[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Proposed Rules]
[Pages 32994-33098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13312]
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Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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15 CFR Part 902
50 CFR Part 660
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Amendments 20 and 21; Trawl Rationalization Program;
Proposed Rule
Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 /
Proposed Rules
[[Page 32994]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 100212086-0210-01]
RIN 0648-AY68
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Amendments 20 and 21; Trawl Rationalization Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes measures to initiate implementation of
Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management
Plan (FMP). Amendment 20 would establish a trawl rationalization
program for the Pacific Coast groundfish fishery. Amendment 20's trawl
rationalization program would consist of: An individual fishing quota
(IFQ) program for the shore-based trawl fleet (including whiting and
non-whiting sectors); and cooperative (coop) programs for the at-sea
(whiting only) mothership (MS) and catcher/processor (C/P) trawl
fleets. The trawl rationalization program is intended to increase net
economic benefits, create individual economic stability, provide full
utilization of the trawl sector allocation, consider environmental
impacts, and achieve individual accountability of catch and bycatch.
Amendment 21 would establish fixed allocations for limited entry (LE)
trawl participants. These allocations are intended to improve
management under the rationalization program by streamlining its
administration, providing stability to the fishery, and addressing
halibut bycatch.
NMFS is reviewing Amendments 20 and 21 in their entirety. However,
due to the complexity of the proposed fishery management measures, this
rule proposes only certain key components that would be necessary to
have permits and endorsements issued in time for use in the 2011
fishery and in order to have the 2011 specifications reflect the new
allocation scheme. Specifically, this rule would establish the
allocations set forth under Amendment 21 and establish procedures for
initial issuance of permits, endorsements, quota shares, and catch
history assignments under the IFQ and coop programs. In addition, the
proposed rule would restructure the entire Pacific Coast groundfish
regulations to more closely track the organization of the proposed
management measures and to make the total groundfish regulations more
clear. NMFS plans to propose additional program details in a future
proposed rule. Such additional details would include: Program
components applicable to IFQ gear switching, observer programs,
retention requirements, equipment requirements, catch monitors, catch
weighing requirements, coop permits/agreements, first receiver site
licenses, quota share accounts, vessel quota pound accounts, further
tracking and monitoring components, and economic data collection
requirements. In order to encourage more informed public comment, this
proposed rule includes a general description of these additional
program requirements. NMFS is also planning a future ``Cost-Recovery''
rule based on a recommended methodology yet to be developed by the
Pacific Fishery Management Council (the Council).
DATES: Comments on this proposed rule must be received no later than 5
p.m., local time on July 12, 2010.
ADDRESSES: You may submit comments, identified by 0648-AY68, by any of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal, at http://www.regulations.gov.
Fax: 206-526-6736; Attn: Jamie Goen.
Mail: Barry Thom, Acting Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; Attn:
Jamie Goen.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (if submitting comments via the Federal e-Rulemaking
portal, enter ``N/A'' in the relevant required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats
only. Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS, Northwest Region, e-mailed to
[email protected]; or faxed to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jamie Goen, 206-526-4656; (fax) 206-
526-6736; [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This proposed rule is accessible via the Internet at the Office of
the Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html. Background information and documents, including the Draft
Environmental Impacts Statements for Amendment 20 and Amendment 21, are
available at the Pacific Fishery Management Council's Web site at
http://www.pcouncil.org/.
Although this proposed rule would implement only certain portions
of Amendments 20 and 21, NMFS is reviewing both Amendments 20 and 21 in
their entirety. On May 12, 2010, NMFS published a notice of
availability of Amendments 20 and 21, and--consistent with requirements
of the Magnuson-Stevens Fishery Conservation and Management Act (MSA)--
must make a decision to approve, disapprove, or partially approve the
amendments by September 8, 2010. Comments on the approvability of the
amendments must be submitted to NMFS by August 9, 2010. This preamble
provides information about the full contents of each amendment for the
purposes of promoting informed public comment. Detailed provisions
regarding features of the proposed rule are provided where applicable.
In addition, section IV of this preamble highlights what the main
regulatory changes would be.
I. Background: Current Management Approach and Need for Change
The Pacific Coast Groundfish FMP covers a diverse mixture of
species occurring in close association and proximity in the Pacific off
the states of Washington, Oregon, and California. The trawl
rationalization program would consist of: (1) An individual fishing
quota (IFQ) program for the shore-based trawl fleet and (2) cooperative
(coop) programs for the at-sea trawl fleet. The shore-based trawl fleet
would include IFQ participants who land groundfish to shore-based
processors or first receivers. The at-sea trawl fleet would include
fishery participants harvesting whiting with
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midwater trawl gear (i.e., whiting catcher/processor vessels, whiting
motherships, and whiting catcher vessels associated with motherships).
The co-op programs for the at-sea trawl fleet are further divided as
follows: (1) A single whiting catcher/processor co-op; and (2) one or
more whiting mothership co-ops may form, or vessels may choose to fish
in a non-coop fishery which would be unaffiliated with a coop. For the
coop and non-coop fishery, vessel owners pool their harvest together.
The IFQ program for the shore-based fleet would require NMFS to
make an initial allocation of harvest quota share (QS) (expressed as a
percentage of the total sector amount) through a new QS permit to
current owners of limited entry trawl permits and shore-based whiting
first receivers who meet the qualifying criteria. Depending on a
person's limited entry trawl permit history in qualifying years, the
permit owner will receive an initial allocation for various target
species/species groups (~20 species), some with area designations. In
addition, NMFS would allocate QS for overfished species based on a
proxy of the amount of target species allocated to the quota share
holder. Shore-based whiting first receivers will receive an initial
allocation of whiting only, based on their history of being the first
receiver reported on state fish tickets (with an opportunity to
reassign their history). Each year, based on the optimum yield amounts
for each species and the amount of QS a holder has for a particular
species/area, NMFS would allocate quota pounds to the QS account. The
QS owner in turn, must allocate quota pounds to vessel accounts.
Vessels are required to have IFQ or quota pounds in an account to cover
all IFQ landings and discards incurred while fishing under this
program. In order to comply with the MSA, NMFS would track ownership
interest in QS to determine if individuals are within set accumulation
limits, both at the initial allocation stage and during the operation
of the program. In Amendment 20, the Council has adopted limits (by
species group and area) on the amount of QS an individual can control
(i.e. control limits) and limits on the amount of quota pounds that may
be registered to a vessel for use in a given year.
For the at-sea whiting component of the trawl rationalization
program, the Council has adopted a program that provides for a C/P coop
and MS coops that differ from how the coops have operated in the past.
The C/P coop will not require an initial allocation of catch shares to
individual vessels, provided that a coop is established. However,
whiting catch shares for the MS fleet (called catch history
assignments) would initially be allocated to qualifying limited entry
trawl permits that were registered to catcher vessels in qualifying
years and which were used in the mothership whiting fishery. Holders of
qualifying permits that are allocated a whiting catch history
assignment may choose to participate in the MS coop or non-coop
fishery. Similar to the shore-based IFQ program, NMFS would be required
to track permit ownership interests in the MS sector to determine if
individuals are in compliance with accumulation limits.
The FMP features different management strategies for different
species, locales, vessels and processing arrangements. These different
management regimes are often referred to as ``sectors.'' Current
management divisions pertain to tribal vs. non-tribal, trawl vs. non-
trawl (fixed gear); limited entry vs. open access; commercial vs.
recreational; whiting vs. non-whiting; shore-based whiting vs. at-sea
whiting; and at-sea whiting MS operations vs. at-sea whiting C/Ps.
A. Sector Management and Allocations
Currently, the Pacific Coast groundfish fishery consists of several
different sectors, defined by fishing gear, species targeted, and
regulatory context. Under current management, the annual optimum yield
(OY) is first reduced to a commercial harvest guideline (commercial HG)
by subtracting from the OY amounts of fish necessary for tribal
fisheries, bycatch for exempted fishing permits (EFPs), and estimates
of research catch, recreational catch, and bycatch in non-groundfish
fisheries. Subtracting these amounts produces the commercial HG, which
NMFS then divides between two main sectors: Limited entry (LE) and open
access (OA). The LE sector is further subdivided into the fixed gear
and trawl subsectors. Within the LE trawl subsector, there is an
additional division between whiting and non-whiting trawl fisheries.
The non-whiting trawl fishery consists primarily of a shore-based
multi-species fishery generally conducted with bottom trawl gear. The
whiting trawl fishery consists of three different fleets: Shore-based,
MS, and C/P (all of which fish only with midwater trawl gear).
Within the whiting trawl fishery, whiting available to the
commercial fisheries is already allocated among the shore-based, MS,
and C/P sectors as follows: 42 percent, 24 percent, and 34 percent,
respectively. (See existing regulations at 50 CFR 660.323.) This
allocation would not change.
Trawl Target Species (Including Pacific Whiting Fisheries)
The list of current trawl target species includes flatfish,
roundfish, thornyheads, and a few species of rockfish. Primary flatfish
target species include Petrale sole and Dover sole. Roundfish target
species include Pacific whiting, Pacific cod, and sablefish. However,
seven rockfish species, which co-occur with the target stocks and can
be caught with trawl gear, are currently declared overfished pursuant
to the MSA. The need to rebuild these stocks to a healthy size has led
to a variety of harvest constraints on groundfish fisheries, and
rockfish are generally no longer a target of these fisheries.
Limited Entry Trawl, Limited Entry Fixed Gear vs. Open Access
The groundfish trawl fishery is subject to a Federal license
limitation program (referred to as limited entry), implemented in 1994;
currently there are 178 groundfish LE trawl permits. Groundfish fixed
gear fisheries--using longline and pot gear--are also managed under the
limited entry program. Some groundfish are caught and landed by vessels
without an LE permit; these vessels comprise the ``open access''
sector, which has directed and incidental components.
Limited Entry Trawl Whiting vs. Non-Whiting
The LE trawl fishery is divided into two broad sectors: A multi-
species trawl fishery, which most often uses bottom trawl gear
(hereafter called the non-whiting sector), and the whiting fishery,
which uses midwater trawl gear. The non-whiting trawl fishery is
principally managed through two month cumulative trip limit periods
along with closed areas to limit overfished species bycatch. Non-
whiting trawlers target the range of species described above with the
exception of Pacific whiting.
LE Trawl Whiting Components
In most years, less than 2 percent of the catch in the Pacific
whiting fishery are species other than Pacific whiting, although
overfished species that co-occur with Pacific whiting are also caught.
The whiting fishery is further subdivided into three sectors. The
shore-based fishery delivers their catch to processing facilities on
land, and the vessels are similar in size and configuration (with the
exception of the type of net used) to the non-whiting trawl fishery
vessels. In the MS sector, catcher vessels deliver to at-sea
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processors called ``motherships''. Most of the MS-sector catcher
vessels also participate in the shore-based whiting fishery. The C/P
sector comprises vessels that catch Pacific whiting and process it on
board.
B. Need for Amendment 20
In its June 2004, scoping document, the Council described the
problem that, despite the recent Federal buyback program that retired
several trawl permits (70 FR 45695, August 8, 2005), management of the
groundfish trawl fishery was still facing serious biological, social,
and economic concerns. The trawl fishery is currently viewed by the
Council as economically unsustainable.
Bycatch, especially bycatch of overfished species, was identified
as a major problem. All direct harvest of overfished species had been
prohibited and numerous closed areas were implemented; however, due to
the multispecies nature of the fishery, it is generally not possible to
avoid catching the overfished species. As a result, harvests of healthy
species were being constrained in order to protect the overfished
species. As noted in the scoping document, management relies on average
estimated discard (bycatch) rates to predict bycatch. The harvest is
then constrained by these bycatch predictions. The discard rate
estimates are fixed for a season and change over time only as new
information becomes available from the observer program. This creates a
situation where there may be little incentive for fishermen to avoid
bycatch on an individual vessel level.
The average estimated bycatch rate has been controversial. Also,
different fishing interests have expressed different opinions about the
pace of the fishery. Some prefer a year-round groundfish fishery, while
others prefer a more seasonal fishery. The current system is not
flexible enough to accommodate both interests or to respond to changes
in markets, weather, or harvest conditions. The ability to react to
changing conditions is important if the goal is an efficient fishery
that is safe for participants. Accordingly, the following problems were
initially identified with the current management regime:
The bycatch rate is uncertain.
There are limited incentives for fishermen to reduce
bycatch.
Opportunities to harvest target species are lost.
The system cannot accommodate the variety of harvest
patterns desired by fishermen.
The system cannot respond quickly to changes in markets,
weather, etc.
Communities are challenged by uncertainty in the industry.
Through an iterative public process, the Council refined these
issues into this goal for Amendment 20:
Create and implement a capacity rationalization plan that
increases net economic benefits, creates individual economic
stability, provides for full utilization of the trawl sector
allocation, considers environmental impacts, and achieves individual
accountability of catch and bycatch.
The Council further identified eight specific objectives to support
achievement of the goal:
1. Provide a mechanism for total catch accounting.
2. Provide for a viable, profitable, and efficient groundfish
fishery.
3. Promote practices that reduce bycatch and discard mortality, and
minimize ecological impacts.
4. Increase operational flexibility.
5. Minimize adverse effects from an IFQ program on fishing
communities and other fisheries to the extent practical.
6. Promote measurable economic and employment benefits through the
seafood catching, processing, distribution elements, and support
sectors of the industry.
7. Provide quality product for the consumer.
8. Increase safety in the fishery.
Because OY on healthy stocks is constrained by rebuilding needs of
co-occurring overfished stocks, Amendment 20 is intended to implement
an approach that will support attainment of OY while improving bycatch
avoidance and supporting rebuilding.
C. Purposes of Amendment 21
The purposes of Amendment 21 are to: Simplify or streamline future
decisions by establishing allocations of specified groundfish stocks
and stock complexes within the Pacific Coast Groundfish FMP; support
rationalization of the LE trawl fishery (Amendment 20) by providing
more certainty to the affected sectors and reducing the risk that these
sectors would be closed because of other non-trawl sectors exceeding
their allocation; facilitate individuals' ability to make long-range
planning decisions based on the allocation of harvest privileges;
support overall total catch accounting of groundfish species by the
group within the trawl sector; and limit the bycatch of Pacific halibut
in future LE trawl fisheries.
Under the IFQ and harvest cooperative systems proposed under the
Amendment 20 trawl rationalization program, it would be critical to
reduce the risk that sectors would be closed because of other sectors
exceeding their allocation. Reducing this risk is important in order to
prevent a race for fish that could occur if QP holders or coop
fishermen thought other sectors would close them down because of
overages.
To the extent that Amendment 21 supports implementation of
Amendment 20, it would also contribute to the anticipated benefits of
individual accountability for catch and bycatch, and improved overall
total catch accounting of groundfish species by the group with the
largest amounts of groundfish catch, the trawl sector. By limiting the
bycatch of Pacific halibut in the LE trawl fisheries, Amendment 21
would control bycatch and could provide increased benefits to
Washington, Oregon, and California fishermen targeting Pacific halibut.
Uncertainty existed regarding whether the allocations in Amendment
21 superseded the allocations to the open access fishery established
when the limited entry fishery began. The Council has clarified that
these allocation are to supersede the earlier open access allocation
for the species allocated under Amendment 21.
II. Amendment 20 Program Description
After considering alternatives, including the status quo, the
Council recommended Amendment 20, which divides the trawl fishery into
three main management sectors: Shore-based (whiting and non-whiting) to
be managed by IFQs; and the MS and C/P sectors (at-sea whiting), both
to be managed by separate coop programs. The shore-based trawl fleet
would consist of IFQ participants who land groundfish to shore-based
processors, or other entities that receive but do not process the
groundfish. Both are referred to as first receivers. The at-sea trawl
fleet would consist of fishery participants harvesting and processing
whiting (i.e., whiting C/P vessels, whiting motherships that process
whiting at sea, and whiting catcher vessels that deliver to
motherships). The at-sea trawl fleet would be further divided as
follows: (1) The whiting C/P sector; and (2) the whiting MS sector. The
MS sector program may include multiple coops where vessels pool their
harvest together to form fishing cooperatives, as well as vessels not
associated with a coop (i.e., the ``non-coop'' segment of the MS
fishery).
A key feature of the trawl rationalization program would be a shift
from the current catch accounting system (that uses fleetwide estimates
of
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discards based on an observer sampling system that has 20-percent
coverage) to an `individual accountability' system where all catch by
shore-based vessels would count against individual participants'
shares, including both retained and discarded catch, based on 100
percent observer coverage on vessels and 100 percent monitoring of the
vessel's offload in the plants (called ``catch monitoring''). Under the
current management system, shore-based fishermen fish against bimonthly
trip limits and annual fleetwide quotas and have no direct
accountability for discards. Under the proposed system, shore-based
fishermen would fish against ``individual'' quotas, against which their
discards would count. Thus, fishermen would have a strong incentive to
fish in a manner that reduces discards because excessive discards would
either lead to shortening their fishing season when their quota is
reached, or greater costs to them if they had to buy additional quota
from other quota holders.
The management approaches set forth in the trawl rationalization
program would consist of different types of limited-access approaches.
These limited-access approaches grant permission to the holder of the
privilege or permit to participate in the program. Such permission may
be revoked, limited, or modified at any time. In other words, it is a
conditional privilege.
Amendment 20 would include features such as annual renewal
requirements and regular program reviews to ensure program goals are
being met, provide NMFS the ability to review, track, and monitor
program implementation and needs, and prevent the perception that the
program confers ``rights'' as opposed to privileges.
Amendment 20 establishes programs that are ``limited-access
privilege programs,'' which are consistent with the MSA provisions at
section 303A. Limited-access privileges, including the quota shares,
quota pounds, and catch history assignments, may be revoked, limited or
modified at any time in accordance with the MSA--and do not create any
right of compensation to the holder of the limited-access privilege,
quota share, quota pound, or catch history assignment if it is revoked,
limited or modified. The limited-access privilege program does not
create any right, title, or interest in or to any fish before the fish
is harvested by the holder and shall be considered a grant of
permission to the holder of the limited-access privilege to engage in
activities permitted by the limited-access privilege program. For
further statutory provisions related to limited-access privileges, see
section 303A of the MSA.
Section 303A contains an ``antitrust savings clause'' that provides
that ``nothing in this Act shall be construed to modify, impair, or
supersede the operation of any of the antitrust laws. For purposes of
the preceding sentence, the term `antitrust laws' has the meaning given
such term in subsection (a) of the first section of the Clayton Act,
except that such term includes section 5 of the Federal Trade
Commission Act to the extent that such section 5 applies to unfair
methods of competition.''
NOAA advises that any fishery participants who are uncertain about
the legality of their activities under the antitrust laws of the United
States should consult legal counsel prior to commencing those
activities. NOAA intends to restate this advice in the regulations for
the program components.
A. IFQ Program Details
IFQs offer a powerful accountability measure for maintaining catch
levels within limits (as required by the MSA). The IFQ program would
feature complete accounting for all catch, both landings and discards,
and would facilitate accountability down to the individual vessel
level.
1. Structure Overview
Amendment 20 would establish an IFQ program for the shore-based LE
trawl fleet. The IFQ program would apply to a specified list of
species, set forth in Sec. 660.140(c) of the proposed rule, which
includes both whiting and non-whiting species. The program would apply
to shore-based harvesters with LE permits and first receivers, and
would apply to all trips with IFQ species delivered shoreside. The IFQ
program would provide for total catch accounting and individual vessel
responsibility. This means that both landed catch and discards would
count against the quota pounds in an individual vessel's vessel
account.
Accountability for landings and discards are expected to increase
the certainty managers have regarding fishing mortality, which in turn
is expected to foster the rebuilding of overfished species and help
prevent overfishing. Furthermore, the increased observation necessary
to monitor landings and discard is expected to increase the information
flow on the status of the fishery as the fishery occurs. Finally,
responsibility for landings and discards--and the monitoring necessary
for that type of management--is expected to increase accounting ability
and result in changes to fishing behavior, which include a reduction in
the bycatch rate of constraining stocks and a reduction in regulatory
discarding.
To implement the IFQ program, NMFS would divide the trawl
allocation for these species between the IFQ and at-sea whiting
sectors. NMFS would then divide the IFQ allocation among individual
participants as percentages of the total sector allocation. This
individual apportionment of catch percentage would be called Quota
Share (QS). Each year, the percentage of catch represented by the QS
would be converted into poundage based on the total amount of catch
available to the sector. This poundage would be known as Quota Pounds
(QP). The QP would be issued to the QS permit owner, but in order to be
fished, the QP would have to be transferred into a vessel account. In
order to land an IFQ species, a vessel's account would be required to
contain sufficient QP to cover the catch within 30 days of the landing.
Special provisions for addressing overages are discussed below in
section II.A.7 of this preamble.
Within the IFQ program, vessels would be allowed to use a variety
of directed groundfish commercial gear (including non-trawl gear) to
take the shore-based trawl sector allocation, which would thus allow
for ``gear switching.'' To prevent the OA and fixed gear allocations
from being reduced due to landings by people with IFQ, catch that is
made with non-trawl gear by a person with QP would count against the QP
and against the IFQ allocation. In addition, QS and QP would be tied to
specific species groups, areas, and sectors.
The assignment of QP would constitute a revocable privilege to
harvest a certain portion of the trawl sector's allocation within a
given year, which would not constitute a permanent right or privilege.
NMFS and the Council would review the program at regular intervals to
determine whether the program should be continued. Results of these
reviews could lead to dissolution of the program, revocation of QS, or
other fundamental changes to the program. The first review would occur
no later than 5 years after implementation, with subsequent reviews, if
applicable, at 4-year intervals after that. Holders of QS should remain
cognizant of this fact when making decisions regarding their QS,
including the buying, selling, and leasing of these shares.
2. IFQ species
IFQ requirements would apply for most species of groundfish under
the
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FMP (although some would still be managed collectively at the stock-
complex level, such as remaining minor slope rockfish). Dogfish and
some groundfish species rarely caught by trawl gear would be excluded
from the IFQ program. T o ensure that OY for species not covered by the
IFQ are not exceeded, catch of those species would be monitored.
QS would be assigned for the following species: lingcod, Pacific
cod, Pacific whiting, sablefish north of 36[deg] N. lat., sablefish
south of 36[deg] N. lat., Pacific ocean perch, widow rockfish, canary
rockfish, chilipepper rockfish, bocaccio, splitnose rockfish,
yellowtail rockfish, shortspine thornyhead north of 34[deg]27[min] N.
lat., shortspine thornyhead south of 34[deg]27[min] N. lat., longspine
thornyhead north of 34[deg]27[min] N. lat., cowcod, darkblotched
rockfish, yelloweye rockfish, minor rockfish north slope species
complex, minor rockfish north shelf species complex, minor rockfish
south slope species complex, minor rockfish south shelf species
complex, Dover sole, English sole, petrale sole, arrowtooth flounder,
starry flounder, and the ``Other Flatfish'' stock complex.
The purpose of covering species with quota is to provide a catch-
control tool to ensure that management targets are adhered to and that
other sectors are not affected by higher-than-expected catch levels in
the trawl fishery, or both. In determining which species to recommend
for coverage, the Council considered cases in which it would not be
necessary or appropriate to cover certain species, such as species that
are inaccessible to groundfish trawl gear, species that are constrained
by the catch of other species, species caught predominantly within
state waters, and species encountered in very small volumes. For these
types of species, management through IFQ is not necessary for
successful management of fishing mortality.
For species not covered by IFQ, trip limits and set-asides may
still be used and would be implemented through the biennial
specification process.
For Pacific halibut taken as bycatch in the IFQ fishery, Amendment
20 would require halibut individual bycatch quota (IBQ) to cover the
mortality of the incidental catch of Pacific halibut in the groundfish
trawl shore-based fishery. This would be a change from the current
trawl fishery in which there is no cap on the amount of halibut caught,
discarded, or killed. Retention of halibut caught under the IBQ would
not be allowed, which is consistent with the current regulations. The
purpose of establishing an IBQ would be to prevent the trawl fishery
from preempting or constraining the directed halibut fishery. The level
of halibut mortality would be limited by the total catch limits
proposed in Amendment 21, if that amendment is approved.
3. Who can participate?
While initial issuance of QS would be limited to Limited Entry
permit owners based on catch history, and whiting shoreside processors
based on processing history, after the initial issuance, QP would be
immediately transferable in increments of whole pounds. In addition,
after the first 2 years, QS would become transferable as well. The
eligibility requirements for owning QS and QP would be very broad,
allowing anyone who meets the following criteria to own them: A U.S.
citizen, permanent resident alien, or corporation, partnership, or
other entity established under the laws of the United States or any
State that is eligible to own and control a U.S. fishing vessel with a
fishery endorsement.
a. Initial Issuance
The Council considered which groups should receive QS by initial
issuance (vessel owners, permit owners, processors, communities,
skippers and crew, or general public through auctions, etc.). In
consideration of many factors--including but not limited to dependence
on the fishery, economic and market factors, fairness and equity,
community impacts, the ability to promote stewardship, and
participation history--the Council recommended dividing the initial
issuance as follows: The Council recommended that harvesters (those
holding LE permits for trawl vessels) be given an initial allocation of
90 percent of the non-whiting QS and 80 percent of the whiting QS. Ten
percent of the QS for non-whiting species would be set aside for an
adaptive management program (AMP), and eligible shoreside processors
would receive 20 percent of the whiting QS. After the first 2 years,
transferability would likely affect these initial distribution ratios.
The AMP is intended to be used after the first 2 years to address
the following objectives: Community stability, processor stability,
conservation, and unintended or unforeseen consequences of IFQ
management. During the first 2 years of the program, the AMP QP would
be issued (``passed through'') to all QS holders pro rata. During the
first 2 years of the program, the Council intends to develop the
procedures and formulas for distributing the AMP quota set aside
starting in year 3 of the program; this could require a recommendation
to NMFS, as well as a proposed and final rulemaking in order to approve
and implement it.
The Council also considered whether the initial issuance of QS in
the harvesting sector should be allocated to the vessel owner or the LE
permit owner. Because the ownership of the permit better reflects the
amount of investment in the fishery than the ownership of the vessel,
and the permit is what authorizes the participation in the fishery, the
Council recommended attaching the initial issuance to the qualifying
permits. Subsequent transfers, as well as potential additional
distributions, would allow for additional groups to buy into the
fishery.
The Council also considered the highly controversial issue of
allocation of harvest shares to processors. Several alternatives
concerning the initial issuance of harvest QS to processors were
considered, ranging from fifty percent of QS for all whiting and non-
whiting IFQ species, to zero percent of QS for all IFQ species, to
amounts within this range for whiting only. In its deliberation on this
issue, the Council explored the issue of investment in the fishery, the
role of ownership of QS in the conservation benefits of a catch share
program, and the importance of a strong working relationship between
the community, processors, and the harvesters. The Council's final
recommendation was to provide to eligible shoreside processors twenty
percent of the initial issuance of whiting QS only. The Council's
rationale in choosing the preferred alternative focused on the need to
carefully consider the balance of market power between harvesters and
processors, as well as the importance to communities of maintaining
processing capabilities along the coast. The Council believed that an
initial allocation of twenty percent of the whiting resource to
eligible shoreside processors struck an appropriate compromise among
these multiple factors. In addition, the Council believed that the AMP
could be used to lessen potential impacts to processors and
communities.
i. Eligibility and Qualifying Criteria for Initial Issuance of QS
Both harvesters and shore-based processors could receive QS permits
if they meet the initial eligibility and qualifying criteria.
(A) Eligibility and Qualifying Criteria for Harvesters
A harvester may apply for initial issuance of both whiting and non-
whiting QS. To be eligible, the harvester
[[Page 32999]]
would need to own a LE trawl-endorsed permit. The Council considered
that the significant investment in vessels and permits provide a good
indicator of who should be eligible to apply among the fleet.
After considering several possible time periods to serve as the
qualifying period, the Council recommended the years 1994-2003 for non-
overfished species. These years represent the period of time from the
beginning of the license limitation period through the announcement of
the trawl rationalization control date. Dates prior to 1994 would not
have permit histories because the LE system under which the permits
were issued was not implemented until 1994. Other potential start dates
between 1994 and 2003 were considered, including 1997 (the first year
of fixed allocations among the three whiting sectors), 1998 (to exclude
older histories), 1999 (the year of the first major reductions in
response to overfished determinations), and 2000 (the year disaster was
declared and fishing opportunities were significantly constrained and
modified). The Council also considered 2004 as a later end date to the
qualifying period, but determined that using 2004 would reward
speculative entrants who chose to ignore the control date, create
perceptions of inequity, and undermine the ability of the Council to
use control dates in the future.
The recommended range of years from 1994-2003 would include fishing
patterns from under a variety of circumstances, would recognize long-
time users of the fishery, and is intended to mitigate disruptive
effects experienced by communities as a result of geographic effort
shifts. In addition, the dropping of the two worst years for whiting,
or the three worst years for non-whiting, as well as the calculation of
``relative history'' (described below), is intended to mitigate against
hardship cases and could reduce the requests regarding special
circumstances and appeals.
Determination of overfished species QS would be based upon bycatch
rates for different target species and areas and vessel logbook area
distribution data from the years 2003-2006. This time period is used
because the Council intended to accommodate more recent fishing
patterns and spatial trends--and to provide the allocations of bycatch
to those most in need of such allocations for the purpose of targeting
healthy stocks. The Council declined to use catch history of these
species as a basis for allocation because it would reward those who
targeted these species in recent years.
(B) Eligibility and Qualifying Criteria for Processors
A shoreside processor may apply for initial issuance of whiting QS
only. To be eligible, the processor would need to have received at
least 1 metric ton of whiting from whiting trips (defined as a fishing
trip where greater than or equal to 50 percent of all fish reported on
the state landing receipt is whiting) in each year of at least two of
the years from 1998-2004. The Council considered the greater likelihood
of transient participation among processors, and therefore included the
additional criteria of the minimum receipt requirement to demonstrate
substantial participation.
For eligibility for initial issuance, ``shoreside processor'' would
be defined as an operation on U.S. soil that takes delivery of trawl-
caught groundfish that has not been processed and that thereafter
engages that fish in shoreside processing activities, which include
cutting groundfish into smaller portions; freezing, cooking, smoking,
or drying groundfish; packaging that groundfish for resale into 100
pound units or smaller for sale or distribution into a wholesale or
retail market; and the purchase of live groundfish from a harvesting
vessel and redistribution in to a wholesale or retail market. Entities
that received fish that have not undergone at-sea processing or
shoreside processing and sell that fish directly to consumers would not
be considered a processor for purposes of QS allocations.
The best official data that can be used to identify a processor
that processed whiting on shore are the state landing receipts signed
by the first receiver of the whiting. In a few cases, the first
receiver that signed the landing receipts is not in fact the first
processor of the whiting. Because of this, the process established to
issue whiting QS to processors will allow the first receiver to apply
for the QS. If the first receiver is not in fact the first processor,
these regulations establish a process whereby the initial issuance of
the QS could be issued to the first processor through agreement by the
first processor and first receiver, or by a separate request for
correction submitted by the first processor.
(C) Calculation of QS
The Council developed formulas to determine initial issuance
allocations of QS. The allocation formulas are based on vessel landings
or processor receipt histories within the shoreside sector. Under the
proposed rule, NMFS would use data from the Pacific Fisheries
Information Network (PacFIN) of the Pacific States Marine Fisheries
Commission to derive these histories.
In developing the allocation formulas, the Council considered
whether to calculate QS based on a harvester's landings or processor's
receipt history as expressed in absolute pounds or by the applicant's
relative history. Relative history computes an applicant's history as a
percentage of effort within the sector, rather than in absolute pounds,
in order to take into account changes in fishing and processing
opportunity between years. An example to illustrate the concept of
relative history can be shown using a hypothetical fishery with one
species, three permits, and four years. The permits' absolute catch
history for each year, expressed as species weight, follows:
----------------------------------------------------------------------------------------------------------------
Year 1 Year 2 Year 3 Year 4
----------------------------------------------------------------------------------------------------------------
Permit 1........................................ 300 100 200 200
Permit 2........................................ 500 600 300 200
Permit 3........................................ 400 1200 400 100
---------------------------------------------------------------
Sector Total................................ 1200 1900 900 500
----------------------------------------------------------------------------------------------------------------
The relative history for each permit would express each permit's
catch in terms of a percentage of the total catch. Thus, in this
hypothetical example, the permit's catch history would be divided by
the total catch history of all permits in the sector. The relative
history of this hypothetical fishery would look like this:
[[Page 33000]]
----------------------------------------------------------------------------------------------------------------
Year 1 Year 2 Year 3 Year 4
(percent) (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Permit 1........................................ 25 5 22 40
Permit 2........................................ 42 32 33 40
Permit 3........................................ 33 63 44 20
---------------------------------------------------------------
Sector Total................................ 100 100 100 100
----------------------------------------------------------------------------------------------------------------
For calculating QS, some calculations drop years with the lowest
relative history before summing all relative histories, with the QS
determined by dividing the permit's total relative histories by the
aggregate total for the sector. This can be shown in this hypothetical
example by demonstrating one dropped year as follows (each permit's
lowest relative history is crossed out and not counted in the total
relative history for the permit or year in which it occurs):
--------------------------------------------------------------------------------------------------------------------------------------------------------
QS Allocation
Total (sum of (permit total
relative relative history/
Year 1 Year 2 Year 3 Year 4 histories, less total of sector
(percent) (percent) (percent) (percent) worst year) relative
(percent) histories)
(percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Permit 1.......................................... 25 5 22 40 87 25.36
Permit 2.......................................... 42 32 33 40 115 33.53
Permit 3.......................................... 33 63 44 20 140 40.82
-----------------------------------------------------------------------------------------------------
Sector Total (less worst years)............... 100 63 100 80 343 100.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
The calculation of relative history uses all catch history
associated with the sector, regardless of whether all of that catch
qualifies for QS, in order to demonstrate the permit or processor's
actual performance relative to other participants.
The Council recommended specific allocation formulas for
determining the initial amount of QS each eligible entity would
receive. For harvesters, calculation of QS under this program would
differ based on the eligibility of the underlying permits. The QS
associated with the history of permits retired in the buyback program
for all species (except incidentally-caught overfished species other
than canary) would be distributed equally among the remaining qualified
permits. The QS pool associated with the buyback permits would be the
buyback permit history as a percent of the total fleet history for the
allocation period, based on absolute pounds with no dropped years or
other adjustments (about 44 percent of the QS would be allocated in
this fashion).
The remaining harvester QS after computing the equal distribution
would be calculated based on the history associated with each
harvester's own current limited entry trawl permit. Different
allocation formulas are used for whiting trips and non-whiting trips,
as well as different formulas for target species and incidentally-
caught overfished species in non-whiting trips. For initial issuance, a
whiting trip would be defined as a fishing trip where greater than or
equal to 50 percent of all fish reported on the state landing receipt
are whiting (a non-whiting trip for purposes of initial issuance would
be a fishing trip where less than 50 percent of all fish reported on
the state landing receipt are whiting). For calculating QS based on a
permit's landing history, NMFS would combine the landings histories of
permits that have been combined. If two or more permits are registered
to a single vessel, then NMFS would divide the landings history evenly
among the permits. Landings history associated with provisional ``A''
permits that did not result in an ``A'' permit and landings associated
with ``B'' permits would not be used; these permits no longer exist.
Within the regulations deemed by the Council as necessary or
appropriate under the Magnuson Act, there were regulations where the
Council expected NMFS to undertake the following when allocating catch
history: ``After applying standard PacFIN species composition
algorithms and where the resulting species categorizations do not match
IFQ species categories, NMFS will assign species to an IFQ species
category based on other information from state landings receipts or
logbook information in PacFIN.'' As discussed in Appendix A to the
Draft Environmental Impact Statement (DEIS) for Amendment 20 (see
Tables A-57 and A-58), most of this issue concerns unspecified rockfish
within the minor rockfish north and south IFQ categories. NMFS is
unsure that such an analysis can be reasonably undertaken given the
Council's staff estimate that about 25,000 fish tickets would have to
be reviewed. As noted in Appendix A, this could be a source of appeal:
``Another area in which some discretion will be exercised is the
classification of fish ticket records for which species remains
unspecified, even after the application of species composition
information (unspecified flatfish and unspecified rockfish).
Unspecified flatfish can be reasonably assigned to the ``Other
Flatfish'' category. Unspecified rockfish is most likely remaining
shelf rockfish but might also be remaining nearshore rockfish (outside
the scope of the IFQ program) or remaining slope rockfish. A more
accurate determination may be made by considering other species listed
on the fish ticket as well as any logbook data that can be correlated
with a particular trip. Judgments made in the application of this
ancillary data to determine the correct attribution for unspecified
rockfish may be a source of appeal. Data on the extent of this issue is
provided in Section A-2.1.3. The precautionary note regarding changing
fish tickets is included in response to rumors that during the license
limitation program implementation state agency personnel were changing
fish tickets at fishermen's requests without realizing the implications
with respect to the license limitation permit issuance process.''
[[Page 33001]]
NMFS highlights this issue to request comments specifically on
whether the agency should use information other than PacFIN data to
assign species to an IFQ species category when such action would be
impracticable in that it would be extremely time consuming and result
in information that would not necessarily be accurate.
The Council also adopted language that stated: ``History for
illegal landings will not count for allocation of QS. Landings made
under non-whiting Experimental Fishing Permits (EFPs) that are in
excess of the cumulative limits in place for the nonEFP fishery will
not count toward an allocation of QS.'' However, the draft regulations
deemed as necessary or appropriate under the Magnuson Act, by the
Council stated that ``Landings identified as being in excess of the
cumulative landings limits in place (e.g., illegal landings, non-
whiting EFP landings, etc.) will not count toward the allocation of
QS.'' The proposed regulation at Sec. 660.140(d)(8)(iii)(A)(5) differs
from what the Council initially deemed in order to match the language
adopted by the Council. NMFS would rely upon information reported into
the state fish ticket system (as documented in the PacFIN database) to
identify such landings.
Allocations of QS based on a LE trawl-endorsed permit's catch
history from whiting trips would be calculated from the permit's
relative history from 1994-2003, dropping the two years with the worst
relative history. Allocations for incidental catch in the whiting
fishery would be made pro rata based on the qualifying permit's whiting
history, meaning QS of bycatch species from whiting trips would be
allocated at the same percent as whiting QS. Allocations of QS based on
a LE trawl-endorsed permit's catch history for certain target species
from non-whiting trips (called ``Group 1'' species in the proposed
rule) would be calculated from the permit's relative history from 1994-
2003, dropping the three years with the worst relative history.
Allocations of QS based on a LE trawl-endorsed permit's catch
history for incidentally-caught overfished species from non-whiting
trips (``Group 2'' and ``Group 3'' species in the proposed rule) would
be calculated by a formula that takes into account average bycatch
rates based on 2003-2006 data from the West Coast Groundfish Observer
Program (WCGOP), specific depth and latitude distributions determined
from vessel logbook data, and the permit's QS allocations of certain
target species. Bycatch rates specified in the proposed rule have been
calculated by the NMFS' Northwest Fishery Science Center, and may be
modified in the final rule for greater precision. To determine the
weighting of various target species against which bycatch rates would
be applied, NMFS would calculate a permit's estimated QP based on
short-term non-whiting allocations applied to 2011 harvest
specifications (initial calculations would be based on projections,
subject to revision pending final specifications). The goal would be to
address the QS recipient's need to cover incidental catch on non-
whiting trips under current fishing practices. In order to make sure
each qualifying permit receives an initial allocation of canary
rockfish QS (``Group 3'' species in the proposed rule), as described
above, the landings history of vessels bought out through the buyback
program for canary rockfish would be distributed evenly among
qualifying QS permits.
Allocation of QS from whiting trips and from non-whiting trips
would be calculated separately and weighted according to short-term
allocations between whiting and non-whiting as set forth in
660.140(d)(8). The resulting amounts would be combined into a single QS
for each species. Although not specifically addressed in the Council
motion, for the first year of implementation only, NMFS would round
overfished species QP up to the nearest pound for qualifying QS permits
that would receive greater than zero, but less than one pound of an
overfished species. This is intended to help mitigate the effects of
initial issuance of overfished species QS.
Halibut IBQ for harvesters would be calculated using a formula
based on QS for arrowtooth flounder and petrale sole, two target
species that correlate to halibut bycatch. The formula would include
additional factors such as area distribution of fishing effort and
bycatch rates from WCGOP data applied to projected 2011 specifications,
as set forth in full at Sec. 660.140(d)(8). As with the QS calculation
for overfished species, bycatch rates specified in the proposed rule
may be modified in the final rule for greater precision.
For shoreside processors, calculation of whiting QS would be based
on the relative history of the eligible processing company's receipts
of whiting from whiting trips. NMFS would calculate whiting QS based on
the processor's relative history from 1998-2004, dropping the 2 years
with the worst relative history. NMFS would rely on PacFIN records to
determine the first receiver/processor. A key consideration for this
formula was to minimize disruption in the processing sector. An appeals
process would allow NMFS to subsequently reassign landings history to
another shoreside processor, if applicable.
ii. How To Obtain an Initial QS Permit
(A) Application and Correction
The proposed rule, at Sec. 660.140(d)(8), sets forth two ways for
qualified applicants to apply for a QS permit, either by responding to
NMFS' prequalification materials, or by requesting a blank application
and completing and submitting it to NMFS with evidence of
qualification.
NMFS would mail ``prequalified applications'' to the eligible LE
trawl permit holders and first receivers that appear to qualify for QS.
The prequalification materials would show the basis for NMFS'
calculations. If an eligible applicant does not receive a prequalified
application from NMFS, the applicant may request a blank application
from NMFS. The applicant would be required to complete the application
and submit it to NMFS, along with additional information, by the
application deadline. Failure to submit a complete application package
to NMFS by the application deadline date would result in forgoing the
ability to qualify for initial issuance of QS.
In preparation for this process, NMFS published, on January 29,
2010 (75 FR 4684), a final rule on data collection that included
providing notice to participants in the industry to review their catch
data for purposes of ensuring that the QS and other calculations
undertaken by NMFS would be based on the best available data. In the
February 19, 2010, ``Small Entity Compliance Guide'' associated with
this rule, NMFS provided the following instructions: ``For those
individuals wanting to participate in the IFQ fishery, the data source
is the Pacific States Marine Fisheries Commission's PacFIN database and
includes the following: 1. Landings data during 1994-2003 from state
fish tickets, as provided by the states to the PacFIN database, would
be used to determine initial allocation of IFQ QS for the shore-based
whiting and non-whiting harvesters and for the shore-based whiting
processors. 2. The first receiver listed on the state fish ticket, as
recorded in PacFIN, would be used to determine to whom whiting
processing history should be attributed for whiting QS. Through NMFS'
initial issuance process for QS, there would be an opportunity to
reassign the whiting processing history. 3. State logbook information
from 2003 through 2006, as
[[Page 33002]]
recorded in PacFIN, would be used to determine the area fished for
individual permits (depth and latitudinal strata associated with
permits). This information would be used in a formula to determine a
permit's initial allocation of overfished species. For those seeking to
participate in the MS or C/P fisheries, the data sources are from the
NMFS' Northwest Fisheries Science Center's Pacific whiting observer
data in NORPAC (NORPAC data). Observer data from the NORPAC database
would be used to determine initial issuance of MS permits, mothership
catcher vessel (MS/CV) endorsed permits, and C/P endorsed permits and
allocation of whiting catch history assignments on MS/CV endorsed
permits. Information on trawl-endorsed groundfish limited entry permits
or permit combinations would come from limited entry permit records at
NMFS, Northwest Region, Sustainable Fisheries Division, Fisheries
Permits Office.''
All potential participants in the trawl rationalization program
were requested to check the data that NMFS would use for initial
issuance of permits and allocations of harvest privileges. This
includes potential QS permit owners in the IFQ fishery, including
harvesters and shore-based whiting processors. It also includes
potential coop participants that may be issued a MS permit, a MS/CV
endorsement with an associated whiting catch history assignment, or a
C/P endorsement.
Participants were instructed that this would be the only
opportunity for potential participants in the trawl rationalization
program to review and, if necessary, correct their fishery data prior
to initial issuance of permits and allocations. At that time, NMFS
stated that it was very important that this information be reviewed
prior to the publication of the proposed rule for the trawl
rationalization program, so that when NMFS extracts a copy of the
databases for the initial issuance of permits and allocations, the data
is correct. Participants were further instructed that NMFS would not
allow this data to be corrected during the initial issuance and appeals
process. Only NMFS' extraction, expansion, or aggregation of the data
would be subject to appeal, not whether the raw data NMFS used was
correct.
Because none of the data is publicly available at the individual
level, for confidentiality reasons, NMFS provided instructions and
Federal and state contact information for participants to use in
requesting data and correcting data. (In support of this process, the
PSMFC developed scripts for the States to use in providing fishermen
and processors their data.) NMFS also indicated that if existing data
contains a mistake, such as a transcription error, then the participant
may request a correction. However, requests to add new data to PacFIN
or NORPAC would not be considered. For logbooks, only existing logbook
information in PacFIN may be corrected (i.e., only transcription
errors); no new logbooks dating back to 2003 through 2006 would be
accepted. Any revisions to an entity's fish tickets or logbooks would
have to be approved by the state in order to be accepted by NMFS.
NMFS previously announced that the agency intended to extract a
copy of the databases for the purposes of initial issuance on the date
of publication of the proposed rule for initial issuance (i.e., the
date of publication of this proposed rule). However, upon further
consideration, NMFS has chosen to specify the date of extraction as
July 1, 2010, in order to give the public more time to verify their
data. Potential participants have had notice of the significance of
verifying their data, and this extension to July 1, 2010, gives them
additional time.
NMFS is proposing in this rule that the only basis for appeal would
be the same as the basis for corrections which are errors in NMFS'
extraction, aggregation, or expansion of data, including: Errors in
NMFS extraction of landings data from PacFIN; errors in NMFS extraction
of state logbook data from PacFIN; errors in NMFS application of the QS
allocation formula; errors in the identification of the permit owner,
permit combinations, or vessel registration as listed in NMFS' permit
database; and errors in ownership information for first receivers and
shoreside processors. The proposed rule, at Sec. 660.140(d)(8), sets
forth requirements for requesting these corrections. If an applicant
does not accept NMFS' calculation in the pre-qualified application, the
applicant would be required to identify in writing to NMFS which parts
of the application the applicant contends to be inaccurate, and provide
specific, credible information to substantiate any request for
correction by the application deadline date. The proposed rule also
sets forth requirements for reassignment of whiting landings history
for shoreside processors, which require a written request signed by
both parties providing specific information. An additional basis for
requesting a correction or appeal for whiting QS based on shoreside
processing would also be an allegation that the first receiver to which
a QS permit and QS have been assigned was not in fact the first
processor of the fish included in the qualifying history.
In support of this process, the Council provided the industry a
series of tables with its preliminary estimates of QS. (See http://www.pcouncil.org/groundfish/fishery-management-plan/fmp-amendment-20/trawl-rationalization-schedule-and-quota-share-allocation-tables/#qs).
The Council provided a QS allocation table for permits that shows the
estimated initial allocations of QS on a permit-by-permit basis, as
developed for purposes of analysis. The last line of the tables
provides the whiting allocations for the MS/CV-endorsed permit catch
history assignments that would be part of the MS coop program. The
permit identifiers were masked for confidentiality reasons; the
unmasked number for any particular permit is available only to the
owner of that permit. The Council office mailed those numbers to permit
owner. (A list of the owners of LE permits is available from the NMFS
Limited Entry Permit Office Web site at https://nwr2.nmfs.noaa.gov/nwp_public_ss/HOME/index_pub_permits_ss.cfm.)
The Council described how its QS estimates were calculated. The QS
estimates are based on 1994-2003 state fish ticket information acquired
in the fall of 2006 from the PacFIN database, port sampler information
which records the average species mixes for species reported on fish
tickets as a group (e.g., ``Other Rockfish''); WCGOP data from 2003 to
2006; and individual permit logbook information for 2003 through 2006.
With respect to the logbook information, if a permit was not active
from 2003-2006, fleet-wide averages were used in place of the permit-
specific logbook information. The allocation formulas that were applied
are those from Section A-2.1.3 of the Council recommended program.
A similar table was provided for initial estimates of whiting QS
that may be allocated to whiting processors. Twenty percent of the
total whiting QS would be allocated to processors, as determined for
the purpose of analysis. For processors to qualify they would be
required to first meet a recent participation criteria, which requires
that--in each of at least 2 years from 1998 through 2004--a processor
would be required to have processed at least one metric ton (mt) from a
vessel making a whiting trip. Available data indicates there are 11
companies that meet this criterion. Two tables were provided for
processors; one provided a list of the companies meeting the recent
participation criteria and the other showed an estimate of the amount
of QS
[[Page 33003]]
projected for each company. For the QS estimates, the identity of the
processor expected to receive the QS was masked, as was done for the
permit owners.
The Council indicated that the actual QS allocations would be
determined by NMFS and may vary from these estimates for a variety of
reasons, including (but not limited to):
A change in the allocation of harvest between shore-based
whiting and non-whiting sectors or a change in the QS initial
allocation formula arising through a partial disapproval of the program
by NMFS;
A change in the rebuilding status for overfished species
or a new finding that a particular species is overfished, since the
shoreside whiting/non-whiting sector split and QS allocation formulas
for overfished species differ from that of non-overfished species; and
The correction of an error in the fish tickets or logbooks
on record for a particular permit (such a change may cause adjustments
to the initial allocations for all other permits).
The Council also provided a hypothetical conversion of the initial
QS allocations to QP based on OYs for the 2010 fishery and the trawl
sector allocations recommended by the Council in April 2009. This is
hypothetical because (1) actual QP available to the fishery, if and
when this program begins after 2010, would differ from the 2010 example
used here, and (2) the estimated QS for a permit may vary from the
final actual QS issued to that permit, for the reasons cited above.
The November 11, 2009, update of these tables included modification
of the canary QS allocations pursuant to actions taken by the Council
at its November 2009 meeting and modification of the catch area
assignments. Modification of the catch area assignments primarily
affected the allocation of southern sablefish and southern shortspine
thornyheads. The Council also noted that for some species, such as
bocaccio, the trawl sector allocations may be greater than those
assumed in the example. On December 18, 2009, the Pacific halibut and
MS whiting estimates were added. On January 25, 2010, the Processor
Whiting QS Allocation Table was added. This table was revised on April
9, 2010.
Applicants would be required to submit completed, signed, notarized
applications by the deadline date (60 days after date of publication of
the final rule in the Federal Register). The proposed rule sets forth
the requirements for complete applications at Sec. 660.140(d)(8). To
be complete, the application would be required to include:
Certification that the applicant qualifies to own QS; indication as to
whether the applicant accepts NMFS' calculation of initial issuance of
QS provided in the prequalified application, or credible information
that demonstrates their qualification for QS; and a complete Trawl
Identification of Ownership Interest Form identifying all individuals
with 2 percent or greater interest in the permit. Business entities may
be required to submit a corporate resolution or other credible
documentation as proof that the representative of the entity is
authorized to act on behalf of the entity. NMFS may request additional
information of the applicant as necessary to make an initial
administrative determination (IAD) on initial QS issuance.
(B) IAD and Appeals
NMFS would issue an IAD for all complete, certified applications
received by the application deadline date. If NMFS approves an
application for initial issuance of QS, the applicant would receive a
QS Permit specifying the amounts of QS for which the applicant has
qualified and the applicant would be registered to a QS Account. If
NMFS disapproves an application or a portion of the QS applied for, the
IAD would provide the reasons NMFS did not approve or only partially
approved the application. If the applicant does not appeal the IAD
within 30 calendar days of the date on the IAD, the IAD would become
the final decision of the Regional Administrator acting on behalf of
the Secretary of Commerce.
An applicant who disagrees with NMFS' determination on the
application would be required to appeal within 30 days or the IAD would
become final. The proposed rule sets forth procedures and timelines for
making appeals at Sec. 660.25(g). Only the applicant may appeal the
IAD. In this proposed rule, NMFS is proposing that there is no option
to appeal a decision based on incomplete or inadequate data; the only
basis for appeal would be the same as the basis for corrections which
are errors in NMFS' extraction, aggregation, or expansion of data,
including: Errors in NMFS extraction of landings data from PacFIN;
errors in NMFS extraction of state logbook data from PacFIN; errors in
NMFS application of the QS allocation formula; errors in identification
of the permit owner, permit combinations, or vessel registration as
listed in NMFS permit database; and errors in ownership information for
first receivers and shoreside processors. An additional basis for
appeal for whiting QS based on shoreside processing would also be an
allegation that the first receiver to which a QS permit and QS have
been assigned is not in fact the first processor for those fish. The
appeal would be required to be in writing and allege credible facts to
show why the criteria have been met. In addition, Sec. 660.140(d)(8)
of the proposed rule specifies that certain issues may not be appealed,
including but not limited to: The accuracy of the permit landings data
or shoreside first receiver landings data in the dataset extracted from
PacFIN by NMFS on July 1, 2010.
(C) Permit Pending Appeal
The proposed rule would address the status of permits pending
appeal as follows. For permits and endorsement qualifications and
eligibility appeals (i.e., QS permit (permit eligibility, not amounts),
MS permit, MS/CV endorsement, C/P endorsement), any permit or
endorsement under appeal may not fish in the Pacific Coast groundfish
fishery until a final decision on the appeal has been made. If the
permit or endorsement is issued, the permit or endorsement would be
effective upon approval, except for QS permits, which would be
effective at the start of the next fishing year.
For a QS amount for specific IFQ management unit species under
appeal, the QS amount for the IFQ species under appeal would remain as
that previously assigned to the associated QS in the IAD. The QS permit
could be used to fish in the Pacific Coast groundfish fishery with the
QS amounts assigned to the QS permit in the IAD. Once a final decision
on the appeal has been made--and if a revised QS amount for a specific
IFQ species would be assigned to the QS permit--the QS amount
associated with the QS permit would be effective at the start of the
next calendar year.
b. Transfers
After the first 2 years of program implementation, transfers of QS
would be allowed. While criteria for initial issuance limit recipients
to owners of LE trawl permits, after the first 2 years, transfers could
be made to a broader group. Generally, anyone eligible to own a U.S.-
documented fishing vessel could acquire QS and QP in increments as
small as one pound. These provisions would allow for new entrants into
the fishery; for example, a crew member could slowly purchase amounts
of quota. They would also allow for ownership of QS by communities,
non-governmental organizations, or other entities.
[[Page 33004]]
This transferability would be expected to facilitate bycatch
reduction and efficiency. Through the transfer of QS/QP (bought and
sold or ``leased'' through private contract), it is anticipated that
those best able to avoid catching overfished species, and those who are
most efficient, would increase the amount of QS/QP registered to them,
while those who consistently have high bycatch rates or operate less
efficiently might choose to sell their QS and leave the fishery.
c. Requirement to Transfer QP Into Vessel Account
Each year, all QP would be required to be transferred into a vessel
account by September 1. This requirement is intended to encourage its
availability for use by the fleet.
d. Distribution of Additional Quota Shares
In Amendment 20, the Council indicates that it would consider the
use of an auction or other non-history-based method when distributing
QS that may become available after initial allocation. This may include
quota created when a stock transitions from overfished to non-
overfished status, quota not used by the AMP, quota forfeited to ``use
it or lose it'' provisions, and any quota that becomes available as a
result of the initial or subsequent reviews of the program. The method
of distribution would be designed to achieve the goals of Amendment 20,
including minimizing the adverse effects from an IFQ program on fishing
communities to the extent practical.
4. Ownership Limitations and Accumulation Limits
While transferability is an important component of the Amendment 20
program, there would also be accumulation limits on the amount of QS or
QP that could be controlled by a person. The intent of these limits is
to prevent excessive control of quota by a participant. The MSA
specifically requires the establishment of a maximum share that each
limited access privilege holder is permitted to hold, acquire, or use.
a. Limits
In developing limits, the Council noted the tension between
allowing sufficient accumulation to improve the efficiencies of
harvesting activities and preventing levels of accumulation that could
result in adverse economic and social effects. In determining the
appropriate levels, the Council considered a wide range of factors such
as social benefits, impact on labor, impacts on processors, impacts on
harvesters, impacts on the public, the number and sizes of firms,
within-sector competition, market power, efficiency, geographic
distribution, communities, and fairness and equity.
Amendment 20 would establish limits (by species group and area) on
the amount of QS an individual can control (control limits). Control
limits would apply to individual species, species groups (and area, for
some species), expressed as a percentage of the shore-based IFQ
program's allocation. The proposed control limits are set forth in the
proposed rule in the table at Sec. 660.140(d)(4). In addition, the
proposed rule would establish a control limit for the amount of non-
whiting QS a person may control in aggregate.
To determine a person's aggregate amount of non-whiting QS, the
Council adopted a formula that would convert QS to poundage to reflect
the weighting between individual stocks. Because individual non-whiting
species' stock fluctuations would affect a QS owner's aggregate QS
holdings, the Council motion states that ``This conversion will always
be conducted using the trawl allocations applied to the 2010 OYs, until
such time as the Council recommends otherwise'' and that ``QS for each
species will be multiplied by the shoreside trawl allocation for that
species.'' However, because no shoreside trawl allocation existed in
2010 that could be applied to the 2010 OYs, it is not clear how NMFS
would calculate the aggregate non-whiting control limit. If the Council
intended to use the OYs from the initial implementation year (i.e., if
it were under the mistaken impression that 2010 was to be the
implementation year) and the 2011 OYs were used, there would be no
problem determining the aggregate non-whiting amount, as the sector
allocation could be calculated by deducting the at-sea sector set
asides for each species from the limited entry trawl sector allocation
for that species. In 2010, however, non-whiting target species did not
have at-sea set asides that could be deducted from the limited entry
trawl sector allocation to calculate a shoreside trawl allocation. NMFS
specifically requests comment on this issue to address in the final
rule.
NMFS would determine and track ownership interest in QS to
determine if individuals are within set limits, both at the initial
allocation stage and during the operation of the program. As part of
the IAD on the initial application, NMFS would indicate if the QS
Permit owner has QS in amounts that exceed the accumulation limits and
are subject to divestiture provisions set forth in Sec. 660.140(d)(4).
NMFS would determine ownership interest based on the ``Individual and
Collective Rule,'' which means that the QS that counts toward a
person's accumulation limit would include both the QS owned by that
person, and a portion of the QS owned by an entity in which that person
has an interest.
The proposed rule contains additional interpretation of the word
``control,'' which is intended to address the Council's concern that a
person could control QS by controlling QP. The proposed rule is
intended to set the boundaries around QS control limits, including QP
but excluding QP in a vessel account if subject to separate
accumulation limits. If control of QP is not subject to the QS control
limits, a person could use control over QP to control a percentage of
the harvest from the fishery in excess of that intended under the QS
control-limit percentage. In other words, if the QS control limits are
not extended to QP, there is no assurance that QS control limits would
perform their intended function. At some point, QP control amounts to
the functional equivalent of QS control. The following examples
illustrate undesirable forms of control:
Example 1. A QS holder enters into a multi-year agreement under
which another person has the right to direct how the QS holder's QP
is used. The person controlling the QP has essentially gained
control of the QS even beyond the duration of the QP issued during
the first year of the agreement.
Example 2. Vessel financing arrangements under which a lender
who is engaged in the seafood business exercises control over the
catch delivered by a fisherman-borrower are not uncommon. These
arrangements sometimes require that the fisherman deliver his catch
as the lender directs, and provide for a method of calculating
``market value'' of the catch. In other cases, the lender may hold a
right of first refusal (``ROFR'') over the catch. While the ROFR
does not in and of itself require that the fisherman deliver to the
lender, it provides the lender with the authority to decide on a
delivery-by-delivery basis whether the catch would be delivered to a
third party or the lender, and thereby effectively gives the lender
control over catch. If a single lender entered into arrangements of
this type with a number of fishermen, the lender could potentially
control a percentage of QP for the fishery in excess of the QS
control limit percentage through those arrangements, without having
asserted direct control over the fishermen's QS.
Example 3. Crew assign QP to a vessel, or fishermen transfer QP
to a vessel but do not grant control over QS. This would not count
toward QS control limits; however, it would indicate control if long
term control of disposition of the QP derived from the QS were
granted.
[[Page 33005]]
Similar regulatory language would apply a control limit to Pacific
halibut IBQ.
b. Divestiture
Amendment 20 would establish different rules for complying with the
accumulation limits depending on when the permits were transferred. For
permits transferred prior to November 8, 2008, and which exceed the
accumulation limits, the permit owner would initially receive the
entire amount of QS for which the permit qualifies. However, the permit
owner would be required to divest of the amount in excess of the limit
sometime during years 3 and 4 of the IFQ program, and, at the end of
year 4 of the IFQ program, any QS owned or controlled by a person in
excess of the accumulation limits would be revoked and redistributed to
the remainder of the QS owners in proportion to the QS holdings in year
5. No compensation would be due for any revoked shares.
For permits transferred after November 8, 2008, the permit owner
would only be able to receive QS amounts that are within the
appropriate limits. The initial issuance of QS would be reduced in
order to comply with the applicable control limits. For non-whiting
species, whether NMFS applies the aggregate non-whiting control limit
first or applies individual non-whiting species control limits first
may affect the initial QS allocation for each species. Generally,
application of the aggregate non-whiting control limit first would
result in an allocation that more closely reflects the weighting of
non-whiting species in the permit's history. NMFS highlights this issue
to seek specific comment on which approach to use.
5. QS Account/Annual Renewal
Once a person is found eligible for a QS permit, NMFS would issue
QS and register it to a QS account. At the beginning of each year and
after QS permit renewal, NMFS would assign a specific amount of QP
representing the QS percentage to the account. QS owners would be
required to transfer their QP from their QS account to a vessel account
in order for those QP to be fished.
6. Overages and Carryovers
Amendment 20 would provide flexibility by allowing a 30-day grace
period after which an overage occurred to acquire QP into the vessel
account to cover the overage. However, during this 30-day period, no
more fishing could occur and no QS transfers could take place until the
account is settled. If an overage shows on the fish ticket at the time
of landing or in the vessel account at any time after the landing, the
clock would start when any data/documentation from the trip which
caused the overage is available or the vessel account shows there is an
overage.
To the extent allowed by the conservation requirements of the MSA,
Amendment 20 would include a ``carryover allowance'' that would allow
surplus QP in a vessel account to be carried over from one year to the
next or allow a deficit in a vessel account for one year to be carried
over and covered with QP from a subsequent year. Surplus QP could not
be carried over for more than 1 year and could not exceed in 1 year the
carryover allowance as described below.
A vessel with a QP surplus at the end of the current year would be
able to use that QP in the immediately following year, up to the limit
of the carryover allowance (see below). However, if there is a decline
in the OY, the amount of QP carried over as a surplus would be reduced
in proportion to the reduction in the OY.
A vessel with a QP deficit in the current year would be able to
cover that deficit with QP from the following year without incurring a
violation if the amount of QP it needs from the following year is
within the carryover allowance and the QP are acquired within the
specified time limits.
The carryover amount for a deficit is based on the amount of QP in
the vessel account at the end of the 30-day period during which a
vessel would be required to cover its overage. The carryover amount for
a surplus is based on the amount of QP in the vessel account at the end
of the year.
The carryover allowance would be limited to up to 10 percent
carryover for each species. This would apply to both non-overfished
species and overfished species. The percentage would be calculated
based on the total pounds (used and unused) in a vessel account for the
current year. The percentage used for the carryover provision could be
changed during the biennial specifications process.
7. Catch Monitoring and Tracking (or Tracking, Monitoring and
Enforcement)
Amendment 20 would include a tracking and monitoring program to
assure that all catch (including discards) would be documented and
matched against QP. The Council specified that observers would be
required on all vessels and shoreside monitoring (catch monitors) would
be required during all offloading (100 percent coverage). Compared to
status quo monitoring, this would be a monitoring and observer coverage
level increase for a large portion of the trawl fleet, particularly
non-whiting shore-based vessels. As a result, more accurate estimates
of total mortality would be expected to benefit stock conservation
goals, as well as other goals discussed herein.
The Council recommended providing NMFS flexibility to develop a
monitoring program that would achieve the objectives of the trawl
rationalization program. NMFS is working closely with the States and
the Council to develop the details of the tracking and monitoring
program, as reported by PSMFC at the April 2010 Council meeting. The
details of the program would be proposed in the upcoming program
components rule. As reported by PSMFC, the following tracking and
monitoring components would be addressed.
Amendment 20 would require NMFS-certified at-sea observers on each
vessel. These include shore-based catcher vessels, catcher vessels in
the mothership sector, motherships, and C/Ps. Because this is a new
program, ensuring adequate observer coverage would be particularly
important for monitoring the complex suite of allocations. Observers
aboard vessels would be required to adequately account for catch and
bycatch in the fishery. Among his or her duties, the observer would
record fishing effort and estimate total, retained and discarded catch
weight by species; determine species composition of retained and
discarded catch (non-whiting vessels) and document the reasons for
discard; record interactions and sightings of protected species; and
take biological samples from tagged fish and discards, and estimate the
viability of Pacific halibut. Observers would be essential for
monitoring the use of IBQ in the fishery, including the weighing and
discarding of halibut bycatch.
An increase in observer and catch-monitoring coverage requirements
would result in increased costs over the status quo observer program
costs. There would be a combined status quo, pay-as-you-go industry
funding and agency-funded observer and catch monitor system as required
for each sector. The agency has announced its intent, subject to
available Federal funding, that participants would initially be
responsible for 10 percent of the cost of hiring observers and catch
monitors. The industry proportion of the costs of hiring observers and
catch monitors would be increased every year so that by 2014, once the
fishery has transitioned to the rationalization program, the industry
would be
[[Page 33006]]
responsible for 100 percent of the cost of hiring the observers and
catch monitors. NMFS believes that an incrementally reduced subsidy to
industry-funding would enhance the observer and catch monitor program's
stability, ensure 100 percent observer and catch monitor coverage, and
facilitate the industry's successful transition to the new rationalized
trawl fishery.
Amendment 20 would require that first receivers--the shoreside
processors--sort, weigh and report all landings of IFQ species under a
catch monitoring plan. First receivers would be required to hire NMFS-
certified catch monitors to verify all shoreside deliveries of IFQ
species, ensure that species are sorted to Federal species of species
group, ensure that the fish are weighed on state-certified scales that
are periodically tested, and record and submit catch data daily.
To ensure that the IFQ program goals are met and landings are
tracked, first receivers would be required to submit electronic fish
tickets using software provided by the PSMFC. Further, vessels would be
required to use vessel monitoring systems (VMS) for purposes of
indicating location of the vessels and to make declarations. In
addition, there are plans to develop and require an electronic vessel
logbook, but this component would not be immediately implemented.
To ensure that program goals are met to track transferrable QS and
QP, NMFS is also developing an online accounting system for the
tracking and trading of QS by owner and for the tracking, trading, and
use of the QP that results from these QS by vessels.
8. Fees
The agency would collect fees to cover the administrative costs of
issuing the QS, permit endorsements (one-time fee and annual renewal),
and first receiver site licenses (annual). Amendment 20 would allow for
assessing cost recovery fees of up to 3 percent of ex-vessel value,
consistent with section 303A(e) of the MSA. The costs to be recovered
would be the agency's costs of management, data collection, analysis,
and enforcement activities. The Council would develop the methodology
required by section 303(A)(e) in a trailing action.
9. Management (Accountability Measures)
If individual vessel overages (catch not covered by QP) make it
necessary, area restrictions, season closures, or other measures could
be used to prevent the trawl sector (in aggregate or the individual
trawl sectors listed here) from going over allocations. The IFQ fishery
may also be restricted or closed as a result of overages in other
sectors.
10. Retention and Discard Provisions
For non-whiting vessels and whiting vessels sorting at-sea,
Amendment 20 would allow discarding of IFQ species, but such discards
would have to be covered by QP. Discarding of Pacific halibut would be
required and would have to be covered by IBQ. Discarding of non-IFQ
species and non-groundfish species would be allowed.
For whiting maximized retention vessels, discarding of fish covered
by IFQ or IBQ, and discarding of nongroundfish species, would be
prohibited.
11. First Receiver/Processor Permit
Amendment 20 would require processors that are the first receivers
of IFQ species to obtain a site license in order to accept shoreside
deliveries. A license could be issued to any site that meets the
monitoring requirements.
12. Adaptive Management Program
Amendment 20 contains an AMP for the shore-based non-whiting sector
that is intended to address: Community stability; processor stability;
conservation; unintended and unforeseen consequences of IFQ management;
and facilitating new entrants. Ten percent of the shore-based non-
whiting QS would be reserved, or set aside, for the AMP. During the
first 2 years of the IFQ program, the method to be used in distributing
QP in years 3-5 would be determined, including the decision-making and
organization structure to be used in distributing the QP set aside.
The set aside of QP for the identified objectives would be reviewed
as part of the year 5 comprehensive review and a range of sunset dates
would be considered, including 10-, 15-, 20-year and no sunset date
options.
13. Data Collection
Amendment 20 would require expansion of the data collection
program. Submission of economic data by harvesters and processors would
be mandatory. Random and targeted audits could be used to validate
mandatory data submissions. Information on QS transaction prices would
be included in a central QS ownership registry.
14. Program Review
Amendment 20 provides for a review of the IFQ program to begin no
later than 5 years after implementation of the program. The review
would evaluate the progress the IFQ program has made in achieving the
goal and objectives of Amendment 20. The result of this evaluation
could include dissolution of the program, revocation of all or part of
QS, or other fundamental changes to the program. Owners of QS should
remain cognizant of this fact when making decisions regarding their QS,
including buying selling, and leasing of these shares.
Amendment 20 requires the Council to consider the use of an auction
or other non-history based methods when distributing QS that may become
available after initial allocation. This may include quota created when
a stock transitions from overfished to non-overfished status, quota not
used by the adaptive management program, quota forfeited to ``use it or
lose it'' provisions, and any quota that becomes available as a result
of the initial or subsequent reviews of the program. The specific form
of the auction or other method of distribution would be designed to
achieve the goals of Amendment 20, specifically including minimizing
the adverse effects from an IFQ program on fishing communities to the
extent practical.
After the initial review, there would be a review process every
four years. A community advisory committee would take part in the
review of IFQ program performance.
B. Mothership Coop Program
The term ``cooperative'' refers to a collective arrangement among a
like-minded group of individuals. Cooperatives, also called coops, are
entities that are controlled by the people who use them. They differ
from other business entities because they are member owned and operate
for the benefit of members. The cooperatives designed under Amendment
20 are designed to coordinate harvest among members, thus they can be
described as ``harvest cooperatives.'' Under Amendment 20, each MS
cooperative would annually be allocated an amount of catch based on the
combined catch histories of its members for that year. As designed
under Amendment 20, the harvest cooperatives for both the MS and C/P
sectors would constitute a form of allocation that facilitates catch
accounting down to individual vessel levels by allowing private
contracts and intra-coop self-monitoring.
1. Structure Overview
The Mothership Coop Program (MS Coop Program) would apply to
harvesters and processors in the MS sector of the at-sea whiting trawl
fishery. The MS Coop Program would
[[Page 33007]]
also apply both to vessels participating in a coop as well those not
participating in a coop. For those participating in coops, the program
would assign to each MS coop a designated amount of harvest privilege
representing a ``sub-allocation'' of the total MS sector allocation. MS
coop membership would consist of MS/CV-endorsed permit owners who enter
into a coop agreement that is accepted by NMFS. Participants in the MS
coop include the catcher vessels registered to the member MS/CV-
endorsed permits, LE permitted trawl vessels without an MS/CV-endorsed
permit that are working with the coop, and the motherships to which the
MS/CVs-endorsed permits are obligated. Once a coop agreement is
accepted, NMFS would issue the coop a permit, and would assign to the
coop a ``sub-allocation'' of catch that is derived from the catch
histories of the individual MS/CV-endorsed permits in the coop.
The MS Coop Program would establish new requirements for MS permits
and MS/CV permit endorsements. Similar to the shore-based IFQ program,
NMFS would be required to track ownership interest in both MS permits
and MS/CV-endorsed permits to determine if individual vessels are
within set accumulation and usage limits, as described further below.
The vessels registered to MS/CV endorsed permits in the MS sector
that do not participate in a coop would be able to fish in the non-coop
fishery. The non-coop whiting fishery would be authorized to harvest
the Pacific whiting remaining in the MS sector annual allocation after
the deduction of all coop allocations. For non-whiting, the sub-
allocation to the non-coop fishery would be in proportion to the MS/CV
Pacific whiting catch history assignments for the non-coop fishery.
Participants in the MS sector would be required to declare annually
in what capacity they would operate: Coop or non-coop. Additionally,
MS/CV-endorsed permits operating in a coop would be required to
indicate to which MS permit they would be obligated.
2. Coop Species
Pursuant to Amendment 20, hard caps would be established for the
following species: Pacific whiting, Pacific ocean perch, widow
rockfish, canary rockfish, and darkblotched rockfish. In addition,
annual MS sector set-asides would be established for lingcod, Pacific
cod, sablefish S. of 36[deg] N. lat., chilipepper S. of 40[deg]10' N.
lat., splitnose S. of 40[deg]10' N. lat., yellowtail N. of 40[deg]10'
N. lat., shortspine N. of 34[deg]27' N. lat., shortspine S. of
34[deg]27' N. lat., longspine N. of 34[deg]27' N. lat., minor slope
rockfish N. of 40[deg]10' N. lat., minor slope rockfish S. of
40[deg]10' N. lat., Dover sole, English sole, petrale sole, arrowtooth
flounder, starry flounder, and Other Flatfish. Groundfish species with
MS sector set-asides would be managed on an annual basis unless there
is a risk of a harvest specification being exceeded, unforeseen impact
on another fisheries, or conservation concerns in which case inseason
action may be taken. Set-asides may be adjusted through the biennial
specifications and management measures process as necessary.
The MS Coop Program would not establish allocations or set-asides
for infrequently occurring species, such as shortbelly rockfish,
longspine thornyhead S. of 34[deg]27' N. lat., black rockfish (WOC),
minor rockfish north nearshore species complex, minor rockfish south
nearshore species complex, CA scorpionfish, cabezon (CA only), kelp
greenling, and Other Fish. Many of these occur primarily in nearshore
areas where trawl gear does not operate and are mostly managed by the
states. There is no market for shortbelly, and its OY is large compared
to the amount of incidental catch. Other rockfish and other fish are
not caught in large volumes and catch of these species would be
constrained by limits on other species. Like set-asides, these species
would be managed on an annual basis unless there is a risk of a harvest
specification being exceeded, unforeseen impact on another fisheries,
or conservation concerns (in which case inseason action may be taken).
Annually, a specified amount of the Pacific halibut would be held in
reserve as a set-aside for the Pacific whiting MS sector.
3. Who/How To Participate
The MS Coop Program would issue MS permits and MS/CV endorsements
for LE permits to qualified applicants and would establish new
requirements for participation.
a. Permit and Endorsement Requirements
Under the MS coop program, vessels participating as motherships
would be required to be registered to MS permits. Catcher vessels
fishing for a MS coop would need to be registered to a MS/CV-endorsed
permit, or be registered to a LE trawl endorsed permit without an MS/CV
endorsement with permission of the coop, as described below. Catcher
vessels in the non-coop fishery would be required to be registered to a
MS/CV-endorsed permit.
i. MS Permit Initial Issuance
The proposed program would close the MS sector by creating a LE
program and requiring registration of the vessel to a new type of LE
permit, an MS permit. The restriction preventing mothership vessels
from operating as catcher vessels or C/Ps during a year in which they
operate as motherships would be maintained. The owners of qualifying
motherships would be issued MS permits. The following requirements
govern the process for obtaining an MS permit.
(A) Eligibility
Generally, an owner of a vessel that processed whiting in the MS
sector in the qualifying years would be eligible to apply for a MS
permit. However, there would be an exception to address a vessel that
was a bareboat charter during the qualifying period.
(B) Qualifying Criteria
In order for an owner of a mothership to qualify for a MS permit,
the mothership would be required to have processed at least 1,000 mt of
whiting in each of 2 years during the qualifying years of 1997-2003.
The Council intended these criteria to recognize those participants
that have substantially participated as a mothership in the Pacific
whiting fishery. Using the years 1997 to 2003 is intended to reflect
the time period between the date the C/P sector and the MS sector were
separated from a general at-sea sector in regulation (1997) and to be
consistent with the control date (2003).
(C) Application and Correction
NMFS would make a preliminary determination of whether a mothership
meets the qualifying criteria using Pacific Whiting Observer data as
extracted from the NORPAC database on July 1, 2010. If a mothership
meets the qualifying criteria for an MS permit, NMFS would mail to the
owner of the vessel an application pre-filled with qualifying
information at the address of record as currently given in NMFS permit
database. Pre-filled applications would be required to be completed and
returned to NMFS by the application deadline date.
Owners of vessels that do not receive a prequalified application
from NMFS, and believe they are qualified for a MS Permit, would be
required to complete an application package (available from NMFS) and
submit the completed application to NMFS by the deadline date. If an
applicant fails to complete and return an application by the deadline
date, the person forgoes the
[[Page 33008]]
opportunity to receive consideration for initial issuance of a MS
permit.
If an applicant does not agree with the basis for NMFS'
determination, the applicant would be required to submit, by the
application deadline, a written statement identifying the incorrect
information and providing credible documentation to support a
correction, as set forth in the proposed rule at Sec. 660.150(f)(6).
Corrections may only be submitted for errors in NMFS' extraction,
aggregation, or expansion of the dataset that was extracted from NORPAC
by NMFS on July 1, 2010. Corrections may be submitted for errors in
NMFS extraction of data from NORPAC, errors in NMFS calculation, and
errors in the vessel registration as listed in NMFS permit database or
in the identification of the mothership owner or bareboat charterer.
The current vessel owner would be required to then submit a
completed application by the deadline date (60 days after date of
publication of the final rule in the Federal Register). A complete
application would be required to be signed and notarized, and must
include all of the information required by NMFS which includes, but is
not limited to, the factors specified at Sec. 660.150(f)(6),
including: Certification that the applicant qualifies to own a MS
permit and indication of whether they agree or disagree with NMFS'
determination on initial issuance of the MS permit provided in the
application; a complete Trawl Identification of Ownership Interest
Form; business entities may be required to submit a corporate
resolution or any other credible documentation as proof that the
representative of the entity is authorized to act on behalf of the
entity; a bareboat charterer would be required to provide credible
evidence that demonstrates it was chartering the MS vessel under a
private contract during the qualifying years. NMFS may request
additional information of the applicant as necessary to make an IAD.
(D) IAD and Appeals
NMFS would issue an IAD for all complete, certified applications
received by the application deadline date. If NMFS approves an
application, the applicant would receive a MS permit. If NMFS
disapproves an applicant's request to correct the application, the IAD
would provide the reasons NMFS did not accept the corrections. If the
applicant does not appeal the IAD within 30 calendar days of the date
on the IAD, the IAD becomes the final decision of the Regional
Administrator acting on behalf of the Secretary of Commerce.
An applicant who disagrees with NMFS' determination on the
application would be required to appeal within 30 days or the IAD would
become final. The proposed rule's appeals procedures at Sec. 660.25(g)
would apply to this section as well as additional specific requirements
at Sec. 660.25(f)(6), which limit the scope of appeals to the issues
that can be corrected and further specify that some issues are not
subject to appeal, including but not limited to: The accuracy of data
in the dataset extracted from NORPAC by NMFS on July 1, 2010.
ii. MS/CV Endorsement, Initial Issuance, Catch History Assignment
(CHA), and Appeals
In order to fish in the MS sector, a catcher vessel would be
required to be either registered to a MS/CV-endorsed LE permit or
registered to a trawl-endorsed LE permit without a MS/CV or C/P
endorsement. Vessels registered to a MS/CV-endorsed LE permit would be
able to elect to fish in either the coop or non-coop sector. Vessels
registered to a trawl-endorsed LE permit without MS/CV-endorsed LE
permits would only be able to fish in the coop sector under a specific
coop agreement with permission of the coop. Vessels registered to a C/
P-endorsed LE permit could not fish in the MS sector. Vessels fishing
as catcher vessels in the MS sector could not function as motherships
or C/Ps during the same calendar year.
(A) Eligible Applicant
Only an owner of a current trawl endorsed LE permit with a history
of whiting deliveries in the MS whiting sector is eligible to receive a
MS/CV endorsement. Any past catch history associated with a current
trawl permit would accrue to the current permit owner. If a trawl
limited entry permit is eligible to receive both a C/P endorsement and
a MS/CV endorsement, the permit owner would be required to choose which
endorsement to apply for (i.e., the owner of such a permit may not
receive both a C/P and MS/CV endorsement).
(B) Endorsement Qualifying Criteria
In order to qualify for a MS/CV endorsement, vessels registered to
a trawl-endorsed LE permit would be required to have caught and
delivered more than 500 mt of whiting to motherships from 1994 through
2003. Deliveries of whiting by vessels registered to permits that were
subsequently combined to generate the current permit would count toward
qualifying tonnage unless the permit owner also applies for a C/P
permit. These criteria were selected to demonstrate substantial
participation and to include the years between the establishment of the
LE period and the control date. While the at-sea sectors were separated
in 1997, this would not necessarily have affected catcher vessels.
(C) Catch History Assignment Qualifying Criteria
The catch history assignment (CHA) calculation for the MS/CV-
endorsed permit would be based on the whiting relative history of
vessels registered to the permit in each year from 1994 through 2003,
dropping the two worst years (lowest relative history) unless otherwise
indicated by the applicant.
The proposed rule sets forth the specific approach NMFS would use
to calculate the CHA at Sec. 660.150(g)(6). Based on Pacific whiting
observer data that reside in NORPAC on July 1, 2010, NMFS would
calculate the CHA as a percentage of Pacific whiting of the total MS
sector allocation for each year. The catch history would be used to
assign both whiting and bycatch species allocations to a coop and the
non-coop fishery. The catch history would include any deliveries of
whiting by vessels registered to a permit that were combined to
generate the current permit. Illegal landings would not count towards
catch history; nor would landings history from Federal LE groundfish
permits that were revoked or retired either through the Federal buyback
program. Landings history associated with provisional ``A'' permits
that did not result in an ``A'' permit and that associated with ``B''
permits would also not count towards catch history; these permits no
longer exist.
(D) Application and Correction
The proposed rule sets forth the process for applications and
corrections at Sec. 660.150(g)(6). NMFS would mail a prequalified
application form to current trawl permit owners where NMFS finds their
LE permits to have a catch history that meets the qualifying criteria.
This application would be mailed to current permit owner's address of
record in the NMFS permit data base. Prequalified applications would be
partially pre-filled by NMFS and would be required to be completed by
the applicant and returned to NMFS by the application deadline date.
If a current trawl LE permit owner does not receive a prequalified
application from NMFS and the permit owner believes the permit's catch
history qualifies for a MS/CV endorsement and associated CHA, the
[[Page 33009]]
permit owner would be required to complete an application package
(available from NMFS) and submit the application package to NMFS by the
application deadline. If the permit owner fails to submit an
application to NMFS by the deadline date, the person forgoes the
opportunity to receive consideration for initial issuance of a MS/CV
endorsement and associated CHA.
If an applicant does not accept NMFS' calculation in the
prequalified application, the applicant would be required to identify
in writing to NMFS which parts of the application the applicant
contends to be inaccurate, and provide credible information to
substantiate any request for correction by the application deadline
date. Requests for corrections, as specified in Sec. 660.150(g)(6),
may only be granted for changes to the selection of eight years with
the highest relative history of whiting and errors in NMFS' extraction,
aggregation, or expansion of data, including errors in NMFS extraction
of data from NORPAC; errors in NMFS calculation; and errors in the
identification of the permit owner, permit combinations, or vessel
registration as listed in NMFS permit database. Requests for
corrections would be required to be submitted no later than the
application deadline date. NMFS would review a correction provided by
the applicant and either accept or not accept the correction. If a
correction is accepted by NMFS, the CHA would be revised. If the
applicant fails to provide the request for correction or documentation
supporting the correction by the deadline date, NMFS would make its IAD
based on the catch history data provided in the prequalified
application.
An applicant would be required to sign and notarize the completed
application and return it to NMFS by the application deadline date (60
days after date of publication of the final rule in the Federal
Register). A completed application would be required to contain the
items listed in Sec. 660.150(g)(6), which include, but are not limited
to: Certification that the applicant qualifies to own a MS/CV-endorsed
permit and indication as to whether they agree or disagree with NMFS'
determination on initial issuance of the MS/CV-endorsed permit and CHA
provided in the application; and a complete Trawl Identification of
Ownership Interest Form. Business entities may be required to submit a
corporate resolution or any other credible documentation as proof that
the representative of the entity is authorized to act on behalf of the
entity. NMFS could request additional information of the applicant as
necessary to make an IAD.
(E) IAD
NMFS would issue an IAD for all complete, certified applications
received by the application deadline date. If NMFS approves the
application, the applicant would receive a MS/CV endorsement and
associated Pacific whiting CHA on their LE trawl-endorsed permit. If
NMFS disapproves an applicant's request to correct the application, the
IAD would provide the reasons NMFS did not accept the corrections. If
known at the time of the IAD, NMFS would indicate if the MS/CV-endorsed
permit owner has ownership interest in CHAs that exceed the
accumulation limits and are subject to divestiture provisions given at
Sec. 660.150(g)(3). If the applicant does not appeal the IAD within 30
calendar days of the date on the IAD, the IAD becomes the final
decision of the Regional Administrator acting on behalf of the
Secretary of Commerce.
(F) Appeals
An applicant who disagrees with NMFS' determination on the
application would be required to appeal within 30 days or the IAD would
become final. The proposed rule sets forth procedures and timelines for
making appeals at Sec. 660.25(g). Only the applicant may appeal the
IAD. The appeal would be required to be in writing and allege credible
facts to show why the criteria have been met. In addition, Sec.
660.150(g)(6) of the proposed rule specifies that certain issues may
not be appealed, including but not limited to the accuracy of data in
the dataset extracted from NORPAC by NMFS on July 1, 2010.
The proposed rule would address the status of permits pending
appeal as follows. For the MS/CV endorsement qualifications and
eligibility appeals, any endorsement under appeal after December 31,
2010, may not fish in the Pacific Coast groundfish fishery until a
final decision on the appeal has been made. If the MS/CV endorsement
would be issued, the endorsement would be effective upon approval. For
a Pacific whiting CHA associated with a MS/CV endorsement under appeal,
the CHA would remain as that previously assigned to the associated MS/
CV-endorsed LE permit before the appeals process (i.e. at the time of
the IAD). The MS/CV-endorsed LE permit may be used to fish in the
Pacific Coast groundfish fishery with the catch history assigned to the
MS/CV-endorsed permit before the appeal. Once a final decision on the
appeal has been made and if a revised CHA would be issued, the Pacific
whiting CHA associated with the MS/CV endorsement would be effective at
the start of the second year after the trawl rationalization program is
implemented.
(G) Permit Transfer During Application Period
There would be a prohibition on transferring ownership of LE trawl
permits during the application process until the final decision for
that application has been made.
iii. MS Coop Permit
In order for NMFS to assign a sub-allocation to an MS coop, the
coop would be required to obtain a coop permit each year. A coop permit
would not be renewable and would need to be reissued annually. The
application would be required to be submitted between February 1 and
March 31 each year, which is before the start of the whiting season.
While formation of a coop would be voluntary, certain rules would
apply: The coop would be required to be a legal entity with a
designated manager, it would be required to include at least 20 percent
of the MS/CV-endorsed LE permit owners as members, and it would be
required to represent all of its members. Coops would have to be
responsible for monitoring and enforcing the terms of the coop
agreement on their members. The MS Coop Program would allow for inter-
coop agreements as well. Additional requirements pertaining to contents
of coop agreements, inter-coop agreements, and the application process
for a coop permit would be set forth in the program components rule.
b. CHAs Allocation to the MS Coop
CHAs would initially be allocated to the LE permits associated with
individual whiting catcher vessels in the MS fishery that also qualify
for an MS/CV endorsement, and would be non-severable from the LE
permit. The CHA allocated to the LE permit would reflect that permit's
contribution to the total amount of fish its MS coop can harvest.
Under the proposed program, NMFS would calculate the CHA for each
individual MS/CV-endorsed LE permit as follows. First, NMFS would
determine the total catch of whiting associated with each such permit
for the years 1994-2003. Next, NMFS would calculate the permit's
``relative'' pounds for each year by dividing the total catch of
whiting by vessels registered to that permit by the total catch of
whiting by all qualified permits. Unless otherwise
[[Page 33010]]
specified by the permit owner, the 8 years with the highest relative
history would be used. NMFS would then calculate the permit's CHA as a
percentage of the total relative histories of all eligible permits
combined. NMFS would permanently assign a CHA to the MS/CV-endorsed LE
permit, and the CHA would not be severable from its underlying permit.
c. Transfer Provisions
An MS permit would be transferable, and could be transferred to a
vessel of any size (there would be no size endorsements associated with
the permit). MS permits could not be transferred to a vessel engaged in
the harvest of whiting in the year of the transfer. MS permits could be
transferred two times during the fishing year provided that the second
transfer is back to the original mothership (i.e., only one transfer
per year to a different mothership). However, in order to acquire an MS
permit, a person would have to be a U.S. citizen, permanent resident
alien, or a corporation, partnership or other entity established under
the laws of the United States or any State.
MS/CV endorsements would not be severable from the LE permit. The
CHA associated with the MS/CV endorsement could not be subdivided. MS/
CV endorsed LE permits could be transferred two times during the
fishing year, provided that the second transfer would be back to the
original catcher vessel (i.e., only one transfer per year to a
different catcher vessel).
The annual allocations received by a coop based on catch history of
the whiting endorsements held by its members could be transferred among
coop members and, through the inter-coop agreement, from one coop to
another so long as obligations to processors are met. Whiting
allocations may not be transferred from the MS sector to another
sector. However, non-whiting groundfish species with MS allocations may
be reapportioned between the MS and C/P sectors subject to the
provisions at Sec. 660.150(d).
4. Accumulation and Use Limits
a. MS/CV-Endorsed Permit Ownership Limits
An MS/CV-endorsed permit owner would not be allowed to accumulate
more than 20 percent of the sector's whiting allocation. NMFS would
require submission of an ownership information form to track this
requirement. In addition to the ownership limit, the program would
restrict catcher vessel usage to no more than 30 percent of the MS
sector whiting allocation. Ownership interest would be tracked pursuant
to the ``individual and collective'' rule, which means that the whiting
CHA that counts toward a person's accumulation limit would include both
the CHA owned by the person, and a portion of the CHA owned by an
entity in which that person has an interest.
NMFS would notify entities found to exceed these limits so that
they could come into compliance prior to issuance of the permit.
b. MS Usage Limits
Owners of MS permits would be prohibited from processing more than
45 percent of the MS sector whiting allocation. To monitor this
requirement, NMFS would require annual renewal of the MS permit along
with annual submission of an ownership interest form. Details regarding
the MS permit usage limits would be set forth in the program components
rule.
5. Annual Renewal and MS Obligations
Participants in the MS sector would be required to declare annually
(between September 1 and December 31 of the year before the whiting
season) through the LE permit renewal process in what capacity they
would operate: Coop or non-coop. Additionally, catcher vessels
operating in a coop would be required to indicate which mothership they
would be associated with, and which mothership it intends to obligate
its catch to for the following year.
If a mothership transfers its MS permit to a different mothership
or different owner, the MS/CV-endorsed permit obligation for that year
would remain in place and transfer with the MS permit to the
replacement mothership unless the obligation is changed by mutual
agreement. The obligation would not extend beyond the fishing year.
If a MS/CV-endorsed permit owner transfers coop allocations to
another coop member within the coop, or if a coop transfers allocations
to another coop within an inter-coop agreement, such allocations would
have to be delivered to the mothership to which the allocation is
obligated through the preseason declaration, unless released by mutual
agreement. By mutual agreement of the MS/CV-endorsed permit owner and
mothership to which the permit is obligated, a permit would be allowed
to deliver to a licensed mothership other than that to which it is
obligated.
If a mothership withdraws subsequent to quota assignment, then the
MS/CV-endorsed permit that it is obligated to would be free to
participate in the coop or non-coop fishery. The MS permit owner would
be required to notify NMFS as well as linked MS/CV-endorsed permit
owners of its withdrawal, and MS/CV-endorsed permit owners would be
required to notify NMFS of their intent to participate in the coop or
non-coop fishery thereafter. If continuing in a coop fishery, then the
MS/CV-endorsed permit owner would be required to provide NMFS with the
name of the new mothership to which it would be obligated for that
season.
6. Closures and Reapportionment
Coops would provide for more direct accountability from coop
participants. NMFS would be able to close the coop fishery (all MS
coops combined), non-coop fishery, or entire MS sector upon the
attainment, or projection of attainment, of its sub-allocation of any
groundfish species with a formal allocation to the MS sector. The
program would allow NMFS to close or restrict the MS Coop Program
fisheries through management measures such as the inseason
implementation of bycatch reduction areas. The MS Coop Program may be
restricted or closed as a result of projected overages within the MS
Coop Program, the C/P Coop Program, or the Shorebased IFQ Program. As
determined necessary by the Regional Administrator, area restrictions,
season closures, or other measures would be used to prevent the trawl
sectors in aggregate or the individual sector (Shorebased IFQ, MS Coop,
or C/P Coop) from exceeding an OY, or allocation. The program would
also allow for the reallocation of non-whiting between MS and C/P
sectors, as well as redistribution of a sub-allocation within a sector.
7. Monitoring and Observer Requirements
Amendment 20 would continue the current observer coverage aboard
motherships. Catcher vessels would be required to carry a single
observer whenever they are participating in the fishery. To ensure
accurate catch weights, motherships would be required to make sure that
all catch is weighed in its round form on a NMFS-approved scale. Scales
meeting the NMFS-approval and the use of such scales, including testing
and maintenance, would be specified. NMFS is working with the PSMFC to
develop additional details regarding this provision. It is anticipated
that observers would record fishing effort and estimate total, retained
and discard catch weight by species; determine species composition of
[[Page 33011]]
retained and discarded catch (non-whiting vessels) and document the
reasons for discard; record interactions and sightings of protected
species; and take biological samples from tagged fish and discards, and
estimate viability of Pacific halibut.
The agency has announced its intent, subject to available Federal
funding, that participants would initially be responsible for 10
percent of the cost of hiring observers. The industry proportion of the
costs of hiring observers would be increased every year so that by
2014, once the fishery has transitioned to the rationalization program,
the industry would be responsible for 100 percent of the cost of hiring
the observers.
8. Fees
The agency would collect fees to cover the administrative costs of
issuing permits (one-time fee and annual renewal). In addition,
Amendment 20 would allow for assessing cost recovery fees of up to 3
percent of ex-vessel value, consistent with section 303A(e) of the MSA.
The costs to be recovered would be the agency's costs of management,
data collection, analysis, and enforcement activities. The Council
would develop the methodology required by section 303(A)(e) in a
trailing action.
9. Retention Requirements
Catcher vessels would be prohibited from sorting or discarding any
portion of the catch taken before the observer on the catcher vessel
completes sampling of the catch, with the exception of minor amounts of
catch that are lost when the codend is separated from the net and
prepared for transfer. This is different from current regulations where
catcher vessels are prohibited from discarding catch other than minor
operational amounts.
10. Data Collection
Amendment 20 includes a comprehensive plan for collection of
economic data as part of the coop program. While the upcoming program
components rule would provide details on these provisions, the
following are the central elements:
Mandatory submission of economic data for LE trawl
industry (harvesters and processors).
Voluntary submission of economic data for other sectors of
the fishing industry.
Include transaction value information in a centralized
registry of ownership.
Formal monitoring of government costs.
The mandatory data collection would focus on cost, revenue,
ownership, and employment data. Data would be collected on a periodic
basis (based on scientific requirements) to provide the information
necessary to study the impacts of the program, including achievement of
goals and objectives associated with the rationalization program. These
data may also be used to analyze the economic and social impacts of
future FMP amendments on industry, regions, and localities.
The program would address the type of enforcement actions that
could be taken if inaccuracies are found in mandatory data submissions.
The intent of this provision is to ensure that accurate data are
collected without being overly burdensome to the industry in the event
of unintended errors. Annual reports would be provided to NMFS and the
Council.
A voluntary data collection program would collect information to
assess spillover impacts on non-trawl fisheries. There would be a
central registry for maintaining information on transaction prices.
Data would also be collected and maintained on the costs to the
government of monitoring, administration, and enforcement related to
governance of the rationalization program.
11. Reporting
Each permitted MS coop would be required to submit a complete
annual coop report to NMFS before the issuance of a new coop permit in
a subsequent year. The contents of a complete annual report would be
specified in regulation by NMFS through the program components rule.
12. Bycatch Allocation and Management
Amendment 20 provides for management of bycatch species with hard
caps in both at-sea whiting fisheries (MS and C/P) as follows.
Allocations of bycatch species with hard caps would be subdivided
between the MS and C/P sectors. The MS subdivision would then be
further subdivided between the coop and non-coop sectors. The MS coop
sector subdivision would then be distributed among the individual
coops.
Unused bycatch could be rolled over (i.e., reapportioned) from one
sector to another if the sector's full allocation of whiting has been
harvested or participants in the sector do not intend to harvest the
remaining sector allocation, as indicated by the submission of a cease
fishing report.
NMFS could choose to close the whole MS sector, the non-coop
fishery, and permitted coops based on the projected attainment of the
at-sea whiting fishery bycatch cap for any one species. Each permitted
MS coop would be responsible for monitoring its catch and to cease
fishing when its bycatch allocation is reached.
C. Catcher/Processor (C/P) Coop Program
1. Structure Overview
The C/P Coop Program would be a limited-access program that applies
to participants in the C/P sector of the Pacific whiting at-sea trawl
fishery. It would allow for the establishment of a single voluntary
coop consisting of owners of C/P-endorsed LE permits and vessels
registered to those permits. NMFS would annually permit the coop. The
entire C/P sector allocations of whiting and non-whiting groundfish
with formal allocations would be allocated to the permitted C/P sector
coop. For the issuance of a C/P coop permit, a coop agreement would
need to be accepted by NMFS. The coop would be expected to help achieve
benefits that result from a slower-paced, more controlled harvest. If
the coop fails, NMFS would implement an IFQ system that would equally
divide the whiting QS for the C/P sector among all C/P-endorsed
permits.
2. Coop Species
Pursuant to Amendment 20, hard caps would be established for the
following species: Pacific whiting, canary rockfish, darkblotched
rockfish, Pacific ocean perch, and widow rockfish.
3. How To Participate
a. The C/P-Endorsed Permit Requirement
All vessels participating in the C/P coop fishery would be required
to be registered to a LE permit with a C/P endorsement. The C/P
endorsement would not be severable from the LE permit and would have to
be renewed each year with a declaration of the participant's intent to
participate in the C/P coop fishery. Only parties who are eligible to
own a U.S.-documented vessel may own a C/P-endorsed LE permit.
A C/P permit that is combined with a LE trawl permit that is not C/
P endorsed would result in a single C/P permit with a larger size
endorsement. An MS/CV endorsement on one of the permits being combined
would not be reissued on the resulting permit. The resulting size
endorsement would be determined based on the existing permit
combination formula.
Length endorsement restrictions on LE permits endorsed for
groundfish gear
[[Page 33012]]
would be retained; however, the provision that requires that the size
endorsements on trawl permits transferred to smaller vessels be reduced
to the size of that smaller vessel would be eliminated (i.e., length
endorsements would not change when a trawl-endorsed permit is
transferred to a smaller vessel).
i. Eligible To Apply
Only an owner of a current trawl-endorsed LE permit that has been
registered to a vessel that has participated in the C/P fishery during
the qualifying period would be eligible to receive a C/P endorsement.
Any past catch history associated with the current limited entry trawl
permit accrues to the current permit owner. NMFS would not recognize
any other person as the limited entry permit owner other than the
person listed as the limited entry permit owner in the NMFS permit
database.
ii. Qualifying Criteria
In order to qualify for the endorsement, vessels registered to the
permit would be required to have caught and/or processed any amount of
whiting during a primary C/P season during the period January 1, 1997,
through December 31, 2003. This criterion recognizes participants who
purchased LE permits and have historically participated as a C/P sector
of the Pacific whiting fishery. Using the years 1997 to 2003 reflects
the time period after the separation of the at-sea sector into the C/P
and MS sectors and is consistent with the control date for this action
(2003).
NMFS would rely on Pacific whiting observer data residing in the
NORPAC database and NMFS trawl LE permit data as extracted by NMFS on
July 1, 2010, to determine whether a permit meets the qualifying
criteria. A permit's catch and/or processing history would include only
the C/P history of whiting for those vessels registered to that
particular permit during the qualifying years. Only whiting regulated
by this subpart that was taken with midwater (or pelagic) trawl gear
would count for the C/P endorsement. History of illegal landings would
not count; nor would landings history from Federal LE groundfish
permits that were revoked, retired through the Federal buyback program
or otherwise discontinued, including B permits. NMFS recognizes that
some permits combined to meet the size endorsements for C/Ps may have
catch history as catcher vessels in the MS sector. Because a current
permit may not qualify for both catch history under a MS/CV and a C/P
endorsement, the proposed rule provides that the current permit owner
may only apply for one and not both.
iii. Application and Correction
NMFS would mail a prequalified application to the owner of a vessel
that NMFS preliminarily determines qualifies for a C/P endorsement.
NMFS would mail the application to the current address of record in the
NMFS permit database. The application would contain the basis of NMFS'
determination based on Pacific whiting observer data recorded in the
data set that was extracted from NORPAC by NMFS on July 1, 2010.
Prequalified applications would be partially pre-filled by NMFS and
would be required to be completed by the applicant and returned to NMFS
by the application deadline date.
If a current owner of a LE trawl-endorsed permit does not receive a
prequalified application and the permit owner believes the permit's
catch history qualifies for a C/P endorsement, the permit owner would
be required to complete an application package (available from NMFS)
and submit the application package to NMFS by the application deadline
date. The applicant would be required to provide credible documentation
to substantiate their claim as described in the proposed rule at Sec.
660.160(d)(7). If the permit owner fails to contact NMFS in writing by
the application deadline date, the person forgoes the opportunity to
receive consideration for a C/P endorsement.
If the applicant does not accept NMFS' calculation in the
prequalified application, the applicant would be required to identify
in writing to NMFS which parts of the application the applicant
contends to be in accurate, and provide credible information to
substantiate any request for correction by the application deadline
date, as described in the proposed rule at Sec. 660.160(d)(7).
Requests for corrections may only be granted for errors in NMFS'
extraction, aggregation, or expansion of data, including errors in NMFS
extraction of data from NORPAC, errors in NMFS' calculation, and errors
in identification of the permit owner, permit combinations, or vessel
registration as listed in NMFS permit database.
The applicant would be required to submit a completed application,
which has been signed and notarized by the application deadline date
(60 days after date of publication of the final rule in the Federal
Register). To be complete, an application would be required to include
certification that the applicant qualifies to own a C/P-endorsed permit
and indication as to whether the applicant agrees or disagrees with
NMFS' determination on initial issuance of the C/P endorsed permit
provided in the application. Business entities may be required to
submit a corporate resolution or any other credible documentation as
proof that the representative of the entity is authorized to act on
behalf of the entity. NMFS may request additional information of the
applicant as necessary to make an IAD.
iv. IAD and Appeal
NMFS would issue an IAD for all complete, certified applications
received by the application deadline date. If NMFS approves the
application, the applicant would receive a C/P-endorsed LE permit. If
NMFS disapproves an applicant's request to correct the application, the
IAD would provide the reasons NMFS did not accept the corrections. If
the applicant does not appeal the IAD within 30 calendar days of the
date on the IAD, the IAD becomes the final decision of the Regional
Administrator acting on behalf of the Secretary of Commerce.
For a C/P-endorsed permit issued under this section, the appeals
process and timelines are specified at Sec. 660.25(g). For the initial
issuance of a C/P-endorsed permit, the basis for appeal is described in
Sec. 660.160(d)(7). Items not subject to appeal include, but are not
limited to, the accuracy of data in the dataset extracted from NORPAC
by NMFS on July 1, 2010.
v. Permit Transfer During Application Period
During the application process for initial issuance of a C/P
endorsement, a LE trawl permit owner would not be able to transfer
ownership of the LE trawl permit until the final decision for that
application has been made.
vi. Renewals and Declarations
A C/P endorsed LE permit would be required to be renewed annually
during the existing LE permit renewal process. A C/P vessel would be
prohibited from acting as a mothership or catcher vessel in the MS
sector during the same year in which it operates as a C/P. A vessel
would have to declare, at the beginning of each year, in which capacity
it would operate.
b. C/P Coop Permit
In order for the C/P coop to receive the C/P sector allocation, the
coop would be required to apply for and obtain a permit each year. A C/
P coop permit would not be renewable and would need to be reissued
annually. Between February 1 and March 31,
[[Page 33013]]
before the whiting season, the coop would be required to apply for a
coop permit, which would include submitting a coop agreement to NMFS.
While formation of a coop would be voluntary, coops would have to be
responsible for monitoring and enforcing the terms of the coop
agreement on their members. Additional requirements pertaining to the
contents of coop agreements and the application process for a coop
permit would be set forth in the program components rule.
c. Transfers
C/P permits may be transferred two times during the fishing year,
provided that the second transfer would be back to the original vessel
(i.e., only one transfer per year to a different vessel).
4. Coop Failure/IFQ
If the coop system fails, it would be replaced by an IFQ program
and the initial issuance of IFQ would be allocated equally among the
permits (equally divided among all C/P-endorsed permits).
5. Accumulation Limits
There would be no accumulation limits for the C/P coop since there
would be only one coop. Within the coop, accumulation limits could be
addressed through private arrangements if desired.
6. Annual Report
The C/P coop would be required to submit an annual report to NMFS
and to the Council at its November meeting. The report would contain
information about the current year's C/P fishery, including the C/P
sector's annual allocation of Pacific whiting; the C/P coop's actual
retained and discarded catch of Pacific whiting, salmon, rockfish,
groundfish, and other species on a vessel-by-vessel basis; a
description of the method used by the C/P coop to monitor performance
of coop vessels that participated in the C/P sector of the fishery; and
a description of any actions taken by the C/P coop in response to any
vessels that exceed their allowed catch and bycatch. The report would
also identify plans for the next year's C/P fishery, including the
companies participating in the coop, the harvest agreement, and catch
monitoring and reporting requirements.
7. Catch Management
Under Amendment 20, unused catch of non-whiting groundfish species
with formal allocations could be rolled over (i.e. reapportioned) from
one sector to another if the sector's full allocation of whiting has
been harvested or if participants in the sector do not intend to
harvest the remaining sector allocation of whiting, as indicated by the
submission of a cease fishing report. The C/P coop would be responsible
for monitoring its catch of all species with formal allocations and to
cease fishing when any formal allocation is reached.
The C/P Coop Program may be restricted or closed as a result of
projected overages within the C/P Coop Program, the MS Coop Program, or
the Shore-based IFQ Program. As determined necessary by the Regional
Administrator, area restrictions, season closures, or other measures
would be used to prevent the trawl sectors in aggregate or the
individual sector (Shore-based IFQ, MS Coop, or C/P Coop) from
exceeding an OY, or formal allocation. To prevent the attainment of an
overfished species allocation, NMFS could implement bycatch reduction
areas inseason. These provisions would be implemented through the
program components rule.
8. Monitoring and Observer Requirements
Amendment 20 would require 100 percent observer coverage.
Additional details regarding monitoring provisions would be set forth
in the upcoming program components rule.
9. Data Collection
Amendment 20 includes a mandatory provision for collection of
economic data as part of the coop program, consistent with the MSA.
While the upcoming program components rule would provide details on
these provisions, the following are the central elements:
Mandatory submission of economic data for LE trawl
industry (harvesters and processors).
Voluntary submission of economic data for other sectors of
the fishing industry.
The mandatory data collection would focus on cost, revenue,
ownership, and employment data. Data would be collected on a periodic
basis (based on scientific requirements) to provide the information
necessary to study the impacts of the program, including achievement of
goals and objectives associated with the rationalization program. These
data may also be used to analyze the economic and social impacts of
future FMP amendments on industry, regions, and localities.
The program would address the type of enforcement actions that
could be taken if inaccuracies are found in mandatory data submissions.
The intent of this provision is to ensure that accurate data are
collected without being overly burdensome to the industry in the event
of unintended errors. Annual reports would be provided to the Council.
A voluntary data collection program would collect information to
assess spillover impacts on non-trawl fisheries.
10. Reporting
The permitted C/P coop would be required to submit a complete
annual coop report before the issuance of a new coop permit in a
subsequent year. Amendment 20 outlines the requirement for an annual
report. The contents of a complete annual report would be specified in
regulation through the program components rule.
The Council gave NMFS the flexibility to further develop the
tracking and monitoring components of the trawl rationalization
program.
III. Amendment 21 Allocations Description
A. Overview
For species subject to trawl rationalization, Amendment 21 would
modify the manner in which the annual OYs are distributed. Under the
current allocation strategy established in Amendment 6, a commercial HG
is divided between LE and OA, as necessary. For groundfish species
covered under Amendment 21, the LE fixed gear fishery would no longer
share an allocation with the LE trawl fishery. The recreational,
directed OA, and the limited entry fixed gear fisheries would share an
allocation. The OY would be reduced by the tribal fishery, incidental
catch in the non-groundfish fishery, research catch, and the bycatch
limits in exempted fishing permits, which would result in the fishery
harvest guideline. The fishery harvest guideline would be divided
between the trawl fishery and non-trawl fisheries (recreational,
limited entry fixed gear, and directed open access) based on the
percentages in Amendment 21. The distribution of harvest among the non-
trawl fisheries would be established during the biennial specifications
process. This proposed rule sets forth the specific percentages of the
fishery HG for Amendment 21 species that would be allocated to the
trawl and non-trawl fisheries.
In order to implement the recommended IFQ and coop programs, it
would be necessary for each of these trawl sectors to have a specific
allocation of catch that could be divided among participants. While
this could be accomplished through the specification process under the
status quo, the Council determined that a fixed
[[Page 33014]]
allocation within the FMP would be preferable because it would promote
predictability and the type of stability that facilitates successful
relationships that make individual-based programs work. Thus, the
Council recommended the allocations contained in Amendment 21. In
addition, Amendment 21 would establish total catch limits (TCLs) for
Pacific halibut, as well as set-asides to accommodate the rationalized
trawl fleet. The TCLs would protect the directed fishery for halibut.
Species not covered by Amendment 21 would continue to be allocated
through the biennial specifications process. The allocations in
Amendment 21 would constrain trawl harvests to a slightly lower level
than status quo.
Amendment 21 addresses six separate issues pertaining to allocation
decisions:
1. How to allocate species between the trawl and non-trawl
categories;
2. How to allocate between shore-based whiting and shore-based non-
whiting, for species other than darkblotched, Pacific ocean perch,
widow, and sablefish North of 36[deg] N. lat.;
3. How to apportion among the 4 trawl sectors (shore-based whiting,
shore-based non-whiting, MS, and CP) the LE trawl allocation of
darkblotched, Pacific ocean perch, widow, and sablefish North of
36[deg] N.;
4. Providing yield set-asides to accommodate non-overfished species
bycatch in the at-sea (whiting) sectors;
5. Limiting bycatch of halibut (a prohibited species); and
6. Determining the process for future modification of allocations.
B. Covered Species
Species subject to Amendment 21's trawl/non-trawl allocations would
be: Lingcod, Pacific cod, sablefish south of 36[deg] N. lat., Pacific
ocean perch, widow rockfish, chilipepper rockfish, splitnose rockfish,
yellowtail rockfish north of 40[deg] 10' N. lat., shortspine thornyhead
(north and south of 34[deg]27' N. lat.), longspine thornyhead north of
34[deg]27' N. lat., darkblotched rockfish, minor slope rockfish (north
and south of 40[deg]10' N. lat.), Dover sole, English sole, petrale
sole, arrowtooth flounder, starry flounder, and the Other Flatfish
complex.
C. Proposed Actions
1. Trawl vs. Non-Trawl
Amendment 21 would formally allocate a subset of the HG to the 4
trawl sectors: Shore-based (whiting and non-whiting), MS, and C/P. With
respect to covered species, this would leave the LE fixed gear, OA, and
recreational fisheries in a pool that would divide the remaining HG
(via the biennial specification process). These allocations are set
forth in the proposed rule at Sec. 660.55(m).
In general, the allocations are based on catch history from 2003-
2005 and the recommendations of the Groundfish Allocation Committee.
The reason for this period is that the Council believed that a
relatively recent catch period should form the basis for deciding
sector allocations since discards during this period were better
informed, and current management strategies, such as specification of
Rockfish Conservation Areas, are more likely in the near future.
However, for several species, the Council made modifications. For
chilipepper rockfish south of 40[deg]10[min] N. lat., Amendment 21
contains a higher non-trawl allocation. This is intended to provide
greater non-trawl access to this healthy stock off California.
Amendment 21 would not allocate longspine thornyhead south of
34[deg]27[min] N. lat. to the trawl fishery. Longspine thornyhead are
an incidentally caught species south of 34[deg]27[min] N. lat. and the
available yields are not projected to constrain any of the groundfish
fisheries there that incidentally catch these fish.
Amendment 21 would allocate a much higher percentage of the
available yield of starry flounder to non-trawl sectors (50 percent)
than recommended by the Groundfish Allocation Committee. The catch
history of starry flounder is highly uncertain, but they are
significantly caught in nearshore trawl fisheries and recreational
fisheries. The Council thought a 50:50 trawl and non-trawl sharing of
the available harvest of starry flounder was the fairest allocation.
Amendment 21 includes a higher non-trawl allocation of species in
the Other Flatfish complex than recommended by the Groundfish
Allocation Committee (10 percent vs. 5 percent). While most of these
species are dominant to the trawl fishery, there are some species, such
as Pacific sanddabs, that are significantly caught in non-trawl
fisheries. The Council believed a higher non-trawl share of the
available harvest of Other Flatfish species would better preserve non-
trawl fishing opportunities.
2. Allocations Between Shore-Based Whiting and Non-Whiting Sectors
For the shore-based trawl fishery, Amendment 21 would establish a
weighting scheme for distributing IFQ for covered species other than
darkblotched rockfish, Pacific ocean perch, widow rockfish, and
sablefish N. of 36[deg] N. lat. between the shore-based whiting and
shore-based non-whiting sectors. For species other than yellowtail
rockfish and the trawl-dominant overfished species, Amendment 21 uses a
weighting scheme based on the shore-based sector catch percentages
during the 1995-2005 period.
Amendment 21 would allocate 300 mt of yellowtail rockfish to the
shore-based whiting sector, and the shore-based non-whiting sector
would receive the remaining yield of yellowtail rockfish available to
the LE trawl sectors minus any set-aside amount of yellowtail rockfish
for the at-sea whiting sectors decided in the future. The initial set-
aside of yellowtail rockfish to accommodate bycatch by the at-sea
whiting sectors is 300 mt.
3. Apportionment of Three Overfished Species Among the Four Trawl
Sectors
For darkblotched, Pacific ocean perch, and widow, Amendment 21
would apportion the LE trawl allocation among the four main
subdivisions: Shore-based whiting, shore-based non-whiting, MS, and C/
P. These allocations would take the form of QS for the shore-based
sectors and of non-whiting groundfish species catch limits for the at-
sea sectors (MS and C/P). Initial sector allocation of canary rockfish
would be decided in the biennial harvest specification and management
measures process.
The initial sector allocation of the trawl-dominant overfished
species under Amendment 21 would be as follows:
For darkblotched rockfish, there would be an allocation of
9 percent or 25 mt, whichever is greater, of the total LE trawl
allocation of darkblotched rockfish to the whiting fisheries (at-sea
and shore-based combined). The distribution of the whiting trawl
allocation of darkblotched to individual whiting sectors would be done
pro rata relative to the sectors' whiting allocation. The remainder
would be made available to the shore-based non-whiting trawl fishery.
For Pacific ocean perch, there would be an allocation of
17 percent or 30 mt, whichever is greater, of the total LE trawl
allocation of Pacific ocean perch to the whiting fisheries (at-sea and
shore-based combined). The distribution of the whiting trawl allocation
of Pacific ocean perch to individual whiting sectors would be done pro
rata relative to the sectors' whiting allocation. The remainder would
be made available to the shore-based non-whiting trawl fishery.
For widow rockfish, there would be an initial allocation
of 52 percent of the total LE trawl allocation of widow
[[Page 33015]]
rockfish to the whiting sectors if the stock is under rebuilding or 10
percent of the total LE trawl allocation or 500 mt of the trawl
allocation to the whiting sectors, whichever is greater, if the stock
is rebuilt. If the stock is overfished when the initial allocation is
implemented, the latter allocation scheme automatically kicks in when
it is declared rebuilt. The distribution of the whiting trawl
allocation of widow to individual whiting sectors would be done pro
rata relative to the sectors' whiting allocation. The remainder would
be made available to the shore-based non-whiting trawl fishery.
4. Yield Set-Asides for Bycatch of Non-Overfished Species by the Two
At-Sea Sectors
The estimated fishing mortality of Amendment 21 species in the at-
sea whiting fishery (MS and C/P sectors) other than Pacific whiting and
the three trawl-dominant overfished species would be set-aside from the
LE trawl allocations prior to making the initial shore-based trawl
sector allocations. Set-aside amounts would not be allocations
specified in the PCGFMP. It is anticipated that the projected
incidental bycatch amounts in the at-sea whiting fishery will change in
the future as better information becomes available. Therefore, set-
asides would be implemented in and could be modified through the
biennial specifications and management measures process.
5. Halibut
As set forth in the proposed rule at Sec. 660.55(m), Amendment 21
would establish a trawl mortality bycatch limit for legal and sublegal
halibut in Area 2A (off Washington, Oregon and California) at 15
percent of the Area 2A constant exploitation yield (CEY) for legal size
halibut, not to exceed 130,000 lbs for the first 4 years of trawl
rationalization and not to exceed 100,000 lbs starting in the fifth
year. This total bycatch limit may be adjusted downward or upward
through the biennial specifications and management measures process.
Part of the overall TCL would be a set-aside of 10 mt of Pacific
halibut, to accommodate bycatch in the at-sea Pacific whiting fishery
and in the shore-based trawl fishery south of 40[deg]10[min] N. lat.
(estimated at approximately 5 mt each).
By holding the limit at 130,000 lbs for 4 years and providing
flexibility to make adjustments, the Council intended to address the
uncertainty of how these constraints would affect the fleet and give
the fleet time to learn strategies and areas for minimizing its halibut
bycatch.
6. Process for Future Re-Allocations
The Council considered allowing the allocations in Amendment 21
that are specified in the PCGFMP to be modified through a framework
action as part of the biennial management measures, but decided to
recommend that these allocations specified in the PCGFMP be modified
through an FMP amendment. The rationale was that the FMP amendment
process imposes a higher standard for considering a change to the
fishery, and that the Amendment 21 allocations should be durable and
not subject to reconsideration every 2 years in the biennial management
process. Many representatives of the trawl industry recommended
maintaining this process to provide more long-term stability to allow
better business planning.
7. Declaration as Overfished
Amendment 21 would not affect the FMP provision to temporarily
suspend any formal allocations for a species if it is declared
overfished. Shorter-term ad hoc allocations would then be decided in an
approved rebuilding plan (or in the biennial management process while
the stock is still being managed under a rebuilding plan).
8. 5-Year Review
Amendment 21 would provide for a formal review of all Amendment 21
allocations 5 years after implementation. This 5-year review is also a
provision in the Amendment 20 preferred alternative to formally review
the trawl rationalization program 5 years after implementation.
IV. Proposed Rule
As referenced above, while NMFS is reviewing Amendments 20 and 21
in their entirety, due to the complexity of the proposed program, this
proposed rule focuses only on certain key components that would be
necessary to have permits and endorsements issued in time for use in
the 2011 fishery and in order to have the 2011 specifications reflect
the new allocation scheme. On May 12, 2010, NMFS published a notice of
availability of Amendments 20 and 21, and consistent with requirements
of the MSA, must make a decision to approve, disapprove, or partially
approve the amendments by August 10, 2010. Comments on the
approvability of the amendments must be submitted to NMFS by July 12,
2010.
At the April, 2010 Council meeting in Portland, Oregon, the Council
deemed a version of these regulations as being necessary or appropriate
to implement Amendments 20 and 21 and directed the Council staff to
make specific revisions to the regulations, and additional edits as
appropriate. The Council staff and NMFS coordinated on revisions to
those regulations. The Council's Executive Director has deemed that
these regulations continue to be necessary or appropriate for the
purpose of implementing the plan amendments consistent with the
Council's policy intent.
A primary modification from the regulations reviewed by the Council
in April, other than the ones specifically directed by the Council, is
a revision of the sections regarding the formulas for the initial
allocations. After the April meeting, NOAA and the Council staff
corrected the regulations to ensure that they accurately reflect the
amendments. The preamble highlights some questions regarding these
formulas, and specifically seeks comment on them. Other changes have
been made to ensure consistency with the amendments, to ensure
consistency within the regulations, and to clarify some of the
language.
Specifically, this rule would establish the formal allocations set
forth under Amendment 21 and establish procedures for initial issuance
and appeals of permits, endorsements, and QS under the IFQ and coop
programs. While there are changes in many sections of these draft
regulations for the trawl rationalization program, the main areas that
are new for the trawl rationalization program are highlighted below.
Section 660.25 contains general rules regarding permit
requirements, including requirements for new permits and endorsements
required for trawl rationalization: MS permits, MS/CV endorsements, and
C/P endorsements.
Section 660.55 is the allocation section and contains the
proposed allocations set forth in Amendment 21.
Section 660.111 contains definitions specific to the trawl
fisheries, including new terminology that would be used under the
proposed rationalization program, such as ``catch history assignment,''
``IFQ,'' ``first receivers,'' and ``processor obligations.''
Section 660.140 would set forth the requirements for the
proposed IFQ program for the shore-based trawl sector. The provisions
contained in this proposed rule would include initial requirements,
including: The species covered; the general program structure and
management; accumulation limits and how to define ownership and
control; divestiture; the application process, and deadlines;
eligibility criteria; how QS would be calculated; how to reassign
landings history for Pacific whiting; IADs, and limitations
[[Page 33016]]
on appeals; and rules regarding transfers of permits during the
application period.
Section 660.150 would set forth the requirements for the
proposed MS Coop Program. The provisions contained in this proposed
rule would include initial requirements including the species covered;
the general program structure and management; accumulation limits and
how to define ownership and control; divestiture; the application
process, and deadlines; eligibility criteria for MS permits, MS/CV
endorsement, and CHA assignments; characteristics of permits, how CHA
would be assigned; IADs, and limitations on appeals; and rules
regarding transfers of permits during the application period.
Section 660.160 would set forth the requirements for the
proposed CP Coop Program. The provisions contained in this proposed
rule would include initial requirements, including: The species
covered; the general program structure and management; the application
process and deadlines; eligibility criteria; IADs and limitations on
appeals; and rules regarding transfers of permits during the
application period.
In addition, this proposed rule would also restructure the entire
Pacific Coast groundfish regulations at 50 CFR part 660 by moving from
one subpart (subpart G) to five subparts (subparts C-G). This
restructuring of existing groundfish regulations is necessary to make
room for the expansion of regulations with the new trawl
rationalization program and to make the regulations more clearly
organized according to sectors within the groundfish fishery. The
following table lists the distribution of the sections of 50 CFR part
660 subpart G to the new subparts in 50 CFR 660 subparts C through G in
this restructuring.
------------------------------------------------------------------------
Old New
------------------------------------------------------------------------
Sec. 660.301 Purpose and scope....... Sec. 660.10, Subpart C
Purpose and scope.
Sec. 660.302 Definitions............. Sec. 660.11, Subpart C
General definitions.
Sec. 660.111, Subpart D Trawl
fishery definitions.
Sec. 660.211, Subpart E Fixed
gear fishery definitions.
Sec. 660.311, Subpart F Open
access fishery definitions.
Sec. 660.351, Subpart G
Recreational fishery
definitions.
Sec. 660.303 Reporting and Sec. 660.113, Subpart C
recordkeeping. Recordkeeping and reporting.
Sec. 660.113, Subpart D Trawl
fishery recordkeeping and
reporting.
Sec. 660.213, Subpart E Fixed
gear fishery recordkeeping and
reporting.
Sec. 660.313, Subpart F Open
access fishery recordkeeping
and reporting.
Sec. 660.353, Subpart G
Recreational fishery
recordkeeping and reporting.
Sec. 660.305 Vessel identification... Sec. 660.20, Subpart C Vessel
and gear identification.
Sec. 660.219, Subpart C Fixed
gear identification and
marking.
Sec. 660.319, Subpart C Open
access fishery gear
identification and marking.
Sec. 660.306 Prohibitions............ Sec. 660.12, Subpart C
General groundfish
prohibitions.
Sec. 660.112, Subpart D Trawl
fishery prohibitions.
Sec. 660.212, Subpart E Fixed
gear fisheries prohibitions.
Sec. 660.312, Subpart F Open
access fisheries prohibitions.
Sec. 660.352, Subpart G
Recreational fishery
prohibitions.
Sec. 660.312 Vessel Monitoring System Sec. 660.14, Subpart C Vessel
(VMS) requirements. Monitoring System (VMS)
requirements.
Sec. 660.314 Groundfish observer Sec. 660.16, Subpart C
program. Groundfish observer program.
Sec. 660.18, Subpart C
Certification and
decertification procedures for
observers, catch monitors,
catch monitor providers and
observer providers.
Sec. 660.116, Subpart D Trawl
fishery observer requirements.
Sec. 660.216, Subpart E Fixed
gear fishery observer
requirements.
Sec. 660.316, Subpart F Open
access fishery observer
requirements.
Sec. 660.356, Subpart G
Recreational fishery observer
requirements.
Sec. 660.320 Allocations............. Sec. 660.55, Subpart C
Allocations.
Sec. 660.321 Black rockfish harvest Sec. 660.55(l), Subpart C
guideline. Black rockfish harvest
guideline.
Sec. 660.322 Sablefish allocations... Sec. 660.55(h), Subpart C
Sablefish allocations (north
of 36[deg] N. lat.).
Sec. 660.323 Pacific whiting Sec. 660.55(i), Subpart C.
allocations, allocation attainment,
and inseason allocation
reapportionment.
Sec. 660.131 Pacific Whiting
Fishery Management Measures.
Sec. 660.324 Pacific Coast treaty Sec. 660.50, Subpart C.
Indian fisheries.
Sec. 660.331 Limited entry and open Sec. 660.24, Subpart C
access fisheries--general. Limited entry and open access
fisheries.
Sec. 660.333 Limited entry fishery-- Sec. 660.25(b)(1), Subpart C.
eligibility and registration.
Sec. 660.334 Limited entry permits-- Sec. 660.25(b)(3), Subpart C.
endorsements.
Sec. 660.335 Limited entry permits-- Sec. 660.25(b)(4), Subpart C.
renewal, combination, stacking, change
of permit ownership or permit
holdership, and transfer.
Sec. 660.336 Pacific whiting vessel Sec. 660.26, Subpart C
licenses. Pacific Whiting Vessel
Licenses.
Sec. 660.337 Trawl Rationalization removed.
program--data collection requirements.
Sec. 660.338 Limited entry permits-- Sec. 660.25(b)(5), Subpart C.
small fleet.
Sec. 660.339 Limited entry permit and Sec. 660.26, Subpart C
Pacific whiting vessel license fees. Pacific Whiting Vessel
Licenses.
Sec. 660.340 Limited entry permit Sec. 660.25(g), Subpart C.
appeals.
Sec. 660.341 Limited entry permit Sec. 660.25(h), Subpart C.
sanctions.
Sec. 660.350 Compensation with fish Sec. 660.30, Subpart C
for collecting resource information-- Compensation With Fish for
exempted fishing permits off Collecting Resource
Washington, Oregon, and California. Information--EFPs.
Sec. 660.365 Overfished species Sec. 660.40, Subpart C
rebuilding plans. Overfished species rebuilding
plans.
Sec. 660.370 Specifications and Sec. 660.60, Subpart C
management measures. Specifications and Management
Measures.
[[Page 33017]]
Sec. 660.120, Subpart D Trawl
Fishery Crossover Provisions.
Sec. 660.220, Subpart E Fixed
Gear Fishery Crossover
Provisions.
Sec. 660.320, Subpart F Open
Access Crossover Provisions.
Sec. 660.371 Black rockfish fishery Sec. 660.230(d), Subpart E
management. Fixed Gear Fishery Management
Measures.
Sec. 660.330(e), Subpart E
Fixed Gear Fishery Management
Measures.
Sec. 660.372 Fixed gear sablefish Sec. 660.231, Subpart E
fishery management. Limited Entry Fixed Gear
Primary Fishery for Sablefish.
Sec. 660.232, Subpart E
Limited Entry Sablefish Daily
Trip Limit (DTL) Fishery for
Sablefish.
Sec. 660.332, Subpart F Open
Access Sablefish Daily Trip
Limit (DTL) Fishery for
Sablefish.
Sec. 660.373 Pacific whiting Sec. 660.131, Subpart D
(whiting) fishery management. Pacific Whiting Fishery
Management Measures.
(j) Additional requirements for Sec. 660.15, Subpart C
participants in the Pacific Equipment Requirements.
Whiting Shoreside fishery.
Sec. 660.12 General
Groundfish Prohibitions
(a)(13).
Sec. 660.380 Groundfish harvest Sec. 660.65, Subpart C.
specifications.
Sec. 660.381 Limited entry trawl Sec. 660.130 Trawl Fishery
fishery management measures. Management Measures.
Sec. 660.230, Subpart E Fixed
Gear Fishery Management
Measures.
Sec. 660.382 Limited entry fixed gear Sec. 660.330, Subpart F Open
fishery management measures. Access Fishery Management
Measures.
Sec. 660.383 Open access fishery Sec. 660.333, Subpart F Open
management measures. Access Non-groundfish Trawl
Fishery--Management Measures.
Sec. 660.384 Recreational fishery Sec. 660.360, Subpart G
management measures. Recreational Fishery
Management Measures.
Sec. 660.385 Washington coastal Sec. 660.50, Subpart C
tribal fisheries management measures. Pacific Coast Treaty Indian
Fisheries.
Sec. 660.390 Groundfish conservation Sec. 660.70, Subpart C
areas. Groundfish conservation areas.
Sec. 660.391 Latitude/longitude Sec. 660.71, Subpart C
coordinates defining the 10-fm (18-m) Latitude/longitude coordinates
through 40-fm (73-m) depth contours. defining the 10-fm (18-m)
through 40-fm (73-m) depth
contours.
Sec. 660.392 Latitude/longitude Sec. 660.72, Subpart C
coordinates defining the 50 fm (91 m) Latitude/longitude coordinates
through 75 fm (137 m) depth contours. defining the 50 fm (91 m)
through 75 fm (137 m) depth
contours.
Sec. 660.393 Latitude/longitude Sec. 660.73, Subpart C
coordinates defining the 100 fm (183 Latitude/longitude coordinates
m) through 150 fm (274 m) depth defining the 100 fm (183 m)
contours. through 150 fm (274 m) depth
contours.
Sec. 660.394 Latitude/longitude Sec. 660.74, Subpart C
coordinates defining the 180 fm (329 Latitude/longitude coordinates
m) through 250 fm (457 m) depth defining the 180 fm (329 m)
contours. through 250 fm (457 m) depth
contours.
Sec. 660.395 Essential Fish Habitat Sec. 660.75, Subpart C
(EFH). Essential Fish Habitat (EFH).
Sec. 660.396 EFH Conservation Areas.. Sec. 660.76, Subpart C EFH
Conservation Areas.
Sec. 660.397 EFH Conservation Areas Sec. 660.77, Subpart C
off the Coast of Washington. Conservation Areas off the
Coast of Washington.
Sec. 660.398 EFH Conservation Areas Sec. 660.78, Subpart C
off the Coast of Oregon. Conservation Areas off the
Coast of Oregon.
Sec. 660.399 EFH Conservation Areas Sec. 660.79, Subpart C
off the Coast of California. Conservation Areas off the
Coast of California.
Table 1a to Part 660, Subpart G--2009, Table 1a to Part 660, Subpart
Specifications of ABCs, OYs, and HGs, C--2009, Specifications of
by Management Area (weights in metric ABCs, OYs, and HGs, by
tons). Management Area (weights in
metric tons).
Table 1b to Part 660, Subpart G--2009, Table 1b to Part 660, Subpart
Harvest Guidelines for Minor Rockfish C--2009, Harvest Guidelines
by Depth Sub-groups (weights in metric for Minor Rockfish by Depth
tons). Sub-groups (weights in metric
tons).
Table 1c to Part 660, Subpart G--2009, Table 1c to Part 660, Subpart
Open Access and Limited Entry C--2009, Open Access and
Allocations by Species or Species Limited Entry Allocations by
Group (weights in metric tons). Species or Species Group
(weights in metric tons).
Table 2a to Part 660, Subpart G--2010, Table 2ato Part 660, Subpart C--
Specifications of ABCs, OYs, and HGs, 2010, Specifications of ABCs,
by Management Area (weights in metric OYs, and HGs, by Management
tons). Area (weights in metric tons).
Table 3 (North) 660, Subpart G--2010 Table 1 (North) 660, Subpart D--
Trip Limits for Limited Entry Trawl 2010 Trip Limits for Limited
Gear North of 40[deg]10' N. Lat. Entry Trawl Gear North of
40[deg]10' N. Lat.
Table 3 (South) 660, Subpart G--2010 Table 1 (South) 660, Subpart D--
Trip Limits for Limited Entry Trawl 2010 Trip Limits for Limited
Gear South of 40[deg]10' N. Lat. Entry Trawl Gear South of
40[deg]10' N. Lat.
Table 4 (North) 660, Subpart G--2009- Table 2 (North) 660, Subpart E--
2010 Trip Limits for Limited Entry 2009-2010 Trip Limits for
Fixed Gear North of 40[deg]10' N. Lat. Limited Entry Fixed Gear North
of 40[deg]10' N. Lat.
Table 4 (South) 660, Subpart G--2009- Table 2 (South) 660, Subpart E--
2010 Trip Limits for Limited Entry 2009-2010 Trip Limits for
Fixed Gear South of 40[deg]10' N. Lat. Limited Entry Fixed Gear South
of 40[deg]10' N. Lat.
Table 5 (North) 660, Subpart G--2009- Table 3 (North) 660, Subpart F--
2010 Trip Limits for Open Access Gears 2009-2010 Trip Limits for Open
North of 40[deg]10' N. Lat. Access Gears North of
40[deg]10' N. Lat.
Table 5 (South) 660, Subpart G--2009- Table 3 (South) 660, Subpart F--
2010 Trip Limits for Open Access Gears 2009-2010 Trip Limits for Open
South of 40[deg]10' N. Lat. Access Gears South of
40[deg]10' N. Lat.
Figure 1 to Subpart G of Part 660-- Figure 1 to Subpart C of Part
Diagram of Selective Flatfish Trawl. 660--Diagram of Selective
Flatfish Trawl.
Table 2 to Part 660--Vessel Capacity Table 3 to Subpart C of Part
Ratings for West Coast Groundfish 660--Vessel Capacity Ratings
Limited Entry Permits. for West Coast Groundfish
Limited Entry Permits.
------------------------------------------------------------------------
In addition to the reorganization of the existing groundfish
regulations into the new regulatory structure, NMFS has made some minor
revisions to regulatory language. Most changes revise the existing
regulatory language to work with the new structure and the proposed
changes to the limited entry trawl fishery, including but not limited
to: Revising the definitions used for the trawl fishery; revising
definitions used for allocations; moving definitions, prohibitions,
recordkeeping and reporting requirements, observer requirements,
crossover provisions, and management measures to the subpart for each
fishery (trawl, fixed gear, open access, recreational); and updating
cross references.
Some minor revisions not directly related to the trawl
rationalization program or intersector allocations were made to update
regulatory language. The following definitions were revised: Address of
record, Council, fishing gear, groundfish, groundfish trawl, initial
[[Page 33018]]
administrative determination, non-groundfish trawl, overage, permit
holder, and permit owner. New definitions were added for the following
terms: Bag limits, boat limits, daily trip limit fishery, endorsement,
entity, calendar year, fish, fishing, fishing vessel, hook limits, non-
groundfish fishery, observer, operate a vessel, primary season,
sablefish tier limit fishery, tier limit, vessel of the United States,
and vessel owner. In order to improve clarity and better match the MSA
definition, the term ``participate'' was changed to ``fish'' where
appropriate throughout the regulations. NMFS is particularly seeking
comment on the revised and new definitions. NMFS may implement these
definitions under section 303(d) of the Magnuson Act.
In the new Sec. 660.20, vessel and gear identification language
was combined to make it easier for readers to find the identification
requirements. In the new Sec. 660.25, old language referring to the LE
fixed gear sablefish permit stacking program's application requirements
and qualifying criteria for the endorsement/tier assignment and various
exemptions (at-sea processing, adding spouse to permit, owner on board
exemption) were removed because the application window for these closed
between 1998 and 2007, depending on the provision. In the new Sec.
660.50, regulations affecting treaty tribes were combined from
Sec. Sec. 660.324 and 660.385 to make it easier for the reader to find
the tribal requirements. In the new Sec. 660.60 paragraph (f), the
description of Exempted Fishing Permits (EFPs) was revised to clarify
the different types of EFPs: Compensation fishing EFPs versus all other
EFPs. In the new Sec. Sec. 660.231 and 660.232, the fixed gear
sablefish tier limit fishery and the LE daily trip limit fishery have
been separated from one section to two to make it easier to find the
requirements for each of these fisheries. In the new Sec. 660.333, the
OA non-groundfish trawl fishery management measures were separated into
their own section to make it easier to find these requirements; they
were previously combined with the general OA fishery management
measures listed in the new Sec. 660.330. In the new Sec. 660.352, new
gear and trip prohibitions were added for the recreational fishery.
Revisions to Paperwork Reduction Act (PRA) References
Section 3507 of the PRA requires that agencies inventory and
display a current control number assigned by the Director, OMB, for
each agency information collection, and 15 CFR 902.1(b) identifies the
location of NOAA regulations for which OMB approvals have been issued.
Because this rule codifies recordkeeping and reporting requirements, 15
CFR 902.1(b) is revised to correctly reference the new sections
resulting from the reorganization.
The following table lists the derivation of the NOAA PRA approvals
for regulatory requirements in 50 CFR part 660:
------------------------------------------------------------------------
OMB Control
Old section New section No.
------------------------------------------------------------------------
Sec. 660.303 Reporting and Sec. 660.113, -0271
recordkeeping Subpart C
Recordkeeping and
Reporting
Sec. 660.113,
Subpart D Trawl
Fishery
Recordkeeping and
Reporting
Sec. 660.213,
Subpart E Fixed Gear
Fishery
Recordkeeping and
Reporting
Sec. 660.313,
Subpart F Open
Access Fishery
Recordkeeping and
Reporting
Sec. 660.353,
Subpart G
Recreational Fishery
Recordkeeping and
reporting
Sec. 660.305 Vessel Sec. 660.20, -0355
identification Subpart C Vessel and
Gear Identification.
Sec. 660.219,
Subpart C Fixed Gear
Identification and
Marking
Sec. 660.319,
Subpart C Open
Access Fishery Gear
Identification and
Marking
Sec. 660.322 Sablefish Sec. 660.55 (h), -0352
allocations Subpart C Sablefish
Allocations (north
of 36[deg] N. lat.).
Sec. 660.323 Pacific whiting Sec. 660.55 (i), -0243
allocations, allocation Subpart C.
attainment, and inseason
allocation reapportionment
Sec. 660.131
Pacific Whiting
Fishery Management
Measures
Sec. 660.331 Limited Entry and Sec. 660.25(a), -0243
open access fisheries--general Subpart C.
Sec. 660.333 Limited entry Sec. 660.25(b)(1), -0203
fishery--eligibility and Subpart C.
registration
Sec. 660.334 Limited entry Sec. 660.25(b)(3), -0203
permits--endorsements Subpart C.
Sec. 660.335 Limited entry Sec. 660.25(b)(4), -0203
permits--renewal, combination, Subpart C.
stacking, change of permit
ownership or permit holdership,
and transfer
Sec. 660.336 Pacific whiting Sec. 660.26, -0583
vessel licenses Subpart C.
Sec. 660.337 Trawl removed. -0599
Rationalization program--data
collection requirements
Sec. 660.338 Limited entry Sec. 660.25(b)(5), -0203
permits--small fleet Subpart C.
Sec. 660.339 Limited entry Sec. 660.26, -0203
permit and Pacific whiting Subpart C.
vessel license fees
Sec. 660.340 Limited entry Sec. 660.25(g), -0203
permit appeals Subpart C.
Sec. 660.341 Limited entry Sec. 660.25(h), -0203
permit sanctions Subpart C.
Sec. 660.350 Compensation with Sec. 660.30, -0203
fish for collecting resource Subpart C.
information--exempted fishing
permits off Washington, Oregon,
and California
------------------------------------------------------------------------
[[Page 33019]]
V. Related Rulemakings and Future Actions
Previous Rule
On January 29, 2009, NMFS published a final rule to initiate the
data collection necessary to support initial issuance of permits,
endorsement, and QS under the IFQ and Coop programs. This rule provided
notice to participants in the industry to review their catch data for
purposes of ensuring that the quota share and other calculations
undertaken by NMFS would be based on the best available data (74 FR
4684).
Program Components Rule
NMFS plans to publish additional details regarding implementation
of Amendment 20 through an upcoming ``program components'' rule. This
rule would address details regarding IFQ gear switching provisions,
observer programs, retention requirements, equipment requirements,
catch monitors, catch weighing requirements, coop permits/agreements,
first receiver site licenses, and vessel QP accounts. Additionally,
further tracking and monitoring components may be proposed, as well as
requirements for economic data collection requirements, and cost
recovery.
The Council plans to address additional details related to
implementation of Amendments 20 and 21 through subsequent Council
actions (``trailing actions''). Details to be addressed through
trailing actions could include:
Adaptive Management Program.
Community Fishing Associations.
Cost Recovery details.
Safe harbors for control language.
Severability for MS/CV-endorsed permits and catch history
assignment. Classification.
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Pacific Coast Groundfish FMP.
The Council prepared a draft environmental impact statement for
Amendment 20 to the Pacific Coast Groundfish FMP; a notice of
availability was published on December 4, 2009 (74 FR 63751). The
Council also prepared a draft environmental impact statement for
Amendment 21 to the Pacific Coast Groundfish FMP; a notice of
availability was published on January 29, 2010 (75 FR 4812). The trawl
rationalization program would consist of: (1) An IFQ program for the
shore-based LE groundfish trawl fleet; and (2) coop programs for the
at-sea whiting LE groundfish trawl fleet. The trawl rationalization
program is intended to increase net economic benefits, create economic
stability, provide full utilization of the trawl sector allocation,
consider environmental impacts, and promote conservation through
individual accountability for catch and bycatch.
This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A copy of the IRFA is available from NMFS (see
ADDRESSES) and a summary of the IRFA, per the requirements of 5 U.S.C.
604(a) follows:
The Council has prepared two EIS documents: Amendment 20--
Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery, which would create the structure and management details of the
trawl fishery rationalization program; and Amendment 21--Allocation of
Harvest Opportunity Between Sectors of the Pacific Coast Groundfish
Fishery, which would allocate the groundfish stocks between trawl and
non-trawl fisheries. The two draft EIS's prepared by the Council
provide economic analyses of the Council's preferred alternatives and
draft RIR and IRFAs. The draft RIR and IRFAs were updated and combined
into a single RIR/IRFA. Among other things, this single RIR/IRFA
contains additional information on characterizing the participants in
the fishery and on the tracking and monitoring costs associated with
this program.
Due to the complexity of the proposed fishery management measures,
the rule associated with this analysis proposes only certain key
components that would be necessary to have permits and endorsements
issued in time for use in the 2011 fishery and in order to have the
2011 specifications reflect the new allocation scheme. Specifically,
this rule would establish the allocations set forth under Amendment 21
and would establish procedures for initial issuance of permits,
endorsements, and QS under the IFQ and Coop programs. NMFS plans to
propose additional program details in a future proposed rule. Such
additional details would include: Program components applicable to IFQ
gear switching, observer programs, retention requirements, equipment
requirements, catch monitors, catch weighing requirements, coop
permits/agreements, first receiver site licenses, quota share accounts,
vessel QP accounts, further tracking and monitoring components, and
economic data collection requirements. In order to encourage more
informed public comment, this proposed rule includes a general
description of these additional program requirements. NMFS is also
planning a future ``Cost-Recovery'' rule, based on a recommended
methodology yet to be developed by the Pacific Fishery Management
Council.
The RIR/IRFA analyzes two alternatives--the No-Action Alternative
and the Preferred Alternative. The analysis of the no action
alternative describes what is likely to occur in the absence of the
proposed action. It provides a benchmark against which the incremental
effects of the proposed action can be compared. Under the no action
alternative, the current, primary management tool used to control the
Pacific coast groundfish trawl catch includes a system of two month
cumulative landing limits for most species and season closures for
Pacific whiting. This management program would continue under the no
action alternative. Only long-term, fixed allocations for Pacific
whiting and sablefish north of 36[deg] N. lat. would exist. All other
groundfish species would not be formally allocated between the trawl
and non-trawl sectors. Allocating the available harvest of groundfish
species and species complexes would occur in the Council process of
deciding biennial harvest specifications and management measures and,
as such, would be considered short term allocations.
The analysis of the preferred alternative describes what is likely
to occur as a result of the proposed action. Under the preferred
alternative, the existing shore-based whiting and shore-based non-
whiting sectors of the Pacific Coast groundfish limited entry trawl
fishery would be managed as one sector under a system of IFQs, and the
at-sea whiting sectors of the fishery (i.e., catcher-processor sector
and mothership sector, which includes motherships and catcher vessels)
would be managed under a system of sector-specific harvesting
cooperatives (co-ops). The catcher-processor sector would continue to
operate under the existing, self-developed co-op program entered into
voluntarily by that sector. A distinct set of groundfish species and
Pacific halibut would be covered by the rationalization program.
Amendment 20 would include a tracking and
[[Page 33020]]
monitoring program to assure that all catch (including discards) would
be documented and matched against QP. The Council specified that
observers would be required on all vessels and shore-based monitoring
(catch monitors) would be required during all off-loading (100 percent
coverage). Compared to status quo monitoring, this would be a
monitoring and observer coverage level increase for a large portion of
the trawl fleet, particularly for non-whiting shore-based vessels.
The limited entry trawl fishery is divided into two broad sectors:
A multi-species trawl fishery, which most often uses bottom trawl gear
(hereafter called the non-whiting fishery), and the Pacific whiting
fishery, which uses midwater trawl gear. The non-whiting fishery is
principally managed through 2-month cumulative landing limits along
with closed areas to limit overfished species bycatch. Fishery
participants target the range of species described above with the
exception of Pacific whiting. By weight, the vast majority of trawl
vessel groundfish is caught in the Pacific whiting fishery. In
contrast, the non-whiting fishery accounts for the majority of limited
entry trawl fishery ex-vessel revenues. On average for the period 2000-
2005, Pacific whiting accounted for about 75 percent of the quantity of
groundfish landed in the limited entry trawl fishery, but only 21
percent of the value due to their relatively low ex-vessel price.
Non-whiting trawl vessels deliver their catch to shoreside
processors and buyers located along the coasts of Washington, Oregon,
and California, and tend to have their homeports located in towns
within the same general area where they make deliveries, though there
are several cases of vessels delivering to multiple ports during a
year. Some Pacific whiting trawl vessels are catcher-processors, which,
as their name implies, process their catch on-board, while other
vessels in this sector deliver their catch to shoreside processors or
motherships that receive Pacific whiting for processing but do not
directly harvest the fish.
Over time, landings in the limited entry trawl fishery have
fluctuated, especially on a species-specific basis. Pacific whiting has
grown in importance, especially in recent years. Through the 1990s, the
volume of Pacific whiting landed in the fishery increased. In 2002 and
2003, landings of Pacific whiting declined due to information showing
the stock was depleted and the subsequent regulations that restricted
harvest in order to rebuild the species. Over the years 2003-2007,
estimated Pacific whiting ex-vessel revenues averaged about $29
million. In 2008, these participants harvested about 248,000 tons of
whiting worth about $63 million in ex-vessel revenues, based on shore-
based ex-vessel prices of $254 per ton, the highest ex-vessel revenues
and prices on record. In comparison, the 2007 fishery harvested about
224,000 tons worth $36 million at an average ex-vessel price of about
$160 per ton.
While the Pacific whiting fishery has grown in importance in recent
years, harvests in the non-whiting component of the limited entry trawl
fishery have declined steadily since the 1980s. Ex-vessel revenues in
the fishery peaked in the mid 1990s at over $60 million. Following the
passage of the Sustainable Fisheries Act (1996) and the listing of
several species as overfished, harvests became increasingly restricted
and landings and revenues declined steadily until 2002. Since 2002, ex-
vessel revenues have stabilized at approximately $23-$27 million per
year. In 2007, the Council estimates that 159 trawlers landed 94,000 mt
of groundfish, earning $37 million in ex-vessel revenues, for an
average of $234,000 per vessel.
Expected Effects of Amendment 21--Intersector Allocation
The allocation of harvest opportunity between sectors under the
proposed regulation does not differ significantly from the allocation
made biennially under the no action alternative. The primary economic
effect of the long-term allocation under the proposed regulations is to
provide more certainty in future trawl harvest opportunities, which
would enable better business planning for participants in the
rationalized fishery. As described elsewhere, the trawl rationalization
program could create an incentive structure and facilitate more
comprehensive monitoring to allow bycatch reduction and effective
management of the groundfish fisheries. In support of the trawl
rationalization program, the main socioeconomic impact of Amendment 21
allocations is longer term stability for the trawl industry. While the
preferred Amendment 21 allocations do not differ significantly from
status quo ad hoc allocations made biennially, there is more certainty
in future trawl harvest opportunities, which enables better business
planning for participants in the rationalized fishery. This is the main
purpose for the Amendment 21 actions. The economic effects of Amendment
21 arise from the impacts on current and future harvests. The need to
constrain groundfish harvests to address overfishing has had
substantial socioeconomic impacts. The groundfish limited entry trawl
sector has experienced a large contraction, spurred in part by a
partially federally-subsidized vessel and permit buyback program
implemented in 2005. This $46 million buyback program was financed by a
Congressional appropriation of $10 million and an industry loan of $36
million. Approximately 240 groundfish, crab, and shrimp permits were
retired from state and federal fisheries, and there was a 35 percent
reduction in the groundfish trawl permits. To repay the loan,
groundfish, shrimp and crab fisheries are subject to landings fees.
Follow-on effects of the buyback have been felt in coastal communities
where groundfish trawlers comprise a large portion of the local fleet.
As the fleet size shrinks and ex-vessel revenues decline, income and
employment in these communities is affected. Fishery-related businesses
in the community may cease operations because of lost business. This
can affect non-groundfish fishery sectors that also depend on the
services provided by these businesses, such as providing ice and buying
fish. An objective to the trawl rationalization program is to mitigate
some of these effects by increasing revenues and profits within the
trawl sector. However, because further fleet consolidation is expected,
the resulting benefits are likely to be unevenly distributed among
coastal communities. Some communities may see their groundfish trawl
fleet shrink further as the remaining vessels concentrate in a few
major ports. Species subject to Amendment 21 allocations would be:
Lingcod, Pacific cod, sablefish south of 36[deg]N. lat., Pacific ocean
perch, widow rockfish, chilipepper rockfish, splitnose rockfish,
yellowtail rockfish north of 40[deg]10' N. lat., shortspine thornyhead
(north and south of 34[deg]27' N. lat.), longspine thornyhead north of
34[deg]27' N. lat., darkblotched rockfish, minor slope rockfish (north
and south of 40[deg]10' N. lat.), Dover sole, English sole, petrale
sole, arrowtooth flounder, starry flounder, and Other Flatfish. While
the preferred Amendment 21 allocations of these species do not differ
significantly from status quo ad hoc allocations made biennially, there
is more certainty in future trawl harvest opportunities, which enables
better business planning for participants in the rationalized fishery.
This is the main purpose for the Amendment 21 actions.
Based on ex-vessel revenue projections, Table 4-18 (ISA DEIS) shows
the potential 2010 yield to trawl and non-trawl (including
recreational)
[[Page 33021]]
sectors under the Amendment 21 alternatives and the potential 2010
value of alternative trawl allocations. Under the status quo option
Alternative 1, the projected ex-vessel value of the trawl allocation is
$56 million while the projected ex-vessel value of the Council's
preferred alternative is $54 million, indicating a potential increase
to the non-trawl sectors and a potential decrease to the trawl sector.
In addition to the species above, halibut would also be
specifically allocated to the trawl fishery. The proposed regulations
include a halibut trawl bycatch reduction program in phases to provide
sufficient time to establish a baseline of trawl halibut bycatch and
for harvesters to explore methods (e.g., adjustments to time and/or
area fished, gear modifications) to reduce halibut bycatch and bycatch
mortality. Pacific halibut are currently not allowed to be retained in
any U.S. or Canadian trawl fisheries per the policy of the IPHC. The
Council's intent on setting a total catch limit of Pacific halibut in
Area 2A trawl fisheries is to limit the bycatch and progressively
reduce the bycatch to provide more benefits to directed halibut
fisheries. The program establishes a limit for total Pacific halibut
bycatch mortality (legal-sized and sublegal fish) through the use of an
individual bycatch quota in the trawl fishery. The initial amount for
the first two years of the trawl rationalization program would be
calculated by taking 15% of the Area 2A Total Constant Exploitation
Yield (CEY) as set by the International Pacific Halibut Commission
(IPHC) for the previous year, not to exceed 130,000 lbs per year for
total mortality. For example, if the trawl rationalization program went
into effect in 2013, the trawl halibut IBQ would be set at 15% of the
Area 2A CEY adopted for 2012 or 130,000 lbs per year, whichever is
less, for 2013 and 2014 (Years 1 and 2 of the program). Beginning with
the third year of implementation, the maximum amount set aside for the
trawl rationalization program would be reduced to 100,000 lbs per year
for total mortality. This amount may be adjusted downward through the
biennial specifications process for future years.
Currently there are no total catch limits of Pacific halibut
specified for the west coast trawl fishery. Trawl bycatch of Pacific
halibut, therefore, does not limit the trawl fishery. A phased in,
halibut bycatch reduction program, would provide sufficient time to
establish a baseline of trawl halibut bycatch under the new
rationalization program and for harvesters to explore methods (e.g.,
adjustments to time and/or area fished, gear modifications) to reduce
both halibut bycatch and bycatch mortality. By limiting the bycatch of
Pacific halibut in the LE trawl fisheries, Amendment 21 would control
bycatch and could provide increased benefits to Washington, Oregon, and
California fishermen targeting Pacific halibut. Reducing the trawl
limit would also provide more halibut to those who participate in the
directed tribal, commercial and recreational halibut fisheries.
Effects of Amendment 20--Trawl Rationalization
Due to the lack of quantitative data, an overall comprehensive
model was not feasible. Instead, a set of models designed to focus on
specific issues was developed. For example, models were used to:
Analyze the effects of the initial allocation of QS in the trawl IFQ
program; project geographic shifts in fishery patterns; and illustrate
the potential for reducing bycatch, increasing target catch, and
increasing revenues. To illustrate the benefits of the IFQ program, a
model projecting the expected amount of fleet consolidation in the
shore-based non-whiting fishery was developed. This model illustrates
the potential for the fleet to reduce bycatch and potentially increase
the amount of target species harvested. This model is primarily based
on bycatch reduction experiences in the Pacific whiting fishery and
under an Exempted Fishing Permit carried out in the arrowtooth flounder
fishery. The model accounts for the fact that trawlers harvest many
species (multiple outputs). The model also uses fish ticket data and
the data from the recently completed West Coast Limited Entry Cost
Earnings Survey sponsored by the NMFS Northwest Fisheries Science
Center. (For the other sectors, similar models could not be developed
because the appropriate cost data was unavailable).
Estimates of potential economic benefits are generated based on the
predicted harvesting practices from the first step analysis. Because
the west coast non-whiting groundfish fishery is not a derby fishery,
it is expected that economic benefits will come through cost reductions
and increased access to target species that arise from modifications in
fishing behavior (overfished species avoidance). The key output of this
analysis is an estimate of post-rationalization equilibrium harvesting
cost.
Changes in harvesting costs can arise from three sources. First,
the total fixed costs incurred by the groundfish trawl fleet change as
the size of the fleet changes. Since many limited entry trawlers incur
annual fixed costs of at least $100,000, reductions in fleet size can
result in substantial cost savings. In other words, a fewer number of
vessels in the fishery will lead to decreased costs through a decrease
in annual fixed costs. Second, costs may change as fishery
participation changes and no longer incur diseconomies of scope (such
as the costs of frequently switching gear for participating in multiple
fisheries). Third, costs may change as vessels are able to buy and sell
quota to take advantage of economies of scale and operate at the
minimum point on their long-run average cost curve (i.e. the strategy
that minimizes the cost of harvesting).
The major conclusions of this model suggest that (with landings
held at 2004 levels), the current groundfish fleet (non-whiting
component) which consisted of 117 vessels in 2004, will be reduced by
roughly 50% to 66%, or 40-60 vessels under an IFQ program. The
reduction in fleet size implies cost savings of $18-$22 million for the
year 2004 (most recent year of the data). Vessels that remain active
will, on average, be more cost efficient and will benefit from
economies of scale that are currently unexploited under controlled
access regulations in the fishery. The cost savings estimates are
significant, amounting to 60% of the costs incurred currently,
suggesting that IFQ management may be an attractive option for the
Pacific Coast Groundfish Fishery. Assuming a 10% annual return to the
vessel capital investment, estimates indicate that the 2004 groundfish
fleet incurred a total cost of $39 million. The PacFIN data indicate
fleetwide revenue at roughly $36 million in 2004, and, therefore, fleet
wide losses of about $3 million occurred in 2004. Based on a lower 5%
return to vessel capital, the results suggest that the groundfish fleet
merely broke even in 2004; i.e., dockside revenues were offset by the
fleet wide harvesting costs. The results also suggest a switch from the
current controlled access management program to IFQs could yield a
significant increase in resource rents in the Pacific Coast Groundfish
fishery. For instance, the analysis finds that the 2004 groundfish
catch generated zero resource rent. Instead, it could have yielded a
substantial positive rent at about $14 million.
As the model was based on the 2004 fishery, it may be useful to
show current trends in the fishery. In 2004, the shorebased non-whiting
trawl fishery generated about $30 million in ex-vessel revenues. But
according to cost estimates discussed above, this fishery
[[Page 33022]]
was at best breaking even or perhaps suffering a loss of up to $2
million. Since 2004, shorebased non-whiting trawl fisheries have
increased their revenues to about $40 million. The increases in
shorebased revenues have come from increased landings of flatfish and
sablefish and significant increase in sablefish ex-vessel prices.
Sablefish now accounts for almost half of the trawl fleet's revenues.
While revenues were increasing, so were fuel prices. Fuel costs are
about 30 to 40% of the vessels' revenues. The average 2005-2009
revenues were about $28 million, or 22 percent greater than 2004. The
average 2005-2009 fuel price was about $2.81, 70% greater than that of
2004. Therefore, it appears that 2009 fishery may not be that much
improved over that of 2004.
Based on the various models, ex-vessel revenues for the non-whiting
sector of the limited entry trawl fishery are estimated to be
approximately $30-50 million per year under the preferred alternative,
compared to $22-25 million under the no action alternative. This
revenue increase is expected to occur in a rationalized fishery,
because target species quotas can be more fully utilized. Currently, in
the non-whiting sector, cumulative landing limits for target species
have to be set lower because the bycatch of overfished species cannot
be directly controlled. Introducing accountability at the individual
vessel level by means of IFQs provides a strong incentive for bycatch
avoidance (because of the actual or implicit cost of quota needed to
cover bycatch species) and prevents the bycatch of any one vessel from
affecting the harvest opportunity of others. In addition, under the
preferred alternative, the non-whiting sector would have control over
harvest timing over the whole calendar year. Under the no action
alternative, the non-whiting sector would continue to operate under 2-
month cumulative landing limits, which reduces flexibility within the
period, because any difference between actual limits and the period
limit cannot be carried over to the next period. Finally, the ability
for vessels managed under IFQs to use other types of legal groundfish
gear could allow some increases in revenue by targeting higher-value
line or pot gear caught fish. This opportunity would mainly relate to
sablefish, which are caught in deeper water, rather than nearshore
species where state level regulatory constraints apply.
The preferred alternative may also increase ex-vessel revenues of
non-whiting trawl harvesters by changing their bargaining power with
processors over ex-vessel prices. Under the preferred alternative, the
current 2-month cumulative limits structure of the non-whiting trawl
fishery would be replaced with QP that is available for a year, thereby
extending the time horizon harvesters have to negotiate prices with
processors without losing available fishing opportunity. The extended
period would give harvesters greater latitude to hold out for better
prices compared to the no action alternative. However, it should also
be noted that these negotiations will also be affected by the
availability of target species, as well as the availability of bycatch.
Costs for the non-whiting sector of the limited entry trawl fishery
are expected to decrease under the preferred alternative because of
productivity gains related to fleet consolidation. Productivity gains
would be achieved through lower capital requirements and a move to more
efficient vessels. Operating costs for the non-whiting sector are
predicted to decrease by as much as 60 percent annually. Based on
estimates of current costs, this percentage decrease represents a $13.8
million cost reduction relative to the no action alternative.
The accumulation limits considered under the preferred alternative
are not expected to introduce cost inefficiencies in the non-whiting
sector, provided that current prices and harvest volumes do not
decrease. However, the preferred alternative would impose new costs on
the non-whiting sector that would not be incurred under the no action
alternative. First, a landings fee of up to 3 percent of the ex-vessel
value of fish harvested would be assessed under the preferred
alternative to recover management costs, such as maintenance of the
system of QS accounts. Second, new at-sea observer requirements would
be introduced, and vessels would have to pay the costs of complying
with these requirements, estimated at $500 a day if independent
contractors are hired. The daily observer cost could place a
disproportionate adverse economic burden on small businesses because
such costs would comprise a larger portion of small vessels costs than
that of larger vessels.
The increase in profits that commercial harvesters are expected to
experience under the preferred alternative may render them better able
to sustain the costs of complying with the new reporting and monitoring
requirements. The improved harvesting cost efficiency under the
preferred alternative may allow the non-whiting sector to realize
profits of $14-23 million compared to $0 or less under the no action
alternative. In addition, a provision that allows vessels managed under
the IFQ program to use other legal gear (gear switching) would allow
sablefish allocated to the trawl sector to be sold at a higher price
per pound, possibly contributing to increased profits. The imposition
of accumulation limits could reduce the expected increase in the
profitability of the non-whiting sector by restricting the amount of
expected cost savings, and the costs of at-sea observers may reduce
profits by about $2.2 million, depending on the fee structure. However,
the profits earned by the non-whiting sector would still be
substantially higher under the preferred alternative than under the no
action alternative.
New entrants are likely to face a barrier to entry in the Pacific
Coast groundfish limited entry trawl fishery in the form of the cost of
acquiring QS (or a co-op share in the case of the at-sea whiting
sector). This disadvantages them in comparison to those entities that
receive an initial allocation of harvest privileges. Small entities may
be particularly disadvantaged to the degree that they may find it more
difficult to finance such quota purchases. Among the goals the Council
identified for the adaptive management program was to use the reserved
non-whiting QS to facilitate new entry into the fishery. In addition,
the Council identified, as a trailing action, a framework to allow the
establishment and implementation of Community Fishing Associations as
part of the adaptive management program. These entities could
facilitate entry into the fishery by leasing QS at below market rates,
thereby leveling the playing field in terms of costs between initial
recipients of QS and new entrants.
The incremental effects of the preferred alternative on buyers and
processors of trawl caught groundfish are detailed Sections 4.9-4.10 of
the Rationalization of the Amendment 20 Pacific Coast Groundfish
Limited Entry Trawl Fishery DEIS. Even though processors may have to
pay fishermen higher ex-vessel prices, processors may see cost savings
under the preferred alternative to the degree that rationalization
allows greater control over the timing and location of landings.
Processors could use current plant capacity more efficiently, because
available information suggests that processing facilities are currently
underutilized. Fleet consolidation in the non-whiting sector could also
provide cost savings for processors if landings occur in fewer
locations, thereby reducing the need for facilities and/or transport.
The preferred alternative would also impose new costs on
[[Page 33023]]
processors that would not be incurred under the no action alternative.
Processors would be required to pay some or all of the costs of plant
monitors, who would verify landings. Similar to at-sea observers, these
monitors would be independent contractors rather than direct employees
of the processing firm.
In the non-whiting processing industry, harvest volumes may
increase because of a decrease in constraining species bycatch and a
subsequent increase in under-utilized target species catch. This boost
in target species catch may increase utilization of processing capital
and processing activity. (It should be noted that if under the current
system bycatch has been underreported, with 100 percent observer
coverage under the new system, the gains in increased target catches
may be less than expected.) Consequently, the possibility of capital
consolidation in the non-whiting shore-based sector may be less than in
the shore-based whiting sector. However, shifts in the distribution of
landings across ports as a result of fleet consolidation, industry
agglomeration, and the comparative advantage of ports (a function of
bycatch rates in the waters constituting the operational area for the
port, differences in infrastructure, and other factors) could lead to
consolidation in processing activity at a localized or regional scale
and an expansion in processing activity elsewhere. To mitigate harm to
adversely impacted non-whiting shoreside processors, the adaptive
management program provides a mechanism to distribute non-whiting QS to
processors, thereby ensuring that some processors receive greater
landings of groundfish than would otherwise be the case.
As noted above, the preferred alternative may reduce the power of
non-whiting shoreside processors to negotiate ex-vessel prices with
harvesters. The larger harvest volume due to bycatch avoidance may
lower processor average costs, which could offset the negative effects
on non-whiting shoreside processors of a shift in bargaining power. In
addition, QS could be purchased by processors over the long term,
thereby increasing processors' negotiation power. However, the
accumulation limits included in the preferred alternative would limit
the ability of processors to purchase substantial quantities of QS.
Alternatively, the adaptive management provision could be used to
allocate QS to non-whiting shoreside processors, thereby providing them
additional leverage when negotiating terms with harvesters.
The allocation of 20 percent of the initial shore-based whiting QS
to the shoreside processor portion of the groundfish fishery would give
these processors more influence in negotiations over ex-vessel prices
and would tend to offset the gains in bargaining power for harvesters.
For example, a processor could use QS to induce a harvester that is
short of quota pounds for a Pacific whiting trip to make deliveries
under specified conditions and prices. However, because of a reduction
in peak harvest volume, fewer processing companies and/or facilities
may be necessary to handle harvest volumes of Pacific whiting, meaning
some companies may find themselves without enough product to continue
justifying processing operations of Pacific whiting. Revenues from
harvesting and processing trawl-caught groundfish are expected to
increase. Total revenue from non-whiting trawl fisheries was $25
million in 2007. Revenue is expected to increase 1.1 to 1.6 times in a
rationalized fishery, depending on bycatch rate reductions and stock
status. Revenue increases are mainly expected because under
rationalized fisheries, target species quotas can be more fully
utilized. Currently, in the non-whiting sector, cumulative landing
limits for target species have to be set lower because the bycatch of
overfished species cannot be directly controlled. Introducing
accountability at the individual vessel level provides a strong
incentive for bycatch avoidance (because of the actual or implicit cost
of quota needed to cover bycatch species) and prevents the bycatch of
any one vessel from affecting the harvest opportunity of others.
Whiting fisheries are more directly managed through quotas, and in
recent years, by limits on bycatch. Beginning in 2009, bycatch limits
have been established for each of the three whiting sectors. For the
shore-based and mothership whiting sectors, the fishery can potentially
close before the whiting allocation is fully harvested because a
bycatch cap is reached. (The catcher-processor sector currently
operates as a voluntary co-op and is therefore better able to
coordinate harvest strategy to avoid reaching bycatch limits.) However,
in general, the whiting sectors have been able to harvest their sector
allocations. Whiting vessels could increase revenues due to improved
product recovery as a result of the ability to better control harvest
timing. As mentioned above, the ability for vessels managed under IFQs
to use other types of legal groundfish gear could allow some increases
in revenue by targeting higher-value line or pot gear caught fish.
Harvester and possibly processor costs are expected to decrease
because of productivity gains related to fleet consolidation. Cost
savings would be due to lower capital requirements and a move to more
efficient vessels in the non-whiting sector. Costs are predicted to
decrease by as much as 60 percent annually, which based on estimates of
current operating costs would represent a $13.8 million decrease.
Similar levels of consolidation are expected for shorebased and
mothership catcher vessels. Proposed mitigation measures could reduce
these costs savings. For example, a 1 percent quota share accumulation
limit could reduce cost savings by as much as 20 percent. But the
accumulation limits considered in the alternatives are not expected to
introduce higher costs at current prices and harvest volume. The
proposed action would introduce some new costs. First, up to 3 percent
of the value of landings may be assessed to cover administrative and
management costs. Second, new at-sea observer requirements would be
introduced and vessels would have to pay the cost, estimated at $350-
$500 a day.
Processors may see cost-savings to the degree that rationalization
allows greater control over the timing and location of landings.
Processors could use current plant capacity more efficiently, because
available information suggests that processing facilities are currently
underutilized. Fleet consolidation could also drive some cost savings
on the part of processors if landings occur in fewer locations. This
would reduce the need for facilities and/or transport. Under the
proposed action, processors would be required to pay the costs of plant
monitors, who would verify landings. These monitors would not be
directly employed by the processing firm but, similar to at-sea
observers, be independent contractors.
Rationalization of the groundfish trawl sector is expected to free
up capital and labor because of increases in productivity. (Since the
basic input, trawl-caught fish, is subject to an underlying constraint
due to biological productivity, increases in labor and capital
productivity are expected to reduce the amount of those inputs needed.)
However, from a national net benefit perspective these effects are
neutral since capital and labor can be put to some productive use
elsewhere in the broader economy. Also, current groundfish fishery
participants that
[[Page 33024]]
receive QS (trawl limited entry trawl permit holders and eligible
shoreside processors) are compensated to the degree that the asset
value of the QS covers capital losses.
The tracking and monitoring costs of this program will be provided
in more detail with the ``program components'' rule making. However,
the RIR/IRFA to this rule contains some preliminary estimates. After a
transition period, for the shore-based fishery, the initial estimates
of the annual federal and state agency costs to run this program are
about $5 million. Based on the observer cost of $500 per day, the
annual costs of observers monitoring is about $4 million and at $350
per day, the compliance monitor program is just over $1 million
annually. These figures add up just over $10 million. From a cost-
benefit view point, if consolidation leads to $14 million savings from
reduced harvesting costs and the new program increases the tracking and
monitoring costs of $10 million, there is a projected net gain of about
$4 million. This does not take into account expectations that costs
will likely be reduced due to consolidation or the expected increases
in revenues discussed above.
While the effect of the preferred alternative on revenues and costs
in the whiting sector of the limited entry trawl fishery is more
difficult to estimate, the lower motivation to ``race for fish'' due to
coop harvest privileges is expected to result in improved product
quality, slower-paced harvest activity, increased yield (which should
increase exvessel prices), and enhanced flexibility and ability for
business planning. The overall effect of these changes would be higher
revenues and profits for harvesters in the shoreside and mothership
portions of the whiting fishery in comparison to the no action
alternative. Under the preferred alternative, some consolidation may
occur in the shoreside and mothership sectors of the Pacific whiting
fishery, though the magnitude of consolidation is expected to be less
than in the non-whiting sector. The existing catcher-processor coop
would continue under the preferred alternative, with effects on the
catcher-processor sector that look similar, or identical, to those of
the no action alternative. However, the change from a vessel-based
limit under Amendment 15 to the permit-based limit of Amendment 21 will
provide additional flexibility that currently does not exist in the
whiting fishery.
This proposed rule would regulate businesses that harvest
groundfish and processors that wish to process limited entry trawl
groundfish. Under the RFA, the term ``small entities'' includes small
businesses, small organizations, and small governmental jurisdictions.
For small businesses, the SBA has established size criteria for all
major industry sectors in the US, including fish harvesting and fish
processing businesses. A business involved in fish harvesting is a
small business if it is independently owned and operated and not
dominant in its field of operation (including its affiliates) and if it
has combined annual receipts not in excess of $4.0 million for all its
affiliated operations worldwide. A seafood processor is a small
business if it is independently owned and operated, not dominant in its
field of operation, and employs 500 or fewer persons on a full time,
part time, temporary, or other basis, at all its affiliated operations
worldwide. A business involved in both the harvesting and processing of
seafood products is a small business if it meets the $4.0 million
criterion for fish harvesting operations. A wholesale business
servicing the fishing industry is a small business if it employs 100 or
fewer persons on a full time, part time, temporary, or other basis, at
all its affiliated operations worldwide. For marinas and charter/party
boats, a small business is one with annual receipts not in excess of
$7.0 million. The RFA defines a small organization as any nonprofit
enterprise that is independently owned and operated and is not dominant
in its field. The RFA defines small governmental jurisdictions as
governments of cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than 50,000.
NMFS makes the following conclusions based primarily on analyses
associated with fish ticket data and limited entry permit data,
available employment data provided by processors, information on the
charterboat and tribal fleets, and available industry responses to on-
going survey on ownership. Entities were analyzed as to whether they
were only affected by the Amendment 21 allocation processes (non-
trawl), or if they were affected by both Amendment 20 and 21 (trawl).
The non-trawl businesses are associated with the following fleets:
Limited entry fixed gear (approximately 150 companies), open access
groundfish (1,100), charterboats (465), and the tribal fleet (four
tribes with 66 vessels). Available information on average revenue per
vessel suggests that all the entities in this group can be considered
small.
For the trawl sector, there are 177 permit holders. Nine limited
entry trawl permits are associated with the catcher-processing vessels
which are considered ``large'' companies. Of the remaining 168 limited
entry permits, 25 limited entry trawl permits are either owned or
closely associated with a ``large'' shore-based processing company or
with a non-profit organization who considers itself a ``large''
organization. Nine other permit owners indicated that they were large
``companies.'' Almost all of these companies are associated with the
shorebased and mothership whiting fisheries. The remaining 134 limited
entry trawl permits are projected to be held ``small'' companies. Three
of the six mothership processors are ``large'' companies. Within the 14
shorebased whiting first receivers/processors, there are four ``large''
companies. Including the shorebased whiting first receivers, in 2008,
there were 75 first receivers that purchased limited entry trawl
groundfish. There were 36 small purchasers (less than $150,000); 26
medium purchasers (purchases greater than $150,000 but less than
$1,000,000); and 13 large purchasers (purchases greater than $1.0
million). Because of the costs of obtaining a ``processor site
license'', procuring and scheduling a catch monitor, and installing and
using the electronic fish ticket software, these ``small'' purchasers
will likely opt out of buying groundfish, or make arrangements to
purchase fish from another company that has obtained a processing site
license.
The major impacts of this rule appear to be on three groups:
Shoreside processors which are a mix of large and small processors; and
shore-based trawlers which are also a mix of large and small companies.
The non-whiting shore-based trawlers are currently operating at a loss
or at best are ``breaking even.'' The new rationalization program would
lead to profitability, but only with a reduction of about 60 percent of
the fleet. This program would lead to major changes in the fishery. To
help mitigate against these changes, as discussed above, the agency has
announced its intent, subject to available Federal funding, that
participants would initially be responsible for 10 percent of the cost
of hiring observers and catch monitors. The industry proportion of the
costs of hiring observers and catch monitors would be increased every
year so that by 2014, once the fishery has transitioned to the
rationalization program, the industry would be responsible for 100
percent of the cost of hiring the observers and catch monitors. NMFS
believes that an incrementally reduced subsidy to industry funding
would
[[Page 33025]]
enhance the observer and catch monitor program's stability, ensure 100
percent observer and catch monitor coverage, and facilitate the
industries' successful transition to the new quota system. In addition,
to help mitigate against the negative impacts of this program, the
Council has adopted an Adaptive Management Program where starting in
year 3 of the program, 10 percent of non-whiting QS would be set aside
every year to address community impacts and industry transition needs.
After reviewing the initial effects of ITQ programs in other parts of
the world, the council had placed a short term QS trading prohibition
so that fishermen can learn from their experiences and not make
premature sales of their QS. The Council is also envisioning future
regulatory processes that would allow community fisheries associations
to be established to help aid communities and fishermen.
A summary of the proposed action is as follows. The proposed action
is to replace the current, primary management tool used to control the
West Coast groundfish trawl catch--a system of 2-month cumulative
landing limits for most species and season closures for whiting--with a
system requiring more individual accountability by the assignment of
limited access privileges (LAPs). LAPs are a form of output control
whereby an individual fisherman, community, or other entity is granted
the privilege to catch a specified portion of the total allowable catch
(TAC). The alternatives include (1) a catch-based IFQ system where all
groundfish catch (landings plus bycatch) by LE trawl vessels would
count against a vessel's IFQ holdings, which could be applied to the
whole groundfish trawl fishery or selected trawl sectors; and (2) a
system of coops that would be applied to one or more of the fishery
sectors that target Pacific whiting. The status quo alternative (no
action) could also be considered for application to one or more trawl
fishery sectors even if one or both action alternatives (IFQs or coops)
are chosen for the other trawl sectors.
The description of purpose and need in section 1.2 of the Amendment
20 DEIS also outlines the objectives of the proposed action. The
introductory paragraph in Chapter 1 and section 1.3 of the DEIS,
background to the purpose and need, provide information on the legal
basis for the proposed action (proposed rule). The Council articulated
the following goal for the trawl rationalization program: ``Create and
implement a capacity rationalization plan that increases net economic
benefits, creates individual economic stability, provides for full
utilization of the trawl sector allocation, considers environmental
impacts, and achieves individual accountability of catch and bycatch.''
The objectives supporting this goal are: Provide a mechanism for total
catch accounting; provide for a viable, profitable, and efficient
groundfish fishery; promote practices that reduce bycatch and discard
mortality, and minimize ecological impacts; increase operational
flexibility; minimize adverse effects from an IFQ program on fishing
communities and other fisheries to the extent practical; promote
measurable economic and employment benefits through the seafood
catching, processing, distribution elements, and support sectors of the
industry; provide quality product for the consumer; and increase safety
in the fishery.
As part of the proposed action, NMFS would be placing observers
and/or cameras on board all catcher vessels in the shore-based sector
(which combines the current shore-based whiting and non-whiting trawl
sectors). Existing requirements for motherships, catcher vessels in the
MS sector, and C/Ps would continue. Independently contracted processing
plant monitors would track landings. Also, there would be new reporting
requirements related to the tracking of QS and QP in the shore-based
fishery.
No Federal rules have been identified that duplicate, overlap, or
conflict with the alternatives. Public comment is hereby solicited,
identifying such rules. A copy of this analysis is available from NMFS
(see ADDRESSES).
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for approval. Public
reporting burden for the QS Initial Issuance/QS Permit Application is
estimated to average 6 hours per response (180 responses). Public
reporting burden for the MS Permit Application is estimated to average
1 hour per response (6 responses). Public reporting burden for the MS/
CV Endorsement Application is estimated to average 2 hours per response
(30 responses). Public reporting burden for the C/P Endorsement
Application is estimated to average 30 minutes per response (10
responses). Public reporting burden for the Ownership Interest form is
estimated to average 30 minutes per response (216 responses). Public
reporting burden for the Appeals is estimated to average 6 hours per
response (100 responses). These estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection information.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS,
Northwest Region, at the ADDRESSES section above; e-mail to [email protected]; or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
NMFS issued Biological Opinions under the Endangered Species Act
(ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September
27, 1993, May 14, 1996, and December 15, 1999 pertaining to the effects
of the Pacific Coast groundfish FMP fisheries on Chinook salmon (Puget
Sound, Snake River spring/summer, Snake River fall, upper Columbia
River spring, lower Columbia River, upper Willamette River, Sacramento
River winter, Central Valley spring, California coastal), coho salmon
(Central California coastal, southern Oregon/northern California
coastal), chum salmon (Hood Canal summer, Columbia River), sockeye
salmon (Snake River, Ozette Lake), and steelhead (upper, middle and
lower Columbia River, Snake River Basin, upper Willamette River,
central California coast, California Central Valley, south/central
California, northern California, southern California). These biological
opinions have concluded that implementation of the FMP for the Pacific
Coast groundfish fishery was not expected to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS, or result in the destruction or adverse
modification of critical habitat.
NMFS reinitiated a formal section 7 consultation under the ESA in
2005 for both the Pacific whiting midwater trawl fishery and the
groundfish bottom trawl fishery. The December 19, 1999,
[[Page 33026]]
Biological Opinion had defined an 11,000 Chinook incidental take
threshold for the Pacific whiting fishery. During the 2005 Pacific
whiting season, the 11,000 fish Chinook incidental take threshold was
exceeded, triggering reinitiation. Also in 2005, new data from the West
Coast Groundfish Observer Program became available, allowing NMFS to
complete an analysis of salmon take in the bottom trawl fishery.
NMFS prepared a Supplemental Biological Opinion dated March 11,
2006, which addressed salmon take in both the Pacific whiting midwater
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental
Biological Opinion, NMFS concluded that catch rates of salmon in the
2005 whiting fishery were consistent with expectations considered
during prior consultations. Chinook bycatch has averaged about 7,300
fish over the last 15 years and has only occasionally exceeded the
reinitiation trigger of 11,000 fish.
Since 1999, annual Chinook bycatch has averaged about 8,450 fish.
The Chinook ESUs most likely affected by the whiting fishery have
generally improved in status since the 1999 section 7 consultation.
Although these species remain at risk, as indicated by their ESA
listing, NMFS concluded that the higher observed bycatch in 2005 does
not require a reconsideration of its prior ``no jeopardy'' conclusion
with respect to the fishery. For the groundfish bottom trawl fishery,
NMFS concluded that incidental take in the groundfish fisheries is
within the overall limits articulated in the Incidental Take Statement
of the 1999 Biological Opinion. The groundfish bottom trawl limit from
that opinion was 9,000 fish annually. NMFS will continue to monitor and
collect data to analyze take levels. NMFS also reaffirmed its prior
determination that implementation of the Groundfish FMP is not likely
to jeopardize the continued existence of any of the affected ESUs.
Lower Columbia River coho (70 FR 37160, June 28, 2005) were
recently listed and Oregon Coastal coho (73 FR 7816, February 11, 2008)
were recently relisted as threatened under the ESA. The 1999 biological
opinion concluded that the bycatch of salmonids in the Pacific whiting
fishery were almost entirely Chinook salmon, with little or no bycatch
of coho, chum, sockeye, and steelhead. The Southern Distinct Population
Segment (DPS) of green sturgeon (71 FR 17757, April 7, 2006) were also
recently listed as threatened under the ESA. As a consequence, NMFS has
reinitiated its Section 7 consultation on the PFMC's Groundfish FMP.
After reviewing the available information, NMFS concluded that, in
keeping with Sections 7(a)(2) and 7(d) of the ESA, the proposed action
would not result in any irreversible or irretrievable commitment of
resources that would have the effect of foreclosing the formulation or
implementation of any reasonable and prudent alternative measures.
This proposed rule was developed after meaningful consultation and
collaboration with the tribal representative on the Council who has
agreed with the provisions that apply to tribal vessels.
This action does not conflict with the provisions implemented to
protect migratory birds. Vessels participating in the limited entry
trawl fishery rarely interact with migratory birds or their habitat.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: May 27, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR Chapter IX and 50
CFR Chapter VI are proposed to be amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. Amend the table in Sec. 902.1(b) under 50 CFR by:
a. Removing the entries and corresponding OMB numbers for
Sec. Sec. 660.303, 660.305, 660.322, 660.323, 660.333, and 660.337.
b. Adding new entries and corresponding OMB numbers for Sec. Sec.
660.20, 660.25, 660.55, 660.113, 660.131, 660.213, 660.219, 660.313,
660.319, and 660.353.
The additions read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) Display.
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
660.20.................................... -0355
660.25.................................... -0203
660.55.................................... -0243 and -0352
660.113................................... -0271
660.131................................... -0243
660.213................................... -0271
660.219................................... -0355
660.313................................... -0271
660.319................................... -0355
660.353................................... -0271
* * * * *
------------------------------------------------------------------------
50 CFR CHAPTER VI
PART 660--FISHERIES OFF WEST COAST STATES
3. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
4. Add subparts C through F to read as follows:
Subpart C--West Coast Groundfish Fisheries
Sec.
660.10 Purpose and scope.
660.11 General definitions.
660.12 General groundfish prohibitions.
660.13 Recordkeeping and reporting.
660.14 Vessel Monitoring System (VMS) requirements.
660.15 Equipment requirements.
660.16 Groundfish observer program.
660.17 Catch monitors and catch monitor service providers
[Reserved].
660.18 Certification and decertification procedures for observers,
catch monitors, catch monitor providers and observer providers.
660.20 Vessel and gear identification.
660.24 Limited entry and open access fisheries
660.25 Permits.
660.26 Pacific whiting vessel licenses.
660.30 Compensation with fish for collecting resource information--
EFPs.
660.40 Overfished species rebuilding plans.
660.50 Pacific coast treaty Indian fisheries.
660.55 Allocations.
660.60 Specifications and management measures.
660.65 Groundfish harvest specifications.
Table 1d to Part 660, Subpart C--2011 At-sea whiting fishery set-
asides.
Table 2d to Part 660, Subpart C--2012 At-sea whiting fishery set-
asides.
[[Page 33027]]
Subpart D--West Coast Groundfish--Limited Entry Trawl Fisheries
660.100 Purpose and scope.
660.111 Trawl fishery--definitions.
660.112 Trawl fishery--prohibitions.
660.113 Trawl fishery--recordkeeping and reporting
660.116 Trawl fishery--observer requirements.
660.120 Trawl fishery--crossover provisions.
660.130 Trawl fishery--management measures.
660.131 Pacific whiting fishery management measures.
660.140 Shorebased IFQ program.
660.150 Mothership (MS) coop program.
660.160 Catcher/processor (C/P) coop program.
Subpart E--West Coast Groundfish--Limited Entry Fixed Gear Fisheries
660.210 Purpose and scope.
660.211 Fixed gear fishery--definitions.
660.212 Fixed gear fishery--prohibitions.
660.213 Fixed gear fishery--recordkeeping and reporting.
660.216 Fixed gear fishery--observer requirements.
660.219 Fixed gear identification and marking.
660.220 Fixed gear fishery--crossover provisions.
660.230 Fixed gear fishery--management measures.
660.231 Limited entry fixed gear primary fishery for sablefish.
660.232 Limited entry daily trip limit (DTL) fishery for sablefish
Subpart F--West Coast Groundfish--Open Access Fisheries
660.310 Purpose and scope.
660.311 Open access fishery--definitions.
660.312 Open access fishery--prohibitions.
660.313 Open access fishery--recordkeeping and reporting.
660.316 Open access fishery--observer requirements.
660.319 Open access fishery gear identification and marking.
660.320 Open access fishery--crossover provisions.
660.330 Open access fishery--management measures.
660.332 Open access daily trip limit (DTL) fishery for sablefish.
660.333 Open access non-groundfish trawl fishery--management
measures.
Subpart C--West Coast Groundfish Fisheries
Sec. 660.10 Purpose and scope.
(a) Subparts C through G of this part implement the Pacific Coast
Groundfish Fishery Management Plan (PCGFMP) developed by the Pacific
Fishery Management Council. Subparts C through G govern fishing vessels
of the U.S. in the EEZ off the coasts of Washington, Oregon, and
California. All weights are in round weight or round-weight
equivalents, unless specified otherwise.
(b) Any person fishing subject to subparts C through G of this part
is bound by the international boundaries described in this section,
notwithstanding any dispute or negotiation between the U.S. and any
neighboring country regarding their respective jurisdictions, until
such time as new boundaries are established or recognized by the U.S.
Sec. 660.11 General definitions.
These definitions are specific to the fisheries covered in subparts
C through G of this part.
Active sampling unit means the portion of the groundfish fleet in
which an observer coverage plan is being applied.
Address of Record means the business address a person has provided
to NMFS for NMFS use in providing notice of agency actions and other
business with that person.
Allocation. (See Sec. 600.10 of this chapter)
Base permit, with respect to a limited entry permit stacking
program, means a limited entry permit described at Sec.
660.25(b)(3)(i), subpart C registered for use with a vessel that meets
the permit length endorsement requirements appropriate to that vessel,
as described at Sec. 660.25(b)(3)(iii), subpart C.
Biennial fishing period means a 24-month period beginning at 0001
local time on January 1 and ending at 2400 local time on December 31 of
the subsequent year.
BMSY means the biomass level that produces maximum sustainable
yield (MSY), as stated in the PCGFMP at Section 4.2.
Calendar day means the day beginning at 0001 hours local time and
continuing for 24 consecutive hours.
Calendar year. (see ``fishing year'')
Catch, take, harvest. (See Sec. 600.10 of this chapter)
Catch monitor means an individual that is certified by NMFS, is
deployed to a first receiver, and whose primary duties include:
Monitoring and verification of the sorting of fish relative to federal
requirements defined in Sec. 660.60, subpart C; documentation of the
weighing of fish relative to the requirements of Sec. 660.13, subpart
C; and verification of first receivers reporting relative to the
requirements defined in Sec. 660.113, subpart D.
Change in partnership or corporation means the addition of a new
shareholder or partner to the corporate or partnership membership. This
definition of a ``change'' will apply to any person added to the
corporate or partnership membership since November 1, 2000, including
any family member of an existing shareholder or partner. A change in
membership is not considered to have occurred if a member dies or
becomes legally incapacitated and a trustee is appointed to act on his
behalf, nor if the ownership of shares among existing members changes,
nor if a member leaves the corporation or partnership and is not
replaced. Changes in the ownership of publicly held stock will not be
deemed changes in ownership of the corporation.
Closure or closed means, when referring to closure of a fishery or
a closed fishery, that taking and retaining, possessing, or landing the
particular species or species group covered by the fishing closure is
prohibited. Unless otherwise announced in the Federal Register or
authorized in this subpart, offloading must begin before the closure
time.
Commercial fishing means:
(1) Fishing by a person who possesses a commercial fishing license
or is required by law to possess such license issued by one of the
states or the Federal Government as a prerequisite to taking, landing
and/or sale of fish; or
(2) Fishing that results in or can be reasonably expected to result
in sale, barter, trade or other disposition of fish for other than
personal consumption.
Commercial harvest guideline or commercial quota means the fishery
harvest guideline minus the estimated recreational catch. Limited entry
and open access allocations are derived from the commercial harvest
guideline or quota.
Conservation area(s) means either a Groundfish Conservation Area
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
(1) Groundfish Conservation Area or GCA means a geographic area
defined by coordinates expressed in degrees latitude and longitude,
wherein fishing by a particular gear type or types may be prohibited.
GCAs are created and enforced for the purpose of contributing to the
rebuilding of overfished West Coast groundfish species. Regulations at
Sec. 660.70, Subpart C define coordinates for these polygonal GCAs:
Yelloweye Rockfish Conservation Areas, Cowcod Conservation Areas,
waters encircling the Farallon Islands, and waters encircling the
Cordell Banks. GCAs also include Rockfish Conservation Areas or RCAs,
which are areas closed to fishing by particular gear types, bounded by
lines approximating particular depth contours. RCA boundaries may and
do change seasonally according to the conservation needs of the
different overfished species. Regulations at Sec. Sec. 660.70 through
660.74, subpart C
[[Page 33028]]
define RCA boundary lines with latitude/longitude coordinates;
regulations at Tables 1 (North) and 1 (South) of subpart D, Tables 2
(North) and 2 (South) of subpart E, and Tables 3 (North) and 3 (South)
of subpart F set RCA seasonal boundaries. Fishing prohibitions
associated with GCAs are in addition to those associated with EFH
Conservation Areas.
(2) Essential Fish Habitat Conservation Area or EFHCA means a
geographic area defined by coordinates expressed in degrees latitude
and longitude, wherein fishing by a particular gear type or types may
be prohibited. EFHCAs are created and enforced for the purpose of
contributing to the protection of West Coast groundfish essential fish
habitat. Regulations at Sec. Sec. 660.75, through 660.79, Subpart C
define EFHCA boundary lines with latitude/longitude coordinates.
Fishing prohibitions associated with EFHCAs, which are found at Sec.
660.12, subpart C, are in addition to those associated with GCAs.
Continuous transiting or transit through means that a fishing
vessel crosses a groundfish conservation area or EFH conservation area
on a constant heading, along a continuous straight line course, while
making way by means of a source of power at all times, other than
drifting by means of the prevailing water current or weather
conditions.
Corporation means a legal, business entity, including incorporated
(INC) and limited liability corporations (LLC).
Council means the Pacific Fishery Management Council, including its
Groundfish Management Team (GMT), Scientific and Statistical Committee
(SSC), Groundfish Advisory Subpanel (GAP), and any other advisory body
established by the Council.
Date of landing means the date on which the transfer of fish or
offloading of fish from any vessel to a processor or other first
receiver begins.
Direct financial interest means any source of income to or capital
investment or other interest held by an individual, partnership, or
corporation or an individual's spouse, immediate family member or
parent that could be influenced by performance or non-performance of
observer or catch monitor duties.
Electronic fish ticket means a software program or data files
meeting data export specifications approved by NMFS that is used to
send landing data to the Pacific States Marine Fisheries Commission.
Electronic fish tickets are used to collect information similar to the
information required in state fish receiving tickets or landing
receipts, but do not replace or change any state requirements.
Electronic Monitoring System or EMS means a data collection tool
that uses a software operating system connected to an assortment of
electronic components, including video recorders, to create a
collection of data on vessel activities.
Endorsement means an additional specification affixed to the
limited entry permit that further restricts fishery participation or
further specifies a harvest privilege, and is non-severable from a
limited entry permit.
Entity. (See ``Person'')
Essential Fish Habitat or EFH. (See Sec. 600.10 of this chapter)
First Receiver means a person who receives, purchases, or takes
custody, control, or possession of catch onshore directly from a
vessel.
Fish. (See Sec. 600.10 of this chapter)
Fishery. (See Sec. 600.10 of this chapter)
Fishery harvest guideline means the harvest guideline or quota
after subtracting from the OY any allocation for the Pacific Coast
treaty Indian tribes, projected research catch, deductions for fishing
mortality in non-groundfish fisheries, as necessary, and set-asides for
EFPs.
Fishery management area means the EEZ off the coasts of Washington,
Oregon, and California between 3 and 200 nm offshore, and bounded on
the north by the Provisional International Boundary between the U.S.
and Canada, and bounded on the south by the International Boundary
between the U.S. and Mexico. The inner boundary of the fishery
management area is a line coterminous with the seaward boundaries of
the States of Washington, Oregon, and California (the ``3-mile
limit''). The outer boundary of the fishery management area is a line
drawn in such a manner that each point on it is 200 nm from the
baseline from which the territorial sea is measured, or is a
provisional or permanent international boundary between the U.S. and
Canada or Mexico. All groundfish possessed between 0-200 nm offshore or
landed in Washington, Oregon, or California are presumed to have been
taken and retained from the EEZ, unless otherwise demonstrated by the
person in possession of those fish.
Fishing. (See Sec. 600.10 of this chapter)
Fishing gear includes the following types of gear and equipment:
(1) Bottom contact gear means fishing gear designed or modified to
make contact with the bottom. This includes, but is not limited to,
beam trawl, bottom trawl, dredge, fixed gear, set net, demersal seine,
dinglebar gear, and other gear (including experimental gear) designed
or modified to make contact with the bottom. Gear used to harvest
bottom dwelling organisms (e.g. by hand, rakes, and knives) are also
considered bottom contact gear for purposes of this subpart.
(2) Demersal seine means a net designed to encircle fish on the
seabed. The demersal seine is characterized by having its net bounded
by lead-weighted ropes that are not encircled with bobbins or rollers.
Demersal seine gear is fished without the use of steel cables or otter
boards (trawl doors). Scottish and Danish Seines are demersal seines.
Purse seines, as defined at Sec. 600.10 of this chapter, are not
demersal seines. Demersal seine gear is included in the definition of
bottom trawl gear in paragraph (11)(i) of this definition.
(3) Dredge gear means a gear consisting of a metal frame attached
to a holding bag constructed of metal rings or mesh. As the metal frame
is dragged upon or above the seabed, fish are pushed up and over the
frame, then into the mouth of the holding bag.
(4) Entangling nets include the following types of net gear:
(i) Gillnet. (See Sec. 600.10 of this chapter)
(ii) Set net means a stationary, buoyed, and anchored gillnet or
trammel net.
(iii) Trammel net means a gillnet made with two or more walls
joined to a common float line.
(5) Fixed gear (anchored nontrawl gear) means the following gear
types: Longline, trap or pot, set net, and stationary hook-and-line
(including commercial vertical hook-and-line) gears.
(6) Hook-and-line means one or more hooks attached to one or more
lines. It may be stationary (commercial vertical hook-and-line) or
mobile (troll).
(i) Bottom longline means a stationary, buoyed, and anchored
groundline with hooks attached, so as to fish along the seabed. It does
not include pelagic hook-and-line or troll gear.
(ii) Commercial vertical hook-and-line means commercial fishing
with hook-and-line gear that involves a single line anchored at the
bottom and buoyed at the surface so as to fish vertically.
(iii) Dinglebar gear means one or more lines retrieved and set with
a troll gurdy or hand troll gurdy, with a terminally attached weight
from which one or more leaders with one or more lures or baited hooks
are pulled through the water while a vessel is making way.
(iv) Troll gear means a lure or jig towed behind a vessel via a
fishing line. Troll gear is used in commercial and recreational
fisheries.
[[Page 33029]]
(7) Mesh size means the opening between opposing knots. Minimum
mesh size means the smallest distance allowed between the inside of one
knot to the inside of the opposing knot, regardless of twine size.
(8) Nontrawl gear means all legal commercial groundfish gear other
than trawl gear.
(9) Spear means a sharp, pointed, or barbed instrument on a shaft.
(10) Trap or pot See Sec. 600.10 of this chapter, definition of
``trap''. These terms are used as interchangeable synonyms.
(11) Trawl gear means a cone or funnel-shaped net that is towed
through the water, and can include a pair trawl that towed
simultaneously by two boats. For the purpose of this definition, trawl
gear includes groundfish and non-groundfish trawl. See definitions for
groundfish trawl and non-groundfish trawls (previously called
``exempted trawl'').
(i) Bottom trawl means a trawl in which the otter boards or the
footrope of the net are in contact with the seabed. It includes
demersal seine gear, and pair trawls fished on the bottom. Any trawl
not meeting the requirements for a midwater trawl in Sec. 660.130(b),
subpart D is a bottom trawl.
(A) Beam trawl gear means a type of trawl gear in which a beam is
used to hold the trawl open during fishing. Otter boards or doors are
not used.
(B) Large footrope trawl gear means a bottom trawl gear with a
footrope diameter larger than 8 inches (20 cm,) and no larger than 19
inches (48 cm) including any rollers, bobbins, or other material
encircling or tied along the length of the footrope.
(C) Small footrope trawl gear means a bottom trawl gear with a
footrope diameter of 8 inches (20 cm) or smaller, including any
rollers, bobbins, or other material encircling or tied along the length
of the footrope. Selective flatfish trawl gear that meets the gear
component requirements in Sec. 660.130(b), subpart D is a type of
small footrope trawl gear.
(ii) Midwater (pelagic or off-bottom) trawl means a trawl in which
the otter boards and footrope of the net remain above the seabed. It
includes pair trawls if fished in midwater. A midwater trawl has no
rollers or bobbins on any part of the net or its component wires,
ropes, and chains. For additional midwater trawl gear requirements and
restrictions, see Sec. 660.130(b), subpart D.
(iii) Trawl gear components include:
(A) Breastline means a rope or cable that connects the end of the
headrope and the end of the trawl fishing line along the edge of the
trawl web closest to the towing point.
(B) Chafing gear means webbing or other material attached to the
codend of a trawl net to protect the codend from wear.
(C) Codend. (See Sec. 600.10 of this chapter)
(D) Double-bar mesh means webbing comprised of two lengths of twine
tied into a single knot.
(E) Double-walled codend means a codend constructed of two walls
(layers) of webbing.
(F) Footrope means a chain, rope, or wire attached to the bottom
front end of the trawl webbing forming the leading edge of the bottom
panel of the trawl net, and attached to the fishing line.
(G) Headrope means a chain, rope, or wire attached to the trawl
webbing forming the leading edge of the top panel of the trawl net.
(H) Rollers or bobbins means devices made of wood, steel, rubber,
plastic, or other hard material that encircle the trawl footrope. These
devices are commonly used to either bounce or pivot over seabed
obstructions, in order to prevent the trawl footrope and net from
snagging on the seabed.
(I) Single-walled codend means a codend constructed of a single
wall of webbing knitted with single or double-bar mesh.
(J) Trawl fishing line means a length of chain, rope, or wire rope
in the bottom front end of a trawl net to which the webbing or lead
ropes are attached.
(K) Trawl riblines means a heavy rope or line that runs down the
sides, top, or underside of a trawl net from the mouth of the net to
the terminal end of the codend to strengthen the net during fishing.
Fishing or Calendar year means the year beginning at 0001 local
time on January 1 and ending at 2400 local time on December 31 of the
same year. There are two fishing years in each biennial fishing period.
Fishing trip means a period of time between landings when fishing
is conducted.
Fishing vessel. (See Sec. 600.10 of this chapter)
Grandfathered or first generation, when referring to a limited
entry sablefish-endorsed permit owner, means those permit owners who
owned a sablefish-endorsed limited entry permit prior to November 1,
2000, and are, therefore, exempt from certain requirements of the
sablefish permit stacking program within the parameters of the
regulations at Sec. 660.25(b), subpart C and Sec. 660.231, subpart E.
Groundfish means species managed by the PCGFMP, specifically:
(1) Sharks: leopard shark, Triakis semifasciata; soupfin shark,
Galeorhinus zyopterus; spiny dogfish, Squalus acanthias.
(2) Skates: big skate, Raja binoculata; California skate, R.
inornata; longnose skate, R. rhina.
(3) Ratfish: ratfish, Hydrolagus colliei.
(4) Morids: finescale codling, Antimora microlepis.
(5) Grenadiers: Pacific rattail, Coryphaenoides acrolepis.
(6) Roundfish: cabezon, Scorpaenichthys marmoratus; kelp greenling,
Hexagrammos decagrammus; lingcod, Ophiodon elongatus; Pacific cod,
Gadus macrocephalus; Pacific whiting, Merluccius productus; sablefish,
Anoplopoma fimbria.
(7) Rockfish: In addition to the species below, longspine
thornyhead, S. altivelis, and shortspine thornyhead, S. alascanus,
``rockfish'' managed under the PCGFMP include all genera and species of
the family Scorpaenidae that occur off Washington, Oregon, and
California, even if not listed below. The Scorpaenidae genera are
Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus. Where species
below are listed both in a major category (nearshore, shelf, slope) and
as an area-specific listing (north or south of 40[deg]10' N. lat.)
those species are considered ``minor'' in the geographic area listed.
(i) Nearshore rockfish includes black rockfish, Sebastes melanops
and the following minor nearshore rockfish species:
(A) North of 40[deg]10' N. lat.: black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli; China rockfish, S. nebulosus;
copper rockfish, S. caurinus; gopher rockfish, S. carnatus; grass
rockfish, S. rastrelliger; kelp rockfish, S. atrovirens; olive
rockfish, S. serranoides; quillback rockfish, S. maliger; treefish,. S.
serriceps
(B) South of 40[deg]10' N. lat., nearshore rockfish are divided
into three management categories:
(1) Shallow nearshore rockfish consists of black and yellow
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens.
(2) Deeper nearshore rockfish consists of black rockfish, S.
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus;
calico rockfish, S. dalli; copper rockfish, S. caurinus; olive
rockfish, S. serranoides; quillback rockfish, S. maliger; treefish, S.
serriceps.
(3) California scorpionfish, Scorpaena guttata.
[[Page 33030]]
(ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis;
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas;
yelloweye rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and
the following minor shelf rockfish species:
(A) North of 40[deg]10' N. lat.: Bronzespotted rockfish, S. gilli;
bocaccio, S. paucispinis; chameleon rockfish, S. phillipsi;
chilipepper, S. goodei; cowcod, S. levis; dusky rockfish, S. ciliatus;
dwarf-red, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S.
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus;
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus;
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S.
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S.
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S.
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S.
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S.
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S.
nigrocinctus; vermilion rockfish, S. miniatus.
(B) South of 40[deg]10' N. lat.: Bronzespotted rockfish, S. gilli;
chameleon rockfish, S. phillipsi; dusky rockfish, S. ciliatus; dwarf-
red rockfish, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S.
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus;
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus;
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S.
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S.
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S.
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S.
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S.
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S.
nigrocinctus; vermilion rockfish, S. miniatus; yellowtail rockfish, S.
flavidus.
(iii) Slope rockfish includes darkblotched rockfish, S. crameri;
Pacific ocean perch, S. alutus; splitnose rockfish, S. diploproa; and
the following minor slope rockfish species:
(A) North of 40[deg]10' N. lat.: Aurora rockfish, Sebastes aurora;
bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; redbanded
rockfish, S. babcocki; rougheye rockfish, S. aleutianus; sharpchin
rockfish, S. zacentrus; shortraker rockfish, S. borealis; splitnose
rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
(B) South of 40[deg]10' N. lat.: Aurora rockfish, Sebastes aurora;
bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; Pacific
ocean perch, S. alutus; redbanded rockfish, S. babcocki; rougheye
rockfish, S. aleutianus; sharpchin rockfish, S. zacentrus; shortraker
rockfish, S. borealis; yellowmouth rockfish, S. reedi.
(8) Flatfish: Arrowtooth flounder (arrowtooth turbot), Atheresthes
stomias; butter sole, Isopsetta isolepis; curlfin sole, Pleuronichthys
decurrens; Dover sole, Microstomus pacificus; English sole, Parophrys
vetulus; flathead sole, Hippoglossoides elassodon; Pacific sanddab,
Citharichthys sordidus; petrale sole, Eopsetta jordani; rex sole,
Glyptocephalus zachirus; rock sole, Lepidopsetta bilineata; sand sole,
Psettichthys melanostictus; starry flounder, Platichthys stellatus.
Where regulations of subparts C through G of this part refer to
landings limits for ``other flatfish,'' those limits apply to all
flatfish cumulatively taken except for those flatfish species
specifically listed in Tables 1a and 2a of this subpart. (i.e., ``other
flatfish'' includes butter sole, curlfin sole, flathead sole, Pacific
sanddab, rex sole, rock sole, and sand sole.)
(9) ``Other fish'': Where regulations of subparts C through G of
this part refer to landings limits for ``other fish,'' those limits
apply to all groundfish listed here in paragraphs (1) through (8) of
this definition except for the following: Those groundfish species
specifically listed in Tables 1a and 2a of this subpart with an ABC for
that area (generally north and/or south of 40[deg]10' N. lat.); and
Pacific cod and spiny dogfish coastwide. (i.e., ``other fish'' may
include all sharks (except spiny dogfish), skates, ratfish, morids,
grenadiers, and kelp greenling listed in this section, as well as
cabezon in the north.)
(10) ``DTS complex'': Where regulations of subparts C through G of
this part refer to ``DTS complex'' species, that group of species
includes Dover sole, shortspine thornyhead, longspine thornyhead, and
sablefish.
Groundfish trawl means trawl gear that is used under the authority
of a valid limited entry permit issued under subparts C and D of this
part endorsed for trawl gear and which meets the gear requirements
specified in subpart D of this part. It does not include any type of
trawl gear listed as non-groundfish trawl gear (previously called
``exempted gear'').
Harvest guideline means a specified numerical harvest objective
that is not a quota. Attainment of a harvest guideline does not require
closure of a fishery.
Incidental catch or incidental species means groundfish species
caught while fishing for the primary purpose of catching a different
species.
Initial Administrative Determination (IAD) means a formal, written
determination made by NMFS on an application or permit request, that is
subject to an appeal within NMFS.
Land or landing means to begin transfer of fish, offloading fish,
or to offload fish from any vessel. Once transfer of fish begins, all
fish aboard the vessel are counted as part of the landing.
Legal fish means fish legally taken and retained, possessed, or
landed in accordance with the provisions of 50 CFR part 660, subparts C
through G, the Magnuson-Stevens Act, any document issued under part
660, and any other regulation promulgated or permit issued under the
Magnuson-Stevens Act.
Length overall or LOA (with respect to a vessel) means the length
overall set forth in the Certificate of Documentation (CG-1270) issued
by the USCG for a documented vessel, or in a registration certificate
issued by a state or the USCG for an undocumented vessel; for vessels
that do not have the LOA stated in an official document, the LOA is the
LOA as determined by the USCG or by a marine surveyor in accordance
with the USCG method for measuring LOA.
License owner means a person who is the owner of record with NMFS,
SFD, Permits Office of a License issued under Sec. 660.140, subpart D.
Limited entry fishery means the fishery composed of vessels
registered for use with limited entry permits.
Limited entry gear means longline, trap (or pot), or groundfish
trawl gear used under the authority of a valid limited entry permit
affixed with an endorsement for that gear.
Limited entry permit means:
(1) The Federal permit required to fish in the limited entry ``A''
endorsed fishery, and includes any gear, size, or species endorsements
affixed to the permit, or
(2) The Federal permit required to receive and process fish as a
mothership processor.
Maximum Sustainable Yield or MSY. (See Sec. 600.310 of this
chapter.)
Mobile transceiver unit means a vessel monitoring system or VMS
device, as set forth at Sec. 660.14, subpart C installed on board a
vessel that is used for vessel
[[Page 33031]]
monitoring and transmitting the vessel's position as required by
subpart C.
Non-groundfish fishery means any fishing using non-groundfish trawl
gear or nontrawl gear when targeting salmon, HMS, CPS, crab, prawn, or
any other species not managed under the PCGFMP. Non-groundfish fishery
is sometimes referred to as the incidental open access fishery in which
groundfish could be encountered with the gear used, regardless of
whether groundfish is retained.
Non-groundfish trawl (previously ``exempted'' trawl) means any
trawl gear other than the Pacific Coast groundfish trawl gear that is
authorized for use with a valid groundfish limited entry permit
endorsed for trawl gear. Non-groundfish trawl gear includes trawl gear
used to fish for pink shrimp, ridgeback prawn, California halibut south
of Pt. Arena, and sea cucumbers south of Pt. Arena.
Nontrawl fishery means
(1) For the purpose of allocations at Sec. 660.55, subpart C,
nontrawl fishery means the limited entry fixed gear fishery, the open
access fishery, and the recreational fishery.
(2) For the purposes of all other management measures in subparts C
through G of this part, nontrawl fishery means fishing with any legal
limited entry fixed gear or open access non-trawl groundfish gear other
than trawl gear (groundfish trawl gear and non-groundfish trawl gear),
but does not include the recreational fishery.
North-South management area means the management areas defined in
paragraph (1) of this definition, or defined and bounded by one or more
or the commonly used geographic coordinates set out in paragraph (2) of
this definition for the purposes of implementing different management
measures in separate geographic areas of the U.S. West Coast.
(1) Management areas.
(i) Vancouver.
(A) The northeastern boundary is that part of a line connecting the
light on Tatoosh Island, WA, with the light on Bonilla Point on
Vancouver Island, British Columbia (at 48[deg]35.73' N. lat.,
124[deg]43.00' W. long.) south of the International Boundary between
the U.S. and Canada (at 48[deg]29.62' N. lat., 124[deg]43.55' W.
long.), and north of the point where that line intersects with the
boundary of the U.S. territorial sea.
(B) The northern and northwestern boundary is a line connecting the
following coordinates in the order listed, which is the provisional
international boundary of the EEZ as shown on NOAA/NOS Charts 18480 and
18007:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1.............................. 48[deg]29.62' 124[deg]43.55'
2.............................. 48[deg]30.18' 124[deg]47.22'
3.............................. 48[deg]30.37' 124[deg]50.35'
4.............................. 48[deg]30.23' 124[deg]54.87'
5.............................. 48[deg]29.95' 124[deg]59.23'
6.............................. 48[deg]29.73' 125[deg]00.10'
7.............................. 48[deg]28.15' 125[deg]05.78'
8.............................. 48[deg]27.17' 125[deg]08.42'
9.............................. 48[deg]26.78' 125[deg]09.20'
10............................. 48[deg]20.27' 125[deg]22.80'
11............................. 48[deg]18.37' 125[deg]29.97'
12............................. 48[deg]11.08' 125[deg]53.80'
13............................. 47[deg]49.25' 126[deg]40.95'
14............................. 47[deg]36.78' 127[deg]11.97'
15............................. 47[deg]22.00' 127[deg]41.38'
16............................. 46[deg]42.08' 128[deg]51.93'
17............................. 46[deg]31.78' 129[deg]07.65'
------------------------------------------------------------------------
(C) The southern limit is 47[deg]30' N. lat.
(ii) Columbia.
(A) The northern limit is 47[deg]30' N. lat.
(B) The southern limit is 43[deg]00' N. lat.
(iii) Eureka.
(A) The northern limit is 43[deg]00' N. lat.
(B) The southern limit is 40[deg]30' N. lat.
(iv) Monterey.
(A) The northern limit is 40[deg]30' N. lat.
(B) The southern limit is 36[deg]00' N. lat.
(v) Conception.
(A) The northern limit is 36[deg]00' N. lat.
(B) The southern limit is the U.S.-Mexico International Boundary,
which is a line connecting the following coordinates in the order
listed:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1.............................. 32[deg]35.37' 117[deg]27.82'
2.............................. 32[deg]37.62' 117[deg]49.52'
3.............................. 31[deg]07.97' 118[deg]36.30'
4.............................. 30[deg]32.52' 121[deg]51.97'
------------------------------------------------------------------------
(2) Commonly used geographic coordinates.
(i) Cape Alava, WA--48[deg]10.00' N. lat.
(ii) Queets River, WA--47[deg]31.70' N. lat.
(iii) Pt. Chehalis, WA--46[deg]53.30' N. lat.
(iv) Leadbetter Point, WA--46[deg]38.17' N. lat.
(v) Washington/Oregon border--46[deg]16.00' N. lat.
(vi) Cape Falcon, OR--45[deg]46.00' N. lat.
(vii) Cape Lookout, OR--45[deg]20.25' N. lat.
(viii) Cascade Head, OR--45[deg]03.83' N. lat.
(ix) Heceta Head, OR--44[deg]08.30' N. lat.
(x) Cape Arago, OR--43[deg]20.83' N. lat.
(xi) Cape Blanco, OR--42[deg]50.00' N. lat.
(xii) Humbug Mountain--42[deg]40.50' N. lat.
(xiii) Marck Arch, OR--42[deg]13.67' N. lat.
(xiv) Oregon/California border--42[deg]00.00' N. lat.
(xv) Cape Mendocino, CA--40[deg]30.00' N. lat.
(xvi) North/South management line--40[deg]10.00' N. lat.
(xvii) Point Arena, CA--38[deg]57.50' N. lat.
(xviii) Point San Pedro, CA--37[deg]35.67' N. lat.
(xix) Pigeon Point, CA--37[deg]11.00' N. lat.
(xx) Ano Nuevo, CA--37[deg]07.00' N. lat.
(xxi) Point Lopez, CA--36[deg]00.00' N. lat.
(xxii) Point Conception, CA--34[deg]27.00' N. lat. [Note:
Regulations that apply to waters north of 34[deg]27.00' N. lat. are
applicable only west of 120[deg]28.00' W. long.; regulations that apply
to waters south of 34[deg]27.00' N. lat. also apply to all waters both
east of 120[deg]28.00' W. long. and north of 34[deg]27.00' N. lat.]
Observer. (See Sec. 600.10 of this chapter--U.S. Observer or
Observer)
Observer Program or Observer Program Office means the West Coast
Groundfish Observer Program (WCGOP) Office of the Northwest Fishery
Science Center, National Marine Fisheries Service, Seattle, Washington.
Office of Law Enforcement or OLE refers to the National Marine
Fisheries Service, Office of Law Enforcement, Northwest Division.
Open access fishery means the fishery composed of commercial
vessels using open access gear fished pursuant to the harvest
guidelines, quotas, and other management measures governing the harvest
of open access allocations (detailed in Sec. 660.55 and Tables 1c and
2c of subpart C of this part) or governing the fishing activities of
open access vessels (detailed in subpart F of this part) Any commercial
vessel that is not registered to a limited entry permit and which takes
and retains, possesses or lands groundfish is a participant in the open
access groundfish fishery.
Open access gear means all types of fishing gear except:
(1) Longline or trap (or pot) gear fished by a vessel that has a
limited entry permit affixed with a gear endorsement for that gear.
(2) Groundfish trawl.
Operate a vessel means any use of a vessel, including, but not
limited to, fishing or drifting by means of the prevailing water
current or weather conditions.
Operator. (See Sec. 600.10)
Optimum yield or OY means the amount of fish that will provide the
greatest overall benefit to the Nation, particularly with respect to
food production and recreational opportunities, and, taking into
account the protection of marine ecosystems, is
[[Page 33032]]
prescribed as such on the basis of the MSY from the fishery, as reduced
by any relevant economic, social, or ecological factor; and, in the
case of an overfished fishery, provides for rebuilding to a level
consistent with producing the MSY in such fishery. OY may be expressed
numerically (as a harvest guideline, quota, or other specification) or
non-numerically.
Overage means the amount of fish harvested by a vessel in excess
of:
(1) The applicable trip limit for any fishery to which a trip limit
applies;
(2) The amount authorized by the applicable permit for trawl
fisheries at subpart D of this part;
(3) The amount authorized by the applicable sablefish endorsed
permits for fixed gear sablefish fisheries at subpart E of this part.
Ownership interest means participation in ownership of a
corporation, partnership, or other entity:
(1) For sablefish-endorsed permits, ownership interest means
participation in ownership of a corporation, partnership, or other
entity that owns a sablefish endorsed permit. Ownership interest does
not mean owning stock in a publicly owned corporation.
(2) For the limited entry trawl fishery in subpart D of this part,
ownership interest means participation in ownership of a corporation,
partnership, or other entity that owns a QS permit, mothership permit,
and a MS/CV-endorsed limited entry permit.
Pacific Coast Groundfish Fishery Management Plan or PCGFMP means
the Fishery Management Plan for the Washington, Oregon, and California
Groundfish Fishery developed by the Pacific Fishery Management Council
and approved by the Secretary on January 4, 1982, and as it may be
subsequently amended.
Partnership is two or more individuals, partnerships, or
corporations, or combinations thereof, who have ownership interest in a
permit, including married couples and legally recognized trusts and
partnerships, such as limited partnerships (LP), general partnerships
(GP), and limited liability partnerships (LLP).
Permit holder means a vessel owner as identified on the USCG form
1270 or state motor vehicle licensing document and as registered on a
limited entry permit issued under Subparts C through E of this part.
Permit owner means a person who is the owner of record with NMFS,
SFD, Permits Office of a limited entry permit. For first receiver site
licenses, see definition for ``license owner.''
Person, as it applies to limited entry and open access fisheries
conducted under 50 CFR part 660, Subparts C through G, means any
individual, corporation, partnership, association or other entity
(whether or not organized or existing under the laws of any state), and
any Federal, state, or local government, or any entity of any such
government that is eligible to own a documented vessel under the terms
of 46 U.S.C. 12102(a).
Processing or to process means the preparation or packaging of
groundfish to render it suitable for human consumption, retail sale,
industrial uses or long-term storage, including, but not limited to,
cooking, canning, smoking, salting, drying, filleting, freezing, or
rendering into meal or oil, but does not mean heading and gutting
unless additional preparation is done. (Also see an exception to
certain requirements at Sec. 660.131(a), subpart D pertaining to
Pacific whiting shoreside vessels 75-ft (23-m) or less LOA that, in
addition to heading and gutting, remove the tails and freeze catch at
sea.)
(1) At-sea processing means processing that takes place on a vessel
or other platform that floats and is capable of being moved from one
location to another, whether shore-based or on the water.
(2) Shore-based processing or processing means processing that
takes place at a facility that is permanently fixed to land. (Also see
the definition for shoreside processing at Sec. 660.140, subpart D
which defines shoreside processing for the purposes of qualifying for a
shoreside IFQ program QS permit.)
Processor means person, vessel, or facility that engages in
processing; or receives live groundfish directly from a fishing vessel
for retail sale without further processing. (Also see the definition
for processors at Sec. 660.140, subpart D which defines processor for
the purposes of qualifying for a shoreside IFQ program QS permit.)
Prohibited species means those species and species groups whose
retention is prohibited unless authorized by provisions of this section
or other applicable law. The following are prohibited species: Any
species of salmonid, Pacific halibut, Dungeness crab caught seaward of
Washington or Oregon, and groundfish species or species groups under
the PCGFMP for which quotas have been achieved and/or the fishery
closed.
Quota means a specified numerical harvest objective, the attainment
(or expected attainment) of which causes closure of the fishery for
that species or species group.
Recreational fishing means fishing with authorized recreational
fishing gear for personal use only, and not for sale or barter.
Regional Administrator means the Administrator, Northwest Region,
NMFS.
Reserve means a portion of the harvest guideline or quota set aside
at the beginning of the fishing year or biennial fishing period to
allow for uncertainties in preseason estimates.
Round weight. (See Sec. 600.10 of this chapter). Round weight does
not include ice, water, or slime.
Sale or sell. (See Sec. 600.10 of this chapter)
Scientific research activity. (See Sec. 600.10 of this chapter)
Secretary. (See Sec. 600.10 of this chapter)
Specification is a numerical or descriptive designation of a
management objective, including but not limited to: Acceptable
biological catch; optimum yield; harvest guideline; quota; limited
entry or open access allocation; a set-aside or allocation for a
recreational or treaty Indian fishery; an apportionment of the above to
an area, gear, season, fishery, or other subdivision.
Spouse means a person who is legally married to another person as
recognized by state law (i.e., one's wife or husband).
Stacking is the practice of registering more than one limited entry
permit for use with a single vessel (See Sec. 660.25(b)(4)(iii),
subpart C).
Sustainable Fisheries Division or SFD means the Chief, Sustainable
Fisheries Division, Northwest Regional Office, NMFS, or a designee.
Target fishing means fishing for the primary purpose of catching a
particular species or species group (the target species).
Tax-exempt organization means an organization that received a
determination letter from the Internal Revenue Service recognizing tax
exemption under 26 CFR part 1 (1.501 to 1.640).
Totally lost means the vessel being replaced no longer exists in
specie, or is absolutely and irretrievably sunk or otherwise beyond the
possible control of the owner, or the costs of repair (including
recovery) would exceed the value of the vessel after repairs.
Trawl fishery means
(1) For the purpose of allocations at Sec. 660.55, subpart C,
trawl fishery means the groundfish limited entry trawl fishery.
(2) For the purposes of all other management measures in subparts C
through G of this part, trawl fishery
[[Page 33033]]
means any fishery using trawl gear as defined under the definition of
fishing gear in this section.
Trip. (See Sec. 600.10 of this chapter)
Trip limits. Trip limits are used in the commercial fishery to
specify the maximum amount of a fish species or species group that may
legally be taken and retained, possessed, or landed, per vessel, per
fishing trip, or cumulatively per unit of time, or the number of
landings that may be made from a vessel in a given period of time, as
follows:
(1) A per trip limit is the total allowable amount of a groundfish
species or species group, by weight, or by percentage of weight of
legal fish on board, that may be taken and retained, possessed, or
landed per vessel from a single fishing trip.
(2) A daily trip limit is the maximum amount of a groundfish
species or species group that may be taken and retained, possessed, or
landed per vessel in 24 consecutive hours, starting at 0001 hours local
time. Only one landing of groundfish may be made in that 24-hour
period. Daily trip limits may not be accumulated during multiple day
trips.
(3) A weekly trip limit is the maximum amount of a groundfish
species or species group that may be taken and retained, possessed, or
landed per vessel in 7 consecutive days, starting at 0001 hours local
time on Sunday and ending at 2400 hours local time on Saturday. Weekly
trip limits may not be accumulated during multiple week trips. If a
calendar week falls within two different months or two different
cumulative limit periods, a vessel is not entitled to two separate
weekly limits during that week.
(4) A cumulative trip limit is the maximum amount of a groundfish
species or species group that may be taken and retained, possessed, or
landed per vessel in a specified period of time without a limit on the
number of landings or trips, unless otherwise specified. The cumulative
trip limit periods for limited entry and open access fisheries, which
start at 0001 hours local time and end at 2400 hours local time, are as
follows, unless otherwise specified:
(i) The 2-month or ``major'' cumulative limit periods are: January
1-February 28/29, March 1-April 30, May 1-June 30, July 1-August 31,
September 1-October 31, and, November 1-December 31.
(ii) One month means the first day through the last day of the
calendar month.
(iii) One week means 7 consecutive days, Sunday through Saturday.
Vessel manager means a person or group of persons whom the vessel
owner has given authority to oversee all or a portion of groundfish
fishing activities aboard the vessel.
Vessel monitoring system or VMS means a vessel monitoring system or
mobile transceiver unit as set forth in Sec. 660.14, subpart C and
approved by NMFS for use on vessels that take (directly or
incidentally) species managed under the PCGFMP, as required by this
subpart.
Vessel of the United States or U.S. vessel. (See Sec. 600.10)
Vessel owner or owner of a vessel, as used in subparts C through G
of this part, means a person identified as the current owner in the
Certificate of Documentation (CG-1270) issued by the USCG for a
documented vessel, or in a registration certificate issued by a state
or the USCG for an undocumented vessel.
Sec. 660.12 General groundfish prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to:
(a) General. (1) Retain any prohibited species (defined in Sec.
660.11, subpart C and restricted in Sec. 660.60(e), subpart C) caught
by means of fishing gear authorized under this subpart, unless
authorized by part 600 or part 300 of this chapter. Prohibited species
must be returned to the sea as soon as practicable with a minimum of
injury when caught and brought on board.
(2) Falsify or fail to affix and maintain vessel and gear markings
as required by Sec. 660.20 or Sec. 660.219, subpart E or Sec.
660.319, subpart F.
(3) Fish for groundfish in violation of any terms or conditions
attached to an EFP under Sec. 600.745 of this chapter or Sec. 660.30,
subpart C.
(4) Fish for groundfish using gear not authorized in subparts C
through G of this part or in violation of any terms or conditions
attached to an EFP under Sec. 660.30, subpart C or part 600 of this
chapter.
(5) Take and retain, possess, or land more groundfish than
specified under Sec. 660.50, Sec. 660.55, Sec. 660.60 of subpart C,
or subpart D through G of this part, or under an EFP issued under Sec.
660.30, Subpart C or part 600 of this chapter.
(6) Take, retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the primary limited entry,
fixed gear sablefish season from a vessel authorized to fish in that
season, as described at Sec. 660.231, subpart E.
(7) Take and retain, possess, or land groundfish in excess of the
landing limit for the open access fishery without having a valid
limited entry permit for the vessel affixed with a gear endorsement for
the gear used to catch the fish.
(8) Fail to sort, prior to the first weighing after offloading,
those groundfish species or species groups for which there is a trip
limit, size limit, scientific sorting designation, quota, harvest
guideline, or OY, if the vessel fished or landed in an area during a
time when such trip limit, size limit, scientific sorting designation,
quota, harvest guideline, or OY applied; except as specified at Sec.
660.131, subpart C for vessels participating in the Pacific whiting at-
sea sectors.
(9) When requested or required by an authorized officer, refuse to
present fishing gear for inspection, refuse to present fish subject to
such persons control for inspection; or interfere with a fishing gear
or marine animal or plant life inspection.
(10) Transfer fish to another vessel at sea unless a vessel is
participating in the primary Pacific whiting fishery as part of the
mothership or catcher/processor sectors.
(11) Fish with dredge gear (defined in Sec. 660.11, subpart C)
anywhere within EFH within the EEZ. For the purposes of regulation, EFH
within the EEZ is described at Sec. 660.75, subpart C.
(12) Fish with beam trawl gear (defined in Sec. 660.11, subpart C)
anywhere within EFH within the EEZ. For the purposes of regulation, EFH
within the EEZ is described at Sec. 660.75, subpart C.
(13) During times or in areas where at-sea processing is
prohibited, take and retain or receive Pacific whiting, except as cargo
or fish waste, on a vessel in the fishery management area that already
has processed Pacific whiting on board. An exception to this
prohibition is provided if the fish are received within the tribal U&A
from a member of a Pacific Coast treaty Indian tribe fishing under
Sec. 660.50, subpart C.
(b) Reporting and Recordkeeping. (1) Falsify or fail to make and/or
file, retain or make available any and all reports of groundfish
landings, containing all data, and in the exact manner, required by the
applicable State law, as specified in Sec. 660.13, subpart C, provided
that person is required to do so by the applicable state law.
(2) Fail to retain on board a vessel from which groundfish is
landed, and provide to an authorized officer upon request, copies of
any and all reports of groundfish landings, or receipts containing all
data, and made in the exact manner required by the applicable state law
throughout the cumulative
[[Page 33034]]
limit period during which such landings occurred and for 15 days
thereafter.
(c) Limited entry fisheries. (1) Carry on board a vessel, or
deploy, limited entry gear when the limited entry fishery for that gear
is closed, except that a vessel may carry on board limited entry
groundfish trawl gear as provided in Sec. 660.112(a)(1), subpart D.
(2) [Reserved]
(d) Limited entry permits. (1) If a limited entry permit is
registered for use with a vessel, fail to carry that permit onboard the
vessel registered for use with the permit. A photocopy of the permit
may not substitute for the original permit itself.
(2) Make a false statement on an application for issuance, renewal,
transfer, vessel registration, replacement of a limited entry permit,
or a declaration of ownership interest in a limited entry permit.
(e) Groundfish observer program. (1) Forcibly assault, resist,
oppose, impede, intimidate, harass, sexually harass, bribe, or
interfere with an observer.
(2) Interfere with or bias the sampling procedure employed by an
observer including either mechanically or manually sorting or
discarding catch before sampling.
(3) Tamper with, destroy, or discard an observer's collected
samples, equipment, records, photographic film, papers, or personal
effects without the express consent of the observer.
(4) Harass an observer by conduct that:
(i) Has sexual connotations,
(ii) Has the purpose or effect of interfering with the observer's
work performance, and/or
(iii) Otherwise creates an intimidating, hostile, or offensive
environment. In determining whether conduct constitutes harassment, the
totality of the circumstances, including the nature of the conduct and
the context in which it occurred, will be considered. The determination
of the legality of a particular action will be made from the facts on a
case-by-case basis.
(5) Fish for, land, or process fish without observer coverage when
a vessel is required to carry an observer under subparts C through G of
this part.
(6) Require, pressure, coerce, or threaten an observer to perform
duties normally performed by crew members, including, but not limited
to, cooking, washing dishes, standing watch, vessel maintenance,
assisting with the setting or retrieval of gear, or any duties
associated with the processing of fish, from sorting the catch to the
storage of the finished product.
(7) Fail to provide departure or cease fishing reports specified at
Sec. 660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316,
subpart F.
(8) Fail to meet the vessel responsibilities specified at Sec.
660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316, subpart
F.
(f) Vessel Monitoring Systems. (1) Use any vessel required to
operate and maintain a VMS unit under Sec. 660.14(b) unless that
vessel carries a NMFS OLE type-approved mobile transceiver unit and
complies with all the requirements described at Sec. 660.14(c).
(2) Fail to install, activate, repair or replace a mobile
transceiver unit prior to leaving port as specified at Sec. 660.14.
(3) Fail to operate and maintain a mobile transceiver unit on board
the vessel at all times as specified at Sec. 660.14.
(4) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VMS, mobile
transceiver unit, or VMS signal required to be installed on or
transmitted by a vessel as specified at Sec. 660.14.
(5) Fail to contact NMFS OLE or follow NMFS OLE instructions when
automatic position reporting has been interrupted as specified at Sec.
660.14.
(6) Register the same VMS transceiver unit to more than one vessel
at the same time.
(7) Falsify any VMS activation report or VMS exemption report that
is authorized or required, as specified at Sec. 660.14.
(8) Falsify any declaration report that is required, as specified
at Sec. 660.13.
Sec. 660.13 Recordkeeping and reporting.
(a) This subpart recognizes that catch and effort data necessary
for implementing the PCGFMP are collected by the States of Washington,
Oregon, and California under existing state data collection
requirements.
(b) Any person who is required to do so by the applicable state law
must make and/or file, retain, or make available any and all reports
(i.e., logbooks, state landing receipts, etc.) of groundfish harvests
and landings containing all data, and in the exact manner, required by
the applicable state law.
(c) Any person landing groundfish must retain on board the vessel
from which groundfish is landed, and provide to an authorized officer
upon request, copies of any and all reports of groundfish landings
containing all data, and in the exact manner, required by the
applicable state law throughout the cumulative limit period during
which a landing occurred and for 15 days thereafter.
(d) Declaration reporting requirements--(1) Declaration reports for
vessels registered to limited entry permits. The operator of any vessel
registered to a limited entry permit must provide NMFS OLE with a
declaration report, as specified at paragraph (d)(5)(iv) of this
section, before the vessel leaves port on a trip in which the vessel is
used to fish in U.S. ocean waters between 0 and 200 nm offshore of
Washington, Oregon, or California.
(2) Declaration reports for all vessels using non-groundfish trawl
gear. The operator of any vessel that is not registered to a limited
entry permit and which uses non-groundfish trawl gear to fish in the
EEZ (3-200 nm offshore), must provide NMFS OLE with a declaration
report, as specified at paragraph (d)(5)(iv) of this section, before
the vessel leaves port to fish in the EEZ.
(3) Declaration reports for open access vessels using nontrawl gear
(all types of open access gear other than non-groundfish trawl gear).
The operator of any vessel that is not registered to a limited entry
permit, must provide NMFS with a declaration report, as specified at
paragraph (d)(5)(iv) of this section, before the vessel leaves port on
a trip in which the vessel is used to take and retain or possess
groundfish in the EEZ or land groundfish taken in the EEZ.
(4) Declaration reports for tribal vessels using trawl gear. The
operator of any tribal vessel using trawl gear must provide NMFS with a
declaration report, as specified at paragraph (d)(5)(iv) of this
section, before the vessel leaves port on a trip in which fishing
occurs within the trawl RCA.
(5) Declaration reports. (i) The operator of a vessel specified in
paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a
declaration report to NMFS OLE prior to leaving port on the first trip
in which the vessel meets the requirement specified at Sec. 660.14(b)
to have a VMS.
(ii) The vessel operator must send a new declaration report before
leaving port on a trip in which a gear type that is different from the
gear type most recently declared for the vessel will be used. A
declaration report will be valid until another declaration report
revising the existing gear declaration is received by NMFS OLE.
(iii) During the period of time that a vessel has a valid
declaration report on file with NMFS OLE, it cannot fish with a gear
other than a gear type declared by the vessel.
[[Page 33035]]
(iv) Declaration reports will include: The vessel name and/or
identification number, and gear type (as defined in paragraph
(d)(5)(iv)(A) of this section). Upon receipt of a declaration report,
NMFS will provide a confirmation code or receipt to confirm that a
valid declaration report was received for the vessel. Retention of the
confirmation code or receipt to verify that a valid declaration report
was filed and the declaration requirement was met is the responsibility
of the vessel owner or operator. Vessels using nontrawl gear may
declare more than one gear type, however, vessels using trawl gear may
only declare one of the trawl gear types listed in paragraph
(d)(5)(iv)(A) of this section on any trip and may not declare nontrawl
gear on the same trip in which trawl gear is declared.
(A) One of the following gear types must be declared:
(1) Limited entry fixed gear,
(2) [Reserved]
(3) Limited entry midwater trawl, non-whiting,
(4) Limited entry midwater trawl, Pacific whiting shorebased
sector,
(5) Limited entry midwater trawl, Pacific whiting catcher/processor
sector,
(6) Limited entry midwater trawl, Pacific whiting mothership
sector,
(7) Limited entry bottom trawl, not including demersal trawl,
(8) Limited entry demersal trawl,
(9) Non-groundfish trawl gear for pink shrimp,
(10) Non-groundfish trawl gear for ridgeback prawn,
(11) Non-groundfish trawl gear for California halibut,
(12) Non-groundfish trawl gear for sea cucumber,
(13) Open access longline gear for groundfish,
(14) Open access Pacific halibut longline gear,
(15) Open access groundfish trap or pot gear,
(16) Open access Dungeness crab trap or pot gear,
(17) Open access prawn trap or pot gear,
(18) Open access sheephead trap or pot gear,
(19) Open access line gear for groundfish,
(20) Open access HMS line gear,
(21) Open access salmon troll gear,
(22) Open access California Halibut line gear,
(23) Open access net gear,
(24) Other gear, or
(25) Tribal trawl.
(B) [Reserved]
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
(a) What Is a VMS? A VMS consists of a NMFS OLE type-approved
mobile transceiver unit that automatically determines the vessel's
position and transmits it to a NMFS OLE type-approved communications
service provider. The communications service provider receives the
transmission and relays it to NMFS OLE.
(b) Who Is Required To Have a VMS? The following vessels are
required to install a NMFS OLE type-approved mobile transceiver unit
and to arrange for a NMFS OLE type-approved communications service
provider to receive and relay transmissions to NMFS OLE prior to
fishing:
(1) Any vessel registered for use with a limited entry permit that
fishes in state or Federal waters seaward of the baseline from which
the territorial sea is measured off the States of Washington, Oregon or
California (0-200 nm offshore).
(2) Any vessel that uses non-groundfish trawl gear to fish in the
EEZ.
(3) Any vessel that uses open access gear to take and retain, or
possess groundfish in the EEZ or land groundfish taken in the EEZ.
(c) How Are Mobile Transceiver Units and Communications Service
Providers Approved by NMFS OLE?
(1) NMFS OLE will publish type-approval specifications for VMS
components in the Federal Register or notify the public through other
appropriate media.
(2) Mobile transceiver unit manufacturers or communication service
providers will submit products or services to NMFS OLE for evaluation
based on the published specifications.
(3) NMFS OLE may publish a list of NMFS OLE type-approved mobile
transceiver units and communication service providers for the Pacific
Coast groundfish fishery in the Federal Register or notify the public
through other appropriate media. As necessary, NMFS OLE may publish
amendments to the list of type-approved mobile transceiver units and
communication service providers in the Federal Register or through
other appropriate media. A list of VMS transceivers that have been
type-approved by NMFS OLE may be mailed to the permit owner's address
of record. NMFS will bear no responsibility if a notification is sent
to the address of record and is not received because the applicant's
actual address has changed without notification to NMFS, as required at
Sec. 660.25(b)(4)(i)(B).
(d) What Are the Vessel Owner's Responsibilities? If you are a
vessel owner that must participate in the VMS program, you or the
vessel operator must:
(1) Obtain a NMFS OLE type-approved mobile transceiver unit and
have it installed on board your vessel in accordance with the
instructions provided by NMFS OLE. You may obtain a copy of the VMS
installation and operation instructions from the NMFS OLE Northwest,
VMS Program Manager upon request at 7600 Sand Point Way NE., Seattle,
WA 98115-6349, phone: (206) 526-6133.
(2) Activate the mobile transceiver unit, submit an activation
report at least 72 hours prior to leaving port on a trip in which VMS
is required, and receive confirmation from NMFS OLE that the VMS
transmissions are being received before participating in a fishery
requiring the VMS. Instructions for submitting an activation report may
be obtained from the NMFS, Northwest OLE VMS Program Manager upon
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone:
(206)526-6133. An activation report must again be submitted to NMFS OLE
following reinstallation of a mobile transceiver unit or change in
service provider before the vessel may be used to fish in a fishery
requiring the VMS.
(i) Activation reports. If you are a vessel owner who must use VMS
and you are activating a VMS transceiver unit for the first time or
reactivating a VMS transceiver unit following a reinstallation of a
mobile transceiver unit or change in service provider, you must fax
NMFS OLE an activation report that includes: Vessel name; vessel
owner's name, address and telephone number, vessel operator's name,
address and telephone number, USCG vessel documentation number/state
registration number; if applicable, the groundfish permit number the
vessel is registered to; VMS transceiver unit manufacturer; VMS
communications service provider; VMS transceiver identification;
identifying if the unit is the primary or backup; and a statement
signed and dated by the vessel owner confirming compliance with the
installation procedures provided by NMFS OLE.
(ii) Transferring ownership of VMS unit. Ownership of the VMS
transceiver unit may be transferred from one vessel owner to another
vessel owner if all of the following documents are provided to NMFS
OLE: a new activation report, which identifies that the transceiver
unit was previously registered to another vessel; a notarized bill of
sale showing proof of ownership of the VMS transceiver unit;
documentation from the communications service provider showing proof
that the service agreement for the previous vessel was
[[Page 33036]]
terminated and that a service agreement was established for the new
vessel.
(3) Transceiver unit operation. Operate and maintain the mobile
transceiver unit in good working order continuously, 24 hours a day
throughout the fishing year, unless such vessel is exempted under
paragraph (d)(4) of this section. The mobile transceiver unit must
transmit a signal accurately indicating the vessel's position at least
once every hour, 24 hours a day, throughout the year unless a valid
exemption report, as described in paragraph (b)(4) of this section, has
been received by NMFS OLE. Less frequent position reporting at least
once every four hours is authorized when a vessel remains in port for
an extended period of time, but the mobile transceiver unit must remain
in continuous operation at all times unless the vessel is exempted
under this section.
(4) VMS exemptions. A vessel that is required to operate and
maintain the mobile transceiver unit continuously 24 hours a day
throughout the fishing year may be exempted from this requirement if a
valid exemption report, as described at paragraph (d)(4)(vii) of this
section, is received by NMFS OLE and the vessel is in compliance with
all conditions and requirements of the VMS exemption identified in this
section and specified in the exemption report.
(i) Haul out exemption. When it is anticipated that a vessel will
be continuously out of the water for more than 7 consecutive days and a
valid exemption report has been received by NMFS OLE, electrical power
to the VMS mobile transceiver unit may be removed and transmissions may
be discontinued. Under this exemption, VMS transmissions can be
discontinued from the time the vessel is removed from the water until
the time that the vessel is placed back in the water.
(ii) Outside areas exemption. When the vessel will be operating
seaward of the EEZ off Washington, Oregon, or California continuously
for more than 7 consecutive days and a valid exemption report has been
received by NMFS OLE, the VMS mobile transceiver unit transmissions may
be reduced or discontinued from the time the vessel leaves the EEZ off
the coasts of Washington, Oregon or California until the time that the
vessel re-enters the EEZ off the coasts of Washington, Oregon or
California. Under this exemption, the vessel owner or operator can
request that NMFS OLE reduce or discontinue the VMS transmissions after
receipt of an exemption report, if the vessel is equipped with a VMS
transceiver unit that NMFS OLE has approved for this exemption.
(iii) Permit transfer exemption. If the limited entry permit has
been transferred from a vessel (for the purposes of this section, this
includes permits placed into ``unidentified'' status) the vessel may be
exempted from VMS requirements providing the vessel is not used to fish
in state or Federal waters seaward of the baseline from which the
territorial sea is measured off the States of Washington, Oregon or
California (0-200 nm offshore) for the remainder of the fishing year.
If the vessel is used to fish in this area for any species of fish at
any time during the remaining portion of the fishing year without being
registered to a limited entry permit, the vessel is required to have
and use VMS.
(iv) Long-term departure exemption. A vessel participating in the
open access fishery that is required to have VMS under paragraph (b)(3)
of this section may be exempted from VMS provisions after the end of
the fishing year in which it fished in the open access fishery,
providing the vessel submits a completed exemption report signed by the
vessel owner that includes a statement signed by the vessel owner
indicating that the vessel will not be used to take and retain or
possess groundfish in the EEZ or land groundfish taken in the EEZ
during the new fishing year.
(v) Emergency exemption. Vessels required to have VMS under
paragraph (b) of this section may be exempted from VMS provisions in
emergency situations that are beyond the vessel owner's control,
including but not limited to: fire, flooding, or extensive physical
damage to critical areas of the vessel. A vessel owner may apply for an
emergency exemption from the VMS requirements specified in paragraph
(b) of this section for his/her vessel by sending a written request to
NMFS OLE specifying the following information: The reasons for seeking
an exemption, including any supporting documents (e.g., repair
invoices, photographs showing damage to the vessel, insurance claim
forms, etc.); the time period for which the exemption is requested; and
the location of the vessel while the exemption is in effect. NMFS OLE
will issue a written determination granting or denying the emergency
exemption request. A vessel will not be covered by the emergency
exemption until NMFS OLE issues a determination granting the exemption.
If an exemption is granted, the duration of the exemption will be
specified in the NMFS OLE determination.
(vi) Submission of exemption reports. Signed long-term departure
exemption reports must be submitted by fax or by e-mailing an
electronic copy of the actual report. In the event of an emergency in
which an emergency exemption request will be submitted, initial contact
with NMFS OLE must be made by telephone, fax or e-mail within 24 hours
from when the incident occurred. Emergency exemption requests must be
requested in writing within 72 hours from when the incident occurred.
Other exemption reports must be submitted through the VMS or another
method that is approved by NMFS OLE and announced in the Federal
Register. Submission methods for exemption requests, except long-term
departures and emergency exemption requests, may include e-mail,
facsimile, or telephone. NMFS OLE will provide, through appropriate
media, instructions to the public on submitting exemption reports.
Instructions and other information needed to make exemption reports may
be mailed to the vessel owner's address of record. NMFS will bear no
responsibility if a notification is sent to the address of record for
the vessel owner and is not received because the vessel owner's actual
address has changed without notification to NMFS, Owners of vessels
required to use VMS who do not receive instructions by mail are
responsible for contacting NMFS OLE during business hours at least 3
days before the exemption is required to obtain information needed to
make exemption reports. NMFS OLE must be contacted during business
hours (Monday through Friday between 0800 and 1700 Pacific Time).
(vii) Valid exemption reports. For an exemption report to be valid,
it must be received by NMFS at least 2 hours and not more than 24 hours
before the exempted activities defined at paragraphs (d)(4)(i) through
(iv) of this section occur. An exemption report is valid until NMFS
receives a report canceling the exemption. An exemption cancellation
must be received at least 2 hours before the vessel re-enters the EEZ
following an outside areas exemption; at least 2 hours before the
vessel is placed back in the water following a haul out exemption; at
least 2 hours before the vessel resumes fishing for any species of fish
in state or Federal waters off the States of Washington, Oregon, or
California after it has received a permit transfer exemption; or at
least 2 hours before a vessel resumes fishing in the open access
fishery after a long-term departure exemption. If a vessel is required
to submit an activation report
[[Page 33037]]
under paragraph (d)(2)(i) of this section before returning to fish,
that report may substitute for the exemption cancellation. Initial
contact must be made with NMFS OLE not more than 24 hours after the
time that an emergency situation occurred in which VMS transmissions
were disrupted and followed by a written emergency exemption request
within 72 hours from when the incident occurred. If the emergency
situation upon which an emergency exemption is based is resolved before
the exemption expires, an exemption cancellation must be received by
NMFS at least 2 hours before the vessel resumes fishing.
(5) When aware that transmission of automatic position reports has
been interrupted, or when notified by NMFS OLE that automatic position
reports are not being received, contact NMFS OLE at 7600 Sand Point Way
NE., Seattle, WA 98115-6349, phone: (206) 526-6133 and follow the
instructions provided to you. Such instructions may include, but are
not limited to, manually communicating to a location designated by NMFS
OLE the vessel's position or returning to port until the VMS is
operable.
(6) After a fishing trip during which interruption of automatic
position reports has occurred, the vessel's owner or operator must
replace or repair the mobile transceiver unit prior to the vessel's
next fishing trip. Repair or reinstallation of a mobile transceiver
unit or installation of a replacement, including change of
communications service provider shall be in accordance with the
instructions provided by NMFS OLE and require the same certification.
(7) Make the mobile transceiver units available for inspection by
NMFS OLE personnel, USCG personnel, state enforcement personnel or any
authorized officer.
(8) Ensure that the mobile transceiver unit is not tampered with,
disabled, destroyed, operated, or maintained improperly.
(9) Pay all charges levied by the communication service provider as
necessary to ensure continuous operation of the VMS transceiver units.
Sec. 660.15 Equipment requirements.
(a) Applicability. This section contains the equipment and
operational requirements for scales used to weigh catch at sea, scales
used to weigh catch at IFQ first receivers, computer hardware for
electronic fish ticket software and computer hardware for electronic
logbook software.
(b) Performance and technical requirements for scales used to weigh
catch at sea. [Reserved]
(c) Performance and technical requirements for scales used to weigh
catch at IFQ first receivers. [Reserved]
(d) Electronic fish tickets. Pacific whiting shoreside first
receivers using the electronic fish ticket software provided by Pacific
States Marine Fish Commission are required to meet the hardware and
software requirements below. Those Pacific whiting shoreside first
receivers who have NMFS-approved software compatible with the standards
specified by Pacific States Marine Fish Commission for electronic fish
tickets are not subject to any specific hardware or software
requirements.
(1) Hardware and software requirements. (i) A personal computer
with Pentium 75-MHz or higher. Random Access Memory (RAM) must have
sufficient megabyte (MB) space to run the operating system, plus an
additional 8 MB for the software application and available hard disk
space of 217 MB or greater. A CD-ROM drive with a Video Graphics
Adapter (VGA) or higher resolution monitor (super VGA is recommended).
(ii) Microsoft Windows 2000 (64 MB or greater RAM required),
Windows XP (128 MB or greater RAM required) or later operating system.
(iii) Microsoft Access 2003 or newer.
(2) NMFS approved software standards and internet access. The first
receiver is responsible for obtaining, installing and updating
electronic fish tickets software either provided by Pacific States
Marine Fish Commission, or compatible with the data export
specifications specified by Pacific States Marine Fish Commission and
for maintaining internet access sufficient to transmit data files via
e-mail. Requests for data export specifications can be submitted to:
Attn: Frank Lockhart, National Marine Fisheries Service, Northwest
Region Sustainable Fisheries Division, 7600 Sand Point Way NE.,
Seattle, WA 98115, or via e-mail to [email protected].
(3) Maintenance. The Pacific whiting shoreside first receiver is
responsible for ensuring that all hardware and software required under
this subsection are fully operational and functional whenever the
Pacific whiting primary season deliveries are accepted. .
(4) Improving data quality. Vessel owners and operators, Pacific
whiting shoreside first receivers, or shoreside processor owners, or
managers may contact NMFS in writing to request assistance in improving
data quality and resolving issues. Requests may be submitted to: Attn:
Frank Lockhart, National Marine Fisheries Service, Northwest Region
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA
98115, or via e-mail to [email protected].
Sec. 660.16 Groundfish observer program.
(a) General. Vessel owners, operators, and managers are jointly and
severally responsible for their vessel's compliance with observer
requirements specified in this section and within Sec. 660.116,
subpart D, Sec. 660.216, subpart E, Sec. 660.316, subpart F, or
subpart G.
(b) Purpose. The purpose of the Groundfish Observer Program is to
collect fisheries data deemed by the Northwest Regional Administrator,
NMFS, to be necessary and appropriate for management, compliance
monitoring, and research in the groundfish fisheries and for the
conservation of living marine resources and their habitat.
(c) Catcher vessels. For the purposes of observer coverage
requirements the term ``catcher vessel'' includes the vessels described
in paragraphs (c)(1) through (3) of this section. The term ``catcher
vessel'' does not include: catcher/processor or mothership vessels,
Pacific whiting shoreside vessels that sort catch at sea, or
recreational vessels.
(1) Any vessel registered for use with a Pacific Coast groundfish
limited entry permit that fishes in state or Federal waters seaward of
the baseline from which the territorial sea is measured off the States
of Washington, Oregon or California (0-200 nm offshore).
(2) Any vessel other than a vessel described in paragraph (c)(1) of
this section that is used to take and retain, possess, or land
groundfish in or from the EEZ.
(3) Any vessel that is required to take a Federal observer by the
applicable State law.
(d) Observer coverage requirements. The following table provides
references to the regulatory sections with the observer coverage
requirements.
[[Page 33038]]
------------------------------------------------------------------------
West Coast Groundfish Fishery/
Program Regulation subpart and section
------------------------------------------------------------------------
Catcher Vessels in the Trawl subpart D, Sec. 660.116.
Fishery, and Pacific Whiting
Shoreside Vessels that Sort Catch
At Sea.
Mothership Processors.............. subpart D, Sec. 660.116.
Catcher/Processors................. subpart D, Sec. 660.116.
Catcher Vessels in the Fixed Gear subpart E, Sec. 660.216.
Fisheries.
Catcher Vessels in the Open Access subpart F, Sec. 660.316.
Fisheries.
------------------------------------------------------------------------
(e) NMFS-certified Observer Certification and Observer
Responsibilities--(1) Observer Certification--(i) Applicability.
Observer certification authorizes an individual to fulfill duties as
specified in writing by the NMFS Observer Program Office while under
the employ of a NMFS-permitted observer provider and according to
certification endorsements as designated under paragraph (e)(3) of this
section.
(ii) Certification requirements. NMFS will certify individuals who:
(A) Are employed by an observer provider company permitted pursuant
to 50 CFR 679.50 at the time of the issuance of the certification;
(B) Have provided, through their observer provider:
(1) Information identified by NMFS at 50 CFR
679.50(i)(2)(x)(A)(1)(iii) and (iv); and
(2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C)
regarding the observer candidate's health and physical fitness for the
job;
(C) Meet all education and health standards as specified in 50 CFR
679.50(i)(2)(i)(A) and (i)(2)(x)(C), respectively; and
(D) Have successfully completed NMFS-approved training as
prescribed by the Observer Program.
(1) Successful completion of training by an observer applicant
consists of meeting all attendance and conduct standards issued in
writing at the start of training; meeting all performance standards
issued in writing at the start of training for assignments, tests, and
other evaluation tools; and completing all other training requirements
established by the Observer Program.
(2) If a candidate fails training, he or she will be notified in
writing on or before the last day of training. The notification will
indicate: The reasons the candidate failed the training; whether the
candidate can retake the training, and under what conditions, or
whether, the candidate will not be allowed to retake the training. If a
determination is made that the candidate may not pursue further
training, notification will be in the form of an IAD denying
certification, as specified under paragraph (e)(2)(i) of this section.
(E) Have not been decertified as specified in Sec. 660.18(b), or
pursuant to 50 CFR 679.50.
(2) Agency determinations on observer certification--(i) Issuance
of an observer certification. An observer certification will be issued
upon determination by the observer certification official (see Sec.
660.18, subpart C) that the candidate has successfully met all
requirements for certification as specified in paragraph (e)(1)(ii) of
this section.
(ii) Denial of a certification. The NMFS observer certification
official (see Sec. 660.18, subpart C) will issue a written IAD denying
observer certification when the observer certification official
determines that a candidate has unresolvable deficiencies in meeting
the requirements for certification as specified in Sec. 660.18,
subpart C. The IAD will identify the reasons certification was denied
and what requirements were deficient.
(iii) Appeals. A candidate who receives an IAD that denies his or
her certification may appeal pursuant to Sec. 660.18, subpart C. A
candidate who appeals the IAD will not be issued an interim observer
certification, and will not receive a certification unless the final
resolution of that appeal is in the candidate's favor.
(3) Endorsements. The following endorsements must be obtained, in
addition to observer certification, in order for an observer to deploy.
(i) Certification training endorsement. A certification training
endorsement signifies the successful completion of the training course
required to obtain observer certification. This endorsement expires
when the observer has not been deployed and performed sampling duties
as required by the Observer Program Office for a period of time,
specified by the Observer Program, after his or her most recent
debriefing. The observer can renew the endorsement by successfully
completing certification training once more.
(ii) Annual general endorsements. Each observer must obtain an
annual general endorsement to their certification prior to his or her
first deployment within any calendar year subsequent to a year in which
a certification training endorsement is obtained. To obtain an annual
general endorsement, an observer must successfully complete the annual
briefing, as specified by the Observer Program. All briefing
attendance, performance, and conduct standards required by the Observer
Program must be met.
(iii) Deployment endorsements. Each observer who has completed an
initial deployment after certification or annual briefing must receive
a deployment endorsement to their certification prior to any subsequent
deployments for the remainder of that year. An observer may obtain a
deployment endorsement by successfully completing all pre-cruise
briefing requirements. The type of briefing the observer must attend
and successfully complete will be specified in writing by the Observer
Program during the observer's most recent debriefing.
(iv) Pacific whiting fishery endorsements. A Pacific whiting
fishery endorsement is required for purposes of performing observer
duties aboard vessels that process groundfish at sea in the Pacific
whiting fishery. A Pacific whiting fishery endorsement to an observer's
certification may be obtained by meeting the following requirements:
(A) Be a prior NMFS-certified observer in the groundfish fisheries
off Alaska or the Pacific Coast, unless an individual with this
qualification is not available;
(B) Receive an evaluation by NMFS for his or her most recent
deployment (if any) that indicated that the observer's performance met
Observer Program expectations for that deployment;
(C) Successfully complete a NMFS-approved observer training and/or
Pacific whiting briefing as prescribed by the Observer Program; and
(D) Comply with all of the other requirements of this section.
(4) Standards of observer conduct--(i) Standards of behavior.
Observers must avoid any behavior that could adversely affect the
confidence of the public in the integrity of the Observer Program or of
the government, including but not limited to the following:
(A) Observers must perform their assigned duties as described in
the Observer Manual or other written
[[Page 33039]]
instructions from the Observer Program Office.
(B) Observers must accurately record their sampling data, write
complete reports, and report accurately any observations of suspected
violations of regulations relevant to conservation of marine resources
or their environment.
(C) Observers must not disclose collected data and observations
made on board the vessel or in the processing facility to any person
except the owner or operator of the observed vessel or processing
facility, an authorized officer, or NMFS.
(D) Observers must refrain from engaging in any illegal actions or
any other activities that would reflect negatively on their image as
professional scientists, on other observers, or on the Observer Program
as a whole. This includes, but is not limited to:
(1) Violating the drug and alcohol policy established by and
available from the Observer Program;
(2) Engaging in the use, possession, or distribution of illegal
drugs; or
(3) Engaging in physical sexual contact with personnel of the
vessel or processing facility to which the observer is assigned, or
with any vessel or processing plant personnel who may be substantially
affected by the performance or non-performance of the observer's
official duties.
Sec. 660.17 Catch monitors and catch monitor service providers.
[Reserved]
Sec. 660.18 Certification and decertification procedures for
observers, catch monitors, catch monitor providers, and observer
providers.
(a) Observer certification official. The Regional Administrator (or
a designee) will designate a NMFS observer certification official who
will make decisions for the Observer Program Office on whether to issue
or deny observer certification pursuant to the regulations at Sec.
660.16 (e), subpart C.
(b) Observer suspension and decertification.
(1) Suspension and decertification review official. The Regional
Administrator (or a designee) will designate a suspension and
decertification review official(s), who will have the authority to
review certifications and issue initial administrative determinations
of certification suspension and/or decertification.
(2) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification
proceedings against an observer:
(i) When it is alleged that the observer has committed any acts or
omissions of any of the following:
(A) Failed to satisfactorily perform the duties of observers as
specified in writing by the NMFS Observer Program; or
(B) Failed to abide by the standards of conduct for observers as
prescribed under Sec. 660.16(e)(4), subpart C.
(ii) Upon conviction of a crime or upon entry of a civil judgment
for:
(A) Commission of fraud or other violation in connection with
obtaining or attempting to obtain certification, or in performing the
duties as specified in writing by the NMFS Observer Program;
(B) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
(C) Commission of any other offense indicating a lack of integrity
or honesty that seriously and directly affects the fitness of
observers.
(D) Conflict of interest as specified at Sec. 660.18 (d) of this
section.
(3) Issuance of initial administrative determination. Upon
determination that suspension or decertification is warranted under
Sec. 660.18(b) of this section the suspension/decertification official
will issue a written IAD to the observer and send it via certified mail
to the observer's most current address of record as provided to NMFS.
The IAD will identify whether a certification is suspended or revoked
and will identify the specific reasons for the action taken. If the IAD
issues a suspension of a certification, the terms of the suspension
will be specified. Suspension or decertification is effective
immediately as of the date of issuance, unless the suspension/
decertification official notes a compelling reason for maintaining
certification for a specified period and under specified conditions.
(4) Appeals. A certified observer who receives an IAD that suspends
or revokes certification may appeal pursuant to paragraph (c) of this
section.
(c) Appeals process--(1) Decisions. Decisions on appeals of initial
administrative decisions denying certification to, or suspending, or
decertifying, will be made by the Regional Administrator (or designated
official). Appeals decisions shall be in writing and shall state the
reasons therefore.
(2) Filing an appeal of the determination. An appeal must be filed
with the Regional Administrator within 30 days of the initial
administrative determination denying, suspending, or revoking the
certification.
(3) Content of an appeal. The appeal must be in writing, and must
allege facts or circumstances to show why the certification should be
granted, or should not be suspended or revoked, under the criteria in
this section.
(4) Decision on an appeal. Absent good cause for further delay, the
Regional Administrator (or designated official) will issue a written
decision on the appeal within 45 days of receipt of the appeal. The
Regional Administrator's decision is the final administrative decision
of the Department as of the date of the decision.
(d) Limitations on conflict of interest--(1) Limitations on
conflict of interest for observers: (i) Must not have a direct
financial interest, other than the provision of observer or catch
monitor services, in a North Pacific fishery managed pursuant to an FMP
for the waters off the coast of Alaska, Alaska state waters, or in a
Pacific Coast fishery managed by either the state or Federal
governments in waters off Washington, Oregon, or California, including
but not limited to:
(A) Any ownership, mortgage holder, or other secured interest in a
vessel, shore-based or floating stationary processor facility involved
in the catching, taking, harvesting or processing of fish,
(B) Any business involved with selling supplies or services to any
vessel, shore-based or floating stationary processing facility; or
(C) Any business involved with purchasing raw or processed products
from any vessel, shore-based or floating stationary processing
facilities.
(ii) Must not solicit or accept, directly or indirectly, any
gratuity, gift, favor, entertainment, loan, or anything of monetary
value from anyone who either conducts activities that are regulated by
NMFS or has interests that may be substantially affected by the
performance or nonperformance of the observers' official duties.
(iii) May not serve as observer on any vessel or at any shoreside
or floating stationary processing facility owned or operated where a
person was previously employed.
(iv) May not solicit or accept employment as a crew member or an
employee of a vessel, shoreside processor, or stationary floating
processor while employed by an observer or catch monitor provider.
(2) Provisions for remuneration of observers or catch monitors
under this section do not constitute a conflict of interest.
(3) Limitations on conflict of interest for catch monitors.
[Reserved]
[[Page 33040]]
(4) Limitations on conflict of interest for catch monitors
providers. [Reserved]
Sec. 660.20 Vessel and gear identification.
(a) Vessel identification--(1) Display. The operator of a vessel
that is over 25 ft (7.6 m) in length and is engaged in commercial
fishing for groundfish must display the vessel's official number on the
port and starboard sides of the deckhouse or hull, and on a weather
deck so as to be visible from above. The number must contrast with the
background and be in block Arabic numerals at least 18 inches (45.7 cm)
high for vessels over 65 ft (19.8 m) long and at least 10 inches (25.4
cm) high for vessels between 25 and 65 ft (7.6 and 19.8 m) in length.
The length of a vessel for purposes of this section is the length set
forth in USCG records or in state records, if no USCG record exists.
(2) Maintenance of numbers. The operator of a vessel engaged in
commercial fishing for groundfish must keep the identifying markings
required by paragraph (a)(1) of this section clearly legible and in
good repair, and must ensure that no part of the vessel, its rigging,
or its fishing gear obstructs the view of the official number from an
enforcement vessel or aircraft.
(3) Commercial passenger vessels. This section does not apply to
vessels carrying fishing parties on a per-capita basis or by charter.
(b) Gear identification. Gear identification requirements specific
to fisheries using fixed gear (limited entry and open access) are
described at Sec. 660.219, subpart E and Sec. 660.319, subpart F.
Sec. 660.24 Limited entry and open access fisheries.
(a) General. All commercial fishing for groundfish must be
conducted in accordance with the regulations governing limited entry
and open access fisheries, except such fishing by treaty Indian tribes
as may be separately provided for.
(b) [Reserved].
Sec. 660.25 Permits.
(a) General. Each of the permits or licenses in this section has
different conditions or privileges as part of the permit or license.
The permits or licenses in this section confer a conditional privilege
of participating in the Pacific coast groundfish fishery, in accordance
with Federal regulations in 50 CFR part 660, subparts C through G.
(b) Limited entry permit--(1) Eligibility and registration--(i)
General. In order for a vessel to be used to fish in the limited entry
fishery, the vessel owner must hold a limited entry permit and, through
SFD, must register that vessel for use with a limited entry permit.
When participating in the limited entry fishery, a vessel is authorized
to fish with the gear type endorsed on the limited entry permit
registered for use with that vessel, except that the MS permit does not
have a gear endorsement. There are three types of gear endorsements:
trawl, longline, and pot (or trap). All limited entry permits, except
the MS permit, have size endorsements; a vessel registered for use with
a limited entry permit must comply with the vessel size requirements of
this subpart. A sablefish endorsement is also required for a vessel to
be used to fish in the primary season for the limited entry fixed gear
sablefish fishery, north of 36[deg] N. lat. Certain limited entry
permits will also have endorsements required for participation in a
specific fishery, such as the MS/CV endorsement and the C/P
endorsement.
(A) Until the trawl rationalization program is implemented, a
catcher vessel participating in either the Pacific whiting shore-based
or mothership sector must, in addition to being registered for use with
a limited entry permit, be registered for use with a sector-appropriate
Pacific whiting vessel license under Sec. 660.26, subpart C. A vessel
participating in the Pacific whiting catcher/processor sector must, in
addition to being registered for use with a limited entry permit, be
registered for use with a sector-appropriate Pacific whiting vessel
license under Sec. 660.26, subpart C. Although a mothership vessel
participating in the Pacific whiting mothership sector is not required
to be registered for use with a limited entry permit, such vessel must
be registered for use with a sector-appropriate Pacific whiting vessel
license under Sec. 660.26, subpart C.
(B) [Reserved]
(ii) Eligibility. Only a person eligible to own a documented vessel
under the terms of 46 U.S.C. 12113(a) may be issued or may hold a
limited entry permit.
(iii) Registration. Limited entry permits will normally be
registered for use with a particular vessel at the time the permit is
issued, renewed, transferred, or replaced. If the permit will be used
with a vessel other than the one registered on the permit, the permit
owner must register that permit for use with the new vessel through the
SFD. The reissued permit must be placed on board the new vessel in
order for the vessel to be used to fish in the limited entry fishery.
(A) For all limited entry permits, including MS permits, MS/CV
endorsed permits and C/P endorsed permits when they are not fishing in
the at-sea whiting fisheries, registration of a limited entry permit to
be used with a new vessel will take effect no earlier than the first
day of the next major limited entry cumulative limit period following
the date SFD receives the transfer form and the original permit.
(B) For MS permits, MS/CV endorsed permits and C/P endorsed permits
when they are fishing in the at-sea whiting fisheries, registration of
a limited entry permit to be used with a new vessel will take effect on
the date NMFS approves and issuance of the transferred permit.
(iv) Limited entry permits indivisible. Limited entry permits may
not be divided for use by more than one vessel.
(v) Initial administrative determination. SFD will make an IAD
regarding permit endorsements, renewal, replacement, and change in
vessel registration. SFD will notify the permit owner in writing with
an explanation of any determination to deny a permit endorsement,
renewal, replacement, or change in vessel registration. The SFD will
decline to act on an application for permit endorsement, renewal,
transfer, replacement, or registration of a limited entry permit if the
permit is subject to sanction provisions of the Magnuson-Stevens Act at
16 U.S.C. 1858(a) and implementing regulations at 15 CFR part 904,
subpart D, apply.
(2) Mothership (MS) permit. The MS permit conveys a conditional
privilege for the vessel registered to it, to participate in the MS
fishery by receiving and processing deliveries of groundfish in the
Pacific whiting mothership sector. A MS permit is a type of limited
entry permit. A MS permit does not have any endorsements affixed to the
permit, as listed in paragraph (b)(3) of this section. The provisions
for the MS permit, including eligibility, renewal, change of permit
ownership, vessel registration, fees, and appeals are described at
Sec. 660.150, subpart D.
(3) Endorsements--(i) ``A'' endorsement. A limited entry permit
with an ``A'' endorsement entitles the vessel registered to the permit
to fish in the limited entry fishery for all groundfish species with
the type(s) of limited entry gear specified in the endorsement, except
for sablefish harvested north of 36[deg] N. lat. during times and with
gears for which a sablefish endorsement is required. See paragraph
(b)(3)(iv) of this section for provisions on sablefish endorsement
requirements. An ``A'' endorsement is transferable with the limited
entry permit to another person, or to a
[[Page 33041]]
different vessel under the same ownership under paragraph (b)(4) of
this section. An ``A'' endorsement expires on failure to renew the
limited entry permit to which it is affixed. A MS permit is not
considered a limited entry ``A'' endorsed permit.
(ii) Gear endorsement. There are three types of gear endorsements:
trawl, longline and pot (trap). When limited entry ``A'' endorsed
permits were first issued, some vessel owners qualified for more than
one type of gear endorsement based on the landings history of their
vessels. Each limited entry ``A'' endorsed permit has one or more gear
endorsement(s). Gear endorsement(s) assigned to the permit at the time
of issuance will be permanent and shall not be modified. While
participating in the limited entry fishery, the vessel registered to
the limited entry ``A'' endorsed permit is authorized to fish the
gear(s) endorsed on the permit. While participating in the limited
entry, fixed gear primary fishery for sablefish described at Sec.
660.231, subpart E, a vessel registered to more than one limited entry
permit is authorized to fish with any gear, except trawl gear, endorsed
on at least one of the permits registered for use with that vessel.
During the limited entry fishery, permit holders may also fish with
open access gear, except that vessels fishing against primary sablefish
season cumulative limits described at Sec. 660.231, subpart E, may not
fish with open access gear against those limits. An MS permit does not
have a gear endorsement.
(iii) Vessel size endorsements--(A) General. Each limited entry
``A'' endorsed permit will be endorsed with the LOA for the size of the
vessel that initially qualified for the permit, except when permits are
combined into one permit to be registered for use with a vessel
requiring a larger size endorsement, the new permit will be endorsed
for the size that results from the combination of the permits.
(B) Limitations of size endorsements. (1) A limited entry permit
may be registered for use with a vessel up to 5 ft (1.52 m) longer
than, the same length as, or any length shorter than, the size endorsed
on the existing permit without requiring a combination of permits or a
change in the size endorsement.
(2) The vessel harvest capacity rating for each of the permits
being combined is that indicated in Table 3 of subpart C for the LOA
(in feet) endorsed on the respective limited entry permit. Harvest
capacity ratings for fractions of a foot in vessel length will be
determined by multiplying the fraction of a foot in vessel length by
the difference in the two ratings assigned to the nearest integers of
vessel length. The length rating for the combined permit is that
indicated for the sum of the vessel harvest capacity ratings for each
permit being combined. If that sum falls between the sums for two
adjacent lengths on Table 3 of subpart C, the length rating shall be
the higher length.
(C) Size endorsement requirements for sablefish-endorsed permits.
Notwithstanding paragraphs (b)(3)(iii)(A) and (B) of this section, when
multiple permits are ``stacked'' on a vessel, as described in paragraph
(b)(4)(iii), at least one of the permits must meet the size
requirements of those sections. The permit that meets the size
requirements of those sections is considered the vessel's ``base''
permit, as defined in Sec. 660.11, Subpart C. If more than one permit
registered for use with the vessel has an appropriate length
endorsement for that vessel, NMFS SFD will designate a base permit by
selecting the permit that has been registered to the vessel for the
longest time. If the permit owner objects to NMFS' selection of the
base permit, the permit owner may send a letter to NMFS SFD requesting
the change and the reasons for the request. If the permit requested to
be changed to the base permit is appropriate for the length of the
vessel, NMFS SFD will reissue the permit with the new base permit. Any
additional permits that are stacked for use with a vessel participating
in the limited entry fixed gear primary sablefish fishery may be
registered for use with a vessel even if the vessel is more than 5 ft
(1.5 m) longer or shorter than the size endorsed on the permit.
(iv) Sablefish endorsement and tier assignment--(A) General.
Participation in the limited entry fixed gear sablefish fishery during
the primary season north of 36[deg] N. lat., described in Sec.
660.231, Subpart E, requires that an owner of a vessel hold (by
ownership or lease) a limited entry permit, registered for use with
that vessel, with a longline or trap (or pot) endorsement and a
sablefish endorsement. Up to three permits with sablefish endorsements
may be registered for use with a single vessel. Limited entry permits
with sablefish endorsements are assigned to one of three different
cumulative trip limit tiers, based on the qualifying catch history of
the permit.
(1) A sablefish endorsement with a tier assignment will be affixed
to the permit and will remain valid when the permit is transferred.
(2) A sablefish endorsement and its associated tier assignment are
not separable from the limited entry permit, and therefore may not be
transferred separately from the limited entry permit.
(B) Issuance process for sablefish endorsements and tier
assignments. No new applications for sablefish endorsements will be
accepted after November 30, 1998. All tier assignments and subsequent
appeals processes were completed by September 1998.
(C) Ownership requirements and limitations. (1) No partnership or
corporation may own a limited entry permit with a sablefish endorsement
unless that partnership or corporation owned a limited entry permit
with a sablefish endorsement on November 1, 2000. Otherwise, only
individual human persons may own limited entry permits with sablefish
endorsements.
(2) No individual person, partnership, or corporation in
combination may have ownership interest in or hold more than 3 permits
with sablefish endorsements either simultaneously or cumulatively over
the primary season, except for an individual person, or partnerships or
corporations that had ownership interest in more than 3 permits with
sablefish endorsements as of November 1, 2000. The exemption from the
maximum ownership level of 3 permits only applies to ownership of the
particular permits that were owned on November 1, 2000. An individual
person, or partnerships or corporations that had ownership interest in
3 or more permits with sablefish endorsements as of November 1, 2000,
may not acquire additional permits beyond those particular permits
owned on November 1, 2000. If, at some future time, an individual
person, partnership, or corporation that owned more than 3 permits as
of November 1, 2000, sells or otherwise permanently transfers (not
holding through a lease arrangement) some of its originally owned
permits, such that they then own fewer than 3 permits, they may then
acquire additional permits, but may not have ownership interest in or
hold more than 3 permits.
(3) A partnership or corporation will lose the exemptions provided
in paragraphs (b)(3)(iv)(C)(1) and (2) of this section on the effective
date of any change in the corporation or partnership from that which
existed on November 1, 2000. A ``change'' in the partnership or
corporation is defined at Sec. 660.11, subpart C. A change in the
partnership or corporation must be reported to SFD within 15 calendar
days of the addition of a new shareholder or partner.
(4) Any partnership or corporation with any ownership interest in
or that holds a limited entry permit with a sablefish endorsement shall
document the extent of that ownership interest or
[[Page 33042]]
the individuals that hold the permit with the SFD via the
Identification of Ownership Interest Form sent to the permit owner
through the annual permit renewal process and whenever a change in
permit owner, permit holder, and/or vessel registration occurs as
described at paragraph (b)(4)(iv) and (v) of this section. SFD will not
renew a sablefish-endorsed limited entry permit through the annual
renewal process described at paragraph (b)(4)(i) of this section, or
approve a change in permit owner, permit holder, and/or vessel
registration unless the Identification of Ownership Interest Form has
been completed. Further, if SFD discovers through review of the
Identification of Ownership Interest Form that an individual person,
partnership, or corporation owns or holds more than 3 permits and is
not authorized to do so under paragraph (b)(3)(iv)(C)(2) of this
section, the individual person, partnership or corporation will be
notified and the permits owned or held by that individual person,
partnership, or corporation will be void and reissued with the vessel
status as ``unidentified'' until the permit owner owns and/or holds a
quantity of permits appropriate to the restrictions and requirements
described in paragraph (b)(3)(iv)(C)(2) of this section. If SFD
discovers through review of the Identification of Ownership Interest
Form that a partnership or corporation has had a change in membership
since November 1, 2000, as described in paragraph (b)(3)(iv)(C)(3) of
this section, the partnership or corporation will be notified, SFD will
void any existing permits, and reissue any permits owned and/or held by
that partnership or corporation in ``unidentified'' status with respect
to vessel registration until the partnership or corporation is able to
transfer those permits to persons authorized under this section to own
sablefish-endorsed limited entry permits.
(5) A person, partnership, or corporation that is exempt from the
owner-on-board requirement may sell all of their permits, buy another
sablefish-endorsed permit within up to a year from the date the last
permit was approved for transfer, and retain their exemption from the
owner-on-board requirements. An individual person, partnership or
corporation could only obtain a permit if it has not added or changed
individuals since November 1, 2000, excluding individuals that have
left the partnership or corporation or that have died.
(D) Sablefish at-sea processing prohibition and exemption. Vessels
are prohibited from processing sablefish at sea that were caught in the
primary sablefish fishery without sablefish at-sea processing
exemptions. The sablefish at-sea processing exemption has been issued
to a particular vessel and that permit and vessel owner who requested
the exemption. The exemption is not part of the limited entry permit.
The exemption is not transferable to any other vessel, vessel owner, or
permit owner for any reason. The sablefish at-sea processing exemption
will expire upon transfer of the vessel to a new owner or if the vessel
is totally lost, as defined at Sec. 660.11, subpart C.
(v) MS/CV endorsement. A MS/CV endorsement on a trawl limited entry
permit conveys a conditional privilege that allows a vessel registered
to it to fish in either the coop or non-coop fishery in the Mothership
Coop Program described at Sec. 660.150, subpart D. The provisions for
the MS/CV endorsed limited entry permit, including eligibility,
renewal, change of permit ownership, vessel registration, combinations,
accumulation limits, fees, and appeals are described at Sec. 660.150,
subpart D.
(vi) C/P endorsement. A C/P endorsement on a trawl limited entry
permit conveys a conditional privilege that allows a vessel registered
to it to fish in the C/P Coop Program described at Sec. 660.160,
subpart D. The provisions for the C/P endorsed limited entry permit,
including eligibility, renewal, change of permit ownership, vessel
registration, combinations, fees, and appeals are described at Sec.
660.160, subpart D.
(vii) Endorsement and exemption restrictions. ``A'' endorsements,
gear endorsements, sablefish endorsements and sablefish tier
assignments, MS/CV endorsements, and C/P endorsements may not be
transferred separately from the limited entry permit. Sablefish at-sea
processing exemptions are associated with the vessel and not with the
limited entry permit and may not be transferred at all.
(4) Limited entry permit actions- renewal, combination, stacking,
change of permit ownership or permit holdership, and transfer--(i)
Renewal of limited entry permits and gear endorsements. (A) Limited
entry permits expire at the end of each calendar year, and must be
renewed between October 1 and November 30 of each year in order to
remain in force the following year.
(B) Notification to renew limited entry permits will be issued by
SFD prior to September 1 each year to the permit owner's most recent
address in the SFD record. The permit owner shall provide SFD with
notice of any address change within 15 days of the change.
(C) Limited entry permit renewal requests received in SFD between
November 30 and December 31 will be effective on the date that the
renewal is approved. A limited entry permit that is allowed to expire
will not be renewed unless the permit owner requests reissuance by
March 31 of the following year and the SFD determines that failure to
renew was proximately caused by illness, injury, or death of the permit
owner.
(D) Limited entry permits with sablefish endorsements, as described
at paragraph (b)(3)(iv) of this section, will not be renewed until SFD
has received complete documentation of permit ownership as required
under paragraph (b)(3)(iv)(C)(4) of this section.
(E) Limited entry permits with an MS/CV endorsement or a MS permit,
will not be renewed until SFD has received complete documentation of
permit ownership as required under Sec. 660.150(g) and Sec.
660.150(f) of subpart D, respectively.
(ii) Combining Limited Entry ``A'' Permits. Two or more limited
entry permits with ``A'' gear endorsements for the same type of limited
entry gear may be combined and reissued as a single permit with a
larger size endorsement as described in paragraph (b)(3)(iii) of this
section.
(A) Sablefish-endorsed Permit. With respect to limited entry
permits endorsed for longline and pot (trap) gear, a sablefish
endorsement will be issued for the new permit only if all of the
permits being combined have sablefish endorsements. If two or more
permits with sablefish endorsements are combined, the new permit will
receive the same tier assignment as the tier with the largest
cumulative landings limit of the permits being combined.
(B) MS/CV Endorsed Permit. When a MS/CV endorsed permit is combined
with another non-C/P endorsed permit (including unendorsed permits),
the resulting permit will be MS/CV endorsed. If a MS/CV endorsed permit
is combined with a C/P endorsed permit, the MS/CV endorsement and catch
history assignment will not be reissued on the combined permit.
(C) C/P Endorsed Permit. A C/P endorsed permit that is combined
with a limited entry trawl permit that is not C/P endorsed will result
in a single C/P endorsed permit with a larger size endorsement. A MS/CV
endorsement on one of the permits being combined will not be reissued
on the resulting permit.
(iii) Stacking limited entry permits. ``Stacking'' limited entry
permits, as defined at Sec. 660.11, subpart C, refers to
[[Page 33043]]
the practice of registering more than one sablefish endorsed permit for
use with a single vessel. Only limited entry permits with sablefish
endorsements may be stacked. Up to 3 limited entry permits with
sablefish endorsements may be registered for use with a single vessel
during the primary sablefish season described at Sec. 660.231, subpart
E. Privileges, responsibilities, and restrictions associated with
stacking permits to fish in the primary sablefish fishery are described
at Sec. 660.231, subpart E and at paragraph (b)(3)(iv) of this
section.
(iv) Changes in permit ownership and permit holder. (A) General.
The permit owner may convey the limited entry permit to a different
person. The new permit owner will not be authorized to use the permit
until the change in permit ownership has been registered with and
approved by the SFD. The SFD will not approve a change in permit
ownership for a limited entry permit with a sablefish endorsement that
does not meet the ownership requirements for such permit described at
paragraph (b)(3)(iv)(C) of this section. The SFD will not approve a
change in permit ownership for a limited entry permit with a MS/CV
endorsement that does not meet the ownership requirements for such
permit described at Sec. 660.150(g)(3), subpart D. Change in permit
owner and/or permit holder applications must be submitted to SFD with
the appropriate documentation described at paragraph (b)(4)(vii) of
this section.
(B) Effective date. The change in ownership of the permit or change
in the permit holder will be effective on the day the change is
approved by SFD, unless there is a concurrent change in the vessel
registered to the permit. Requirements for changing the vessel
registered to the permit are described at paragraph (e) of this
section.
(C) Sablefish-endorsed permits. If a permit owner submits an
application to transfer a sablefish-endorsed limited entry permit to a
new permit owner or holder (transferee) during the primary sablefish
season described at Sec. 660.231, subpart E (generally April 1 through
October 31), the initial permit owner (transferor) must certify on the
application form the cumulative quantity, in round weight, of primary
season sablefish landed against that permit as of the application
signature date for the then current primary season. The transferee must
sign the application form acknowledging the amount of landings to date
given by the transferor. This certified amount should match the total
amount of primary season sablefish landings reported on state landing
receipts. As required at Sec. 660.12(b), subpart C, any person landing
sablefish must retain on board the vessel from which sablefish is
landed, and provide to an authorized officer upon request, copies of
any and all reports of sablefish landings from the primary season
containing all data, and in the exact manner, required by the
applicable state law throughout the primary sablefish season during
which a landing occurred and for 15 days thereafter.
(v) Changes in vessel registration--transfer of limited entry
permits and gear endorsements--(A) General. A permit may not be used
with any vessel other than the vessel registered to that permit. For
purposes of this section, a permit transfer occurs when, through SFD, a
permit owner registers a limited entry permit for use with a new
vessel. Permit transfer applications must be submitted to SFD with the
appropriate documentation described at paragraph (b)(4)(vii) of this
section. Upon receipt of a complete application, and following review
and approval of the application, the SFD will reissue the permit
registered to the new vessel. Applications to transfer limited entry
permits with sablefish endorsements will not be approved until SFD has
received complete documentation of permit ownership as described at
paragraph (b)(3)(iv)(C)(4) and as required under paragraph (b)(4)(vii)
of this section.
(B) Application. A complete application must be submitted to SFD in
order for SFD to review and approve a change in vessel registration. At
a minimum, a permit owner seeking to transfer a limited entry permit
shall submit to SFD a signed application form and his/her current
limited entry permit before the first day of the cumulative limit
period in which they wish to fish. If a permit owner provides a signed
application and current limited entry permit after the first day of a
cumulative limit period, the permit will not be effective until the
succeeding cumulative limit period. SFD will not approve a change in
vessel registration (transfer) until it receives a complete
application, the existing permit, a current copy of the USCG 1270, and
other required documentation.
(C) Effective date. Changes in vessel registration on permits will
take effect no sooner than the first day of the next major limited
entry cumulative limit period following the date that SFD receives the
signed permit transfer form and the original limited entry permit. No
transfer is effective until the limited entry permit has been reissued
as registered with the new vessel.
(D) Sablefish-endorsed permits. If a permit owner submits an
application to register a sablefish-endorsed limited entry permit to a
new vessel during the primary sablefish season described at Sec.
660.231, subpart E (generally April 1 through October 31), the initial
permit owner (transferor) must certify on the application form the
cumulative quantity, in round weight, of primary season sablefish
landed against that permit as of the application signature date for the
then current primary season. The new permit owner or holder
(transferee) associated with the new vessel must sign the application
form acknowledging the amount of landings to date given by the
transferor. This certified amount should match the total amount of
primary season sablefish landings reported on state landing receipts.
As required at Sec. 660.12(b), subpart C, any person landing sablefish
must retain on board the vessel from which sablefish is landed, and
provide to an authorized officer upon request, copies of any and all
reports of sablefish landings from the primary season containing all
data, and in the exact manner, required by the applicable state law
throughout the primary sablefish season during which a landing occurred
and for 15 days thereafter.
(vi) Restriction on frequency of transfers--(A) General. A permit
owner may designate the vessel registration for a permit as
``unidentified,'' meaning that no vessel has been identified as
registered for use with that permit. No vessel is authorized to use a
permit with the vessel registration designated as ``unidentified.'' A
vessel owner who removes a permit from his vessel and registers that
permit as ``unidentified'' is not exempt from VMS requirements at Sec.
660.14, subpart C unless specifically authorized by that section. When
a permit owner requests that the permit's vessel registration be
designated as ``unidentified,'' the transaction is not considered a
``transfer'' for purposes of this section. Any subsequent request by a
permit owner to change from the ``unidentified'' status of the permit
in order to register the permit with a specific vessel will be
considered a change in vessel registration (transfer) and subject to
the restriction on frequency and timing of changes in vessel
registration (transfer).
(B) Limited entry fixed gear and trawl-endorsed permits (without
MS/CV or C/P endorsements). Limited entry fixed gear and trawl-endorsed
permits (without MS/CV or C/P endorsements) permits may not be
registered for use with a different vessel (transfer) more than once
per calendar year, except in cases of death of a permit holder or if
[[Page 33044]]
the permitted vessel is totally lost as defined in Sec. 660.11,
subpart C. The exception for death of a permit holder applies for a
permit held by a partnership or a corporation if the person or persons
holding at least 50 percent of the ownership interest in the entity
dies.
(C) Limited Entry MS permits and Limited Entry Permits with MS/CV
or C/P Endorsements. Limited entry MS permits and limited entry permits
with MS/CV or C/P endorsements may be registered to another vessel up
to two times during the fishing season as long as the second transfer
is back to the original vessel. The original vessel is either the
vessel registered to the permit as of January 1, or if no vessel is
registered to the permit as of January 1, the original vessel is the
first vessel to which the permit is registered after January 1. After
the original vessel has been established, the first transfer would be
to another vessel, but any second transfer must be back to the original
vessel.
(vii) Application and supplemental documentation. Permit holders
may request a transfer (change in vessel registration) and/or change in
permit ownership or permit holder by submitting a complete application
form. In addition, a permit owner applying for renewal, replacement,
transfer, or change of ownership or change of permit holder of a
limited entry permit has the burden to submit evidence to prove that
qualification requirements are met. The following evidentiary standards
apply:
(A) For a request to change a vessel registration and/or change in
permit ownership or permit holder, the permit owner must provide SFD
with a current copy of the USCG Form 1270 for vessels of 5 net tons or
greater, or a current copy of a state registration form for vessels
under 5 net tons.
(B) For a request to change a vessel registration and/or change in
permit ownership or permit holder for sablefish-endorsed permits with a
tier assignment for which a corporation or partnership is listed as
permit owner and/or holder, an Identification of Ownership Interest
Form must be completed and included with the application form.
(C) For a request to change permit ownership for an MS permit or
for a request to change a vessel registration and/or change in permit
ownership or permit holder for an MS/CV endorsed limited entry trawl
permit, an Identification of Ownership Interest Form must be completed
and included with the application form.
(D) For a request to change the vessel registration to a permit,
the permit owner must submit to SFD a current marine survey conducted
by a certified marine surveyor in accordance with USCG regulations to
authenticate the length overall of the vessel being newly registered
with the permit. Marine surveys older than 3 years at the time of the
request for change in vessel registration will not be considered
``current'' marine surveys for purposes of this requirement.
(E) For a request to change a permit's ownership where the current
permit owner is a corporation, partnership or other business entity,
the applicant must provide to SFD a corporate resolution that
authorizes the conveyance of the permit to a new owner and which
authorizes the individual applicant to request the conveyance on behalf
of the corporation, partnership, or other business entity.
(F) For a request to change a permit's ownership that is
necessitated by the death of the permit owner(s), the individual(s)
requesting conveyance of the permit to a new owner must provide SFD
with a death certificate of the permit owner(s) and appropriate legal
documentation that either: specifically transfers the permit to a
designated individual(s); or, provides legal authority to the
transferor to convey the permit ownership.
(G) For a request to change a permit's ownership that is
necessitated by divorce, the individual requesting the change in permit
ownership must submit an executed divorce decree that awards the permit
to a designated individual(s).
(H) Such other relevant, credible documentation as the applicant
may submit, or the SFD or Regional Administrator may request or
acquire, may also be considered.
(viii) Application forms available. Application forms for the
change in vessel registration (transfer) and change of permit ownership
or permit holder of limited entry permits are available from the SFD
(see part 600 for address of the Regional Administrator). Contents of
the application, and required supporting documentation, are specified
in the application form.
(ix) Records maintenance. The SFD will maintain records of all
limited entry permits that have been issued, renewed, transferred,
registered, or replaced.
(5) Small fleet. (i) Small limited entry fisheries fleets that are
controlled by a local government, are in existence as of July 11, 1991,
and have negligible impacts on the groundfish resource, may be
certified as consistent with the goals and objectives of the limited
entry program and incorporated into the limited entry fishery. Permits
issued under this subsection will be issued in accordance with the
standards and procedures set out in the PCGFMP and will carry the
rights explained therein.
(ii) A permit issued under this section may be registered only to
another vessel that will continue to operate in the same certified
small fleet, provided that the total number of vessels in the fleet
does not increase. A vessel may not use a small fleet limited entry
permit for participation in the limited entry fishery outside of
authorized activities of the small fleet for which that permit and
vessel have been designated.
(c) Quota Share (QS) Permit. A QS permit conveys a conditional
privilege to a person to own quota share for designated species and
species groups and to fish in the Shorebased IFQ Program described in
Sec. 660.140, subpart D. A QS permit is not a limited entry permit.
The provisions for the QS permit, including eligibility, renewal,
change of permit ownership, accumulation limits, fees, and appeals are
described at Sec. 660.140, subpart D.
(d) First receiver site license. The first receiver site license
conveys a conditional privilege to a first receiver to receive,
purchase, or take custody, control or possession of landings from the
Shorebased IFQ Program. The first receiver site license is issued for a
person and a unique physical site consistent with the terms and
conditions required to account for and weigh the landed species. A
first receiver site license is not a limited entry permit. The
provisions for the First Receiver Site License, including eligibility,
registration, change of ownership, fees, and appeals are described at
Sec. 660.140(f), subpart D.
(e) Coop Permits. [Reserved]
(1) MS coop permit. [Reserved]
(2) C/P coop permit. [Reserved]
(f) Permit fees. The Regional Administrator is authorized to charge
fees to cover administrative expenses related to issuance of permits
including initial issuance, renewal, transfer, vessel registration,
replacement, and appeals. The appropriate fee must accompany each
application.
(g) Permit appeals process--(1) General. For permit actions,
including issuance, renewal, change in vessel registration, change in
permit owner or permit holder, and endorsement upgrade, the Assistant
Regional Administrator for Sustainable Fisheries will make an initial
administrative determination (IAD) on the action. In cases where the
applicant disagrees
[[Page 33045]]
with the IAD, the applicant may appeal that decision. Final decisions
on appeals of IADs regarding issuance, renewal, change in vessel
registration, change in permit owner or permit holder, and endorsement
upgrade, will be made in writing by the Regional Administrator acting
on behalf of the Secretary of Commerce and will state the reasons
therefore. This section describes the procedures for appealing the IAD
on permit actions made in this title under subpart C through G of part
660. Additional information regarding appeals of an IAD related to the
trawl rationalization program is contained in the specific program
sections under subpart D of part 660.
(2) Who May Appeal? Only a person who received an IAD that
disapproved any part of their application may file a written appeal.
For purposes of this section, such person will be referred to as the
``applicant.''
(3) Submission of appeals. (i) The appeal must be in writing, must
allege credible facts or circumstances to show why the criteria in this
subpart have been met, and must include any relevant information or
documentation to support the appeal.
(ii) Appeals must be mailed or faxed to: National Marine Fisheries
Service, Northwest Region, Sustainable Fisheries Division, ATTN:
Appeals, 7600 Sand Point Way NE., Seattle, WA 98115; Fax: 206-526-6426;
or delivered to National Marine Fisheries Service at the same address.
(4) Timing of appeals. (i) If an applicant appeals an IAD, the
appeal must be postmarked, faxed, or hand delivered to NMFS no later
than 30 calendar days after the date on the IAD. If the applicant does
not appeal the IAD within 30 calendar days, the IAD becomes the final
decision of the Regional Administrator acting on behalf of the
Secretary of Commerce.
(ii) The time period to submit an appeal begins with the date on
the IAD. If the last day of the time period is a Saturday, Sunday, or
Federal holiday, the time period will extend to the close of business
on the next business day.
(5) Address of record. For purposes of the appeals process, NMFS
will establish as the address of record, the address used by the
applicant in initial correspondence to NMFS. Notifications of all
actions affecting the applicant after establishing an address of record
will be mailed to that address, unless the applicant provides NMFS, in
writing, with any changes to that address. NMFS bears no responsibility
if a notification is sent to the address of record and is not received
because the applicant's actual address has changed without notification
to NMFS.
(6) Decisions on appeals. (i) For the appeal of an IAD related to
the application and initial issuance process for the trawl
rationalization program listed in subpart D of part 660, the RA shall
appoint an appeals officer. After determining there is sufficient
information and that all procedural requirements have been met, the
appeals officer will review the record and issue a recommendation on
the appeal to the RA, which shall be advisory only. The recommendation
must be based solely on the record. Upon receiving the findings and
recommendation, the RA shall issue a final decision on the appeal in
accordance with paragraph (g)(6)(ii) of this section.
(ii) Final decision on appeal. The RA will issue a written decision
on the appeal which is the final decision of the Secretary of Commerce.
(7) Status of permits pending appeal. (i) For all permit actions,
except those actions related to the application and initial issuance
process for the trawl rationalization program listed in subpart D of
part 660, the permit registration remains as it was prior to the
request until the final decision has been made.
(ii) For permit actions related to the application and initial
issuance process for the trawl rationalization program listed in
subpart D of part 660, the status of permits pending appeal is as
follows:
(A) For permit and endorsement qualifications and eligibility
appeals (i.e., QS permit, MS permit, MS/CV endorsement, C/P
endorsement), any permit or endorsement under appeal after December 31,
2010, may not be used to fish in the Pacific Coast groundfish fishery
until a final decision on the appeal has been made. If the permit or
endorsement will be issued, the permit or endorsement will be effective
upon approval, except for QS permits, which will be effective at the
start of the next fishing year.
(B) For a QS amount for specific IFQ management unit species under
appeal, the QS amount for the IFQ species under appeal will remain as
the amount assigned to the associated QS permit in the IAD. The QS
permit may be used to fish in the Pacific Coast groundfish fishery with
the QS amounts assigned to the QS permit in the IAD. Once a final
decision on the appeal has been made and if a revised QS amount for a
specific IFQ species will be assigned to the QS permit, the additional
QS amount associated with the QS permit will be effective at the start
of the next calendar year following the final decision.
(C) For a Pacific whiting catch history assignment associated with
a MS/CV endorsement under appeal, the catch history assignment will
remain as that previously assigned to the associated MS/CV endorsed
limited entry permit in the IAD. The MS/CV endorsed limited entry
permit may be used to fish in the Pacific Coast groundfish fishery with
the catch history assigned to the MS/CV endorsed permit in the IAD.
Once a final decision on the appeal has been made, and if a revised
catch history assignment will be issued, the additional Pacific whiting
catch history assignment associated with the MS/CV endorsement will be
effective at the start of the next calendar year following the final
decision.
(h) Permit sanctions. (1) All permits and licenses issued or
applied for under Subparts C through G are subject to sanctions
pursuant to the Magnuson Act at 16 U.S.C. 1858(g) and 15 CFR part 904,
subpart D.
(2) All shorebased IFQ fishery permits (QS permit, first receiver
site license), QS accounts, vessel accounts, and Coop fishery permits
(MS permit, MS/CV endorsed permit, C/P endorsed permit, coop permit)
issued under subpart D:
(i) Are considered permits for the purposes of 16 U.S.C. 1857,
1858, and 1859;
(ii) May be revoked, limited, or modified at any time in accordance
with the Magnuson Act, including revocation if the system is found to
have jeopardized the sustainability of the stocks or the safety of
fishermen;
(iii) Shall not confer any right of compensation to the holder of
such permits, licenses, and accounts if it is revoked, limited, or
modified;
(iv) Shall not create, or be construed to create, any right, title,
or interest in or to any fish before the fish is harvested by the
holder; and
(v) Shall be considered a grant of permission to the holder of the
permit, license, or account to engage in activities permitted by such
permit, license, or account.
Sec. 660.26 Pacific whiting vessel licenses.
(a) General. After May 11, 2009, participation in the Pacific
whiting seasons described in Sec. 660.131(b), subpart D requires:
(1) An owner of any vessel that catches Pacific whiting must own a
limited entry permit, registered for use with that vessel, with a trawl
gear endorsement; and, a Pacific whiting vessel license registered for
use with that vessel and appropriate to the sector or sectors in which
the vessel intends to fish;
[[Page 33046]]
(2) An owner of any mothership vessel that processes Pacific
whiting to hold a Pacific whiting vessel license registered for use
with that vessel and appropriate to the sector or sectors in which the
vessel intends to fish.
(b) In combination with a Limited Entry Permit. Pacific whiting
vessel licenses are separate from limited entry permits and do not
license a vessel to harvest Pacific whiting in the primary Pacific
whiting season unless that vessel is also registered for use with a
limited entry permit with a trawl gear endorsement.
(c) Pacific whiting vessel license qualifying criteria. (1)
Qualifying catch and/or processing history. Vessel catch and/or
processing history will be used to determine whether that vessel meets
the qualifying criteria for a Pacific whiting vessel license and to
determine the sectors for which that vessel may qualify. Vessel catch
and/or processing history includes only the catch and/or processed
product of that particular vessel, as identified in association with
the vessel's USCG number. Only Pacific whiting regulated 50 CFR part
660, subparts C and D that was taken with midwater (or pelagic) trawl
gear will be considered for the Pacific whiting vessel license. Pacific
whiting harvested or processed by a vessel that has since been totally
lost, scrapped, or is rebuilt such that a new U.S.C.G. documentation
number would be required will not be considered for this license.
Pacific whiting harvested or processed illegally or landed illegally
will not be considered for this license. Catch and/or processing
history associated with a vessel whose permit was purchased by the
Federal Government through the Pacific Coast groundfish fishing
capacity reduction program, as identified at 68 FR 62435 (November 4,
2003), does not qualify a vessel for a Pacific whiting vessel license
and no vessel owner may apply for or receive a Pacific whiting vessel
license based on catch and/or processing history from one of those
buyback vessels. The following sector-specific license qualification
criteria apply:
(i) For catcher/processor vessels, the qualifying criteria for a
Pacific whiting vessel license is evidence of having caught and
processed any amount of Pacific whiting during a primary catcher/
processor season during the period January 1, 1997 through January 1,
2007.
(ii) For mothership at-sea processing vessels, the qualifying
criteria for a Pacific whiting vessel license is documentation of
having received and processed any amount of Pacific whiting during a
primary mothership season during the period January 1, 1997 through
January 1, 2007.
(iii) For catcher vessels delivering Pacific whiting to at-sea
mothership processing vessels, the qualifying criteria for a Pacific
whiting vessel license is documentation of having delivered any amount
of Pacific whiting to a mothership processor during a primary
mothership season during the period January 1, 1997, through January 1,
2007.
(iv) For catcher vessels delivering Pacific whiting to Pacific
whiting shoreside first receivers, the qualifying criteria for a
Pacific whiting vessel license is documentation of having made at least
one landing of Pacific whiting taken with midwater trawl gear during a
primary shore-based season during the period January 1, 1994, through
January 1, 2007, and where the weight of Pacific whiting exceeded 50
percent of the total weight of the landing.
(2) Documentation and burden of proof. A vessel owner applying for
a Pacific whiting vessel license has the burden to submit documentation
that qualification requirements are met. An application that does not
include documentation of meeting the qualification requirements during
the qualifying years will be considered incomplete and will not be
reviewed. The following standards apply:
(i) A certified copy of the current vessel document (USCG or State)
is the best documentation of vessel ownership and LOA.
(ii) A certified copy of a State fish receiving ticket is the best
documentation of a landing at a Pacific whiting shoreside first
receiver, and of the type of gear used.
(iii) For participants in the at-sea Pacific whiting fisheries,
documentation of participation could include, but is not limited to: A
final observer report documenting a particular catcher vessel,
mothership, or catcher/processor's participation in the Pacific whiting
fishery in an applicable year and during the applicable primary season,
a bill of lading for Pacific whiting from an applicable year and during
the applicable primary season, a catcher vessel receipt from a
particular mothership known to have fished in the Pacific whiting
fishery during an applicable year, a signed copy of a Daily Receipt of
Fish and Cumulative Production Logbook (mothership sector) or Daily
Fishing and Cumulative Production Logbook (catcher/processor sector)
from an applicable year during the applicable primary season.
(iv) Such other relevant, credible documentation as the applicant
may submit, or the SFD or the Regional Administrator request or
acquire, may also be considered.
(d) Issuance process for Pacific whiting vessel licenses. (1) SFD
will mail, to the most recent address provided to the SFD, Permits
Office, a Pacific whiting vessel license application to all current and
prior owners of vessels that have been registered for use with limited
entry permits with trawl endorsements, excluding owners of those
vessels whose permits were purchased through the Pacific Coast
groundfish fishing capacity reduction program. NMFS will also make
license applications available online at: http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm. A vessel owner who
believes that his/her vessel may qualify for the Pacific whiting vessel
license will have until May 11, 2009, to submit an application with
documentation showing how his/her vessel has met the qualifying
criteria described in this section. NMFS will not accept applications
for Pacific whiting vessel licenses received after May 11, 2009.
(2) After receipt of a complete application, NMFS will notify
applicants by letter of its determination whether their vessels qualify
for Pacific whiting vessel licenses and the sector or sectors to which
the licenses apply. Vessels that have met the qualification criteria
will be issued the appropriate licenses at that time. After May 11,
2009, NMFS will publish a list of vessels that qualified for Pacific
whiting vessel licenses in the Federal Register.
(3) If a vessel owner files an appeal from the determination under
paragraph (d)(2) of this section, the appeal must be filed with the
Regional Administrator within 30 calendar days of the issuance of the
letter of determination. The appeal must be in writing and must allege
facts or circumstances, and include credible documentation
demonstrating why the vessel qualifies for a Pacific whiting vessel
license. The appeal of a denial of an application for a Pacific whiting
vessel license will not be referred to the Council for a
recommendation, nor will any appeals be accepted by NMFS after June 15,
2009.
(4) Absent good cause for further delay, the Regional Administrator
will issue a written decision on the appeal within 30 calendar days of
receipt of the appeal. The Regional Administrator's decision is the
final administrative decision of the Department of Commerce as of the
date of the decision.
(e) Notification to NMFS of changes to Pacific whiting vessel
license information. The owner of a vessel
[[Page 33047]]
registered for use with a Pacific whiting vessel license must provide a
written request to NMFS to change the name or names of vessel owners
provided on the vessel license, or to change the licensed vessel's
name. The request must detail the names of all new vessel owners as
registered with U.S. Coast Guard, a business address for the vessel
owner, business phone and fax number, tax identification number, date
of birth, and/or date of incorporation for each individual and/or
entity, and a copy of the vessel documentation (USCG 1270) to show
proof of ownership. NMFS will reissue a new vessel license with the
names of the new vessel owners and/or vessel name information. The
Pacific Whiting vessel license is considered void if the name of the
vessel or vessel owner is changed from that given on the license. In
addition, the vessel owner must report to NMFS any change in address
for the vessel owner within 15 days of that change. Although the name
of an individual vessel registered for use with a Pacific whiting
vessel license may be changed, the license itself may not be registered
to any vessel other than the vessel to which it was originally issued,
as identified by that vessel's United States Coast Guard documentation
number.
Sec. 660.30 Compensation with fish for collecting resource
information--EFPs.
In addition to the reasons stated in Sec. 600.745(b)(1) of this
chapter, an EFP may be issued under this subpart C for the purpose of
compensating the owner or operator of a vessel for collecting resource
information according to a protocol approved by NMFS. NMFS may issue an
EFP allowing a vessel to retain fish as compensation in excess of trip
limits or to be exempt from other specified management measures for the
Pacific coast groundfish fishery.
(a) Compensation EFP for vessels under contract with NMFS to
conduct a resource survey. NMFS may issue an EFP to the owner or
operator of a vessel that conducted a resource survey according to a
contract with NMFS. A vessel's total compensation from all sources (in
terms of dollars or amount of fish, including fish from survey samples
or compensation fish) will be determined through normal Federal
procurement procedures. The compensation EFP will specify the maximum
amount or value of fish the vessel may take and retain after the
resource survey is completed.
(1) Competitive offers. NMFS may initiate a competitive
solicitation (request for proposals or RFP) to select vessels to
conduct resource surveys that use fish as full or partial compensation,
following normal Federal procurement procedures.
(2) Consultation and approval. At a Council meeting, NMFS will
consult with the Council and receive public comment on upcoming
resource surveys to be conducted if groundfish could be used as whole
or partial compensation. Generally, compensation fish would be similar
to surveyed species, but there may be reasons to provide payment with
healthier, more abundant, less restricted stocks, or more easily
targeted species. For example, NMFS may decline to pay a vessel with
species that are, or are expected to be, overfished, or that are
subject to overfishing, or that are unavoidably caught with species
that are overfished or subject to overfishing. NMFS may also consider
levels of discards, bycatch, and other factors. If the Council does not
approve providing whole or partial compensation for the conduct of a
survey, NMFS will not use fish, other than fish taken during the
scientific research, as compensation for that survey. For each
proposal, NMFS will present:
(i) The maximum number of vessels expected or needed to conduct the
survey,
(ii) An estimate of the species and amount of fish likely to be
needed as compensation,
(iii) When the survey and compensation fish would be taken, and
(iv) The year in which the compensation fish would be deducted from
the ABC before determining the optimum yield (harvest guideline or
quota).
(3) Issuance of the compensation EFP. Upon successful completion of
the survey, NMFS will issue a ``compensation EFP'' to the vessel if it
has not been fully compensated. The procedures in Sec. 600.745(b)(1)
through (b)(4) of this chapter do not apply to a compensation EFP
issued under this subpart for the Pacific coast groundfish fishery (50
CFR part 660, subparts C through G).
(4) Terms and conditions of the compensation EFP. Conditions for
disposition of bycatch or any excess catch, for reporting the value of
the amount landed, and other appropriate terms and conditions may be
specified in the EFP. Compensation fishing must occur during the period
specified in the EFP, but no later than the end of September of the
fishing year following the survey, and must be conducted according to
the terms and conditions of the EFP.
(5) Reporting the compensation catch. The compensation EFP may
require the vessel owner or operator to keep separate records of
compensation fishing and to submit them to NMFS within a specified
period of time after the compensation fishing is completed.
(6) Accounting for the compensation catch. As part of the harvest
specifications process, as described at Sec. 660.60, subpart C, NMFS
will advise the Council of the amount of fish authorized to be retained
under a compensation EFP, which then will be deducted from the next
harvest specifications (ABCs) set by the Council. Fish authorized in an
EFP too late in the year to be deducted from the following year's ABCs
will be accounted for in the next management cycle where it is
practicable to do so.
(b) Compensation for commercial vessels collecting resource
information under a standard EFP. NMFS may issue an EFP to allow a
commercial fishing vessel to take and retain fish in excess of current
management limits for the purpose of collecting resource information
(Sec. 600.745(b) of this chapter). The EFP may include a compensation
clause that allows the participating vessel to be compensated with fish
for its efforts to collect resource information according to NMFS'
approved protocol. If compensation with fish is requested in an EFP
application, or proposed by NMFS, the following provisions apply in
addition to those at Sec. 600.745(b) of this chapter.
(1) Application. In addition to the requirements in Sec.
600.745(b) of this chapter, application for an EFP with a compensation
clause must clearly state whether a vessel's participation is
contingent upon compensation with groundfish and, if so, the minimum
amount (in metric tons, round weight) and the species. As with other
EFPs issued under Sec. 600.745 of this chapter, the application may be
submitted by any individual, including a state fishery management
agency or other research institution.
(2) Denial. In addition to the reasons stated in Sec.
600.745(b)(3)(iii) of this chapter, the application will be denied if
the requested compensation fishery, species, or amount is unacceptable
for reasons such as, but not limited to, the following: NMFS concludes
the value of the resource information is not commensurate with the
value of the compensation fish; the proposed compensation involves
species that are (or are expected to be) overfished or subject to
overfishing, fishing in times or areas where fishing is otherwise
prohibited or severely restricted, or fishing for species that would
involve unavoidable bycatch of species that are overfished or subject
to overfishing; or NMFS concludes the information can
[[Page 33048]]
reasonably be obtained at a less cost to the resource.
(3) Window period for other applications. If the Regional
Administrator or designee agrees that compensation should be
considered, and that more than a minor amount would be used as
compensation, then a window period will be announced in the Federal
Register during which additional participants will have an opportunity
to apply. This notification would be made at the same time as
announcement of receipt of the application and request for comments
required under Sec. 600.745(b). If there are more qualified applicants
than needed for a particular time and area, NMFS will choose among the
qualified vessels, either randomly, in order of receipt of the
completed application, or by other impartial selection methods. If the
permit applicant is a state, university, or Federal entity other than
NMFS, and NMFS approves the selection method, the permit applicant may
choose among the qualified vessels, either randomly, in order of
receipt of the vessel application, or by other impartial selection
methods.
(4) Terms and conditions. The EFP will specify the amounts that may
be taken as scientific samples and as compensation, the time period
during which the compensation fishing must occur, management measures
that NMFS will waive for a vessel fishing under the EFP, and other
terms and conditions appropriate to the fishery and the collection of
resource information. NMFS may require compensation fishing to occur on
the same trip that the resource information is collected.
(5) Accounting for the catch. Samples taken under this EFP, as well
as any compensation fish, count toward the current year's catch or
landings.
Sec. 660.40 Overfished species rebuilding plans.
For each overfished groundfish stock with an approved rebuilding
plan, this section contains the standards to be used to establish
annual or biennial OYs, specifically the target date for rebuilding the
stock to its MSY level and the harvest control rule to be used to
rebuild the stock. The harvest control rule is expressed as a
``Spawning Potential Ratio'' or ``SPR'' harvest rate.
(a) Bocaccio. The target year for rebuilding the southern bocaccio
stock to BMSY is 2026. The harvest control rule to be used
to rebuild the southern bocaccio stock is an annual SPR harvest rate of
77.7 percent.
(b) Canary rockfish. The target year for rebuilding the canary
rockfish stock to BMSY is 2021. The harvest control rule to
be used to rebuild the canary rockfish stock is an annual SPR harvest
rate of 88.7 percent.
(c) Cowcod. The target year for rebuilding the cowcod stock south
of Point Conception to BMSY is 2072. The harvest control
rule to be used to rebuild the cowcod stock is an annual SPR harvest
rate of 82.1 percent.
(d) Darkblotched rockfish. The target year for rebuilding the
darkblotched rockfish stock to BMSY is 2028. The harvest
control rule to be used to rebuild the darkblotched rockfish stock is
an annual SPR harvest rate of 62.1 percent.
(e) Pacific Ocean Perch (POP). The target year for rebuilding the
POP stock to BMSY is 2017. The harvest control rule to be
used to rebuild the POP stock is an annual SPR harvest rate of 86.4
percent.
(f) Widow rockfish. The target year for rebuilding the widow
rockfish stock to BMSY is 2015. The harvest control rule to
be used to rebuild the widow rockfish stock is an annual SPR harvest
rate of 95.0 percent.
(g) Yelloweye rockfish. The target year for rebuilding the
yelloweye rockfish stock to BMSY is 2084. The harvest
control rule to be used to rebuild the yelloweye rockfish stock is an
annual SPR harvest rate of 66.3 percent in 2009 and in 2010. Yelloweye
rockfish is subject to a ramp-down strategy where the harvest level has
been reduced annually from 2007 through 2009. Yelloweye rockfish will
remain at the 2009 level in 2010. Beginning in 2011, yelloweye rockfish
will be subject to a constant harvest rate strategy with a constant SPR
harvest rate of 71.9 percent.
Sec. 660.50 Pacific Coast treaty Indian fisheries.
(a) Pacific Coast treaty Indian tribes have treaty rights. Pacific
Coast treaty Indian tribes have treaty rights to harvest groundfish in
their usual and accustomed fishing areas in U.S. waters. In 1994, the
United States formally recognized that the four Washington coastal
treaty Indian tribes (Makah, Quileute, Hoh, and Quinault) have treaty
rights to fish for groundfish in the Pacific Ocean, and concluded that,
in general terms, the quantification of those rights is 50 percent of
the harvestable surplus of groundfish that pass through the tribes U&A
fishing areas.
(b) Pacific Coast treaty Indian tribes. For the purposes of this
part, Pacific Coast treaty Indian tribes means the Hoh, Makah, and
Quileute Indian Tribes and the Quinault Indian Nation.
(c) Usual and accustomed fishing areas (U&A). The Pacific Coast
treaty Indian tribes' U&A fishing areas within the fishery management
area (FMA) are set out below in paragraphs (c)(1) through (c)(4) of
this section. Boundaries of a tribe's fishing area may be revised as
ordered by a Federal court.
(1) Makah. That portion of the FMA north of 48[deg]02.25[min] N.
lat. (Norwegian Memorial) and east of 125[deg]44[min] W. long.
(2) Quileute. That portion of the FMA between 48[deg]07.60[min] N.
lat. (Sand Point) and 47[deg]31.70[min] N. lat. (Queets River) and east
of 125[deg]44[min] W. long.
(3) Hoh. That portion of the FMA between 47[deg]54.30[min] N. lat.
(Quillayute River) and 47[deg]21[min] N. lat. (Quinault River) and east
of 125[deg]44[min] W. long.
(4) Quinault. That portion of the FMA between 47[deg]40.10[min] N.
lat. (Destruction Island) and 46[deg]53.30[min] N. lat. (Point
Chehalis) and east of 125[deg]44[min] W. long.
(d) Procedures. The rights referred to in paragraph (a) of this
section will be implemented by the Secretary, after consideration of
the tribal request, the recommendation of the Council, and the comments
of the public. The rights will be implemented either through an
allocation or set-aside of fish that will be managed by the tribes, or
through regulations in this section that will apply specifically to the
tribal fisheries.
(1) Tribal allocations, set-asides, and regulations. An allocation,
set-aside or a regulation specific to the tribes shall be initiated by
a written request from a Pacific Coast treaty Indian tribe to the
Regional Administrator, prior to the first Council meeting in which
biennial harvest specifications and management measures are discussed
for an upcoming biennial management period. The Secretary generally
will announce the annual tribal allocations at the same time as the
announcement of the harvest specifications.
(2) Co-management. The Secretary recognizes the sovereign status
and co-manager role of Indian tribes over shared Federal and tribal
fishery resources. Accordingly, the Secretary will develop tribal
allocations and regulations under this paragraph in consultation with
the affected tribe(s) and, insofar as possible, with tribal consensus.
(e) Fishing by a member of a Pacific Coast treaty Indian tribe. A
member of a Pacific Coast treaty Indian tribe fishing under this
section and within their U&A fishing area is not subject to the
provisions of other sections of subparts C through G of this part.
(1) Identification. A valid treaty Indian identification card
issued pursuant to 25 CFR part 249, subpart A, is prima facie evidence
that the holder
[[Page 33049]]
is a member of the Pacific Coast treaty Indian tribe named on the card.
(2) Permits. A limited entry permit described under Sec. 660.25,
subpart C is not required for a member of a Pacific Coast treaty Indian
tribe to fish in a tribal fishery described in paragraph (d) of this
section.
(3) Federal and tribal laws and regulations. Any member of a
Pacific Coast treaty Indian tribe must comply with this section, and
with any applicable tribal law and regulation, when participating in a
tribal groundfish fishery described in this section.
(4) Fishing outside the U&A or without a groundfish allocation.
Fishing by a member of a Pacific Coast treaty Indian tribe outside the
applicable Indian tribe's usual and accustomed fishing area, or for a
species of groundfish not covered by an allocation, set-aside, or
regulation under this section, is subject to the regulations in the
other sections of subpart C through subpart G of this part. Treaty
fisheries operating within tribal allocations are prohibited from
operating outside U&A fishing areas.
(f) Pacific Coast treaty Indian fisheries allocations and harvest
guidelines. The tribal harvest guideline for black rockfish is provided
in paragraph (f)(1) of this section. Tribal fishery allocations for
sablefish are provided in paragraph (f)(2) of this section, and Pacific
whiting are provided in paragraph (f)(4) of this section. Trip limits
for certain species were recommended by the tribes and the Council and
are specified here with the tribal allocations.
(1) Black rockfish. (i) Harvest guidelines for commercial harvests
of black rockfish by members of the Pacific Coast Indian tribes using
hook and line gear will be established biennially for two subsequent
one-year periods for the areas between the U.S.-Canadian border and
Cape Alava (48[deg]09.50[min] N. lat.) and between Destruction Island
(47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] N.
lat.), in accordance with the procedures for implementing harvest
specifications and management measures. Pacific Coast treaty Indians
fishing for black rockfish in these areas under these harvest
guidelines are subject to the provisions in this section, and not to
the restrictions in other sections of subparts C through G of this
part.
(ii) For the commercial harvest of black rockfish off Washington
State, a treaty Indian tribes' harvest guideline is set at 30,000 lb
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50[min] N.
lat.) and 10,000 lb (4,536 kg) for the area between Destruction Island,
WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA (46[deg]38.17[min]
N. lat.). This harvest guideline applies and is available to the
Pacific Coast treaty Indian tribes. There are no tribal harvest
restrictions for black rockfish in the area between Cape Alava and
Destruction Island.
(2) Sablefish. (i) The sablefish allocation to Pacific coast treaty
Indian tribes is 10 percent of the sablefish total catch OY for the
area north of 36[deg] N. lat. This allocation represents the total
amount available to the treaty Indian fisheries before deductions for
discard mortality.
(ii) The tribal allocation is 694 mt per year. This allocation is,
for each year, 10 percent of the Monterey through Vancouver area (North
of 36[deg] N. lat.) OY, less 1.6 percent estimated discard mortality.
(3) Lingcod. Lingcod taken in the treaty fisheries are subject to
an overall expected total lingcod catch of 250 mt.
(4) Pacific whiting. The tribal allocation for 2010 is 49,939 mt.
(5) Pacific cod. There is a tribal harvest guideline of 400 mt of
Pacific cod. The tribes will manage their fisheries to stay within this
harvest guideline.
(g) Washington coastal tribal fisheries management measures--(1)
Rockfish. The tribes will require full retention of all overfished
rockfish species and all other marketable rockfish species during
treaty fisheries.
(2) Thornyheads. The tribes will manage their fisheries to the
limited entry trip limits in place at the beginning on the year for
both shortspine and longspine thornyheads as follows:
(i) Trawl gear. (A) Shortspine thornyhead cumulative trip limits
are as follows:
(1) Small and large footrope trawl gear--17,000-lb (7,711-kg) per 2
months.
(2) Selective flatfish trawl gear--3,000-lb (1,361-kg) per 2
months.
(3) Multiple bottom trawl gear--3,000-lb (1,361-kg) per 2 months.
(B) Longspine thornyhead cumulative trip limits are as follows:
(1) Small and large footrope trawl gear--22,000-lb (9,979-kg) per 2
months.
(2) Selective flatfish trawl gear--5,000-lb (2,268-kg) per 2
months.
(3) Multiple bottom trawl gear--5,000-lb (2,268-kg) per 2 months.
(ii) Fixed gear. (A) Shortspine thornyhead cumulative trip limits
are 2,000-lb (907-kg) per 2 months.
(B) Longspine thornyhead cumulative trip limits are 10,000-lb
(4,536-kg) per 2 months.
(3) Canary rockfish--are subject to a 300-lb (136-kg) trip limit.
(4) Yelloweye rockfish--are subject to a 100-lb (45-kg) trip limit.
(5) Yellowtail and widow rockfish. The Makah Tribe will manage the
midwater trawl fisheries as follows: yellowtail rockfish taken in the
directed tribal mid-water trawl fisheries are subject to a cumulative
limit of 180,000-lb (81,647-kg) per 2-month period for the entire
fleet. Landings of widow rockfish must not exceed 10 percent of the
weight of yellowtail rockfish landed, for a given vessel, throughout
the year. These limits may be adjusted by the tribe inseason to
minimize the incidental catch of canary rockfish and widow rockfish,
provided the average 2-month cumulative yellowtail rockfish limit does
not exceed 180,000-lb (81,647-kg) for the fleet.
(6) Other rockfish. Other rockfish, including minor nearshore,
minor shelf, and minor slope rockfish groups are subject to a 300-lb
(136-kg) trip limit per species or species group, or to the non-tribal
limited entry trip limit for those species if those limits are less
restrictive than 300-lb (136 kg) per trip.
(7) Flatfish and other fish. Treaty fishing vessels using bottom
trawl gear are subject to the limits applicable to the non-tribal
limited entry trawl fishery for Dover sole, English sole, rex sole,
arrowtooth flounder, and other flatfish in place at the beginning of
the season. For Dover sole and arrowtooth flounder, the limited entry
trip limits in place at the beginning of the season will be combined
across periods and the fleet to create a cumulative harvest target. The
limits available to individual vessels will then be adjusted inseason
to stay within the overall harvest target as well as estimated impacts
to overfished species. For petrale sole, treaty fishing vessels are
restricted to a 50,000-lb (22,680 kg) per 2 month limit for the entire
year. Trawl vessels are restricted to using small footrope trawl gear.
(8) Pacific whiting. Tribal whiting processed at-sea by non-tribal
vessels, must be transferred within the tribal U&A from a member of a
Pacific Coast treaty Indian tribe fishing under this section.
(9) Spiny dogfish. The tribes will manage their spiny dogfish
fishery within the limited entry trip limits for the non-tribal
fisheries.
(10) Groundfish without a tribal allocation. Makah tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
(11) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12 of this
[[Page 33050]]
subpart, do not apply to tribal fisheries in their U&A fishing areas.
Sec. 660.55 Allocations.
(a) General. An allocation is the apportionment of a harvest
privilege for a specific purpose, to a particular person, group of
persons, or fishery sector. The opportunity to harvest Pacific Coast
groundfish is allocated among participants in the fishery when the OYs
for a given year are established in the biennial harvest
specifications. For certain species, primarily trawl-dominant species,
beginning with the 2011-2012 biennial specifications process, separate
allocations for the trawl fishery and nontrawl fishery (which for this
purpose includes limited entry fixed gear, open access, and
recreational fisheries) will be established biennially or annually
using the standards and procedures described in Chapter 6 of the
PCGFMP. Chapter 6 of the PCGFMP provides the allocation structure and
percentages for species allocated between the trawl and nontrawl
fisheries. For other species and/or areas, separate allocations for the
limited entry and open access fisheries will be established using the
procedures described in Chapters 6 and 11 of the PCGFMP and this
subpart. Allocation of sablefish north of 36[deg] N. lat. is described
in paragraph (h) of this section and in the PCGFMP. Allocation of
Pacific whiting is described in paragraph (i) of this section and in
the PCGFMP. Allocation of black rockfish is described in paragraph (l)
of this section. Allocation of Pacific halibut bycatch is described in
paragraph (m) of this section. Allocations not specified in the PCGFMP
are established in regulation through the biennial harvest
specifications and are listed in Tables 1 a through d and Tables 2 a
through d of this subpart.
(b) Fishery harvest guidelines and reductions made prior to fishery
allocations. Beginning with the 2011-2012 biennial specifications
process and prior to the setting of fishery allocations, the OY is
reduced by the Pacific Coast treaty Indian tribal harvest (allocations,
set-asides, and estimated harvest under regulations at Sec. 660.50);
projected scientific research catch of all groundfish species,
estimates of fishing mortality in non-groundfish fisheries and, as
necessary, set-asides for EFPs. The remaining amount after these
deductions is the fishery harvest guideline or quota. (note:
recreational estimates are not deducted here).
(1) Pacific Coast treaty Indian tribal allocations, set-asides, and
regulations are specified during the biennial harvest specifications
process and are found at Sec. 660.50 and in Tables 1a and 2a of this
subpart.
(2) Scientific research catch results from scientific research
activity as defined in regulations at 50 CFR 600.10.
(3) Estimates of fishing mortality in non-groundfish fisheries are
based on historical catch and projected fishing activities.
(4) EFPs are authorized and governed by Sec. 660.60(f).
(c) Trawl/Nontrawl allocations. (1) Beginning with the 2011-2012
biennial specifications process, the fishery harvest guideline or
quota, may be divided into allocations for groundfish trawl and
nontrawl (limited entry fixed gear, open access, and recreational)
fisheries. IFQ species not listed in the table below will be allocated
between the trawl and nontrawl fisheries through the biennial harvest
specifications process. Species/species groups and areas allocated
between the trawl and nontrawl fisheries listed in Chapter 6, Table 6-1
of the PCGFMP are allocated based on the percentages that follow:
Allocation Percentages for Limited Entry Trawl and Non-Trawl Sectors
Specified for FMP Groundfish Stocks and Stock Complexes
------------------------------------------------------------------------
All non-treaty LE All non-treaty non-
Stock or complex trawl sectors trawl sectors
(percent) (percent)
------------------------------------------------------------------------
Lingcod........................ 45................. 55
Pacific Cod.................... 95................. 5
Sablefish S. of 36[deg] N. lat. 42................. 58
PACIFIC OCEAN PERCH............ 95................. 5
WIDOW.......................... 91................. 9
Chilipepper S. of 75................. 25
40[deg]10[min] N. lat..
Splitnose S. of 40[deg]10[min] 95................. 5
N. lat..
Yellowtail N. of 40[deg]10[min] 88................. 12
N. lat..
Shortspine N. of 34[deg]27[min] 95................. 5
N. lat..
Shortspine S. of 34[deg]27[min] 50 mt.............. Remaining Yield
N. lat..
Longspine N. of 34[deg]27[min] 95................. 5
N. lat..
DARKBLOTCHED................... 95................. 5
Minor Slope RF North of 81................. 18
40[deg]10[min] N. lat..
Minor Slope RF South of 63................. 37
40[deg]10[min] N. lat..
Dover Sole..................... 95................. 5
English Sole................... 95................. 5
Petrale Sole................... 95................. 5
Arrowtooth Flounder............ 95................. 5
Starry Flounder................ 50................. 50
Other Flatfish................. 90................. 10
------------------------------------------------------------------------
(i) Trawl fishery allocation. The allocation for the limited entry
trawl fishery is derived by applying the trawl allocation percentage by
species/species group and area as specified in paragraph (c) of this
section and as specified during the biennial harvest specifications
process to the fishery harvest guideline for that species/species group
and area. For IFQ species other than darkblotched rockfish, Pacific
Ocean Perch, and widow rockfish, the trawl allocation will be further
subdivided among the trawl sectors (MS, C/P, and IFQ) as specified in
Sec. Sec. 660.140, 660.150, and 660.160 of subpart D. For darkblotched
rockfish, Pacific Ocean Perch, and widow
[[Page 33051]]
rockfish, the trawl allocation is further subdivided among the trawl
sectors (MS, C/P, and IFQ) as follows:
(A) Darkblotched rockfish. Allocate 9% or 25 mt, whichever is
greater, of the total trawl allocation of darkblotched rockfish to the
whiting fisheries (MS, C/P, and IFQ combined). The distribution of the
whiting trawl allocation of darkblotched to each sector (MS, C/P, and
IFQ) will be done pro rata relative to the sectors' whiting allocation.
After deducting allocations for the whiting fisheries, allocate the
remainder of the trawl allocation to the non-whiting fishery.
(B) Pacific Ocean Perch (POP). Allocate 17% or 30 mt, whichever is
greater, of the total trawl allocation of Pacific ocean perch to the
whiting fisheries (MS, C/P, and IFQ combined). The distribution of the
whiting trawl allocation of POP to each sector (MS, C/P, and IFQ) will
be done pro rata relative to the sectors' whiting allocation. After
deducting allocations for the whiting fisheries, allocate the remainder
of the trawl allocation to the non-whiting fishery.
(C) Widow rockfish. Allocate 52% of the total trawl allocation of
widow rockfish to the whiting sectors if the stock is under rebuilding
or 10% of the total trawl allocation or 500 mt of the trawl allocation
to the whiting sectors, whichever is greater, if the stock is rebuilt.
The latter allocation scheme automatically kicks in when widow rockfish
is declared rebuilt. The distribution of the whiting trawl allocation
of widow to each sector (MS, C/P, and IFQ) will be done pro rata
relative to the sectors' whiting allocation. After deducting
allocations for the whiting fisheries, allocate the remainder of the
trawl allocation to the non-whiting fishery.
(ii) Nontrawl fishery allocation. The allocation for the nontrawl
fishery is the fishery harvest guideline minus the allocation of the
species/species group and area to the trawl fishery. These amounts will
equal the nontrawl allocation percentage or amount by species for
species listed in paragraph (c) of this section and the nontrawl
allocation percentage from the biennial harvest specifications for
other IFQ species. The nontrawl allocation will be shared between the
limited entry fixed gear, open access, and recreational fisheries as
specified through the biennial harvest specifications process and
consistent with allocations in the PCGFMP.
(2) [Reserved]
(d) Commercial harvest guidelines. Beginning with the 2011-2012
biennial specifications process, to derive the commercial harvest
guideline, the fishery harvest guideline is further reduced by the
recreational set-asides. The commercial harvest guideline is then
allocated between the limited entry fishery (both trawl and fixed gear)
and the directed open access fishery, as appropriate.
(e) Limited Entry (LE)/Open Access (OA) Allocations--(1) LE/OA
allocation percentages. If a species is declared overfished, the open
access/limited entry allocation may be suspended for the duration of
the rebuilding plan. The allocations between the limited entry and open
access fisheries are based on standards from the PCGFMP.
(2) Species with LE/OA allocations. For species not listed in
paragraph (c) of this section, the allocation between the limited entry
(both trawl and fixed gear) and the open access fisheries is determined
by applying the percentage for those species with a LE/OA allocation to
the commercial harvest guideline plus the amount set-aside for the non-
groundfish fisheries.
(i) Limited entry allocation. The allocation for the limited entry
fishery is the commercial harvest guideline minus any allocation to the
directed open access fishery.
(ii) Open access allocation. The allocation for the open access
fishery is derived by applying the open access allocation percentage to
the annual commercial harvest guideline or quota plus the non-
groundfish fishery (i.e., incidental open access fishery) amount
described in paragraph (b) of this section. The result is the total
open access allocation. The portion that is set-aside for the non-
groundfish fisheries is deducted and the remainder is the directed open
access portion. For management areas or stocks for which quotas or
harvest guidelines for a stock are not fully utilized, no separate
allocation will be established for the open access fishery until it is
projected that the allowable catch for a species will be reached.
(A) Open access allocation percentage. For each species with a
harvest guideline or quota, the initial open access allocation
percentage is calculated by:
(1) Computing the total catch for that species during the window
period (July 11, 1984 through August 1, 1988) for the limited entry
program by any vessel that did not initially receive a limited entry
permit.
(2) Dividing that amount by the total catch during the window
period by all gear.
(3) The guidelines in this paragraph apply to recalculation of the
open access allocation percentage. Any recalculated allocation
percentage will be used in calculating the following biennial fishing
period's open access allocation.
(B) [Reserved]
(f) Catch accounting. Catch accounting refers to how the catch in a
fishery is monitored against the allocations described in this section.
For species with trawl/nontrawl allocations, catch of those species are
counted against the trawl/nontrawl allocations as explained in
paragraph (f)(1) of this section. For species with limited entry/open
access allocations in a given biennial cycle, catch of those species
are counted against the limited entry/open access allocations as
explained in paragraph (f)(2) of this section.
(1) Between the trawl and nontrawl fisheries--(i) Catch accounting
for the trawl allocation. Any groundfish caught by a vessel registered
to a limited entry trawl endorsed permit will be counted against the
trawl allocation while they are declared in to a groundfish limited
entry trawl fishery and while the applicable trawl fishery listed in
subpart D of this part for that vessel's limited entry permit is open.
(ii) Catch accounting for the nontrawl allocation. All groundfish
caught by a vessel not registered to a limited entry permit and not
fishing in the non-groundfish fishery will be counted against the
nontrawl allocation. All groundfish caught by a vessel registered to a
limited entry permit when the fishery for a vessel's limited entry
permit has closed or they are not declared in to a limited entry
fishery, will be counted against the nontrawl allocation, unless they
are declared in to a non-groundfish fishery. Catch by vessels fishing
in the non-groundfish fishery, as defined at Sec. 660.11, will be
accounted for in the estimated mortality in the non-groundfish fishery
that is deducted from the OY.
(2) Between the limited entry and open access fisheries. Any
groundfish caught by a vessel with a limited entry permit will be
counted against the limited entry allocation while the limited entry
fishery for that vessel's limited entry gear is open. When the fishery
for a vessel's limited entry gear has closed, groundfish caught by that
vessel with open access gear will be counted against the open access
allocation. All groundfish caught by vessels without limited entry
permits will be counted against the open access allocation.
(g) Recreational fisheries. Recreational fishing for groundfish is
outside the scope of, and not affected by, the regulations governing
limited entry and open access fisheries. Certain amounts of groundfish
will be set aside for the
[[Page 33052]]
recreational fishery during the biennial specifications process. These
amounts will be estimated prior to dividing the commercial harvest
guideline between the limited entry and open access fisheries.
(h) Sablefish Allocations (north of 36[deg] N. lat.)--(1) Tribal-
nontribal allocation. The sablefish allocation to Pacific coast treaty
Indian tribes is identified at Sec. 660.50(f)(2), subpart C. The
remainder is available to the nontribal commercial fishery (limited
entry and open access).
(2) Between the limited entry and open access fisheries. Sablefish
is allocated between the limited entry and open access fisheries
according to the procedure described in Chapter 6 of the PCGFMP.
(3) Between the limited entry trawl and limited entry fixed gear
fisheries. The limited entry sablefish allocation is further allocated
58 percent to the trawl fishery and 42 percent to the limited entry
fixed gear (longline and pot/trap) fishery.
(4) Between the limited entry fixed gear primary season and daily
trip limit fisheries. Within the limited entry fixed gear fishery
allocation, 85 percent is reserved for the primary season described in
Sec. 660.231, subpart E, leaving 15 percent for the limited entry
daily trip limit fishery described in Sec. 660.232, subpart E.
(5) Ratios between tiers for sablefish-endorsed limited entry
permits. The Regional Administrator will biennially or annually
calculate the size of the cumulative trip limit for each of the three
tiers associated with the sablefish endorsement such that the ratio of
limits between the tiers is approximately 1:1.75:3.85 for Tier 3:Tier
2:Tier 1, respectively. The size of the cumulative trip limits will
vary depending on the amount of sablefish available for the primary
fishery and on estimated discard mortality rates within the fishery.
The size of the cumulative trip limits for the three tiers in the
primary fishery will be announced in Sec. 660.231(b)(3), subpart E.
(i) Pacific whiting allocation. The allocation structure and
percentages for Pacific whiting are described in the PCGFMP.
(1) Annual treaty tribal Pacific whiting allocations are provided
in Sec. 660.50, subpart C.
(2) The commercial harvest guideline for Pacific whiting is
allocated among three sectors, as follows: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent
for the Shorebased IFQ Program. No more than 5 percent of the
shorebased allocation may be taken and retained south of 42[deg] N.
lat. before the start of the primary Pacific whiting season north of
42[deg] N. lat. Specific sector allocations for a given calendar year
are found in Tables 1a and 2a of this subpart. Set asides for other
species for the at-sea whiting fishery for a given calendar year are
found in Tables 1d and 2d of this subpart.
(j) Fishery set-asides. Annual set-asides are not formal
allocations but they are amounts which are not available to the other
fisheries during the fishing year. For the catcher/processor and
mothership sectors of the at-sea Pacific whiting fishery, set-asides
will be deducted from the limited entry trawl fishery allocation. Set-
aside amounts will be specified in Tables 1a through 2d of this subpart
and may be adjusted through the biennial harvest specifications and
management measures process.
(k) Exempted fishing permit set-asides. Annual set-asides for EFPs
described at Sec. 660.60(f), will be deducted from the OY. Set-aside
amounts will be adjusted through the biennial harvest specifications
and management measures process.
(l) Black rockfish harvest guideline. The commercial tribal harvest
guideline for black rockfish off Washington State is specified at Sec.
660.50(f)(1), subpart C.
(m) Pacific halibut bycatch allocation. The Pacific halibut fishery
off Washington, Oregon and California (Area 2A in the halibut
regulations) is managed under regulations at 50 CFR part 300, subpart
E. Beginning with the 2011-2012 biennial specifications process, the
PCGFMP sets a trawl mortality bycatch limit for legal and sublegal
halibut at 15 percent of the Area 2A constant exploitation yield (CEY)
for legal size halibut, not to exceed 130,000 pounds for the first four
years of trawl rationalization and not to exceed 100,000 pounds
starting in the fifth year. This total bycatch limit may be adjusted
downward or upward through the biennial specifications and management
measures process. Part of the overall total catch limit is a set-aside
of 10 mt of Pacific halibut, to accommodate bycatch in the at-sea
Pacific whiting fishery and in the shoreside trawl fishery south of
40[deg]10' N Lat. (estimated to be approximately 5 mt each).
Sec. 660.60 Specifications and management measures.
(a) General. NMFS will establish and adjust specifications and
management measures biennially or annually and during the fishing year.
Management of the Pacific Coast groundfish fishery will be conducted
consistent with the standards and procedures in the PCGFMP and other
applicable law. The PCGFMP is available from the Regional Administrator
or the Council. Regulations under this subpart may be promulgated,
removed, or revised during the fishing year. Any such action will be
made according to the framework standards and procedures in the PCGFMP
and other applicable law, and will be published in the Federal
Register.
(b) Biennial actions. The Pacific Coast Groundfish fishery is
managed on a biennial, calendar year basis. Harvest specifications and
management measures will be announced biennially, with the harvest
specifications for each species or species group set for two sequential
calendar years. In general, management measures are designed to
achieve, but not exceed, the specifications, particularly optimum
yields (harvest guidelines and quotas), fishery harvest guidelines,
commercial harvest guidelines and quotas, limited entry and open access
allocations, or other approved fishery allocations, and to protect
overfished and depleted stocks. Management measures will be designed to
take into account the co-occurrence ratios of target species with
overfished species, and will select measures that will minimize bycatch
to the extent practicable.
(c) Routine management measures. In addition to the catch
restrictions in subparts D through G of this part, other catch
restrictions that are likely to be adjusted on a biennial or more
frequent basis may be imposed and announced by a single notification in
the Federal Register if good cause exists under the APA to waive notice
and comment, and if they have been designated as routine through the
two-meeting process described in the PCGFMP. Routine management
measures that may be revised during the fishing year via this process
are implemented in paragraph (h) of this section, and in subparts D
through G of this part, including Tables 1 (North) and 1 (South) of
subpart D, Tables 2 (North) and 2 (South) of subpart E, Tables 3
(North) and 3 (South) of subpart F. Most trip, bag, and size limits,
and area closures in the groundfish fishery have been designated
``routine,'' which means they may be changed rapidly after a single
Council meeting. Council meetings are held in the months of March,
April, June, September, and November. Inseason changes to routine
management measures are announced in the Federal Register pursuant to
the requirements of the Administrative Procedure Act (APA). Changes to
trip limits are effective at the times stated in the Federal Register.
Once a change is
[[Page 33053]]
effective, it is illegal to take and retain, possess, or land more fish
than allowed under the new trip limit. This means that, unless
otherwise announced in the Federal Register, offloading must begin
before the time a fishery closes or a more restrictive trip limit takes
effect. The following catch restrictions have been designated as
routine:
(1) Commercial Limited Entry and Open Access Fisheries. (i) Trip
landing and frequency limits, size limits, all gear. Trip landing and
frequency limits have been designated as routine for the following
species or species groups: widow rockfish, canary rockfish, yellowtail
rockfish, Pacific ocean perch, yelloweye rockfish, black rockfish, blue
rockfish, splitnose rockfish, chilipepper rockfish, bocaccio, cowcod,
minor nearshore rockfish or shallow and deeper minor nearshore
rockfish, shelf or minor shelf rockfish, and minor slope rockfish; DTS
complex which is composed of Dover sole, sablefish, shortspine
thornyheads, and longspine thornyheads; petrale sole, rex sole,
arrowtooth flounder, Pacific sanddabs, and the flatfish complex, which
is composed of those species plus any other flatfish species listed at
Sec. 660.11, subpart C; Pacific whiting; lingcod; Pacific cod; spiny
dogfish; and ``other fish'' as a complex consisting of all groundfish
species listed at Sec. 660.11, subpart C and not otherwise listed as a
distinct species or species group. Size limits have been designated as
routine for sablefish and lingcod. Trip landing and frequency limits
and size limits for species with those limits designated as routine may
be imposed or adjusted on a biennial or more frequent basis for the
purpose of keeping landings within the harvest levels announced by
NMFS, and for the other purposes given in paragraphs (c)(1)(i)(A) and
(B) of this section.
(A) Trip landing and frequency limits. To extend the fishing
season; to minimize disruption of traditional fishing and marketing
patterns; to reduce discards; to discourage target fishing while
allowing small incidental catches to be landed; to protect overfished
species; to allow small fisheries to operate outside the normal season;
and, for the open access fishery only, to maintain landings at the
historical proportions during the 1984-88 window period.
(B) Size limits. To protect juvenile fish; to extend the fishing
season.
(ii) Differential trip landing limits and frequency limits based on
gear type, closed seasons, and bycatch limits. Trip landing and
frequency limits that differ by gear type and closed seasons may be
imposed or adjusted on a biennial or more frequent basis for the
purpose of rebuilding and protecting overfished or depleted stocks. To
achieve the rebuilding of an overfished or depleted stock, bycatch
limits may be established and adjusted to be used to close the primary
season for any sector of the Pacific whiting fishery described at Sec.
660.131(b), before the sector's Pacific whiting allocation is achieved
if the applicable bycatch limit is reached. Bycatch limit amounts are
specified at Sec. 660.131(b)(5), subpart D.
(iii) Type of limited entry trawl gear on board. Limits on the type
of limited entry trawl gear on board a vessel may be imposed on a
biennial or more frequent basis. Requirements and restrictions on
limited entry trawl gear type are found at Sec. 660.130, subpart D.
(2) Recreational fisheries all gear types. Routine management
measures for all groundfish species, separately or in any combination,
include bag limits, size limits, time/area closures, boat limits, hook
limits, and dressing requirements. All routine management measures on
recreational fisheries are intended to keep landings within the harvest
levels announced by NMFS, to rebuild and protect overfished or depleted
species, and to maintain consistency with State regulations, and for
the other purposes set forth in this section.
(i) Bag limits. To spread the available catch over a large number
of anglers; to protect and rebuild overfished species; to avoid waste.
(ii) Size limits. To protect juvenile fish; to protect and rebuild
overfished species; to enhance the quality of the recreational fishing
experience.
(iii) Season duration restrictions. To spread the available catch
over a large number of anglers; to protect and rebuild overfished
species; to avoid waste; to enhance the quality of the recreational
fishing experience.
(3) All fisheries, all gear types, depth-based management measures.
Depth-based management measures, particularly the setting of closed
areas known as Groundfish Conservation Areas, may be implemented in any
fishery that takes groundfish directly or incidentally. Depth-based
management measures are set using specific boundary lines that
approximate depth contours with latitude/longitude waypoints found at
Sec. 660.70 through 660.74. Depth-based management measures and the
setting of closed areas may be used: to protect and rebuild overfished
stocks, to prevent the overfishing of any groundfish species by
minimizing the direct or incidental catch of that species, to minimize
the incidental harvest of any protected or prohibited species taken in
the groundfish fishery, to extend the fishing season; for the
commercial fisheries, to minimize disruption of traditional fishing and
marketing patterns; for the recreational fisheries, to spread the
available catch over a large number of anglers; to discourage target
fishing while allowing small incidental catches to be landed; and to
allow small fisheries to operate outside the normal season.
(d) Automatic actions. Automatic management actions may be
initiated by the NMFS Regional Administrator without prior public
notice, opportunity to comment, or a Council meeting. These actions are
nondiscretionary, and the impacts must have been taken into account
prior to the action. Unless otherwise stated, a single notice will be
published in the Federal Register making the action effective if good
cause exists under the APA to waive notice and comment.
(1) Automatic actions are used in the Pacific whiting fishery to:
(i) Close sectors of the fishery or to reinstate trip limits in the
shore-based fishery when a whiting harvest guideline, commercial
harvest guideline, or a sector's allocation is reached, or is projected
to be reached;
(ii) Close all sectors or a single sector of the fishery when a
bycatch limit is reached or projected to be reached;
(iii) Reapportion unused Pacific whiting allocation to other
sectors of the fishery;
(iv) Reapportion unused bycatch limit species to other sectors of
the Pacific whiting fishery.
(v) Implement the Ocean Salmon Conservation Zone, described at
Sec. 660.131(c)(3), subpart D, when NMFS projects the Pacific whiting
fishery may take in excess of 11,000 Chinook within a calendar year.
(vi) Implement Pacific Whiting Bycatch Reduction Areas, described
at Sec. 660.131(c)(4), subpart D, when NMFS projects a sector-specific
bycatch limit will be reached before the sector's whiting allocation.
(2) [Reserved].
(e) Prohibited Species. Groundfish species or species groups under
the PCGFMP for which quotas have been achieved and/or the fishery
closed are prohibited species. In addition, the following are
prohibited species:
(1) Any species of salmonid.
(2) Pacific halibut.
(3) Dungeness crab caught seaward of Washington or Oregon.
(f) Exempted Fishing Permits (EFP). (1) The Regional Administrator
may issue EFPs under regulations at Sec. 660.30, subpart C, for
compensation
[[Page 33054]]
with fish for collecting resource information. Such EFPs may include
the collecting of scientific samples of groundfish species that would
otherwise be prohibited for retention.
(2) The Regional Administrator may also issue EFPs under
regulations at 50 CFR part Sec. 600.745 for limited testing, public
display, data collection, exploratory, health and safety, environmental
cleanup, and/or hazard removal purposes, the target or incidental
harvest of species managed under an FMP or fishery regulations that
would otherwise be prohibited.
(3) U.S. vessels operating under an EFP are subject to restrictions
in Sec. Sec. 660.10 through 660.79, unless otherwise provided in the
permit.
(g) Applicability. Groundfish species harvested in the territorial
sea (0-3 nm) will be counted toward the catch limitations in Tables 1a
through 2d of this subpart, and those specified in subparts D through
G, including Tables 1 (North) and 1 (South) of subpart D, Tables 2
(North) and 2 (South) of subpart E, Tables 3 (North) and 3 (South) of
subpart F.
(h) Fishery restrictions--(1) Commercial trip limits and
recreational bag and boat limits. Commercial trip limits and
recreational bag and boat limits defined in Tables 1a through 2d of
this subpart, and those specified in subparts D through G of this part,
including Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North)
and 2 (South) of subpart E, Tables 3 (North) and 3 (South) of subpart F
must not be exceeded.
(2) Landing. As stated at Sec. 660.11, subpart C (in the
definition of ``Landing''), once the offloading of any species begins,
all fish aboard the vessel are counted as part of the landing and must
be reported as such. Transfer of fish at sea is prohibited under Sec.
660.12, subpart C, unless a vessel is participating in the primary
whiting fishery as part of the mothership or catcher/processor sectors,
as described at Sec. 660.131(a), subpart D.
(3) Fishing ahead. Unless the fishery is closed, a vessel that has
landed its cumulative or daily limit may continue to fish on the limit
for the next legal period, so long as no fish (including, but not
limited to, groundfish with no trip limits, shrimp, prawns, or other
nongroundfish species or shellfish) are landed (offloaded) until the
next legal period. Fishing ahead is not allowed during or before a
closed period.
(4) Weights and percentages. All weights are round weights or
round-weight equivalents unless otherwise specified. Percentages are
based on round weights, and, unless otherwise specified, apply only to
legal fish on board.
(5) Size limits, length measurement, and weight limits. (i) Size
limits and length measurement. Unless otherwise specified, size limits
in the commercial and recreational groundfish fisheries apply to the
``total length,'' which is the longest measurement of the fish without
mutilation of the fish or the use of force to extend the length of the
fish. No fish with a size limit may be retained if it is in such
condition that its length has been extended or cannot be determined by
these methods. For conversions not listed here, contact the state where
the fish will be landed. Washington state regulations require all fish
with a size limit landed into Washington to be landed with the head on.
(A) Whole fish. For a whole fish, total length is measured from the
tip of the snout (mouth closed) to the tip of the tail in a natural,
relaxed position.
(B) ``Headed'' fish. For a fish with the head removed (``headed''),
the length is measured from the origin of the first dorsal fin (where
the front dorsal fin meets the dorsal surface of the body closest to
the head) to the tip of the upper lobe of the tail; the dorsal fin and
tail must be left intact.
(C) Filets. A filet is the flesh from one side of a fish extending
from the head to the tail, which has been removed from the body (head,
tail, and backbone) in a single continuous piece. Filet lengths may be
subject to size limits for some groundfish taken in the recreational
fishery off California (see subpart G of this part). A filet is
measured along the length of the longest part of the filet in a relaxed
position; stretching or otherwise manipulating the filet to increase
its length is not permitted.
(ii) Weight limits and conversions. The weight limit conversion
factor established by the state where the fish is or will be landed
will be used to convert the processed weight to round weight for
purposes of applying the trip limit. Weight conversions provided herein
are those conversions currently in use by the States of Washington,
Oregon and California and may be subject to change by those states.
Fishery participants should contact fishery enforcement officials in
the state where the fish will be landed to determine that state's
official conversion factor. To determine the round weight, multiply the
processed weight times the conversion factor.
(iii) Sablefish. The following conversion applies to both the
limited entry and open access fisheries when trip limits are in effect
for those fisheries. For headed and gutted (eviscerated) sablefish the
weight conversion factor is 1.6 (multiply the headed and gutted weight
by 1.6 to determine the round weight).
(iv) Lingcod. The following conversions apply in both limited entry
and open access fisheries.
(A) North of 42[deg] N. lat., for lingcod with the head removed,
the minimum size limit is 18 inches (46 cm), which corresponds to 22
inches (56 cm) total length for whole fish.
(B) South of 42[deg] N. lat., for lingcod with the head removed,
the minimum size limit is 19.5 inches (49.5 cm), which corresponds to
24 inches (61 cm) total length for whole fish.
(C) The weight conversion factor for headed and gutted lingcod is
1.5. The conversion factor for lingcod that has only been gutted with
the head on is 1.1.
(6) Sorting. Trawl fishery sorting requirements are specified at
Sec. 660.130(d), subpart D. Limited entry fixed gear fishery sorting
requirements are specified at Sec. 660.230(c), subpart E, and Open
access fishery sorting requirements are specified at Sec. 660.330(c),
subpart F.
(7) Crossover provisions. NMFS uses different types of management
areas for West Coast groundfish management. One type of management area
is the north-south management area, a large ocean area with northern
and southern boundary lines wherein trip limits, seasons, and
conservation areas follow a single theme. Within each north-south
management area, there may be one or more conservation areas, defined
at Sec. 660.11 and Sec. Sec. 660.60 through 660.74, subpart C. The
provisions within this paragraph apply to vessels operating in
different north-south management areas. Crossover provisions also apply
to vessels that fish in both the limited entry and open access
fisheries, or that use open access non-trawl gear while registered to
limited entry fixed gear permits. Fishery specific crossover provisions
can be found in subparts D through F of this part.
(i) Operating in north-south management areas with different trip
limits. Trip limits for a species or a species group may differ in
different north-south management areas along the coast. The following
crossover provisions apply to vessels operating in different
geographical areas that have different cumulative or ``per trip'' trip
limits for the same species or species group. Such crossover provisions
do not apply to species that are subject only to daily trip limits, or
to the trip limits for black rockfish off Washington, as described at
Sec. 660.230(d), subpart E and Sec. 660.330(e), subpart F.
[[Page 33055]]
(A) Going from a more restrictive to a more liberal area. If a
vessel takes and retains any groundfish species or species group of
groundfish in an area where a more restrictive trip limit applies
before fishing in an area where a more liberal trip limit (or no trip
limit) applies, then that vessel is subject to the more restrictive
trip limit for the entire period to which that trip limit applies, no
matter where the fish are taken and retained, possessed, or landed.
(B) Going from a more liberal to a more restrictive area. If a
vessel takes and retains a groundfish species or species group in an
area where a higher trip limit or no trip limit applies, and takes and
retains, possesses or lands the same species or species group in an
area where a more restrictive trip limit applies, that vessel is
subject to the more restrictive trip limit for the entire period to
which that trip limit applies, no matter where the fish are taken and
retained, possessed, or landed.
(C) Operating in two different areas where a species or species
group is managed with different types of trip limits. During the
fishing year, NMFS may implement management measures for a species or
species group that set different types of trip limits (for example, per
trip limits versus cumulative trip limits) for different areas. If a
vessel fishes for a species or species group that is managed with
different types of trip limits in two different areas within the same
cumulative limit period, then that vessel is subject to the most
restrictive overall cumulative limit for that species, regardless of
where fishing occurs.
(D) Minor rockfish. Several rockfish species are designated with
species-specific limits on one side of the 40[deg]10' N. lat.
management line, and are included as part of a minor rockfish complex
on the other side of the line. A vessel that takes and retains fish
from a minor rockfish complex (nearshore, shelf, or slope) on both
sides of a management line during a single cumulative limit period is
subject to the more restrictive cumulative limit for that minor
rockfish complex during that period.
(1) If a vessel takes and retains minor slope rockfish north of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land splitnose rockfish up to its cumulative limit south of
40[deg]10' N. lat., even if splitnose rockfish were a part of the
landings from minor slope rockfish taken and retained north of
40[deg]10' N. lat.
(2) If a vessel takes and retains minor slope rockfish south of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land POP up to its cumulative limit north of 40[deg]10' N.
lat., even if POP were a part of the landings from minor slope rockfish
taken and retained south of 40[deg]10' N. lat.
(ii) Operating in both limited entry and open access fisheries.
Open access trip limits apply to any fishing conducted with open access
gear, even if the vessel has a valid limited entry permit with an
endorsement for another type of gear. A vessel that operates in both
the open access and limited entry fisheries is not entitled to two
separate trip limits for the same species. If a vessel has a limited
entry permit and uses open access gear, but the open access limit is
smaller than the limited entry limit, the open access limit may not be
exceeded and counts toward the limited entry limit. If a vessel has a
limited entry permit and uses open access gear, but the open access
limit is larger than the limited entry limit, the smaller limited entry
limit applies, even if taken entirely with open access gear.
Sec. 660.65 Groundfish harvest specifications.
Fishery specifications include ABCs, the designation of OYs (which
may be represented by harvest guidelines (HGs) or quotas for species
that need individual management) and the allocation of fishery HGs
between the trawl and nontrawl segments of the fishery, and the
allocation of commercial HGs between the open access and limited entry
segments of the fishery. These specifications include fish caught in
state ocean waters (0-3 nm offshore) as well as fish caught in the EEZ
(3-200 nm offshore). Harvest specifications are provided at Tables 1a
through 2d of this subpart.
Table 1d to Part 660, Subpart C--2011 At-Sea Whiting Fishery Set-Asides
------------------------------------------------------------------------
Species or species complex Set-aside (mt)
------------------------------------------------------------------------
Lingcod................................... 6
Pacific Cod............................... 5
Pacific Whiting........................... NA
Sablefish N. of 36[deg]................... 50
Sablefish S. of 36[deg]................... NA
PACIFIC OCEAN PERCH....................... Allocation
WIDOW ROCKFISH............................ Allocation
Chilipepper S. of 40[deg]10'.............. NA
Splitnose S. of 40[deg]10'................ NA
Yellowtail N. of 40[deg]10'............... 300
Shortspine Thornyhead N. of 34[deg]27'.... 20
Shortspine Thornyhead S. of 34[deg]27'.... NA
Longspine Thornyhead N. of 34[deg]27'..... 5
Longspine Thornyhead S. of 34[deg]27'..... NA
DARKBLOTCHED.............................. Allocation
Minor Slope RF N.......................... 55
Minor Slope RF S.......................... NA
Dover Sole................................ 5
English Sole.............................. 5
Petrale Sole--coastwide................... 5
Arrowtooth Flounder....................... 10
Starry Flounder........................... 5
Other Flatfish............................ 20
CANARY ROCKFISH........................... Allocation
BOCACCIO.................................. NA
COWCOD.................................... NA
YELLOWEYE................................. 0
Black Rockfish............................ NA
Blue Rockfish (CA)........................ NA
Minor Nearshore RF N...................... NA
Minor Nearshore RF S...................... NA
Minor Shelf RF N.......................... 35
Minor Shelf RF S.......................... NA
California scorpionfish................... NA
Cabezon (off CA only)..................... NA
Other Fish................................ 520
Longnose Skate............................ 5
Pacific Halibut........................... 10 \a\
------------------------------------------------------------------------
\a\ As stated in Sec. 660.55(m), the Pacific halibut set-aside is 10
mt, to accommodate bycatch in the at-sea Pacific whiting fisheries and
in the shorebased trawl sector south of 40[deg]10[min] N lat.
(estimated to be approximately 5 mt each).
Table 2d to Part 660, Subpart C--2012 At-Sea Whiting Fishery Set-Asides
------------------------------------------------------------------------
Species or species complex Set-aside (mt)
------------------------------------------------------------------------
Lingcod................................... 6
Pacific Cod............................... 5
Pacific Whiting........................... NA
Sablefish N. of 36[deg]................... 50
Sablefish S. of 36[deg]................... NA
PACIFIC OCEAN PERCH....................... Allocation
WIDOW ROCKFISH............................ Allocation
Chilipepper S. of 40[deg]10'.............. NA
Splitnose S. of 40[deg]10'................ NA
Yellowtail N. of 40[deg]10'............... 300
Shortspine Thornyhead N. of 34[deg]27'.... 20
Shortspine Thornyhead S. of 34[deg]27'.... NA
Longspine Thornyhead N. of 34[deg]27'..... 5
Longspine Thornyhead S. of 34[deg]27'..... NA
DARKBLOTCHED.............................. Allocation
Minor Slope RF N.......................... 55
Minor Slope RF S.......................... NA
Dover Sole................................ 5
English Sole.............................. 5
Petrale Sole--coastwide................... 5
Arrowtooth Flounder....................... 10
Starry Flounder........................... 5
Other Flatfish............................ 20
CANARY ROCKFISH........................... Allocation
BOCACCIO.................................. NA
COWCOD.................................... NA
YELLOWEYE................................. 0
[[Page 33056]]
Black Rockfish............................ NA
Blue Rockfish (CA)........................ NA
Minor Nearshore RF N...................... NA
Minor Nearshore RF S...................... NA
Minor Shelf RF N.......................... 35
Minor Shelf RF S.......................... NA
California scorpionfish................... NA
Cabezon (off CA only)..................... NA
Other Fish................................ 520
Longnose Skate............................ 5
Pacific Halibut........................... 10 \a\
------------------------------------------------------------------------
\a\ As stated in Sec. 660.55(m), the Pacific halibut set-aside is 10
mt, to accommodate bycatch in the at-sea Pacific whiting fisheries and
in the shorebased trawl sector south of 40[deg]10' N lat. (estimated
to be approximately 5 mt each).
Subpart D--West Coast Groundfish--Limited Entry Trawl Fisheries
Sec. 660.100 Purpose and scope.
This subpart covers the Pacific Coast Groundfish limited entry
trawl fishery. Under the trawl rationalization program, the limited
entry trawl fishery consists of the shorebased IFQ Program, the
Mothership Coop Program, and the C/P Coop Program.
Sec. 660.111 Trawl fishery--definitions.
These definitions are specific to the limited entry trawl fisheries
covered in this subpart. General groundfish definitions are found at
Sec. 660.11, subpart C.
Catch history assignment means a percentage of the mothership
sector allocation of Pacific whiting based on a limited entry permit's
qualifying history and which is specified on the MS/CV-endorsed limited
entry permit.
Catcher/processor coop means a harvester group that includes all
eligible catcher/processor at-sea Pacific whiting endorsed permit
owners who voluntarily form a coop and who manage the catcher/
processor-specified allocations through private agreements and
contracts.
Catcher/Processor coop program or C/P coop program means the C/P
Coop Program described at Sec. 660.160, subpart D.
Coop agreement means a private agreement between a group of MS/CV-
endorsed limited entry permit owners or C/P-endorsed permit owners that
contains all information specified at Sec. Sec. 660.150 and 660.160,
subpart D.
Coop member means a permit owner of an MS/CV-endorsed permit for
the Mothership Program that is a party to the coop agreement, or a
permit owner of a C/P-endorsed permit for the C/P Program that is
legally obligated to the coop.
Coop permit means a Federal permit required to participate as a
Pacific whiting coop in the catcher/processor or mothership sectors.
Designated coop manager means an individual appointed by a
permitted coop that is identified in the coop agreement and is
responsible for actions described at Sec. Sec. 660.150 and 660.160,
subpart D.
Individual fishing quota (IFQ) means a Federal permit to harvest a
quantity of fish, expressed as a percentage of the total allowable
catch of a fishery, that may be received or held for exclusive use by a
person. An IFQ is a harvest privilege that may be revoked at any time
in accordance with the Magnuson Act. IFQ species for the shorebased IFQ
fishery are listed at Sec. 660.140, subpart D.
IFQ first receivers mean persons who first receive, purchase, or
take custody, control, or possession of catch onshore directly from a
vessel that harvested the catch while fishing under the Shorebased IFQ
Program described at Sec. 660.140, subpart D.
IFQ landing means an offload of fish harvested under the Shorebased
IFQ Program described at Sec. 660.140, subpart D.
Inter-coop means two or more permitted coops that have submitted an
accepted inter-coop agreement to NMFS that specifies a coordinated
strategy for harvesting pooled allocations of Pacific whiting and non-
whiting groundfish.
Inter-coop agreement means a written agreement between two or more
permitted mothership coops and which contains private contractual
arrangements for sharing catch and/or bycatch with one another.
Material change means, for the purposes of a coop agreement, a
change to any of the required components of the coop agreement, defined
at Sec. Sec. 660.150 and 660.160, subpart D, which was submitted to
NMFS during the application process for the coop permit.
Mothership coop means a group of MS/CV-endorsed limited entry
permit owners that are authorized by means of a coop permit to jointly
harvest and process from a single coop allocation.
Mothership coop program or MS coop program means the Mothership
Coop Program described at Sec. 660.150, subpart D, and includes both
the coop and non-coop fisheries.
Mutual agreement exception means, for the purpose of Sec. 660.150,
subpart D, an agreement that allows the owner of a MS/CV-endorsed
limited entry permit to withdraw the catcher vessel's obligation to a
permitted mothership processor, when mutually agreed to with the
mothership processor, and to deliver to a different permitted
mothership processor.
Pacific halibut set-aside means an amount of Pacific halibut
annually set aside for the at-sea whiting fisheries (mothership and C/P
sectors) and which is based on the trawl allocation of Pacific whiting.
Pacific whiting IFQ fishery means a trip in which a vessel
registered to a trawl-endorsed limited entry permit uses legal midwater
groundfish trawl gear with a valid declaration for limited entry
midwater trawl, Pacific whiting IFQ, as specified at Sec. 660.13
(d)(5), subpart C, during the dates when the midwater Pacific whiting
season is open.
Pacific whiting shoreside first receivers means persons who first
receive, purchase, or take custody, control, or possession of Pacific
whiting onshore directly from a Pacific whiting shoreside vessel.
Pacific whiting shoreside or shore-based fishery means Pacific
whiting shoreside vessels and Pacific whiting shoreside first
receivers.
Pacific whiting shoreside vessel means any vessel that fishes using
midwater trawl gear to take, retain, possess and land 4,000-lb (1,814
kg) or more of Pacific whiting per fishing trip from the Pacific
whiting shore-based sector allocation for delivery to a Pacific whiting
shoreside first receiver during the primary season.
Processor obligation means an annual requirement for a MS/CV-
endorsed limited entry permit to assign the amount of catch available
from the permit's catch history assignment to a particular MS permit.
Quota pounds (QP) means the quotas, expressed in round weight of
fish, that are issued annually to QS permit owners in the Shorebased
IFQ Program based on the amount of QS they own and the amount of fish
allocated to the shorebased IFQ fishery. QP have the same species/
species group and area designations as the QS from which they are
issued.
Quota share (QS) means the amount of fishing quota, for an
individual species/species group and area, expressed as a percentage of
the annual allocation of fish to the Shorebased IFQ Program. The QS is
used as the basis for the annual calculation and allocation of a QS
permit owner's QP in the Shorebased IFQ Program. Species for which QS
will be issued for the Shorebased IFQ Program are listed at Sec.
660.140, subpart D.
[[Page 33057]]
Shorebased IFQ program means the Shorebased IFQ Program described
at Sec. 660.140, subpart D.
Vessel account means an account held by the vessel owner where QP
are registered for use by a vessel in the Shorebased IFQ Program.
Vessel limits means the maximum amount of QP a vessel can hold,
acquire, and/or use during a calendar year. Vessel limits specify the
maximum amount of QP that may be registered to a single vessel during
the year (QP Vessel Limit) and, for some species, the maximum amount of
unused QP registered to a vessel account at any one time (Unused QP
Vessel Limit).
Sec. 660.112 Trawl fishery--prohibitions.
These prohibitions are specific to the limited entry trawl
fisheries. General groundfish prohibitions are defined at Sec. 660.12,
subpart C. In addition to the general prohibitions specified in Sec.
600.725 of this chapter, it is unlawful for any person or vessel to:
(a) General--(1) Trawl gear endorsement. Fish with groundfish trawl
gear, or carry groundfish trawl gear on board a vessel that also has
groundfish on board, unless the vessel is registered for use with a
valid limited entry permit with a trawl gear endorsement, with the
following exception.
(i) The vessel is in continuous transit from outside the fishery
management area to a port in Washington, Oregon, or California;
(ii) The vessel is registered to a limited entry MS permit with a
valid mothership fishery declaration, in which case trawl nets and
doors must be stowed in a secured and covered manner, and detached from
all towing lines, so as to be rendered unusable for fishing.
(2) Sorting. [Reserved]
(3) Recordkeeping and reporting. (i) Fail to comply with all
recordkeeping and reporting requirements at Sec. 660.13, subpart C;
including failure to submit information, submission of inaccurate
information, or intentionally submitting false information on any
report required at Sec. 660.13(d), subpart C.
(ii) Falsify or fail to make and/or file, retain or make available
any and all reports of groundfish landings, containing all data, and in
the exact manner, required by the regulation at Sec. 660.13, subpart
C, or Sec. 660.113, subpart D.
(4) Fishing in conservation areas with trawl gear. (i) Operate any
vessel registered to a limited entry permit with a trawl endorsement
and trawl gear on board in an applicable GCA (defined at Sec. 660.11,
subpart C and Sec. 660.130(e), subpart D), except for purposes of
continuous transiting, with all groundfish trawl gear stowed in
accordance with Sec. 660.130(e)(4), subpart D or except as authorized
in the groundfish management measures published at Sec. 660.130,
subpart D.
(ii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart
C) anywhere within EFH seaward of a line approximating the 700-fm
(1280-m) depth contour, as defined in Sec. 660.76, subpart C. For the
purposes of regulation, EFH seaward of 700-fm (1280-m) within the EEZ
is described at Sec. 660.75, subpart C.
(iii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart
C) with a footrope diameter greater than 19 inches (48 cm) (including
rollers, bobbins or other material encircling or tied along the length
of the footrope) anywhere within EFH within the EEZ. For the purposes
of regulation, EFH within the EEZ is described at Sec. 660.75, subpart
C.
(iv) Fish with bottom trawl gear (defined at Sec. 660.11, subpart
C) with a footrope diameter greater than 8 inches (20 cm) (including
rollers, bobbins or other material encircling or tied along the length
of the footrope) anywhere within the EEZ shoreward of a line
approximating the 100-fm (183-m) depth contour (defined at Sec.
660.73, subpart C).
(v) Fish with bottom trawl gear (defined at Sec. 660.11, subpart
C), within the EEZ in the following areas (defined at Sec. Sec. 660.77
and 660.78, Subpart C): Olympic 2, Biogenic 1, Biogenic 2, Grays
Canyon, Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz
Deepwater, Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank,
Heceta Bank, Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
(vi) Fish with bottom trawl gear (defined at Sec. 660.11, subpart
C), other than demersal seine, unless otherwise specified in this
section or Sec. 660.381, within the EEZ in the following areas
(defined at Sec. 660.79, subpart C): Eel River Canyon, Blunts Reef,
Mendocino Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point
Arena South Biogenic Area, Cordell Bank/Biogenic Area, Farallon
Islands/Fanny Shoal, Half Moon Bay, Monterey Bay/Canyon, Point Sur
Deep, Big Sur Coast/Port San Luis, East San Lucia Bank, Point
Conception, Hidden Reef/Kidney Bank (within Cowcod Conservation Area
West), Catalina Island, Potato Bank (within Cowcod Conservation Area
West), Cherry Bank (within Cowcod Conservation Area West), and Cowcod
EFH Conservation Area East.
(vii) Fish with bottom contact gear (defined at Sec. 660.11,
subpart C) within the EEZ in the following areas (defined at Sec. Sec.
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson
Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith
Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa
Barbara.
(viii) Fish with bottom contact gear (defined at Sec. 660.11,
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined at Sec. 660.79, subpart
C).
(b) Shorebased IFQ fishery. [Reserved]
(c) Mothership and Catcher/Processor Sectors. [Reserved]
(d) Mothership Coop Program (Coop And Non-Coop Fisheries).
[Reserved]
(e) Catcher/Processor Coop Program. [Reserved]
(f) Pacific Whiting Fisheries--(1) Pacific whiting vessel license
requirements prior to trawl rationalization. Fish in any of the sectors
of the whiting fishery described at Sec. 660.131(a), subpart D, after
May 11, 2009 using a vessel that is not registered for use with a
sector-appropriate Pacific whiting vessel license under Sec. 660.26,
subpart C. After May 11, 2009, vessels are prohibited from fishing,
landing, or processing primary season Pacific whiting with a catcher/
processor, mothership or mothership catcher vessel that has no history
of participation within that specific sector of the whiting fishery
during the period from January 1, 1997, through January 1, 2007, or
with a shoreside catcher vessels that has no history of participation
within the shore-based sector of the whiting fishery during the period
from January 1, 1994 through January 1, 2007, as specified in Sec.
660.26(c), subpart C. For the purpose of this paragraph, ``historic
participation'' for a specific sector is the same as the qualifying
criteria listed in Sec. 660.26(c), subpart C.
(i) If a Pacific whiting vessel license is registered for use with
a vessel, fail to carry that license onboard the vessel registered for
use with the license at any time the vessel is licensed. A photocopy of
the license may not substitute for the license itself.
(ii) [Reserved].
(2) Process whiting in the fishery management area during times or
in areas where at-sea processing is prohibited for the sector in which
the vessel participates, unless:
(i) The fish are received from a member of a Pacific Coast treaty
Indian tribe fishing under Sec. 660.50, subpart C;
(ii) The fish are processed by a waste-processing vessel according
to Sec. 660.131(j), subpart D; or
[[Page 33058]]
(iii) The vessel is completing processing of whiting taken on board
during that vessel's primary season.
(3) During times or in areas where at-sea processing is prohibited,
take and retain or receive whiting, except as cargo or fish waste, on a
vessel in the fishery management area that already has processed
whiting on board. An exception to this prohibition is provided if the
fish are received within the tribal U&A from a member of a Pacific
Coast treaty Indian tribe fishing under Sec. 660.50, subpart C.
(4) Fish as a mothership if that vessel operates in the same
calendar year as a catcher/processor in the whiting fishery, according
to Sec. 660.131, subpart D.
(5) Operate as a waste-processing vessel within 48 hours of a
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.131(j), subpart D.
(6) On a vessel used to fish for whiting, fail to keep the trawl
doors on board the vessel, when taking and retention is prohibited
under Sec. 660.131(f), subpart D.
(7) Sort or discard any portion of the catch taken by a catcher
vessel in the mothership sector prior to the catch being received on a
mothership, and prior to the observer being provided access to the
unsorted catch, with the exception of minor amounts of catch that are
lost when the codend is separated from the net and prepared for
transfer.
(8) Pacific whiting shoreside first receivers. (i) [Reserved].
(ii) Fail to sort fish received from a Pacific whiting shoreside
vessel prior to first weighing after offloading as specified at Sec.
660.131(k)(2), subpart D for the Pacific whiting fishery.
(iii) Process, sell, or discard any groundfish received from a
Pacific whiting shoreside vessel that has not been weighed on a scale
that is in compliance with requirements at Sec. 660.131(k)(1)(i),
subpart D, and accounted for on an electronic fish ticket with the
identification number for the Pacific whiting shoreside vessel that
delivered the fish.
(iv) Fail to weigh fish landed from a Pacific whiting shoreside
vessel prior to transporting any fish from that landing away from the
point of landing.
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
General groundfish recordkeeping and reporting requirements are
defined at Sec. 660.13, subpart C. The following recordkeeping and
reporting requirements are in addition to those and are specific to the
limited entry trawl fisheries.
(a) IFQ program. [Reserved].
(b) Mothership coop program (coop and non-coop fisheries).
[Reserved].
(c) Catcher/processor coop program. [Reserved].
(d) Participants in the Pacific whiting shoreside fishery prior to
trawl rationalization. Reporting requirements defined in the following
section are in addition to reporting requirements under applicable
state law and requirements described at Sec. 660.13, subpart C.
(1) Reporting requirements for any Pacific whiting shoreside first
receiver.
(i) Responsibility for compliance. The Pacific whiting shoreside
first receiver is responsible for compliance with all reporting
requirements described in this paragraph.
(ii) General requirements. All records or reports required by this
paragraph must: be maintained in English, be accurate, be legible, be
based on local time, and be submitted in a timely manner as required in
paragraph (d)(1)(iv)(E) of this section.
(iii) Required information. All Pacific whiting shoreside first
receivers must provide the following types of information: date of
landing, Pacific whiting shoreside vessel that made the delivery, gear
type used, first receiver, round weights of species landed listed by
species or species group including species with no value, number of
salmon by species, number of Pacific halibut, and any other information
deemed necessary by the Regional Administrator as specified on the
appropriate electronic fish ticket form.
(iv) Electronic fish ticket submissions. The Pacific whiting
shoreside first receiver must:
(A) Sort all fish, prior to first weighing, by species or species
groups as specified at Sec. 660.131(l)(2)(ii), subpart D.
(B) Include as part of each electronic fish ticket submission, the
actual scale weight for each groundfish species as specified by
requirements at Sec. 660.131(l)(i), subpart D, and the Pacific whiting
shoreside vessel identification number.
(C) Use for the purpose of submitting electronic fish tickets, and
maintain in good working order, computer equipment as specified at
Sec. 660.15(d), subpart C;
(D) Install, use, and update as necessary, any NMFS-approved
software described at Sec. 660.15(d), subpart C;
(E) Submit a completed electronic fish ticket for every landing
that includes 4,000-lb (1,814 kg) or more of Pacific whiting (round
weight equivalent) no later than 24 hours after the date the fish are
received, unless a waiver of this requirement has been granted under
provisions specified below at paragraph (d)(1)(vii) of this section.
(v) Revising a submitted electronic fish ticket submission. In the
event that a data error is found, electronic fish ticket submissions
may be revised by resubmitting the revised form. Electronic fish
tickets are to be used for the submission of final data. Preliminary
data, including estimates of fish weights or species composition, shall
not be submitted on electronic fish tickets.
(vi) Retention of Records. [Reserved].
(vii) Waivers for submission of electronic fish tickets upon
written request. On a case-by-case basis, a temporary written waiver of
the requirement to submit electronic fish tickets may be granted by the
Assistant Regional Administrator or designee if he/she determines that
circumstances beyond the control of a Pacific whiting shoreside first
receiver would result in inadequate data submissions using the
electronic fish ticket system. The duration of the waiver will be
determined on a case-by-case basis.
(viii) Reporting requirements when a temporary waiver has been
granted. Pacific whiting shoreside first receivers that have been
granted a temporary waiver from the requirement to submit electronic
fish tickets must submit on paper the same data as is required on
electronic fish tickets within 24 hours of the date received during the
period that the waiver is in effect. Paper state landing receipts must
be sent by facsimile to NMFS, Northwest Region, Sustainable Fisheries
Division, 206-526-6736 or by delivering it in person to 7600 Sand Point
Way NE., Seattle, WA 98115. The requirements for submissions of paper
tickets in this paragraph are separate from, and in addition to
existing state requirements for landing receipts or fish receiving
tickets.
(2) [Reserved].
Sec. 660.116 Trawl fishery--observer requirements.
(a) Observer coverage requirements--(1) NMFS-certified observers.
(i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer
must carry two NMFS-certified observers, and a catcher/processor or
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain,
receive, land, process, or transport groundfish.
[[Page 33059]]
(ii) A Pacific whiting shoreside vessel that sorts catch at sea
must carry one NMFS-certified observer, from the time the vessel leaves
port on a trip in which the catch is sorted at sea to the time that all
catch from that trip has been offloaded.
(2) Catcher vessels. When NMFS notifies the owner, operator, permit
holder, or the manager of a catcher vessel, specified at Sec.
660.16(c), Subpart C of any requirement to carry an observer, the
catcher vessel may not be used to fish for groundfish without carrying
an observer.
(i) Notice of departure--basic rule. At least 24 hours (but not
more than 36 hours) before departing on a fishing trip, a vessel that
has been notified by NMFS that it is required to carry an observer, or
that is operating in an active sampling unit, must notify NMFS (or its
designated agent) of the vessel's intended time of departure. Notice
will be given in a form to be specified by NMFS.
(A) Optional notice--weather delays. A vessel that anticipates a
delayed departure due to weather or sea conditions may advise NMFS of
the anticipated delay when providing the basic notice described in
paragraph (a)(2)(i) of this section. If departure is delayed beyond 36
hours from the time the original notice is given, the vessel must
provide an additional notice of departure not less than 4 hours prior
to departure, in order to enable NMFS to place an observer.
(B) Optional notice--back-to-back fishing trips. A vessel that
intends to make back-to-back fishing trips (i.e., trips with less than
24 hours between offloading from one trip and beginning another), may
provide the basic notice described in paragraph (a)(2)(i) of this
section for both trips, prior to making the first trip. A vessel that
has given such notice is not required to give additional notice of the
second trip.
(ii) Cease fishing report. Within 24 hours of ceasing the taking
and retaining of groundfish, vessel owners, operators, or managers must
notify NMFS or its designated agent that fishing has ceased. This
requirement applies to any vessel that is required to carry an
observer, or that is operating in a segment of the fleet that NMFS has
identified as an active sampling unit.
(b) Waiver. The Northwest Regional Administrator may provide
written notification to the vessel owner stating that a determination
has been made to temporarily waive coverage requirements because of
circumstances that are deemed to be beyond the vessel's control.
(c) Procurement of observer services by catcher/processors,
motherships, and Pacific whiting shoreside vessels that sort at sea.
Owners of vessels required to carry observers under provisions at
paragraph (a)(1)(i) or (ii) of this section must arrange for observer
services from an observer provider permitted by the North Pacific
Groundfish Observer Program under 50 CFR 679.50(i), except that:
(1) Vessels are required to procure observer services directly from
NMFS when NMFS has determined and given notification that the vessel
must carry NMFS staff or an individual authorized by NMFS in lieu of an
observer provided by a permitted observer provider.
(2) Vessels are required to procure observer services directly from
NMFS and a permitted observer provider when NMFS has determined and
given notification that the vessel must carry NMFS staff or individuals
authorized by NMFS, in addition to an observer provided by a permitted
observer provider.
(d) Vessel responsibilities. An operator of a vessel required to
carry one or more observer(s) must provide:
(1) Accommodations and food. Provide accommodations and food that
are:
(i) At-sea processors. Equivalent to those provided for officers,
engineers, foremen, deck-bosses or other management level personnel of
the vessel.
(ii) Catcher vessels. Equivalent to those provided to the crew.
(2) Safe conditions. Maintain safe conditions on the vessel for the
protection of observer(s) including adherence to all USCG and other
applicable rules, regulations, or statutes pertaining to safe operation
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this
chapter.
(3) Observer communications. Facilitate observer communications by:
(i) Observer use of equipment. Allowing observer(s) to use the
vessel's communication equipment and personnel, on request, for the
entry, transmission, and receipt of work-related messages, at no cost
to the observer(s) or the U.S. or designated agent.
(ii) Functional equipment. Ensuring that the vessel's
communications equipment, used by observers to enter and transmit data,
is fully functional and operational.
(iii) Hardware and software. Pacific whiting vessels that are
required to carry one or more NMFS-certified observers under provisions
at paragraphs (a)(1)(i) or (ii) of this section must provide hardware
and software pursuant to regulations at 50 CFR 679.50(g)(1)(iii)(B) and
50 CFR 679.50(g)(2)(iii), as follows:
(A) Providing for use by the observer a personal computer in
working condition that contains a full Pentium 120 Mhz or greater
capacity processing chip, at least 32 megabytes of RAM, at least 75
megabytes of free hard disk storage, a Windows 9x or NT compatible
operating system, an operating mouse, and a 3.5-inch (8.9 cm) floppy
disk drive. The associated computer monitor must have a viewable screen
size of at least 14.1 inches (35.8 cm) and minimum display settings of
600x800 pixels. The computer equipment specified in this paragraph (A)
must be connected to a communication device that provides a modem
connection to the NMFS host computer and supports one or more of the
following protocols: ITU V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or
ITU V.34. Processors that use a modem must have at least a 28.8kbs
Hayes-compatible modem. The above-specified hardware and software
requirements do not apply to processors that do not process groundfish.
(B) NMFS-supplied software. Ensuring that each vessel that is
required to carry a NMFS-certified observer obtains the data entry
software provided by the NMFS for use by the observer.
(4) Vessel position. Allow observer(s) access to, and the use of,
the vessel's navigation equipment and personnel, on request, to
determine the vessel's position.
(5) Access. Allow observer(s) free and unobstructed access to the
vessel's bridge, trawl or working decks, holding bins, processing
areas, freezer spaces, weight scales, cargo holds, and any other space
that may be used to hold, process, weigh, or store fish or fish
products at any time.
(6) Prior notification. Notify observer(s) at least 15 minutes
before fish are brought on board, or fish and fish products are
transferred from the vessel, to allow sampling the catch or observing
the transfer, unless the observer specifically requests not to be
notified.
(7) Records. Allow observer(s) to inspect and copy any state or
Federal logbook maintained voluntarily or as required by regulation.
(8) Assistance. Provide all other reasonable assistance to enable
observer(s) to carry out their duties, including, but not limited to:
(i) Measuring decks, codends, and holding bins.
(ii) Providing the observer(s) with a safe work area.
[[Page 33060]]
(iii) Collecting bycatch when requested by the observer(s).
(iv) Collecting and carrying baskets of fish when requested by the
observer(s).
(v) Allowing the observer(s) to collect biological data and
samples.
(vi) Providing adequate space for storage of biological samples.
(9) At-sea transfers to or from processing vessels. Processing
vessels must:
(i) Ensure that transfers of observers at sea via small boat or
raft are carried out during daylight hours, under safe conditions, and
with the agreement of observers involved.
(ii) Notify observers at least 3 hours before observers are
transferred, such that the observers can collect personal belongings,
equipment, and scientific samples.
(iii) Provide a safe pilot ladder and conduct the transfer to
ensure the safety of observers during transfers.
(iv) Provide an experienced crew member to assist observers in the
small boat or raft in which any transfer is made.
(e) Sample station and operational--(1) Observer sampling station.
This paragraph contains the requirements for observer sampling
stations. The vessel owner must provide an observer sampling station
that complies with this section so that the observer can carry out
required duties.
(i) Accessibility. The observer sampling station must be available
to the observer at all times.
(ii) Location. The observer sampling station must be located within
4 m of the location from which the observer samples unsorted catch.
Unobstructed passage must be provided between the observer sampling
station and the location where the observer collects sample catch.
(iii) Minimum work space aboard at-sea processing vessels. The
observer must have a working area of 4.5 square meters, including the
observer's sampling table, for sampling and storage of fish to be
sampled. The observer must be able to stand upright and have a work
area at least 0.9 m deep in the area in front of the table and scale.
(iv) Table aboard at-sea processing vessels. The observer sampling
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m
high and no more than 1.1 m high. The entire surface area of the table
must be available for use by the observer. Any area for the observer
sampling scale is in addition to the minimum space requirements for the
table. The observer's sampling table must be secured to the floor or
wall.
(v) Diverter board aboard at-sea processing vessels. The conveyor
belt conveying unsorted catch must have a removable board (diverter
board) to allow all fish to be diverted from the belt directly into the
observer's sampling baskets. The diverter board must be located
downstream of the scale used to weigh total catch. At least 1 m of
accessible belt space, located downstream of the scale used to weight
total catch, must be available for the observer's use when sampling.
(vi) Other requirement for at-sea processing vessels. The sampling
station must be in a well-drained area that includes floor grating (or
other material that prevents slipping), lighting adequate for day or
night sampling, and a hose that supplies fresh or sea water to the
observer.
(vii) Observer sampling scale. The observer sample station must
include a NMFS-approved platform scale (pursuant to requirements at 50
CFR 679.28(d)(5)) with a capacity of at least 50 kg located within 1 m
of the observer's sampling table. The scale must be mounted so that the
weighing surface is no more than 0.7 m above the floor.
Sec. 660.120 Trawl fishery--crossover provisions.
(a) General. In addition to the General provisions listed at Sec.
660.60, subpart C, the crossover provisions of this section apply to
vessels operating in the limited entry trawl fishery.
(b) Operating in north-south management areas with different trip
limits--(1) Minor Rockfish.
(i) If a trawl vessel takes and retains minor shelf rockfish south
of 40[deg]10[min] N. lat., that vessel is also permitted to take and
retain, possess, or land yellowtail rockfish up to its cumulative
limits north of 40[deg]10[min] N. lat., even if yellowtail rockfish is
part of the landings from minor shelf rockfish taken and retained south
of 40[deg]10[min] N. lat. Widow rockfish is included in overall shelf
rockfish limits for all gear groups.
(ii) If a trawl vessel takes and retains minor shelf rockfish north
of 40[deg]10[min] N. lat., that vessel is also permitted to take and
retain, possess, or land chilipepper rockfish up to its cumulative
limits south of 40[deg]10[min] N. lat., even if chilipepper rockfish is
part of the landings from minor shelf rockfish taken and retained north
of 40[deg]10[min] N. lat.
(2) DTS complex. Differential trawl trip limits for the ``DTS
complex'' north and south of latitudinal management lines may be
specified in trip limits, Table 1 (North) and Table 1 (South) of this
subpart. Vessels operating in the limited entry trawl fishery are
subject to the crossover provisions in this paragraph when making
landings that include any one of the four species in the ``DTS
complex.''
(3) Flatfish complex. There are often differential trip limits for
the flatfish complex (butter, curlfin, English, flathead, petrale, rex,
rock, and sand soles, Pacific sanddab, and starry flounder) north and
south of latitudinal management lines. Vessels operating in the limited
entry trawl fishery are subject to the crossover provisions in this
paragraph when making landings that include any one of the species in
the flatfish complex.
Sec. 660.130 Trawl fishery--management measures.
(a) General. Limited entry trawl vessels include those vessels
registered to a limited entry permit with a trawl endorsement. Most
species taken in limited entry trawl fisheries will be managed with
cumulative trip limits (see trip limits in Tables 1 (North) and 1
(South) of this subpart), size limits (see Sec. 660.60 (h)(5), subpart
C), seasons (see Pacific whiting at Sec. 660.131(b), subpart D), gear
restrictions (see paragraph (b) of this section) and closed areas (see
paragraph (e) of this section and Sec. Sec. 660.70 through 660.79,
subpart C). The trawl fishery has gear requirements and trip limits
that differ by the type of trawl gear on board and the area fished.
Cowcod retention is prohibited in all fisheries and groundfish vessels
operating south of Point Conception must adhere to CCA restrictions
(see paragraph (e)(1) of this section and Sec. 660.70, subpart C). The
trip limits in Tables 1 (North) and 1 (South) of this subpart apply to
vessels participating in the limited entry groundfish trawl fishery and
may not be exceeded. Federal commercial groundfish regulations are not
intended to supersede any more restrictive state commercial groundfish
regulations relating to federally-managed groundfish.
(b) Trawl gear requirements and restrictions. Trawl nets may be
fished with or without otter boards, and may use warps or cables to
herd fish.
(1) Codends. Only single-walled codends may be used in any trawl.
Double-walled codends are prohibited.
(2) Mesh size. Groundfish trawl gear must meet the minimum mesh
size requirements in this paragraph. Mesh size requirements apply
throughout the net. Minimum trawl mesh sizes are: bottom trawl, 4.5
inches (11.4 cm); midwater trawl, 3.0 inches (7.6 cm). Minimum trawl
mesh size requirements are met if a 20-gauge stainless steel wedge,
less one thickness of the metal wedge, can be passed with only thumb
[[Page 33061]]
pressure through at least 16 of 20 sets of two meshes each of wet mesh.
(3) Chafing gear. Chafing gear may encircle no more than 50 percent
of the net's circumference. No section of chafing gear may be longer
than 50 meshes of the net to which it is attached. Chafing gear may be
used only on the last 50 meshes, measured from the terminal (closed)
end of the codend. Except at the corners, the terminal end of each
section of chafing gear on all trawl gear must not be connected to the
net. (The terminal end is the end farthest from the mouth of the net.)
Chafing gear must be attached outside any riblines and restraining
straps. There is no limit on the number of sections of chafing gear on
a net.
(4) Large footrope trawl gear. Large footrope gear is bottom trawl
gear with a footrope diameter larger than 8 inches (20 cm) (including
rollers, bobbins or other material encircling or tied along the length
of the footrope). Fishing with bottom trawl gear with a footrope
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or
other material encircling or tied along the length of the footrope) is
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec. 660.75, subpart C.
(5) Small footrope trawl gear. Small footrope gear is bottom trawl
gear with a footrope diameter of 8 inches (20 cm) or smaller (including
rollers, bobbins or other material encircling or tied along the length
of the footrope). Other lines or ropes that run parallel to the
footrope may not be augmented with material encircling or tied along
their length such that they have a diameter larger than 8 inches (20
cm). For enforcement purposes, the footrope will be measured in a
straight line from the outside edge to the opposite outside edge at the
widest part on any individual part, including any individual disk,
roller, bobbin, or any other device.
(i) Selective flatfish trawl gear. Selective flatfish trawl gear is
a type of small footrope trawl gear. The selective flatfish trawl net
must be a two-seamed net with no more than two riblines, excluding the
codend. The breastline may not be longer than 3 ft (0.92 m) in length.
There may be no floats along the center third of the headrope or
attached to the top panel except on the riblines. The footrope must be
less than 105 ft (32.26 m) in length. The headrope must be not less
than 30 percent longer than the footrope. An explanatory diagram of a
selective flatfish trawl net is provided as Figure 1 of part 660,
subpart D.
(ii) [Reserved].
(6) Midwater (or pelagic) trawl gear. Midwater trawl gear must have
unprotected footropes at the trawl mouth, and must not have rollers,
bobbins, tires, wheels, rubber discs, or any similar device anywhere on
any part of the net. The footrope of midwater gear may not be enlarged
by encircling it with chains or by any other means. Ropes or lines
running parallel to the footrope of midwater trawl gear must be bare
and may not be suspended with chains or any other materials. Sweep
lines, including the bottom leg of the bridle, must be bare. For at
least 20 ft. (6.15 m) immediately behind the footrope or headrope, bare
ropes or mesh of 16-inch (40.6-cm) minimum mesh size must completely
encircle the net. A band of mesh (a ``skirt'') may encircle the net
under transfer cables, lifting or splitting straps (chokers), but must
be: Over riblines and restraining straps; the same mesh size and
coincide knot-to-knot with the net to which it is attached; and no
wider than 16 meshes.
(c) Cumulative trip limits and prohibitions by limited entry trawl
gear type. Management measures may vary depending on the type of trawl
gear (i.e., large footrope, small footrope, selective flatfish, or
midwater trawl gear) used and/or on board a vessel during a fishing
trip, cumulative limit period, and the area fished. Trawl nets may be
used on and off the seabed. For some species or species groups, Table 1
(North) and Table 1 (South) of this subpart provide cumulative and/or
trip limits that are specific to different types of trawl gear: Large
footrope, small footrope (including selective flatfish), selective
flatfish, midwater, and multiple types. If Table 1 (North) and Table 1
(South) of this subpart provide gear specific limits for a particular
species or species group, it is unlawful to take and retain, possess or
land that species or species group with limited entry trawl gears other
than those listed.
(1) Fishing with large footrope trawl gear. It is unlawful for any
vessel using large footrope gear to fish for groundfish shoreward of
the RCAs defined at paragraph (e)(4) of this section and at Sec. Sec.
660.70 through 660.74, subpart C. The use of large footrope gear is
permitted seaward of the RCAs coastwide.
(2) Fishing with small footrope trawl gear. North of 40[deg]10[min]
N. lat., it is unlawful for any vessel using small footrope gear
(except selective flatfish gear) to fish for groundfish or have small
footrope trawl gear (except selective flatfish gear) onboard while
fishing shoreward of the RCA defined at paragraph (d) of this section
and at Sec. Sec. 660.70 through 660.74, subpart C. South of
40[deg]10[min] N. lat., small footrope gear is required shoreward of
the RCA. Small footrope gear is permitted seaward of the RCA coastwide.
(i) North of 40[deg]10[min] N. lat., selective flatfish gear is
required shoreward of the RCA defined at paragraph (d) of this section
and at Sec. Sec. 660.70, through 660.74, subpart C. South of
40[deg]10[min] N. lat., selective flatfish gear is permitted, but not
required, shoreward of the RCA. The use of selective flatfish trawl
gear is permitted seaward of the RCA coastwide.
(ii) [Reserved].
(3) Fishing with midwater trawl gear. North of 40[deg]10[min] N.
lat., midwater trawl gear is permitted only for vessels participating
in the primary Pacific whiting fishery (for details on the Pacific
whiting fishery see Sec. 660.131, subpart D.) South of 40[deg]10[min]
N. lat., the use of midwater trawl gear is prohibited shoreward of the
RCA and permitted seaward of the RCA.
(4) More than one type of trawl gear on board. The cumulative trip
limits in Table 1 (North) or Table 1 (South) of this subpart must not
be exceeded.
(i) The following restrictions apply to vessels operating north of
40[deg]10[min] N. lat.:
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have
both bottom trawl gear and midwater trawl gear onboard simultaneously.
A vessel may have more than one type of limited entry bottom trawl gear
on board, either simultaneously or successively, during a cumulative
limit period.
(B) If a vessel fishes exclusively with large or small footrope
trawl gear during an entire cumulative limit period, the vessel is
subject to the small or large footrope trawl gear cumulative limits and
that vessel must fish seaward of the RCA during that limit period.
(C) If a vessel fishes exclusively with selective flatfish trawl
gear during an entire cumulative limit period, then the vessel is
subject to the selective flatfish trawl gear-cumulative limits during
that limit period, regardless of whether the vessel is fishing
shoreward or seaward of the RCA.
(D) If more than one type of bottom trawl gear (selective flatfish,
large footrope, or small footrope) is on board, either simultaneously
or successively, at any time during a cumulative limit period, then the
most restrictive cumulative limit associated with the bottom trawl gear
on board during that cumulative limit period applies for the entire
cumulative limit period, regardless of whether the vessel is fishing
shoreward or seaward of the RCA.
[[Page 33062]]
(E) If a vessel fishes both north and south of 40[deg]10[min] N.
lat. with any type of small footrope gear onboard the vessel at any
time during the cumulative limit period, the most restrictive trip
limit associated with the gear on board applies for that trip and will
count toward the cumulative trip limit for that gear. (See crossover
provisions at Sec. 660.120, subpart D.)
(F) Midwater trawl gear is allowed only for vessels participating
in the primary whiting season.
(ii) The following restrictions apply to vessels operating south of
40[deg]10[min] N. lat.:
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have
both bottom trawl gear and midwater trawl gear onboard simultaneously.
A vessel may not have small footrope trawl gear and any other type of
bottom trawl gear onboard simultaneously.
(B) For vessels using more than one type of trawl gear during a
cumulative limit period, limits are additive up to the largest limit
for the type of gear used during that period. (Example: If a vessel
harvests 300 lbs. (136 kg) of chilipepper rockfish with small footrope-
gear, it may harvest up to 11,700 lbs. (5,209 kg) of chilipepper
rockfish with large footrope gear during the July and August cumulative
period, because the largest cumulative limit for chilipepper rockfish
during that period is 12,000 lbs. (5,443 kg) for large footrope gear.)
(C) If a vessel fishes both north and south of 40[deg]10[min] N.
lat. with any type of small footrope gear onboard the vessel at any
time during the cumulative limit period, the most restrictive trip
limit associated with the gear on board applies for that trip and will
count toward the cumulative trip limit for that gear (See crossover
provisions at Sec. 660.120, subpart D.)
(d) Sorting. Under Sec. 660.12 (a)(8), subpart C, it is unlawful
for any person to ``fail to sort, prior to the first weighing after
offloading, those groundfish species or species groups for which there
is a trip limit, size limit, scientific sorting designation, quota,
harvest guideline, or OY, if the vessel fished or landed in an area
during a time when such trip limit, size limit, scientific sorting
designation, quota, harvest guideline, or OY applied.'' The States of
Washington, Oregon, and California may also require that vessels record
their landings as sorted on their state landing receipt.
(1) Coastwide. Widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose
skate, and Pacific whiting;
(2) North of 40[deg]10[min] N. lat. POP, yellowtail rockfish;
(3) South of 40[deg]10[min] N. lat. Minor shallow nearshore
rockfish, minor deeper nearshore rockfish, California scorpionfish,
chilipepper rockfish, bocaccio rockfish, splitnose rockfish, Pacific
sanddabs, cowcod, bronzespotted rockfish and cabezon.
(e) Groundfish conservation areas (GCAs) applicable to trawl
vessels. A GCA, a type of closed area, is a geographic area defined by
coordinates expressed in degrees of latitude and longitude. The
latitude and longitude coordinates of the GCA boundaries are specified
at Sec. Sec. 660.70 through 660.74, subpart C. A vessel that is
fishing within a GCA listed in this paragraph (d) with trawl gear
authorized for use within a GCA may not have any other type of trawl
gear on board the vessel. The following GCAs apply to vessels
participating in the limited entry trawl fishery. Additional closed
areas that specifically apply to the Pacific whiting fisheries are
described at Sec. 660.131(c), subpart D.
(1) Cowcod conservation areas (CCAs). Vessels using limited entry
trawl gear are prohibited from fishing within the CCAs. See Sec.
660.70 for the coordinates that define the CCAs. Limited entry trawl
vessels may transit through the Western CCA with their gear stowed and
groundfish on board only in a corridor through the Western CCA bounded
on the north by the latitude line at 33[deg]00.50[min] N. lat., and
bounded on the south by the latitude line at 32[deg]59.50[min] N. lat.
It is unlawful to take and retain, possess, or land groundfish within
the CCAs, except as authorized in this paragraph, when those waters are
open to fishing.
(2) Farallon islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10-fm (18-m)
depth contour around the Farallon Islands. (See Sec. 660.70, subpart
C.)
(3) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters of depths less than 100-fm (183-m) around Cordell Banks as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C.
(4) Trawl rockfish conservation areas. The trawl RCAs are closed
areas, defined by specific latitude and longitude coordinates which are
specified at Sec. Sec. 660.70 through 660.74, subpart C. Boundaries
for the trawl RCAs applicable to groundfish trawl vessels throughout
the year are provided in the header to Table 1 (North) and Table 1
(South) of this subpart and may be modified by NMFS inseason pursuant
to Sec. 660.60(c), subpart C.
(i) It is unlawful to operate a vessel with trawl gear onboard
within the trawl RCA, except for the purpose of continuous transiting,
or when the use of trawl gear is authorized in this section. It is
lawful to fish with groundfish trawl gear within the trawl RCA only
under the following conditions: Vessels fishing with midwater trawl
gear on Pacific whiting trips during the primary whiting season,
provided a valid declaration report has been filed with NMFS OLE, as
required at Sec. 660.12(d), subpart C; and vessels fishing with
demersal seine gear between 38[deg] N. lat. and 36[deg] N. lat.
shoreward of a boundary line approximating the 100 fm (183 m) depth
contour as defined at Sec. 660.73, subpart C, provided a valid
declaration report has been filed.
(ii) Trawl vessels may transit through an applicable GCA, with or
without groundfish on board, provided all groundfish trawl gear is
stowed either: Below deck; or if the gear cannot readily be moved, in a
secured and covered manner, detached from all towing lines, so that it
is rendered unusable for fishing; or remaining on deck uncovered if the
trawl doors are hung from their stanchions and the net is disconnected
from the doors. These restrictions do not apply to vessels fishing with
midwater trawl gear for whiting during a primary season.
(iii) It is unlawful to take and retain, possess, or land
groundfish taken with limited entry trawl gear within the trawl RCA,
unless otherwise authorized in this section.
(iv) If a vessel fishes in the trawl RCA, it may not participate in
any fishing on that trip that is prohibited within the trawl RCA. [For
example, if a vessel fishes in the pink shrimp fishery within the RCA,
the vessel cannot on the same trip fish in the DTS fishery seaward of
the RCA.] Nothing in these Federal regulations supersedes any state
regulations that may prohibit trawling shoreward of the fishery
management area (3-200 nm).
(5) Essential fish habitat conservation areas. An EFHCA, a type of
closed area, is a geographic area defined by coordinates expressed in
degrees of latitude and longitude at Sec. Sec. 660.75 through 660.79,
subpart C, where specified types of fishing are prohibited in
accordance with Sec. 660.12, subpart C. EFHCAs apply to vessels using
bottom
[[Page 33063]]
trawl gear or to vessels using ``bottom contact gear,'' which is
defined at Sec. 660.11, subpart C, to include bottom trawl gear, among
other gear types.
(i) The following EFHCAs apply to vessels operating within the West
Coast EEZ with bottom trawl gear:
(A) Seaward of a boundary line approximating the 700-fm (1280-m)
depth contour. Fishing with bottom trawl gear is prohibited in waters
of depths greater than 700-fm (1280-m) within the EFH, as defined by
specific latitude and longitude coordinates at Sec. Sec. 660.75 and
660.76, subpart C.
(B) Shoreward of a boundary line approximating the 100-fm (183-m)
depth contour. Fishing with bottom trawl gear with a footrope diameter
greater than 8 inches (20-cm) is prohibited in waters shoreward of a
boundary line approximating the 100-fm (183-m) depth contour, as
defined by specific latitude and longitude coordinates at Sec. 660.73,
subpart C.
(C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl
gear is prohibited within the following EFHCAs, which are defined by
specific latitude and longitude coordinates at Sec. Sec. 660.77
through 660.78, subpart C: Olympic 2, Biogenic 1, Biogenic 2, Grays
Canyon, Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz
Deepwater, Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank,
Heceta Bank, Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
(D) EFHCAs for all bottom trawl gear, except demersal seine gear.
Fishing with bottom trawl gear except demersal seine gear (defined at
Sec. 660.11, subpart C) is prohibited within the following EFHCAs,
which are defined by specific latitude and longitude coordinates at
Sec. 660.79, subpart C: Eel River Canyon, Blunts Reef, Mendocino
Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South
Biogenic Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny
Shoal, Half Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur
Coast/Port San Luis, East San Lucia Bank, Point Conception, Hidden
Reef/Kidney Bank (within Cowcod Conservation Area West), Catalina
Island, Potato Bank (within Cowcod Conservation Area West), Cherry Bank
(within Cowcod Conservation Area West), and Cowcod EFH Conservation
Area East.
(ii) EFHCAs for bottom contact gear, which includes bottom trawl
gear. Fishing with bottom contact gear, including bottom trawl gear is
prohibited within the following EFHCAs, which are defined by specific
latitude and longitude coordinates at Sec. Sec. 660.75 through 660.79,
Subpart C: Thompson Seamount, President Jackson Seamount, Cordell Bank
(50 fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion,
Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk
Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing
with bottom contact gear is also prohibited within the Davidson
Seamount EFH Area, which is defined with specific latitude and
longitude coordinates at Sec. 660.75, subpart C.
Sec. 660.131 Pacific whiting fishery management measures.
(a) Sectors. In order for a vessel to fish in a particular whiting
fishery sector after May 11, 2009, that vessel must be registered for
use with a sector-specific Pacific whiting vessel license under Sec.
660.26, subpart C.
(1) The catcher/processor sector is composed of catcher/processors,
which are vessels that harvest and process whiting during a calendar
year.
(2) The mothership sector is composed of motherships and catcher
vessels that harvest whiting for delivery to motherships. Motherships
are vessels that process, but do not harvest, whiting during a calendar
year.
(3) The shore-based sector is composed of vessels that harvest
whiting for delivery to Pacific whiting shoreside first receivers.
Notwithstanding the other provisions of 50 CFR part 660, subpart C or
D, a vessel that is 75 feet or less LOA that harvests whiting and, in
addition to heading and gutting, cuts the tail off and freezes the
whiting, is not considered to be a catcher/processor nor is it
considered to be processing fish. Such a vessel is considered a
participant in the shorebased whiting sector, and is subject to
regulations and allocations for that sector.
(b) Pacific whiting seasons.
(1) Primary seasons. The primary seasons for the whiting fishery
are:
(i) For the shore-based sector, the period(s) when the large-scale
target fishery is conducted (when trip limits under paragraph (b) of
this section are not in effect);
(ii) For catcher/processors, the period(s) when at-sea processing
is allowed and the fishery is open for the catcher/processor sector;
and
(iii) For vessels delivering to motherships, the period(s) when at-
sea processing is allowed and the fishery is open for the mothership
sector.
(2) Before and after the primary seasons. Before and after the
primary seasons, trip landing or frequency limits may be imposed under
Sec. 660.60(c). The sectors are defined at Sec. 660.60(a).
(3) Different primary season start dates. North of 40[deg]30[min]
N. lat., different starting dates may be established for the catcher/
processor sector, the mothership sector, catcher vessels delivering to
shoreside processors north of 42[deg] N. lat., and catcher vessels
delivering to shoreside processors between 42[deg] N. lat. through
40[deg]30[min] N. lat.
(i) Procedures. The primary seasons for the whiting fishery north
of 40[deg]30[min] N. lat. generally will be established according to
the procedures of the PCGFMP for developing and implementing harvest
specifications and apportionments. The season opening dates remain in
effect unless changed, generally with the harvest specifications and
management measures.
(ii) Criteria. The start of a primary season may be changed based
on a recommendation from the Council and consideration of the following
factors, if applicable: Size of the harvest guidelines for whiting and
bycatch species; age/size structure of the whiting population; expected
harvest of bycatch and prohibited species; availability and stock
status of prohibited species; expected participation by catchers and
processors; environmental conditions; timing of alternate or competing
fisheries; industry agreement; fishing or processing rates; and other
relevant information.
(iii) Primary whiting season start dates and duration. After the
start of a primary season for a sector of the whiting fishery, the
season remains open for that sector until the quota is taken or a
bycatch limit is reached and the fishery season for that sector is
closed by NMFS. The starting dates for the primary seasons for the
whiting fishery are as follows:
(A) Catcher/processor sector--May 15.
(B) Mothership sector--May 15.
(C) Shore-based sector
(1) North of 42[deg] N. lat.--June 15;
(2) Between 42[deg]-40[deg]30[min] N. lat.--April 1; and
(3) South of 40[deg]30[min] N. lat.--April 15.
(4) Trip limits in the whiting fishery. The ``per trip'' limit for
whiting before and after the regular (primary) season for the shore-
based sector is announced in Table 1 of this subpart, and is a routine
management measure under Sec. 660.60(c). This trip limit includes any
whiting caught shoreward of 100 fm (183 m) in the Eureka, CA area. The
``per trip'' limit for other groundfish species before, during, and
after the regular (primary) season are announced in Table 1 (North) and
Table 1 (South) of this subpart and apply as follows:
(i) During the groundfish cumulative limit periods both before and
after the primary whiting season, vessels may use
[[Page 33064]]
either small and/or large footrope gear, but are subject to the more
restrictive trip limits for those entire cumulative periods.
(ii) If, during a primary whiting season, a whiting vessel harvests
a groundfish species other than whiting for which there is a midwater
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that
overlaps the start or end of the primary whiting season.
(5) Bycatch limits in the whiting fishery. The bycatch limits for
the whiting fishery may be established, adjusted, and used inseason to
close a sector or sectors of the whiting fishery to achieve the
rebuilding of an overfished or depleted stock. These limits are routine
management measures under Sec. 660.60(c), subpart C, and, as such, may
be adjusted inseason or may have new species added to the list of those
with bycatch limits. Closure of a sector or sectors when a bycatch
limit is projected to be reached is an automatic action under Sec.
660.60(d), subpart C.
(i) The whiting fishery bycatch limit is apportioned among the
sectors identified in paragraph (a) of this section based on the same
percentages used to allocate whiting among the sectors, established in
Sec. 660.55(i)(2), subpart C. The sector specific bycatch limits are:
For catcher/processors 6.1 mt of canary rockfish, 85.0 mt of widow
rockfish, and 8.5 mt of darkblotched rockfish; for motherships 4.3 mt
of canary rockfish, 60.0 mt of widow rockfish, and 6.0 mt of
darkblotched rockfish; and for shore-based 7.6 mt of canary rockfish,
105.0 mt of widow rockfish, and 10.5 mt of darkblotched rockfish.
(ii) The Regional Administrator may make available for harvest to
the other sectors of the whiting fishery identified in Sec. 660.131(a)
of this subpart, the amounts of a sector's bycatch limit species
remaining when a sector is closed because its whiting allocation or a
bycatch limit has been reached or is projected to be reached. The
remaining bycatch limit species shall be redistributed in proportion to
each sector's initial whiting allocation. When considering
redistribution of bycatch limits between the sectors of the whiting
fishery, the Regional Administrator will take into consideration the
best available data on total projected fishing impacts on the bycatch
limit species, as well as impacts on other groundfish species.
(iii) If a bycatch limit is reached or is projected to be reached,
the following action, applicable to the sector may be taken.
(A) Catcher/processor sector. Further taking and retaining,
receiving, or at-sea processing of whiting by a catcher/processor is
prohibited. No additional unprocessed whiting may be brought on board
after at-sea processing is prohibited, but a catcher/processor may
continue to process whiting that was on board before at-sea processing
was prohibited.
(B) Mothership sector. Further receiving or at-sea processing of
whiting by a mothership is prohibited. No additional unprocessed
whiting may be brought on board after at-sea processing is prohibited,
but a mothership may continue to process whiting that was on board
before at-sea processing was prohibited. Whiting may not be taken and
retained, possessed, or landed by a catcher vessel participating in the
mothership sector.
(C) Shore-based sector. Whiting may not be taken and retained,
possessed, or landed by a catcher vessel participating in the shore-
based sector except as authorized under a trip limit specified under
Sec. 660.60(c), subpart C.
(iv) The Regional Administrator will announce in the Federal
Register when a bycatch limit is reached, or is projected to be
reached, specifying the action being taken as specified under paragraph
(b)(5) of this section. The Regional Administrator will announce in the
Federal Register any reapportionment of bycatch limit species. In order
to prevent exceeding the bycatch limits or to avoid underutilizing the
Pacific whiting resource, prohibitions against further taking and
retaining, receiving, or at-sea processing of whiting, or
reapportionment of bycatch limits species may be made effective
immediately by actual notice to fishers and processors, by e-mail,
Internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Whiting-Management/index.cfm), phone, fax, letter,
press release, and/or USCG Notice to Mariners (monitor channel 16 VHF),
followed by publication in the Federal Register.
(c) Closed areas. Pacific whiting may not be taken and retained in
the following portions of the fishery management area:
(1) Klamath river salmon conservation zone. The ocean area
surrounding the Klamath River mouth bounded on the north by
41[deg]38.80' N. lat. (approximately 6 nm north of the Klamath River
mouth), on the west by 124[deg]23' W. long. (approximately 12 nm from
shore), and on the south by 41[deg]26.80' N. lat. (approximately 6 nm
south of the Klamath River mouth).
(2) Columbia river salmon conservation zone. The ocean area
surrounding the Columbia River mouth bounded by a line extending for 6
nm due west from North Head along 46[deg]18' N. lat. to 124[deg]13.30'
W. long., then southerly along a line of 167 True to 46[deg]11.10' N.
lat. and 124[deg]11' W. long. (Columbia River Buoy), then northeast
along Red Buoy Line to the tip of the south jetty.
(3) Ocean salmon conservation zone. All waters shoreward of a
boundary line approximating the 100 fm (183 m) depth contour. Latitude
and longitude coordinates defining the boundary line approximating the
100 fm (183 m) depth contour are provided at Sec. 660.73, subpart C.
This closure will be implemented through automatic action, defined at
Sec. 660.60(d), subpart C, when NMFS projects the Pacific whiting
fishery may take in excess of 11,000 Chinook within a calendar year.
(4) Pacific whiting bycatch reduction areas (BRAs). Vessels using
limited entry midwater trawl gear during the primary whiting season may
be prohibited from fishing shoreward of a boundary line approximating
the 75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) depth contours.
Latitude and longitude coordinates for the boundary lines approximating
the depth contours are provided at Sec. 660.73, subpart C. Closures
may be implemented inseason for a sector(s) through automatic action,
defined at Sec. 660.60(d), subpart C, when NMFS projects that a sector
will exceed a bycatch limit specified for that sector before the
sector's whiting allocation is projected to be reached.
(d) Eureka area trip limits. Trip landing or frequency limits may
be established, modified, or removed under Sec. 660.60, subpart C, or
Sec. 660.131, subpart D, specifying the amount of Pacific whiting that
may be taken and retained, possessed, or landed by a vessel that, at
any time during a fishing trip, fished in the fishery management area
shoreward of the 100 fathom (183 m) contour (as shown on NOAA Charts
18580, 18600, and 18620) in the Eureka area (from 43 00' to 40 30' N.
lat.). Unless otherwise specified, no more than 10,000-lb (4,536 kg) of
whiting may be taken and retained, possessed, or landed by a vessel
that, at any time during a fishing trip, fished in the fishery
management area shoreward of the 100 fm (183 m) contour (as shown on
NOAA Charts 18580, 18600, and 18620) in the Eureka management area
(defined at Sec. 660.11, subpart C).
(e) At-sea processing. Whiting may not be processed at sea south of
42[deg]00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as
[[Page 33065]]
authorized under paragraph (i) of this section.
(f) Time of day. Pacific whiting may not be taken and retained by
any vessel in the fishery management area south of 42[deg]00' N. lat.
between 0001 hours to one-half hour after official sunrise (local
time). During this time south of 42[deg]00' N. lat., trawl doors must
be on board any vessel used to fish for whiting and the trawl must be
attached to the trawl doors. Official sunrise is determined, to the
nearest 5[deg] lat., in The Nautical Almanac issued annually by the
Nautical Almanac Office, U.S. Naval Observatory, and available from the
U.S. Government Printing Office.
(g) Additional restrictions on catcher/processors--(1) A catcher/
processor may receive fish from a catcher vessel, but that catch is
counted against the catcher/processor allocation unless the catcher/
processor has been declared as a mothership under paragraph (g)(3) of
this section.
(2) A catcher/processor may not also act as a catcher vessel
delivering unprocessed whiting to another processor in the same
calendar year.
(3) When renewing its limited entry permit each year under Sec.
660.25, subpart C, the owner of a catcher/processor used to take and
retain whiting must declare if the vessel will operate solely as a
mothership in the whiting fishery during the calendar year to which its
limited entry permit applies. Any such declaration is binding on the
vessel for the calendar year, even if the permit is transferred during
the year, unless it is rescinded in response to a written request from
the permit holder. Any request to rescind a declaration must be made by
the permit holder and granted in writing by the Regional Administrator
before any unprocessed whiting has been taken on board the vessel that
calendar year.
(h) Pacific whiting first receivers--(1) Pacific whiting shoreside
first receivers and processors may receive groundfish species, other
than Pacific Whiting, that is in excess of trip limits from a Pacific
whiting shoreside vessel that is fishing under an EFP that authorizes
the vessel to possess the catch.
(i) Bycatch reduction and full utilization program for at-sea
processors (optional). If a catcher/processor or mothership in the
whiting fishery carries more than one NMFS-approved observer for at
least 90 percent of the fishing days during a cumulative trip limit
period, then groundfish trip limits may be exceeded without penalty for
that cumulative trip limit period, if the conditions in paragraph
(h)(2) of this section are met. For purposes of this program, ``fishing
day'' means a 24-hour period, from 0001 hours through 2400 hours, local
time, in which fishing gear is retrieved or catch is received by the
vessel, and will be determined from the vessel's observer data, if
available. Changes to the number of observers required for a vessel to
fish under in the bycatch reduction program will be announced prior to
the start of the fishery, generally concurrent with the harvest
specifications and management measures. Groundfish consumed on board
the vessel must be within any applicable trip limit and recorded as
retained catch in any applicable logbook or report. [Note: For a
mothership, non-whiting groundfish landings are limited by the
cumulative landings limits of the catcher vessels delivering to that
mothership.]
(2) Conditions. Conditions for participating in the voluntary full
utilization program are as follows:
(i) All catch must be made available to the observers for sampling
before it is sorted by the crew.
(ii) Any retained catch in excess of cumulative trip limits must
either be: Converted to meal, mince, or oil products, which may then be
sold; or donated to a bona fide tax-exempt hunger relief organization
(including food banks, food bank networks or food bank distributors),
and the vessel operator must be able to provide a receipt for the
donation of groundfish landed under this program from a tax-exempt
hunger relief organization immediately upon the request of an
authorized officer.
(iii) No processor or catcher vessel may receive compensation or
otherwise benefit from any amount in excess of a cumulative trip limit
unless the overage is converted to meal, mince, or oil products.
Amounts of fish in excess of cumulative trip limits may only be sold as
meal, mince, or oil products.
(iv) The vessel operator must contact the NMFS enforcement office
nearest to the place of landing at least 24 hours before landing
groundfish in excess of cumulative trip limits for distribution to a
hunger relief agency. Cumulative trip limits and a list of NMFS
enforcement offices are found on the NMFS, Northwest Region homepage at
http://www.nwr.noaa.gov.
(v) If the meal plant on board the whiting processing vessel breaks
down, then no further overages may be retained for the rest of the
cumulative trip limit period unless the overage is donated to a hunger
relief organization.
(vi) Prohibited species may not be retained.
(vii) Donation of fish to a hunger relief organization must be
noted in the transfer log (Product Transfer/Offloading Log (PTOL)), in
the column for total value, by entering a value of ``0'' or
``donation,'' followed by the name of the hunger relief organization
receiving the fish. Any fish or fish product that is retained in excess
of trip limits under this rule, whether donated to a hunger relief
organization or converted to meal, must be entered separately on the
PTOL so that it is distinguishable from fish or fish products that are
retained under trip limits. The information on the Mate's Receipt for
any fish or fish product in excess of trip limits must be consistent
with the information on the PTOL. The Mate's Receipt is an official
document that states who takes possession of offloaded fish, and may be
a Bill of Lading, Warehouse Receipt, or other official document that
tracks the transfer of offloaded fish or fish product. The Mate's
Receipt and PTOL must be made available for inspection upon request of
an authorized officer throughout the cumulative limit period during
which such landings occurred and for 15 days thereafter.
(j) Processing fish waste at sea. A vessel that processes only fish
waste (a ``waste-processing vessel'') is not considered a whiting
processor and therefore is not subject to the allocations, seasons, or
restrictions for catcher/processors or motherships while it operates as
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary
season for whiting in which the vessel operates as a catcher/processor
or mothership. A vessel must meet the following conditions to qualify
as a waste-processing vessel:
(1) The vessel makes meal (ground dried fish), oil, or minced
(ground flesh) product, but does not make, and does not have on board,
surimi (fish paste with additives), fillets (meat from the side of the
fish, behind the head and in front of the tail), or headed and gutted
fish (head and viscera removed).
(2) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under Sec. 660.60(c), subpart C, or Tables 1
(North) or 1 (South) in subpart D.
(3) Any trawl net and doors on board are stowed in a secured and
covered manner, and detached from all towing lines, so as to be
rendered unusable for fishing.
(4) The vessel does not receive codends containing fish.
(5) The vessel's operations are consistent with applicable state
and Federal law, including those governing disposal of fish waste at
sea.
(k) Additional requirements for participants in the Pacific whiting
[[Page 33066]]
shoreside fishery--(1) Pacific whiting shoreside first receiver
responsibilities--(i) Weights and measures. All groundfish weights
reported on electronic fish tickets must be recorded from scales with
appropriate weighing capacity that ensures accuracy for the amount of
fish being weighed. For example: amounts of fish less than 1,000-lb
(454 kg) should not be weighed on scales that have an accuracy range of
1,000-lb to 7,000-lb (454-3,175 kg) and are therefore not capable of
accurately weighing amounts less than 1,000-lb (454 kg).
(ii) [Reserved]
(2) Sorting requirements for the Pacific whiting shoreside fishery.
Fish delivered to Pacific whiting shoreside first receivers (including
shoreside processing facilities and buying stations that intend to
transport catch for processing elsewhere) must be sorted, prior to
first weighing after offloading from the vessel and prior to transport
away from the point of landing, to the species groups specified in
Sec. 660.60(h)(6), subpart C, for vessels with limited entry permits.
Prohibited species must be sorted according to the following species
groups: Dungeness crab, Pacific halibut, Chinook salmon, Other salmon.
Non-groundfish species must be sorted as required by the state of
landing.
Sec. 660.140 Shorebased IFQ program.
(a) General. The Shorebased IFQ Program requirements in Sec.
660.140 will be effective beginning January 1, 2011, except for
paragraphs (d)(4), (d)(6), and (d)(8) of this section, which are
effective immediately. The IFQ Program applies to qualified
participants in the Pacific Coast Groundfish fishery and includes a
system of transferable QS for most groundfish species or species groups
and trip limits or set-asides for the remaining groundfish species or
species groups. The IFQ Program is subject to area restrictions (GCAs,
RCAs, and EFHCAs) listed at Sec. Sec. 660.70 through 660.79, subpart
C. The shorebased IFQ fishery may be restricted or closed as a result
of projected overages within the Shorebased IFQ Program, the Mothership
Coop Program, or the C/P Coop Program. As determined necessary by the
Regional Administrator, area restrictions, season closures, or other
measures will be used to prevent the trawl sector in aggregate or the
individual trawl sectors (Shorebased IFQ, Mothership Coop, or C/P Coop)
from exceeding an OY, or formal allocation specified in the PCGFMP or
regulation at Sec. 660.55, subpart C, or Sec. Sec. 660.140, 660.150,
or 660.160, subpart D.
(b) Participation requirements. [Reserved]
(1) QS permit owners. [Reserved]
(2) IFQ vessels. [Reserved]
(c) IFQ species and allocations.
(1) IFQ species. IFQ species are those groundfish species and
Pacific halibut in the exclusive economic zone or adjacent state waters
off Washington, Oregon and California, under the jurisdiction of the
Pacific Fishery Management Council, for which QS will be issued. QS
will specify designations for the species/species groups and area to
which it applies. QS and QP species groupings and area subdivisions
will be those for which OYs are specified in the Tables 1a through 2d,
subpart C, and those for which there is an area-specific precautionary
harvest policy. QS for remaining minor rockfish will be aggregated for
the shelf and slope depth strata (nearshore species are excluded). The
following are the IFQ species:
IFQ Species
------------------------------------------------------------------------
-------------------------------------------------------------------------
Roundfish:
Lingcod.
Pacific cod.
Pacific whiting.
Sablefish north of 36[deg] N. lat.
Sablefish south of 36[deg] N. lat.
Flatfish:
Dover sole.
English sole.
Petrale sole.
Arrowtooth flounder.
Starry flounder.
Other Flatfish stock complex.
Pacific halibut (IBQ).
Rockfish:
Pacific ocean perch.
Widow rockfish.
Canary rockfish.
Chilipepper rockfish.
Bocaccio.
Splitnose rockfish.
Yellowtail rockfish.
Shortspine thornyhead north of 34[deg] 27' N. lat.
Shortspine thornyhead south of 34[deg] 27' N. lat.
Longspine thornyhead north of 34[deg] 27' N. lat.
Cowcod.
Darkblotched.
Yelloweye.
Minor Rockfish North slope species complex.
Minor Rockfish North shelf species complex.
Minor Rockfish South slope species complex.
Minor Rockfish South shelf species complex.
------------------------------------------------------------------------
(2) IFQ program allocations. Allocations for the Shorebased IFQ
Program are determined for IFQ species as follows:
(i) For Pacific whiting, the Shorebased IFQ Program allocation is
specified at Sec. 660.55(i)(2), subpart C, 42 percent.
(ii) For Sablefish N. of 36[deg] N. lat., the Shorebased IFQ
Program allocation is the limited entry trawl allocation specified at
Sec. 660.55(h), subpart C, minus any set-asides for the mothership and
C/P sectors for that species.
(iii) For IFQ species listed in the trawl/nontrawl allocation
table, specified at Sec. 660.55(c), subpart C, allocations are
determined by applying the trawl column percent to the fishery harvest
guideline minus any set-asides for the mothership and C/P sectors for
that species and minus allocations for darkblotched rockfish, POP, and
widow rockfish.
(iv) The remaining IFQ species (canary rockfish, bocaccio, cowcod,
yelloweye rockfish, minor shelf rockfish N. of 40[deg]10' N. lat., and
minor shelf rockfish S. of 40[deg]10' N. lat., and minor slope rockfish
S. of 40[deg]10' N. lat.) are allocated through the biennial
specifications and management measures process minus any set-asides for
the mothership and C/P sectors for that species.
(v) For Pacific halibut N. of 40[deg]10' N. lat., the Shorebased
IFQ Program allocation is specified at 660.55(m).
(vi) Annual sub-allocations of IFQ species to individual QS permits
and QS accounts are based on the percent of QS registered to the
account and the amount of fish allocated to the Shorebased IFQ Program.
(d) QS permits and QS accounts--(1) General. In order to obtain QS,
a person must apply for a QS permit. NMFS will determine if the
applicant is eligible to acquire QS in compliance with the accumulation
limits found at paragraph (d)(4) of this section. For those persons
that are found to be eligible for a QS permit, NMFS will issue QS and
establish a QS account. QP will be issued annually at the start of the
calendar year to a QS account based on the percent of QS registered to
the account and the amount of fish allocated to the Shorebased IFQ
Program. QP will be issued to the nearest whole pound using standard
rounding rules (i.e. decimal amounts from 0 up to 0.5 round down and
0.5 and above round up), except that initial allocations of QP for
overfished species greater than zero but less than one pound will be
rounded up to one pound in the first year of the trawl rationalization
program. QS owners must transfer their QP from their QS account to a
vessel account in order for those QP to be fished. QP must be
transferred in whole pounds (i.e. no fraction of a QP can be
transferred). All
[[Page 33067]]
QP in a QS account must be transferred to a vessel account by September
1 of each year.
(2) Eligibility and registration. [Reserved]
(3) Renewal, change of permit ownership, and transfer. [Reserved]
(4) Accumulation limits--(i) QS and IBQ control limits. QS and IBQ
control limits are accumulation limits and are the amount of QS and IBQ
that a person, individually or collectively, may own or control. QS
control limits are expressed as a percentage of the Shorebased IFQ
Program's allocation.
(A) Control limits for individual species. No person may own or
control by any means whatsoever an amount of QS or IBQ for any
individual species that exceeds the Shorebased IFQ Program accumulation
limits.
(B) Control limit for aggregate non-whiting QS holdings. To
determine how much aggregate non-whiting QS a person holds, NMFS will
convert the person's QS to pounds. This conversion will always be
conducted using the trawl allocations applied to the 2010 OYs, until
such time as the Council recommends otherwise. Specifically, NMFS will
multiply each person's QS for each species by the shoreside trawl
allocation for that species. The person's pounds for all non-whiting
species will be summed and divided by the shoreside trawl allocation of
all non-whiting species to calculate the person's share of the
aggregate non-whiting trawl quota.
(C) The Shorebased IFQ Program accumulation limits are as follows:
------------------------------------------------------------------------
QS control
Species category limit
(percent)
------------------------------------------------------------------------
Non-whiting Groundfish Species.......................... 2.7
Lingcod--coastwide...................................... 2.5
Pacific Cod............................................. 12.0
Pacific whiting (shoreside)............................. 10.0
Sablefish
N. of 36[deg] (Monterey north)...................... 3.0
S. of 36[deg] (Conception area)..................... 10.0
PACIFIC OCEAN PERCH..................................... 4.0
WIDOW ROCKFISH\*\....................................... 5.1
CANARY ROCKFISH......................................... 4.4
Chilipepper Rockfish.................................... 10.0
BOCACCIO................................................ 13.2
Splitnose Rockfish...................................... 10.0
Yellowtail Rockfish..................................... 5.0
Shortspine Thornyhead
N. of 34[deg]27'.................................... 6.0
S. of 34[deg]27'.................................... 6.0
Longspine Thornyhead
N. of 34[deg]27'.................................... 6.0
COWCOD.................................................. 17.7
DARKBLOTCHED............................................ 4.5
YELLOWEYE............................................... 5.7
Minor Rockfish North
Shelf Species....................................... 5.0
Slope Species....................................... 5.0
Minor Rockfish South
Shelf Species....................................... 9.0
Slope Species....................................... 6.0
Dover sole.......................................... 2.6
English Sole........................................ 5.0
Petrale Sole........................................ 3.0
Arrowtooth Flounder................................. 10.0
Starry Flounder..................................... 10.0
Other Flatfish...................................... 10.0
Other Fish.......................................... 5.0
Pacific Halibut..................................... 5.4
------------------------------------------------------------------------
(ii) Ownership--individual and collective rule. The QS that counts
toward a person's accumulation limit will include:
(A) The QS owned by that person, and
(B) A portion of the QS owned by an entity in which that person has
an interest, where the person's share of interest in that entity will
determine the portion of that entity's QS that counts toward the
person's limit.
(iii) Control. Control means, but is not limited to, the following:
(A) The person has the right to direct, or does direct, in whole or
in part, the business of the entity to which the QS are registered;
(B) The person has the right to limit the actions of or replace, or
does limit the actions of 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 to which the QS are
registered;
(C) The person has the right to direct, or does direct, the
transfer of QS, or the resulting QP;
(D) The person, through loan covenants or any other means, has the
right to restrict, or does restrict, the day to day business activities
and management policies of the entity to which the QS are registered;
(E) The person, through loan covenants or any other means, has the
right to restrict, or does restrict, use of QS, or the resulting QP, or
disposition of fish harvested under the resulting QP;
(F) The person has the right to control, or does control, the
management of, or to be a controlling factor in, the entity to which
the QS, or the resulting QP, are registered;
[[Page 33068]]
(G) The person has the right to cause, or does cause, the sale,
lease or other disposition of QS, or the resulting QP; and
(H) The person has the ability through any means whatsoever to
control the entity to which QS is registered.
(iv) Trawl identification of ownership interest form. Any person
that owns a limited entry trawl permit and is applying for a QS permit
shall document those individuals that have greater than or equal to 2
percent ownership interest in the permit. This ownership interest must
be documented with the SFD via the Trawl Identification of Ownership
Interest Form sent to the permit owner with their application. SFD will
not issue a QS Permit unless the Trawl Identification of Ownership
Interest Form has been completed. Further, if SFD discovers through
review of the Trawl Identification of Ownership Interest Form that a
person owns or controls more than the accumulation limits and is not
authorized to do so under paragraph (d)(4)(v) of this section, the
person will be notified and the QS Permit will be issued up to the
accumulation limit specified in the QS Control Limit table from
paragraph (d)(4)(i) of this section.
(v) Divestiture. For QS permit owners that are found to exceed the
accumulation limits during the initial issuance of QS permits, an
adjustment period will be provided after which they will have to divest
of QS in excess of the accumulation limits. QS will be issued for
amounts in excess of accumulation limits only for owners of limited
entry permits transferred to them by November 8, 2008, if such
transfers of ownership have been registered with NMFS by November 30,
2008. The owner of any permit transferred after November 8, 2008 or not
registered with NMFS by November 30, 2008 will only be eligible to
receive an initial allocation for that permit of those QS that are
within the accumulation limits; any QS in excess of the accumulation
limits will be redistributed to the remainder of the initial recipients
of QS in proportion to each recipient's initial allocation of QS for
each species. Any person that qualifies for an initial allocation of QS
in excess of the accumulation limits will be allowed to receive that
allocation but must divest themselves of the excess QS during years
three and four of the IFQ program. Holders of QS in excess of the
control limits may receive and use the QP associated with that excess,
up to the time their divestiture is completed. At the end of year 4 of
the IFQ program, any QS held by a person in excess of the accumulation
limits will be revoked and redistributed to the remainder of the QS
holders in proportion to the QS holdings in year 5. No compensation
will be due for any revoked shares.
(5) Appeals. [Reserved]
(6) Fees. The Regional Administrator is authorized to charge fees
for administrative costs associated with the issuance of a QS permit
consistent with the provisions given at Sec. 660.25(f), subpart C.
(7) [Reserved]
(8) Application requirements and initial issuance for QS permit and
QS--(i) Additional definitions. The following definitions are
applicable to paragraph (d)(8) of this section and apply to terms used
for the purposes of application requirements and initial issuance of QS
Permits and QS:
(A) non-whiting trip means a fishing trip where less than 50
percent by weight of all fish reported on the state landing receipt is
whiting.
(B) PacFIN means the Pacific Fisheries Information Network of the
Pacific States Marine Fisheries Commission.
(C) Relative history means the landings history of a permit for a
species, year, and area subdivision, divided by the total fleet history
of the sector for that species, year, and area subdivision, as
appropriate. Relative history is expressed as a percent.
(D) Shoreside processor means an operation, working on US soil,
that takes delivery of trawl caught groundfish that has not been
processed; and that thereafter engages that fish in shoreside
processing. Entities that received fish that have not undergone at-sea
processing or shoreside processing and sell that fish directly to
consumers shall not be considered a processor for purposes of QS
allocations. Shoreside processing is defined as either of the
following:
(1) Any activity that takes place shoreside; and that involves:
Cutting groundfish into smaller portions; or freezing, cooking,
smoking, drying groundfish; or packaging that groundfish for resale
into 100 pound units or smaller for sale or distribution into a
wholesale or retail market.
(2) The purchase and redistribution into a wholesale or retail
market of live groundfish from a harvesting vessel.
(E) Whiting trip means a fishing trip where greater than or equal
to 50 percent by weight of all fish reported on the state landing
receipt is whiting.
(ii) Eligibility criteria for QS permit and QS. Only the following
persons are eligible to receive a QS permit or QS:
(A) The owner of a valid trawl limited entry permit is eligible to
receive a QS permit and its associated QS amount. Any past landings
history associated with the current limited entry trawl permit accrues
to the current permit owner. NMFS will not recognize any person as the
limited entry permit owner other than the person listed as limited
entry permit owner in NMFS permit database. If a limited entry permit
has history on state landing receipts and has been combined with a
permit that has received or will receive a C/P endorsement, the trawl
limited entry permit does not qualify for QS.
(B) Shoreside processors that meet the recent participation
requirement of having received deliveries of 1 mt or more of whiting
from whiting trips in each of any two years from 1998 through 2004 are
eligible for an initial issuance of whiting QS. NMFS will initially
identify shoreside processors by reference to Pacific whiting shoreside
first receivers recorded on fish tickets in the dataset extracted from
PacFIN by NMFS on July 1, 2010, subject to correction as described in
paragraph (d)(8)(iv)(G) of this section.
(iii) Steps for QS allocation formula. The QS allocation formula is
applied in the following steps:
(A) First, for each limited entry trawl permit owner, NMFS will
determine a preliminary QS allocation for non-whiting trips.
(B) Second, for each limited entry trawl permit owner, NMFS will
determine a preliminary QS allocation for whiting trips.
(C) Third, for each limited entry trawl permit owner, NMFS will
combine the amounts resulting from paragraphs (d)(8)(iii)(A) and (B) of
this section.
(D) Fourth, NMFS will reduce the results for limited entry trawl
permit owners by 10 percent of non-whiting species as a set aside for
Adaptive Management Program (AMP) and by 20 percent of whiting for the
initial issuance of QS allocated to qualifying shoreside processors.
(E) Fifth, NMFS will determine the whiting QS allocation for
qualifying shoreside processors from the 20 percent of whiting QS
allocated to qualifying shoreside processors at initial issuance of QS.
(F) Sixth, for each limited entry trawl permit owner, NMFS will
determine the Pacific halibut IBQ allocation.
(iv) Allocation formula for specific QS amounts--(A) Allocation
formula rules. Unless otherwise specified, the following rules will be
applied to data for the purpose of calculating an initial allocation of
QS:
(1) For limited entry trawl permit owners, a permit will be
assigned catch history or relative history based on the
[[Page 33069]]
landing history of the vessel(s) associated with the permit at the time
the landings were made.
(2) The extracted PacFIN data includes species compositions based
on port sampled data and applied to data at the vessel level. For
species that do not match IFQ species categories after applying
standard PacFIN species composition algorithms, NMFS will assign
species to an IFQ species category based on other information from
state landing receipts or logbook information in PacFIN.
(3) Only landings of IFQ species which are caught in the exclusive
economic zone or adjacent state waters off Washington, Oregon and
California will be used for calculation of allocation formulas. For the
purpose of allocation of IFQ species for which the QS will be
subdivided by area, catch areas have been assigned to landings of IFQ
species reported on state landing receipts based on port of landing.
(4) History from limited entry permits that have been combined with
a permit that may qualify for a C/P endorsement and which has
shorebased permit history will not be included in the preliminary QS
allocation formula, other than in the determination of fleet history
used in the calculation of relative history for permits that do not
have a C/P endorsement.
(5) History of illegal landings and landings made under non-whiting
EFPs that are in excess of the cumulative limits in place for the non-
EFP fishery will not count toward the allocation of QS.
(6) The limited entry permit's landings history includes the
landings history of permits that have been previously combined with
that permit.
(7) If two or more limited entry trawl permits have been
simultaneously registered to the same vessel, NMFS will split the
landing history evenly between all limited entry trawl-endorsed permits
during the time they were simultaneously registered to the vessel.
(8) Unless otherwise noted, the calculation for QS allocation under
paragraph (d)(8) of this section will be based on state landing
receipts (fish tickets) as recorded in the dataset that was extracted
from PacFIN by NMFS on July 1, 2010.
(9) For limited entry trawl permits, landings under provisional
``A'' permits that did not become ``A'' permits and ``B'' permits will
not count toward the allocation of QS, other than in the determination
of fleet history used in the calculation of relative history for
permits that do not have a C/P endorsement.
(10) For limited entry trawl permits, NMFS will calculate initial
issuance of QS separately based on whiting trips and non-whiting trips,
and will weigh each calculation according to initial issuance
allocations between whiting trips and non-whiting trips, which are one-
time allocations necessary for the formulas used during the initial
issuance of QS to create a single shorebased IFQ program. The initial
issuance allocations between whiting and non-whiting trips for canary
rockfish, bocaccio, cowcod, yelloweye rockfish, minor shelf rockfish N.
of 40[deg]10', minor shelf rockfish S. of 40[deg]10', and minor slope
rockfish S. of 40[deg]10' will be determined through the biennial
specifications process. The short-term allocations for the remaining
IFQ species are as follows:
------------------------------------------------------------------------
Initial issuance allocation percentage
Species -----------------------------------------
Non-whiting Whiting
------------------------------------------------------------------------
Lingcod....................... 99.7%............ 0.3%
Pacific Cod................... 99.9%............ 0.1%
Pacific Whiting............... 0.1%............. 99.9%
Sablefish N. of 36[deg] N. 98.2%............ 1.8%
lat..
Sablefish S. of 36[deg] N. 100.0%........... 0.0%
lat..
PACIFIC OCEAN PERCH........... remaining........ 17% or 30 mt,
whichever is
greater, to
shorebased + at-sea
whiting.
If under rebuilding,
52% to shorebased +
at-sea whiting.
WIDOW......................... remaining........ If stock rebuilt, 10%
or 500 mt, whichever
is greater, to
shorebased + at-sea
whiting.
Chilipepper S. of 40[deg]10' 100.0%........... 0.0%
N. lat..
Splitnose S. of 40[deg]10' N. 100.0%........... 0.0%
lat..
Yellowtail N. of 40[deg]10' N. remaining........ 300 mt
lat..
Shortspine N. of 34[deg]27' N. 99.9%............ 0.1%
lat..
Shortspine S. of 34[deg]27' N. 100.0%........... 0.0%
lat..
Longspine N. of 34[deg]27' N. 100.0%........... 0.0%
lat..
DARKBLOTCHED.................. remaining........ 9% or 25 mt,
whichever is
greater, to
shorebased + at-sea
whiting.
Minor Slope Rockfish N. of 98.6%............ 1.4%
40[deg]10' N. lat..
Dover Sole.................... 100.0%........... 0.0%
English Sole.................. 99.9%............ 0.1%
Petrale Sole.................. 100.0%........... 0.0%
Arrowtooth Flounder........... 100.0%........... 0.0%
Starry Flounder............... 100.0%........... 0.0%
Other Flatfish................ 99.9%............ 0.1%
------------------------------------------------------------------------
(B) Preliminary QS allocation for non-whiting trips. NMFS will
calculate the non-whiting preliminary QS allocation differently for
different species groups, Groups 1 through 3.
(1) Allocation formula species groups. For the purposes of
preliminary QS allocation, IFQ species will be grouped as follows:
(i) Group 1 includes lingcod, Pacific cod, Pacific whiting,
sablefish north of 36[deg] N. lat., sablefish south of 36[deg] N. lat.,
Dover sole, English sole, petrale sole, arrowtooth flounder, starry
flounder, other flatfish stock complex, chilipepper rockfish, splitnose
rockfish, yellowtail rockfish, shortspine thornyhead north of 34[deg]
27' N. lat., shortspine thornyhead south of 34[deg] 27' N. lat.,
longspine thornyhead north of 34[deg] 27' N. lat., minor rockfish north
slope species complex, minor rockfish south slope species complex,
minor rockfish north
[[Page 33070]]
shelf species complex, and minor rockfish south shelf species complex.
(ii) Group 2 includes bocaccio, cowcod, darkblotched rockfish,
Pacific ocean perch, widow rockfish, and yelloweye rockfish.
(iii) Group 3 includes canary rockfish.
(2) Group 1 species: The preliminary QS allocation process
indicated in paragraph (d)(8)(iii)(A) of this section for Group 1
species follows a two step process, one to allocate a pool of QS
equally among all eligible limited entry permits and the other to
allocate the remainder of the preliminary QS based on permit history.
Through these two processes, preliminary QS totaling 100% for each
Group 1 species will be allocated. In later steps this amount will be
adjusted and reduced as indicated in paragraph (d)(8)(iii)(C) and (D),
to determine the QS allocation.
(i) QS to be allocated equally. The pool of QS for equal allocation
will be determined using the landings history from Federal limited
entry groundfish permits that were retired through the Federal buyback
program (i.e., buyback permit) (70 FR 45695, August 8, 2005). The QS
pool associated with the buyback permits will be the buyback permit
history as a percent of the total fleet history for the allocation
period. The calculation will be based on total absolute pounds with no
dropped years and no other adjustments. The QS pool will be divided
equally among qualifying limited entry permits for all QS species/
species groups and areas in Group 1.
(ii) QS to be allocated based on each permit's history. The pool
for QS allocation based on limited entry trawl permit history will be
the QS remaining after subtracting out the QS allocated equally. This
pool will be allocated to each qualifying limited entry trawl permit
based on the permit's relative history from 1994 through 2003. For each
limited entry trawl permit, NMFS will calculate a set of relative
histories using the following methodology. First, NMFS will sum the
permit's landings by each year for each Group 1 species/species group
and area subdivision. Second, NMFS will divide each permit's annual sum
for a particular species/species group and area subdivision by the
shoreside limited entry trawl fleet's annual sum for the same species/
species group and area subdivision. NMFS will then calculate a total
relative history for each permit by species/species group and area
subdivision by adding all relative histories for the permit together
and subtracting the three years with the lowest relative history for
the permit. The result for each permit by species/species group and
areas subdivision will be divided by the aggregate sum of all total
relative histories of all qualifying limited entry trawl permits for
that species/species group and area subdivision. NMFS will then
multiply the result from this calculation by the amount of QS in the
pool to be allocated based on each permit's history.
(3) Group 2 species: The preliminary QS allocation step indicated
in paragraph (d)(8)(iii)(A) of this section will be calculated for each
limited entry trawl permit using a formula based on QS allocations for
each limited entry trawl permit for 11 target species, areas of
distribution of fishing effort as determined from 2003-2006 target
species catch data from the PacFIN Coastwide Trawl Logbook Database,
average bycatch ratios for each area as derived from West Coast
Groundfish Observer Program (WCGOP) data from 2003 through 2006, and
the non-whiting initial issuance allocation of the limited entry trawl
allocation amounts for 2011 for each of the 11 target species. These
data are used in a series of sequential steps to estimate the
allocation of Group 2 species to each limited entry trawl permit. Steps
(iii) to (vi) estimate the permit's total 2003-2006 target species by
area. Steps (vii) to (xii) project Group 2 species bycatch amounts
using 2003-2006 WCGOP observer ratios and the initial issuance
allocation applied to the 2011 limited entry trawl allocation. Steps
(xiv) to (xvii) convert these amounts into QS. As with Group 1 species,
preliminary QS totaling 100% for each Group 2 species unit will be
allocated and the amount of the allocations will be adjusted and
reduced as indicated in paragraph (d)(8)(iii)(C) and (D) of this
section to determine the QS allocation.
(i) The 11 target species are arrowtooth flounder, starry flounder,
other flatfish, Dover sole, English sole, petrale sole, minor slope
rockfish, shortspine thornyheads, longspine thornyheads, sablefish, and
Pacific cod.
(ii) The 8 areas of distribution of fishing effort are defined
latitudinally and by depth. The latitudinal areas are (a) north of
47[deg]40 N. lat.; (b) between 47[deg]40 N. lat. and 43[deg]55' N.
lat.; (c) 43[deg]55' N. lat. and 40[deg]10' N. lat.; and (d) south of
40[deg]10' N. lat. Each latitudinal area is further divided by depth
into areas shoreward and seaward of the trawl Rockfish Conservation
Area as defined at Sec. 660.130(e)(4) of this subpart.
(iii) For each limited entry trawl permit, NMFS will review the
Permit Logbook data for that permit and sum target species catch
recorded for the years 2003-2006, resulting in total target species
catch in each area for each permit for the years 2003 through 2006 for
all 11 target species in aggregate.
(iv) For each limited entry trawl permit, NMFS will also sum target
species catch by area into total coastwide target species catch for
each permit for the years 2003 through 2006 for all 11 target species
in aggregate.
(v) For each limited entry trawl permit, NMFS will divide logbook
aggregate target species catch in each area (step (iii)) by the
permit's total coastwide target species catch (step (iv)) to create a
set of 8 area catch ratios for each permit. (Note: The sum of all area
catch ratios equals 1 for each permit).
(vi) For limited entry trawl permits where the vessel registered to
the permit did not submit logbooks showing any catch of the 11 target
species for any of the years 2003 through 2006, NMFS will use the
following formula to calculate area target catch ratios: (a) NMFS will
sum by area all limited entry trawl permits' total logbook area target
catches from step (iii), (b) NMFS will sum coastwide all limited entry
trawl permits' total logbook target catches across all areas from step
(iv), and (c) NMFS will divide these sums (i.e., a/b) to create average
permit logbook area target catch ratios.
(vii) NMFS will calculate the 2011 non-whiting short term
allocation amount for each of the 11 target species by multiplying the
limited entry trawl allocation amounts for 2011 for each by the
corresponding short term allocation for the non-whiting sector given in
paragraph (d)(8)(iii)(A)(10) of this section or determined through the
biennial specifications process, as applicable.
(viii) For each limited entry trawl permit, NMFS will obtain the
percentage of the limited entry trawl permit initial QS allocation for
each of the 11 target species resulting from paragraph (d)(8)(iv)(B)(2)
of this section.
(ix) NMFS will calculate each limited entry trawl permit's
projected non-whiting sector quota pounds for 2011 by multiplying the
2011 non-whiting sector short term allocation amounts for each of the
11 target species from step (vii) by each permit's target species QS
allocation percentage from step (viii).
(x) For each limited entry trawl permit, NMFS will sum the
projected quota pounds for the 11 target species from step (ix) to get
a total projected weight of all 11 target species for the limited entry
trawl permit.
(xi) For each limited entry trawl permit, NMFS will estimate the
permit's total incidental catch of Group 2 species by area by
multiplying the projected 2011 total weight of all 11 target species by
the applicable area catch ratio for
[[Page 33071]]
each area as calculated in either step (v) (permits with logbook data)
or step (vi) (permits without logbook data).
(xii) NMFS will apply WCGOP average bycatch ratios for each Group 2
species (observed Group 2 species catch/total target species catch) by
area. The WCGOP average bycatch ratios are as follows:
Bocaccio
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... ................ ................
43[deg]55[min] N. lat. to ................ ................
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to ................ ................
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.01114773 0.00120015
------------------------------------------------------------------------
Cowcod
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... ................ ................
43[deg]55[min] N. lat. to ................ ................
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to ................ ................
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.00088891 0.00001074
------------------------------------------------------------------------
Darkblotched
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... 0.00122003 0.00860467
43[deg]55[min] N. lat. to 0.00185020 0.01836550
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to 0.00253201 0.01476165
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.00000255 0.00480063
------------------------------------------------------------------------
Pacific Ocean Perch
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... 0.00088011 0.01766360
43[deg]55[min] N. lat. to 0.00015827 0.01529318
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to 0.00014424 0.00114965
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... ................ 0.00021813
------------------------------------------------------------------------
Widow
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... 0.00001142 0.00005472
43[deg]55[min] N. lat. to 0.00033788 0.00049695
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to 0.00015165 0.00000766
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.00003513 0.00009855
------------------------------------------------------------------------
Yelloweye
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... 0.00017625 0.00000160
43[deg]55[min] N. lat. to 0.00004802 0.00000893
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to 0.00005309 0.00000556
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.00007739 ................
------------------------------------------------------------------------
(xiii) For each limited entry trawl permit, NMFS will calculate
projected Group 2 species amounts by area by multiplying the limited
entry trawl permit's projected 2011 total weight of all target species
by area from step (xi) by the applicable average bycatch ratio for each
Group 2 species and corresponding area of step (xii).
(xiv) For each limited entry trawl permit, NMFS will sum all area
amounts for each Group 2 species from step (xiii) to calculate the
total projected amounts of each Group 2 species for each limited entry
trawl permit.
(xv) NMFS will sum all limited entry trawl permits' projected Group
2 species amounts from step (xiv) to calculate coastwide total
projected amounts for each Group 2 species.
(xvi) NMFS will estimate preliminary QS for each limited entry
trawl permit for each Group 2 species by dividing each limited entry
trawl permit's total projected amount of each Group 2 species from step
(xiv) by the coastwide total projected amount for that species from
step (xv).
[[Page 33072]]
(4) Group 3 Species: (i) The preliminary QS allocation step
indicated in paragraph (d)(8)(iii)(A) of this section will be performed
in two calculations that result in the division of preliminary QS
allocation into two pools, one to allocate QS equally among all
eligible limited entry permits, using the approach identified for Group
1 species in paragraph (d)(8)(iv)(B)(2)(i) of this section, and the
other to allocate QS using a formula based on QS allocations for target
species and areas fished, using the approach identified for Group 2
species in paragraph (d)(8)(iv)(B)(3) of this section, using the
following WCGOP average bycatch rates:
Canary
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]40[min] N. lat......... 0.00613838 0.00001714
43[deg]55[min] N. lat. to 0.00186217 0.00006486
47[deg]40[min] N. lat..............
40[deg]10[min] N. lat. to 0.00485013 0.00001435
43[deg]55[min] N. lat..............
S. of 40[deg]10[min] N. lat......... 0.00050248 0.00000245
------------------------------------------------------------------------
(ii) Through these two processes, preliminary QS totaling 100% for
each species will be allocated. In later steps, this amount will be
adjusted and reduced as indicated in paragraphs (d)(8)(iii)(C) and (D)
of this section to determine the QS allocation. In combining the two QS
pools for each permit, the equal allocation portion is weighted
according to the process in paragraph (d)(8)(iv)(B)(2)(i) of this
section, and the portion calculated based on allocations for target
species and areas fished is weighted according to the process in
(d)(8)(iv)(B)(2)(ii) of this section.
(C) Preliminary QS allocation for whiting trips. The preliminary QS
allocation based on whiting trips as indicated in paragraph
(d)(8)(iii)(B) of this section for limited entry trawl permits follows
a two-step process, one to allocate a pool of QS equally among all
eligible limited entry permits and the other to allocate the remainder
of the preliminary QS based on permit history. Through these two
processes, preliminary QS totaling 100% for each species will be
allocated. In later steps, this amount will be adjusted and reduced, as
indicated in paragraphs (d)(8)(iii)(C) and (D) of this section, to
determine the QS allocation.
(1) QS to be allocated equally. The pool of QS for equal allocation
will be determined using the whiting trip landings history from Federal
limited entry groundfish permits that were retired through the Federal
buyback program (i.e., buyback permit) (70 FR 45695, August 8, 2005).
For each species, the whiting trip QS pool associated with the buyback
permits will be the buyback permit history as a percent of the total
fleet history for the allocation period. The calculation will be based
on total absolute pounds with no dropped years and no other
adjustments. The whiting trip QS pool associated with the buyback
permits will be divided equally among all qualifying limited entry
permits for each species.
(2) QS to be allocated based on each permit's history. The pool for
QS allocation based on each limited entry trawl permit's history will
be the QS remaining after subtracting out the QS associated with the
buyback permits allocated equally.
(i) Whiting QS allocated based on each permit's history. Whiting QS
based on each limited entry trawl permit's history will be allocated
based on the permit's relative history from 1994 through 2003. For each
limited entry trawl permit, NMFS will calculate a whiting relative
history for each qualifying year, as follows. First, NMFS will sum the
permit's history of landings of whiting from whiting trips for each
year. Second, NMFS will divide each permit's annual sum of whiting from
whiting trips by the shoreside limited entry trawl fleet's annual sum
of whiting. NMFS will then calculate a total relative history for each
permit by adding all relative histories for the permit together and
subtracting the two years with the lowest relative history. NMFS will
then divide the result for each permit by the total relative history
for whiting of all qualifying limited entry trawl permits. The result
from this calculation will then be multiplied by the amount of whiting
QS in the pool to be allocated based on each permit's history.
(ii) Other incidentally caught species QS allocation for eligible
limited entry trawl permit owners. Other incidentally caught species
from the QS remaining after subtracting out the QS associated with the
buyback permits will be allocated pro-rata based on each limited entry
trawl permit's whiting QS from whiting trips. Pro-rata means a percent
that is equal to the percent of whiting QS.
(D) QS from limited entry permits calculated separately for non-
whiting trips and whiting trips. NMFS will calculate the portion of QS
for each species which a permit receives based on non-whiting trips and
whiting trips separately and will weight each preliminary QS in
proportion to the short term allocation between and whiting trips and
non-whiting trips for that species in paragraph (d)(8)(iv)(A)(10) of
this section or determined through the biennial specifications process,
as applicable.
(1) non-whiting trips. To determine the amount of QS of each
species for non-whiting trips for each limited entry trawl permit, NMFS
will multiply the preliminary QS for the permit from paragraph
(d)(8)(iii)(A) of this section for each species by the short term
allocation for that species for non-whiting trips.
(2) Whiting trips. To determine the amount of QS of each species
for whiting trips for each limited entry trawl permit, NMFS will
multiply the preliminary QS from paragraph (d)(8)(iii)(B) of this
section for each species by the short term allocation for that species
for whiting trips.
(E) QS for each limited entry trawl permit. For each limited entry
trawl permit, NMFS will add the results for the permit from paragraphs
(d)(8)(iv)(D)(1) and (D)(2) of this section in order to determine the
total QS for each species on that permit.
(F) Adjustment for AMP set-aside and shoreside processor initial
issuance allocations. NMFS will reduce the non-whiting QS allocation to
each limited entry trawl permit by 10 percent, for a QS set-aside to
AMP. NMFS will reduce the whiting QS allocation to each limited entry
trawl permit by 20 percent for the initial QS allocation to shoreside
processors.
(G) Allocation of initial issuance of whiting QS for shoreside
processors. NMFS will calculate the amount of whiting QS available to
shoreside processors from the 20 percent adjustment of whiting QS
allocations in paragraph (d)(8)(iv)(F) of this section. For each
eligible shoreside processor,
[[Page 33073]]
whiting QS will be allocated based on the eligible shoreside
processor's relative history from 1998 through 2004. Only the
deliveries for which the shoreside processor is the first processor of
the fish will be used in the calculation of whiting relative history.
(1) For each shoreside processor which has received deliveries of
at least 1 mt of whiting from whiting trips in each of any two years
from 1998 through 2004, NMFS will calculate a whiting relative history
for each qualifying year, as follows. First, NMFS will sum the
shoreside processor's receipts of whiting for each year. Second, NMFS
will calculate the relative history for each year by dividing each
shoreside processor's annual sum of whiting receipts by the aggregate
annual sum of whiting received by all shoreside processors in that
year. NMFS will then calculate a total relative history for each
shoreside processor by adding all relative histories for the shoreside
processor together and subtracting the two years with the lowest
relative history. NMFS will then divide the result for each shoreside
processor by the aggregate sum of all total relative histories for
whiting by all qualifying shoreside processors. The result from this
calculation will then be multiplied by 20% to determine the shoreside
processor's whiting QS.
(2) For purposes of making an initial issuance of whiting QS to a
shoreside processor, NMFS will attribute landing history to the Pacific
whiting shoreside first receiver reported on the landing receipt (the
entity responsible for filling out the state landing receipt) as
recorded in the dataset that was extracted from PacFIN by NMFS on July
1, 2010. History may be reassigned to a shoreside processor not on the
state landings receipt as described at paragraph (d)(8)(vi)(B) of this
section.
(H) Allocation of Pacific halibut IBQ for each limited entry trawl
permit. For each eligible limited entry trawl permit owner, NMFS will
calculate Pacific halibut individual bycatch quota (IBQ) for the area
north of 40[deg]10[min] N. lat. using a formula based on (a) QS
allocations for each limited entry trawl permit for two target species,
(b) areas of distribution of fishing effort as determined from 2003-
2006 target species catch data from the PacFIN Coastwide Trawl Logbook
Database, (c) average bycatch ratios for each area as derived from
WCGOP data from 2003 through 2006, and (d) the non-whiting initial
issuance allocation of the limited entry trawl allocation amounts for
2011 for arrowtooth and petrale sole. These data are used in a series
of sequential steps to determine the allocation of IBQ to each limited
entry trawl permit. Steps (3) to (6) estimate the permit's total 2003-
2006 target species by area. Steps (7) to (13) project Pacific halibut
bycatch amounts using 2003-2006 WCGOP observer ratios and the 2011 non-
whiting initial issuance allocation of the limited entry trawl
allocation amounts. Steps (14) to (16) convert these amounts into QS.
(1) The target species are arrowtooth flounder and petrale sole.
(2) The four bycatch areas are defined latitudinally and by depth.
The latitudinal areas are (a) north of 47[deg]30[min] N. lat., and (b)
between 40[deg]10[min] N. lat. and 47[deg]30[min] N. lat. Each
latitudinal area is further divided by depth into areas shoreward and
seaward of the trawl Rockfish Conservation Area as defined at Sec.
660.130(e)(4), subpart D.
(3) For each limited entry trawl permit, NMFS will review the
Permit Logbook data for that permit and sum target species catch
recorded for the years 2003-2006, resulting in total target species
catch in each of the four areas for each permit for the years 2003
through 2006 for both target species in aggregate. For practicability,
seaward or shoreward of the RCA as identified in the logbook data is
defined as being deeper than or shallower than 115 fathoms,
respectively.
(4) For each limited entry trawl permit, NMFS will also sum the
target species catch by area into total aggregate target species catch
for each permit for the years 2003 through 2006.
(5) For each limited entry trawl permit, NMFS will divide logbook
aggregate target species catch in each area (step (3)) the by the sum
of the permit's catch of each target species in all four bycatch areas
(step (4)) to create a set of area catch ratios for each permit. (Note:
The sum of all four area catch ratios in aggregate equals 1 for each
permit).
(6) For limited entry trawl permits where the vessel registered to
the permit did not submit logbooks showing any catch of either of the
two target species for any of the years 2003 through 2006, NMFS will
use the following formula to calculate area target catch ratios: NMFS
will sum by area all limited entry trawl permits' total logbook area
target catches from step (3), and sum all limited entry trawl permits'
total logbook target catches across all four areas from step (4); and
divide these sums to create average permit logbook area target catch
ratios.
(7) NMFS will calculate the 2011 non-whiting short term allocation
amount for each of the two target species by multiplying the limited
entry trawl allocation amounts for 2011 for each by the corresponding
short term allocation for the non-whiting sector given in paragraph
(d)(8)(iv)(A)(10) of this section.
(8) For each limited entry trawl permit, NMFS will obtain the non-
whiting portion of each limited entry trawl permit's initial QS
allocations for each of the two target species resulting from paragraph
(d)(8)(iv)(B)(2) of this section.
(9) NMFS will calculate each limited entry trawl permit's projected
non-whiting sector quota pounds for the two target species for 2011 by
multiplying the 2011 non-whiting sector short term allocation amounts
for each of the target species by the permit's QS allocation percentage
for the species from step (8).
(10) For each limited entry trawl permit, NMFS will sum the
projected quota pounds for the two target species from step (9) to get
a total projected weight of the two target species for the limited
entry trawl permit.
(11) For each limited entry trawl permit, NMFS will multiply the
projected 2011 total weight of the two target species by the applicable
area catch ratio for each area as calculated in either step (5)
(permits with logbook data) or step (6) (permits without logbook data).
(12) NMFS will apply WCGOP average halibut bycatch ratios (observed
halibut catch/total of two target species catch) by area. The WCGOP
average halibut bycatch ratios are as follows:
Pacific Halibut
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
N. of 47[deg]30[min] N. lat......... 0.117 0.061
40[deg]10[min] N. lat. to 0.07 0.03
47[deg]30[min] N. lat..............
------------------------------------------------------------------------
[[Page 33074]]
(13) For each limited entry trawl permit, NMFS will calculate
projected Pacific halibut amounts by area by multiplying the limited
entry trawl permit's projected 2011 total weight of the two target
species by area from step (11) by the average bycatch ratio for the
corresponding area of step (12).
(14) For each limited entry trawl permit, NMFS will sum all area
amounts from step (13) to calculate the total projected Pacific halibut
amount for each limited entry trawl permit.
(15) NMFS will sum all limited entry trawl permits' projected
Pacific halibut amounts from step (14) to calculate aggregate total
amounts of Pacific halibut.
(16) NMFS will estimate preliminary Pacific halibut IBQ for each
limited entry trawl permit by dividing each limited entry trawl
permit's total projected Pacific halibut amount from step (14) by the
aggregate total amounts of Pacific halibut from step (15).
(v) QS application. Persons may apply for an initial issuance of QS
and a QS permit in one of two ways: Complete and submit a prequalified
application received from NMFS, or complete and submit an application
package.
(A) Prequalified application. A ``prequalified application'' is a
partially pre-filled application where NMFS has preliminarily
determined the landings history that may qualify the applicant for an
initial issuance of QS. The application package will include a
prequalified application (with landings history), a Trawl
Identification of Ownership Interest form, and any other documents NMFS
believes are necessary to aid the limited entry permit owner in
completing the QS application.
(1) For current trawl limited entry permit owners, NMFS will mail a
prequalified application to all owners, as listed in the NMFS permit
database at the time applications are mailed, that NMFS determines may
qualify for QS. NMFS will mail the application by certified mail to the
current address of record in the NMFS permit database. The application
will contain the basis of NMFS' calculation of the permit owner's QS
for each species/species group or area.
(2) For shoreside processors, NMFS will mail a prequalified
application to those Pacific whiting shoreside first receivers with
receipts of 1 mt or more of whiting from whiting trips in each of any
two years from 1998 through 2004, as documented on fish tickets in the
dataset extracted from PacFIN by NMFS on July 1, 2010. NMFS will mail
the prequalified application by certified mail to the current address
of record given by the state in which the entity is registered. For all
qualified entities who meet the eligibility requirement at paragraph
(d)(8)(ii)(B) of this section, the application will provide the basis
of NMFS' calculation of the initial issuance of Pacific whiting QS.
(B) Request for an application. An owner of a current limited entry
trawl permit or a Pacific whiting first receiver or shoreside processor
that believes it is qualified for an initial issuance of QS and does
not receive a prequalified application, must complete an application
package and submit the completed application to NMFS by the application
deadline. The completed application must either be post-marked or hand-
delivered within normal business hours no later than [date 60 calendar
days after publication of the final rule in the Federal Register].
Application packages are available on NMFS' Web site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by
contacting SFD. An application must include valid PacFIN data or other
credible information that substantiates the applicant's qualification
for an initial issuance of QS. If an applicant fails to submit a
completed application by the deadline date, they forgo the opportunity
to receive consideration for an initial issuance of QS.
(vi) Corrections to the application. If an applicant does not
accept NMFS' calculation in the prequalified application either in part
or whole, the applicant must identify in writing to NMFS which parts
the applicant believes to be inaccurate, and must provide specific
credible information to substantiate any requested corrections. The
completed application and specific credible information must be
provided to NMFS in writing by the application deadline. Written
communication must either be post-marked or hand-delivered within
normal business hours no later than [date 60 calendar days after
publication of the final rule in the Federal Register]. Requests for
corrections may only be granted for the following reasons:
(A) Errors in NMFS' extraction, aggregation, or expansion of data,
including:
(1) Errors in NMFS' extraction of landings data from PacFIN;
(2) Errors in NMFS' extraction of state logbook data from PacFIN;
(3) Errors in NMFS' application of the QS allocation formula;
(4) Errors in identification of the permit owner, permit
combinations, or vessel registration as listed in NMFS permit database;
(5) Errors in identification of or ownership information for the
first receiver or the processor that first processed the fish.
(B) Reassignment of Pacific whiting landings history for shoreside
processors. For shoreside processors, the landing history may be
reassigned from the Pacific whiting shoreside first receiver identified
in the PacFIN database to a shoreside processor that was in fact the
first processor of the fish. In order for an applicant to request that
landing history be reassigned, an authorized representative for the
Pacific whiting shoreside first receiver identified on the state
landing receipt must submit, by the application deadline date specified
in paragraph (d)(8)(vii)(B) of this section for initial issuance of QS,
a written request that the whiting landings history from the qualifying
years be conveyed to a shoreside processor. The letter must be signed
and dated by the authorized representative of the Pacific whiting
shoreside first receiver named on the state landing receipt and signed
and dated by the authorized representative of the shoreside processor
to which the Pacific whiting landing history is requested to be
reassigned. The letter must identify the dates of the landings history
and the associated amounts that are requested to be reassigned, and
include the legal name of the shoreside processor to which the Pacific
whiting landing history is requested to be reassigned, their date of
birth or tax identification number, business address, business phone
number, fax number, and e-mail address. If any document exists that
demonstrates that the shoreside processor to which the Pacific whiting
landing history is requested to be reassigned was in fact the first
processor of the fish, such documentation must be provided to NMFS.
NMFS will review the information submitted and will make a
determination as part of the IAD.
(vii) Submission of the application and application deadline. (A)
Submission of the application. Submission of the complete, certified
application includes, but is not limited to, the following:
(1) The applicant is required to sign and date the application and
have the document notarized by a licensed Notary Public.
(2) The applicant must certify that they qualify to own QS.
(3) The applicant must indicate they accept NMFS' calculation of
initial issuance of QS provided in the prequalified application, or
provide credible information that demonstrates their qualification for
QS.
(4) The applicant is required to provide a complete Trawl
Identification
[[Page 33075]]
of Ownership Interest Form as specified at paragraph (d)(4)(iv) of this
section.
(5) Business entities may be required to submit a corporate
resolution or other credible documentation as proof that the
representative of the entity is authorized to act on behalf of the
entity; and
(6) NMFS may request additional information of the applicant as
necessary to make an IAD on initial QS issuance.
(B) Application deadline. A complete, certified application must be
mailed or hand-delivered to NMFS, Northwest Region, Permits Office,
Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 98115, and postmarked no
later than [date 60 calendar days after publication of the final rule
in the Federal Register]. NMFS will not accept or review any
applications received or postmarked after the application deadline.
There are no hardship exemptions for this deadline.
(viii) Permit transfer during application period. NMFS will not
review or approve any request for a change in limited entry trawl
permit owner at any time after [DATE FINAL RULE PUBLISHED IN Federal
Register] until a final decision is made by the Regional Administrator
on behalf of the Secretary of Commerce regarding the QS to be issued
for that permit.
(ix) Initial Administrative Determination (IAD). NMFS will issue an
IAD for all complete, certified applications received by the
application deadline date. If NMFS approves an application for initial
issuance of QS, the applicant will receive a QS Permit specifying the
amounts of QS for which the applicant has qualified and the applicant
will be registered to a QS Account. If NMFS disapproves or partially
disapproves an application, the IAD will provide the reasons NMFS did
not approve the application. As part of the IAD, NMFS will indicate
whether the QS Permit owner qualifies for QS in amounts that exceed the
accumulation limits and are subject to divestiture provisions given at
paragraph (d)(4)(v) of this section, or whether the QS permit owner
qualifies for QS that exceed the accumulation limits and does not
qualify to receive the excess under paragraph (d)(4)(v) of this
section. If the applicant does not appeal the IAD within 30 calendar
days of the date on the IAD, the IAD becomes the final decision of the
Regional Administrator acting on behalf of the Secretary of Commerce.
(x) Appeals. For QS permits and QS issued under this section, the
appeals process and timelines are specified at Sec. 660.25(g), subpart
C. For the initial issuance of QS and the QS permits, the bases for
appeal are described in paragraph (d)(8)(vi) of this section. An
additional basis for appeal for whiting QS based on shoreside
processing is an allegation that the shoreside processor or Pacific
whiting shoreside first receiver to which a QS Permit and QS have been
assigned was not in fact the first processor of the fish included in
the qualifying landings history. The appellant must submit credible
information supporting the allegation that they were in fact the first
shoreside processor for the fish in question. Items not subject to
appeal include, but are not limited to, the accuracy of permit landings
data or Pacific whiting shoreside first receiver landings data in the
dataset extracted from PacFIN by NMFS on July 1, 2010.
(e) Vessel accounts. [Reserved]
(f) First Receiver Site License. [Reserved]
(g) Retention requirements (whiting and non-whiting vessels).
[Reserved]
(h) Observer Requirements. [Reserved]
(i) [Reserved]
(j) Shoreside Catch Monitor requirements for IFQ first receivers.
[Reserved]
(k) Catch weighing requirements. [Reserved]
(l) Gear Switching. [Reserved]
(m) Adaptive Management Program. [Reserved]
Sec. 660.150 Mothership (MS) Coop program.
(a) General. The MS Coop Program requirements in this section will
be effective beginning January 1, 2011, except for paragraphs (f)(3),
(f)(5), (f)(6), (g)(3), (g)(5), and (g)(6) which are effectively
immediately. The MS Coop Program is a limited access program that
applies to eligible harvesters and processors in the mothership sector
of the Pacific whiting at-sea trawl fishery. Eligible harvesters and
processors, including coop and non-coop fishery participants, must meet
the requirements set forth in this section of the Pacific Coast
groundfish regulations. In addition to the requirements of this
section, the MS coop program is subject to the following groundfish
regulations of subparts C and D:
(1) Pacific whiting seasons Sec. 660.131(b), subpart D.
(2) Area restrictions specified for midwater trawl gear used to
harvest Pacific whiting fishery specified at Sec. 660.131(c), Subpart
D for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
(3) Regulations set out in the following sections of subpart C:
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec.
660.15 Equipment requirements, Sec. 660.16 Groundfish Observer
Program, Sec. 660.20 Vessel and gear identification, Sec. 660.25
Permits, Sec. 660.26 Pacific whiting vessel licenses, Sec. 660.55
Allocations, Sec. 660.60 Specifications and management measures, Sec.
660.65 Groundfish harvest specifications, and Sec. Sec. 660.70 through
660.79 Closed areas.
(4) Regulations set out in the following sections of subpart D:
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting,
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl
fishery crossover provisions, Sec. 660.130 Trawl fishery management
measures, and Sec. 660.131 Pacific whiting fishery management
measures.
(5) The MS Coop Program may be restricted or closed as a result of
projected overages within the MS Coop Program, the C/P Coop Program, or
the Shorebased IFQ Program. As determined necessary by the Regional
Administrator, area restrictions, season closures, or other measures
will be used to prevent the trawl sectors in aggregate or the
individual trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from
exceeding an OY, or formal allocation specified in the PCGFMP or
regulation at Sec. 660.55, subpart C, or Sec. Sec. 660.140, 660.150,
or 660.160, subpart D.
(b) Participation requirements. [Reserved]
(1) Mothership vessels. [Reserved]
(2) Mothership catcher vessels. [Reserved]
(3) MS Coop formation and failure. [Reserved]
(c) Inter-coop agreement. [Reserved]
(d) MS coop program species and allocations--(1) MS coop program
species. MS Coop Program Species are as follows:
(i) Species with formal allocations to the MS Program are Pacific
whiting, canary rockfish, darkblotched rockfish, Pacific Ocean perch,
and widow rockfish;
(ii) Species with set-asides for the MS and C/P Programs combined,
as described in Tables 1d and 2d, subpart C.
(2) Annual mothership sector sub-allocations. [Reserved]
(i) Mothership catcher vessel catch history assignments. [Reserved]
(ii) Annual coop allocations. [Reserved]
(iii) Annual non-coop allocation. [Reserved]
(3) Reaching an allocation or sub-allocation. [Reserved]
(4) Non-whiting groundfish species reapportionment. [Reserved]
[[Page 33076]]
(5) Announcements. [Reserved]
(6) Redistribution of annual allocation. [Reserved]
(7) Processor obligation. [Reserved]
(8) Allocation accumulation limits. [Reserved]
(e) MS coop permit and agreement. [Reserved]
(f) Mothership (MS) permit.
(1) General. Any vessel that processes or receives deliveries as a
mothership processor in the Pacific whiting fishery mothership sector
must be registered to an MS permit. A vessel registered to an MS permit
may receive fish from a vessel that fishes in an MS coop and/or may
receive fish from a vessel that fishes in the non-coop fishery at the
same time or during the same year.
(i) Eligibility to own or hold an MS permit. To acquire an MS
permit a person must be eligible to own and control a U.S. fishing
vessel with a fishery endorsement pursuant to 46 U.S.C. 12113 (general
fishery endorsement requirements and 75 percent citizenship requirement
for entities) and must be: A United States citizen; a permanent
resident alien; or a corporation, partnership or other entity
established under the laws of the United States or any State.
(ii) Vessel size endorsement. An MS permit does not have a vessel
size endorsement. The endorsement provisions at Sec.
660.25(b)(3)(iii), subpart C, do not apply to a MS permit.
(iii) Restriction on C/P vessels operating as motherships.
Restrictions on a vessel registered to a limited entry permit with a C/
P endorsement operating as a mothership are specified at Sec. 660.160,
subpart D.
(2) Renewal, change of permit ownership, or vessel registration.
[Reserved]
(3) Accumulation limits.
(i) MS permit usage limit. [Reserved]
(ii) Ownership--individual and collective rule. The ownership that
counts toward a person's accumulation limit will include:
(A) Any MS permit owned by that person, and
(B) A portion of any MS permit owned by an entity in which that
person has an interest, where the person's share of interest in that
entity will determine the portion of that entity's ownership that
counts toward the person's limit.
(iii) [Reserved].
(iv) Trawl identification of ownership interest form. Any person
that is applying for an MS permit shall document those individuals that
have greater than or equal to 2 percent ownership interest in the
permit. This ownership interest must be documented with the SFD via the
Trawl Identification of Ownership Interest Form sent to the permit
owner with their application. SFD will not issue an MS Permit unless
the Trawl Identification of Ownership Interest Form has been completed.
(4) Appeals. [Reserved].
(5) Fees. The Regional Administrator is authorized to charge fees
for administrative costs associated with the issuance of an MS permit
consistent with the provisions given at Sec. 660.25(f), Subpart C.
(6) Application requirements and initial issuance for MS permit--
(i) Eligibility criteria for MS permit. Only the current owner of a
vessel that processed Pacific whiting in the mothership sector in the
qualifying years is eligible to receive initial issuance of an MS
permit, except that in the case of bareboat charterers, the charterer
of the bareboat may receive an MS permit instead of the vessel owner.
As used in this section, ``bareboat charterer'' means a vessel
charterer operating under a bareboat charter, defined as a complete
transfer of possession, command, and navigation of a vessel from the
vessel owner to the charterer for the limited time of the charter
agreement.
(ii) Qualifying criteria for MS permit. To qualify for initial
issuance of an MS permit, a person must own, or operate under a
bareboat charter, a vessel on which at least 1,000 mt of Pacific
whiting was processed in the mothership sector in each year for at
least two years between 1997 and 2003 inclusive.
(iii) MS permit application. Persons may apply for initial issuance
of an MS permit in one of two ways: Complete and submit a prequalified
application received from NMFS, or complete and submit an application
package.
(A) Prequalified application. A ``prequalified application'' is a
partially pre-filled application where NMFS has preliminarily
determined the processing history that may qualify the applicant for an
initial issuance of an MS permit. NMFS will mail prequalified
application packages to the owners of the vessel or charterer of the
bareboat which NMFS determines may qualify for an MS permit. NMFS will
mail the application by certified mail to the current address of record
in the NMFS permit database. The application will contain the basis of
NMFS' calculation. The application package will include, but is not
limited to: A prequalified application (with processing history), a
Trawl Identification of Ownership Interest form, and any other
documents NMFS believes are necessary to aid the owners of the vessel
or charterer of the bareboat to complete the MS permit application.
(B) Request for an application. Any current owner or bareboat
charterer of a vessel that the owner or bareboat charterer believes
qualifies for initial issuance of an MS permit that does not receive a
prequalified application must complete an application package and
submit the completed application to NMFS by the application deadline.
The completed application must be either post-marked or hand-delivered
within normal business hours no later than [date 60 days after
publication of the final rule in the Federal Register]. Application
packages are available on NMFS' Web site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by contacting SFD.
An application must include valid NORPAC data or other credible
information that substantiates the applicant's qualification for
initial issuance of an MS permit. If an applicant fails to submit a
completed application by the deadline date, they forgo the opportunity
to receive consideration for initial issuance of an MS permit.
(iv) Corrections to the application. If the applicant does not
accept NMFS' calculation in the prequalified application either in part
or whole, in order for NMFS to reconsider NMFS' calculation, the
applicant must identify in writing to NMFS which parts of the
prequalified application that the applicant contends to be inaccurate,
and must provide specific credible information to substantiate any
requested corrections. The completed application and specific credible
information must be provided to NMFS in writing by the application
deadline. Written communication must be either post-marked or hand-
delivered within normal business hours no later than [date 60 days
after publication of the final rule in the Federal Register]. Requests
for corrections may only be granted for errors in NMFS' extraction,
aggregation, or expansion of data, including:
(A) Errors in NMFS' extraction of data from NORPAC;
(B) Errors in NMFS' calculations; and
(C) Errors in the vessel registration as listed in the NMFS permit
database, or in the identification of the mothership owner or bareboat
charterer.
(v) Submission of the application and application deadline--(A)
Submission of the Application. Submission of the complete, certified
application includes, but is not limited to, the following:
(1) The applicant is required to sign and date the application and
have the
[[Page 33077]]
document notarized by a licensed Notary Public.
(2) The applicant must certify that they qualify to own an MS
permit.
(3) The applicant must indicate they accept NMFS' calculation in
the prequalified application, or provide credible information that
demonstrates their qualification for an MS permit.
(4) The applicant is required to provide a complete Trawl
Identification of Ownership Interest Form as specified at paragraph
(f)(3)(iv) of this section.
(5) Business entities may be required to submit a corporate
resolution or other credible documentation as proof that the
representative of the entity is authorized to act on behalf of the
entity;
(6) A bareboat charterer must provide credible evidence that
demonstrates it was chartering the mothership vessel under a private
contract during the qualifying years; and
(7) NMFS may request additional information of the applicant as
necessary to make an IAD on initial issuance of an MS permit.
(B) Application deadline. A complete, certified application must be
mailed or hand-delivered to NMFS, Northwest Region, Permits Office,
Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 98115, and postmarked no
later than [date 60 days after publication of the final rule in the
Federal Register]. NMFS will not accept or review any applications
received or postmarked after the application deadline. There are no
hardship provisions for this deadline.
(vi) Initial Administrative Determination (IAD). NMFS will issue an
IAD for all complete, certified applications received by the
application deadline date. If NMFS approves an application for initial
issuance of an MS permit, the applicant will receive an MS Permit. If
NMFS disapproves an application, the IAD will provide the reasons NMFS
did not approve the application. If the applicant does not appeal the
IAD within 30 calendar days of the date on the IAD, the IAD becomes the
final decision of the Regional Administrator acting on behalf of the
Secretary of Commerce.
(vii) Appeals. For MS permits issued under this section, the
appeals process and timelines are specified at Sec. 660.25(g), subpart
C. For the initial issuance of an MS permit, the bases for appeal are
described in paragraph (f)(6)(iv) of this section. Items not subject to
appeal include, but are not limited to, the accuracy of data in the
dataset extracted from NORPAC by NMFS on July 1, 2010.
(g) Mothership catcher vessel (MS/CV) endorsed permit--(1) General.
Any vessel that delivers whiting to a mothership processor in the
Pacific whiting fishery mothership sector must be registered to an MS/
CV-endorsed permit, except that a vessel registered to limited entry
trawl permit without an MS/CV or C/P endorsement may fish for a coop
with permission from a coop. Within the MS Coop Program, an MS/CV
endorsed permit may participate in an MS coop or in the non-coop
fishery.
(i) Catch history assignment. NMFS will assign a catch history
assignment to each MS/CV endorsed permit. The catch history assignment
is based on the catch history in the Pacific whiting mothership sector
during the qualifying years of 1994 through 2003. The catch history
assignment is expressed as a percentage of Pacific whiting of the total
mothership sector allocation as described at paragraph (d)(2)(i) of
this section. Catch history assignments will be issued to the nearest
whole pound using standard rounding rules (i.e. decimal amounts from 0
up to 0.5 round down and 0.5 and above round up).
(ii) Pacific whiting Mothership Sector Allocation. The catch
history allocation accrues to the coop to which the MS/CV permit is
tied through private agreement, or will be assigned to the non-coop
fishery if the MS/CV-endorsed permit does not participate in the coop
fishery.
(iii) Non-severable. The MS/CV endorsement and its catch history
assignment are not severable from the limited entry trawl permit. An
MS/CV endorsement and its catch history assignment are permanently
affixed to the original qualifying limited entry permit, and cannot be
transferred separately from the original qualifying limited entry
permit.
(iv) Renewal. [Reserved]
(v) Restrictions on processing by MS/CV endorsed permit. A vessel
registered to an MS/CV-endorsed permit in a given year shall not engage
in processing of Pacific whiting during that year.
(2) Change of Permit owner, vessel registration, vessel owner, or
combination. [Reserved]
(3) Accumulation limits--(i) MS/CV-endorsed permit ownership limit.
No person shall own MS/CV-endorsed permits for which the collective
Pacific whiting allocation total is greater than 20 percent of the
total mothership sector allocation. For purposes of determining
accumulation limits, NMFS requires that permit owners submit a complete
trawl ownership interest form for the permit owner as part of annual
renewal of an MS/CV-endorsed permit. An ownership interest form will
also be required whenever a new permit owner obtains an MS/CV-endorsed
permit as part of a permit transfer request. Accumulation limits will
be determined by calculating the percentage of ownership interest a
person has in any MS/CV-endorsed permit and the amount of the Pacific
whiting catch history assignment given on the permit. Determination of
ownership interest will be subject to the individual and collective
rule.
(A) Ownership--Individual and collective rule. The Pacific whiting
catch history assignment that applies to a person's accumulation limit
will include:
(1) The catch history assignment owned by that person, and
(2) A portion of the catch history assignment owned by an entity in
which that person has an interest, where the person's share of interest
in that entity will determine the portion of that entity's catch
history assignment that counts toward the person's limit.
(B) [Reserved].
(C) Trawl identification of ownership interest form. Any person
that owns a limited entry trawl permit and is applying for an MS/CV
endorsement shall document those individuals that have greater than or
equal to 2 percent ownership interest in the permit. This ownership
interest must be documented with the SFD via the Trawl Identification
of Ownership Interest Form sent to the permit owner with their
application. SFD will not issue an MS/CV endorsement unless the Trawl
Identification of Ownership Interest Form has been completed. Further,
if SFD discovers through review of the Trawl Identification of
Ownership Interest Form that a person owns or controls more than the
accumulation limits, the person will subject to divestiture provisions
specified in paragraph (g)(3)(i)(D) of this section.
(D) Divestiture. If NMFS determines that an applicant exceeds the
MS/CV-endorsed permit ownership limit, NMFS will notify the applicant.
The applicant must comply with the MS/CV-endorsed permit ownership
limit requirement prior to issuance of the MS/CV endorsement.
(ii) [Reserved].
(4) Appeals. [Reserved]
(5) Fees. The Regional Administrator is authorized to charge a fee
for administrative costs associated with the issuance of an MS/CV
endorsed permit, as provided at Sec. 660.25(f), Subpart C.
(6) Application requirements and initial issuance for MS/CV
endorsement--(i) Eligibility criteria for MS/CV endorsement. Only a
current trawl limited entry permit with a qualifying history of Pacific
whiting deliveries in the MS Pacific whiting sector is eligible to
receive an MS/CV
[[Page 33078]]
endorsement. Any past catch history associated with the current limited
entry trawl permit accrues to the permit. If a trawl limited entry
permit is eligible to receive both a C/P endorsement and an MS/CV
endorsement, the permit owner must choose which endorsement to apply
for (i.e., the owner of such a permit may not receive both a C/P and an
MS/CV endorsement). NMFS will not recognize any other person as permit
owner other than the person listed as permit owner in NMFS permit
database.
(ii) Qualifying criteria for MS/CV endorsement. In order to qualify
for an MS/CV endorsement, a qualifying trawl endorsed limited entry
permit must have been registered to a vessel or vessels that caught and
delivered a cumulative amount of at least 500 mt of Pacific whiting to
motherships between 1994 through 2003. The calculation will be based on
the following:
(A) To determine a permit's qualifying catch history, NMFS will use
documented deliveries to a mothership in Pacific whiting observer data
as recorded in the dataset that was extracted from NORPAC by NMFS on
July 1, 2010.
(B) The qualifying catch history will include any deliveries of
Pacific whiting to motherships by vessels registered to limited entry
trawl endorsed permits that were subsequently combined to generate the
current permit.
(C) If two or more limited entry trawl permits have been
simultaneously registered to the same vessel, NMFS will divide the
qualifying catch history evenly between all permits.
(D) History of illegal deliveries will not be included in the
qualifying catch history.
(E) Deliveries made from Federal limited entry groundfish permits
that were retired through the Federal buyback program will not be
included in the qualifying catch history.
(F) Deliveries made under provisional ``A'' permits that did not
become ``A'' permits and ``B'' permits will not be included in the
qualifying catch history.
(iii) Qualifying criteria for catch history assignment. A catch
history assignment will be specified as a percent on the MS/CV endorsed
permit. The calculation will be based on the following:
(A) For determination of a permit's catch history, NMFS will use
documented deliveries to a mothership in Pacific whiting observer data
as recorded in the dataset that was extracted from NORPAC by NMFS on
July 1, 2010.
(B) NMFS will use relative history, which means the catch history
of a permit for a year divided by the total fleet history for that
year, expressed as a percent. NMFS will calculate relative history for
each year in the qualifying period from 1994 through 2003 by dividing
the total deliveries of Pacific whiting to motherships for the
vessel(s) registered to the permit for each year by the sum of the
total catch of Pacific whiting delivered to mothership vessel(s) for
that year.
(C) NMFS will select the eight years with the highest relative
history of Pacific whiting, unless the applicant requests a different
set of eight years during the initial issuance and appeals process, and
will add the relative histories for these years to generate the
permit's total relative history. NMFS will then divide the permit's
total relative history by the sum of all qualifying permits' total
relative histories to determine the permit's catch history assignment,
expressed as a percent.
(D) The total relative history will include any deliveries of
Pacific whiting to motherships by vessels registered to limited entry
trawl endorsed permits that were subsequently combined to generate the
current permit.
(E) If two or more limited entry trawl permits have been
simultaneously registered to the same vessel, NMFS will split the catch
history evenly between all permits.
(F) History of illegal deliveries will not be included in the
calculation of a permit's catch history assignment or in the
calculation of relative history for individual years.
(G) Deliveries made from Federal limited entry groundfish permits
that were retired through the Federal buyback program will not be
included in the calculation of a permit's catch history assignment
other than for the purpose of calculating relative history for
individual years.
(H) Deliveries made under provisional ``A'' permits that did not
become ``A'' permits and ``B'' permits will not be included in the
calculation of a permit's catch history assignment other than for the
purpose of calculating relative history for individual years.
(iv) MS/CV endorsement and catch history assignment application.
Persons may apply for an initial issuance of an MS/CV endorsement on a
limited entry trawl permit and its associated catch history assignment
in one of two ways: Complete and submit a prequalified application
received from NMFS, or complete and submit an application package.
(A) Prequalified application. A ``prequalified application'' is a
partially pre-filled application where NMFS has preliminarily
determined the catch history that may qualify the applicant for an
initial issuance of an MS/CV endorsement and associated catch history
assignment. NMFS will mail prequalified application packages to the
owners of current limited entry trawl permits, as listed in the NMFS
permit database at the time applications are mailed, which NMFS
determines may qualify for an MS/CV endorsement and associated catch
history assignment. NMFS will mail the application by certified mail to
the current address of record in the NMFS permit database. The
application will contain the basis of NMFS' calculation. The
application package will include, but is not limited to: A prequalified
application (with landings history), a Trawl Identification of
Ownership Interest form, and any other documents NMFS believes are
necessary to aid the limited entry permit owner in completing the
application.
(B) Request for an application. Any owner of a current limited
entry trawl permit that does not receive a prequalified application
that believes the permit qualifies for an initial issuance of an MS/CV
endorsement and associated catch history assignment must complete an
application package and submit the completed application to NMFS by the
application deadline. The completed application must be either post-
marked or hand-delivered within normal business hours no later than
[date 60 days after publication of the final rule in the Federal
Register]. Application packages are available on the NMFS Web site
(http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by contacting SFD. An application must include valid
NORPAC data, copies of NMFS observer data forms, or other credible
information that substantiates the applicant's qualification for an
initial issuance of an MS/CV endorsement and associated catch history
assignment. If an applicant fails to submit a completed application by
the deadline date, they forgo the opportunity to receive consideration
for an initial issuance of a MS/CV endorsement and associated catch
history assignment.
(v) Corrections to the application. If the applicant does not
accept NMFS' calculation in the prequalified application either in part
or whole, in order for NMFS to reconsider NMFS' calculation, the
applicant must identify in writing to NMFS which parts of the
application that the applicant contends to be inaccurate, and must
provide specific credible information to substantiate any requested
corrections. The completed application and specific credible
information must be provided
[[Page 33079]]
to NMFS in writing by the application deadline. Written communication
must be either post-marked or hand-delivered within normal business
hours no later than [date 60 days after publication of the final rule
in the Federal Register]. Requests for corrections may only be granted
for changes to the selection of the eight years with the highest
relative history of whiting and errors in NMFS' extraction,
aggregation, or expansion of data, including:
(A) Errors in NMFS' extraction of data from NORPAC;
(B) Errors in NMFS' calculations; and
(C) Errors in the identification of the permit owner, permit
combinations, or vessel registration as listed in the NMFS permit
database.
(vi) Submission of the application and application deadline--(A)
Submission of the application. Submission of the complete, certified
application includes, but is not limited to, the following:
(1) The applicant is required to sign and date the application and
have the document notarized by a licensed Notary Public.
(2) The applicant must certify that they qualify to own an MS/CV-
endorsed permit and associated catch history assignment.
(3) The applicant must indicate they accept NMFS' calculation of
initial issuance of an MS/CV-endorsed permit and associated catch
history assignment provided in the prequalified application, or provide
credible information that demonstrates their qualification for an MS/
CV-endorsed permit and associated catch history assignment.
(4) The applicant is required to provide a complete Trawl
Identification of Ownership Interest Form as specified at paragraph
(g)(3)(i)(C) of this section.
(5) Business entities may be required to submit a corporate
resolution or other credible documentation as proof that the
representative of the entity is authorized to act on behalf of the
entity; and
(6) NMFS may request additional information of the applicant as
necessary to make an IAD on initial issuance of an MS/CV-endorsed
permit and associated catch history assignment.
(B) Application deadline. A complete, certified application must be
mailed or hand-delivered to NMFS, Northwest Region, Permits Office,
Bldg. 1, 7600 Sand Point Way, NE., Seattle, WA 98115, and postmarked no
later than [date 60 days after publication of the final rule in the
Federal Register]. NMFS will not accept or review any applications
received or postmarked after the application deadline. There are no
hardship provisions for this deadline.
(vii) Permit transfer during application period. NMFS will not
review or approve any request for a change in limited entry trawl
permit owner at any time after [Date final rule will publish in the
Federal Register] until a final decision is made by the Regional
Administrator on behalf of the Secretary of Commerce on that permit.
(viii) Initial Administrative Determination (IAD). NMFS will issue
an IAD for all complete, certified applications received by the
application deadline date. If NMFS approves an application for initial
issuance of an MS/CV-endorsed permit and associated catch history
assignment, the applicant will receive an MS/CV endorsement on a
limited entry trawl permit specifying the amounts of catch history
assignment for which the applicant has qualified. If NMFS disapproves
an application, the IAD will provide the reasons NMFS did not approve
the application. If known at the time of the IAD, NMFS will indicate if
the owner of the MS/CV-endorsed permit has ownership interest in catch
history assignments that exceed the accumulation limits and are subject
to divestiture provisions given at paragraph (g)(3)(i)(D) of this
section. If the applicant does not appeal the IAD within 30 calendar
days of the date on the IAD, the IAD becomes the final decision of the
Regional Administrator acting on behalf of the Secretary of Commerce.
(ix) Appeals. For an MS/CV-endorsed permit and associated catch
history assignment issued under this section, the appeals process and
timelines are specified at Sec. 660.25(g), subpart C. For the initial
issuance of an MS/CV-endorsed permit and associated catch history
assignment, the bases for appeal are described in paragraph (g)(6)(v)
of this section. Items not subject to appeal include, but are not
limited to, the accuracy of data in the dataset extracted from NORPAC
by NMFS on July 1, 2010.
(h) Non-coop Fishery. [Reserved]
(i) Retention Requirements. [Reserved]
(j) Observer Requirements. [Reserved]
(k) Catch Weighing Requirements. [Reserved]
(l) [Reserved]
Sec. 660.160 Catcher/processor (C/P) coop program.
(a) General. The C/P Coop Program requirements in Sec. 660.160
will be effective beginning January 1, 2011, except for paragraphs
(d)(5) and (d)(7) of this section, which are effective immediately. The
C/P Coop Program is a limited access program that applies to vessels in
the C/P sector of the Pacific whiting at-sea trawl fishery and is a
single voluntary coop. Eligible harvesters and processors must meet the
requirements set forth in this section of the Pacific Coast groundfish
regulations. In addition to the requirements of this section, the C/P
Coop Program is subject to the following groundfish regulations:
(1) Pacific whiting seasons Sec. 660.131(b), subpart D.
(2) Area restrictions specified for midwater trawl gear used to
harvest Pacific whiting fishery specified at Sec. 660.131(c), subpart
D for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
(3) Regulations set out in the following sections of subpart C:
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec.
660.15 Equipment requirements, Sec. 660.16 Groundfish Observer
Program, Sec. 660.20 Vessel and gear identification, Sec. 660.25
Permits, Sec. 660.26 Pacific whiting vessel licenses, Sec. 660.55
Allocations, Sec. 660.60 Specifications and management measures, Sec.
660.65 Groundfish harvest specifications, and Sec. Sec. 660.70 through
660.79 Closed areas.
(4) Regulations set out in the following sections of subpart D:
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting,
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl
fishery crossover provisions, Sec. 660.130 Trawl fishery management
measures, and Sec. 660.131 Pacific whiting fishery management
measures.
(5) The C/P Coop Program may be restricted or closed as a result of
projected overages within the MS Coop Program, the C/P Coop Program, or
the Shorebased IFQ Program. As determined necessary by the Regional
Administrator, area restrictions, season closures, or other measures
will be used to prevent the trawl sectors in aggregate or the
individual trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from
exceeding an OY, or formal allocation specified in the PCGFMP or
regulation at Sec. 660.55, subpart C, or Sec. Sec. 660.140, 660.150,
or 660.160, subpart D.
(b) C/P Coop program species and allocations--(1) C/P coop program
species. C/P Coop Program species are as follows:
(i) Species with formal allocations to the C/P Coop Program are
Pacific whiting, canary rockfish, darkblotched rockfish, Pacific Ocean
perch, widow rockfish;
(ii) Species with set-asides for the MS and C/P Programs combined,
as described in Table 1d and 2d, subpart C.
[[Page 33080]]
(2) [Reserved].
(c) C/P Coop Permit and Agreement. [Reserved]
(d) C/P-Endorsed Permit--(1) General. Any vessel participating in
the C/P sector of the non-tribal primary Pacific whiting fishery during
the season described at Sec. 660.131(b) of this subpart must be
registered to a valid limited entry permit with a C/P endorsement.
(i) Non-severable. A C/P endorsement is not severable from the
limited entry trawl permit, and therefore, the endorsement may not be
transferred separately from the limited entry trawl permit.
(ii) Restriction on C/P vessel operating as a catcher vessel in the
mothership sector. A vessel registered to a C/P-endorsed permit cannot
operate as a catcher vessel delivering unprocessed Pacific whiting to a
mothership processor during the same calendar year it participates in
the C/P sector.
(iii) Restriction on C/P vessel operating as mothership. A vessel
registered to a C/P-endorsed permit cannot operate as a mothership
during the same calendar year it participates in the C/P sector.
(2) Eligibility and renewal for C/P endorsed permit. [Reserved.]
(3) Change in permit ownership, vessel registration, vessel owner,
transfer or combination. [Reserved]
(4) Appeals. [Reserved]
(5) Fees. The Regional Administrator is authorized to charge fees
for the administrative costs associated with review and issuance of a
C/P endorsement consistent with the provisions at Sec. 660.25(f),
subpart C.
(6) [Reserved].
(7) Application requirements and initial issuance for C/P
endorsement--(i) Eligibility criteria for C/P endorsement. Only current
owners of a current limited entry trawl permit that has been registered
to a vessel that participated in the C/P fishery during the qualifying
period are eligible to receive a C/P endorsement. Any past catch
history associated with the current limited entry trawl permit accrues
to the current permit owner. NMFS will not recognize any other person
as the limited entry permit owner other than the person listed as the
limited entry permit owner in the NMFS permit database.
(ii) Qualifying criteria for C/P endorsement. In order to qualify
for a C/P endorsement, a vessel registered to a valid trawl endorsed
limited entry permit must have caught and processed any amount of
Pacific whiting during a primary catcher/processor season between 1997
through 2003. The calculation will be based on the following:
(A) Pacific Whiting Observer data recorded in the dataset that was
extracted from NORPAC by NMFS on July 1, 2010, and NMFS permit data on
limited entry trawl endorsed permits will be used to determine whether
a permit meets the qualifying criteria for a C/P endorsement.
(B) Only Pacific whiting regulated by this subpart that was taken
with midwater (or pelagic) trawl gear will be considered for the C/P
endorsement.
(C) Permit catch and processing history includes only the catch/
processing history of Pacific whiting for a vessel when it was
registered to that particular permit during the qualifying years.
(D) History of illegal landings will not count.
(E) Landings history from Federal limited entry groundfish permits
that were retired through the Federal buyback program will not count.
(F) Landings under provisional ``A'' permits that did not become
``A'' permits and ``B'' permits will not count toward the allocation of
QS.
(iii) C/P endorsement application. Persons may apply for an initial
issuance of a C/P endorsement in one of two ways: complete and submit a
prequalified application received from NMFS, or complete and submit an
application package.
(A) Prequalified application. A ``prequalified application'' is a
partially pre-filled application where NMFS has preliminarily
determined the catch history that may qualify the applicant for an
initial issuance of a C/P endorsement. NMFS will mail a prequalified
application to all owners of current trawl limited entry permits, as
listed in NMFS permit database at the time applications are mailed,
which NMFS determines may qualify for a C/P endorsement. NMFS will mail
the application by certified mail to the current address of record in
the NMFS permit database. The application will contain the basis of
NMFS' calculation. The application package will include, but is not
limited to: A prequalified application (with catch history) and any
other documents NMFS believes are necessary to aid the limited entry
permit owner in completing the application.
(B) Request for an application. Any owner of a current limited
entry trawl permit that does not receive a prequalified application
that believes the permit qualifies for an initial issuance of a C/P
endorsement must complete an application package and submit the
completed application to NMFS by the application deadline. The
completed application must be either post-marked or hand-delivered
within normal business hours no later than [date 60 days after
publication of the final rule in the Federal Register]. Application
packages are available on the NMFS Web site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by contacting SFD.
An application must include valid NORPAC data, copies of NMFS observer
data forms, or other credible information that substantiates the
applicant's qualification for initial issuance of a C/P endorsement. If
an applicant fails to submit a completed application by the deadline
date, they forgo the opportunity to receive consideration for initial
issuance of a C/P endorsement.
(iv) Corrections to the application. If the applicant does not
accept NMFS' calculation in the prequalified application either in part
or whole, in order for NMFS to reconsider NMFS' calculation, the
applicant must identify in writing to NMFS which parts of the
application the applicant contends to be inaccurate, and must provide
specific credible information to substantiate any requested
corrections. The completed application and specific credible
information must be provided to NMFS in writing by the application
deadline. Written communication must be either post-marked or hand-
delivered within normal business hours no later than [date 60 days
after publication of the final rule in the Federal Register]. Requests
for corrections may only be granted for errors in NMFS' extraction,
aggregation, or expansion of data, including:
(A) Errors in NMFS' extraction of data from NORPAC;
(B) Errors in NMFS' calculations; and
(C) Errors in the identification of the permit owner, permit
combinations, or vessel registration as listed in the NMFS permit
database.
(v) Submission of the application and application deadline--(A)
Submission of the Application. Submission of the complete, certified
application includes, but is not limited to, the following:
(1) The applicant is required to sign and date the application and
have the document notarized by a licensed Notary Public.
(2) The applicant must certify that they qualify to own a C/P
endorsed permit.
(3) The applicant must indicate they accept NMFS' calculation of
initial issuance of C/P endorsement provided in the prequalified
application, or provide credible information that demonstrates their
qualification for a C/P endorsement.
[[Page 33081]]
(4) Business entities may be required to submit a corporate
resolution or other credible documentation as proof that the
representative of the entity is authorized to act on behalf of the
entity; and
(5) NMFS may request additional information of the applicant as
necessary to make an IAD on initial issuance of a C/P endorsement.
(B) Application deadline. A complete, certified application must be
mailed or hand-delivered to NMFS, Northwest Region, Permits Office,
Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 98115, and postmarked no
later than [date 60 days after publication of the final rule in the
Federal Register]. NMFS will not accept or review any applications
received or postmarked after the application deadline. There are no
hardship provisions for this deadline.
(vi) Permit transfer during application period. NMFS will not
review or approve any request for a change in limited entry trawl
permit owner at any time after [date final rule publishes in Federal
Register] until a final decision is made by the Regional Administrator
on behalf of the Secretary of Commerce.
(vii) Initial Administrative Determination (IAD). NMFS will issue
an IAD for all complete, certified applications received by the
application deadline date. If NMFS approves an application, the
applicant will receive a C/P endorsement on a limited entry trawl
permit. If NMFS disapproves an application, the IAD will provide the
reasons NMFS did not approve the application. If the applicant does not
appeal the IAD within 30 calendar days of the date on the IAD, the IAD
becomes the final decision of the Regional Administrator acting on
behalf of the Secretary of Commerce.
(viii) Appeal. For a C/P endorsed permit issued under this section,
the appeals process and timelines are specified at Sec. 660.25(g),
subpart C. For the initial issuance of a C/P endorsed permit, the bases
for appeal are described in paragraph (d)(7)(iv) of this section. Items
not subject to appeal include, but are not limited to, the accuracy of
data in the dataset extracted from NORPAC by NMFS on July 1, 2010.
(e) Retention Requirements. [Reserved]
(f) Observers Requirements. [Reserved]
(g) [Reserved]
(h) Catch Weighting Requirements. [Reserved]
Subpart E--West Coast Groundfish--Limited Entry Fixed Gear
Fisheries
Sec. 660.210 Purpose and scope.
This subpart covers the Pacific Coast Groundfish limited entry
fixed gear fishery.
Sec. 660.211 Fixed gear fishery--definitions.
These definitions are specific to the limited entry fixed gear
fisheries covered in this subpart. General groundfish definitions are
found at Sec. 660.11, subpart C.
Daily Trip Limit (DTL) Fishery means a sablefish fishery that
occurs both north and south of 36[deg] N. lat. that is subject to trip
limit restrictions including daily and/or weekly and/or bimonthly trip
limits.
Limited entry fixed gear fishery means the fishery composed of
vessels registered to limited entry permits with longline and pot/trap
endorsements.
Sablefish primary fishery or sablefish tier limit fishery means,
for the limited entry fixed gear sablefish fishery north of 36[deg] N.
lat, the fishery where vessels registered to at least one limited entry
permit with both a gear endorsement for longline or trap (or pot) gear
and a sablefish endorsement fish up to a specified tier limit and when
they are not eligible to fish in the DTL fishery.
Sablefish primary season means, for the limited entry fixed gear
sablefish fishery north of 36[deg] N. lat, the period when vessels
registered to at least one limited entry permit with both a gear
endorsement for longline or trap (or pot) gear and a sablefish
endorsement, are allowed to fish in the sablefish tier limit fishery
described at Sec. 660.231 of this subpart.
Tier limit means a specified amount of sablefish that may be
harvested by a vessel registered to a limited entry fixed gear
permit(s) with a Tier 1, Tier 2, and/or Tier 3 designation; a gear
endorsement for longline or trap (or pot) gear; and a sablefish
endorsement.
Sec. 660.212 Fixed gear fishery--prohibitions.
These prohibitions are specific to the limited entry fixed gear
fisheries. General groundfish prohibitions are found at Sec. 660.12,
subpart C. In addition to the general groundfish prohibitions specified
in Sec. 660.12, subpart C, it is unlawful for any person to:
(a) General--(1) Possess, deploy, haul, or carry onboard a fishing
vessel subject to Subparts C and E a set net, trap or pot, longline, or
commercial vertical hook-and-line as defined at Sec. 660.11, subpart
C, that is not in compliance with the gear restrictions in Sec.
660.230, subpart E, unless such gear is the gear of another vessel that
has been retrieved at sea and made inoperable or stowed in a manner not
capable of being fished. The disposal at sea of such gear is prohibited
by Annex V of the International Convention for the Prevention of
Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
(2) Take, retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the limited entry, fixed
gear sablefish primary season from a vessel authorized to fish in that
season, as described at Sec. 660.231, subpart E.
(b) Recordkeeping and reporting-- Fail to retain on board a vessel
from which sablefish caught in the sablefish primary season is landed,
and provide to an authorized officer upon request, copies of any and
all reports of sablefish landings against the sablefish endorsed
permit's tier limit, or receipts containing all data, and made in the
exact manner required by the applicable state law throughout the
sablefish primary season during which such landings occurred and for 15
days thereafter.
(c) Fishing in conservation areas--(1) Operate a vessel registered
to a limited entry permit with a longline or trap (pot) endorsement and
longline and/or trap gear onboard in an applicable GCA (as defined at
Sec. 660.230(d)), except for purposes of continuous transiting, with
all groundfish longline and/or trap gear stowed in accordance with
Sec. 660.212(a) or except as authorized in the groundfish management
measures at Sec. 660.230.
(2) Fish with bottom contact gear (as defined in Sec. 660.11,
subpart C) within the EEZ in the following areas (defined in Sec. Sec.
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson
Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith
Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa
Barbara.
(3) Fish with bottom contact gear (as defined in Sec. 660.11,
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75, subpart
C).
(d) Sablefish fisheries--(1) Take, retain, possess or land
sablefish under the tier limits provided for the limited entry, fixed
gear sablefish primary season, described in Sec. 660.231(b), subpart
E, from a vessel that is not registered to a limited entry permit with
a sablefish endorsement.
(2) Take, retain, possess or land sablefish in the sablefish
primary season, described at Sec. 660.231(b),
[[Page 33082]]
subpart E, unless the owner of the limited entry permit registered for
use with that vessel and authorizing the vessel to fish in the
sablefish primary season is on board that vessel. Exceptions to this
prohibition are provided at Sec. 660.231(b)(4)(i) and (ii).
(3) Process sablefish taken at-sea in the limited entry fixed gear
sablefish primary fishery defined at Sec. 660.231, subpart E, from a
vessel that does not have a sablefish at-sea processing exemption,
defined at Sec. 660.25(b)(3)(iv)(D), subpart C.
Sec. 660.213 Fixed gear fishery--recordkeeping and reporting.
(a) General. General reporting requirements specified at Sec.
660.13 (a) through (c), subpart C, apply to limited entry fixed gear
fishery vessels.
(b) Declaration reports for limited entry fixed gear fishery
vessels. Declaration reporting requirements for limited entry fixed
gear fishery vessels are specified at Sec. 660.13 (d), subpart C.
(c) VMS requirements for limited entry fixed gear fishery vessels.
VMS requirements for limited entry fixed gear fishery vessels are
specified at Sec. 660.14, subpart C.
(d) Retention of records--(1) Any person landing groundfish must
retain on board the vessel from which groundfish are landed, and
provide to an authorized officer upon request, copies of any and all
reports of groundfish landings containing all data, and in the exact
manner, required by the applicable state law throughout the cumulative
limit period during which a landing occurred and for 15 days
thereafter.
(2) For participants in the sablefish primary season, the
cumulative limit period to which this requirement applies is April 1
through October 31 or, for an individual permit holder, when that
permit holder's tier limit is attained, whichever is earlier.
Sec. 660.216 Fixed gear fishery--observer requirements.
(a) Observer coverage requirements. When NMFS notifies the owner,
operator, permit holder, or the manager of a catcher vessel, specified
at Sec. 660.16(c), subpart C, of any requirement to carry an observer,
the catcher vessel may not be used to fish for groundfish without
carrying an observer.
(b) Notice of departure basic rule. At least 24 hours (but not more
than 36 hours) before departing on a fishing trip, a vessel that has
been notified by NMFS that it is required to carry an observer, or that
is operating in an active sampling unit, must notify NMFS (or its
designated agent) of the vessel's intended time of departure. Notice
will be given in a form to be specified by NMFS.
(1) Optional notice--weather delays. A vessel that anticipates a
delayed departure due to weather or sea conditions may advise NMFS of
the anticipated delay when providing the basic notice described in
paragraph (b) of this section. If departure is delayed beyond 36 hours
from the time the original notice is given, the vessel must provide an
additional notice of departure not less than 4 hours prior to
departure, in order to enable NMFS to place an observer.
(2) Optional notice--back-to-back fishing trips. A vessel that
intends to make back-to-back fishing trips (i.e., trips with less than
24 hours between offloading from one trip and beginning another), may
provide the basic notice described in paragraph (b) of this section for
both trips, prior to making the first trip. A vessel that has given
such notice is not required to give additional notice of the second
trip.
(c) Cease fishing report. Within 24 hours of ceasing the taking and
retaining of groundfish, vessel owners, operators, or managers must
notify NMFS or its designated agent that fishing has ceased. This
requirement applies to any vessel that is required to carry an
observer, or that is operating in a segment of the fleet that NMFS has
identified as an active sampling unit.
(d) Waiver. The Northwest Regional Administrator may provide
written notification to the vessel owner stating that a determination
has been made to temporarily waive coverage requirements because of
circumstances that are deemed to be beyond the vessel's control.
(e) Vessel responsibilities--(1) Accommodations and food. An
operator of a vessel required to carry one or more observer(s) must
provide accommodations and food that are equivalent to those provided
to the crew.
(2) Safe conditions. Maintain safe conditions on the vessel for the
protection of observer(s) including adherence to all USCG and other
applicable rules, regulations, or statutes pertaining to safe operation
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this
chapter.
(3) Observer communications. Facilitate observer communications by:
(i) Observer use of equipment. Allowing observer(s) to use the
vessel's communication equipment and personnel, on request, for the
entry, transmission, and receipt of work-related messages, at no cost
to the observer(s) or the U.S. or designated agent.
(ii) Functional equipment. Ensuring that the vessel's
communications equipment, used by observers to enter and transmit data,
is fully functional and operational.
(4) Vessel position. Allow observer(s) access to, and the use of,
the vessel's navigation equipment and personnel, on request, to
determine the vessel's position.
(5) Access. Allow observer(s) free and unobstructed access to the
vessel's bridge, trawl or working decks, holding bins, processing
areas, freezer spaces, weight scales, cargo holds, and any other space
that may be used to hold, process, weigh, or store fish or fish
products at any time.
(6) Prior notification. Notify observer(s) at least 15 minutes
before fish are brought on board, or fish and fish products are
transferred from the vessel, to allow sampling the catch or observing
the transfer, unless the observer specifically requests not to be
notified.
(7) Records. Allow observer(s) to inspect and copy any state or
Federal logbook maintained voluntarily or as required by regulation.
(8) Assistance. Provide all other reasonable assistance to enable
observer(s) to carry out their duties, including, but not limited to:
(i) Measuring decks, codends, and holding bins.
(ii) Providing the observer(s) with a safe work area.
(iii) Collecting bycatch when requested by the observer(s).
(iv) Collecting and carrying baskets of fish when requested by the
observer(s).
(v) Allowing the observer(s) to collect biological data and
samples.
(vi) Providing adequate space for storage of biological samples.
(f) Sample station--(1) Observer sampling station. This paragraph
contains the requirements for observer sampling stations. The vessel
owner must provide an observer sampling station that complies with this
section so that the observer can carry out required duties.
(i) Accessibility. The observer sampling station must be available
to the observer at all times.
(ii) Location. The observer sampling station must be located within
4 m of the location from which the observer samples unsorted catch.
Unobstructed passage must be provided between the observer sampling
station and the location where the observer collects sample catch.
(2) [Reserved]
[[Page 33083]]
Sec. 660.219 Fixed gear identification and marking.
(a) Gear identification--(1) Limited entry fixed gear (longline,
trap or pot) must be marked at the surface and at each terminal end,
with a pole, flag, light, radar reflector, and a buoy.
(2) A buoy used to mark fixed gear must be marked with a number
clearly identifying the owner or operator of the vessel. The number may
be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(b) [Reserved].
Sec. 660.220 Fixed gear fishery--crossover provisions.
(a) Operating in both limited entry and open access fisheries. See
provisions at Sec. 660.60(h)(7), subpart C.
(b) Operating in north-south management areas with different trip
limits. NMFS uses different types of management areas for West Coast
groundfish management. One type of management area is the north-south
management area, a large ocean area with northern and southern boundary
lines wherein trip limits, seasons, and conservation areas follow a
single theme. Within each north-south management area, there may be one
or more conservation areas, detailed in Sec. Sec. 660.60(h)(7) and
660.70 through 660.74, subpart C. The provisions within this paragraph
apply to vessels operating in different north-south management areas.
Trip limits for a species or a species group may differ in different
north-south management areas along the coast. The following
``crossover'' provisions apply to vessels operating in different
geographical areas that have different cumulative or ``per trip'' trip
limits for the same species or species group. Such crossover provisions
do not apply to species that are subject only to daily trip limits, or
to the trip limits for black rockfish off Washington (see Sec.
660.230(d)).
(1) Going from a more restrictive to a more liberal area. If a
vessel takes and retains any groundfish species or species group of
groundfish in an area where a more restrictive trip limit applies
before fishing in an area where a more liberal trip limit (or no trip
limit) applies, then that vessel is subject to the more restrictive
trip limit for the entire period to which that trip limit applies, no
matter where the fish are taken and retained, possessed, or landed.
(2) Going from a more liberal to a more restrictive area. If a
vessel takes and retains a groundfish species or species group in an
area where a higher trip limit or no trip limit applies, and takes and
retains, possesses or lands the same species or species group in an
area where a more restrictive trip limit applies, that vessel is
subject to the more restrictive trip limit for the entire period to
which that trip limit applies, no matter where the fish are taken and
retained, possessed, or landed.
(3) Operating in two different areas where a species or species
group is managed with different types of trip limits. During the
fishing year, NMFS may implement management measures for a species or
species group that set different types of trip limits (for example, per
trip limits versus cumulative trip limits) for different areas. If a
vessel fishes for a species or species group that is managed with
different types of trip limits in two different areas within the same
cumulative limit period, then that vessel is subject to the most
restrictive overall cumulative limit for that species, regardless of
where fishing occurs.
(4) Minor rockfish. Several rockfish species are designated with
species-specific limits on one side of the 40[deg]10[min] N. lat.
management line, and are included as part of a minor rockfish complex
on the other side of the line. A vessel that takes and retains fish
from a minor rockfish complex (nearshore, shelf, or slope) on both
sides of a management line during a single cumulative limit period is
subject to the more restrictive cumulative limit for that minor
rockfish complex during that period.
(i) If a vessel takes and retains minor slope rockfish north of
40[deg]10[min] N. lat., that vessel is also permitted to take and
retain, possess or land splitnose rockfish up to its cumulative limit
south of 40[deg]10[min] N. lat., even if splitnose rockfish were a part
of the landings from minor slope rockfish taken and retained north of
40[deg]10[min] N. lat.
(ii) If a vessel takes and retains minor slope rockfish south of
40[deg]10[min] N. lat., that vessel is also permitted to take and
retain, possess or land POP up to its cumulative limit north of
40[deg]10[min] N. lat., even if POP were a part of the landings from
minor slope rockfish taken and retained south of 40[deg]10[min] N. lat.
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in Tables 2 (North) and 2 (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in Tables 2 (North) and 2 (South) of this subpart and sablefish
primary season details in Sec. 660.231), gear restrictions (see
paragraph (b) of this section), and closed areas (see paragraph (d) of
this section and Sec. Sec. 660.70 through 660.79, subpart C). Cowcod
retention is prohibited in all fisheries, and groundfish vessels
operating south of Point Conception must adhere to CCA restrictions
(see paragraph (d)(10) of this section and Sec. 660.70, subpart C).
Yelloweye rockfish and canary rockfish retention is prohibited in the
limited entry fixed gear fisheries. Regulations governing and tier
limits for the limited entry, fixed gear sablefish primary season north
of 36[deg] N. lat. are found in Sec. 660.231, subpart E. Vessels not
participating in the sablefish primary season are subject to daily or
weekly sablefish limits in addition to cumulative limits for each
cumulative limit period. Only one sablefish landing per week may be
made in excess of the daily trip limit and, if the vessel chooses to
make a landing in excess of that daily trip limit, then that is the
only sablefish landing permitted for that week. The trip limit for
black rockfish caught with hook-and-line gear also applies, see Sec.
660.230(d). The trip limits in Table 2 (North) and Table 2 (South) of
this subpart apply to vessels participating in the limited entry
groundfish fixed gear fishery and may not be exceeded. Federal
commercial groundfish regulations are not intended to supersede any
more restrictive state commercial groundfish regulations relating to
federally-managed groundfish.
(b) Gear restrictions--(1) Longline and pot or trap gear are
authorized in the limited entry fixed gear fishery, providing the gear
is in compliance with the restrictions set forth in this section, and
gear marking requirements described in Sec. 660.219 of this subpart.
(2) Vessels participating in the limited entry fixed gear fishery
may also fish with open access gear subject to the gear restrictions at
Sec. 660.330(b), subpart F, but will be subject to the most
restrictive trip limits for the gear used as specified at Sec.
660.60(h)(7), subpart C.
(3) Limited entry fixed gear (longline, trap or pot gear) must be
attended at least once every 7 days.
(4) Traps or pots must have biodegradable escape panels constructed
with 21 or smaller untreated cotton twine in such a manner that an
opening at least 8 inches (20.3 cm) in diameter results when the twine
deteriorates.
[[Page 33084]]
(c) Sorting Requirements--(1) Under Sec. 660.12(a)(8), subpart C,
it is unlawful for any person to ``fail to sort, prior to the first
weighing after offloading, those groundfish species or species groups
for which there is a trip limit, size limit, scientific sorting
designation, quota, harvest guideline, or OY, if the vessel fished or
landed in an area during a time when such trip limit, size limit,
scientific sorting designation, quota, harvest guideline, or OY
applied.'' The States of Washington, Oregon, and California may also
require that vessels record their landings as sorted on their state
landing receipts.
(2) For limited entry fixed gear, the following species must be
sorted:
(i) Coastwide--widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose
skate, and Pacific whiting;
(ii) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
(iii) South of 40[deg]10' N. lat.--minor shallow nearshore
rockfish, minor deeper nearshore rockfish, California scorpionfish,
chilipepper rockfish, bocaccio rockfish, splitnose rockfish, Pacific
sanddabs, cowcod, bronzespotted rockfish and cabezon.
(d) Groundfish conservation areas applicable to limited entry fixed
gear vessels. A GCA, a type of closed area, is a geographic area
defined by coordinates expressed in degrees of latitude and longitude.
The latitude and longitude coordinates of the GCA boundaries are
specified at Sec. Sec. 660.70 through 660.74, subpart C. A vessel that
is authorized by this paragraph to fish within a GCA (e.g. fishing for
``other flatfish'' using no more than 12 hooks, ``Number 2'' or
smaller), may not simultaneously have other gear on board the vessel
that is unlawful to use for fishing within the GCA. The following GCAs
apply to vessels participating in the limited entry fixed gear fishery.
(1) North coast recreational yelloweye rockfish conservation area.
The latitude and longitude coordinates of the North Coast Recreational
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. The North Coast Recreational YRCA is
designated as an area to be avoided (a voluntary closure) by commercial
fixed gear fishers.
(2) North coast commercial yelloweye rockfish conservation area.
The latitude and longitude coordinates of the North Coast Commercial
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. Fishing with limited entry fixed gear is
prohibited within the North Coast Commercial YRCA. It is unlawful to
take and retain, possess, or land groundfish taken with limited entry
fixed gear within the North Coast Commercial YRCA. Limited entry fixed
gear vessels may transit through the North Coast Commercial YRCA with
or without groundfish on board.
(3) South coast recreational yelloweye rockfish conservation area.
The latitude and longitude coordinates of the South Coast Recreational
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. The South Coast Recreational YRCA is
designated as an area to be avoided (a voluntary closure) by commercial
fixed gear fishers.
(4) Westport offshore recreational YRCA. The latitude and longitude
coordinates that define the Westport Offshore Recreational YRCA
boundaries are specified at Sec. 660.70, subpart C. The Westport
Offshore Recreational YRCA is designated as an area to be avoided (a
voluntary closure) by commercial fixed gear fishers.
(5) Point St. George YRCA. The latitude and longitude coordinates
of the Point St. George YRCA boundaries are specified at Sec. 660.70,
Subpart C. Fishing with limited entry fixed gear is prohibited within
the Point St. George YRCA, on dates when the closure is in effect. It
is unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Point St. George YRCA, on dates
when the closure is in effect. The closure is not in effect at this
time, and commercial fishing for groundfish is open within the Point
St. George YRCA from January 1 through December 31. This closure may be
imposed through inseason adjustment. Limited entry fixed gear vessels
may transit through the Point St. George YRCA, at any time, with or
without groundfish on board.
(6) South Reef YRCA. The latitude and longitude coordinates of the
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with limited entry fixed gear is prohibited within the South
Reef YRCA, on dates when the closure is in effect. It is unlawful to
take and retain, possess, or land groundfish taken with limited entry
fixed gear within the South Reef YRCA, on dates when the closure is in
effect. The closure is not in effect at this time, and commercial
fishing for groundfish is open within the South Reef YRCA from January
1 through December 31. This closure may be imposed through inseason
adjustment. Limited entry fixed gear vessels may transit through the
South Reef YRCA, at any time, with or without groundfish on board.
(7) Reading Rock YRCA. The latitude and longitude coordinates of
the Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart
C. Fishing with limited entry fixed gear is prohibited within the
Reading Rock YRCA, on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Reading Rock YRCA, on dates when
the closure is in effect. The closure is not in effect at this time,
and commercial fishing for groundfish is open within the Reading Rock
YRCA from January 1 through December 31. This closure may be imposed
through inseason adjustment. Limited entry fixed gear vessels may
transit through the Reading Rock YRCA, at any time, with or without
groundfish on board.
(8) Point Delgada (North) YRCA. The latitude and longitude
coordinates of the Point Delgada (North) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is
prohibited within the Point Delgada (North) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry fixed gear within the Point
Delgada (North) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time, and commercial fishing for
groundfish is open within the Point Delgada (North) YRCA from January 1
through December 31. This closure may be imposed through inseason
adjustment. Limited entry fixed gear vessels may transit through the
Point Delgada (North) YRCA, at any time, with or without groundfish on
board.
(9) Point Delgada (South) YRCA. The latitude and longitude
coordinates of the Point Delgada (South) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is
prohibited within the Point Delgada (South) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry fixed gear within the Point
Delgada (South) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time, and commercial fishing for
groundfish is open within the Point Delgada (South) YRCA from January 1
through December 31. This closure may be imposed through inseason
adjustment. Limited entry
[[Page 33085]]
fixed gear vessels may transit through the Point Delgada (South) YRCA,
at any time, with or without groundfish on board.
(10) Cowcod Conservation Areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.70, subpart C. It is unlawful to take and
retain, possess, or land groundfish within the CCAs, except for species
authorized in this paragraph caught according to gear requirements in
this paragraph, when those waters are open to fishing. Commercial
fishing vessels may transit through the Western CCA with their gear
stowed and groundfish on board only in a corridor through the Western
CCA bounded on the north by the latitude line at 33[deg]00.50' N. lat.,
and bounded on the south by the latitude line at 32[deg]59.50' N. lat.
Fishing with limited entry fixed gear is prohibited within the CCAs,
except as follows:
(i) Fishing for ``other flatfish'' is permitted within the CCAs
under the following conditions: when using no more than 12 hooks,
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches)
point to shank, and up to two 1-lb (0.45 kg) weights per line; and
provided a valid declaration report as required at Sec. 660.13(d),
subpart C, has been filed with NMFS OLE.
(ii) Fishing for rockfish and lingcod is permitted shoreward of the
20 fm (37 m) depth contour within the CCAs when trip limits authorize
such fishing, and provided a valid declaration report as required at
Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
(11) Nontrawl Rockfish Conservation Areas (RCA). The nontrawl RCAs
are closed areas, defined by specific latitude and longitude
coordinates (specified at Sec. Sec. 660.70 through 660.74, subpart C)
designed to approximate specific depth contours, where fishing for
groundfish with nontrawl gear is prohibited. Boundaries for the
nontrawl RCA throughout the year are provided in the header to Table 2
(North) and Table 2 (South) of this subpart and may be modified by NMFS
inseason pursuant to Sec. 660.60(c), subpart C.
(i) It is unlawful to operate a vessel with limited entry nontrawl
gear in the nontrawl RCA, except for the purpose of continuous transit,
or when the use of limited entry nontrawl gear is authorized in this
section. It is unlawful to take and retain, possess, or land groundfish
taken with limited entry nontrawl gear within the nontrawl RCA, unless
otherwise authorized in this section.
(ii) Limited entry nontrawl vessels may transit through the
nontrawl RCA, with or without groundfish on board, provided all
groundfish nontrawl gear is stowed either: below deck; or if the gear
cannot readily be moved, in a secured and covered manner, detached from
all lines, so that it is rendered unusable for fishing.
(iii) The nontrawl RCA restrictions in this section apply to
vessels registered to limited entry fixed gear permits fishing for
species other than groundfish with nontrawl gear on trips where
groundfish species are retained. Unless otherwise authorized in this
section, a vessel may not retain any groundfish taken on a fishing trip
for species other than groundfish that occurs within the nontrawl RCA.
If a vessel fishes in a non-groundfish fishery in the nontrawl RCA, it
may not participate in any fishing for groundfish on that trip that is
prohibited within the nontrawl RCA. [For example, if a vessel fishes in
the salmon troll fishery within the RCA, the vessel cannot on the same
trip fish in the sablefish fishery outside of the RCA.]
(iv) It is lawful to fish within the nontrawl RCA with limited
entry fixed gear only under the following conditions: when fishing for
``other flatfish'' off California (between 42[deg] N. lat. south to the
U.S./Mexico border) using no more than 12 hooks, ``Number 2'' or
smaller, which measure no more than 11 mm (0.44 inches) point to shank,
and up to two 1-lb (0.91 kg) weights per line when trip limits
authorize such fishing, provided a valid declaration report as required
at Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
(12) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An exception to this
prohibition is that commercial fishing for ``other flatfish'' is
permitted around the Farallon Islands using no more than 12 hooks,
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches)
point to shank, and up to two 1-lb (0.45-kg) weights per line. (See
Table 2 (South) of this subpart.) For a definition of the Farallon
Islands, see Sec. 660.70, subpart C.
(13) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters of depths less than 100 fm (183 m) around Cordell Banks, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is permitted around Cordell Banks using no more
than 12 hooks, ``Number 2'' or smaller, which measure no more than 11
mm (0.44 inches) point to shank, and up to two 1-lb (0.45-kg) weights
per line.
(14) Essential Fish Habitat Conservation Areas (EFHCA). An EFHCA, a
type of closed area, is a geographic area defined by coordinates
expressed in degrees of latitude and longitude at Sec. Sec. 660.75
through 660.79, Subpart C, where specified types of fishing are
prohibited in accordance with Sec. 660.12, Subpart C. EFHCAs apply to
vessels using ``bottom contact gear,'' which is defined at Sec.
660.11, Subpart C to include limited entry fixed gear (longline and
pot/trap,) among other gear types. Fishing with all bottom contact
gear, including longline and pot/trap gear, is prohibited within the
following EFHCAs, which are defined by specific latitude and longitude
coordinates at Sec. Sec. 660.75 through 660.79, Subpart C: Thompson
Seamount, President Jackson Seamount, Cordell Bank (50 fm (91 m)
isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave,
Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint,
Gull Island, South Point, and Santa Barbara. Fishing with bottom
contact gear is also prohibited within the Davidson Seamount EFH Area,
which is defined by specific latitude and longitude coordinates at
Sec. 660.75, subpart C.
(e) Black rockfish fishery management. The trip limit for black
rockfish (Sebastes melanops) for commercial fishing vessels using hook-
and-line gear between the U.S.-Canada border and Cape Alava
(48[deg]09.50' N. lat.), and between Destruction Island (47[deg]40' N.
lat.) and Leadbetter Point (46[deg]38.17' N. lat.), is 100-lbs (45 kg)
or 30 percent, by weight of all fish on board, whichever is greater,
per vessel per fishing trip. These per trip limits apply to limited
entry and open access fisheries, in conjunction with the cumulative
trip limits and other management measures in Sec. 660.230, subpart E,
and Sec. 660.330, subpart F. The crossover provisions in Sec.
660.60(h)(7), subpart C, do not apply to the black rockfish per-trip
limits.
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
This section applies to the sablefish primary season for the
limited entry fixed gear fishery north of 36[deg] N. lat. Limited entry
and open access fixed gear sablefish fishing outside of the sablefish
primary season north of 36[deg] N. lat. is governed by routine
management measures imposed under Sec. Sec. 660.230 and 660.232,
subpart E.
(a) Sablefish endorsement. A vessel may not fish in the sablefish
primary season for the limited entry fixed gear fishery, unless at
least one limited entry permit with both a gear endorsement for
[[Page 33086]]
longline or trap (or pot) gear and a sablefish endorsement is
registered for use with that vessel. Permits with sablefish
endorsements are assigned to one of three tiers, as described at Sec.
660.25(b)(3)(iv), subpart C.
(b) Sablefish primary season for the limited entry fixed gear
fishery--(1) Season Dates. North of 36[deg] N. lat., the sablefish
primary season for the limited entry, fixed gear, sablefish-endorsed
vessels begins at 12 noon local time on April 1 and ends at 12 noon
local time on October 31, or for an individual permit holder when that
permit holder's tier limit has been reached, whichever is earlier,
unless otherwise announced by the Regional Administrator through the
routine management measures process described at Sec. 660.60, subpart
C.
(2) Gear type. During the season primary and when fishing against
primary season cumulative limits, each vessel authorized to fish in
that season under paragraph (a) of this section may fish for sablefish
with any of the gear types, except trawl gear, endorsed on at least one
of the permits registered for use with that vessel.
(3) Cumulative limits--(i) A vessel participating in the primary
season will be constrained by the sablefish cumulative limit associated
with each of the permits registered for use with that vessel. During
the primary season, each vessel authorized to fish in that season under
paragraph (a) of this section may take, retain, possess, and land
sablefish, up to the cumulative limits for each of the permits
registered for use with that vessel (i.e., stacked permits). If
multiple limited entry permits with sablefish endorsements are
registered for use with a single vessel, that vessel may land up to the
total of all cumulative limits announced in this paragraph for the
tiers for those permits, except as limited by paragraph (b)(3)(ii) of
this section. Up to 3 permits may be registered for use with a single
vessel during the primary season; thus, a single vessel may not take
and retain, possess or land more than 3 primary season sablefish
cumulative limits in any one year. A vessel registered for use with
multiple limited entry permits is subject to per vessel limits for
species other than sablefish, and to per vessel limits when
participating in the daily trip limit fishery for sablefish under Sec.
660.232, subpart E. In 2009, the following annual limits are in effect:
Tier 1 at 61,296-lb (27,803 kg), Tier 2 at 27,862-lb (12,638 kg), and
Tier 3 at 15,921-lb (7,221 kg). For 2010 and beyond, the following
annual limits are in effect: Tier 1 at 56,081-lb (25,437 kg), Tier 2 at
25,492-lb (11,562 kg), and Tier 3 at 14,567-lb (6,648 kg).
(ii) If a permit is registered to more than one vessel during the
primary season in a single year, the second vessel may only take the
portion of the cumulative limit for that permit that has not been
harvested by the first vessel to which the permit was registered. The
combined primary season sablefish landings for all vessels registered
to that permit may not exceed the cumulative limit for the tier
associated with that permit.
(iii) A cumulative trip limit is the maximum amount of sablefish
that may be taken and retained, possessed, or landed per vessel in a
specified period of time, with no limit on the number of landings or
trips.
(iv) Incidental halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N. lat.). [Reserved]
(4) Owner-on-board requirement. Any person who owns or has
ownership interest in a limited entry permit with a sablefish
endorsement, as described at Sec. 660.25(b)(3), subpart C, must be on
board the vessel registered for use with that permit at any time that
the vessel has sablefish on board the vessel that count toward that
permit's cumulative sablefish landing limit. This person must carry
government issued photo identification while aboard the vessel. A
permit owner is not obligated to be on board the vessel registered for
use with the sablefish-endorsed limited entry permit during the
sablefish primary season if:
(i) The person, partnership or corporation had ownership interest
in a limited entry permit with a sablefish endorsement prior to
November 1, 2000. A person who has ownership interest in a partnership
or corporation that owned a sablefish-endorsed permit as of November 1,
2000, but who did not individually own a sablefish-endorsed limited
entry permit as of November 1, 2000, is not exempt from the owner-on-
board requirement when he/she leaves the partnership or corporation and
purchases another permit individually. A person, partnership, or
corporation that is exempt from the owner-on-board requirement may sell
all of their permits, buy another sablefish-endorsed permit within up
to a year from the date the last permit was approved for transfer, and
retain their exemption from the owner-on-board requirements.
Additionally, a person, partnership, or corporation that qualified for
the owner-on-board exemption, but later divested their interest in a
permit or permits, may retain rights to an owner-on-board exemption as
long as that person, partnership, or corporation purchases another
permit by March 2, 2007. A person, partnership or corporation could
only purchase a permit if it has not added or changed individuals since
November 1, 2000, excluding individuals that have left the partnership
or corporation, or that have died.
(ii) The person who owns or who has ownership interest in a
sablefish-endorsed limited entry permit is prevented from being on
board a fishing vessel because the person died, is ill, or is injured.
The person requesting the exemption must send a letter to NMFS
requesting an exemption from the owner-on-board requirements, with
appropriate evidence as described at paragraph (b)(4)(ii)(A) or (B) of
this section. All emergency exemptions for death, injury, or illness
will be evaluated by NMFS and a decision will be made in writing to the
permit owner within 60 calendar days of receipt of the original
exemption request.
(A) Evidence of death of the permit owner shall be provided to NMFS
in the form of a copy of a death certificate. In the interim before the
estate is settled, if the deceased permit owner was subject to the
owner-on-board requirements, the estate of the deceased permit owner
may send a letter to NMFS with a copy of the death certificate,
requesting an exemption from the owner-on-board requirements. An
exemption due to death of the permit owner will be effective only until
such time that the estate of the deceased permit owner has transferred
the deceased permit owner's permit to a beneficiary or up to three
years after the date of death as proven by a death certificate,
whichever is earlier. An exemption from the owner-on-board requirements
will be conveyed in a letter from NMFS to the estate of the permit
owner and is required to be on the vessel during fishing operations.
(B) Evidence of illness or injury that prevents the permit owner
from participating in the fishery shall be provided to NMFS in the form
of a letter from a certified medical practitioner. This letter must
detail the relevant medical conditions of the permit owner and how
those conditions prevent the permit owner from being onboard a fishing
vessel during the primary season. An exemption due to injury or illness
will be effective only for the fishing year of the request for
exemption, and will not be granted for more than three consecutive or
total years. NMFS will consider any exemption granted for less than 12
months in a year to count as one year against the 3-year cap. In order
to extend an emergency medical exemption for a succeeding year, the
permit owner must submit a new
[[Page 33087]]
request and provide documentation from a certified medical practitioner
detailing why the permit owner is still unable to be onboard a fishing
vessel. An emergency exemption will be conveyed in a letter from NMFS
to the permit owner and is required to be on the vessel during fishing
operations.
Sec. 660.232 Limited entry daily trip limit (DTL) fishery for
sablefish.
(a) Limited entry DTL fisheries both north and south of 36[deg] N.
lat.--(1) Before the start of the primary season for the sablefish tier
limit fishery, all sablefish landings made by a vessel authorized by
Sec. 660.231(a) to fish in the primary season will be subject to the
restrictions and limits of the limited entry daily and/or weekly trip
limit (DTL) fishery for sablefish specified in this section and which
is governed by routine management measures imposed under Sec.
660.60(c), subpart C.
(2) Following the start of the primary season, all landings made by
a vessel authorized by Sec. 660.231(a) of this subpart to fish in the
primary season will count against the primary season cumulative
limit(s) associated with the permit(s) registered for use with that
vessel. A vessel that is eligible to fish in the sablefish primary
season may fish in the DTL fishery for sablefish once that vessels'
primary season sablefish limit(s) have been taken, or after the end of
the primary season, whichever occurs earlier. Any subsequent sablefish
landings by that vessel will be subject to the restrictions and limits
of the limited entry DTL fishery for sablefish for the remainder of the
fishing year.
(3) No vessel may land sablefish against both its primary season
cumulative sablefish limits and against the DTL fishery limits within
the same 24 hour period of 0001 hours local time to 2400 hours local
time. If a vessel has taken all of its tier limit except for an amount
that is smaller than the DTL amount, that vessel's subsequent sablefish
landings are automatically subject to DTL limits.
(4) Vessels registered for use with a limited entry, fixed gear
permit that does not have a sablefish endorsement may fish in the
limited entry, DTL fishery for as long as that fishery is open during
the fishing year, subject to routine management measures imposed under
Sec. 660.60(c), Subpart C. DTL limits for the limited entry fishery
north and south of 36[deg] N. lat. are provided in Tables 2 (North) and
2 (South) of this subpart.
(b) [Reserved]
Subpart F--West Coast Groundfish--Open Access Fisheries
Sec. 660.310 Purpose and scope.
This subpart covers the Pacific Coast Groundfish open access
fishery. The open access fishery, as defined at Sec. 660.11, Subpart
C, is the fishery composed of commercial vessels using open access gear
fished pursuant to the harvest guidelines, quotas, and other management
measures specified for the harvest of open access allocations or
governing the fishing activities of open access vessels.
Sec. 660.311 Open access fishery--definitions.
General definitions for the Pacific Coast groundfish fisheries are
defined at Sec. 660.11, subpart C. The definitions in this subpart are
specific to the open access fishery covered in this subpart and are in
addition to those specified at Sec. 660.11, subpart C.
Closely tended for the purposes of this subpart means that a vessel
is within visual sighting distance or within 0.25 nm (463 m) of the
gear as determined by electronic navigational equipment.
Sec. 660.312 Open access fishery--prohibitions.
General groundfish prohibitions for the Pacific Coast groundfish
fisheries are defined at Sec. 660.12, subpart C. In addition to the
general groundfish prohibitions, it is unlawful for any person to:
(a) General--(1) Take and retain, possess, or land groundfish in
excess of the landing limit for the open access fishery without having
a valid limited entry permit for the vessel affixed with a gear
endorsement for the gear used to catch the fish.
(2) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under
Sec. 660.60 (c)(1)(ii), subpart C), more than the amount of the trip
limit set for black rockfish by Sec. 660.330(e) while that vessel is
fishing between the U.S.-Canada border and Cape Alava (48[deg]09'30''
N. lat.), or between Destruction Island (47[deg]40'00'' N. lat.) and
Leadbetter Point (46[deg]38'10'' N. lat.).
(b) Gear--(1) Possess, deploy, haul, or carry onboard a fishing
vessel subject to this subpart a set net, trap or pot, longline, or
commercial vertical hook-and-line that is not in compliance with the
gear restrictions in Sec. 660.330(b), subpart F, unless such gear is
the gear of another vessel that has been retrieved at sea and made
inoperable or stowed in a manner not capable of being fished. The
disposal at sea of such gear is prohibited by Annex V of the
International Convention for the Prevention of Pollution From Ships,
1973 (Annex V of MARPOL 73/78).
(2) Fish with dredge gear (defined in Sec. 660.11) anywhere within
EFH within the EEZ, as defined by latitude/longitude coordinates at
Sec. 660.75.
(3) Fish with beam trawl gear (defined in Sec. 660.11) anywhere
within EFH within the EEZ, as defined by latitude/longitude coordinates
at Sec. 660.75.
(4) Fish with bottom trawl gear with a footrope diameter greater
than 19 inches (48 cm) (including rollers, bobbins, or other material
encircling or tied along the length of the footrope) anywhere in EFH
within the EEZ, as defined by latitude/longitude coordinates at Sec.
660.75.
(c) Fishing in conservation areas with open access gears--(1)
Operate a vessel with non-groundfish trawl gear onboard in any
applicable GCA (as defined at Sec. 660.330(d)) except for purposes of
continuous transiting, with all trawl gear stowed in accordance with
Sec. 660.330 (b), or except as authorized in the groundfish management
measures published at Sec. 660.330.
(2) Operate a vessel in an applicable GCA (as defined at Sec.
660.330(d) that has nontrawl gear onboard and is not registered to a
limited entry permit on a trip in which the vessel is used to take and
retain or possess groundfish in the EEZ, possess or land groundfish
taken in the EEZ, except for purposes of continuous transiting, with
all groundfish nontrawl gear stowed in accordance with Sec.
660.330(b), or except as authorized in the groundfish management
measures published at Sec. 660.330.
(3) Fish with bottom contact gear (as defined in Sec. 660.11,
subpart C) within the EEZ in the following areas (defined in Sec. Sec.
660.78 and 660.79): Thompson Seamount, President Jackson Seamount,
Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock,
Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock,
Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara.
(4) Fish with bottom contact gear (as defined in Sec. 660.11,
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75).
Sec. 660.313 Open access fishery--recordkeeping and reporting.
(a) General. General reporting requirements specified at Sec.
660.13 (a) through (c) of subpart C apply to open access fisheries.
(b) Declaration reports for vessels using nontrawl gear.
Declaration
[[Page 33088]]
reporting requirements for open access vessels using nontrawl gear (all
types of open access gear other than non-groundfish trawl gear) are
specified at Sec. 660.13(d).
(c) Declaration reports for vessels using non-groundfish trawl
gear. Declaration reporting requirements for open access vessels using
non-groundfish trawl gear are specified at Sec. 660.13(d).
(d) VMS requirements for open access fishery vessels. VMS
requirements for open access fishery vessels are specified at Sec.
660.14, subpart C.
(e) Retention of records. Any person landing groundfish must retain
on board the vessel from which groundfish is landed, and provide to an
authorized officer upon request, copies of any and all reports of
groundfish landings containing all data, and in the exact manner,
required by the applicable state law throughout the cumulative limit
period during which a landing occurred and for 15 days thereafter.
Sec. 660.316 Open access fishery--observer requirements.
(a) Observer coverage requirements. When NMFS notifies the owner,
operator, permit holder, or the manager of a catcher vessel, specified
at Sec. 660.16 (c), subpart C, of any requirement to carry an
observer, the catcher vessel may not be used to fish for groundfish
without carrying an observer.
(b) Notice of departure--basic rule. At least 24 hours (but not
more than 36 hours) before departing on a fishing trip, a vessel that
has been notified by NMFS that it is required to carry an observer, or
that is operating in an active sampling unit, must notify NMFS (or its
designated agent) of the vessel's intended time of departure. Notice
will be given in a form to be specified by NMFS.
(1) Optional notice--weather delays. A vessel that anticipates a
delayed departure due to weather or sea conditions may advise NMFS of
the anticipated delay when providing the basic notice described in
paragraph (b) of this section. If departure is delayed beyond 36 hours
from the time the original notice is given, the vessel must provide an
additional notice of departure not less than 4 hours prior to
departure, in order to enable NMFS to place an observer.
(2) Optional notice--back-to-back fishing trips. A vessel that
intends to make back-to-back fishing trips (i.e., trips with less than
24 hours between offloading from one trip and beginning another), may
provide the basic notice described in paragraph (b) of this section for
both trips, prior to making the first trip. A vessel that has given
such notice is not required to give additional notice of the second
trip.
(c) Cease fishing report. Within 24 hours of ceasing the taking and
retaining of groundfish, vessel owners, operators, or managers must
notify NMFS or its designated agent that fishing has ceased. This
requirement applies to any vessel that is required to carry an
observer, or that is operating in a segment of the fleet that NMFS has
identified as an active sampling unit.
(d) Waiver. The Northwest Regional Administrator may provide
written notification to the vessel owner stating that a determination
has been made to temporarily waive coverage requirements because of
circumstances that are deemed to be beyond the vessel's control.
(e) Vessel responsibilities--(1) Accommodations and food. An
operator of a vessel required to carry one or more observer(s) must
provide accommodations and food that are equivalent to those provided
to the crew.
(2) Safe conditions. Maintain safe conditions on the vessel for the
protection of observer(s) including adherence to all USCG and other
applicable rules, regulations, or statutes pertaining to safe operation
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this
chapter.
(3) Observer communications. Facilitate observer communications by:
(i) Observer use of equipment. Allowing observer(s) to use the
vessel's communication equipment and personnel, on request, for the
entry, transmission, and receipt of work-related messages, at no cost
to the observer(s) or the U.S. or designated agent.
(ii) Functional equipment. Ensuring that the vessel's
communications equipment, used by observers to enter and transmit data,
is fully functional and operational.
(4) Vessel position. Allow observer(s) access to, and the use of,
the vessel's navigation equipment and personnel, on request, to
determine the vessel's position.
(5) Access. Allow observer(s) free and unobstructed access to the
vessel's bridge, trawl or working decks, holding bins, processing
areas, freezer spaces, weight scales, cargo holds, and any other space
that may be used to hold, process, weigh, or store fish or fish
products at any time.
(6) Prior notification. Notify observer(s) at least 15 minutes
before fish are brought on board, or fish and fish products are
transferred from the vessel, to allow sampling the catch or observing
the transfer, unless the observer specifically requests not to be
notified.
(7) Records. Allow observer(s) to inspect and copy any state or
Federal logbook maintained voluntarily or as required by regulation.
(8) Assistance. Provide all other reasonable assistance to enable
observer(s) to carry out their duties, including, but not limited to:
(i) Measuring decks, codends, and holding bins.
(ii) Providing the observer(s) with a safe work area.
(iii) Collecting bycatch when requested by the observer(s).
(iv) Collecting and carrying baskets of fish when requested by the
observer(s).
(v) Allowing the observer(s) to collect biological data and
samples.
(vi) Providing adequate space for storage of biological samples.
(f) Sample station--(1) Observer sampling station. This paragraph
contains the requirements for observer sampling stations. The vessel
owner must provide an observer sampling station that complies with this
section so that the observer can carry out required duties.
(i) Accessibility. The observer sampling station must be available
to the observer at all times.
(ii) Location. The observer sampling station must be located within
4 m of the location from which the observer samples unsorted catch.
Unobstructed passage must be provided between the observer sampling
station and the location where the observer collects sample catch.
Sec. 660.319 Open access fishery gear identification and marking.
(a) Gear identification--(1) Open access fixed gear (longline, trap
or pot, set net and stationary hook-and-line gear, including commercial
vertical hook-and-line gear) must be marked at the surface and at each
terminal end, with a pole, flag, light, radar reflector, and a buoy.
(2) Open access commercial vertical hook-and-line gear that is
closely tended as defined at Sec. 660.311 of this subpart, may be
marked only with a single buoy of sufficient size to float the gear.
(3) A buoy used to mark fixed gear under paragraph (a)(1) or (a)(2)
of this section must be marked with a number clearly identifying the
owner or operator of the vessel. The number may be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
[[Page 33089]]
undocumented vessel, the vessel registration number issued by the
state.
(b) [Reserved]
Sec. 660.320 Open access fishery--crossover provisions.
(a) Operating in both limited entry and open access fisheries. See
provisions at Sec. 660.60, subpart C.
(b) Operating in north-south management areas with different trip
limits. NMFS uses different types of management areas for West Coast
groundfish management. One type of management area is the north-south
management area, a large ocean area with northern and southern boundary
lines wherein trip limits, seasons, and conservation areas follow a
single theme. Within each north-south management area, there may be one
or more conservation areas, detailed in Sec. Sec. 660.11, subpart C,
and 660.70, subpart C, through 660.74. The provisions within this
paragraph apply to vessels operating in different north-south
management areas. Trip limits for a species or a species group may
differ in different north-south management areas along the coast. The
following ``crossover'' provisions apply to vessels operating in
different geographical areas that have different cumulative or ``per
trip'' trip limits for the same species or species group. Such
crossover provisions do not apply to species that are subject only to
daily trip limits, or to the trip limits for black rockfish off
Washington (see Sec. 660.330(e)).
(1) Going from a more restrictive to a more liberal area. If a
vessel takes and retains any groundfish species or species group of
groundfish in an area where a more restrictive trip limit applies
before fishing in an area where a more liberal trip limit (or no trip
limit) applies, then that vessel is subject to the more restrictive
trip limit for the entire period to which that trip limit applies, no
matter where the fish are taken and retained, possessed, or landed.
(2) Going from a more liberal to a more restrictive area. If a
vessel takes and retains a groundfish species or species group in an
area where a higher trip limit or no trip limit applies, and takes and
retains, possesses or lands the same species or species group in an
area where a more restrictive trip limit applies, that vessel is
subject to the more restrictive trip limit for the entire period to
which that trip limit applies, no matter where the fish are taken and
retained, possessed, or landed.
(3) Operating in two different areas where a species or species
group is managed with different types of trip limits. During the
fishing year, NMFS may implement management measures for a species or
species group that set different types of trip limits (for example, per
trip limits versus cumulative trip limits) for different areas. If a
vessel fishes for a species or species group that is managed with
different types of trip limits in two different areas within the same
cumulative limit period, then that vessel is subject to the most
restrictive overall cumulative limit for that species, regardless of
where fishing occurs.
(4) Minor rockfish. Several rockfish species are designated with
species-specific limits on one side of the 40[deg]10' N. lat.
management line, and are included as part of a minor rockfish complex
on the other side of the line. A vessel that takes and retains fish
from a minor rockfish complex (nearshore, shelf, or slope) on both
sides of a management line during a single cumulative limit period is
subject to the more restrictive cumulative limit for that minor
rockfish complex during that period.
(i) If a vessel takes and retains minor slope rockfish north of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land splitnose rockfish up to its cumulative limit south of
40[deg]10' N. lat., even if splitnose rockfish were a part of the
landings from minor slope rockfish taken and retained north of
40[deg]10' N. lat.
(ii) If a vessel takes and retains minor slope rockfish south of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land POP up to its cumulative limit north of 40[deg]10' N.
lat., even if POP were a part of the landings from minor slope rockfish
taken and retained south of 40[deg]10' N. lat.
(v) ``DTS complex.'' There are often differential trawl trip limits
for the ``DTS complex'' north and south of latitudinal management
lines. Vessels operating in the limited entry trawl fishery are subject
to the crossover provisions in this paragraph when making landings that
include any one of the four species in the ``DTS complex.''
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in Tables 3
(North) and 3 (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79, subpart C). Unless otherwise
specified, a vessel operating in the open access fishery is subject to,
and must not exceed any trip limit, frequency limit, and/or size limit
for the open access fishery. Cowcod retention is prohibited in all
fisheries and groundfish vessels operating south of Point Conception
must adhere to CCA restrictions (see paragraph (d)(11) of this section
and Sec. 660.70, Subpart C). Retention of yelloweye rockfish and
canary rockfish is prohibited in all open access fisheries. For
information on the open access daily/weekly trip limit fishery for
sablefish, see Sec. 660.332 and the trip limits in Tables 3 (North)
and 3 (South) of this subpart. Open access vessels are subject to daily
or weekly sablefish limits in addition to cumulative limits for each
cumulative limit period. Only one sablefish landing per week may be
made in excess of the daily trip limit and, if the vessel chooses to
make a landing in excess of that daily trip limit, then that is the
only sablefish landing permitted for that week. The trip limit for
black rockfish caught with hook-and-line gear also applies, see
paragraph (e) of this section. Open access vessels that fish with non-
groundfish trawl gear or in the salmon troll fishery north of 40[deg]
10' N. lat. are subject to the cumulative limits and closed areas
(except the pink shrimp fishery which is not subject to RCA
restrictions) listed in Tables 3 (North) and 3 (South) of this subpart.
Federal commercial groundfish regulations are not intended to supersede
any more restrictive state commercial groundfish regulations relating
to federally managed groundfish.
(b) Gear restrictions. Open access gear includes longline, trap,
pot, hook-and-line (fixed or mobile), setnet (anchored gillnet or
trammel net, which are permissible south of 38[deg] N. lat. only),
spear and non-groundfish trawl gear (trawls used to target non-
groundfish species: pink shrimp or ridgeback prawns, and, south of Pt.
Arena, CA (38[deg]57.50' N. lat.), California halibut or sea
cucumbers). Restrictions for gears used in the open access fisheries
are as follows:
(1) Non-groundfish trawl gear. Non-groundfish trawl gear is
generally trawl gear used to target pink shrimp, ridgeback prawn,
California halibut and sea cucumber and is exempt from the limited
entry trawl gear restrictions at Sec. 660.130(b). The following gear
restrictions apply to non-groundfish trawl gear:
(i) Bottom trawl gear with a footrope diameter greater than 19
inches (48 cm) (including rollers, bobbins, or other material
encircling or tied along the length of the footrope) is prohibited
anywhere in EFH within the EEZ, as defined by latitude/longitude
coordinates at Sec. 660.75 unless such gear
[[Page 33090]]
is the gear of another vessel that has been retrieved at sea and made
inoperable or stowed in a manner not capable of being fished. The
disposal at sea of such gear is prohibited by Annex V of the
International Convention for the Prevention of Pollution From Ships,
1973 (Annex V of MARPOL 73/78).
(ii) [Reserved]
(2) Fixed gear--(i) Fixed gear (longline, trap or pot, set net and
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be attended at least once every 7 days.
(ii) Set nets. Fishing for groundfish with set nets is prohibited
in the fishery management area north of 38[deg]00.00' N. lat.
(iii) Traps or pots. Traps must have biodegradable escape panels
constructed with 21 or smaller untreated cotton twine in such a manner
that an opening at least 8 inches (20.3 cm) in diameter results when
the twine deteriorates.
(iv) Spears. Spears may be propelled by hand or by mechanical
means.
(c) Sorting. Under Sec. 660.12(a)(8), subpart C, it is unlawful
for any person to ``fail to sort, prior to the first weighing after
offloading, those groundfish species or species groups for which there
is a trip limit, size limit, scientific sorting designation, quota,
harvest guideline, or OY, if the vessel fished or landed in an area
during a time when such trip limit, size limit, scientific sorting
designation, quota, harvest guideline, or OY applied.'' The States of
Washington, Oregon, and California may also require that vessels record
their landings as sorted on their state landing receipts. For open
access vessels, the following species must be sorted:
(1) Coastwide--widow rockfish, canary rockfish, darkblotched
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth
flounder, petrale sole, starry flounder, English sole, other flatfish,
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other
fish, Pacific whiting, and Pacific sanddabs;
(2) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
(3) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish,
minor deeper nearshore rockfish, chilipepper rockfish, bocaccio
rockfish, splitnose rockfish, cowcod, bronzespotted rockfish and
cabezon.
(d) Groundfish conservation areas affecting open access vessels. A
GCA, a type of closed area, is a geographic area defined by coordinates
expressed in degrees of latitude and longitude. A vessel that is
authorized by this paragraph to fish within a GCA (e.g. fishing for
``other flatfish'' using no more than 12 hooks, ``Number 2'' or
smaller), may not simultaneously have other gear on board the vessel
that is unlawful to use for fishing within the GCA. The following GCAs
apply to vessels participating in the open access groundfish fishery.
(1) North coast recreational yelloweye rockfish conservation area.
The latitude and longitude coordinates of the North Coast Recreational
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. The North Coast Recreational YRCA is
designated as an area to be avoided (a voluntary closure) by commercial
fixed gear fishers.
(2) North coast commercial yelloweye rockfish conservation area.
The latitude and longitude coordinates of the North Coast Commercial
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. Fishing with open access gear is prohibited
within the North Coast Commercial YRCA. It is unlawful to take and
retain, possess, or land groundfish taken with open access gear within
the North Coast Commercial YRCA. Open access vessels may transit
through the North Coast Commercial YRCA with or without groundfish on
board.
(3) South coast recreational yelloweye rockfish conservation area.
The latitude and longitude coordinates of the South Coast Recreational
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. The South Coast Recreational YRCA is
designated as an area to be avoided (a voluntary closure) by commercial
fixed gear fishers.
(4) Westport offshore recreational YRCA. The latitude and longitude
coordinates that define the Westport Offshore Recreational YRCA
boundaries are specified at Sec. 660.70, subpart C. The Westport
Offshore Recreational YRCA is designated as an area to be avoided (a
voluntary closure) by commercial fixed gear fishers.
(5) Point St. George YRCA. The latitude and longitude coordinates
of the Point St. George YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with open access gear is prohibited within the Point
St. George YRCA, on dates when the closure is in effect. It is unlawful
to take and retain, possess, or land groundfish taken with open access
gear within the Point St. George YRCA, on dates when the closure is in
effect. The closure is not in effect at this time, and commercial
fishing for groundfish is open within the Point St. George YRCA from
January 1 through December 31. This closure may be imposed through
inseason adjustment. Open access vessels may transit through the Point
St. George YRCA, at any time, with or without groundfish on board.
(6) South Reef YRCA. The latitude and longitude coordinates of the
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with open access gear is prohibited within the South Reef YRCA,
on dates when the closure is in effect. It is unlawful to take and
retain, possess, or land groundfish taken with open access gear within
the South Reef YRCA, on dates when the closure is in effect. The
closure is not in effect at this time, and commercial fishing for
groundfish is open within the South Reef YRCA from January 1 through
December 31. This closure may be imposed through inseason adjustment.
Open access gear vessels may transit through the South Reef YRCA, at
any time, with or without groundfish on board.
(7) Reading Rock YRCA. The latitude and longitude coordinates of
the Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart
C. Fishing with open access gear is prohibited within the Reading Rock
YRCA, on dates when the closure is in effect. It is unlawful to take
and retain, possess, or land groundfish taken with open access gear
within the Reading Rock YRCA, on dates when the closure is in effect.
The closure is not in effect at this time, and commercial fishing for
groundfish is open within the Reading Rock YRCA from January 1 through
December 31. This closure may be imposed through inseason adjustment.
Open access gear vessels may transit through the Reading Rock YRCA, at
any time, with or without groundfish on board.
(8) Point Delgada (North) YRCA. The latitude and longitude
coordinates of the Point Delgada (North) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited
within the Point Delgada (North) YRCA, on dates when the closure is in
effect. It is unlawful to take and retain, possess, or land groundfish
taken with open access gear within the Point Delgada (North) YRCA, on
dates when the closure is in effect. The closure is not in effect at
this time, and commercial fishing for groundfish is open within the
Point Delgada (North) YRCA from January 1 through December 31. This
closure may be imposed through inseason adjustment. Open access gear
vessels may transit through the Point Delgada (North) YRCA, at any
[[Page 33091]]
time, with or without groundfish on board.
(9) Point Delgada (South) YRCA. The latitude and longitude
coordinates of the Point Delgada (South) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited
within the Point Delgada (South) YRCA, on dates when the closure is in
effect. It is unlawful to take and retain, possess, or land groundfish
taken with open access gear within the Point Delgada (South) YRCA, on
dates when the closure is in effect. The closure is not in effect at
this time, and commercial fishing for groundfish is open within the
Point Delgada (South) YRCA from January 1 through December 31. This
closure may be imposed through inseason adjustment. Open access gear
vessels may transit through the Point Delgada (South) YRCA, at any
time, with or without groundfish on board.
(10) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The
latitude and longitude coordinates of the Salmon Troll YRCA boundaries
are specified in the groundfish regulations at Sec. 660.70, subpart C,
and in the salmon regulations at Sec. 660.405. Fishing with salmon
troll gear is prohibited within the Salmon Troll YRCA. It is unlawful
for commercial salmon troll vessels to take and retain, possess, or
land fish taken with salmon troll gear within the Salmon Troll YRCA.
Open access vessels may transit through the Salmon Troll YRCA with or
without fish on board.
(11) Cowcod Conservation Areas (CCAs). The latitude and longitude
coordinates of the CCAs boundaries are specified at Sec. 660.70,
subpart C. It is unlawful to take and retain, possess, or land
groundfish within the CCAs, except for species authorized in this
paragraph caught according to gear requirements in this paragraph, when
those waters are open to fishing. Commercial fishing vessels may
transit through the Western CCA with their gear stowed and groundfish
on board only in a corridor through the Western CCA bounded on the
north by the latitude line at 33[deg]00.50[min] N. lat., and bounded on
the south by the latitude line at 32[deg]59.50[min] N. lat. Fishing
with open access gear is prohibited in the CCAs, except as follows:
(i) Fishing for ``other flatfish'' is permitted within the CCAs
under the following conditions: When using no more than 12 hooks,
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches)
point to shank, and up to two 1-lb (0.45 kg) weights per line; and
provided a valid declaration report as required at Sec. 660.12(d),
subpart C, has been filed with NMFS OLE.
(ii) Fishing for rockfish and lingcod is permitted shoreward of the
20 fm (37 m) depth contour within the CCAs when trip limits authorize
such fishing, and provided a valid declaration report as required at
Sec. 660.12(d), subpart C, has been filed with NMFS OLE.
(12) Nontrawl rockfish conservation areas for the open access
fisheries. The nontrawl RCAs are closed areas, defined by specific
latitude and longitude coordinates (specified at Sec. Sec. 660.70
through 660.74, subpart C) designed to approximate specific depth
contours, where fishing for groundfish with nontrawl gear is
prohibited. Boundaries for the nontrawl RCA throughout the year are
provided in the open access trip limit tables, Table 3 (North) and
Table 3 (South) of this subpart and may be modified by NMFS inseason
pursuant to Sec. 660.60(c).
(i) It is unlawful to operate a vessel in the nontrawl RCA that has
nontrawl gear onboard and is not registered to a limited entry permit
on a trip in which the vessel is used to take and retain or possess
groundfish in the EEZ, or land groundfish taken in the EEZ, except for
the purpose of continuous transiting, or when the use of nontrawl gear
is authorized in part 660.
(ii) On any trip on which a groundfish species is taken with
nontrawl open access gear and retained, the open access nontrawl vessel
may transit through the nontrawl RCA only if all groundfish nontrawl
gear is stowed either: Below deck; or if the gear cannot readily be
moved, in a secured and covered manner, detached from all lines, so
that it is rendered unusable for fishing.
(iii) The nontrawl RCA restrictions in this section apply to
vessels taking and retaining or possessing groundfish in the EEZ, or
landing groundfish taken in the EEZ. Unless otherwise authorized by
part 660, a vessel may not retain any groundfish taken on a fishing
trip for species other than groundfish that occurs within the nontrawl
RCA. If a vessel fishes in a non-groundfish fishery in the nontrawl
RCA, it may not participate in any fishing for groundfish on that trip
that is prohibited within the nontrawl RCA. [For example, if a vessel
fishes in the salmon troll fishery within the RCA, the vessel cannot on
the same trip fish in the sablefish fishery outside of the RCA.]
(iv) Fishing for ``other flatfish'' off California (between 42[deg]
N. lat. south to the U.S./Mexico border) is permitted within the
nontrawl RCA with fixed gear only under the following conditions: When
using no more than 12 hooks, ``Number 2'' or smaller, which measure no
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91
kg) weights per line when trip limits authorize such fishing; and
provided a valid declaration report as required at Sec. 660.12(d),
subpart C, has been filed with NMFS OLE.
(13) Non-groundfish trawl rockfish conservation areas for the open
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs
are closed areas, defined by specific latitude and longitude
coordinates (specified at Sec. Sec. 660.70 through 660.74, subpart C)
designed to approximate specific depth contours, where fishing for
groundfish with nontrawl gear is prohibited. Boundaries for the
nontrawl RCA throughout the year are provided in the open access trip
limit tables, Table 3 (North) and Table 3 (South) of this subpart and
may be modified by NMFS inseason pursuant to Sec. 660.60(c).
(i) It is unlawful to operate a vessel in the non-groundfish trawl
RCA with non-groundfish trawl gear onboard, except for the purpose of
continuous transiting, or when the use of trawl gear is authorized in
part 660. It is unlawful to take and retain, possess, or land
groundfish taken with non-groundfish trawl gear within the nontrawl
RCA, unless otherwise authorized in part 660.
(ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all
non-groundfish trawl gear is stowed either: Below deck; or if the gear
cannot readily be moved, in a secured and covered manner, detached from
all towing lines, so that it is rendered unusable for fishing; or
remaining on deck uncovered if the trawl doors are hung from their
stanchions and the net is disconnected from the doors.
(iii) The non-groundfish trawl RCA restrictions in this section
apply to vessels taking and retaining or possessing groundfish in the
EEZ, or landing groundfish taken in the EEZ. Unless otherwise
authorized by Part 660, it is unlawful for a vessel to retain any
groundfish taken on a fishing trip for species other than groundfish
that occurs within the non-groundfish trawl RCA. If a vessel fishes in
a non-groundfish fishery in the non-groundfish trawl RCA, it may not
participate in any fishing on that trip that is prohibited within the
non-groundfish trawl RCA. [For example, if a vessel fishes in the pink
shrimp fishery within the RCA, the vessel cannot on the same trip fish
in the DTS fishery seaward of the RCA.] Nothing in these Federal
regulations supersedes any state regulations that may prohibit
[[Page 33092]]
trawling shoreward of the fishery management area (3-200 nm).
(iv) It is lawful to fish with non-groundfish trawl gear within the
non-groundfish trawl RCA only under the following conditions:
(A) Pink shrimp trawling is permitted in the non-groundfish trawl
RCA when a valid declaration report as required at Sec. 660.12(d),
subpart C, has been filed with NMFS OLE. Groundfish caught with pink
shrimp trawl gear may be retained anywhere in the EEZ and are subject
to the limits in Table 3 (North) and Table 3 (South) of this subpart.
(B) When the shoreward line of the trawl RCA is shallower than 100
fm (183 m), vessels using ridgeback prawn trawl gear south of
34[deg]27.00[min] N. lat. may operate out to the 100 fm (183 m)
boundary line specified at Sec. 660.73 when a valid declaration report
as required at Sec. 660.12(d), subpart C, has been filed with NMFS
OLE. Groundfish caught with ridgeback prawn trawl gear are subject to
the limits in Table 3 (North) and Table 3 (South) of this subpart.
(14) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An exception to this
prohibition is that commercial fishing for ``other flatfish'' is
permitted around the Farallon Islands using no more than 12 hooks,
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches)
point to shank, and up to two 1-lb (0.45 kg) weights per line. (See
Table 2 (South) of this subpart.) For a definition of the Farallon
Islands, see Sec. 660.70, subpart C.
(15) Cordell banks. Commercial fishing for groundfish is prohibited
in waters of depths less than 100-fm (183-m) around Cordell Banks, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is permitted around Cordell Banks using no more
than 12 hooks, ``Number 2'' or smaller, which measure no more than 11
mm (0.44 inches) point to shank, and up to two 1-lb (0.45 kg) weights
per line.
(16) Essential fish habitat conservation areas (EFHCA). An EFHCA, a
type of closed area, is a geographic area defined by coordinates
expressed in degrees of latitude and longitude at Sec. Sec. 660.76
through 660.79, where specified types of fishing are prohibited in
accordance with Sec. 660.12, subpart C. EFHCAs apply to vessels using
bottom trawl gear and or vessels using ``bottom contact gear,'' which
is defined at Sec. 660.11, subpart C, and includes, but is not limited
to: Beam trawl, bottom trawl, dredge, fixed gear, set net, demersal
seine, dinglebar gear, and other gear (including experimental gear)
designed or modified to make contact with the bottom.
(i) The following EFHCAs apply to vessels operating within the EEZ
off the coasts of Washington, Oregon, and California with bottom trawl
gear:
(A) Seaward of a boundary line approximating the 700-fm (1280-m)
depth contour. Fishing with bottom trawl gear is prohibited in waters
of depths greater than 700 fm (1280 m) within the EFH, as defined by
specific latitude and longitude coordinates at Sec. Sec. 660.75 and
660.76.
(B) Shoreward of a boundary line approximating the 100-fm (183-m)
depth contour. Fishing with bottom trawl gear with a footrope diameter
greater than 8 inches (20 cm) is prohibited in waters shoreward of a
boundary line approximating the 100-fm (183-m) depth contour, as
defined by specific latitude and longitude coordinates at Sec. 660.73.
(C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl
gear is prohibited within the following EFHCAs, which are defined by
specific latitude and longitude coordinates at Sec. Sec. 660.77
through 660.78: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon,
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater,
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank,
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
(D) EFHCAs for all bottom trawl gear, except demersal seine gear.
Fishing with all bottom trawl gear except demersal seine gear (defined
at Sec. 660.11, subpart C) is prohibited within the following EFHCAs,
which are defined by specific latitude and longitude coordinates at
Sec. 660.79: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area,
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon
Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis,
East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within
Cowcod Conservation Area West), Catalina Island, Potato Bank (within
Cowcod Conservation Area West), Cherry Bank (within Cowcod Conservation
Area West), and Cowcod EFH Conservation Area East.
(E) EFHCAs for bottom contact gear, which includes bottom trawl
gear. Fishing with bottom contact gear is prohibited within the
following EFHCAs, which are defined by specific latitude and longitude
coordinates at Sec. Sec. 660.398-.399: Thompson Seamount, President
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point,
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington
Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point,
and Santa Barbara. Fishing with bottom contact gear is also prohibited
within the Davidson Seamount EFH Area, which is defined by specific
latitude and longitude coordinates at Sec. 660.75, subpart C.
(e) Black rockfish fishery management. The trip limit for black
rockfish (Sebastes melanops) for commercial fishing vessels using hook-
and-line gear between the U.S.-Canada border and Cape Alava
(48[deg]09.50' N. lat.), and between Destruction Island (47[deg]40' N.
lat.) and Leadbetter Point (46[deg]38.17' N. lat.), is 100-lbs (45 kg)
or 30 percent, by weight of all fish on board, whichever is greater,
per vessel per fishing trip. These per trip limits apply to limited
entry and open access fisheries, in conjunction with the cumulative
trip limits and other management measures in Sec. Sec. 660.230 and
660.330. The crossover provisions in Sec. 660.60(h)(7), subpart C, do
not apply to the black rockfish per-trip limits.
Sec. 660.332 Open access daily trip limit (DTL) fishery for
sablefish.
(a) Open access DTL fisheries both north and south of 36[deg] N.
lat. Open access vessels may fish in the open access, daily trip limit
fishery for as long as that fishery is open during the year, subject to
the routine management measures imposed under Sec. 660.60, subpart C.
(b) Trip limits--(1) Daily and/or weekly trip limits for the open
access fishery north and south of 36[deg] N. lat. are provided in
Tables 3 (North) and 3 (South) of this subpart.
(2) Trip and/or frequency limits may be imposed in the limited
entry fishery on vessels that are not participating in the primary
season under Sec. 660.60, subpart C.
(3) Trip and/or size limits to protect juvenile sablefish in the
limited entry or open-access fisheries also may be imposed at any time
under Sec. 660.60, subpart C.
(4) Trip limits may be imposed in the open access fishery at any
time under Sec. 660.60, subpart C.
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures.
(a) General. Groundfish taken with non-groundfish trawl gear by
vessels engaged in fishing for pink shrimp, ridgeback prawns,
California halibut, or
[[Page 33093]]
sea cucumbers. Trip limits for groundfish retained in the ridgeback
prawn, California halibut, or sea cucumber fisheries are in the open
access trip limit table, Table 3 (South) of this subpart. Trip limits
for groundfish retained in the pink shrimp fishery are in Tables 3
(North) and 3 (South) of this subpart. The table also generally
describes the RCAs for vessels participating in these fisheries.
(b) Participation in the ridgeback prawn fishery. A trawl vessel
will be considered participating in the ridgeback prawn fishery if:
(1) It is not registered to a valid Federal limited entry
groundfish permit issued under Sec. 660.25(b) for trawl gear; and
(2) The landing includes ridgeback prawns taken in accordance with
California Fish and Game Code, section 8595, which states: ``Prawns or
shrimp may be taken for commercial purposes with a trawl net, subject
to Article 10 (commencing with Section 8830) of Chapter 3.''
(c) Participation in the California halibut fishery--(1) A trawl
vessel will be considered participating in the California halibut
fishery if:
(i) It is not registered to a valid Federal limited entry
groundfish permit issued under Sec. 660. 25(b) for trawl gear;
(ii) All fishing on the trip takes place south of Pt. Arena, CA
(38[deg]57.50' N. lat.); and
(iii) The landing includes California halibut of a size required by
California Fish and Game Code section 8392, which states: ``No
California halibut may be taken, possessed or sold which measures less
than 22 in (56 cm) in total length, unless it weighs 4-lb (1.8144 kg)
or more in the round, 3 and one-half lbs (1.587 kg) or more dressed
with the head on, or 3-lbs (1.3608 kg) or more dressed with the head
off. Total length means the shortest distance between the tip of the
jaw or snout, whichever extends farthest while the mouth is closed, and
the tip of the longest lobe of the tail, measured while the halibut is
lying flat in natural repose, without resort to any force other than
the swinging or fanning of the tail.''
(2) [Reserved]
(d) Participation in the sea cucumber fishery. A trawl vessel will
be considered to be participating in the sea cucumber fishery if:
(1) It is not registered to a valid Federal limited entry
groundfish permit issued under Sec. 660. 25(b) for trawl gear;
(2) All fishing on the trip takes place south of Pt. Arena, CA
(38[deg]57.50' N. lat.); and
(3) The landing includes sea cucumbers taken in accordance with
California Fish and Game Code, section 8405, which requires a permit
issued by the State of California.
(e) Groundfish taken with non-groundfish trawl gear by vessels
engaged in fishing for pink shrimp. Notwithstanding Sec. 660.60(h)(7),
a vessel that takes and retains pink shrimp and also takes and retains
groundfish in either the limited entry or another open access fishery
during the same applicable cumulative limit period that it takes and
retains pink shrimp (which may be 1 month or 2 months, depending on the
fishery and the time of year), may retain the larger of the two limits,
but only if the limit(s) for each gear or fishery are not exceeded when
operating in that fishery or with that gear. The limits are not
additive; the vessel may not retain a separate trip limit for each
fishery.
5. Redesignate Sec. 660.390 through Sec. 660.399, subpart G as
Sec. 660.70 through Sec. 660.79, subpart C, as follows:
----------------------------------------------------------------------------------------------------------------
Old section New section
----------------------------------------------------------------------------------------------------------------
Sec. 660.390................................ Sec. 660.70.
Sec. 660.391................................ Sec. 660.71.
Sec. 660.392................................ Sec. 660.72.
Sec. 660.393................................ Sec. 660.73.
Sec. 660.394................................ Sec. 660.74.
Sec. 660.395................................ Sec. 660.75.
Sec. 660.396................................ Sec. 660.76.
Sec. 660.397................................ Sec. 660.77.
Sec. 660.398................................ Sec. 660.78.
Sec. 660.399................................ Sec. 660.79.
----------------------------------------------------------------------------------------------------------------
6. Redesignate Tables 1a through 2c to part 660, subpart G as
Tables 1a through 2c to part 660, subpart C, as follows:
------------------------------------------------------------------------
Old table New table
------------------------------------------------------------------------
Table 1a to part 660, subpart G........... Table 1a to part 660,
subpart C.
Table 1b to part 660, subpart G........... Table 1b to part 660,
subpart C.
Table 1c to part 660, subpart G........... Table 1c to part 660,
subpart C.
Table 2a to part 660, subpart G........... Table 2a to part 660,
subpart C.
Table 2b to part 660, subpart G........... Table 2b to part 660,
subpart C.
Table 2c to part 660, subpart G........... Table 2c to part 660,
subpart C.
------------------------------------------------------------------------
7. Redesignate Table 3 (North) and Table 3 (South) to part 660,
subpart G as Table 1 (North) through Table 1 (South) to part 660,
subpart D, as follows:
------------------------------------------------------------------------
Old table New table
------------------------------------------------------------------------
Table 3 (North) to part 660, subpart G.... Table 1 (North) to part 660,
subpart D.
Table 3 (South) to part 660, subpart G.... Table 1 (South) to part 660,
subpart D.
------------------------------------------------------------------------
8. Redesignate Table 4 (North) and Table 4 (South) to part 660,
subpart G as Table 1 (North) through Table 1 (South) to part 660,
subpart E, as follows:
------------------------------------------------------------------------
Old table New table
------------------------------------------------------------------------
Table 1 (North) to part 660, subpart G.... Table 1 (North) to part 660,
subpart E.
Table 1 (South) to part 660, subpart G.... Table 1 (South) to part 660,
subpart E.
------------------------------------------------------------------------
9. Redesignate Table 5 (North) and Table 5 (South) to part 660,
subpart G as Table 1 (North) through Table 1 (South) to part 660,
subpart F, as follows:
------------------------------------------------------------------------
Old table New table
------------------------------------------------------------------------
Table 1 (North) to part 660, subpart G.... Table 1 (North) to part 660,
subpart F.
Table 1 (South) to part 660, subpart G.... Table 1 (South) to part 660,
subpart F.
------------------------------------------------------------------------
10. Redesignate Figure 1 to subpart G of part 660 as Figure 1 to
subpart D of part 660.
11. Redesignate Table 2 to part 660 as Table 3 to part 660, subpart
C.
12. Revise subpart G to part 660 to read as follows:
Subpart G--West Coast Groundfish--Recreational Fisheries
Sec.
660.350 Purpose and scope.
660.351 Recreational fishery--definitions.
660.352 Recreational fishery--prohibitions.
660.353 Recreational fishery--recordkeeping and reporting.
660.360 Recreational fishery--management measures.
Subpart G--West Coast Groundfish--Recreational Fisheries
Sec. 660.350 Purpose and scope.
This subpart covers the Pacific Coast Groundfish recreational
fishery.
Sec. 660.351 Recreational fishery--definitions.
These definitions are specific to the recreational fisheries
covered in this subpart. General groundfish definitions are defined at
Sec. 660.11, subpart C.
Bag limit means the number of fish available to an angler.
Boat limit means the number of fish available to for a vessel or
boat.
Hook limit means a limit on the number of hooks on any given
fishing line.
Sec. 660.352 Recreational fishery--prohibitions.
These prohibitions are specific to the recreational fisheries.
General
[[Page 33094]]
groundfish prohibitions are found at Sec. 660.12, subpart C. In
addition to the general groundfish prohibitions specified in Sec.
600.12, subpart C, of this chapter, it is unlawful for any person to:
(a) Sell, offer to sell, or purchase any groundfish taken in the
course of recreational groundfish fishing.
(b) Use fishing gear other than hook-and-line or spear for
recreational fishing.
Sec. 660.353 Recreational fishery--recordkeeping and reporting.
Recordkeeping and reporting requirements at Sec. 660.13 (a)
through (c), subpart C, apply to the recreational fishery.
Sec. 660.360 Recreational fishery--management measures.
(a) General. Federal recreational groundfish regulations are not
intended to supersede any more restrictive state recreational
groundfish regulations relating to federally-managed groundfish. The
bag limits include fish taken in both state and Federal waters.
(b) Gear restrictions. The only types of fishing gear authorized
for recreational fishing are hook-and-line and spear. Spears may be
propelled by hand or by mechanical means. More fishery-specific gear
restrictions may be required by state as noted in paragraph (c) of this
section (e.g. California's recreational ``other flatfish'' fishery).
(c) State-specific recreational fishery management measures.
Federal recreational groundfish regulations are not intended to
supersede any more restrictive State recreational groundfish
regulations relating to federally-managed groundfish. Off the coast of
Washington, Oregon, and California, boat limits apply, whereby each
fisher aboard a vessel may continue to use angling gear until the
combined daily limits of groundfish for all licensed and juvenile
anglers aboard has been attained (additional state restrictions on boat
limits may apply).
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is 15 groundfish per
day, including rockfish and lingcod, and is open year-round (except for
lingcod). In the Pacific halibut fisheries, retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. South of
Leadbetter Point, WA to the Washington/Oregon border, when Pacific
halibut are onboard the vessel, no groundfish may be taken and
retained, possessed or landed, except sablefish and Pacific cod. The
following sublimits and closed areas apply:
(i) Recreational Groundfish Conservation Areas off Washington--(A)
North Coast Recreational Yelloweye Rockfish Conservation Area.
Recreational fishing for groundfish and halibut is prohibited within
the North Coast Recreational Yelloweye Rockfish Conservation Area
(YRCA). It is unlawful for recreational fishing vessels to take and
retain, possess, or land groundfish taken with recreational gear within
the North Coast Recreational YRCA. A vessel fishing in the North Coast
Recreational YRCA may not be in possession of any groundfish.
Recreational vessels may transit through the North Coast Recreational
YRCA with or without groundfish on board. The North Coast Recreational
YRCA is defined by latitude and longitude coordinates specified at
Sec. 660.70, subpart C.
(B) South coast recreational yelloweye rockfish conservation area.
Recreational fishing for groundfish and halibut is prohibited within
the South Coast Recreational YRCA. It is unlawful for recreational
fishing vessels to take and retain, possess, or land groundfish taken
with recreational gear within the South Coast Recreational YRCA. A
vessel fishing in the South Coast Recreational YRCA may not be in
possession of any groundfish. Recreational vessels may transit through
the South Coast Recreational YRCA with or without groundfish on board.
The South Coast Recreational YRCA is defined by latitude and longitude
coordinates specified at Sec. 660.70, subpart C.
(C) Westport offshore recreational yelloweye rockfish conservation
area. Recreational fishing for groundfish and halibut is prohibited
within the Westport Offshore Recreational YRCA. It is unlawful for
recreational fishing vessels to take and retain, possess, or land
groundfish taken with recreational gear within the Westport Offshore
Recreational YRCA. A vessel fishing in the Westport Offshore
Recreational YRCA may not be in possession of any groundfish.
Recreational vessels may transit through the Westport Offshore
Recreational YRCA with or without groundfish on board. The Westport
Offshore Recreational YRCA is defined by latitude and longitude
coordinates specified at Sec. 660.70, subpart C.
(D) Recreational rockfish conservation area. Fishing for groundfish
with recreational gear is prohibited within the recreational RCA. It is
unlawful to take and retain, possess, or land groundfish taken with
recreational gear within the recreational RCA. A vessel fishing in the
recreational RCA may not be in possession of any groundfish. [For
example, if a vessel fishes in the recreational salmon fishery within
the RCA, the vessel cannot be in possession of groundfish while in the
RCA. The vessel may, however, on the same trip fish for and retain
groundfish shoreward of the RCA on the return trip to port.]
(1) Between the U.S. border with Canada and the Queets River,
recreational fishing for groundfish is prohibited seaward of a boundary
line approximating the 20-fm (37-m) depth contour from May 21 through
September 30, except on days when the Pacific halibut fishery is open
in this area. Days open to Pacific halibut recreational fishing off
Washington are announced on the NMFS hotline at (206) 526-6667 or (800)
662-9825. Coordinates for the boundary line approximating the 20-fm
(37-m) depth contour are listed in Sec. 660.71, subpart C.
(2) Between the Queets River and Leadbetter Point, recreational
fishing for groundfish is prohibited seaward of a boundary line
approximating the 30-fm (55-m) depth contour from March 15 through June
15, except that recreational fishing for sablefish and Pacific cod is
permitted within the recreational RCA from May 1 through June 15, and
on days that the primary halibut fishery is open lingcod may be taken,
retained and possessed seaward of the boundary line approximating the
30-fm (55-m) depth contour. Days open to Pacific halibut recreational
fishing off Washington are announced on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. Retention of lingcod seaward of the boundary
line approximating the 30-fm (55-m) depth contour south of 46[deg]58'
N. lat. is prohibited on Fridays and Saturdays from July 1 through
August 31. For additional regulations regarding the Washington
recreational lingcod fishery, see paragraph (c)(1)(iii) of this
section. Coordinates for the boundary line approximating the 30-fm (55-
m) depth contour are listed in Sec. 660.71.
(ii) Rockfish. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing, there is a 10 rockfish per day
bag limit. Taking and retaining canary rockfish and yelloweye rockfish
is prohibited.
(iii) Lingcod. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing and when the recreational
season for lingcod is open, there is a bag limit of 2 lingcod per day,
which may be no smaller than 22 in (56 cm) total length. The
recreational fishing season for lingcod is open as follows:
(A) Between the U.S./Canada border to 48[deg]10' N. lat. (Cape
Alava) (Washington Marine Area 4),
[[Page 33095]]
recreational fishing for lingcod is open, for 2009, from April 16
through October 15, and for 2010, from April 16 through October 15.
(B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat.
(Washington/Oregon border) (Washington Marine Areas 1-3), recreational
fishing for lingcod is open for 2009, from March 14 through October 17,
and for 2010, from March 13 through October 16.
(2) Oregon --(i) Recreational Groundfish Conservation Areas off
Oregon--(A) Stonewall Bank Yelloweye Rockfish Conservation Area.
Recreational fishing for groundfish and halibut is prohibited within
the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land groundfish taken with
recreational gear within the Stonewall Bank YRCA.A vessel fishing in
the Stonewall Bank YRCA may not be in possession of any groundfish.
Recreational vessels may transit through the Stonewall Bank YRCA with
or without groundfish on board. The Stonewall Bank YRCA is defined by
latitude and longitude coordinates specified at Sec. 660.70, subpart
C.
(B) Recreational rockfish conservation area. Fishing for groundfish
with recreational gear is prohibited within the recreational RCA, a
type of closed area or GCA. It is unlawful to take and retain, possess,
or land groundfish taken with recreational gear within the recreational
RCA. A vessel fishing in the recreational RCA may not be in possession
of any groundfish. [For example, if a vessel fishes in the recreational
salmon fishery within the RCA, the vessel cannot be in possession of
groundfish while in the RCA. The vessel may, however, on the same trip
fish for and retain groundfish shoreward of the RCA on the return trip
to port.] Off Oregon, from April 1 through September 30, recreational
fishing for groundfish is prohibited seaward of a recreational RCA
boundary line approximating the 40 fm (73 m) depth contour. Coordinates
for the boundary line approximating the 40 fm (73 m) depth contour are
listed at Sec. 660.71.
(C) Essential fish habitat conservation areas. The Essential Fish
Habitat Conservation Areas (EFHCAs) are closed areas, defined by
specific latitude and longitude coordinates at Sec. Sec. 660.76
through 660.79, where specified types of fishing are prohibited.
Prohibitions applying to specific EFHCAs are found at Sec. 660.12.
(ii) Seasons. Recreational fishing for groundfish is open from
January 1 through December 31, subject to the closed areas described in
paragraph (c) of this section.
(iii) Bag limits, size limits. The bag limits for each person
engaged in recreational fishing in the EEZ seaward of Oregon are three
lingcod per day, which may be no smaller than 22 in (56 cm) total
length; and 10 marine fish per day, which excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species and baitfish
(herring, smelt, anchovies and sardines), but which includes rockfish,
greenling, cabezon and other groundfish species. The bag limit for all
flatfish is 25 fish per day, which excludes Pacific halibut, but which
includes all soles, flounders and Pacific sanddabs. In the Pacific
halibut fisheries, retention of groundfish is governed in part by
annual management measures for Pacific halibut fisheries, which are
published in the Federal Register. Between the Oregon border with
Washington and Cape Falcon, when Pacific halibut are onboard the
vessel, groundfish may not be taken and retained, possessed or landed,
except sablefish and Pacific cod. Between Cape Falcon and Humbug
Mountain, during days open to the Oregon Central Coast ``all-depth''
sport halibut fishery, when Pacific halibut are onboard the vessel, no
groundfish may be taken and retained, possessed or landed, except
sablefish and Pacific cod. ``All-depth'' season days are established in
the annual management measures for Pacific halibut fisheries, which are
published in the Federal Register and are announced on the NMFS halibut
hotline, 1-800-662-9825. The minimum size limit for cabezon retained in
the recreational fishery is 16-in (41-cm), and for greenling is 10-in
(26-cm). Taking and retaining canary rockfish and yelloweye rockfish is
prohibited at all times and in all areas.
(3) California. Seaward of California, California law provides
that, in times and areas when the recreational fishery is open, there
is a 20-fish bag limit for all species of finfish, within which no more
than 10 fish of any one species may be taken or possessed by any one
person. [Note: There are some exceptions to this rule. The following
groundfish species are not subject to a bag limit: Petrale sole,
Pacific sanddab and starry flounder.] For groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish and the depth
restrictions at paragraph (c)(3)(i) of this section. Recreational
spearfishing for all federally-managed groundfish, except lingcod
during January, February, March, and December, is exempt from closed
areas and seasons, consistent with Title 14 of the California Code of
Regulations. This exemption applies only to recreational vessels and
divers provided no other fishing gear, except spearfishing gear, is on
board the vessel. California state law may provide regulations similar
to Federal regulations for the following state-managed species: Ocean
whitefish, California sheephead, and all greenlings of the genus
Hexagrammos. Kelp greenling is the only federally-managed greenling.
Retention of cowcod, yelloweye rockfish, and canary rockfish is
prohibited in the recreational fishery seaward of California all year
in all areas. For each person engaged in recreational fishing in the
EEZ seaward of California, the following closed areas, seasons, bag
limits, and size limits apply:
(i) Recreational groundfish conservation areas off California. A
Groundfish Conservation Area (GCA), a type of closed area, is a
geographic area defined by coordinates expressed in degrees latitude
and longitude. The following GCAs apply to participants in California's
recreational fishery.
(A) Recreational rockfish conservation areas. The recreational RCAs
are areas that are closed to recreational fishing for groundfish.
Fishing for groundfish with recreational gear is prohibited within the
recreational RCA, except that recreational fishing for ``other
flatfish'' is permitted within the recreational RCA as specified in
paragraph (c)(3)(iv) of this section. It is unlawful to take and
retain, possess, or land groundfish taken with recreational gear within
the recreational RCA, unless otherwise authorized in this section. A
vessel fishing in the recreational RCA may not be in possession of any
species prohibited by the restrictions that apply within the
recreational RCA. [For example, if a vessel fishes in the recreational
salmon fishery within the RCA, the vessel cannot be in possession of
rockfish while in the RCA. The vessel may, however, on the same trip
fish for and retain rockfish shoreward of the RCA on the return trip to
port.]
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10.00' N. lat. (North Region), recreational fishing for all
groundfish (except ``other flatfish'' as specified in paragraph
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m)
depth contour along the mainland coast and along islands and offshore
seamounts from May 15 through September 15; and is closed entirely from
January 1 through May 14 and from September 16 through December 31
(i.e., prohibited seaward of the shoreline).
[[Page 33096]]
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (North-
Central North of Point Arena Region), recreational fishing for all
groundfish (except ``other flatfish'' as specified in paragraph
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m)
depth contour along the mainland coast and along islands and offshore
seamounts from May 15 through August 15; and is closed entirely from
January 1 through May 14 and from August 16 through December 31 (i.e.,
prohibited seaward of the shoreline).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (North-
Central South of Point Arena Region), recreational fishing for all
groundfish (except ``other flatfish'' as specified in paragraph
(c)(3)(iv) of this section) is prohibited seaward of the boundary line
approximating the 30-fm (55-m) depth contour along the mainland coast
and along islands and offshore seamounts from June 13 through October
31; and is closed entirely from January 1 through June 12 and from
November 1 through December 31 (i.e., prohibited seaward of the
shoreline). Closures around the Farallon Islands (see paragraph
(c)(3)(i)(C) of this section) and Cordell Banks (see paragraph
(c)(3)(i)(D) of this section) also apply in this area. Coordinates for
the boundary line approximating the 30-fm (55-m) depth contour are
listed in Sec. 660.71.
(4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for all groundfish (except
``other flatfish'' as specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of a boundary line approximating the 40-
fm (73-m) depth contour along the mainland coast and along islands and
offshore seamounts from May 1 through November 15; and is closed
entirely from January 1 through April 30 and from November 16 through
December 31 (i.e., prohibited seaward of the shoreline). Coordinates
for the boundary line approximating the 40-fm (73-m) depth contour are
specified in Sec. 660.71.
(5) Between 36[deg] N. lat. and 34[deg]27' N. lat. (Morro Bay
South-Central Region), recreational fishing for all groundfish (except
``other flatfish'' as specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of a boundary line approximating the 40-
fm (73-m) depth contour along the mainland coast and along islands and
offshore seamounts from May 1 through November 15; and is closed
entirely from January 1 through April 30 and from November 16 through
December 31 (i.e., prohibited seaward of the shoreline). Coordinates
for the boundary line approximating the 40-fm (73-m) depth contour are
specified in Sec. 660.71.
(6) South of 34[deg]27' N. lat. (South Region), recreational
fishing for all groundfish (except California scorpionfish as specified
below in this paragraph and in paragraph (v) of this section and
``other flatfish'' as specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of a boundary line approximating the 60-
fm (110-m) depth contour from March 1 through December 31 along the
mainland coast and along islands and offshore seamounts, except in the
CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth
contour when the fishing season is open (see paragraph (c)(3)(i)(B) of
this section). Recreational fishing for all groundfish (except
California scorpionfish and ``other flatfish'') is closed entirely from
January 1 through February 28 (i.e., prohibited seaward of the
shoreline). Recreational fishing for California scorpionfish south of
34[deg]27' N. lat. is prohibited seaward of a boundary line
approximating the 40-fm (73-m) depth contour from January 1 through
February 28, and seaward of the 60-fm (110-m) depth contour from March
1 through December 31, except in the CCAs where fishing is prohibited
seaward of the 20-fm (37-m) depth contour when the fishing season is
open. Coordinates for the boundary line approximating the 40-fm (73-m)
and 60-fm (110-m) depth contours are specified in Sec. Sec. 660.71 and
660.72.
(B) Cowcod conservation areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.70, subpart C. In general, recreational fishing
for all groundfish is prohibited within the CCAs, except that fishing
for ``other flatfish'' is permitted within the CCAs as specified in
paragraph (c)(3)(iv) of this section. However, recreational fishing for
the following species is permitted shoreward of the 20 fm (37 m) depth
contour when the season for those species is open south of 34[deg]27'
N. lat.: Minor nearshore rockfish, cabezon, kelp greenling, lingcod,
California scorpionfish, and ``other flatfish'' (subject to gear
requirements at paragraph (c)(3)(iv) of this section during January-
February). [Note: California state regulations also permit recreational
fishing for California sheephead, ocean whitefish, and all greenlings
of the genus Hexagrammos shoreward of the 20 fm (37 m) depth contour in
the CCAs when the season for the RCG complex is open south of
34[deg]27' N. lat.] It is unlawful to take and retain, possess, or land
groundfish within the CCAs, except for species authorized in this
section.
(C) Farallon islands. Under California state law, recreational
fishing for groundfish is prohibited between the shoreline and the 10-
fm (18-m) depth contour around the Farallon Islands, except that
recreational fishing for ``other flatfish'' is permitted around the
Farallon Islands as specified in paragraph (c)(3)(iv) of this section.
(Note: California state regulations also prohibit the retention of
other greenlings of the genus Hexagrammos, California sheephead and
ocean whitefish.) For a definition of the Farallon Islands, see Sec.
660.70, subpart C.
(D) Cordell banks. Recreational fishing for groundfish is
prohibited in waters less than 100 fm (183 m) around Cordell Banks as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C, except that recreational fishing for ``other flatfish'' is
permitted around Cordell Banks as specified in paragraph (c)(3)(iv) of
this section. [Note: California state regulations also prohibit fishing
for all greenlings of the genus Hexagrammos, California sheephead and
ocean whitefish.]
(E) Point St. George Yelloweye Rockfish Conservation Area (YRCA).
Recreational fishing for groundfish is prohibited within the Point St.
George YRCA, as defined by latitude and longitude coordinates at Sec.
660.70, subpart C, on dates when the closure is in effect. The closure
is not in effect at this time, and recreational fishing for groundfish
is open within the Point St. George YRCA from January 1 through
December 31. This closure may be imposed through inseason adjustment.
(F) South Reef YRCA. Recreational fishing for groundfish is
prohibited within the South Reef YRCA, as defined by latitude and
longitude coordinates at Sec. 660.70, subpart C, on dates when the
closure is in effect. The closure is not in effect at this time, and
recreational fishing for groundfish is open within the South Reef YRCA
from January 1 through December 31. This closure may be imposed through
inseason adjustment.
(G) Reading Rock YRCA. Recreational fishing for groundfish is
prohibited within the Reading Rock YRCA, as defined by latitude and
longitude coordinates at Sec. 660.70, subpart C, on dates when the
closure is in effect. The closure is not in effect at this time, and
recreational fishing for groundfish is open within the Reading Rock
YRCA from January 1 through December 31. This closure may be imposed
through inseason adjustment.
(H) Point Delgada (North) YRCA. Recreational fishing for groundfish
is prohibited within the Point Delgada
[[Page 33097]]
(North) YRCA, as defined by latitude and longitude coordinates at Sec.
660.70, subpart C, on dates when the closure is in effect. The closure
is not in effect at this time, and recreational fishing for groundfish
is open within the Point Delgada (North) YRCA from January 1 through
December 31. This closure may be imposed through inseason adjustment.
(I) Point Delgada (South) YRCA. Recreational fishing for groundfish
is prohibited within the Point Delgada (South) YRCA, as defined by
latitude and longitude coordinates at Sec. 660.70, subpart C, on dates
when the closure is in effect. The closure is not in effect at this
time, and recreational fishing for groundfish is open within the Point
Delgada (South) YRCA from January 1 through December 31. This closure
may be imposed through inseason adjustment.
(J) Essential fish habitat conservation areas. The Essential Fish
Habitat Conservation Areas (EFHCAs) are closed areas, defined by
specific latitude and longitude coordinates at Sec. Sec. 660.76
through 660.79, subpart C where specified types of fishing are
prohibited. Prohibitions applying to specific EFHCAs are found at Sec.
660.12, subpart C.
(ii) RCG complex. The California rockfish, cabezon, greenling
complex (RCG Complex), as defined in state regulations (Section 1.91,
Title 14, California Code of Regulations), includes all rockfish, kelp
greenling, rock greenling, and cabezon. This category does not include
California scorpionfish, also known as ``sculpin''.
(A) Seasons. When recreational fishing for the RCG complex is open,
it is permitted only outside of the recreational RCAs described in
paragraph (c)(3)(i) of this section.
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10' N. lat. (North Region), recreational fishing for the RCG
complex is open from May 15 through September 15 (i.e., it's closed
from January 1 through May 14 and from September 16 through December
31).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (North
Central North of Point Arena Region), recreational fishing for the RCG
Complex is open from May 15 through August 15 (i.e., it's closed from
January 1 through May 14 and May 16 through December 31).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (North
Central South of Point Arena Region), recreational fishing for the RCG
complex is open from June 13 through October 31 (i.e., it's closed from
January 1 through June 12 and November 1 through December 31).
(4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for the RCG complex is open from
May 1 through November 15 (i.e., it's closed from January 1 through
April 30 and from November 16 through December 31).
(5) Between 36' N. lat. and 34[deg]27' N. lat. (Morro Bay South-
Central Region), recreational fishing for the RCG Complex is open from
May 1 through November 15 (i.e., it's closed from January 1 through
April 30 and from November 16 through December 31).
(6) South of 34[deg]27' N. lat. (South Region), recreational
fishing for the RCG Complex is open from March 1 through December 31
(i.e., it's closed from January 1 through February 28).
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for rockfish. The bag limit is 10 RCG
Complex fish per day coastwide. Retention of canary rockfish, yelloweye
rockfish, bronzespotted and cowcod is prohibited. Within the 10 RCG
Complex fish per day limit, no more than 2 may be bocaccio, no more
than 2 may be greenling (kelp and/or other greenlings) and no more than
2 may be cabezon. Multi-day limits are authorized by a valid permit
issued by California and must not exceed the daily limit multiplied by
the number of days in the fishing trip.
(C) Size limits. The following size limits apply: bocaccio may be
no smaller than 10 in (25 cm) total length; cabezon may be no smaller
than 15 in (38 cm) total length; and kelp and other greenling may be no
smaller than 12 in (30 cm) total length.
(D) Dressing/filleting. Cabezon, kelp greenling, and rock greenling
taken in the recreational fishery may not be filleted at sea. Rockfish
skin may not be removed when filleting or otherwise dressing rockfish
taken in the recreational fishery. The following rockfish filet size
limits apply: bocaccio filets may be no smaller than 5 in (12.8 cm) and
brown-skinned rockfish fillets may be no smaller than 6.5 in (16.6 cm).
``Brown-skinned'' rockfish include the following species: brown,
calico, copper, gopher, kelp, olive, speckled, squarespot, and
yellowtail.
(iii) Lingcod --(A) Seasons. When recreational fishing for lingcod
is open, it is permitted only outside of the recreational RCAs
described in paragraph (c)(3)(i) of this section.
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10.00' N. lat. (North Region), recreational fishing for lingcod
is open from May 15 through September 15 (i.e., it's closed from
January 1 through May 14 and from September 16 through December 31).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (North
Central North of Point Arena Region), recreational fishing for lingcod
is open from May 15 through August 15 (i.e., it's closed from January 1
through May 14 and May 16 through December 31).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (North
Central South of Point Arena Region), recreational fishing for lingcod
is open from June 13 through October 31 (i.e., it's closed from January
1 through June 12 and November 1 through December 31).
(4) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South-
Central Region), recreational fishing for lingcod is open from May 1
through November 15 (i.e., it's closed from January 1 through April 30
and from November 16 through December 31).
(5) Between 36' N. lat. and 34[deg]27' N. lat. (Morro Bay South-
Central Region), recreational fishing for lingcod is open from May 1
through November 15 (i.e., it's closed from January 1 through April 30
and from November 16 through December 31).
(6) South of 34[deg]27' N. lat. (South Region), recreational
fishing for lingcod is open from April 1 through November 30 (i.e.,
it's closed from January 1 through March 31 and from December 1 through
31).
(B) Bag limits, hook limits. In times and areas when the
recreational season for lingcod is open, there is a limit of 2 hooks
and 1 line when fishing for lingcod. The bag limit is 2 lingcod per
day. Multi-day limits are authorized by a valid permit issued by
California and must not exceed the daily limit multiplied by the number
of days in the fishing trip.
(C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total
length.
(D) Dressing/filleting. Lingcod filets may be no smaller than 16 in
(41 cm) in length.
(iv) ``Other flatfish''. Coastwide off California, recreational
fishing for ``other flatfish'' is permitted both shoreward of and
within the closed areas described in paragraph (c)(3)(i) of this
section. ``Other flatfish'' are defined at Sec. 660.11, subpart C, and
include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex
sole, rock sole, and sand sole. Recreational fishing for ``other
flatfish'' is permitted within the closed areas. ``Other flatfish,''
except Pacific sanddab, are subject to the overall 20-fish bag limit
for all species of finfish, of which there may be no more than 10 fish
of any one species. There is no season restriction or size limit for
``other flatfish;'' however, it is prohibited to filet ``other
flatfish'' at sea.
[[Page 33098]]
(v) California scorpionfish. California scorpionfish predominately
occur south of 40[deg]10' N. lat.
(A) Seasons. When recreational fishing for California scorpionfish
is open, it is permitted only outside of the recreational RCAs
described in paragraph (c)(3)(i) of this section.
(1) Between 40[deg]10' N. lat. and 37[deg]11' N. lat. (North
Central Region), recreational fishing for California scorpionfish is
open from June 1 through November 30 (i.e., it's closed from January 1
through May 31 and from December 1 through December 31).
(2) Between 37[deg]11' N. lat. and 36[deg] N. lat. (Monterey South
Central Region), recreational fishing for California scorpionfish is
open from May 1 through November 30 (i.e., it's closed from January 1
through April 30 and from December 1 through December 31).
(3) Between 36[deg] N. lat. and 34[deg]27' N. lat. (Morro Bay South
Central Region), recreational fishing for California scorpionfish is
open from May 1 through November 30 (i.e., it's closed from January 1
through April 30 and from December 1 through December 31).
(4) South of 34[deg]27' N. lat. (South Region), recreational
fishing for California scorpionfish is open from January 1 through
December 31.
(B) Bag limits, hook limits. South of 40[deg]10.00' N. lat., in
times and areas where the recreational season for California
scorpionfish is open, the bag limit is 5 California scorpionfish per
day. California scorpionfish do not count against the 10 RCG Complex
fish per day limit. Multi-day limits are authorized by a valid permit
issued by California and must not exceed the daily limit multiplied by
the number of days in the fishing trip.
(C) Size limits. California scorpionfish may be no smaller than 10
in (25 cm) total length.
(D) Dressing/Filleting. California scorpionfish filets may be no
smaller than 5-in (12.8 cm) and must bear an intact 1-in (2.6 cm)
square patch of skin.
[FR Doc. 2010-13312 Filed 6-1-10; 4:15 pm]
BILLING CODE 3510-22-P