[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Rules and Regulations]
[Pages 60868-60999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23246]
[[Page 60867]]
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Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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;
Final Rule
Federal Register / Vol. 75 , No. 190 / Friday, October 1, 2010 /
Rules and Regulations
[[Page 60868]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 100212086-0354-04]
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: Final rule.
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SUMMARY: NMFS is implementing Amendments 20 and 21 to the Pacific Coast
Groundfish Fishery Management Plan (FMP), which were partially approved
by the Secretary on August 9, 2010. Amendment 20 establishes a trawl
rationalization program for the Pacific Coast groundfish fishery.
Amendment 20's trawl rationalization program consists of: an individual
fishing quota (IFQ) program for the shorebased trawl fleet (including
whiting and non-whiting sectors); and cooperative (coop) programs for
the at-sea (whiting only) mothership and catcher/processor 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 establishes fixed allocations for limited entry 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.
This rule finalizes only certain key components necessary for issuance
of permits and endorsements in time for use in the 2011 fishery and in
order to have the 2011 specifications reflect the new allocation
scheme. Specifically, this rule establishes the allocations set forth
under Amendment 21 and establishes procedures for initial issuance of
permits, endorsements, quota shares (QS), and catch history assignments
under the IFQ and coop programs. In addition, this rule restructures
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.
DATES: This rule is effective November 1, 2010.
ADDRESSES: Background information and documents, including the final
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/. NMFS prepared a Final Regulatory Flexibility
Analysis (FRFA), which is summarized in the Classification section of
this final rule. Copies of the FRFA and the Small Entity Compliance
Guide are available from William W. Stelle, Jr., Regional
Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115-0070; or by phone at 206-526-6150.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to William W. Stelle, Jr., Regional
Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115-0070, and by e-mail to [email protected],
or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jamie Goen, 206-526-4656; (fax) 206-
526-6736; [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Amendment 20 trawl rationalization program is a limited access
privilege program under the Magnuson-Stevens Fishery Conservation and
Management Act (MSA), as reauthorized in 2007. It consists of: (1) An
IFQ program for the shorebased trawl fleet; and (2) coop programs for
the mothership and catcher-processor 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
establishes fixed allocations for limited entry 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.
The trawl rationalization program is scheduled to be implemented on
January 1, 2011. Due to the complexity of the program and the tight
timeline for implementation, NMFS has issued, or is in the process of
issuing multiple rulemakings that would implement this program. The
following actions are related to the trawl rationalization program:
A final rule (75 FR 4684, January 29, 2010) which
announced that potential participants in the program should review and,
if necessary, correct their data that will be used for the issuance of
QS, permits, and endorsements. It also established which data NMFS
would use and requested ownership information from potential
participants.
A notice of availability for Amendments 20 and 21 (75 FR
26702, May 12, 2010).
A proposed rule (75 FR 32994, June 10, 2010) that would
implement Amendments 20 and 21, focused on provisions deemed necessary
to issue permits and endorsements in time for use in the 2011 fishery
and to have the 2011 harvest specifications reflect the new allocation
scheme. In addition, the June 10th proposed rule also proposed to
restructure the entire Pacific Coast groundfish regulations at 50 CFR
part 660 from one subpart (Subpart G) to five subparts (Subparts C-G).
A correction to the June 10th proposed rule (75 FR 37744,
June 30, 2010) which corrected two dates referenced in the preamble to
the proposed rule regarding the decision date for the FMP amendments
and the end date for the public comment period.
The Secretary's review of and decision to partially
approve Amendments 20 and 21 on August 9, 2010.
A proposed rule (75 FR 53380, August 31, 2010) which
proposes for implementation on January 1, 2011, additional program
details, including: measures applicable to gear switching for the IFQ
program, observer programs, retention requirements, equipment
requirements, catch monitors, catch weighing requirements, coop
permits, coop agreement requirements, first receiver site licenses, QS
accounts, vessel accounts, further tracking and monitoring components,
and economic data collection requirements.
This final rule follows the June 10th proposed rule (75 FR 32994)
and implements the following aspects of Amendments 20 and 21: (1) The
allocations set forth under Amendment 21, and (2) procedures for
initial issuance of permits, endorsements, QS, individual bycatch quota
(IBQ), and catch history assignments under the IFQ and coop programs.
In addition, this rule restructures the entire Pacific Coast groundfish
regulations to more closely track the organization of the proposed
[[Page 60869]]
management measures and to make the total groundfish regulations more
clear. The preamble to the proposed rule (75 FR 32994, June 10, 2010),
called the ``initial issuance'' proposed rule because it proposed the
requirements for initial issuance of new permits and endorsements for
the trawl rationalization program, provided detailed information on the
trawl rationalization program and a general overview on the provisions
in Amendments 20 and 21, and is not fully repeated here.
Partial Approval of Amendments 20 and 21
NMFS partially approved Amendments 20 and 21 on August 9, 2010.
Some minor provisions were disapproved in both Amendments 20 and 21. In
Amendment 20, NMFS disapproved three provisions applicable to
mothership coops (MS coops): (1) The requirement that MS coops file a
coop contract with the Council and to make it available for public
review [it must still be filed with NMFS]; (2) the requirement that MS
coops file a letter from the Department of Justice; and (3) the
requirement that coop agreements include a clause that at least a
majority of the members are required to dissolve the coop. In Amendment
21, NMFS disapproved language that referred to the trawl, non-trawl
allocations superseding limited entry, open access allocations. This
partial disapproval of Amendment 21 does not affect implementation of
the trawl rationalization program or the harvest specifications for
2011 because these allocations are currently suspended as a result of
overfished species rebuilding plans. However, NMFS has requested the
Council to go through the amendment process to make the FMP more clear
on how the limited entry, open access allocations relate to the trawl,
non-trawl allocations.
Description of Data Used for Initial Issuance Decisions
The allocation formulas in Amendment 20 and implemented by this
final rule are based on vessel landings or processor receipt histories
for the shoreside sector. As discussed in the preamble to the proposed
rule, NMFS will use data from the Pacific Fisheries Information Network
(PacFIN) of the Pacific States Marine Fisheries Commission (PSMFC) to
derive these histories. Since 1974, PSMFC has worked actively with its
member states and State and Federal fisheries agencies to improve the
quality and timeliness of fisheries data collection, processing, and
analysis, and to produce regionally coherent data summaries required
for regional conservation and management purposes. PacFIN is a regional
fisheries data network that is a joint Federal and State data
collection and information management project; for more information see
http://pacfin.psmfc.org/index.php. Although it addresses other species
of fish and related uses, PacFIN has a strong focus on the
informational needs of the Council. PacFIN first came on line in 1981
by providing the Council's Groundfish Management Team, originally
called the Plan Team, with two reports and an associated retrieval
system. One report displayed monthly catch by species by area and
another report displayed monthly catch by species by data source,
including foreign countries and joint-ventures.
The data in PacFIN include fish tickets, or state landings
receipts, which are official documents required by the states of
California, Oregon, and Washington, and logbook information. The
information collected by the states undergoes substantial quality
control and quality assurance processes before and after it is
submitted to PacFIN. Since 1981, PacFIN data have provided the basis
for numerous Federal and state fishery management actions, including
harvest determinations necessary to take inseason action to maintain
fishing levels within established quotas and fishery closures; analyses
of major management restructuring programs such as the Council's
groundfish limited entry system or the Federal groundfish trawl buyback
program; assessments of salmon and groundfish fishery disaster programs
including determining and verifying which fishermen and processors
receive aid and at what level; and for scientific stock assessments and
other scientific research carried out by states, NMFS, and academia.
The states, the Council, and NMFS rely on the PacFIN information as the
best scientific information available.
Similarly, the initial allocations for the at-sea coops rely on the
observer data from NMFS' Northwest Fisheries Science Center's Pacific
whiting observer data in NORPAC (NORPAC data), which also undergoes
substantial quality control and quality assurance of the data. As with
the PacFIN data, NMFS, the Council, and the states rely on the NORPAC
data as the best scientific information available, and use it for
multiple purposes, including quota monitoring and stock assessments.
In addition to the PacFIN and NORPAC quality control and quality
assurance process, in early 2010, NMFS provided notice to all
participants (basically all current owners of limited entry trawl
permits and groundfish first receivers) to review their catch data for
the purpose of ensuring that the QS and other calculations would be
based on the best available data. As explained in more detail in the
preamble to the proposed rule, NMFS provided instructions and Federal
and state contact information for participants to use in requesting
data and correcting data, and in support of this process, the PSMFC
developed scripts for the States to use in providing fishermen and
processors their data directly related to their business interests,
specifically landings sold or purchased by the data requestor. A
similar process was established for the NORPAC data. In order for
participants to understand the calculations and application of the
PacFIN and NORPAC information, the Council provided a series of tables
with its preliminary estimates of QS, which were mailed to current
permit owners, who were again notified of the importance of correcting
the underlying data bases. These timely corrections through the states
and ultimately to PacFIN were extremely important to assure that the
data used by NMFS to determine the initial allocations are based on the
best scientific information available because the correction process
cannot be made by NMFS unilaterally and additional corrections or
modifications to the underlying data would not be appropriate during
the application process.
Use of 2011 Harvest Specifications and Management Measures
Some of the initial issuance formulas include calculations that
depend on results of the 2011-2012 biennial harvest specifications and
management measures process. In particular, calculations for initial
issuance of QS for overfished species caught incidentally (Group 2 and
Group 3 species) and for Pacific halibut IBQ require that the target
species used as a basis for the calculation be converted to pounds
using the 2011 OYs in order to determine the relative weighting between
the target species. The use of 2011 OYs in these formulas presents
several implementation issues. First, the harvest specifications and
management measures will not be final until after the initial issuance
of QS and IBQ for the trawl rationalization program is scheduled to
occur. Second, while the Council motion for trawl rationalization and
the final initial issuance rule published here refer to OYs, the
Council has been proceeding with the adoption of an FMP amendment on a
parallel track, Amendment 23, which would replace OYs with annual catch
limits
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(ACLs) (if Amendment 23 is adopted, NMFS intends to replace all
references to OY in the initial issuance regulations with references to
ACL). Because of these two issues, pre-filled applications and initial
issuance of QS and IBQ will be provisional based on the projected 2011
ACLs recommended by the Council during the 2011-2012 harvest
specifications and management measures process. Thus, the initial
issuance of QS and IBQ may be adjusted if NMFS adopts different OYs or
ACLs for 2011 and 2012 than the ACLs adopted by the Council at their
June 2010 meeting.
Similarly, some of the QS allocation formulas depend upon
allocations between whiting and non-whiting trips developed as part of
the 2011-2012 harvest specifications and management measures process.
As described at Sec. 660.140(d)(8)(iv)(A)(10) of this final rule,
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.
were not allocated between whiting and non-whiting trips through
Amendment 21, and instead will be decided through the harvest
specifications and management measures process. Consistent with the
Council's June 2010 motion on the harvest specifications and with
Amendment 21, Table 1e of the harvest specifications and management
measures will list all of the IFQ species and the percentages of QS for
whiting trips versus non-whiting trips. The initial issuance of QS for
these species will be provisional based on the allocations recommended
by the Council at its June 2010 meeting, pending final decision of the
Secretary on the 2011 harvest specifications and management measures.
Comments and Responses
NMFS solicited public comment on both Amendments 20 and 21 (75 FR
26702, May 12, 2010) and on the proposed rule (75 FR 32994, June 10,
2010). The comment period for these notices ended July 12, 2010.
Because these notices are related, the responses to public comments in
this section of the preamble address Amendments 20 and 21 and the
proposed rule.
NMFS received 33 individualized letters of comments on the proposed
rule and amendments, submitted by individuals or organizations and 385
form letters. The letters raised a variety of issues related to the
proposed rule and Amendments 20 and 21.
Some commenters have incorporated by reference previous comments
submitted during the Council process. Comments presented to the Council
are part of the record and were considered by the Council during their
deliberation. In reviewing the proposed rule and amendments, NMFS
considered the record as a whole.
General Comments in Support and Opposed
Comment 1. NMFS received multiple comments expressing general
support for the proposed rule and amendments.
Response. NMFS acknowledges these comments.
Comment 2. NMFS received multiple comments expressing general
disagreement with the proposed rule and amendments.
Response. NMFS acknowledges these comments.
Comment 3. NMFS received multiple comments expressing support for
the proposed rule and amendments and identifying expected benefits such
as that it would help conservation of the resource, increase net
economic benefits, provide stability, and reduce bycatch; stabilize the
whiting fishery and traditional fisheries; give fishermen greater
control over the resource; stabilize fishing communities; and eliminate
regulatory discards.
Response. NMFS concurs that multiple benefits are anticipated as a
result of Amendments 20 and 21 and the proposed rule. The analyses
supporting the amendments and the rule describe both costs and
benefits, and conclude that the costs are justified by the benefits.
Comment 4. NMFS received multiple comments objecting to the
proposed rule and amendments on the grounds that they would not promote
conservation or maximize economic benefit. Commenters stated that
predicted benefits have been overstated and cited the example of the
Orange Roughy. Commenters also cited studies that show catch share
programs have hidden costs and adverse impacts on quality of life. Some
commenters stated that the proposed rule and amendments would not meet
the objectives of rationalization.
Response. The underlying analyses support the conclusions regarding
the anticipated effects of these measures and the extent to which they
meet their objectives. While we can learn from other fisheries around
the world, every fishery is different. The 5 year review will give us a
chance to assess whether the program is working as anticipated and what
changes may need to be made.
Comment 5. NMFS received multiple comments objecting to the
proposed rule and amendments due to general policy objections including
to the use of quotas, the perception that the proposal serves the
interests of a few against the interests of many, and objections to
perceived redistribution of wealth and privatization of a public
resource. In addition, NMFS received comments suggesting alternative
management measures that commenters would prefer to see adopted such as
owner on board requirements, IFQs for all three whiting sectors, and
other approaches.
Response. The MSA expressly authorizes the use of Limited Access
Privilege Programs (LAPPs) and vests the Council with responsibility
for developing and identifying which management measures to recommend
through its open public process. The Council considered a number of
alternative management measures in the development of this program,
inclusive of those suggested in public comments. Appendix A ``Analysis
of Components, Elements, and Options for the Individual Fishing Quota
Alternative Trawl Individual Quota Components'' of the final EIS
``Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery'' documents these considerations in two sections. Under Section
A-2, IFQ System Details, pages A-33 to A-397, for many of the program
details, a description is provided of options considered but either not
included or not analyzed further. Additionally, Section A-3 of Appendix
A, pages A-402 to A-444, addressed a number of options, including:
Adaptive Management; Halibut Individual Bycatch Quota; Program Duration
(Fixed Term and Auctions); Gear Conversion; Regional Landing Zones;
Community Fishing Associations; Owner on Board Provisions; and
Sideboard Measures to Prevent Spillover (into other fisheries). Council
rationale and decisions regarding which options were selected, and
which were not, are described. NMFS has reviewed the FEIS's, the public
comments, and the record as a whole and concludes that the decision is
consistent with MSA and other applicable law.
Comment 6. NMFS received multiple comments praising the Council's
process for development of the amendments for its transparency and
fairness.
Response. NMFS agrees that the Council utilized a fair and
transparent public process that included numerous public committee
meetings and Council meetings, as described in pages 19-22 in the FEIS
(detailed list of those meetings).
Comment 7: NMFS received some comments stating that the public
process has been inadequate.
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Response. NMFS disagrees. In addition to the Council process
referenced above, the agency complied with the MSA requirement to have
a public comment period on both amendments and the proposed rule for
initial issuance, and the NEPA requirement to have a comment period on
the draft environmental impact statement (DEIS). NMFS also intends to
publish for public comment the proposed rule on the program components.
Comment 8. NMFS received multiple comments objecting to the
proposed rule because it did not contain certain components such as the
observer coverage requirements and tracking and monitoring
requirements. One commenter added that the proposed rule's
administrative provisions lack due process.
Response. NMFS published a proposed rule to implement program
components on August 31, 2010 (75 FR 53380). Prior to publication in
the Federal Register, both rules to implement the rationalization
program have gone through substantial public review and comment by the
Council, including several public meetings of the Council's Regulatory
Deeming Workgroup. As described above, the Council and NMFS followed an
open public process in developing and adopting the amendments and the
implementing regulations.
Comment 9: Some commenters advocated partial approval for different
elements of the program, such as disapproval of the shorebased section;
approval of whiting components only; disapproval with respect to non-
whiting groundfish.
Response. NMFS has reviewed the amendments in their entirety and,
except for several minor provisions, has not identified a basis for
partial approval.
Comment 10. One commenter stated that the trailing amendments
burden the wrong people.
Response. These amendments are currently under development by the
Council. When completed, they will be submitted to NMFS for agency
review in conjunction with public comment periods. Members of the
public should participate in the Council process to help design these
amendments.
Comment 11. One commenter stated that the proposed rule and
amendments should be disapproved due to unexplored alternatives and
negative impacts.
Response. As described in the EIS, NMFS and the Council have
explored a wide range of alternatives and analyzed the potential
impacts. As stated in the responses to comments 19 and 34, the
underlying analyses conclude that the negative impacts are justified by
the anticipated benefits.
Comment 12. NMFS received multiple comments citing problems with
the status quo.
Response. NMFS acknowledges this comment.
Comment 13. One commenter requested a workshop to explain the
shoreside whiting allocation procedure.
Response. NMFS has developed outreach materials that are currently
available at: http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Trawl-Program/index.cfm. In addition, NMFS is
planning a series of public workshops in September/October in
California, Oregon and Idaho (session in Idaho during two evenings at
the September Council meeting) at six locations to discuss the
specifics of the program. These workshops are designed to address all
aspects of the trawl rationalization program.
Comments Pertaining to Timing
Comment 14. Congressman Thompson submitted a comment requesting a
delay issuing rules until fully briefed.
Response. The Congressman's staff has been briefed by NMFS on the
provisions associated with the trawl rationalization program.
Comment 15. One commenter suggested not making this a permanent
program, to keep some flexibility when stocks rebuild.
Response. The Council envisions a process whereby the program will
adapt to changing circumstances. A major component of the program at
the outset is the Adaptive Management Program (AMP), which sets aside
10 percent of the nonwhiting shoreside quota shares to address
unforeseen impacts, beginning with year 3 of the program. Additionally,
a comprehensive review of the program to evaluate effectiveness in
relation to the original program goals and objectives is scheduled for
year five of the program. Flexibility to adapt to changing
circumstances was specifically acknowledged. On page 54 of the EIS
``Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery'', it states ``In taking this action, the Council acknowledged
that work will have to continue to monitor the program and to make
adjustments in response to program performance. Even prior to
implementation, the Council will continue to work on provisions for
Community Fishing Associations (CFAs) and an AMP. While there may be
unintended and unanticipated consequences, there will be an opportunity
to modify the program through a review process, and a data collection
process will be implemented to support that review.''
Comment 16. One commenter suggested a delay of the program until a
referendum is conducted.
Response. The Council chose not to consider a referendum (vote by
fishermen in support or disapproval) prior to moving forward. This
program has been under development through the Council process for over
five years, and ample opportunities have been provided for input into
the design of the program. See response to comment 18 below for
additional details on the public input process.
Comment 17. One commenter suggested the program should not be
implemented because the fishermen are still experiencing negative
effects and financial impacts from buyback.
Response. In 2003, approximately one-half of the West Coast Limited
Entry Groundfish Trawl Fishery permits were retired as part of a
voluntary government-backed loan and auction buyback scheme. Section
2.6.5 of the EIS ``Rationalization of the Pacific Coast Groundfish
Limited Entry Trawl Fishery'' describes broad level Council concerns
and tradeoffs in choosing between status quo and trawl rationalization,
and the buyback program was part of that discussion (page 53). The
Council concluded that the trawl rationalization program addresses many
of the difficult, time-consuming management problems it has struggled
with under status quo. It is expected to provide a basic management
framework that will provide the most benefits to the nation for the
public resource, including: assigning personal accountability for the
fisheries; providing opportunities for bycatch reduction; enhancing
stock rebuilding through improved fishery information and full observer
coverage; providing opportunities to maximize catch of targeted species
while protecting species of concern; improving economic performance;
helping to maintain community stability; improving safety; guarding
against local stock depletion; and addressing unforeseen circumstances
through an innovative adaptive management provision. The trawl
rationalization program is a program that will help address
conservation concerns and take a system that is not economically viable
for many and turn it into one that will work for those who remain in
the fishery after rationalization.
Comment 18. There were a number of public comments on timing and
implementation of the trawl
[[Page 60872]]
rationalization program. The comments ranged from those wanting to
implement the program as proposed, without delay, to comments stating
their opposition to implementation generally, to the ``incremental
approach, and the lack of opportunity for public comment and short time
frames for review.
Response. The public participation process involving the Council's
deliberations is specifically identified in detail in Chapter 1 of the
Final Environmental Impact Statement ``Rationalization of the Pacific
Coast Groundfish Limited Entry Trawl Fishery, June 2010'' on pages 15-
18. Development and refinement of the alternatives leading to the
Council's choice of a preferred alternative has taken more than five
years, with numerous Council and committee meetings during the process.
The Council's initial scoping and program development process began at
a Council meeting in September, 2003. The EIS includes Table 1-1 on
page 18, listing all of the Council committees associated with this
subject matter. The EIS also includes Table 1-2, on pages 19-22,
listing the meetings that have been held by the committees as well as
Council meetings at which trawl rationalization or intersector
allocation were discussed, with a brief description of the topics
covered in each meeting.
At the agency level, NMFS has complied with the statutory
requirements regarding public comment on the Amendments, the proposed
initial issuance rule, and the DEIS. In addition, consistent with
statutory requirements, NMFS will provide for public review and comment
on the program components rule. NMFS believes that were adequate
opportunities for public comment on proposed Amendments 20 and, the
NEPA documents and the initial issuance rule for trawl rationalization.
As for the incremental approach, NMFS has fully analyzed the program
and made that analysis available to the public and used it in the
decision on the Amendments. The Council agreed with the agency's
approach to implement the Amendments through two rulemakings.
Comments on Program Costs
Comment 19. One commenter expressed concern about negative impacts
on smaller boats, deckhands, and smaller ports, pointing out issues
such as vessels in certain ports that will receive lower catch, but
have increased costs, and the effects of fleet reduction on port
infrastructure.
Response. While the trawl rationalization program would move the
fishery toward some of its most important goals and objectives, in
order for the program to realize those benefits, a large amount of
consolidation would have to occur, resulting in fewer people employed
in the fishery. The Council acknowledged and expressed concern about
the expected consolidation and its impacts, and noted the need to
attend to the potential for disproportionate impacts on some
communities. There was also concern that the potential accumulation of
wealth under the IFQ program should have corresponding levels of
benefit for the nation, and that state implementation costs be
addressed. The Council also expressed an interest in maintaining the
character of the fleet and a diversified industry. Balancing the need
for consolidation to generate adequate levels of benefit with the
potential adverse impacts of consolidation was a major challenge. At
the same time, continuation of status quo would have its own impacts,
with both the buyback program and cumulative limits having caused
significant consolidation in the fleet and a redistribution of vessels
along the coast.
Because of the high degree of concern about impacts on communities
and maintaining some sharing of benefits (both among harvesters and
between harvesters, processors, and others dependent on the fishery)
the Council made a number of tradeoffs in the trawl rationalization
program that may prevent the program from reaching the full degree of
economic efficiency that might otherwise be achievable through
rationalization. For example, accumulation limits would help disperse
fishery benefits, but would inhibit consolidation. Additionally, some
QS was set aside for use in an AMP to address such objectives as
community and processor stability, new entry, conservation, and other
unidentified/unforeseen adverse consequences. A number of other
measures were also considered as the Council struggled to find a
balance among sectors, states, vessels, ports, conservation
obligations, and its responsibility to try to develop a regime that
maximizes economic benefits while simultaneously realizing,
recognizing, and honoring the social effects of its decisions.
Consideration was also given to allocating QSs to communities and
crew members. With respect to the Council consideration of CDQs, up to
the very end of the Council's deliberations, communities expressed
little or no interest in receiving an initial allocation of QSs.
Therefore, the Council developed other mechanisms to address concerns
about communities, including, but not limited to, the AMP, a two-year
moratorium on QS transfers, a five-year review that includes a
community advisory committee, accumulation limits and a two-year review
of some of the limits, the opportunity for communities to receive an
initial QS allocation by acquiring a trawl permit, and a trailing
action on CFAs. With respect to crew members, an initial allocation is
difficult because there is limited historic information on the identity
of crew members who have fished on trawl vessels. It is the Council's
hope that by providing highly divisible QSs and ensuring that other
elements of the program design facilitate crew ownership of QS, that
crew members who want to do so will be able to incrementally accumulate
QSs.
In terms of impacts on small businesses, 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. The allocations of
quota under the new program do not differ significantly from status quo
allocations made biennially in terms of total allocations. However,
instead of fleetwide quotas, there will now be individual allocations
of quota shares and quota pounds to permit owners. Allocations of
overfished species constrain all groundfish fishermen, for both large
and small operations. In some cases, smaller operators may be
constrained to a greater extent. This was recognized in development of
the program, and operators are encouraged to work together
cooperatively, through mechanisms like combining and sharing quota
amounts. The program provides for leasing of additional quota as needed
to facilitate operations.
The proposed action includes provisions that would have a
beneficial impact on small entities. It would create a management
program under which most recent participants in the Pacific Coast
groundfish limited entry trawl fishery (many of which are small
entities) would be eligible to continue participating in the fishery
and under which the fishery itself would experience an increase in
economic profitability. Small entities choosing to exit the fishery
should receive financial compensation from selling their permit or
share of the resource. To prevent a particular individual, corporation,
or other entity from acquiring an excessive share of the total harvest
privileges in the program, accumulation limits would restrict the
amount of harvest privileges
[[Page 60873]]
that can be held, acquired, or used by individuals and vessels. In
addition, for the shoreside sector of the fishery, an AMP was created
to mitigate any adverse impacts, including impacts on small entities
and communities that might result from the proposed action.
Comment 20. The Council has not adopted a methodology for a cost-
recovery plan, as required by the MSA, and the cost to taxpayers and
participants is too high.
Response. Information about program costs was included in the EIS
and the RIR/IRFA. The Council took all of these factors into
consideration in moving forward with a recommendation to implement the
trawl rationalization program. The Council intends to develop a cost
recovery plan through a trailing amendment. NMFS encourages public
participation in both the Council and the Secretarial review process.
Comment 21. The costs to the government are too high and will
divert funds from other conservation purposes.
Response. NMFS has taken the costs of implementing the amendments
into consideration when approving them. To the extent allowed by the
MSA, NMFS will recover the agency costs of management, data collection
and analysis, and enforcement activities from the fishing industry when
a cost-recovery plan is implemented.
Comment 22. The program costs to fishermen, including the costs of
entering the fishery and the costs of observers and monitoring, are too
high.
Response. Analyses indicate that the program benefits will outweigh
the program costs. The EIS anticipates that the value of the fishery
will increase through a variety of mechanisms, including increased
efficiency of existing vessels, the transfer of effort to the most
efficient vessels, and increased retention of target species. The
program includes opportunities for adaptive management if actual
impacts differ from projected impacts. In addition, the Council made
quota shares highly divisible to increase the ability of crew members
and others to buy into the fishery. To aid the fishing industry during
the transition to a rationalized fishery, the agency has announced its
intent, subject to available Federal funding, to cover a portion of the
initial cost of hiring observers and catch monitors. As stated by the
agency, participants would initially be responsible for 10 percent of
the cost of hiring observers and catch monitors, with that amount
increased every year so that by 2014, the industry would be responsible
for 100 percent of the cost of hiring the observers and catch monitors.
Comments on the Observer Program
Comment 23. One commenter stated that observer rules need to change
for trawl and small boats to reflect the ``vastly different bycatch
which occurs when mistakes are made.''
Response. The final design features of the observer program and
applicability to both large and small vessels were evaluated thoroughly
through development of these program components, and ultimately led to
the Council decision to require 100 percent observations for those
fishing vessels that continue trawling under this rationalization
program. By ``mistakes'' we assume the commenter meant situations where
high bycatch of overfished species events occur, and that larger
vessels may have potentially greater negative impacts. While this may
be true, vessels that participate in the shorebased IFQ program will be
held individually accountable for any bycatch of overfished species. In
the at-sea program, there are sector specific bycatch caps that will
remain in place. These bycatch caps are limits, and can have the effect
of closing sectors of the trawl industry when reached. Conservation
measures in order to facilitate the rebuilding of overfished species
were specific components of the trawl rationalization program.
Comment 24. Public comments expressed concern that the cost of the
observer program disadvantages smaller operators; that IFQs, even with
observers, increase the risk of high-grading; that observer costs are
generally too high; and that observer program doesn't enhance
conservation, just total catch accounting.
Response. Appendix H to the EIS for Amendment 20, the ``Regulatory
Impact Review and Initial Regulatory Flexibility Analysis, (RIR/IRFA)''
addresses a number of these issues. As noted in the RIR/IRFA, the cost
estimates are preliminary; the direct observer and monitoring costs
depend heavily on operational decisions by industry (both fishing
vessels and processors) to reduce costs. In addition, it is impossible
to predict how much consolidation will occur, especially in the initial
years of program implementation. For these reasons, the RIR/IRFA makes
broad assumptions about industry behavior to frame the range of costs.
At one extreme, annual observer costs could rise to $18 million if a
100-vessel fleet needed observers 365 days a year at a cost of $500 per
day. However, as stated at numerous Council meetings, the industry
could reduce costs by voluntary limits on the number of vessels that
can be at sea at any one time or agreements to share observer coverage
between multiple vessels. Observer and other costs could decline as the
number of participating vessels decline, when the fleet consolidates
because of the program. As discussed in the RIR/IRFA, the Lian analysis
(Lian et al., 2008) indicates an expectation that there will be a fleet
of 50 to 60 vessels of a size of 60 to 70 feet after rationalization.
If this were to happen, one would expect the costs to be significantly
lower and approximately half of the estimated costs for the current
fleet.
As stated in the response to comments on the draft EIS
``Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery,'' analysis indicates that the program benefits will outweigh
the program costs. For those participants who feel the costs are too
much of a burden, they have the option of selling or leasing their QS.
In addition, as stated at Council meetings, vessels, both large and
small, are encouraged to coordinate with each other and with the
observer providers to reduce costs and provide more efficiency.
In terms of the comment that the risk of high-grading (sorting to
retain more marketable fish) will be increased under and IFQ system,
NMFS believes that the exact opposite will occur under total catch
accounting. With 100 percent mandated observer coverage, all catch will
be accounted for, and individuals will be held responsible for their
behavior. This structure leads to the opposite conclusion regarding
high-grading.
One commenter questioned what conservation goals the observer
program is achieving other than total catch accounting, citing lack of
economic benefits and lack of individual stability. NMFS disagrees with
this perspective. Conservation of the fishery resources and rebuilding
of overfished species are the main reasons why the Council has
recommended a program with total catch accounting. Individuals will be
held responsible for conducting harvests consistent with their QS and
QP allocated. To the extent that individuals may need additional QS and
QP to conduct their operations, the options of leasing of QS and
purchasing QS and QP through time should lead to economic stability for
those individuals whom choose to remain as active participants in the
trawl rationalization program.
[[Page 60874]]
Comments on Initial Allocation of Catch Shares
a. General Comments
Comment 25. One commenter argued that shore-based processors should
not receive 20 percent of the quota because that sector has too much
control over the fishing fleet. Another commenter expressed support for
the proposed allocation of quota to processors.
Response. The Council recommended that 20 percent of the shoreside
harvest allocation of whiting would be initially allocated to shoreside
processors, based on those processors' history. The Council concluded,
and NMFS agrees, that this initial allocation was fair and equitable,
thus consistent with section 303A(c)(5) of the MSA, which requires the
Council to ``ensure fair and equitable allocations, including
consideration of (i) current and historical harvests; (ii) employment
in the harvesting and processing sectors; (iii) investments in, and
dependence upon, the fishery; and (iv) the current and historical
participation of fishing communities.'' As explained in Section A-
2.1.1a (Appendix A) of the EIS, NMFS and the Council took the statutory
factors into account and determined that, among the various
alternatives under consideration, the initial allocation of whiting
harvesting privileges as a 20/80 percent split to processors and
current permit holders was fair and equitable.
The issue of reduced competition and anticompetitive impacts of
allocating quota to processors was analyzed extensively in the EIS and
was discussed and considered carefully by the Council. During
development of the trawl rationalization program, the NOAA Office of
General Counsel (GC) had informal consultations with the Antitrust
Division of the U.S. Department of Justice. Based on those informal
consultations and analysis of relevant facts and applicable legal
rules, NOAA GC submitted a letter to the Council dated October 11,
2008, in which the antitrust savings clause in Section 303A of the MSA
was noted and advised ``that any fishery participants that are
uncertain about the legality under the antitrust laws of the United
States of any of their anticipated activities should consult legal
counsel prior to commencing those activities.'' The NOAA GC letter
provided citations to guidance or resource documents available on the
Federal Trade Commission Web site. The NOAA GC letter is available on
the Pacific Council's Web site at http://www.pcouncil.org/bb/2008/1108/F3d_SUP_GC_1108.pdf.
Comment 26. It is unfair that permits that have not made payments
for the buyback program will receive an initial allocation.
Response. All permits will receive an initial allocation of non-
overfished species, based on the equal division of QS associated with
the history of the permits bought back plus an amount of QS related to
the actual 1994-2003 deliveries by the permit. The designation of an
equal allocation amount based on the history of the buyback permits was
viewed as an equitable way to help resolve the initial allocation
issue, ensuring that the smaller producing harvesters were more likely
to receive an initial allocation adequate to cover their needs while
the larger producing harvesters, more likely to be better financed,
might have to purchase more QS to maintain their recent harvest levels.
NMFS and the Council are aware that this will include some permits that
have not made landings since the inception of the buyback loan payback
program (December 2003). The Council recommended, and NMFS is
implementing, what it believes to be the best balance among a variety
of possible allocation approaches.
Comment 27. The quota allocations do not support current fishing
practices. In order to keep fishing, some fishermen will have to
purchase additional quota of some species while receiving more than
needed of other species. In order for high producers to fish all their
boats, they will have to buy more quota.
Response. Chapter 4 the Amendment 20 EIS described in detail the
anticipated impacts of the trawl rationalization program on the various
sectors of the fishing industry. NMFS acknowledges that, depending on
the allocation formula, some permit holders and catcher vessels may
receive a greater or lesser amount of allowable catch than under status
quo conditions. In addition, they may receive a different mix of
species allocated as quota compared to the mix of species they
currently harvest. In the long run, however, transfers of those fishing
privileges should occur in a way that is more optimal to individual
harvesters, and that transfer will act as a cost to those that purchase
the shares and as a benefit to those that sell them.
The Council anticipates that consolidation is likely to occur in
the nonwhiting sector that will trend toward the most efficient
vessels. The fleet reduction and cost efficiency model shows the
consolidation that may occur could diminish the number of vessels by 50
to 66 percent.
Comment 28. One comment criticizes the eligibility criteria for
initial allocations as too narrowly focused, not providing for captains
and crew due to a lack of data.
Response. Although a lack of data was one factor in the decision
not to extend eligibility to receive an initial QS allocation, there
were several other factors considered. The Council enumerates several
of the reasons behind the decision to allocate to permits and
processors in A-14 and A-15 of the Amendment 20 EIS, Appendix A.
Direct allocation to skippers and crewmembers was discussed and the
costs and complexity of identifying vessel workers and determining
whether they participated on vessels while those vessels were fishing
in the groundfish trawl fishery were noted. Complexities include the
fact that crew member-licensing requirements vary between states and in
some cases crewmembers are not required to have permits. Multiple
alternative sources of information would have to be considered in
determining crew member eligibility for an initial allocation.
With respect to relative impacts of an initial QS allocation on
different classes of fishery participants, it was noted that for a crew
member dislocated because of the IFQ program there would likely be a
greater number of economic alternatives available, as compared to a
fishing permit or vessel. Additionally, since crew members move between
fishing operations, an allocation to crew could reduce the initial
allocation available to a harvester in comparison with its recent
operation levels, leaving fixed capital assets without significant
production opportunities. While harvesters receiving less than their
needs would be able to acquire additional QS through purchase, the need
to make such purchases would likely mean a greater disruption during
initial implementation of the program.
b. Allocation Formula in General
Comment 29. Several commenters addressed the qualifying history
period selected by the Council for both whiting and nonwhiting non-
overfished species. One commenter criticized the period as
``arbitrary.'' Others expressed a belief that MSA ``recency''
requirements are not being met because the qualifying period of 1994-
2003 is too out of date. One commenter suggested increasing emphasis on
recent years by moving the start of the allocation period from 1994 to
1997 and the end from 2003 to 2006 (and using 2003 through 2006 for the
allocation period for overfished species), recognizing a new control
date
[[Page 60875]]
of January 1, 2007. Further comments on the qualifying history period
include:
It rewards the inefficiencies, inadequate infrastructure
and lack of investment that characterized the qualifying year window.
Allocations of nonwhiting groundfish to inactive participants in the
fishery harm active participants.
The allocation period includes years with inaccurate
species composition and discard data that will skew the picture of the
true state of nature.
More current data is available and critically important.
There have been dramatic changes in the whiting fishery
starting in 2001, and which have been especially significant after
2003.
Response. Similar comments were received during the public comment
period on the draft EIS ``Rationalization of the Pacific Coast
Groundfish Limited Entry Trawl Fishery.'' Parts of the detailed
response to those comments bears repeating as directly relevant and
responsive to the comments received recently. In recommending initial
allocations, the Council is required to consider several factors
including current harvests and historic harvests. See 16 U.S.C.
1853a(c)(5)(A); see also 16 U.S.C. 1853(b)(6). Appendix A to the
Amendment 20 EIS includes a review of the Council's consideration of
all of these factors, including a discussion of the rationale for
considering a variety of dates for the allocation period, including
start dates of 1994 and each year from 1997 through 2001. The
allocation dates selected represent a balance between emphasis on more
recent history and considering the historic fishing opportunities which
may have had a determining effect on the levels of capital investment
by individual firms. The start date of 1994 was selected because 1994
was the first year of the license limitation program. The decision to
utilize a long allocation period was deliberate; it is likely that
capital investment is based on longer term opportunity and that capital
persists after contractions in the fishery such as that reflected by
the disaster declaration in 2000. On this basis it is appropriate to
give some weight to landings from the 1990s. Because more fish was
taken during that time period, the relative pounds approach (measuring
catch history as a vessel's share of total catch) reduces the emphasis
on a pound of fish caught in the 1990s as compared to a pound of fish
caught after 2000. While some argue that fishermen who caught fish in
the mid-1990s caused the disaster and should not receive QS for that
fish, the catch taken in the mid-1990s was in line with what was
allowed under the regulations and believed to be sustainable at the
time.
The Council selected the ending year of 2003 because that year
corresponds to the previously announced control date for the fishery.
The Council adopted and published the control date of November 6, 2003
(see 69 FR 1563 (January 9, 2004); 70 FR 29713 (May 24, 2005). The
Council believes it is very important that the 2003 control date be
used in order to prevent future fishery disruptions. The purpose of
announcing a control date in advance of developing a LAPP is to
discourage entry into a fishery and increased harvest while the Council
goes through the process of developing the program details, which can
be a lengthy exercise. If the Council develops a pattern of announcing
and abandoning control dates, then the announcement of control dates
will become a signal to harvesters to intensify their efforts to catch
fish in order to increase their odds of qualifying for greater initial
allocations. Such a response would be disruptive to fisheries and
exacerbate the challenges of meeting conservation objectives.
Additionally, abandoning the original control date would reduce the
perceived fairness of the program by rewarding those who fished
speculatively after the control date (fishing primarily on the chance
that the control date would be abandoned and they would acquire more
quota as a result of their post control date fishing) at the expense of
those who heeded the control date. In balancing the importance of the
reliable control date, and the importance of considering historic
participation, against the potential for some disruption of using a
time period ending several years prior to the start of the program, the
Council found that it was preferable to use the 2003 control date.
The public was given significant notice of the use of November 6,
2003, as a potential control date. The notice was originally published
in the Federal Register on January 9, 2004, and an additional notice
was published on May 24, 2005. Both notices were posted on the
Council's Web site, with an explanation of the possible consequences of
the control date. In addition, starting in October 2003, The Council
and its Trawl Individual Quota Committee held numerous public meetings
and discussions at Council meetings on the trawl rationalization
program including the use of the control date and the alternate
qualifying periods.
The Council disagrees with the commenter's assertion that Amendment
15 to the Groundfish management plan created a new control date of
January 1, 2007, that should be controlling here. Nowhere does
Amendment 15 address the 2003 control date or purport to change the
qualifying period for the groundfish trawl program. Amendment 15 was a
limited interim action for the non-Tribal whiting fishery issued in
anticipation of the trawl rationalization that in no way attempted to
address matters beyond its limited scope. Moreover, the Council has
explicitly stated that vessels that qualified for Pacific whiting
fishery participation under Amendment 15 were not guaranteed future
participation or inclusion in the Pacific whiting fishery under the
provisions of Amendment 20. See http://www.pcouncil.org/groundfish/fishery-management-plan/fmp-amendment-15.
With regards to ``recency'' concerns, the Council does take into
account recent participation patterns in the fishery by allocating QS
to current permit holders rather than to individuals or vessels that
originally caught the fish. In this way, during the extensive period
required to develop a program of this kind, entry and exit can occur
and QS can be allocated in a less disruptive manner than would occur if
the allocations went to the individuals who caught the fish
historically.
While the overfished species allocation formula includes logbooks
for 2003-2006, these records are used to determine the fishing pattern,
not the overall level of harvest activity. The Council's methodology
for allocating overfished species is significantly different than the
methodology for allocating target catch. The 1994-2003 period is still
used to determine the target species allocation, and the harvest
patterns from the 2003-2006 logbooks are used to determine the amount
of overfished species an entity would need to take its target species.
In this fashion, more recent information for the fishery is used
without rewarding post control date increases in effort. The 1994-2003
harvest patterns were not used to determine a target species QS
recipient's need for overfished species QS. This is because of the
substantial changes in fishing patterns which were induced by the
determination that some species were overfished and the implementation
of the rockfish conservation areas (RCAs) and because the RCAs will
remain in place after the trawl rationalization system is put into
place. Therefore the Council considered that an estimate of likely
patterns of activity should be based on a period of time when the RCAs
were in place. The RCAs were not in place for most of the
[[Page 60876]]
1994-2003 period but were in place for 2003-2006.
One commenter made the point that the initial allocation, because
it is different from the current distribution of harvest, may reward
inefficiencies and reverse recent conservation gains, including
reductions in bycatch. While it is possible that the initial
allocations may not go to the most efficient and innovative harvesters,
because of the need to draw a balance between a reliable control date
and disruption, fairness and equity, recent participation and historic
participation issues, it is expected that society will benefit over the
long haul as the quota is transferred to use by the most efficient
harvesters as the program progresses. Independent of the initial
allocation, the QS system is expected to provide substantial incentive
for vessels to avoid bycatch. One hundred percent observer coverage
will ensure full individual vessel accountability. These individual
vessel incentives are expected to preserve gains made in bycatch
avoidance in recent years.
The same commenter also made the point that the discard and catch
composition data quality from those years is poor and will skew the
picture of the true state of nature. The allocation formula does not
use discard data from the mid-1990s. With respect to catch composition
data, it has been accepted that these data may skew the mix of species
any particular permit would receive away from its actual catch, simply
because the catch composition data was designed to estimate catch at
the fleet level rather than the individual vessel level. Catch
composition data has the same problem whether it is from the mid-1990s
or early 2000s. While the catch composition data might be of better
quality in more recent years, the Council felt that it was more
important that the control date and longer allocation period be
maintained and worth the tradeoff entailed in relying on older catch
composition data.
Comment 30. A comment was submitted on behalf of owners and
operators of a harvesting vessel, in support generally of Amendments 20
and 21 for improving management of groundfish but noting that the
program improperly excludes valid ``B'' Permit groundfish fishing
history in the initial allocation process. The commenter submitted
multiple exhibits in support of their comments.
Response. NMFS has reviewed the comments and the supporting
exhibits. The commenter's position is that the prior permit owner's
assignment in 2004 of all fishing history to the current vessel/permit
owner included the groundfish ``B'' Permit fishing history from 1994,
1995 and 1996, and therefore the program improperly excludes valid
``B'' Permit groundfish fishing history in the initial allocation
process. Further, the comment notes that nothing in Amendment 20 or 21
precludes inclusion of that ``B'' Permit history in the total catch
history owned by the current permit owner. NMFS disagrees, for the
following reasons.
Amendment 20 specifies that the initial allocation will be made to
the current owner of groundfish limited entry permits. These permits
have been in place since 1994, as part of the implementation of
Amendment 6, the groundfish limited entry program. Limited entry
permits with ``A'' and ``B'' endorsements were implemented as part of
the groundfish limited entry program (57 FR 54001-01, November 16,
1992). The program established permits with ``A'' endorsements, which
were transferable, for trawl vessels that met specific minimum landing
requirements. It also established permits with ``B'' endorsements,
which were not transferable, and which expired upon transfer to a
different owner, or at the end of 1996 (whichever occurred first).
These ``B'' endorsements were intended for vessels that had some low
level of activity in the fishery prior to August 1, 1988, and under the
current owner, but did not meet the landing requirements for vessels
receiving ``A'' endorsements. The ``B'' endorsements provided a three-
year adjustment period during which the vessel owners could either make
arrangements to stay in the fishery through the purchase of an existing
``A'' endorsed permit or stop participating in the limited entry
fishery. NMFS accordingly removed the ``B'' endorsement provisions from
the regulation after the ``B'' endorsements had expired; in addition to
the ``A'' endorsement, the only endorsements on limited entry permits
are now gear endorsements (trawl, longline, pot or trap) and size
endorsements (see 66 FR 29729, June 1, 2001, and 50 CFR 660.333).
Consistent with this background, the current limited entry permits
are ``A'' endorsed only and have no relationship to ``B'' endorsed
permits, which expired at the end of 1996. The current limited entry
permits in the trawl fishery with trawl endorsements originally, under
Amendment 6, were called limited entry permits with ``A'' endorsements.
When the ``B'' permits expired, NMFS revised the regulations to refer
to limited entry permits with trawl endorsements. These are the limited
entry permits referred to in the trawl rationalization program and they
and their landings history, are distinct from the permits with ``B''
endorsements that are no longer in existence.
NMFS recognizes that the supporting exhibits submitted by the
commenter show that for purposes of the American Fisheries Act (AFA),
the NMFS, Alaska Region, approved the request that the F/V Pacific
Challenger be named as a replacement vessel for the F/V Amber Dawn.
However, this decision for the AFA fisheries is separate from and has
no effect on the relation to the Pacific Coast Groundfish permits and
the trawl rationalization fishery.
c. Allocation of Bycatch/Overfished Species IFQ
Comment 31. Some commenters stated that the program has been
compromised by a Council recommendation to not allocate overfished
species in the same manner as all other species, but to instead use a
method based on a constrained fleet outside of the time frame which the
rest of the program is based. Commenters state that during the years
used for the overfished species allocation, responsible operators made
efforts to minimize bycatch of overfished species. They further state
that this punishes those who attempted to fish sustainably and rewards
those who maximized their landings in a manner contrary to the
conservation goals of the Magnuson-Stevens Act.
Response. The Council considered and rejected the option of
allocating overfished species for nonwhiting trips using the same
method as for other nonwhiting IFQ species as not appropriate under the
circumstances. In particular, the relative weighting approach, by which
landings for a year are measured as a percent of all landings for the
year and species, would have given a particularly high amount of credit
for pounds caught during the rebuilding period. Additionally, QS would
have been allocated to those who targeted some of the overfished
species in the mid-1990s (before they were declared overfished) rather
than to those who need such QS to access current target species.
Accordingly, the Council rejected the approach of using the same
allocation formula for overfished species as for nonwhiting target
species based on the desire to not reward bycatch during the rebuilding
period and in order to provide QS to those who would need it to cover
incidental catch taken with their target species QS allocation.
Regarding the comment that overfished species years selected were
arbitrary, the Council's methodology for allocating overfished species
is
[[Page 60877]]
significantly different than the methodology for allocating target
catch. The 1994-2003 period is still used to determine the target
species allocation, and the harvest patterns from the 2003-2006
logbooks are used to determine the amount of overfished species an
entity would need to take its target species. In this fashion, more
recent information for the fishery is used without rewarding post
control date increases in effort. The 1994-2003 harvest patterns were
not used to determine a target species QS recipients need for
overfished species QS. This is because of the substantial changes in
fishing patterns which were induced by the determination that some
species were overfished and the implementation of the RCAs and because
the RCAs will remain in place after the trawl rationalization system is
put into place. Therefore the Council considered that an estimate of
likely patterns of activity should be based on a period of time when
the RCAs were in place. The RCAs were not in place for most of the
1994-2003 period but were in place for 2003-2006, further supporting
the conclusion to use this period for the allocation of overfished
species.
Comment 32. One comment expressed concern over the impact of the
allocation formulas on Fort Bragg fishermen.
Response. After the adoption of its final preferred alternative,
the Council heard public comment with regard to concerns of the owners
of Fort Bragg trawl vessels over the initial allocation of QS for
constraining overfished species. The Council considered such testimony
and subsequently revised its initial final preferred alternative so
that all permits would receive an allocation of canary rockfish from
the equal division of the pool of QS associated with the catch history
of the buyback permits. The Council declined to revise the FPA for
constraining overfished species other than canary.
Comment 33. A comment stated that establishing IFQs for overfished
species will not solve problems of overfishing. IFQs will be
transferrable and distributed freely in the initial allocation to those
who are deemed to have the greatest need due to catch history. IFQs are
presumed to incentivize responsible fishing due to the cost of
purchasing additional quota. Because the value of IFQs is likely to
skyrocket due to high demand for a scarce resource, this system favors
larger operations with greater access to capital.
Response. The Council recommended its preferred alternative in
response to the identified need for bycatch control and the need for
conservation through its focus on individual accountability for catch
and bycatch. At present, total mortality for all species is measured
and controlled by monitoring total landings and sampling 20 percent of
the trawl trips to estimate bycatch rates (discard rates) that are then
applied to landings to develop an estimate of total catch and
mortality. With this approach, there is substantially less certainty
about total catch and mortality than there are total landings. Further,
while agencies are able to regulate total landings in the nonwhiting
trawl fishery through two-month cumulative limit periods and influence
bycatch rates with catch area restrictions and gear restrictions, they
face difficulties in managing for total catch in the nonwhiting portion
of the trawl fishery. The fishery is a mixed stock fishery. When,
despite best regulatory efforts, a fisherman encounters amounts of
certain species that are in excess of the two-month cumulative landing
limits, they may continue to fish for other target species, discarding
the species for which they have reached their limit. The current
monitoring system was designed to provide fleetwide total catch
estimates over the course of a year. It was not intended as a tool for
managing individual vessel discards in the nonwhiting trawl fishery or
for providing for individual accountability.
With 100-percent observer coverage, NMFS and the Council will be
able to better monitor total mortality of all groundfish species.
Better mortality estimates will improve both stock assessments and the
ability to keep catch below the harvest limits developed based on those
assessments, substantially contributing to conservation goals.
Additionally, rationalization, based on a system that relies on
transferable quotas, enhances the incentive to avoid bycatch. Without
transferable quota, the incentive is to reduce bycatch only to the
point where all targeted species can be harvested. With transferable
quotas, fishermen who can lower bycatch rates even further have a
potential opportunity to sell their unused quota to others, thus
benefitting from reducing their bycatch rate to a level lower than what
was necessary for them to take their own available target harvest.
Finally, this is a forward-looking management program. It is
expected to improve the economics of the overall trawl fishery.
Economic analysis of the fishery indicates that the average nonwhiting
shoreside fisherman is either breaking even or losing money (not fully
covering its capital costs). Fishing businesses that don't receive an
initial allocation may participate either by acquiring QP each year
from quota shareholders or acquiring long-term security through the
purchase of QS. Those fishing businesses that do not choose to acquire
QS will have to compete each year in the market for QP. Their ability
to purchase QP will depend on their ability to be more efficient than
other fishing businesses, and thereby more able to offer a higher price
for the QP. Fishing businesses that choose to do so will be able to
increase the security of their investments by acquiring QS.
Comments on Quota Ownership and Transfer
Comment 34. Commenters expressed concern that the average fisherman
will not be able to afford to participate and that this will lead to
increased consolidation and leave many ports no longer viable.
Response. NMFS recognizes the likelihood of increased consolidation
and negative impacts on some communities. The RIR/IRFA and FEIS
``Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery'' analyze these impacts and consider them in the context of
other costs and benefits expected to result from this program. Based on
these analyses, the program is expected to achieve net benefits to the
nation.
It is recognized that fleet consolidation will have an impact on
communities; however, other measures are provided to mitigate impacts
on communities (see Section 10.1.5 of the FEIS ``Rationalization of the
Pacific Coast Groundfish Limited Entry Trawl Fishery''). Under an IFQ
program, communities will have opportunities to plan and control their
destiny through the acquisition of QS, if they so desire. Furthermore,
the Council may use part or all of the 10 percent quota set aside in
the AMP to mitigate impacts on communities. The Council will also be
considering a trailing amendment to allow community fishing
associations to acquire quota, potentially in excess of control limits.
While this rule and amendments may have negative impacts on certain
communities and participants, viewing the fishery as a whole, the rule
and amendments are expected to improve the economics of the overall
trawl fishery.
The Council recognizes that for new entrants, the cost of acquiring
individual quota will add to the expense of entering the fishery. An
increase in profits (before taking into account the cost of the quota
and normal profits after taking into account the cost of the quota) and
stability is expected to
[[Page 60878]]
compensate for the increase in costs. Under status quo management, the
value of a new entrant's capital investment would be at greater risk
because of the potential erosion of fishing opportunity through the
increased effort of others. With respect to the capital badly needed
for infrastructure and vessel improvements, this is a condition that
has occurred under status quo management. There is no reason to believe
that continuation of status quo would improve the situation; however,
under IFQs, greater economic stability may facilitate a safer fleet
with a stronger infrastructure. Section A-2.2.2.d of Appendix A to the
EIS identifies ways in which the Council considered the needs of new
entrants.
With respect to new entrants working their way up from the bottom,
the QS system provides an opportunity for individuals such as crew
members to accumulate capital. For example, crew members might invest
in some QS, which is highly divisible, and sell their QP to the vessel
each year, creating a stream of income which may be accumulated to
allow them to purchase more QS and eventually a vessel.
Comment 35. Commenters stated that there should be greater
restrictions on ownership and transfer, such as requirements for an
owner on board, maximum lease percentages, and control at the community
level. Some commenters also stated that captains and crew can be
disadvantaged when employed on vessels with leased quota as opposed to
when fishing on vessels run by quota owners. One commenter stated that
the need to recoup the price of the quota lease makes it more difficult
for vessels fishing leased quota to be profitable and provides an
example from the Canadian halibut fishery.
Response. As noted above, with respect to new entrants working
their way up from the bottom, the QS system provides an opportunity for
individuals such as crew members to accumulate capital. For example,
crew members might invest in some QS, which is highly divisible, and
sell their QP to the vessel each year, creating a stream of income. In
addition, the AMP may potentially be used for aiding new entrants into
the fishery; the Council will be addressing the AMP program during the
first two years of the rationalization program.
The Council considered requiring an owner on board, but rejected
that alternative due to: The impracticality of such a provision in a
multispecies fishery which would rely heavily on quota trading to match
quota mix to catch mix; the substantial increase in tracking and
monitoring costs that such a provision would entail; and the fact that
the owner-operator mode of organization is less dominant in the trawl
fleet than in other, smaller boat, fisheries.
The Council recommended accumulation limits that reflect the
current level of concentration in the fleet, as reflected by the
harvest activity of individual permits. After consideration of a
variety of approaches, the Council recommended control at levels more
constraining than necessary to address concerns related to the
effective functioning of QS markets. This was done in order to achieve
certain objectives related to the distribution of QS ownership.
Accumulation limits for IFQ fisheries range widely depending on the
needs and circumstances of any particular fishery. The U.S. surf clam
and Wreckfish IFQ programs have no limits and rely on antitrust laws to
ensure excessive control does not occur. Limits in the New Zealand
system range from 10 to 40 percent, and limits in Iceland's IFQ system
run from 12 to 35 percent. Nova Scotia has a limit of 2 percent. Limits
in the halibut and sablefish IFQ fisheries in Alaska are set at 0.5 and
1.0 percent. The method used by the Council to develop the QS control
limits for this program considered experiences with these approaches in
other programs and is explained in the FEIS ``Rationalization of the
Pacific Coast Groundfish Limited Entry Trawl Fishery.''
The Council's recommended limits are intended to facilitate fleet
consolidation and increase efficiency.
Comment 36: Two commenters supported substantially rewriting the
ownership and control rules in proposed Sec. 660.140(d)(4)(iii).
Response: The specific comments are summarized and addressed below.
a. Under proposed Sec. 660.140(d)(4)(iii)(B), ``any person who
serves in an executive or management capacity of a corporate entity
that may own quota shares is considered to have control, even though
that person may have not actual control over the use of the company's
quota shares.'' A similar situation exists with (iii)(F), where there
is implied control as a coincidental circumstance of employment with a
particular entity.
The commenters provided an example where the Vice President of
Human Resources of Company X would be considered to have control even
though she has no control over fishing activities, and such Vice
President is also a member of a family corporation that owns a boat
that has quota shares. The commenters ask who would be required to
divest shares in excess of the accumulation limits, if the total of the
``two completely separate and distinct quota share holding exceeds the
accumulation limits, or whether the Vice President would be required to
resign her position.
NMFS does not agree that Sec. 660.140(d)(4)(iii)(B) needs
revision. The commenters did not provide sufficient facts to enable
NMFS to determine whether the Vice President's position provides her
the type and scope of authority described in that section of the
regulations. It did not provide sufficient information to determine her
share of the family corporation to determine how much of that
corporation's quota share she has attributed to her for ownership
purposes. It also does not describe the amount of control she has
within the family corporation or to determine whether she should be
attributed with control over the entire family share. A determination
of whether this person would exceed any control limit would be based on
a variety of factors, including the details of the Vice President's
position with Company X, the share of the family corporation she has,
and her position in the structure of the family corporation. As to
divestiture when a limit is exceeded, the parties involved would need
to make the decision on how to divest or otherwise come into compliance
with the limits.
b. Proposed Sec. 660.140(d)(4)(iii)(D) and (E) ``could eliminate
the ability of a quota share/quota pound owner to obtain necessary
financing for fishing operations. Under these sub-clauses, a bank or
other financial institution would be unable to provide loans using
quota shares/pounds as collateral, a common practice in limited access
fisheries. A quota share brokerage would be unable to take title or
otherwise encumber quota shares/pounds beyond the accumulation limits,
even if a fisherman requested the broker do so.''
NMFS does not intend that these sections apply to banks or
financial institutions, unless the financial documents specify control
beyond normal business agreements. NMFS has modified the regulations
accordingly. As for quota share brokerages, each transaction must
comply with the accumulation or control limits; however, compliance
does not prevent brokerage transactions. Compliance would be based on
the facts of the transactions.
c. Proposed Sec. 660.140(d)(4)(iii)(D) and (E), ``along with sub-
clause (iii)(H), could prevent the formation of
[[Page 60879]]
cooperative entities among fishermen to maximize efficiencies, reduce
observer costs, and increase revenues--all activities that are assumed
to be benefits and expected outcomes of Amendment 20.''
In response, NMFS notes that participants in any cooperative
arrangement need to comply with the accumulation limits; it will be
important that the terms of the cooperative arrangement, or any other
arrangement, be carefully drafted and implemented such that the
accumulation limits are not exceeded. The Council has stated its intent
to consider a type of cooperative arrangement for communities
(community fishing associations or CFAs) in the future as a trailing
amendment--proponents of CFAs have suggested the need for modifications
to the accumulation limits under certain circumstances.
NMFS acknowledges that participants in the fishery may be concerned
about whether potential actions would comply with the accumulation
limits. It is the responsibility of the participants to comply with the
regulations; if participants have questions about potential actions,
NMFS encourages those participants to provide the agency with specific
facts and questions prior to entering into agreements or taking action
in order to understand NMFS's interpretation of the potential facts in
relation to the regulation.
Comment 37. Commenters stated that factors such as the cost of
quota, unrestricted leasing, and no owner-on-board requirement will
increase involvement of those not currently involved in fishing to the
detriment of fishing families and communities.
Response. This issue, as well as eligibility-to-own rules, and
other relevant issues will be reviewed during the 5-year review. The
proposed program components rule includes a comprehensive mandatory
economic data collection program that is specifically designed to
provide socioeconomic data that will assist the Council in their
scheduled 5-year review of the program. NMFS has published a final rule
(75 FR 4684, January 29, 2010) to collect information needed to track
ownership patterns. This issue, as well as eligibility-to-own rules,
and other relevant issues will be reviewed during the 5-year review.
Comment 38. A commenter expressed concern that the cost of quota
shares will lead to dominance by larger scale participants resulting in
a loss of political voice by smaller scale fishermen affecting the
Council's ability to change or revoke catch shares in the future.
Response. The Council will conduct a comprehensive review no later
than five years after the implementation of the program to determine
whether the program has achieved the goals and objectives of Amendment
20. Based on this review, which will be during the public Council
process, the Council may recommend a variety of actions, including
dissolution of the program, revocation of all or part of the quota
shares, or other fundamental changes to the program.
Comment 39. Several commenters objected to the ownership and
transfer provisions for the following reasons: Concerns over
consolidation that may leave ports no longer viable; negative effects
on captains and crew when employed on vessels with leased quota;
concerns about loss of opportunity to comment in the process; auctions
and rent caps should have been considered; costs of quota and
unrestricted leasing will increase involvement of those currently not
participating; and the need for owner on board requirements.
Response. With respect to the concern that excessive consolidation
will leave some ports no longer viable, and that this is inconsistent
with MSA national standards, as stated in the FEIS ``Rationalization of
the Pacific Coast Groundfish Limited Entry Trawl Fishery,'' Chapter 10,
page 672, National Standard 8 states that ``Conservation and management
measures shall, consistent with the conservation requirements of the
Magnuson-Stevens Act (including the prevention of overfishing and
rebuilding of overfished stocks), take into account the importance of
fishery resources to fishing communities in order to: (1) Provide for
the sustained participation of such communities; and (2) To the extent
practicable, minimize adverse economic impacts on such communities.''
Chapter 4.14 of the analysis describes anticipated impacts on
communities and acknowledges a possibly profound impact on communities
that depend on trawling. This is due to the nature of rationalization
which results in fewer fishery participants and likely geographic
shifts. The goal of attaining a sustainable fishery as a whole requires
some impacts to individual communities. However, the Council also
recommended measures that should mitigate these impacts. For example,
the program would allow communities to purchase quota or permits to
keep some of the fishery in the community. In addition, the AMP is
intended for use in ameliorating impacts on communities.
In addition, fishing community participation is addressed in the
FEIS ``Rationalization of the Pacific Coast Groundfish Limited Entry
Trawl Fishery,'' on page 676. Appendix A provides additional discussion
of the Council's consideration of communities at Section A-2.1.1.a, and
lists alternative means by which Amendment 20 addresses community
needs, including:
Maintenance of a split between the at-sea and shoreside
trawl sectors.
Broad eligibility for ownership.
A temporary moratorium on the transfer of QS to ease the
adjustment period and allow for adaptive response.
Specification of vessel and control limits to spread QS
among more owners and potentially more communities.
Inclusion of a community advisory committee as a formal
part of the program performance review process.
The Adaptive Management set-aside.
In conclusion, NMFS believes that potential impacts to Pacific
coast communities as a result of trawl rationalization were well
analyzed, and the rationalization program minimizes these impacts to
the extent practicable.
With respect to the concern that vessel leasing arrangements can
adversely impact the captains and crew participating under a quota
share program, NMFS notes that captains and crew have the option of
selecting employment opportunities under the trawl rationalization
program that best suits their individual needs, including selection
based on their understanding of the terms associated with their
employment. In addition, the accumulation limits envisioned under this
program place serious constraints on the abilities of vessel owners to
accumulate quota through leasing arrangements.
With respect to the comment that there was a lack of opportunity to
comment on the QS ownership and transfer options, NMFS does not agree
that there was a lack of opportunity to comment on the specifics of
this program. The reader is referred to the response to comment 18
above where the public input process is described in detail.
With respect to the suggestions regarding the auction concept and
rent caps suggested by one commenter, or ``cap-rent-recycle model
alternative,'' NMFS's response was addressed in the response to
comments on the draft EIS ``Rationalization of the Pacific Coast
Groundfish Limited Entry Trawl Fishery,'' and is repeated here. This
alternative would have government capture resource rents to be used for
[[Page 60880]]
public purposes. The use of fixed-term QS that would be auctioned off
periodically is one method to achieve such ``rent capture.'' The
Council considered fixed terms and auctions but rejected this mechanism
from further detailed study. In doing so, the Council considered the
analysis contained in Appendix F of the EIS and the critique of the
analysis presented by their SSC. The Council rejected inclusion of
fixed-term QS and auctions in the range of alternatives, because (1)
auctioning quota at the outset of the program could make it more
difficult for the groundfish trawl fleet to successfully transition to
IFQ/co-op management, and (2) exclusion of auctions from the range of
alternatives does not imply that access privileges have been
irrevocably distributed.
NMFS and the Council intend to give further consideration of
auctioning harvest privileges during the 5-year program review.
With respect to the comment that unrestricted leasing could be
problematic, NMFS agrees with this perspective, and in Appendix A of
the FEIS ``Rationalization of the Pacific Coast Groundfish Limited
Entry Trawl Fishery,'' on pages A-284 to A-307, there is a lengthy
discussion of the vessel limits and QS control limits recommended by
the Council. Accumulation limits are described generally on page A-284,
``This provision restricts the amount of QS and QP that may be held.
Three types of accumulation limits are included, control limits, vessel
limits, and an unused QP limit for vessels. The control limit would
apply to QS; the vessel limit would cap the total amount of QP that may
be registered to a single vessel during the year, and would cover both
the vessels' used and unused QP. Under this limit, a vessel could not
have more QPs registered for the vessel than a predetermined percentage
of the QP pool. The unused QP limit for vessels would cap the amount of
unused QP in a vessel's account.'' From page A-285, ``There is a
tension between allowing a sufficient accumulation to improve the
efficiencies of harvesting activities and preventing levels of
accumulation that could result in a variety of adverse economic and
social effects.'' NMFS believes that the accumulation limits
established for Amendment 20 represent a reasonable balance of
interests.
The owner-on-board provision was addressed in the response to
comments on the draft EIS ``Rationalization of the Pacific Coast
Groundfish Limited Entry Trawl Fishery,'' and is repeated here. ``An
owner-operator or owner-on-board provision was considered but rejected.
In Section A-11 of Appendix A, three reasons are identified for
rejection of the provisions: First, the impracticality of such a
provision in a multispecies fishery which would rely heavily on quota
trading to match quota mix to catch mix; second, the substantial
increase in tracking and monitoring costs that such a provision would
entail; and third, the owner-operator mode of organization is less
dominant in the trawl fleet than in other, smaller boat, fisheries.''
Comments on Community Impacts, Involvement, and CFAs
Comment 40. A commenter expressed concern that the cost of quota
shares will lead to dominance by larger scale participants resulting in
a loss of political voice by certain communities and negative impacts
on community infrastructure.
Response. As stated in responses to comments 39, and 65-67, the
underlying analyses consider a wide variety of community impacts,
including impacts related to consolidation. However, the Council
process is an open public process and communities will continue to be
able to participate regardless of the amount of QS located within a
community.
Comment 41. Several commenters stated that there should be an
initial allocation to communities and that the Council should have
worked with communities. Some commenters provided additional specific
input on this point such as that the crabbers in San Francisco are
forming a CFA and would benefit from an initial allocation. One
commenter stated that CFAs should receive 25 percent at time of initial
allocation. Another suggested providing CFA an initial allocation out
the adaptive management program, from quota from the ``bought out
draggers'', or from increases in fish populations due to rebuilding.
Response. The Council conducted extensive outreach to communities
beginning very early in the development of Amendments 20 and 21. The
results of this outreach effort and community concerns thereby raised
was summarized in Appendix H to the Council's 2005 scoping report (see
pp. 108-112). The Trawl Individual Quota Committee (TIQC) also
discussed community-related issues at length; as with all Council
committees, their meetings were open to the public and opportunities
for public comments from non-committee members were provided. Another
example of community outreach may be found in the 2004 Environmental
Defense report submitted to the Council summarizing the results of a
survey of community stakeholders and their concerns over the
development of the trawl rationalization program.
In June 2005, the Council directed the analytical team in
consultation with the Council's SSC to draft a range of alternatives
for community involvement in the trawl rationalization program. Then in
November 2005, the Council devoted substantial time to the
consideration of options to address community impacts, including the
distribution of QS to communities. DEIS Appendix A, pp. A-41 to A-42,
summarizes results of the process, noting the difficulty in identifying
an appropriate representative body within the community that would hold
QS. As described there, at that time community leaders did not express
interest in receiving an initial allocation of QS because of the
administrative and political costs of managing such an allocation.
Furthermore, communities (through whatever organizational mechanism)
have not been precluded from acquiring groundfish limited entry trawl
permits, which would make them eligible for the initial allocation of
QS associated with a permit. Additionally, the Council's preferred
alternative includes a very broad definition of who may own QS so
communities are not precluded from acquiring QS once the program is
implemented. Appendix A of the 2005 Council's scoping report also
contains an analysis of community measures and effects in the context
of the use of regional area restrictions.
Although the Council considered incorporating provisions for CFAs
into the alternatives early in the development process, no strong
recommendation or advocacy was voiced by members of the public or
representatives on the TIQC, which was intended to represent a cross
section of interests for the development of recommendations on
structuring the trawl rationalization program. Proposals for including
provisions for CFAs in the program emerged later on, when the Council
was at the point of adopting a preferred alternative in November 2008,
in part tied to the issue of how to deal with QS holding in excess of
accumulation limits. Further refinement of the preferred alternative,
which occurred at Council meetings in 2009, included additional
consideration of CFA provisions. Specifically, at the April 2009
Council meeting, Agenda Item F.4 addressed CFAs, and it was at this
time that the Council concluded that it would be more appropriate for
CFA provisions to be implemented through a trailing action. However,
the moratorium on the transfer of QS during
[[Page 60881]]
the first two years of the program, combined with provisions to allow
divestiture of QS over accumulation limits during years 3 and 4 of the
program, were designed to facilitate the transfer of QS to CFAs. The
moratorium is in part intended to slow the movement of QS holdings out
of communities during a time when the trailing action for CFAs can be
developed and implemented in a considered fashion. Recommendations for
how to structure the CFA provisions in a trailing action are welcome
and should be brought forward as that proposal is developed. The
Council is likely to begin developing CFA provisions in 2010 so that
they could be in place before the QS divestiture period begins.
Comment 42. Several commenters stated that it is important that
CFAs be formed at the start of the process, rather than after the
initial issuance. They stated that the proposed rule would hinder
development of CFAs. One commenter stated that having to purchase quota
will make it too expensive for communities, without a public subsidy,
to acquire what was once a public resource.
Response. See response to comment 41 above with respect to the
timing issue. See the discussion in section 13(a), below, about
perceptions regarding the privatization of a public resource.
Comment 43. One commenter stated that the development of coops for
nonwhiting shoreside would help communities, but the rule seems to
preclude this.
Response. This rule does nothing to preclude the formation of coops
as long as they are consistent with accumulation and control limits.
However, other authorities may apply, including but limited to the
Fishermen's Collective Marketing Act, 15 U.S.C. 12.
Comment 44. Some commenters stated that the proposed rule and
amendments would have negative impacts on community infrastructure.
Specific examples of negative impacts, projected to be devastating,
were provided for several communities including Humboldt Bay, and Port
Orford. One commenter stated that the Council refused to evaluate
impacts to Port Orford.
Response. See response to comments 39, 40 and 65-67. Impacts on a
broad range of communities are assessed and acknowledged.
Comment 45. Some commenters objected to the disparate impacts on
some communities versus others.
Response. See response to comments 39, 40 and 65-67. Impacts on a
broad range of communities are assessed and acknowledged.
Comment 46. Some commenters stated that as a result of
consolidation there will be fewer active fishing ports.
Response. See response to comments 39, 40 and 65-67. Impacts on a
broad range of communities are assessed and acknowledged.
Comments on Adaptive Management
Comment 47. Two comments were received regarding the AMP: One felt
the AMP ``should be used to mitigate `one-off' transition impacts
including the one-time resolution of proven stranded capital issues. It
should then be held, to provide an incentive pool for conservation
results and for further transitions as required to improve the
program;'' and the other general comment was ``too little too late.''
Response. The comments on how the AMP should be used can be seen as
entirely consistent with the intent of the Council and NMFS in
designing the program. Beginning in year 3, the AMP set-aside of 10
percent of the nonwhiting QS in the shoreside non whiting sector will
be used to address specific objectives, identified on page 402 of
Appendix A of the FEIS ``Rationalization of the Pacific Coast
Groundfish Limited Entry Trawl Fishery.'' The objectives are:
``Community stability, processor stability, conservation, unintended/
unforeseen consequences of IFQ management, and facilitating new
entrants.'' The objective of an incentive pool for conservation results
was identified by NMFS as a high priority for use of the AMP in future
years.
Regarding the ``too little too late'' comment, for the first two
years of the program, the 10 percent AMP is allocated to the shoreside
nonwhiting sector to ease the transition to an IFQ system. The Council
and NMFS will be evaluating the changes that will occur after
implementation, and will be in a position to react as necessary to
address impacts under the objectives already identified. NMFS believes
this is the proper way to proceed with the AMP component of the
program, and is not too little or too late.
Comments on Participation by and Effect on Nontrawl Fisheries
Comment 48. Comments on participation by and effect on non-trawl
fisheries as a result of this rule included: Concerns with spillover
effects in non-trawl fisheries; impacts on fixed gear fleet; impacts on
crab and shrimp fisheries; more equitable intersector allocation to
allow fixed gear to harvest trawl quota; and lack of conservation
associated with gear switching provisions.
Response. The potential spillover effects on other fisheries
associated with the trawl rationalization program are specifically
addressed in the FEIS ``Rationalization of the Pacific Coast Groundfish
Limited Entry Trawl Fishery'' in Chapter 4, Sections 4.8.2 and 4.8.3 on
pages 402-409. The potential effects due to rationalization include
fleet consolidation, harvest timing flexibility, bycatch, and gear
switching. All of these potential effects were identified and analyzed,
to the extent possible, without the knowledge of observed or actual
impacts. These potential impacts were highlighted for the purpose of
monitoring behavioral changes in the fishery, understanding their
impacts, and reacting through the Council process to minimize impacts.
These matters will also be evaluated through the 5 year comprehensive
review of the trawl rationalization program.
With regard to intersector allocations and allowing fixed gear to
harvest trawl quota, it should be noted that trawlers who have entered
the fishery since 1994 have had to buy trawl permits to access trawl
quota, thus in this respect other vessels would be on an even footing
with trawl vessels. This issue of requiring a trawl permit and quota to
harvest trawl quota with fixed gear is addressed in Chapter 10, page
661 of the FEIS ``Rationalization of the Pacific Coast Groundfish
Limited Entry Trawl Fishery.'' On average there are about 120 trawl
vessels that participate in the fishery each year; however, there are
about 168 permits. This indicates some opportunity for nontrawl vessels
to acquire trawl permits and use trawl IFQ. Further, it is expected
that there will be consolidation in the trawl fleet, increasing the
number of trawl permits potentially available for use by nontrawl
vessels. Thus, despite the limited scope the IFQ system will allow for
some use of trawl IFQ by nontrawl vessels.
Regarding the comment about lack of conservation associated with
gear switching provisions, this issue of fishing with more
environmentally friendly gear can be evaluated through time. All
fishing associated with trawl IFQ will be subject to 100 percent
observer requirements, including trawl IFQ that is harvested with fixed
gear. Given this, there will be documentation of impacts associated
with target catch, bycatch of overfished species, and non-target
species. This documentation will provide first hand opportunities for
assessing the impacts of differential gear types on all groundfish
species in a quantitative manner.
[[Page 60882]]
Comments on Other Effects
Comment 49. Some commenters stated that there will be negative
impacts on processors, that small processors will be driven out of
business due to consolidation, and that processors will not be able to
make up losses from lost trawl revenues, and that shortened seasons
will further affect them. Some commenters stated that the proposed rule
and amendments will change the nature of the fishery, and eliminate the
``mom and pop'' businesses, and cause loss of fishing heritage.
Response. This response builds on the response to Comment 19. The
processing sector is organized with a few very large operations and
their subsidiaries, along with a number of small and mid-sized firms.
Based on available information, the processing sector for nonwhiting
trawl groundfish is characterized by a relatively small number of
processing companies processing most of the harvest. The three largest
companies handle approximately 80 percent of the nonwhiting trawl
landings, while the fourth through sixth largest companies handle just
over 10 percent of the landings. For 2008, purchases of limited entry
trawl groundfish by first receiver. In 2008, 75 first receivers
purchased limited entry trawl groundfish. There were 36 small
purchasers (less than $150,000), 26 medium purchasers (purchases equal
to or greater than $150,000 but less than $1,000,000), and 13 large
purchasers (purchases equal to or greater than $1.0 million). When the
trawl rationalization program is implemented, to continue buying
limited entry trawl groundfish, these purchasers will have to obtain a
processor site license that includes requirements to submit electronic
fish tickets, provide a catch monitoring plan, and schedule a catch
monitor. Given the costs associated with these reporting requirements,
it is expected that many of the 36 small purchasers will cease buying
fish altogether or obtain their fish through other processors that have
invested in a site license.
It is expected that the TIQ will lead to consolidation and this may
affect small processors, particularly if they are in disadvantaged
ports. Chapter 4 of the FEIS analyzed the effects on processors from
various perspectives: The distribution of landings across west coast
ports may change 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). In particular,
the Council analysis indicated that processors associated with
disadvantaged communities may see trawl groundfish volumes decline.
The analysis highlights that those processors receiving landings
from Central California or Neah Bay may see a reduction in trawl caught
groundfish if the market is able to redirect activity toward more
efficient and advantaged ports. However, in addition to increased
landings that are expected to result from the TIQ program, small
processors and disadvantaged communities may benefit from the control
limits, vessel limits, and adaptive management policies. Control limits
will limit the ability of large processors to obtain shares of the
fisheries while the adaptive management processes will allow the
Council to consider the impacts on small processors, and disadvantaged
communities when allocating the adaptive management quota (10 percent
of the total non-whiting trawl quotas). Although vessel accumulation
limits tend to lower economic efficiency and restrict profitability for
the average vessel, they could help retain vessels in communities
because more vessels would remain.
Another process by which small processors and disadvantaged
communities may benefit from will be the future establishment of
regulations and policies that allow CFAs to be formed. Some of the
potential benefits of CFAs include: Ensuring access to the fishery
resource in a particular area or community to benefit the local fishing
economy; enabling the formation of risk pools and sharing monitoring
and other costs; ensuring that fish delivered to a local area will
benefit local processors and businesses; providing a local source of
QSs for new entrants and others wanting to increase their participation
in the fishery; increasing local accountability and responsibility for
the resource; and benefiting other providers and users of local fishery
infrastructure. The development of CFAs could have a positive impact on
the culture of fishing communities. Although little research has been
done on the effect of CFAs on culture, it seems likely that CFAs could
strengthen a community's cultural associations with fishing by
contributing to a unique sense of identity, increasing accountability
for both natural and cultural resources, and building and strengthening
connections among community members.
Comments on the RIR/IRFA
Comment 50. One commenter stated that the summary of the initial
regulatory flexibility analysis (IRFA) contained in the preamble makes
erroneous assumptions regarding costs and benefits. Benefits to
harvesters are in part predicated on the idea that somehow raw fish
prices can increase if harvesters have enough time available to suspend
their fishing activity and hold fish processors hostage (``The extended
period would give harvesters greater latitude to hold out for better
prices compared to the no action alternative.'' 75 FR 33022). The
commenter noted that the idea that fishermen going on strike to force
higher prices of a commodity that has substantial substitutability in
the marketplace was unreasonable and referred the preparers of the IRFA
to review reports in local and trade press regarding the groundfish
trawl vessel tie-up that occurred in March and April of 2007 and its
aftermath to see where their assumptions are erroneous. Similarly, the
commenter objected to the following in the summary of the IRFA: ``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.'' The commenter noted that if the preferred
alternative is going to allow fishermen to control timing through their
ability to hold out for better prices, how can it also allow processors
to control timing?
Response. There are two versions of the IRFA. The first version of
the IRFA was a preliminary analysis that was developed for the DEISs
(DEIS IRFAs): 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 second
version of the IRFA was developed to support the proposed rule (75 FR
32994, June 10, 2010) associated with this final rule (PR IRFA) and is
a combination and update of the DEIS IRFAs. NMFS has reviewed the
summary of the PR IRFA contained in the preamble to the proposed rule
and concludes that the summary statements are inconsistent with Chapter
4 of the Amendment 20 DEIS and with that DEIS IRFA.
The main analysis of the Amendment 20 DEIS IRFA included the
following correct statement, which was not included in the PR IRFA:
``Groundfish compete in regional, national, and global markets where
many products are
[[Page 60883]]
substitutable. Therefore, west coast groundfish producers (harvesters
and buyers/processors) have little ability to influence price based on
supply. In general, the ability to influence price is not expected to
change under the proposed action. However, rationalization of the
fishery could allow quality improvement and the development of new
product forms/markets that could increase prices for certain species of
fish currently caught. As noted above as an example, the whiting
fishery operates as a derby fishery (especially in relation to bycatch
species limits rather than the target species) causing the fishery to
close due to imposed limits rather than availability of fish or market
conditions. Whiting attain a larger size later in the year, commanding
a higher unit price. Nonwhiting harvesters currently operate under 2-
month cumulative landing limits, which allow greater flexibility in
terms of harvest timing between 2-month periods but less flexibility
within periods (because any difference between actual limits and the
period limit cannot be carried over to the next period). In contrast,
under the IFQ program harvesters will have control over harvest timing
over the whole calendar year. However, in terms of any influence on
price, this increased flexibility is unlikely to have a noticeable
effect. The degree to which harvesters versus processors are able to
capture profits due to increases in price depends on their relative
bargaining power * * *.'' Bargaining power is a concept related to the
abilities of parties in a given situation to exert influence over each
other. Fishermen and processors negotiate the prices that are paid to
the fishermen for delivering their fish to the processor. One way for
fishermen to exert influence on the prices they receive for their fish
is to delay the delivery of fish until the processor provides the
desired price. Under the IFQ system, fishermen have the ability to
choose when they can deliver their fish. Under the current system, the
fishermen are given two month landing limits and these limits are
designed to achieve a year-round fishery and to address the seasonality
of the market. Given that the current system is already designed to
address the seasonality of the market, the influence of fishermen to
raise market prices based on the timing of deliveries relative to the
current timing of deliveries is not expected to be great.
Chapter 4 of the FEIS (http://www.pcouncil.org/groundfish/fishery-management-plan/fmp-amendment-20/#EIS) provides the following analyses
concerning the issue of a fishermen's strike: ``In order to foster the
year-round goal of this fishery, regulations are created with the
intention of spreading the harvest throughout the year. These
management tools evolved into two-month catch limits, which effectively
act as a two-month nontransferable quota for vessels in the fishery.
Because of this two-month quota system, Olympic conditions do not exist
in this fishery, and large pulses of harvest over a short time
generally do not occur, except in cases where prolonged episodes of
poor weather have restricted harvest opportunities. The two-month limit
structure and elimination of Olympic fishery conditions make it
possible for harvesters in this sector to collectively negotiate over
ex-vessel prices with processors compared to harvesters in the whiting
fishery. However, the ability for these negotiations to occur appears
to be somewhat limited by the length of the two-month period. If
harvesters strike for more than 60 days, they risk foregoing the
harvest available to them during that two-month period. While managers
may increase opportunities later in the year to make up for lost
harvest, history has shown that often this is not possible because of
time-sensitive interactions with rebuilding stocks and the fact that
protecting rebuilding stocks often leads to a reduction in harvest
opportunity for healthy stocks. This means that, while harvesters have
a greater likelihood of collectively negotiating higher prices in the
nonwhiting fishery, the ability to do so may break down quickly as the
end of a two-month limit approaches.
A review of relevant articles indicates that 100 fishermen did
undergo a six week strike from March 1, 2007 to April 12, 2007, seeking
an agreement with processors for increased prices for petrale sole and
dover sole and that the strike was unsuccessful. Within these articles
the following factors were mentioned: Prestrike glut due to high effort
and trip limits; loss of income to fishermen; differences between
fishing groups; differences between processors; that the major products
were sold in fresh markets; competition with frozen product; increased
quotas for dover sole and petrale sole; effects of the bimonthly trip
limits; processor fleets versus fishermen's association fleet;
independent fishermen; destabilized prices; major decrease in prices,
because of the strike--loss of market share to tilapia; and the
inability of the largest groundfish fishermen's association and two of
the largest processors to come to an agreement.
Therefore, in response to this comment, the FRFA will contain this
comment and response and NMFS will make the summary consistent with
main body of analysis by redrafting the summary to reflect the
following statement: ``Nonwhiting harvesters currently operate under 2-
month cumulative landing limits, which allow greater flexibility in
terms of harvest timing between 2-month periods but less flexibility
within periods (because any difference between actual limits and the
period limit cannot be carried over to the next period). In contrast,
under the IFQ program harvesters will have control over harvest timing
over the whole calendar year. However, in terms of any influence on
price, this increased flexibility is unlikely to have a noticeable
effect.''
Comments on Policies and Legal Standards
Comment 51. One commenter stated that Amendment 20 fails to meet
the goals and objectives for the program established for it by the
Council which are to: 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 commenter further states that
Amendment 20 fails to meet at least four of the eight specific
objectives identified by the Council: It does not provide for a viable,
profitable and efficient groundfish fishery in northern California; it
does not increase operational flexibility for the shoreside non-whiting
sector (in fact the opposite is true); it does not ``minimize adverse
effects from an IFQ program on fishing communities and other fisheries
to the extent practical;'' and it will destroy fishing related
employment in Fort Bragg, rather than ``promot[ing] measurable economic
and employment benefits through the seafood catching, processing,
distribution elements and support sectors of the industry.''
Response. The analyses included in the FEIS ``Rationalization of
the Pacific Coast Groundfish Limited Entry Trawl Fishery'' fully
disclose anticipated impacts and recognize that catch share programs
can have disparate impacts on different segments of the fishery. Thus,
while negative impacts will occur in some areas, NMFS believes that
Amendment 20 will result in a fishery that is more sustainable as a
whole and that will provide maximum benefits to the nation.
[[Page 60884]]
a. Public Trust and Privatization
Comment 52. Some comments expressed concern that the trawl IQ
program gives a public resource to individual fishermen and fishing
corporations in perpetuity.
Response. The Amendments do not change the fundamental nature of
the Pacific groundfish fishery. Fishery resources continue to be public
resources managed under the MSA and fish are not considered to be
private property until they are harvested. The MSA authorizes the
implementation of limited access programs such as the trawl IQ program.
Under this program, fishermen will need to acquire QS, through initial
allocation or subsequent transfer, before harvesting fish. IQs are
Federal fishing permits that may be transferred to qualified
individuals or entities. They also may be revoked, limited or modified.
NMFS and the Council will monitor the programs established by
Amendments 20 and 21, and can amend the programs if they are not in the
public interest.
Comment 53. A comment expressed concern that QS will be treated as
assets to be traded, pledged as collateral, and held by third parties
with no interest in fishing.
Response. QS are federal fishing permits that may be revoked,
limited or modified. 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. As long as the regulatory
requirements are met, this rule does not limit private arrangements for
use or transfer of QS.
Comment 54: Some commenters expressed concern that the American
public is not compensated for the privatization of a public resource.
Response: The Council intends to develop a trailing amendment that
will provide for a program of fees to recover the agency costs of
management, data collection and analysis, and enforcement activities,
within limits established by the MSA. In addition, the Council
considered an auction system to collect royalties for the initial
allocation of QS, as required by the MSA. The Council concluded that
the collection of resource rents without a phase-in would be disruptive
to the fishery. Therefore, the Council deferred further deliberations
on royalties until the first 5-year review of the program. As the trawl
rationalization program matures in the future, the Council may provide
for a greater return to the American public.
Comment 55: Commenters opposed the future use of public funds to
compensate permittees, or to assist new entrants in buying QS from
those who received it at no cost to themselves.
Response: These comments address future actions and are beyond the
scope of this final rule. The regulations at 50 CFR 660.25(h)(2)(iii)
state that the permits do not confer a right to compensation to the
permit owner if a permit is revoked, limited or modified. In addition,
the regulations at 50 CFR 660.24(h)(2)(iii) state that the permits do
not create any right, title or interest in fish before the fish is
harvested by the holder. Courts have found that a fishing ban and a
revocation of a fishing permit do not constitute a taking under the 5th
Amendment to the U.S. Constitution. (See Conti v. United States, 291
F.3d 1334 (U.S. Ct. App. 2002); American Pelagic Fishing Company v.
United States, 379 F.3d 1363 (U.S. Ct. App. 2004.) The Council will
continue to monitor the fishery and will solicit public comments on
future amendments as necessary.
b. Magnuson-Stevens Act
Comment 56. Several commenters made general statements that the
proposed rule and amendments appear inconsistent with the Magnuson-
Stevens Act, National Standards 2, 7, 8, and 9 of the MSA, and/or other
applicable laws.
Response. NMFS disagrees for the reasons described in this
document, and specifically in the responses to comments 57 through 78.
Comment 57. One commenter stated that, because allocations are not
fair and equitable, they do not achieve OY. Specifically, the commenter
states that inequitable allocations of overfished incidental catch
species will result in leaving sustainable stocks in the water,
undermining the ability to achieve optimum yield.
Response. National Standard 1 requires that: ``Conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery * * *'' MSA
section 301(a)(1). The MSA defines OY to mean: ``The amount of fish
which--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 prescribed on the basis of the ``maximum sustainable
yield'' (MSY) from the fishery, as reduced by any relevant social,
economic, or ecological factor; and in the case of an overfished
fishery, provides for rebuilding to a level consistent with producing
the maximum sustainable yield in such fishery. MSA section 3(28); See
also 50 CFR 600.310(e)(3). Thus, National Standard 1 does not require
that FMPs provide for 100 percent harvest of all healthy stocks.
As described in the preamble to the proposed rule, Amendment 20 is
intended to ameliorate the existing problem of overfished species
constraining the harvest of healthier stocks. See response to comment
61 addressing the claims that the allocations are not fair and
equitable.
Comment 58. One commenter stated that logbook data used to develop
the allocations of overfished species is not the ``best available
data'' because the years selected skew the results.
Response. The Council's selection of years on which to base the
allocations of overfished species was a policy decision. See responses
to comments 29 and 31 for more information on the rationale for that
policy decision. The data used to inform that recommendation and the
development of the allocations complied with National Standard 2.
The Council considered and rejected the option of allocating
overfished species for nonwhiting trips using the same method as for
other nonwhiting IFQ species as not appropriate under the
circumstances. In particular, the relative weighting approach, by which
landings for a year are measured as a percent of all landings for the
year and species, would have given a particularly high amount of credit
for pounds caught during the rebuilding period. Additionally, QS would
have been allocated to those who targeted some of the overfished
species in the mid-1990s (before they were declared overfished) rather
than to those who need such QS to access current target species.
Accordingly, the Council rejected the approach of using the same
allocation formula for overfished species as for nonwhiting target
species based on the desire to not reward bycatch during the rebuilding
period and in order to provide QS to those who would need it to cover
incidental catch taken with their target species QS allocation.
Comment 59. Some commenters stated that the proposed rule and
amendments do not comply with National Standard 2 because some relevant
case studies were not considered.
Response. Chapter 4.3.2 of the EIS provides descriptions of case
studies and lessons learned from IFQ programs around the world. The
Council and the
[[Page 60885]]
agency considered a broad range of case studies that focused on IQ
programs in other parts of the United States or the world. See also the
response to comment 68 below.
Comment 60. The comment stated that the choice of 1994-2003 as the
qualifying years does not reflect the ``best scientific information
available,'' as required by 16 U.S.C. 1851(a)(2), because it ignores
the dramatic changes that began taking place in the whiting fishery
starting in 2001, and which have been especially significant after
2003.
Response. Generally speaking, NMFs disagrees that impermissibly
dated or stale information was used for this action. The Council and
NMFS have used the best information available at each step of the
process in implementing the trawl rationalization program. The Council
and NMFS analyzed and considered data including past and present
participation, historical dependence of various sectors on the
groundfish resource, economic impacts of the action on various sectors,
cultural and social framework of the various sectors, impacts on other
fisheries, and other relevant considerations.
As discussed in detail above, see response to comment 29, the
Council is required to consider and balance several factors, including
current harvests and historic harvests, when making initial allocation
decisions. Although the Council did examine present participation
levels, the Council gave greater weight to historic participation in
determining the initial allocation.
Comment 61. Commenters stated that the allocation of overfished
species QS violates National Standard 4 because some permit holders
received up to 0.67 metric tons of Canary Rockfish while others ``in
effect received zero.'' Further, this ``failure to equitably allocate
QS for overfished incidental catch species'' will prevent the fishery
from achieving optimum yield. Because the plan will benefit the
offshore whiting fleet primarily based in Washington and Oregon while
harming the non-whiting shore based trawlers in Fort Bragg, California,
the plan discriminates against citizens of different states. The
commenter stated that ``participants along the entire coast should bear
equally'' the burdens of protecting overfished stocks. Finally, the
allocation of QS of healthy stocks violates National Standard 4 because
it benefits ``boats that only fish off the lower west coast on a part
time basis,'' while harming full time fishermen from Oregon.
Response. National Standard 4 requires that conservation and
management measures shall not discriminate between residents of
different States. If it becomes necessary to allocate or assign fishing
privileges among various United States fishermen, such allocation shall
be (A) fair and equitable to all such fishermen; (B) reasonably
calculated to promote conservation; and (C) carried out in such a
manner that no particular individual, cooperation, or other entity
acquires an excessive share of such privileges.
The National Standard 4 guidelines at Sec. 600.325(c)(3)(i)(B)
state that: ``An allocation of fishing privileges may impose a hardship
on one group if it is outweighed by the total benefits received by
another group or groups. An allocation need not preserve the status quo
in the fishery to qualify as fair and equitable, if a restructuring of
fishing privileges would maximize overall benefits. The Council should
make an initial estimate of the relative benefits and hardships imposed
by the allocation, and compare its consequences with those of
alternative allocation schemes, including the status quo.''
Therefore, the Councils are given wide latitude to determine what
is equitable within a particular fishery and to create the appropriate
management measures to accomplish the goals of an FMP.
With respect to the allocation of overfished species in particular,
see the response to comments 29 and 31. Generally, the adoption of any
limited access privilege program has the potential to benefit certain
fishermen, while disadvantaging others. The Council analyzed the
positive and negative consequences of its decisions, and in Amendment
20 it chose to allocate QS in a manner that emphasizes historical
participation in the Groundfish fishery. The underlying analyses
adequately estimate the relative benefits and hardships imposed by the
allocation, and the recommended measures comply with National Standard
4.
The trawl rationalization program was developed through the Council
process, which facilitates substantial participation by state
representatives. Generally, state proposals are brought forward when
alternatives are crafted and integrated to the degree practicable.
Decisions about catch allocation between different sectors or gear
groups are also part of this participatory process, and emphasis is
placed on equitable division while ensuring conservation goals. The
Council determined that none of the alternatives considered, including
the final plan, would discriminate against residents of different
states. The rationalization program was structured to provide fair and
equitable allocations of both target species and overfished species to
participants.
Comment 62. One commenter indicated that the amendments violate
National Standard 5's requirement that management measures may not have
economic allocation as the sole purpose.
Response. As described in the preamble to the proposed rule at 75
FR 32996, Amendments 20 and 21 are intended to achieve multiple
objectives beyond economic allocation. Amendment 20 is intended to:
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.
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
[[Page 60886]]
groundfish species by the group within the trawl sector; and limit the
bycatch of Pacific halibut in future LE trawl fisheries.
Comment 63. One commenter stated that the proposed rule and
amendments violate national standard 7 because they do not reduce costs
compared to the status quo.
Response. National Standard 7 requires that ``Conservation and
management measures shall, where practicable, minimize costs and avoid
unnecessary duplication.'' MSA section 301(a)(7). This is not a simple
question of whether proposed measures will be more expensive than the
status quo. The supporting analyses show that the costs imposed by the
proposed rule and amendments are necessary and justified in order to
achieve the anticipated benefits.
Comment 64. Some commenters stated that the proposed rule and
amendments do not minimize impacts on fishing communities to the extent
practicable. One commenter stated further that the impacts on small
communities such as Fort Bragg have not been sufficiently analyzed and
the approach of providing for mitigation measures through a future
action violates NS 8.
Response. See responses to comments 39, 40, and 65-67.
Comment 65. Some commenters stated that the analysis of the impacts
of consolidation on communities is inadequate and provides examples of
impacts experienced in the Bering Sea/Aleutian Islands crab fishery and
the British Columbia halibut fishery.
Response. NMFS and the Council have analyzed the likely effects of
consolidation on communities. The Executive Summary of the FEIS, on
pages xix and xx, lists the following expectations: ``Fishing
communities would be differentially affected due to the fleet and
processor consolidation. Some communities would likely benefit and
others would be harmed. Fleet and processor consolidation could result
in the concentration of vessels and commercial infrastructure in fewer
ports, disadvantaging communities that lose vessels and infrastructure.
Limits on the amount of QSs an entity can control would reduce
ownership consolidation and would increase the number and types of
businesses involved in the fishery, contributing to diversity and
stability. Isolated communities, where there are few alternative
employment opportunities, could be adversely affected by the loss of
fishing-related jobs. Processors would likely consolidate and possibly
move, affecting processor labor and municipal revenue. Fishing, in all
its diversity, is culturally important to coastal communities. As a
consequence, communities experiencing a decline in fishing activity due
to trawl rationalization would be adversely affected. Family fishing
businesses would have to deal with the implications of the asset value
associated with IFQs (or co-op shares). This can complicate fishery
entry and exit, leading to intra-family strife. Tourism could be
adversely affected in communities that lose a working waterfront to the
degree it is important to the tourist identity of the community.
Nontrawl communities could be affected by rationalization through
increased competition, gear conflicts, impacts on the support sector,
infrastructure impacts, and competition in the marketplace.''
NMFS and the Council have considered the case studies cited in
section 4.3.2.1 of the FEIS.
National Standard 8 requires consideration of impacts on
communities, but recognizes the higher priority of National Standard 1.
Specifically, National Standard 8 states that ``Conservation and
management measures shall, consistent with the conservation
requirements of the Magnuson-Stevens Act (including the prevention of
overfishing and rebuilding of overfished stocks), take into account the
importance of fishery resources to fishing communities in order to: (1)
Provide for the sustained participation of such communities; and (2) To
the extent practicable, minimize adverse economic impacts on such
communities.''
Chapter 4.14 of the analysis describes anticipated impacts on
communities and acknowledges a possibly profound impact on communities
that depend on trawling. This is due to the nature of rationalization
which results in fewer fishery participants and likely geographic
shifts. The goal of attaining a sustainable fishery as a whole requires
some impacts to individual communities. However, the Council also
recommended measures that should mitigate these impacts.
For example, the program would allow communities to purchase quota
or permits to keep some of the fishery in the community. In addition,
the AMP is intended for use in ameliorating impacts on communities.
Comment 66. Some commenters stated that captains and crew are an
integral component to ``aggregate community benefits,'' and more data
and analysis are needed on impacts to captains and crew in order to
accurately evaluate the impacts of these amendments.
Response. NMFS and the Council considered effects on captains and
crew in chapter 4.7 of the FEIS. While more data would be beneficial,
the analysis uses the best available information.
Comment 67. One commenter stated that, with respect to leased
quota, National Standard 8 requires broader control at the community
level and with restrictions on leasing as well as owner-on-board
requirements.
Response. National Standard 8 requires that: ``Conservation and
management measures shall, consistent with the conservation
requirements of this chapter (including the prevention of overfishing
and rebuilding of overfished stocks), take into account the importance
of fishery resources to fishing communities by utilizing economic and
social data that meet the requirements of paragraph (2)(N.S. 2) in
order to: (A) Provide for the sustained participation of such
communities, and (B) to the extent practicable, minimize adverse
economic impacts on such communities.'' MSA section 301(a)(8).
The adaptive management program is intended to minimize adverse
impacts on communities.
Appendix A provides additional discussion of the Council's
consideration of communities at Section A-2.1.1.a, and lists
alternative means by which Amendment 20 addresses community needs,
including:
Maintenance of a split between the at-sea and shoreside
trawl sectors.
Broad eligibility for ownership.
A temporary moratorium on the transfer of QS to ease the
adjustment period and allow for adaptive response.
Specification of vessel and control limits to spread QS
among more owners and potentially more communities.
Inclusion of a community advisory committee as a formal
part of the program performance review process.
The Adaptive Management set-aside.
While initial allocations of quota would be limited based on
qualifying criteria, after the first two years, the proposed program
would allow both ownership of privileges by communities and acquisition
by entry level participants. In addition, parties, including
communities, desiring to receive initial issuance would be able to
purchase limited entry permits such as The Nature Conservancy has done
and receive initial issuance. Appendix A Sections A-2.2.2.d and A-2.2.3
describe entry level opportunities and transfer provisions.
Comment 68. Some commenters stated that the proposed rule and
[[Page 60887]]
amendments will not reduce bycatch, which is one of the objectives of
National Standard 9. Specifically, one stated that allowing lessees to
fish will reduce incentive to avoid bycatch and undermine achievement
of bycatch reduction goals. Another stated that catch shares could
increase bycatch.
Response. There is a requirement that when a fisher runs out of
quota, he must stop fishing regardless of whether he leases or owns.
Chapter 4.17.2.2 of the EIS for Amendment 20 provides information
indicating that the proposed trawl rationalization program would be
expected to be more effective at reducing bycatch than the status quo.
Based on the information in the record, NMFS believes that the proposed
rule and amendments will achieve reductions in bycatch.
The study by Redstone Strategy Group and Environmental Defense
(2007) analyzing pre- and post-implementation performance of 10 LAPPs,
including all seven U.S. programs, cites interviews with fishery
participants and other sources showing that QS value ``transformed the
mindset of fishermen, who developed a real stake in the outcome of
their fishing practices'' (p. 7). Other studies and reviews support the
proposition that individual accountability fostered by IFQs (or the
small group collective responsibility of the whiting co-ops) helps to
reduce bycatch. ``Sharing the Fish,'' a report on IFQs requested by
Congress from the NRC (1999), includes bycatch reduction as part of the
rationale for implementing IFQs, noting that harvesters can more
carefully choose their time and area of fishing, which may ``reduce
bycatch of non-target species since operations can be moved to target
more favorable harvesting conditions, or it might allow the opportunity
to develop practices that could reduce bycatch'' (p. 35). The
aforementioned report by Redstone Strategy Group and Environmental
Defense (2007) found that ``nearly all the fisheries experienced
decreases in their respective discard rates'' when the LAPP was
implemented.
Comment 69. One commenter stated that catch shares are not
necessary to reduce bycatch and that TAC could be used as a stand-alone
tool to reduce bycatch.
Response. The proposed rule and amendments offer multiple tools for
addressing bycatch. The multiple tools employed are intended to
increase the overall effectiveness. See also response to comment 68.
Comment 70. Some commenters stated that the proposed rule and
amendments will help reduce bycatch and will address bycatch problems
that the current system cannot solve.
Response. NMFS agrees.
Comment 71. One commenter stated that the proposed rule and
amendments violate the MSA's LAPP provisions because they do not
include owner-on-board requirements, restrictions on leasing, a 10-year
sunset, and prohibitions on compensating for revoked permits.
Response. The regulations at 50 CFR 660.25(h)(2)(iii) state that
the permits do not confer a right to compensation to the permit owner
if a permit is revoked, limited, or modified. In addition, certain
provisions of section 303A of the MSA, such as the permit
characteristics in section 303A(f) apply to all LAPPs and do not need
to be repeated in fishery management plans or implementing regulations.
The Council and NMFS have provided for transferability of limited
access privileges as required by 303A(c)(7). The Council considered,
but did not include, an owner-on-board requirement. The MSA does not
mandate such requirements.
Comment 72. One commenter stated that the proposed rule and
amendments do not comply with 303A(a)(1) and (c)(1) of the MSA, which
requires LAPPs to ``promote'' not ``consider'' conservation. The
commenter interprets the preamble to the proposed rule as to indicate
that NMFS intends the action to achieve economic benefits while only
considering, not promoting, conservation.
Response. The preamble describes the Council's goals for Amendment
20 as follows: ``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.''
Read in complete context, the Council's goals and objectives comply
with the MSA. Furthermore, the effects of the actions are anticipated
to promote both efficiency and conservation.
Comment 74. One commenter stated that Congress required the Council
to develop criteria for qualifying communities to participate including
initial allocation.
Response. Section 303A(c)(5) of the MSA requires that a Council
consider the current and historical participation of fishing
communities when establishing procedures to ensure fair and equitable
initial allocations. In addition, the Council must consider the basic
cultural and social framework of the fishery. The Council has complied
with these requirements. Section 303A(c)(3) addresses eligibility of
fishing communities, but does not require that a Council develop
criteria for eligible communities to receive initial allocations of
limited access privileges. The Council intends to address eligibility
of fishing communities in future FMP amendments.
Comment 75. One commenter questioned NMFS's compliance with the
Secretarial review provisions of the MSA at 304(b)(1).
Response. NMFS has complied with section 304 of the MSA which
requires that upon transmittal of an FMP amendment by the Council NMFS
shall: (A) Immediately commence a review of the plan or amendment to
determine whether it is consistent with the national standards, the
other provisions of this chapter, and any other applicable law; and (B)
immediately publish in the Federal Register a notice stating that the
plan or amendment is available and that written information, views, or
comments of interested persons on the plan or amendment may be
submitted to the Secretary during the 60-day period beginning on the
date the notice is published, which was accomplished on May 12, 2010
(75 FR 26702).
For regulations, the MSA requires that, upon transmittal of
proposed regulations to implement an FMP or amendment, NMFS must
``immediately initiate an evaluation of the proposed regulations to
determine whether they
[[Page 60888]]
are consistent with the fishery management plan, plan amendment, this
chapter and other applicable law,'' and within 15 days of initiating
that evaluation, make a determination, and (A) if that determination is
affirmative, the Secretary shall publish such regulations in the
Federal Register, with such technical changes as may be necessary for
clarity and an explanation of those changes, for a public comment
period of 15 to 60 days (75 FR 32994, June 10, 2010 had a comment
period of 33 days); or (B) if that determination is negative, the
Secretary shall notify the Council in writing of the inconsistencies
and provide recommendations on revisions that would make the proposed
regulations consistent with the fishery management plan, plan
amendment, this chapter, and other applicable law.
Comment 76. One commenter stated that because of the expense of
participation, capital will be redirected away from facilities,
infrastructure and vessel improvements. As a result safety and
efficiency will be sacrificed.
Response. NMFS and the Council recognize that for new entrants, the
cost of acquiring individual quota will add to the expense of entering
the fishery. An increase in profits (before taking into account the
cost of the quota and normal profits after taking into account the cost
of the quota) and stability is expected to compensate for the increase
in costs. Under status quo management, the value of a new entrant's
capital investment would be at greater risk because of the potential
erosion of fishing opportunity through the increased effort of others.
With respect to the capital badly needed for infrastructure and vessel
improvements, this is a condition that has occurred under status quo
management. There is no reason to believe that continuation of status
quo would improve the situation; however, under IFQs, greater economic
stability may facilitate a safer fleet with a stronger infrastructure.
Comment 77: Multiple commenters suggested that NMFS should
``remand'' the proposal to the Council and require the Council to
develop and submit a specific management alternative. For example, one
suggestion was to direct the Council to revise the proposal to consist
of a whiting IFQ program for all three sectors and develop program for
nonwhiting shoreside groundfish in the future such as cap and rent, and
owner on board.
Response. The MSA expressly vests the Council with responsibility
for developing and identifying which management measures to recommend
through its open public process. It is not appropriate for NMFS to
dictate the policy recommendations that are not produced through the
MSA Council system.
Comment 78. One commenter stated that the regulations as deemed do
not reflect Council intent.
Response. NMFS disagrees. NMFS and the Council conducted an
extensive and public deeming process that included public Council
meetings and public committee meetings.
c. Other Applicable Law
Comment 79. The EIS should have analyzed other alternatives,
including existing catch share programs worldwide, and their full range
of impacts.
Response. CEQ regulations at 40 CFR 1502.14 require agencies to
``rigorously explore and objectively evaluate all reasonable
alternatives.'' The Council engaged in an open scoping process to
determine the scope of issues to be addressed and to identify the
significant issues related to the action. In addition, other suggested
alternatives were addressed in the response to comments in the FEIS.
NMFS and the Council considered many other programs as described in
section 4.3.2.1 of the EIS. However, neither NEPA nor the MSA requires
that the Council, through the EIS, analyze all existing catch share
programs worldwide.
Comment 80. A Supplemental EIS is needed because portions of the
program related to observer coverage, monitoring, and other
conservation-related measures are not included in this rulemaking.
Response. NMFS disagrees. The Council considered and the FEIS
analyzed alternatives relative to those specific issues. NMFS,
consistent with Council intent, is implementing regulations through two
rulemakings; the proposed rule for program components was published on
August 31, 2010 (75 FR 53380) and will be implemented prior to the
January 1, 2011 implementation date.
Comments on Intersector Allocations
Comment 81. Some commenters raised concerns regarding the
allocations to the trawl sector. Commenters argue that Groundfish are
being allocated away from the fixed gear fleet to the trawl fleet,
diminishing the value of fixed gear permits and impermissibly
discriminating against fixed gear permit holders. Others argue that the
trawl fishery is responsible for overfished conditions, but open access
and fixed gear fishermen are being penalized.
Response. NMFS does not agree that the regulations punish the non-
trawl sectors, or privilege the trawl sector. Most of the species
subject to trawl/non-trawl allocations in this action are trawl
dominant (sector dominance for a species is defined in the Amendment 21
EIS as average landings during the 1995 to 2005 period to the sector at
least 90 percent of total directed non-treaty landings; see Amendment
21 FEIS Table 4-17) based on the sector catch histories used in
Amendment 21 analyses. The action largely limits the trawl allocation
of many of the Amendment 21 species to percentages less than the
historical trawl catch shares to the benefit of the non-trawl sectors.
For instance, the proposed action limits the maximum trawl allocation
of any Amendment 21 species to 95 percent of the directed harvest when
historical trawl catch shares for many of these species have been
higher than 95 percent. Amendment 21 species' allocations that tend to
favor non-trawl sectors (i.e., non-trawl sector allocations greater
than observed in the 1995 to 2005 historical catch) include Pacific
cod, Pacific ocean perch, chilipepper rockfish south of 40[deg]10' N
lat., splitnose rockfish south of 40[deg]10' N lat., shortspine
thornyhead north of 34[deg]27' N lat., longspine thornyhead north of
34[deg]27' N lat., darkblotched rockfish, Dover sole, English sole,
petrale sole, arrowtooth flounder, starry flounder, and species in the
Other Flatfish complex. All other Amendment 21 species' allocations
under the proposed action are generally favorable to non-trawl sectors
in that the highest non-trawl sector catch percentages analyzed were
proposed to be allocated to the non-trawl sectors. The only exception
to this is lingcod where a more favorable trawl allocation was adopted
as the final action. The rationale for a higher trawl allocation of
lingcod is that, unlike the non-trawl sectors that predominantly use
hook-and-line gear to target groundfish, the trawl sectors are not as
constrained by management measures designed to foster yelloweye
rockfish rebuilding. This is because the mandatory use of trawls with
small-diameter footropes (i.e., at least 8 inches) shoreward of the RCA
effectively keeps bottom trawls out of the high relief habitats where
yelloweye occur. A higher trawl allocation of lingcod would minimize
stranding of harvestable yields of lingcod that would otherwise be
allocated to non-trawl sectors and unavailable for harvest due to
yelloweye rebuilding constraints.
Thus, the inter-sector allocation does not provide more bottom
trawl opportunity than status quo management measures and allocations.
[[Page 60889]]
In addition, the trawl rationalization allows limited entry trawl
permit holders to switch from trawl to fixed gears to fish their
quotas, which, in turn, would reduce trawl impacts. It also allows
nontrawl vessels to harvest the allocation to the trawl sector if they
acquire a trawl permit and IFQ. These facts lead to the conclusion that
potential adverse impacts from trawl gear could be expected to be lower
under the proposed action than under status quo management or under any
of the other alternatives analyzed.
Moreover, the allocations are consistent with the current
distribution of fishing opportunity among Groundfish sectors. Even if
the fixed gear sector had the capacity and desire to catch
significantly greater amounts of Groundfish, which is questionable,
those factors are not, in and of themselves, criteria for determining
allocations. Allocations are necessary precisely because more than one
group has some level of ``capacity and desire,'' which engenders
potential conflicts over resources access that must be resolved through
allocation.
Comment 82. One commenter felt that the allocation of sablefish to
the limited entry tier system unfairly impacts open access fishermen.
Response. This comment is not specifically related to the actions
contemplated under Amendments 20 and 21. Under the FEIS ``Allocation of
Harvest Opportunity Between Sectors of the Pacific Coast Groundfish
Fishery, the Council recommended a sector split between the trawl and
non-trawl sectors of the groundfish fishery. The Council did not
consider, as part of this process, allocations of sablefish between the
limited entry fixed gear and directed open access fisheries of the non-
trawl sector.
Comment 83. Trawl gear does more damage to fishery resources than
fixed gear, but the program will favor the trawl sector. Gear switching
is not a sufficient incentive for quota owners to give up trawling in
favor of less damaging gear because gear switching will only enable
trawlers to fill in off-season by temporarily using fixed gear to take
huge hauls out of the fixed gear fishing grounds.
Response. NMFS disagrees with the commenter's characterization of
the trawl fleet. That said, the FEIS identifies and discloses the
potential adverse impacts of trawl gear cited by this commenter. To the
degree that these impacts may exist, they are not increased under trawl
rationalization and may be reduced because it allows more opportunities
for use of fixed gear to harvest the trawl allocation. The Council
actions under Amendment 20 provide an opportunity for the transition of
harvest away from the trawl sector and its action under Amendment 21
limits the trawl fleet allocation to the lower end of its recent
harvest share. Furthermore, the allocations provided to trawlers in
Amendment 21 are not permanent and may be changed in the future as it
is determined to be appropriate. Additionally, trawl rationalization is
expected to decrease total trawling hours required to take a given
amount of harvest. Amendment 20 allows some movement of harvest toward
the nontrawl gear through gear switching and the transfer of IFQ to the
nontrawl fleet. For the time being, that movement is constrained by the
number of trawl permits available and the dictates of the market place,
combined with any incentives or subsidies that may be created.
Given that formal allocations of trawl-dominant and other important
trawl target species have been judged in the scoping process to be
important to support trawl rationalization, the proposed action under
Amendment 21, by indirectly supporting trawl rationalization, should
reduce species impacts by monitoring 100 percent of the total catch of
IFQ species and reducing potential habitat impacts through rationalized
fleet consolidation relative to status quo allocations and management
measures.
While there are no formal incentives to encourage gear switching,
the existing provision alone may have a mitigating effect compared to
status quo, since trawl-endorsed permits are currently prohibited from
using other gear types to fish against their bimonthly limits. Any
vessel switching gear types with less habitat impacts would represent a
reduction in impacts compared to existing, ongoing habitat impacts due
to trawl fishing under status quo. Under the license limitation
program, trawl vessels are already allowed to use fixed gear to take
the trawl allocation, albeit they must do so under the open access
regulations, which have much lower limits. Fixed gear endorsements give
a vessel access to the fixed gear allocation. Allowing trawl vessels to
gear switch (or other vessels to acquire a trawl permit and IFQ) does
not give trawl permitted vessels access to the fixed gear quota; it
merely allows the vessel to use nontrawl gear to take the trawl IFQ.
Comment 84. One commenter felt the halibut bycatch rates should be
based on all landed flatfish using 1994-2003 as opposed to using
petrale sole and arrowtooth flounder harvests in 2003-2006 to determine
bycatch rates, so targets match better with bycatch.
Response. Under the FEIS ``Allocation of Harvest Opportunity
Between Sectors of the Pacific Coast Groundfish Fishery,'' the Council
recommended to allocate 15 percent of the Area 2A (i.e. all waters off
Washington, Oregon, and California) total constant exploitation yield
(total harvest expressed in terms of legal-sized halibut, since the
primary commercial target halibut fishery, using gear other than trawl,
can only retain and land legal-sized halibut) halibut to the limited
entry trawl sector, not to exceed 130,000 pounds for the first four
years of the program and not to exceed 100,000 pounds for years five
and beyond. The method for the initial allocation of halibut is similar
to that used for overfished species (Appendix C of the EIS
``Rationalization of the Pacific Coast Groundfish Limited Entry Trawl
Fishery.'' The Council decided to base initial allocation of IBQ on the
different rates of bycatch in different areas or in association with
various target species (e.g. arrowtooth flounder and Petrale sole).
Halibut cannot be allocated based on individual vessel records because
halibut mortality is estimated based on fleet averages. The 130,000
pounds recommended by the Council represents an approximate reduction
of 50 percent from the total bycatch estimate provided by the Northwest
Fisheries Science Center for the most recent year estimated (2007) and
is contained in Agenda Item E.1.b, Supplemental NMFS Report, September,
2008. Pacific halibut IBQ would function in a manner similar to IFQ for
other species, except that retention and landing of halibut would be
prohibited, and only pounds of dead halibut would be counted against
the IBQ. Discard at sea of Pacific halibut would be required; before
discard occurred, observers would estimate the halibut bycatch
mortality on that vessel (average mortality rates would be applied
based on the condition of the halibut in a particular tow) to provide
greater individual accountability and incentives for harvesters to
control halibut mortality.
Under any of the allocation alternatives suggested by the Council,
halibut IBQ as part of the trawl rationalization program will be
constraining, and this was specifically the intent in designing the
methods selected. Because the limit recommended by the Council is lower
than the bycatch observed, it was unclear how such a stringent limit
might affect the fishery. As stated under the EIS ``Allocation of
Harvest Opportunity Between Sectors of the Pacific Coast Groundfish
Fishery'' on
[[Page 60890]]
Page 36, ``It may turn out that the socioeconomic impacts are too great
under these stringent limits, and the Council may ultimately decide to
increase the total catch limit. Conversely, the trawl industry may
adjust well to these lower limits, and the realized bycatch of Pacific
halibut will be lower than the prescribed limits. In that case, the
Council may want to adjust the future total catch limit downward from
100,000 pounds to provide more benefits to Area 2A directed halibut
fisheries. In either case, the Council preferred the flexibility of
deciding future total catch limits of Pacific halibut in the biennial
specifications and management measures process.
Items NMFS Requested Comment on in the Proposed Rule
In addition to the comments received above, NMFS specifically
requested comment on several items upon which no comments were
received. Where NMFS has made changes to the proposed rule where
comments were specifically requested, these specific requests are
identified in the section on ``changes from the proposed rule.''
Changes From the Proposed Rule
A. All Trawl Programs
I. Definitions
In the proposed rule (75 FR 32994, June 10, 2010), NMFS
specifically requested comment on revised definitions. No comments were
received on the definitions in the proposed rule. However, based on
further review and as the logical extension of what was proposed, NMFS
is making some changes to the definitions as follows. The definition of
``ownership interest'' at Sec. 660.11 is revised for the limited entry
trawl fishery to reflect that ownership interest information will also
be collected from owners of vessel accounts because ownership of vessel
accounts may be tied to control of QS or IBQ. In addition, the
definition of ``mutual agreement exception'' at Sec. 660.111 is
revised to reflect that a processor obligation applies to a MS/CV-
endorsed permit rather than the vessel registered to that permit, and
that it is the catch history assignment of that permit that is
obligated to the mothership processor.
II. Ownership Issues
Language was added to Sec. 660.25(b)(4)(iv)(A) to cross-reference
the language in the specific trawl rationalization programs that states
the owner of a limited entry trawl permit may not change during the
application process for a QS permit, an MS/CV endorsement, or a C/P
endorsement, as specified at Sec. Sec. 660.140(d)(8)(viii),
660.150(g)(6)(vii), and 660.160(d)(7)(vi), respectively.
NMFS is also revising the provisions for determination of ownership
interest based on further review of the proposed regulation. In
reviewing provisions on calculating ownership interest, NMFS has
identified two ownership structures where the ownership of the permit
may not be clear for the purpose of determining compliance with
accumulation limits: (1) Joint ownership, and (2) ownership by a trust.
A joint ownership situation exists where more than one person claims an
interest indivisible from that of another person, such that the total
ownership interest is greater than 100 percent. In these situations,
NMFS would credit each owner with the full percent claimed, even though
the sum of all ownership interests would exceed 100 percent. NMFS
believes that for some owners, the benefits of joint tenancy may be
greater than the parties' concern for accumulation limits, particularly
if they are more interested in estate planning than accumulation of
privileges, and that if the parties to a joint tenancy don't want to
avoid individual accountability for the entire ownership interest, they
would have the option of restructuring. With a trust, generally, a
trustee holds title to the property granted by the trustor on behalf of
the beneficiaries of the trust. Because a trust vests the legal title
to the property in the trustee, under the proposed rule NMFS would
credit ownership to the trustee. If there is more than one trustee
(i.e., ``co-trustees''), NMFS would consider each trustee to have 100
percent ownership of the trust property. In the preamble to the program
components proposed rule (75 FR 53380, August 31, 2010), NMFS requests
additional comment on any other ownership structures that may affect
accumulation limits; NMFS may add provisions for additional ownership
structures as a result. This final rule also includes provisions that
NMFS may ask for additional information it believes to be necessary for
determination of compliance with accumulation limits.
Some additional modifications have been made to the accumulation
limits language. For the Shorebased IFQ Program, as described in the
responses to comments, above, NMFS does not intend that control rules
would apply to banks and other financial institutions that rely on QS
or IBQ as collateral for loans, unless the financial documents specify
control beyond normal business agreements. Accordingly, based on
further agency consideration and in response to public comment
received, NMFS further clarified the application of the control rules
for QS or IBQ at Sec. 660.140(d)(4). In addition, in the MS Coop
Program, NMFS further clarified the ownership language at Sec. Sec.
660.150(f)(3)(ii) and 660.150(g)(3)(i)(A) for MS permits and MS/CV
endorsements, respectively.
III. Allocations
In Sec. 660.55, Allocations, paragraph (h) on sablefish
allocations north of 36[deg] N. lat., is corrected to specify that the
remainder of the sablefish quota after deductions for the tribal
fishery is available to the nontribal fishery (both commercial and
recreational), not just to the nontribal commercial fishery as had been
stated in the proposed rule. In addition, sablefish allocations between
the commercial limited entry and open access fisheries are specified in
regulation consistent with the FMP, instead of just referencing the
FMP.
In Sec. 660.55(a) language has been added to implement Amendment
21 stating that a formal allocation may be suspended when a species is
overfished. The proposed rule only contained the prior language from
the existing FMP regarding suspension of limited entry/open access
allocations for overfished species. There are additional minor edits in
this section, consistent with the partial disapproval of a minor
section of Amendment 21 to indicate that the Amendment 21 allocations
did not override the limited entry/open access allocations. These
limited entry/open access allocations have not been implemented
recently because the constraints of the rebuilding plans have
overridden the ability to achieve these allocations. The allocations
are directly suspended for the overfished species themselves, and the
access to healthy stocks in various places in the EEZ has been limited
by the need to significantly reduce fishing mortality on overfished
species.
IV. Application and Appeals Process
No comments were received on the application and appeals process
specified in the proposed regulations. Based on further agency
consideration of the proposed regulations, NMFS has modified the
regulations as described here. The proposed regulations specified in
several places that NMFS would ``extract'' landings data from PacFIN,
in the case of calculating shoreside landings history, or NORPAC, in
the case of calculating at-sea harvest history, on July 1, 2010. NMFS
extended the date for allowing the public to correct NORPAC data until
August 1,
[[Page 60891]]
2010, as announced on June 22, 2010; this final regulation is modified
accordingly.
In addition, NMFS is clarifying that the initial allocation
calculations will be based on the relevant ``PacFIN dataset on July 1,
2010,'' and as appropriate, the relevant ``NORPAC dataset on August 1,
2010.'' NMFS has removed the term ``extracted'' from the regulations in
order to be more specific. As explained above, NMFS has determined that
the July 1, 2010, dataset in PacFIN and the August 1, 2010, dataset in
NORPAC as corrected through the public process and in conjunction with
the relevant data base QA/QC processes, constitute the best scientific
information available.
NMFS is also clarifying the specified basis for appeal of the
agency's Initial Administrative Determination (IAD) by replacing the
words ``extracted' or extraction'' with more specific terms. The
proposed regulations state in several places that items not subject to
appeal include, but are not limited to, the accuracy of the permit
landings data in ``the data set extracted from PacFIN'' or, as
appropriate, ``extracted from NORPAC.'' The proposed bases for appeal
of the IAD are ``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 permit owner, permit combinations, or
vessel registration as listed on NMFS permit database; and (5) errors
in identification of ownership information for the first receiver or
the processor that first processed the fish.'' In addition, NMFS is
adding another item for appeal, ``NMFS' use or application of ownership
interest information.''
In order to be more specific and accurate, the final regulations
specify that items not subject to appeal include, but are not limited
to, the accuracy of data in the relevant ``PacFIN dataset on July 1,
2010,'' and as appropriate, the relevant ``NORPAC dataset on August 1,
2010.'' Similarly, the bases for appeal are revised to read: ``Errors
in NMFS' use or application of data, including: (1) Errors in NMFS' use
or application of landings data from PacFIN; (2) errors in NMFS' use or
application of state logbook data from PacFIN; (3) errors in NMFS'
application of the QS allocation formula; (4) errors in identification
of permit owner, permit combinations, or vessel registration as listed
on NMFS permit database; (5) errors in identification of ownership
information for the first receiver or the processor that first
processed the fish; and (6) errors in NMFS' use or application of
ownership interest information.''
As mentioned in the preamble to the proposed rule and described in
more detail in a NMFS report for the March 2010 Council meeting,
because of the timing of this application process for an initial
issuance of a permit, endorsement, or QS under the trawl
rationalization program, the owner of a limited entry trawl permit may
not change during the application process for the initial issuance of a
QS permit, an MS/CV-endorsed permit, or a C/P-endorsed permit, as
specified at Sec. Sec. 660.140(d)(8)(viii), 660.150(g)(6)(vii), and
660.160(d)(7)(vi), respectively. In other words, the limited entry
trawl permit owner may not transfer his or her permit to another owner
once the application process has started until the application process
is complete. This is necessary for administration of the agency process
of considering applications and making the IAD. The proposed rule
stated that the application process would begin on the date of
publication of this final rule. NMFS received no comment on this
provision. However, based on further agency consideration of the
proposed regulations, NMFS has changed the start of the application
period during which permits could not be transferred. In this final
rule, NMFS establishes that the start date for the application period
will begin either 30 days after the publication of this final rule, or
when the agency receives an application for initial issuance of a QS
permit, an MS/CV-endorsed permit, or a C/P-endorsed permit, whichever
date occurs first. NMFS is making this change to allow permit owners an
opportunity to transfer their permits after receiving pre-filled
applications from NMFS indicating anticipated issuance of QS or
endorsements based on PacFIN and/or NORPAC data, as described above.
NMFS believes this change is consistent with the Council intent to
provide an opportunity for entry level participants to obtain a
qualifying trawl limited entry permit prior to initial issuance with
reasonable certainty of anticipated QS that would be issued on the
basis of that permit. Further, for permit owners that have qualifying
history that would exceed control limits, this change will provide an
opportunity to divest permits prior to calculation of QS and any
redistribution of QS under Sec. 660.140(d)(4)(v). Accordingly, NMFS is
changing the language to state, ``NMFS will not review or approve any
request for a change in limited entry trawl permit owner at any time
after either November 1, 2010 or the date upon which the application is
received by NMFS, whichever occurs first, until a final decision is
made by the Regional Administrator on behalf of the Secretary of
Commerce * * *'' Limited entry trawl permits may be transferred after
the application process is complete, once the permit owner has received
a final decision (i.e., the QS, permit, or endorsement has been issued
and the appeals process has been completed).
NMFS recognizes that during the application process it may receive
multiple applications for QS that reflect identical ownership. NMFS
intends to issue a single QS permit for each individual owner, thus
where multiple applications are received for the same person (e.g.,
where the same person owns several qualifying permits), NMFS will issue
a single QS permit that combines the amounts of all QS or IBQ derived
from all limited entry permits for that unique owner, subject to
accumulation limits and divestiture provisions. Because QS and IBQ
ownership is subject to accumulation limits and because QS and IBQ will
be highly divisible, NMFS does not believe there is any need to issue
more than one QS permit for each unique owner and is taking this
implementation approach to reduce redundancy, minimize costs, and
improve efficiency in the administration of the program. The proposed
rule set forth accumulation limits and divestiture provisions, and the
program components proposed rule sets forth divisibility of QS and IBQ.
No regulation change is made in this final rule regarding NMFS approach
to combining QS or IBQ amounts from multiple applications for the same
unique owner, because none is needed. NMFS highlights this in this
preamble to clarify the initial issuance process for QS permits.
V. Application Deadline
The application deadline for the initial issuance of QS permits, MS
permits, MS/CV endorsements, and C/P endorsements has been changed from
what was described in the proposed rule. The proposed rule stated that
applications would be due no later than 60 days after date of
publication of the final rule in the Federal Register. However, this
final rule specifies that applications are due no later than November
1, 2010. NMFS has determined that the November 1 deadline provides
applicants with sufficient time to submit applications, while still
providing the agency with sufficient time to process the applications.
The agency intends that pre-filled applications will be available to
current permit owners in mid-to-late
[[Page 60892]]
September, and the agency will hold a series of informational meetings
with the public during the month of September to address, among other
things, the application process. Therefore, with this final rule, NMFS
is setting a specific deadline date for all applications of November 1,
2010. Applications must be complete and received by NMFS, or
postmarked, no later than November 1, 2010.
VI. Changes To Reflect Recent NMFS Actions
Some changes are made in this final rule to update the regulations
to reflect inseason actions that have been implemented at 50 CFR part
660 since the proposed rule (75 FR 32994, June 10, 2010) was published.
Section 660.231(b)(3)(iv) of this final rule is updated to incorporate
changes to the retention of Pacific halibut in the fixed gear sablefish
fishery from an inseason action published May 4, 2010 (75 FR 23615).
Section 660.131(b)(5)(i) of this final rule is updated to incorporate
changes to the bycatch limits for Pacific whiting fisheries from a
final rule published May 4, 2010 (75 FR 23620) [the 2010 tribal
allocation was already reflected the June 10th proposed rule].
VII. Whiting Closure and Reapportionment Authority
The existing regulations at Sec. 660.323(c) allow for closure of
the individual sectors when each sector's allocation is reached or
projected to be reached, and reapportionment of unused whiting to
another sector before the end of the year. Under the Trawl
Rationalization program whiting sectors will not be closed because the
achievement of the individual quotas or coop allocations will close the
fisheries, and whiting will not be reapportioned between sectors. In
2010, however, this closure and reapportionment ability is still in
effect. In the reorganization of the existing regulations in the
proposed rule this provision would have been inadvertently overwritten.
Therefore, the closure and reapportionment authority for whiting is
being renumbered and included in this final rule at Sec.
660.131(b)(6). NMFS intends to remove this section in the program
components final rule, which establishes the management measures
specific to the groundfish management in 2011 and beyond under trawl
rationalization.
VIII. Minor Edits
NMFS has made some minor edits to the regulations to make
terminology more consistent (e.g., references to shorebased IFQ fishery
are edited to read Shorebased IFQ Program) and to correct typographical
errors and technical errors (e.g., ``Other fish'' are not an IFQ
species and are thus removed from the QS accumulation limit table). In
addition, Table 2d of Part 660, Subpart C (2012 At-sea Whiting Fishery
Set-asides) is removed and Table 1d of Part 660, Subpart C is
relabeled, ``At-Sea Whiting Fishery Annual Set-Asides, 2011 and 2012''
to cover annual set-asides for both 2011 and 2012.
B. Shorebased IFQ Program
I. General
Some general changes are made to regulatory language in this final
rule. Where appropriate, the terms ``QS'' and ``QP'' have been revised
to read ``QS and IBQ'' and ``QP or IBQ pounds,'' respectively. Pacific
halibut is listed as an IFQ species. However, Pacific halibut has an
individual bycatch quota (IBQ) which is distinct from QS for groundfish
species listed under the groundfish FMP. This change is to make it
clear that Pacific halibut IBQ or IBQ pounds are distinct and may be
managed differently than QS or QP. This distinction in the regulations
was highlighted by NMFS at the Council's June 2010 meeting.
II. Accumulation Limits
In the proposed rule (75 FR 32994, June 10, 2010), NMFS
specifically requested comment on how NMFS would calculate aggregate
nonwhiting QS for compliance with accumulation limits. NMFS received no
comment on this issue. Consistent with the Council motion, NMFS will
calculate aggregate nonwhiting QS using the 2010 OYS. To determine the
shoreside trawl allocation for the purpose of determining compliance
with the control limit during initial issuance, NMFS will apply the
Amendment 21 allocation percentages to the 2010 OYs for species that
are allocated by Amendment 21, and where applicable, will deduct the
Amendment 21 preliminary set-asides for the at-sea sectors for these
species. To determine the shoreside trawl allocations for species not
allocated by Amendment 21, NMFS will apply a percentage based on the
Northwest Fisheries Science Center (NWFSC) final report on 2010
estimated total fishing mortality of groundfish by sector, or the most
recent final report available if the final report for 2010 is not
available. The regulations at Sec. 660.140(d)(4)(i)(B) have been
revised to reflect this clarification.
NMFS also specifically requested comment in the proposed rule (75
FR 32994, June 10, 2010) on the method (order) of calculating control
limits for divestiture purposes. NMFS received no comments on this
issue. Based on further review of the record and in order to result in
an initial issuance of QS that more closely reflects the weighting of
nonwhiting species in the permit's history, NMFS will calculate
aggregate limits first, when determining compliance with control rules.
Regulations at Sec. 660.140(d)(4)(v) in this final rule have been
revised to reflect this clarification.
III. Initial Issuance Allocation Formulas
In the proposed rule (75 FR 32994, June 10, 2010), NMFS
specifically requested comment on the use of data other than PacFIN in
cases where species in PacFIN do not match IFQ species. For example,
unspecified rockfish in PacFIN do not match an IFQ species group. As
described above, the information contained in the PacFIN database
represents the best scientific information available, and NMFS believes
that an analysis to match groundfish species in PacFIN that do not
exactly match an IFQ species using state landing receipts and logbook
information (instead of PacFIN) would be impracticable, extremely time
consuming, and likely to result in inaccurate information. NMFS
received no comments on this issue. Thus, in this final rule, NMFS has
removed the regulatory language from the proposed rule at Sec.
660.140(d)(8)(iii)(A)(2) that read, ``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.'' NMFS will use data from PacFIN that matches IFQ species/
species groupings and will not make assumptions for unspecified
groundfish.
An additional change to the proposed rule on the initial issuance
allocation formulas for QS and IBQ is a step added at Sec. Sec.
660.140(d)(8)(iii)(G) and 660.140(d)(8)(iv)(I) to clarify that NMFS
will redistribute any QS or IBQ in excess of accumulation limits for
permits transferred after November 8, 2008, or not registered with NMFS
by November 30, 2008, as specified at Sec. 660.140(d)(4)(v).
For the initial issuance calculation, the Council motion requires
that bycatch rates be calculated for 8 geographic areas for overfished
species and 4 geographic areas for Pacific halibut. These include zones
stratified by latitude and depth. Bycatch rates included in the
proposed rule were
[[Page 60893]]
estimates used for example purposes. Subsequently, NWFSC has completed
its calculation of bycatch rates based on West Coast Groundfish
Observer Program (WCGOP) data, and the finalized bycatch rates are
included in this final rule at Sec. 660.140(d)(8).
In calculating the bycatch rates, to determine depth
stratification, the NWFSC evaluated models to determine an appropriate
break to isolate data as either shoreward or seaward of the Rockfish
Conservation Areas (RCAs). The NWFSC concluded that the 115 fathom
break was an appropriate means of stratifying the data shoreward and
seaward of the RCA, as had been previously requested by the Council for
Pacific halibut bycatch ratios. NMFS has revised the final rule to
reflect the use of 115 fathoms as the division between shoreward and
seaward geographical areas for the purpose of calculating QS for Group
2 and Group 3 species.
Estimated bycatch rates in the proposed rule were truncated to the
eighth decimal place, however, the bycatch rates published in the final
rule are the rates calculated by the NWFSC truncated to the ninth
decimal place. NMFS decided to extend the published rates to the ninth
decimal place in order to assure accuracy of calculations to one-tenth
of one pound, consistent with standard rounding rules discussed in the
regulations.
C. At-Sea Coop Programs
I. MS Coop Program
In the MS Coop Program, eligibility requirements for ownership of
an MS permit has been clarified. MS permits, as a new type of limited
entry permit, are subject to eligibility requirements for all limited
entry permits at Sec. 660.25(b)(1)(ii), which states: ``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.'' The
proposed rule at Sec. 660.150(f)(1)(i) stated: ``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.'' The
language in Sec. 660.150 had been adopted by the Council with regards
to eligibility to own QS or IBQ in the Shorebased IFQ Program, and had
been inadvertently repeated in the provisions for the MS Coop Program.
Accordingly, the provision included in the proposed rule has been
removed from this final rule.
Another change from the proposed rule for the MS Coop Program in
this final rule is the removal of all references to ``control'' at
Sec. 660.150. The Council motion for the MS Coop Program, as reflected
in Appendix E to the FMP, did not identify any ownership rules or
control limits for either MS/CV-endorsed permits or MS permits. At its
June 2010 meeting, the Council clarified that for the purpose of
accumulation limits, ownership of MS/CV-endorsed permits and MS permits
is subject to the individual and collective rule.
NMFS is also changing the divestiture provisions for MS/CV-endorsed
permits from that described in the proposed rule. Upon further review
of the regulation comparing the MS/CV-endorsed permit and the QS permit
divestiture provisions and after consideration of oral comments
submitted to the Council at its June 2010 meeting, NMFS is revising the
divestiture provisions for the MS/CV-endorsed permits to provide
additional time for owners of MS/CV-endorsed permits to come into
compliance with accumulation limits. The divestiture provision for QS
permits allows 2 years for a permit owner to come in to compliance with
the requirement. As drafted in the proposed rule, the divestiture
provision for owners of MS/CV-endorsed permits would only allow these
individuals a couple of months, at most, to come in to compliance with
the provision. NMFS believes that a longer time for divestiture would
be appropriate for owners of MS/CV-endorsed permits. Applying a similar
time frame for divestiture in the MS Coop Program as the divestiture
provision for the Shorebased IFQ Program is a logical extension from
what was proposed, and is consistent, NMFS believes, with the Council's
intent in Amendment 20. One difference that will remain between the two
divestiture provisions is that the QS permits must divest between years
3 and 4 after implementation of the program, which is after the 2 year
moratorium on the transfer of QS. In Amendment 20, the MS/CV-endorsed
permits are not subject to a 2 year moratorium on transfers. Thus, NMFS
is revising the divestiture provision at Sec. 660.150(g)(3)(i)(D) to
allow MS/CV-endorsed permit owners 2 years after implementation of the
program to divest of excess ownership in MS/CV-endorsed permit(s).
II. C/P Coop Program
There are no substantive changes to the C/P Coop Program from the
proposed rule.
Classification
The Administrator, Northwest Region, NMFS, determined that FMP
Amendments 20 and 21, as implemented in part through this final rule,
are necessary for the conservation and management of the Pacific coast
groundfish fishery and that they are consistent with the MSA and other
applicable laws.
NMFS and the Council prepared final environmental impact statements
(EISs) for Amendment 20 and for Amendment 21 to the Pacific Coast
Groundfish FMP. A notice of availability was published on June 25, 2010
(75 FR 36386). In partially approving FMP Amendments 20 and 21 on
August 9, 2010, NMFS issued a Record of Decision (ROD) for each
amendment identifying the selected alternatives. Copies of the RODs are
available from NMFS (see ADDRESSES).
This final rule has been determined to be significant for purposes
of Executive Order 12866.
The preamble to the proposed rule (75 FR 32994, June 10, 2010)
included a detailed summary of the analyses contained in the IRFA, and
that discussion is not repeated here. NMFS, pursuant to section 604 of
the Regulatory Flexibility Act (RFA) prepared a FRFA in support of this
rule. The FRFA incorporates the IRFA, a summary of the significant
issues raised by the public comments in response to the IRFA, and
NMFS's responses to those comments. A copy of the FRFA is available
from NMFS (see ADDRESSES) and a summary of the FRFA 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 (DEIS IRFAs). The DEIS IRFAs were updated and
combined into a single RIR/IRFA for use with the ``initial issuance''
proposed rule that was published on June 10, 2010 (75 FR 32994) (PR
IRFA). The PR IRFA
[[Page 60894]]
reviewed and summarized the benefits and costs, and the economic
effects of the Council's recommendations as presented in the two EIS's.
Although other alternatives were examined in the EISs, the FRFA
focuses on the two key alternatives--the No-Action Alternative and the
Preferred Alternative. The EISs include an economic analysis of the
impacts of all the alternatives and the PR IRFA and the FRFA
incorporates this analysis. For the Amendment 20 EIS, the alternatives
ranged from status quo (no action), to IFQ for all trawl sectors, IFQ
for the non-whiting sector and coops for all whiting sectors, and IFQ
for the shorebased sector and coops for the at-sea sectors (preferred).
Various elements were part of each of these alternatives and varied
among them, including initial qualifications and allocations,
accumulation limits, grandfathering, processor shares, species covered,
number of sectors, adaptive management, area management, and carryover
provisions. The preferred alternative is a blending of components from
the other alternatives analyzed in the EIS. For the Amendment 21 EIS,
alternatives were provided for 6 decision points: (1) Limited entry
trawl allocations for Amendment 21 species, (2) shoreside trawl sector
allocations, (3) trawl sector allocations of trawl-dominant overfished
species, (4) at-sea whiting trawl sector set-asides, (5) Pacific
halibut total bycatch limits, and (6) formal allocations in the FMP.
For most of these decision points, the alternatives within them were
crafted around approximately maintaining historical catch levels by the
sectors or, in some cases, increasing opportunity for the non-trawl
sector.
By focusing on the two key alternatives in the PR IRFA and in the
FRFA (no action and preferred), it encompasses parts of the other
alternatives and informs the reader of these regulations. The analysis
of the no action alternative describes what is likely to occur in the
absence of the action. It provides a benchmark against which the
incremental effects of the 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 action. Alternative 4b was the Council's
preferred alternative for rationalizing the west coast groundfish
limited entry trawl fishery. The Council's preferred alternative
establishes IFQs for both shoreside sectors of the trawl fishery and
allows them to trade IFQs between one another, effectively combining
both shoreside sectors, whiting and non-whiting, into one. Under the
preferred alternative, shoreside processors are allocated 20 percent of
the shoreside IFQ for whiting. Under the preferred alternative,
shoreside processors would not receive IFQ for nonwhiting species that
have been landed with whiting. Furthermore, a subset of species is
covered with IFQs in the shoreside fishery and with allocations in the
at-sea fishery, rather than all species in the Council's ABC/OY table
for groundfish. Those species which are not covered with IFQs or
allocations are excluded because the incidental catch of those species
is small relative to management targets and the inclusion of those
species may have negative economic implications with little to no
benefit to management. The mothership sector is managed with harvest
cooperatives (coops), and each catcher vessel wanting to participate in
a coop must declare a mothership to which it will deliver in the
upcoming year. The catcher-processor sector is managed with a limited
entry system designed to facilitate the continuation of the voluntary
cooperative in that sector. In the event that the voluntary cooperative
breaks apart, each permit is allocated an equal number of QS, and the
catcher-processor sector becomes an IFQ fishery.
Other provisions of Alternative 4b include initial allocation that
allocates bycatch species based on a bycatch rate (in the nonwhiting
portion of the fishery) and on a pro rata distribution for the whiting
portion of the fishery. The initial allocation of IFQ to the shoreside
sectors divides the buyback portion of catch history equally for some
IFQ species and is based on the years 1994 to 2003, where the two worst
years are dropped. This equal division only applies to non-overfished
species and canary rockfish. The other overfished species would be
allocated based on current permits' landing history alone. In the
mothership sector, the best 8 out of 10 years are used between 1994 and
2003 for calculating catch history.
The need for a change from status quo is identified in the problem
statement. After reviewing the status quo situation and both the
beneficial and adverse impacts of the trawl rationalization
alternatives (as described in detail in Chapter 2, Chapter 4, and the
appendices to the Amendment 20 EIS), the Council's judgment was that
the advantages of its final preferred alternative for trawl
rationalization, Alternative 4b, outweighed the disadvantages in
comparison to continuation with status quo management, the other trawl
rationalization alternatives that were considered, and other proposals
for modification of status quo (e.g., providing longer cumulative limit
periods). There are two primary drivers in the problem statement that
guided this process: the first is the need to account for, control, and
reduce bycatch, and the second is the need to provide for an
economically sustainable fishery for the benefit of industry
participants and fishery dependent communities. These needs are both
reflected in the goal for this action: 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. There are no
significant alternatives to this action that accomplish the stated
objectives of applicable statutes and that minimize any of the
significant economic impact of the rule on small entities. As discussed
below, the action includes provisions that would have a beneficial
impact on small entities.
As described in the RIR/IRFA, NMFS developed the following
estimates of the number of small entities to which this rule would
apply. 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
industry 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
[[Page 60895]]
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 by ``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 equal to or greater than $150,000 but less than $1,000,000);
and 13 large purchasers (purchases equal to or 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.
NMFS received one comment specific to the RIR/IRFA. This comment
concerned the potential benefits to harvesters concerning price
negotiations with processors from the perspective of moving from 2-
month cumulative landings limits to IFQs. This comment is summarized
above as Comment 50. NMFS responded that the summary of the IRFA
contained in the preamble of the proposed rule was inconsistent with
Chapter 4 of the DEIS and with the draft RIR/IRFA that was included
with the DEIS, NMFS will correct the summary appropriately. The full
response to this comment is described above in the response to Comment
50.
Although not specifically addressed to RIR/IRFA, comments were
received that relate to the impacts on small businesses. In particular,
concerns were raised about ``negative impacts on smaller boats,
deckhands, and smaller boats (Comment 19), ``program costs to
fishermen, including the costs of entering the fishery and the costs of
observers and monitoring are too high'' (Comments 22 and 24),
``observer rules need to change for trawl and small boats to reflect
the vastly different bycatch which occurs when mistakes are made.''
(Comment 23); ``impact of the allocation formulas on Fort Bragg
fishermen (Comment 32); ``concern that average fishermen will not be
able to afford to participate and that this will lead to increased
consolidation and leave many ports no longer viable'' (Comment 34); and
``negative impacts on processors, that small processors will be driven
out of business due to consolidation * * * will eliminate the ``mom and
pop businesses'' (Comment 49).
NMFS has responded to these comments above in detail and these
responses will not be repeated here. However, as discussed in the
response to Comments 19 (small harvesters) and 49 (small processors)
the overall general nature of these responses is the following. In
terms of impacts on small businesses, 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. The allocations of
quota under the new program do not differ significantly from status quo
allocations made biennially in terms of total allocations. However,
instead of fleetwide quotas, there will now be individual allocations
of quota shares and quota pounds to permit owners. Allocations of
overfished species constrain all groundfish fishermen, for both large
and small operations. In some cases, smaller operators may be
constrained to a greater extent. This was recognized in development of
the program, and operators are encouraged to work together
cooperatively, through mechanisms like combining and sharing quota
amounts. The program provides for leasing of additional quota as needed
to facilitate operations. The proposed action includes provisions that
would have a beneficial impact on small entities. It would create a
management program under which most recent participants in the Pacific
Coast groundfish limited entry trawl fishery (many of which are small
entities) would be eligible to continue participating in the fishery
and under which the fishery itself would experience an increase in
economic profitability. Small entities choosing to exit the fishery
should receive financial compensation from selling their permit or
share of the resource. To prevent a particular individual, corporation,
or other entity from acquiring an excessive share of the total harvest
privileges in the program, accumulation limits would restrict the
amount of harvest privileges that can be held, acquired, or used by
individuals and vessels. In addition, for the shoreside sector of the
fishery, an AMP was created to mitigate any adverse impacts, including
impacts on small entities and communities that might result from the
proposed action.
It is expected that the TIQ will lead to consolidation and this may
affect small processors, particularly if they are in disadvantaged
ports. Chapter 4 of the FEIS analyzed the effects on processors from
various perspectives: The distribution of landings across west coast
ports may change 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). In particular,
the Council analysis indicated that processors associated with
disadvantaged communities may see trawl groundfish volumes decline. The
analysis highlights that those processors receiving landings from
Central California or Neah Bay may see a reduction in trawl caught
groundfish if the market is able to redirect activity toward more
efficient and advantaged ports. However, in addition to increased
landings that are expected to result from the TIQ program, small
processors and disadvantaged communities may benefit from the control
limits, vessel limits, and adaptive management policies. Control limits
will limit the ability of large processors to obtain shares of the
fisheries while the adaptive management processes will allow the
Council to consider the impacts on small processors, and disadvantaged
communities when allocating the adaptive management quota (10 percent
of the total non-whiting trawl quotas). Although vessel accumulation
limits tend to lower economic efficiency and restrict profitability for
the average vessel, they could help retain vessels in communities
because more vessels would remain.
Another process by which small processors and disadvantaged
communities may benefit from will be the future establishment of
regulations and policies that allow CFAs to be formed. Some of the
potential benefits of CFAs include: ensuring access to the fishery
resource in a particular area or
[[Page 60896]]
community to benefit the local fishing economy; enabling the formation
of risk pools and sharing monitoring and other costs; ensuring that
fish delivered to a local area will benefit local processors and
businesses; providing a local source of QSs for new entrants and others
wanting to increase their participation in the fishery; increasing
local accountability and responsibility for the resource; and
benefiting other providers and users of local fishery infrastructure.
The development of CFAs could have a positive impact on the culture of
fishing communities. Although little research has been done on the
effect of CFAs on culture, it seems likely that CFAs could strengthen a
community's cultural associations with fishing by contributing to a
unique sense of identity, increasing accountability for both natural
and cultural resources, and building and strengthening connections
among community members.
In summary, as stated in the RIR/IRFA, 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 50 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 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.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. Copies of
this final rule are available from the Northwest Regional Office, and
the small entity compliance guide will be sent to the following: (1)
``Pre-qualified'' limited entry trawl permit owners, (2) ``pre-
qualified'' shorebased processors of Pacific whiting, (3) Pacific
whiting license owners, (4) owners of vessels registered to limited
entry trawl permits, and (5) members of the groundfish public notice e-
mail list. The guide and this final rule are also available on the NMFS
Northwest Region Web site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Trawl-Program/index.cfm) and upon
request.
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by the Office of Management and Budget (OMB) under control
number 0648-0611. 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. No comments were received on the PRA during
the proposed rule comment period. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 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, 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
[[Page 60897]]
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 has
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) and the
southern DPS of Pacific eulachon (75 FR 13012, March 18, 2010) were
also recently listed as threatened under the ESA. As a consequence,
NMFS has reinitiated its Section 7 consultation on the Groundfish FMP.
After reviewing the available information, NMFS concluded that,
consistent with Sections 7(a)(2) and 7(d) of the ESA, the
implementation of this final rule 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.
Amendments 20 and 21 to the FMP were developed after meaningful
consultation and collaboration, through the Council process, with the
tribal representative on the Council. The Amendments have no direct
effect on tribes; the reorganization of the groundfish regulations
includes regulations that address tribal fishing; these sections were
deemed by the Council as ``necessary or appropriate'' to implement the
FMP as amended.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: September 13, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 15 CFR Chapter IX and 50 CFR
Chapter VI are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1(b), in the table under the entry ``50 CFR'':
0
a. Remove the entries and corresponding OMB numbers for 660.303,
660.305, 660.322, 660.323, 660.333, and 660.337.
0
b. Add new entries and corresponding OMB numbers for 660.20, 660.25,
660.113, 660.219, and 660.319.
The additions read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
control number
CFR part or section where the information collection (all numbers
requirement is located begin with 0648-
)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
660.20.............................................. -0355
660.25.............................................. -0203
660.113............................................. -0271
660.219............................................. -0352
660.319............................................. -0352
* * * * *
------------------------------------------------------------------------
50 CFR Chapter VI
PART 660--FISHERIES OFF WEST COAST STATES
0
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. 7001 et seq.
0
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 1a to Part 660, Subpart C--2009, Specifications of ABCs, OYs,
and HGs, by Management Area (weights in metric tons)
Table 1b to Part 660, Subpart C--2009, Harvest Guidelines for Minor
Rockfish by Depth Sub-groups (weights in metric tons)
Table 1c to Part 660, Subpart C--2009, Open Access and Limited Entry
Allocations by Species or Species Group (weights in metric tons)
Table 1d to Part 660, Subpart C-- At-Sea Whiting Fishery Annual Set-
Asides, 2011 and 2012.
Table 2a to Part 660, Subpart C--2010, Specifications of ABCs, OYs,
and HGs, by Management Area (weights in metric tons)
[[Page 60898]]
Table 2b to Part 660, Subpart C--2010, and Beyond, Harvest
Guidelines for Minor Rockfish by Depth Sub-groups (weights in metric
tons)
Table 2c to Part 660, Subpart C--2010, and Beyond, Open Access and
Limited Entry Allocations by Species or Species Group (weights in
metric tons)
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.
Table 1 (North) to Part 660, Subpart D--2010 Trip Limits for Limited
Entry Trawl Gear North of 40[deg]10' N. Lat.
Table 1 (South) to Part 660, Subpart D--2010 Trip Limits for Limited
Entry Trawl Gear South of 40[deg]10' N. Lat.
Figure 1 to Part 660, Subpart D--Diagram of Selective Flatfish Trawl
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
Table 2 (North) to Part 660, Subpart E--2010 Trip Limits for Limited
Entry Fixed Gear North of 40[deg]10' N. Lat.
Table 2 (South) to Part 660, Subpart E--2010 Trip Limits for Limited
Entry Fixed Gear South of 40[deg]10' N. Lat.
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.
Table 3 (North) to Part 660, Subpart F--2010 Trip Limits for Open
Access Gears North of 40[deg]10' N. Lat.
Table 3 (South) to Part 660, Subpart F--2010 Trip Limits for Open
Access Gears South of 40[deg]10' N. Lat.
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),
[[Page 60899]]
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 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.
[[Page 60900]]
(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.
(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.
[[Page 60901]]
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.
(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.
[[Page 60902]]
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 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
[[Page 60903]]
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 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, vessel account, MS
permit, or an 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 shorebased or on the water.
(2) Shorebased 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
Shorebased 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 Shorebased 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.
[[Page 60904]]
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 (Sec. Sec. 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 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 of this part.
(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 of this part 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 of this part, 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
[[Page 60905]]
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 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 non trawl
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
[[Page 60906]]
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.
(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 non trawl 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 non trawl
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 mid water trawl, non-whiting,
(4) Limited entry mid water trawl, Pacific whiting shore based
sector,
(5) Limited entry mid water trawl, Pacific whiting catcher/
processor sector,
(6) Limited entry mid water trawl, Pacific whiting mother ship
sector,
(7) Limited entry bottom trawl, not including emerald trawl,
(8) Limited entry emerald 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
[[Page 60907]]
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 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 emailing 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 email 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 email,
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
[[Page 60908]]
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 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 vessels' 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 (c)(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
[[Page 60909]]
to the regulatory sections with the observer coverage requirements.
------------------------------------------------------------------------
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 subpart F, Sec. 660.316.
Access 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.
[[Page 60910]]
(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 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 decision of the Regional
Administrator acting on behalf of the Secretary of Commerce 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, shorebased 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, shorebased or floating stationary processing facility; or
(C) Any business involved with purchasing raw or processed products
from any vessel, shorebased 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
[[Page 60911]]
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]
(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 shorebased
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. An MS permit is a type of limited
entry permit. An 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
[[Page 60912]]
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
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. An 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
[[Page 60913]]
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 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. An 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
MS 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 an 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 an 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 an 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
[[Page 60914]]
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. An 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 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 an 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.
(1) During the initial issuance application period for the trawl
rationalization program, NMFS will not review or approve any request
for a change in limited entry trawl permit owner at any time during the
application period, as specified at Sec. 660.140(d)(8)(viii) for QS
applicants, at Sec. 660.150(g)(6)(vii) for MS/CV endorsement
applicants, and at Sec. 660.160(d)(7)(vi) for C/P endorsement
applicants. The initial issuance application period for the trawl
rationalization program will begin on either November 1, 2010 or the
date upon which the application is received by NMFS, whichever occurs
first.
(2) [Reserved]
(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) of this section 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
[[Page 60915]]
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
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 QS or IBQ for designated species and
species groups and to fish in the Shorebased IFQ Program described
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
[[Page 60916]]
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 permit. [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 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 subparts 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 Regional
Administrator 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 Regional Administrator, which shall
be advisory only. The recommendation must be based solely on the
record. Upon receiving the findings and recommendation, the Regional
Administrator shall issue a final decision on the appeal acting on
behalf of the Secretary of Commerce in accordance with paragraph
(g)(6)(ii) of this section.
(ii) Final decision on appeal. The Regional Administrator 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 or IBQ amount for specific IFQ management unit species
under appeal, the QS or IBQ 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 or IBQ amounts assigned to the QS permit in the
IAD. Once a final decision on the appeal has been made and if a revised
QS or IBQ amount for a specific IFQ species will be assigned to the QS
permit, the additional QS or IBQ 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
an 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-Stevens Act at 16 U.S.C. 1858(g) and 15 CFR
part 904, subpart D.
(2) All Shorebased IFQ Program permits (QS permit, first receiver
site license), QS accounts, vessel accounts, and MS Coop Program
permits (MS permit, MS/CV-endorsed permit, and MS coop permit), and C/P
Coop Program permits (C/P-endorsed permit, C/P coop permit) issued
under subpart D:
[[Page 60917]]
(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-Stevens 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;
(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 shorebased 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
[[Page 60918]]
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 decision of the Regional Administrator acting on behalf of the
Secretary 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 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
[[Page 60919]]
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 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' N. lat.
(Norwegian Memorial) and east of 125[deg]44' W. long.
(2) Quileute. That portion of the FMA between 48[deg]07.60' N. lat.
(Sand Point) and 47[deg]31.70' N. lat. (Queets River) and east of
125[deg]44' W. long.
(3) Hoh. That portion of the FMA between 47[deg]54.30' N. lat.
(Quillayute River) and 47[deg]21' N. lat. (Quinault River) and east of
125[deg]44' W. long.
(4) Quinault. That portion of the FMA between 47[deg]40.10' N. lat.
(Destruction Island) and 46[deg]53.30' N. lat. (Point Chehalis) and
east of 125[deg]44' 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
[[Page 60920]]
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 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' N. lat.) and between Destruction Island
(47[deg]40' N. lat.) and Leadbetter Point (46[deg]38.17' 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' N. lat)
and 10,000 lb (4,536 kg) for the area between Destruction Island, WA
(47[deg]40' N. lat.) and Leadbetter Point, WA (46[deg]38.17' 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
[[Page 60921]]
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 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 any stock that has been declared overfished, any
formal allocation may be temporarily revised for the duration of the
rebuilding period. 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. Also, separate allocations for the limited entry and open
access fisheries may 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 Sec. 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 %
------------------------------------------------------------------------
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 40[deg]10' N. 75................ 25
lat..
Splitnose S. of 40[deg]10' N. 95................ 5
lat..
Yellowtail N. of 40[deg]10' N. 88................ 12
lat..
Shortspine N. of 34[deg]27' N. 95................ 5
lat..
Shortspine S. of 34[deg]27' N. 50 mt............. Remaining Yield
lat..
Longspine N. of 34[deg]27' N. 95................ 5
lat..
DARKBLOTCHED.................... 95................ 5
Minor Slope RF North of 81................ 18
40[deg]10' N. lat..
Minor Slope RF South of 63................ 37
40[deg]10' N. lat..
Dover Sole...................... 95................ 5
English Sole.................... 95................ 5
Petrale Sole.................... 95................ 5
[[Page 60922]]
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 rockfish, the trawl allocation
is further subdivided among the trawl sectors (MS, C/P, and IFQ) as
follows:
(A) Darkblotched rockfish. Allocate 9 percent 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 nonwhiting
fishery.
(B) Pacific Ocean Perch (POP). Allocate 17 percent 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 nonwhiting
fishery.
(C) Widow rockfish. Allocate 52 percent of the total trawl
allocation of widow rockfish to the whiting sectors if the stock is
under rebuilding or 10 percent 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 nonwhiting 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. 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 with LE/OA
allocations, 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
[[Page 60923]]
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 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.). The
allocations of sablefish north of 36[deg] N. lat. described in
paragraph (h) of this section are specified in Chapter 6 of the PCGFMP.
(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 fishery (limited
entry, open access (directed and incidental), and research).
(2) Between the limited entry and open access fisheries. The
allocation of sablefish after tribal deductions is further reduced by
the estimated total mortality of sablefish in research and incidental
catch in non-groundfish fisheries (incidental open access); the
remaining yield (nontribal share) is divided between open access and
limited entry fisheries. The limited entry fishery allocation is 90.6
percent and the open access allocation is 9.4 percent.
(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
[[Page 60924]]
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 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
[[Page 60925]]
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
shorebased 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 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.
[[Page 60926]]
(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.
(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.
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
\a\ ABCs apply only to the U.S. portion of the Vancouver area.
\b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are
specified as total catch values. A harvest guideline is a specified
harvest target and not a quota. The use of this term may differ from
the use of similar terms in state regulation.
\c\ Lingcod--A coastwide lingcod stock assessment was prepared
in 2005. The lingcod biomass was estimated to be at 64 percent of
its unfished biomass coastwide in 2005. The ABC of 5,278 mt was
calculated using an FMSY proxy of F45%. Because the stock is above
B40%coastwide, the coastwide OY was set equal to the ABC. The tribal
harvest guideline is 250 mt.
\d\ ``Other species''--these species are neither common nor
important to the commercial and recreational fisheries in the areas
footnoted. Accordingly, these species are included in the harvest
guidelines of ``other
[[Page 60931]]
fish'', ``other rockfish'' or ``remaining rockfish''.
\e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia
area is based on historical landings data. The 1,600 mt OY is the
ABC reduced by 50 percent as a precautionary adjustment. A tribal
harvest guideline of 400 mt is deducted from the OY resulting in a
commercial OY of 1,200 mt.
\f\ Pacific whiting--The most recent stock assessment was
prepared in February 2009. The stock assessment base model estimated
the Pacific whiting biomass to be at 32 percent (50th percentile
estimate of depletion) of its unfished biomass in 2009. The U.S
Canada coastwide ABC is 253,582 mt, the U.S. share of the ABC is
187,346 mt (73.88 percent of the coastwide ABC). The U.S.-Canada
coastwide OY is 184,000 mt with a corresponding U.S. OY of 135,939
mt. The tribal set aside is 50,000 mt. The amount estimated to be
taken as research catch and in non-groundfish fisheries is 4,000 mt.
The commercial OY is 81,939 mt. Each sector receives a portion of
the commercial OY, with the catcher/processors getting 34 percent
(27,859 mt), motherships getting 24 percent (19,665 mt), and the
shore-based sector getting 42 percent (34,414 mt). The allocation
for the fishery south of 42[deg]N. lat. is 1,721 mt.
\g\ Sablefish--A coastwide sablefish stock assessment was
prepared in 2007. The sablefish biomass was estimated to be at 38.3
percent of its unfished biomass in 2007. The coastwide ABC of 9,914
mt was based on the new stock assessment with a FMSY proxy of F45%.
The 40-10 harvest policy was applied to the ABC then apportion
between the northern and southern areas with 72 percent going to the
area north of 36[deg] N. lat. and 28 percent going to the area south
of 36[deg] N. lat. The OY for the area north of 36[deg] N. lat. is
7,052 mt. When establishing the OY for the area south of 36[deg] N.
lat. a 50 percent reduction was made resulting in a Conception area
OY of 1,371 mt. The coastwide OY of 8,423 mt is the sum of the
northern and southern area OYs. The tribal allocation for the area
north of 36[deg] N. lat. is 705 mt (10 percent of the OY north of
36[deg] N. lat.), which is further reduced by 1.6 percent (11 mt) to
account for discard mortality. The tribal landed catch value is 694
mt.
\h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The
Cabezon stock was estimated to be at 40 percent of its unfished
biomass north of 34[deg] 27'N. lat. and 28 percent of its unfished
biomass south of 34[deg] 27'N. lat. in 2005. The ABC of 106 mt is
based on the 2005 stock assessment with a harvest rate proxy of
F45%. The OY of 69 mt is consistent with the application of a 60-20
harvest rate policy specified in the California Nearshore Fishery
Management Plan.
\i\ Dover sole north of 34[deg] 27' N. lat. was assessed in
2005. The Dover sole biomass was estimated to be at 59.8 percent of
its unfished biomass in 2005 and was projected to be increasing. The
ABC of 29,453 mt is based on the results of the 2005 assessment with
an FMSY proxy of F40%. Because the stock is above B40%coastwide, the
OY could be set equal to the ABC. The OY of 16,500 mt is less than
the ABC. The OY is set at the MSY harvest level which is
considerably larger than the coastwide catches in any recent years.
\j\ A coastwide English sole stock assessment was prepared in
2005 and updated in 2007. The stock was estimated to be at 116
percent of its unfished biomass in 2007. The stock biomass is
believed to be declining. The ABC of 14,326 mt is based on the
results of the 2007 assessment update with an FMSY proxy of F40%.
Because the stock is above B40%, the OY was set equal to the ABC.
\k\ A petrale sole stock assessment was prepared for 2005. In
2005 the petrale sole stock was estimated to be at 32 percent of its
unfished biomass coastwide (34 percent in the northern assessment
area and 29 percent of in the southern assessment area). The ABC of
2,811 mt is based on the 2005 stock assessment with a F40%FMSYproxy.
To derive the OY, the 40-10 harvest policy was applied to the ABC
for both the northern and southern assessment areas. As a
precautionary measure, an additional 25 percent reduction was made
in the OY contribution for the southern area due assessment
uncertainty. The coastwide OY is 2,433 mt in 2009.
\l\ Arrowtooth flounder was assessed in 2007 and was estimated
to be at 79 percent of its unfished biomass in 2007. Because the
stock is above B40%, the OY is set equal to the ABC.
\m\ Starry Flounder was assessed for the first time in 2005 and
was estimated to be above 40 percent of its unfished biomass in
2005. However, the stock was projected to decline below 40 percent
in both the northern and southern areas after 2008. The starry
flounder assessment was considered to be a data-poor assessment
relative to other groundfish assessments. For 2009, the coastwide
ABC of 1,509 mt is based on the 2005 assessment with a FMSY proxy of
F40%. To derive the OY (1,004 mt), the 40-10 harvest policy was
applied to the ABC for both the northern and southern assessment
areas then an additional 25 percent reduction was made due to
assessment uncertainty.
\n\ ``Other flatfish'' are those flatfish species that do not
have individual ABC/OYs and include butter sole, curlfin sole,
flathead sole, Pacific sand dab, rex sole, rock sole, and sand sole.
The other flatfish ABC is based on historical catch levels. The ABC
of 6,731 mt is based on the highest landings for sanddabs (1995) and
rex sole (1982) for the 1981-2003 period and on the average landings
from the 1994-1998 period for the remaining other flatfish species.
The OY of 4,884 mt is based on the ABC with a 25 percent
precautionary adjustment for sanddabs and rex sole and a 50 percent
precautionary adjustment for the remaining species.
\o\ A POP stock assessment was prepared in 2005 and was updated
in 2007. The stock assessment update estimated the stock to be at
27.5 percent of its unfished biomass in 2007. The ABC of 1,160 mt
for the Vancouver and Columbia areas is based on the 2007 stock
assessment update with an FMSY proxy of F50%. The OY of 189 mt is
based on a rebuilding plan with a target year to rebuild of 2017 and
an SPR harvest rate of 86.4 percent. The OY is reduced by 2.0 mt for
the amount anticipated to be taken during research activity and 0.14
mt for the amount expected to be taken during EFP fishing.
\p\ Shortbelly rockfish remains an unexploited stock and is
difficult to assess quantitatively. To understand the potential
environmental determinants of fluctuations in the recruitment and
abundance of an unexploited rockfish population in the California
Current ecosystem, a non-quantitative assessment was conducted in
2007. The results of the assessment indicated the shortbelly stock
was healthy with an estimated spawning stock biomass at 67 percent
of its unfished biomass in 2005. The ABC and OY are being set at
6,950 mt which is 50 percent of the 2008 ABC and OY values. The
stock is expected to remain at its current equilibrium with these
harvest specifications.
\q\ Widow rockfish was assessed in 2005 and an update was
prepared in 2007. The stock assessment update estimated the stock to
be at 36.2 percent of its unfished biomass in 2006. The ABC of 7,728
mt is based on the stock assessment update with an F50%FMSYproxy.
The OY of 522 mt is based on a rebuilding plan with a target year to
rebuild of 2015 and an SPR harvest rate of 95 percent. To derive the
commercial harvest guideline of 460.4 mt the OY is reduced by 1.1 mt
for the amount anticipated to be taken during research activity,
45.5 mt for the tribal set-aside, 7.2 mt the amount estimated to be
taken in the recreational fisheries, 0.4 mt for the amount expected
to be taken incidentally in non-groundfish fisheries, and 7.4 mt for
the amount projected to be taken during EFP fishing. The following
are the sector specific bycatch limits established for the Pacific
whiting fishery: 85.0 mt for catcher/processors, 60.0 mt for
motherships, and 105.0 mt for shore-based.
\r\ Canary rockfish--A canary rockfish stock assessment was
completed in 2007 and the stock was estimated to be at 32.7 percent
of its unfished biomass coastwide in 2007. The coastwide ABC of 937
mt based on the 2007 rebuilding plan. The OY of 105 mt is based on a
rebuilding plan with a target year to rebuild of 2021 and a SPR
harvest rate of 88.7 percent. To derive the commercial harvest
guideline of 42.3 mt, the OY is reduced by 8.0 mt for the amount
anticipated to be taken during research activity, 7.3 mt the tribal
set-aside, 43.8 mt the amount estimated to be taken in the
recreational fisheries, 0.9 mt for the amount expected to be taken
incidentally in non-groundfish fisheries, and 2.7 mt for the amount
expected to be taken during EFP fishing. The following harvest
guidelines are being specified for catch sharing in 2009: 19.7 mt
for limited entry Non-Whiting Trawl, 18.0 mt for limited entry
Whiting Trawl, 2.2 mt for limited entry fixed gear, 2.5 mt for
directed open access, 4.9 mt for Washington recreational, 16.0 mt
for Oregon recreational, and 22.9 mt for California recreational.
\s\ Chilipepper rockfish was assessed in 2007 and the stock was
estimated to be at 71 percent of its unfished biomass coastwide in
2007. The ABC of 3,037 mt is based on a FMSY proxy of F50%. Because
the unfished biomass is estimated to be above 40 percent the
unfished biomass, the default OY could be set equal to the ABC.
However, the OY of 2,885 mt was the ABC reduced by 5 percent as a
precautionary measure for uncertainty in the stock assessment. Open
access is allocated 44.3 percent (1,278 mt) of the
[[Page 60932]]
commercial HG and limited entry is allocated 55.7 percent (1,607 mt)
of the commercial HG.
\t\ A bocaccio stock assessment and a rebuilding analysis were
prepared in 2007. The bocaccio stock was estimated to be at 13.8
percent of its unfished biomass in 2007. The ABC of 793 mt for the
Monterey-Conception area is based on the new assessment with an FMSY
proxy of F50%. The OY of 288 mt is based on a rebuilding plan with a
target year to rebuild of 2026 and a SPR harvest rate of 77.7
percent. To derive the commercial harvest guideline of 206.4 mt, the
OY is reduced by 2.0 mt for the amount anticipated to be taken
during research activity, 67.3 mt for the amount estimated to be
taken in the recreational fisheries, 1.3 mt for the amount expected
to be taken incidentally in non-groundfish fisheries, and 11.0 mt
for the amount expected to be taken during EFP fishing.
\u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent
precautionary adjustment because of the less rigorous stock
assessment for this stock. In the north (Vancouver, Columbia and
Eureka areas), splitnose is included within the minor slope rockfish
OY. Because the harvest assumptions used to forecast future harvest
were likely overestimates, carrying the previously used ABCs and OYs
forward into 2009 was considered to be conservative and based on the
best available data.
\v\ Yellowtail rockfish--A yellowtail rockfish stock assessment
was prepared in 2005 for the Vancouver, Columbia, Eureka areas.
Yellowtail rockfish was estimated to be above 40 percent of its
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005
stock assessment with the FMSY proxy of F50%. The OY of 4,562 mt was
set equal to the ABC, because the stock is above the precautionary
threshold of B40%.
\w\ Shortspine thornyhead was assessed in 2005 and the stock was
estimated to be at 63 percent of its unfished biomass in 2005. The
ABC of 2,437 mt is based on a F50%FMSYproxy. For that portion of the
stock (66 percent of the biomass) north of Point Conception
(34[deg]27'N. lat.), the OY of 1,608 mt was set at equal to the ABC
because the stock is estimated to be above the precautionary
threshold. For that portion of the stock south of 34[deg]27'N. lat.
(34 percent of the biomass), the OY of 414 mt was the portion of the
ABC for the area reduced by 50 percent as a precautionary adjustment
due to the short duration and amount of survey data for that area.
\x\ Longspine thornyhead was assessed coastwide in 2005 and the
stock was estimated to be at 71 percent of its unfished biomass in
2005. The coastwide ABC of 3,766 mt is based on a F50%FMSYproxy. The
OY is set equal to the ABC because the stock is above the
precautionary threshold. Separate OYs are being established for the
areas north and south of 34[deg]27'N. lat. (Point Conception). The
OY of 2,231 mt for that portion of the stock in the northern area
(79 percent) the ABC reduced by 25 percent as a precautionary
adjustment. For that portion of the stock in the south of
34[deg]27'N. lat. (21 percent), the OY of 395 mt was the portion of
the ABC for the area reduced by 50 percent as a precautionary
adjustment due to the short duration and amount of survey data for
that area.
\y\ Cowcod in the Conception area was assessed in 2007 and the
stock was estimated to be between 3.4 to 16.3 percent of its
unfished biomass. The ABC for the area south of 36[deg]N. lat., the
Conception and Monterey areas, is 13 mt and is based on the 2007
rebuilding analysis in which the Conception area stock assessment
projection was doubled to account for both areas. A single OY of 4
mt is being set for both areas. The OY of 4 mt is based on a
rebuilding plan with a target year to rebuild of 2072 and an SPR
rate of 82.1 percent. The amount anticipated to be taken during
research activity is 0.2 mt and the amount expected to be taken
during EFP activity is 0.24 mt.
\z\ Darkblotched rockfish was assessed in 2007 and a rebuilding
analysis was prepared. The new stock assessment estimated the stock
to be at 22.4 percent of its unfished biomass in 2007. The ABC is
projected to be 437 mt and is based on the 2007 stock assessment
with an FMSYproxy of F50%. The OY of 285 mt is based on a rebuilding
plan with a target year to rebuild of 2028 and an SPR harvest rate
of 62.1 percent. The commercial OY of 282.05 mt is the OY reduced by
2.0 mt for the amount anticipated to be taken during research
activity and 0.95 mt for the amount projected to be taken during EFP
activity.
\aa\ Yelloweye rockfish was fully assessed in 2006 and an
assessment update was completed in 2007. The 2007 stock assessment
update estimated the spawning stock biomass in 2006 to be at 14
percent of its unfished biomass coastwide. The 31 mt coastwide ABC
was derived from the base model in the new stock assessment with an
FMSY proxy of F50%. The 17 mt OY is based on a rebuilding plan with
a target year to rebuild of 2084 and an SPR harvest rate of 66.3
percent in 2009 and 2010 and an SPR harvest rate of 71.9 percent for
2011 and beyond. The OY is reduced by 2.8 mt for the amount
anticipated to be taken during research activity, 2.3 mt the amount
estimated to be taken in the tribal fisheries and 0.3 mt for the
amount expected to be taken incidentally in non-groundfish
fisheries. The catch sharing harvest guidelines for yelloweye
rockfish in 2009 are: limited entry non-whiting trawl 0.6 mt,
limited entry whiting 0.0 mt, limited entry fixed gear 1.4 mt,
directed open access 1.1 mt, Washington recreational 2.7 mt, Oregon
recreational 2.4 mt, California recreational 2.8 mt, and 0.3 mt for
exempted fishing.
\bb\ California Scorpionfish south of 34[deg]27'N. lat. was
assessed in 2005 and was estimated to be above 40 percent of its
unfished biomass in 2005. The ABC of 175 mt is based on the new
assessment with a harvest rate proxy of F50%. Because the stock is
above B40%coastwide, the OY is set equal to the ABC.
\cc\ New assessments were prepared for black rockfish south of
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish
north of Cape Falcon. The ABC for the area north of 46[deg]16'N.
lat. (Washington) is 490 mt (97 percent) of the 505 mt ABC
contribution from the northern assessment area. The ABC for the area
south of 46[deg]16'N. lat. (Oregon and California) is 1,469 mt which
is the sum of a contribution of 15 mt (3 percent) from the northern
area assessment, and 1,454 mt from the southern area assessment. The
ABCs were based on the results of the new assessment and derived
using an FMSYproxy of F50%. Because both portions of the stock are
above 40 percent, the OYs could be set equal to the ABCs. For the
area north of 46[deg]16'N. lat., the OY of 490 mt is set equal to
the ABC. The following tribal harvest guidelines are being set:
20,000 lb (9.1 mt) north of Cape Alava, WA (48[deg]09.50'N. lat.)
and 10,000 lb (4.5 mt) between Destruction Island, WA (47[deg]40'N.
lat.) and Leadbetter Point, WA (46[deg]38.17'N. lat.) The OY for the
area south of 46[deg]16'N. lat. is being set at 1,000 mt which is a
constant harvest level. The black rockfish OY in the area south of
46[deg]16'N. lat., is subdivided with separate HGs being set for the
area north of 42[deg] N. lat. (580 mt/58 percent) and for the area
south of 42[deg] N. lat. (420 mt/42 percent).
dd Minor rockfish north includes the ``remaining
rockfish'' and ``other rockfish'' categories in the Vancouver,
Columbia, and Eureka areas combined. These species include
``remaining rockfish'', which generally includes species that have
been assessed by less rigorous methods than stock assessments, and
``other rockfish'', which includes species that do not have
quantifiable stock assessments. Blue rockfish has been removed from
the ``other rockfish'' and added to the remaining rockfish. The ABC
of 3,678 mt is the sum of the individual ``remaining rockfish'' ABCs
plus the ``other rockfish'' ABCs. The remaining rockfish ABCs
continue to be reduced by 25 percent (F = 0.75M) as a precautionary
adjustment. To obtain the total catch OY of 2,283 mt, the remaining
rockfish ABCs were further reduced by 25 percent and other rockfish
ABCs were reduced by 50 percent. This was a precautionary measure to
address limited stock assessment information.
ee Minor rockfish south includes the ``remaining
rockfish'' and ``other rockfish'' categories in the Monterey and
Conception areas combined. These species include ``remaining
rockfish'' which generally includes species that have been assessed
by less rigorous methods than stock assessment, and ``other
rockfish'' which includes species that do not have quantifiable
stock assessments. Blue rockfish has been removed from the ``other
rockfish'' and added to the remaining rockfish. The ABC of 3,384 mt
is the sum of the individual ``remaining rockfish'' ABCs plus the
``other rockfish'' ABCs. The remaining rockfish ABCs continue to be
reduced by 25 percent (F = 0.75M) as a precautionary adjustment. The
remaining rockfish ABCs are further reduced by 25 percent, with the
exception of blackgill rockfish (see footnote gg). The other
rockfish ABCs were reduced by 50 percent. This was a precautionary
measure due to limited stock assessment information. The resulting
minor rockfish OY is 1,990 mt.
ff Bank rockfish--The ABC is 350 mt which is based on
a 2000 stock assessment for the Monterey and Conception areas. This
stock contributes 263 mt towards the minor rockfish OY in the south.
[[Page 60933]]
gg Blackgill rockfish in the Monterey and Conception
areas was assessed in 2005 and is estimated to be at 49.9 percent of
its unfished biomass in 2008. The ABC of 292 mt for the Monterey and
Conception areas is based on the 2005 stock assessment with an FMSY
proxy of F50%and is the two year average ABC for the 2007 and 2008
periods. This stock contributes 292 mt towards minor rockfish south.
hh ``Other rockfish'' includes rockfish species
listed in 50 CFR 660.302. A new stock assessment was conducted for
blue rockfish in 2007. As a result of the new stock assessment, the
blue rockfish contribution to the other rockfish group, of 30 mt in
the north and 232 mt in the south, are removed. A new contribution
of 28 mt contribution in the north and 202 mt contribution in the
south is added to the remaining rockfish. The ABC for the remaining
species is based on historical data from a 1996 review landings and
includes an estimate of recreational landings. Most of these species
have never been assessed quantitatively.
ii Longnose skate was fully assessed in 2006 and an
assessment update was completed in 2007. The ABC of 3,428 is based
on the 2007 with an FMSYproxy of F45%. Longnose skate was previously
managed as part of the Other Fish complex. The 2009 OY of 1,349 mt
is a precautionary OY based on historical total catch increased by
50 percent.
jj ``Other fish'' includes sharks, skates, rays,
ratfish, morids, grenadiers, kelp greenling, and other groundfish
species noted above in footnote d/. The longnose skate contribution
is being removed from this complex.
kk Sablefish allocation north of 36[deg] N. lat.--The
limited entry allocation is further divided with 58 percent
allocated to the trawl fishery and 42 percent allocated to the
fixed-gear fishery.
ll Specific open access/limited entry allocations
specified in the FMP have been suspended during the rebuilding
period as necessary to meet the overall rebuilding target while
allowing harvest of healthy stocks.
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BILLING CODE 3510-22-C
[[Page 60940]]
\a\ ABCs apply only to the U.S. portion of the Vancouver area.
\b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are
specified as total catch values. A harvest guideline is a specified
harvest target and not a quota. The use of this term may differ from
the use of similar terms in state regulation.
\c\ Lingcod--A coastwide lingcod stock assessment was prepared
in 2005. The lingcod biomass was estimated to be at 64 percent of
its unfished biomass coastwide in 2005. The ABC of 4,829 mt was
calculated using an FMSY proxy of F45%. Because the stock is above
B40%coastwide, the coastwide OY was set equal to the ABC. The tribal
harvest guideline is 250 mt.
\d\ ``Other species''--these species are neither common nor
important to the commercial and recreational fisheries in the areas
footnoted. Accordingly, these species are included in the harvest
guidelines of ``other fish'', ``other rockfish'' or ``remaining
rockfish''.
\e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia
area is based on historical landings data. The 1,600 mt OY is the
ABC reduced by 50 percent as a precautionary adjustment. A tribal
harvest guideline of 400 mt is deducted from the OY resulting in a
commercial OY of 1,200 mt.
\f\ Pacific whiting--The most recent stock assessment was
prepared in January 2010. The stock assessment base model estimated
the Pacific whiting biomass to be at 31 percent (50th percentile
estimate of depletion) of its unfished biomass in 2010. The U.S.-
Canada coastwide ABC is 455,550 mt, the U.S. share of the ABC is
336,560 mt (73.88 percent of the coastwide ABC). The U.S.-Canada
coastwide Pacific whiting OY is 262,500 mt, with a corresponding
U.S. OY of 193,935 mt. The tribal allocation is 49,939 mt. The
amount estimated to be taken as research catch and in non-groundfish
fisheries is 3,000 mt. The commercial OY is 140,996 mt. Each sector
receives a portion of the commercial OY, with the catcher/processors
getting 34 percent (47,939 mt), motherships getting 24 percent
(33,839 mt), and the shore-based sector getting 42 percent (59,218
mt). No more than 2,961 mt (5 percent of the shore-based allocation)
may be taken in the fishery south of 42[deg] N. lat. prior to the
start of the primary season for the shorebased fishery north of
42[deg] N. lat.
\g\ Sablefish--A coastwide sablefish stock assessment was
prepared in 2007. The coastwide sablefish biomass was estimated to
be at 38.3 percent of its unfished biomass in 2007. The coastwide
ABC of 9,217 mt was based on the new stock assessment with a FMSY
proxy of F45%. The 40-10 harvest policy was applied to the ABC then
apportion between the northern and southern areas with 72 percent
going to the area north of 36* N. lat. and 28 percent going to the
area south of 36* N. lat. The OY for the area north of 36* N. lat.
is 6,471 mt. When establishing the OY for the area south of 36* N.
lat. a 50 percent reduction was made resulting in a Conception area
OY of 1,258 mt. The Coastwide OY of 7,729 mt is the sum of the
northern and southern area OYs. The tribal allocation for the area
north of 36* N. lat. is 647 mt (10 percent of the OY north of 36* N.
lat.), which is further reduced by 1.6 percent (10 mt) to account
for discard mortality. The tribal landed catch value is 637 mt.
\h\ Cabezon south of 42* N. lat. was assessed in 2005. The
Cabezon stock was estimated to be at 40 percent of its unfished
biomass north of 34* 27 'N. lat. and 28 percent of its unfished
biomass south of 34* 27 'N. lat. in 2005. The ABC of 111 mt is based
on the 2005 stock assessment with a harvest rate proxy of F45%. The
OY of 79 mt is consistent with the application of a 60-20 harvest
rate policy specified in the California Nearshore Fishery Management
Plan.
\i\ Dover sole north of 34* 27' N. lat. was assessed in 2005.
The Dover sole biomass was estimated to be at 59.8 percent of its
unfished biomass in 2005 and was projected to be increasing. The ABC
of 28,582 mt is based on the results of the 2005 assessment with an
FMSY proxy of F40%. Because the stock is above B40%coastwide, the OY
could be set equal to the ABC. The OY of 16,500 mt is less than the
ABC. The OY is set at the MSY harvest level which is considerably
larger than the coastwide catches in any recent years.
\j\ A coastwide English sole stock assessment was prepared in
2005 and updated in 2007. The stock was estimated to be at 116
percent of its unfished biomass in 2007. The stock biomass is
believed to be declining. The ABC of 9,745 mt is based on the
results of the 2007 assessment update with an FMSY proxy of F40%.
Because the stock is above B40%, the OY was set equal to the ABC.
\k\ A petrale sole stock assessment was prepared for 2005. In
2005 the petrale sole stock was estimated to be at 32 percent of its
unfished biomass coastwide (34 percent in the northern assessment
area and 29 percent in the southern assessment area). The 2010 ABC
of 2,751 mt is based on the 2005 assessment with a F40% FMSY proxy.
To derive the 2010 OY, the 40 10 harvest policy was applied to the
ABC for both the northern and southern assessment areas. As a
precautionary measure, an additional 25 percent reduction was made
in the OY contribution for the southern area due to assessment
uncertainty. As another precautionary measure, an additional 1,193
mt reduction was made in the coastwide OY due to preliminary results
of the more pessimistic 2009 stock assessment. The coastwide OY is
1,200 mt in 2010.
\l\ Arrowtooth flounder was assessed in 2007 and was estimated
to be at 79 percent of its unfished biomass in 2007. Because the
stock is above B40%, the OY is set equal to the ABC.
\m\ Starry Flounder was assessed for the first time in 2005 and
was estimated to be above 40 percent of its unfished biomass in
2005. However, the stock was projected to decline below 40 percent
in both the northern and southern areas after 2008. For 2010, the
coastwide ABC of 1,578 mt is based on the 2005 assessment with a
FMSY proxy of F40%. To derive the OY of 1,077 mt, the 40-10 harvest
policy was applied to the ABC for both the northern and southern
assessment areas then an additional 25 percent reduction was made
due to assessment uncertainty.
\n\ ``Other flatfish'' are those flatfish species that do not
have individual ABC/OYs and include butter sole, curlfin sole,
flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
The other flatfish ABC is based on historical catch levels. The ABC
of 6,731 mt is based on the highest landings for sanddabs (1995) and
rex sole (1982) for the 1981-2003 period and on the average landings
from the 1994-1998 period for the remaining other flatfish species.
The OY of 4,884 mt is based on the ABC with a 25 percent
precautionary adjustment for sanddabs and rex sole and a 50 percent
precautionary adjustment for the remaining species.
\o\ A POP stock assessment was prepared in 2005 and was updated
in 2007. The stock assessment update estimated the stock to be at
27.5 percent of its unfished biomass in 2007. The ABC of 1,173 mt
for the Vancouver and Columbia areas is based on the 2007 stock
assessment update with an FMSY proxy of F50%. The OY of 200 mt is
based on a rebuilding plan with a target year to rebuild of 2017 and
an SPR harvest rate of 86.4 percent. The OY is reduced by 2.0 mt for
the amount anticipated to be taken during research activity and 0.14
mt for the amount expected to be taken during EFP fishing.
\p\ Shortbelly rockfish remains an unexploited stock and is
difficult to assess quantitatively. To understand the potential
environmental determinants of fluctuations in the recruitment and
abundance of an unexploited rockfish population in the California
Current ecosystem, a non-quantitative assessment was conducted in
2007. The results of the assessment indicated the shortbelly stock
was healthy with an estimated spawning stock biomass at 67 percent
of its unfished biomass in 2005. The ABC and OY are being set at
6,950 mt which is 50 percent of the 2008 ABC and OY values. The
stock is expected to remain at its current equilibrium with these
harvest specifications.
\q\ Widow rockfish was assessed in 2005, and an update was
prepared in 2007. The stock assessment update estimated the stock to
be at 36.2 percent of its unfished biomass in 2006. The ABC of 6,937
mt is based on the stock assessment update with an F50% FMSY proxy.
The OY of 509 mt is based on a rebuilding plan with a target year to
rebuild of 2015 and an SPR harvest rate or 95 percent. To derive the
commercial harvest guideline of 447.4 mt, the OY is reduced by 1.1
mt for the amount anticipated to be taken during research activity,
45.5 mt for the tribal set-aside, 7.2 mt the amount estimated to be
taken in the recreational fisheries, 0.4 mt for the amount expected
to be taken incidentally in non-groundfish fisheries, and 7.4 mt for
EFP fishing activities.
\r\ Canary rockfish--A canary rockfish stock assessment was
completed in 2007 and the stock was estimated to be at 32.7 percent
of its unfished biomass coastwide in 2007. The coastwide ABC of 940
mt is based on a FMSY proxy of F50%. The OY of 105 mt is based on a
rebuilding plan with a target year to rebuild of 2021 and a SPR
harvest rate of 88.7 percent. To derive the commercial harvest
guideline of 42.3 mt, the OY is reduced by 8.0 mt for the amount
anticipated to be taken during research activity, 7.3 mt the tribal
set-aside, 43.8 mt the amount estimated to be taken in the
recreational fisheries, 0.9 mt for the amount expected to be taken
incidentally
[[Page 60941]]
in non-groundfish fisheries, and 2.7 mt for the amount expected to
be taken during EFP fishing. The following harvest guidelines are
being specified for catch sharing in 2009: 19.7 mt for limited entry
Non-Whiting Trawl, 18.0 mt for limited entry Whiting Trawl, 2.2 mt
for limited entry fixed gear, 2.5 mt for directed open access, 4.9
mt for Washington recreational, 16.0 mt for Oregon recreational, and
22.9 mt for California recreational.
\s\ Chilipepper rockfish was assessed in 2007 and the stock was
estimated to be at 71 percent of its unfished biomass coastwide in
2007. The ABC of 2,576 mt is based on the new assessment with an
FMSY proxy of F50%. Because the unfished biomass is estimated to be
above 40 percent of the unfished biomass, the default OY could be
set equal to the ABC. However, the OY of 2,447 mt was the ABC
reduced by 5 percent as a precautionary measure. Open access is
allocated 44.3 percent (1,084 mt) of the commercial HG and limited
entry is allocated 55.7 percent (1,363 mt) of the commercial HG.
\t\ A bocaccio stock assessment and a rebuilding analysis were
prepared in 2007. The bocaccio stock was estimated to be at 13.8
percent of its unfished biomass in 2007. The ABC of 793 mt for the
Monterey-Conception area is based on the new stock assessment with
an FMSY proxy of F50%. The OY of 288 is based on a rebuilding plan
with a target year to rebuild of 2026 and a SPR harvest rate of 77.7
percent. To derive the commercial harvest guideline of 206.4 mt, the
OY is reduced by 2.0 mt for the amount anticipated to be taken
during research activity, 67.3 mt for the amount estimated to be
taken in the recreational fisheries, 1.3 mt for the amount expected
to be taken incidentally in non-groundfish fisheries, and 11.0 mt
for the amount expected to be taken during EFP fishing.
\u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent
precautionary adjustment because of the less rigorous stock
assessment for this stock. In the north (Vancouver, Columbia and
Eureka areas), splitnose is included within the minor slope rockfish
OY. Because the harvest assumptions used to forecast future harvest
were likely overestimates, carrying the previously used ABCs and OYs
forward into 2010 was considered to be conservative and based on the
best available data.
\v\ Yellowtail rockfish--A yellowtail rockfish stock assessment
was prepared in 2005 for the Vancouver, Columbia, Eureka areas.
Yellowtail rockfish was estimated to be above 40 percent of its
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005
stock assessment with the FMSY proxy of F50%. The OY of 4,562 mt was
set equal to the ABC, because the stock is above the precautionary
threshold of B40%.
\w\ Shortspine thornyhead was assessed in 2005 and the stock was
estimated to be at 63 percent of its unfished biomass in 2005. The
ABC of 2,411 mt is based on a F50%FMSYproxy. For that portion of the
stock (66 percent of the biomass) north of Point Conception
(34[deg]27' N. lat.), the OY of 1,591 mt was set at equal to the ABC
because the stock is estimated to be above the precautionary
threshold. For that portion of the stock south of 34[deg]27' N. lat.
(34 percent of the biomass), the OY of 410 mt was the portion of the
ABC for the area reduced by 50 percent as a precautionary adjustment
due to the short duration and amount of survey data for that area.
\x\ Longspine thornyhead was assessed coastwide in 2005 and the
stock was estimated to be at 71 percent of its unfished biomass in
2005. The coastwide ABC of 3,671 mt is based on a F50%FMSYproxy. The
OY is set equal to the ABC because the stock is above the
precautionary threshold. Separate OYs are being established for the
areas north and south of 34[deg]27' N. lat. (Point Conception). The
OY of 2,175 mt for that portion of the stock in the northern area
(79 percent) was the ABC reduced by 25 percent as a precautionary
adjustment. For that portion of the stock in the southern area (21
percent), the OY of 385 mt was the portion of the ABC for the area
reduced by 50 percent as a precautionary adjustment due to the short
duration and amount of survey data for that area.
\y\ Cowcod in the Conception area was assessed in 2007 and the
stock was estimated to be between 3.4 to 16.3 percent of its
unfished biomass. The ABC for the Monterey and Conception areas is
14 mt and is based on the 2007 rebuilding analysis in which the
Conception area stock assessment projection was doubled to account
for both areas. A single OY of 4 mt is being set for both areas. The
OY of 4 mt is based on the need to conform the 2010 cowcod harvest
specifications to the Court's Order in Natural Resources Defense
Council v. Locke, Civil Action No. C 01-0421 JL. The amount
anticipated to be taken during scientific research activity is 0.2
mt and the amount expected to be taken during EFP activity is 0.24
mt.
\z\ Darkblotched rockfish was assessed in 2007 and a rebuilding
analysis was prepared. The new stock assessment estimated the stock
to be at 22.4 percent of its unfished biomass in 2007. The ABC is
projected to be 440 mt and is based on the 2007 stock assessment
with an FMSY proxy of F50%. The OY of 330 mt is based on the need to
conform the 2010 darkblotched rockfish harvest specifications to the
Court's Order in Natural Resources Defense Council v. Locke, Civil
Action No. C 01-0421 JL. The amount anticipated to be taken during
scientific research activity is 2.0 mt and the amount anticipated to
be taken during EFP activity is 0.95 mt.
\aa\ Yelloweye rockfish was fully assessed in 2006 and an
assessment update was completed in 2007. The 2007 stock assessment
update estimated the spawning stock biomass in 2006 to be at 14
percent of its unfished biomass coastwide. The 32 mt coastwide ABC
was derived from the base model in the new stock assessment with an
FMSY proxy of F50%. The 14 mt OY is based on the need to conform the
2010 yelloweye rockfish harvest specifications to the Court's Order
in Natural Resources Defense Council v. Locke, Civil Action No. C
01-0421 JL. The amount anticipated to be taken during scientific
research activity is 1.3 mt, the amount anticipated to be taken in
the tribal fisheries is 2.3 mt, and the amount anticipated to be
taken incidentally in non-groundfish fisheries is 0.3 mt. The catch
sharing harvest guidelines for yelloweye rockfish in 2010 are:
Limited entry non-whiting trawl 0.3 mt, limited entry whiting 0.0
mt, limited entry fixed gear 0.8 mt, directed open access 1.2 mt,
Washington recreational 2.6 mt, Oregon recreational 2.3 mt,
California recreational 2.7 mt, and 0.2 mt for exempted fishing.
\bb\ California Scorpionfish south of 34[deg]27'N. lat. (point
Conception) was assessed in 2005 and was estimated to be above 40
percent of its unfished biomass in 2005. The ABC of 155 mt is based
on the new assessment with a harvest rate proxy of F50%. Because the
stock is above B40% coastwide, the OY is set equal to the ABC.
\cc\ New assessments were prepared for black rockfish south of
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish
north of Cape Falcon. The ABC for the area north of 46[deg]16'N.
lat. (Washington) is 464 mt (97 percent) of the 478 mt ABC
contribution from the northern assessment area. The ABC for the area
south of 46[deg]16'N. lat. (Oregon and California) is 1,317 mt which
is the sum of a contribution of 14 mt (3 percent) from the northern
area assessment, and 1,303 mt from the southern area assessment. The
ABCs were derived using an FMSY proxy of F50%. Because both portions
of the stock are above 40 percent, the OYs could be set equal to the
ABCs. For the area north of 46[deg]16'N. lat., the OY of 490 mt is
set equal to the ABC. The following tribal harvest guidelines are
being set: 30,000 lb (13.6 mt) north of Cape Alava, WA
(48[deg]09.50'N. lat.) and 10,000 lb (4.5 mt) between Destruction
Island, WA (47[deg]40'N. lat.) and Leadbetter Point, WA
(46[deg]38.17'N. lat.) For the area south of 46[deg]16'N. lat., the
OY of 1,000 mt is a constant harvest level. The black rockfish OY in
the area south of 46[deg]16'N. lat., is subdivided with separate HGs
being set for the area north of 42[deg] N. lat. (580 mt/58 percent)
and for the area south of 42[deg] N. lat. (420 mt/42 percent).
\dd\ Minor rockfish north includes the ``remaining rockfish''
and ``other rockfish'' categories in the Vancouver, Columbia, and
Eureka areas combined. These species include ``remaining rockfish'',
which generally includes species that have been assessed by less
rigorous methods than stock assessments, and ``other rockfish'',
which includes species that do not have quantifiable stock
assessments. Blue rockfish has been removed from the ``other
rockfish'' and added to the remaining rockfish. The ABC of 3,678 mt
is the sum of the individual ``remaining rockfish'' ABCs plus the
``other rockfish'' ABCs. The remaining rockfish ABCs continue to be
reduced by 25 percent (F = 0.75M) as a precautionary adjustment. To
obtain the total catch OY of 2,283 mt, the remaining rockfish ABCs
were further reduced by 25 percent and other rockfish ABCs were
reduced by 50 percent. This was a precautionary measure to address
limited stock assessment information.
\ee\ Minor rockfish south includes the ``remaining rockfish''
and ``other rockfish'' categories in the Monterey and Conception
areas combined. These species include ``remaining rockfish'' which
generally
[[Page 60942]]
includes species that have been assessed by less rigorous methods
than stock assessment, and ``other rockfish'' which includes species
that do not have quantifiable stock assessments. Blue rockfish has
been removed from the ``other rockfish'' and added to the remaining
rockfish. The ABC of 3,382 mt is the sum of the individual
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The
remaining rockfish ABCs continue to be reduced by 25 percent (F =
0.75M) as a precautionary adjustment. The remaining rockfish ABCs
are further reduced by 25 percent, with the exception of blackgill
rockfish (see footnote gg). The other rockfish ABCs were reduced by
50 percent. This was a precautionary measure due to limited stock
assessment information. The resulting minor rockfish OY is 1,990 mt.
\ff\ Bank rockfish--The ABC is 350 mt which is based on a 2000
stock assessment for the Monterey and Conception areas. This stock
contributes 263 mt towards the minor rockfish OY in the south.
\gg\ Blackgill rockfish in the Monterey and Conception areas was
assessed in 2005 and is estimated to be at 49.9 percent of its
unfished biomass in 2008. The ABC of 292 mt for the Monterey and
Conception areas is based on the 2005 stock assessment with an FMSY
proxy of F50%and is the two year average ABC for the 2007 and 2008
periods. This stock contributes 292 mt towards minor rockfish south.
\hh\ ``Other rockfish'' includes rockfish species listed in 50
CFR 660.302. A new stock assessment was conducted for blue rockfish
in 2007. As a result of the new stock assessment, the blue rockfish
contribution to the other rockfish group, of 30 mt in the north and
232 mt in the south, are removed. A new contribution of 28 mt
contribution in the north and 202 mt contribution in the south is
added to the remaining rockfish. The ABC for the remaining species
is based on historical data from a 1996 review landings and includes
an estimate of recreational landings. Most of these species have
never been assessed quantitatively.
\ii\ Longnose skate was fully assessed in 2006 and an assessment
update was completed in 2007. The ABC of 3,428 is based on the 2007
with an FMSY proxy of F45%. Longnose skate was previously managed as
part of the Other Fish complex. The 2009 OY of 1,349 mt is a
precautionary OY based on historical total catch increased by 50
percent.
\jj\ ``Other fish'' includes sharks, skates, rays, ratfish,
morids, grenadiers, kelp greenling, and other groundfish species
noted above in footnote d/. The longnose skate contribution is being
removed from this complex.
\kk\ Sablefish allocation north of 36* N. lat.--The limited
entry allocation is further divided with 58 percent allocated to the
trawl fishery and 42 percent allocated to the fixed-gear fishery.
\ll\ Specific open access/limited entry allocations specified in
the FMP have been suspended during the rebuilding period as
necessary to meet the overall rebuilding target while allowing
harvest of healthy stocks.
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 MS 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 or C/P 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 MS Coop Program that is a party to an MS coop agreement, or a
permit owner of a C/P-endorsed permit for the C/P Coop Program that is
legally obligated to the C/P 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 (for an MS
coop) or 660.160 (for a C/P coop), subpart D.
IBQ pounds means the quotas, expressed in round weight of fish,
that are issued annually to each QS permit owner in the Shorebased IFQ
Program based on the amount of IBQ they own and the amount of allowable
bycatch mortality allocated to the Shorebased IFQ Program. IBQ pounds
have the same species/species group and area designations as the IBQ
from which they are issued.
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.
Individual bycatch quota (IBQ) means the amount of bycatch quota
for an individual species/species group and area expressed as a
percentage of the annual allocation of allowable bycatch mortality to
the Shorebased IFQ Program. IBQ is used as the basis for the annual
calculation and allocation of a QS permit owner's IBQ pounds in the
Shorebased IFQ Program. Both IBQ and QS may be listed on a QS permit
and in the associated QS account. Species for which IBQ will be issued
for the Shorebased IFQ Program are listed at Sec. 660.140, 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-Stevens Act. IFQ species for the
Shorebased IFQ Program are listed 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 or MS 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 MS Coop
Program described at Sec. 660.150, subpart D, and includes both the
coop and non-coop fisheries.
[[Page 60943]]
Mutual agreement exception means, for the purpose of Sec. 660.150,
subpart D, an agreement that allows the owner of an MS/CV-endorsed
limited entry permit to withdraw the permit's obligation of its catch
history assignment to a permitted mothership processor, when mutually
agreed to with the mothership processor, and to obligate 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 what 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 shorebased 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 shorebased sector allocation for delivery to a Pacific whiting
shoreside first receiver during the primary season.
Processor obligation means an annual requirement for an 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 each QS permit owner in the
Shorebased IFQ Program based on the amount of QS they own and the
amount of fish allocated to the Shorebased IFQ Program. 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. Both QS and IBQ may be
listed on a QS permit and in the associated QS account. Species for
which QS will be issued for the Shorebased IFQ Program are listed at
Sec. 660.140, subpart D.
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
and IBQ pounds are registered for use by a vessel in the Shorebased IFQ
Program.
Vessel limits means the maximum amount of QP or IBQ pounds a vessel
owner can hold, acquire, and/or use during a calendar year. Vessel
limits specify the maximum amount of QP or IBQ pounds that may be
registered to a single vessel account during the year (QP Vessel Limit)
and, for some species, the maximum amount of unused QP or IBQ pounds
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 a 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
[[Page 60944]]
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 Program. [Reserved]
(c) MS and C/P Coop Programs. [Reserved]
(d) MS Coop Program (coop and non-coop fisheries). [Reserved]
(e) C/P 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 shorebased 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
(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) Shorebased IFQ Program. [Reserved]
(b) MS Coop Program (coop and non-coop fisheries). [Reserved]
(c) C/P 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;
[[Page 60945]]
(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.
(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.
[[Page 60946]]
(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
600 x 800 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.
(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 weigh
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.
(2) [Reserved]
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'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'N. lat., even if yellowtail rockfish is part of the
landings from minor shelf rockfish taken and retained south of
40[deg]10'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'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' N. lat., even if chilipepper rockfish is part of the
landings from minor shelf rockfish taken and retained north of
40[deg]10' N. lat.
(2) DTS complex. Differential trawl trip limits for the ``DTS
complex'' north
[[Page 60947]]
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
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' 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
[[Page 60948]]
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' 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' 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'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' 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' 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' 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.
(E) If a vessel fishes both north and south of 40[deg]10' 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' 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-lb (136 kg) of chilipepper rockfish with small footrope-
gear, it may harvest up to 11,700-lb (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-lb (5,443 kg) for large footrope gear.)
(C) If a vessel fishes both north and south of 40[deg]10' 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' N. lat. POP, yellowtail rockfish;
(3) 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.
(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' N. lat., and bounded
on the south by the latitude line at 32[deg]59.50' 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.
[[Page 60949]]
(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 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 shorebased 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 shorebased 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
[[Page 60950]]
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' 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' N. lat.
(i) Procedures. The primary seasons for the whiting fishery north
of 40[deg]30' 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) Shorebased sector
(1) North of 42[deg] N. lat.--June 15;
(2) Between 42[deg]-40[deg]30' N. lat.--April 1; and
(3) South of 40[deg]30' 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
shorebased 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 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 4.8 mt of canary rockfish, 95 mt of widow
rockfish, and 8.5 mt of darkblotched rockfish; for motherships 3.3 mt
of canary rockfish, 67 mt of widow rockfish, and 6.0 mt of darkblotched
rockfish; and for shorebased 5.9 mt of canary rockfish, 117 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) Shorebased sector. Whiting may not be taken and retained,
possessed, or landed by a catcher vessel participating in the
shorebased 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.
(6) Pacific whiting allocation attainment and inseason allocation
reapportionment. (i) Reaching an allocation. If the whiting harvest
guideline, commercial harvest guideline, or a sector's allocation is
reached, or is projected to be reached, the following action(s) for the
applicable sector(s) may be taken as provided under paragraph
(b)(6)(iv) of this section and will remain in effect until
[[Page 60951]]
additional amounts are made available the next calendar year or under
paragraph (b)(6)(ii) of this section.
(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 coastwide. 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).
(D) Shore-based south of 42[deg] N. lat. If 5 percent of the shore-
based allocation for whiting is taken and retained south of 42[deg] N.
lat. before the primary season for the shore-based sector begins north
of 42[deg] N. lat., then a trip limit specified under Sec. 660.60(c)
may be implemented south of 42[deg] N. lat. until the northern primary
season begins, at which time the southern primary season would resume.
(ii) Reapportionments. That portion of a sector's allocation that
the Regional Administrator determines will not be used by the end of
the fishing year shall be made available for harvest by the other
sectors, if needed, in proportion to their initial allocations, on
September 15 or as soon as practicable thereafter. NMFS may release
whiting again at a later date to ensure full utilization of the
resource. Whiting not needed in the fishery authorized under Sec.
660.50 may also be made available.
(iii) Estimates. Estimates of the amount of whiting harvested will
be based on actual amounts harvested, projections of amounts that will
be harvested, or a combination of the two. Estimates of the amount of
Pacific whiting that will be used by shore-based processors by the end
of the calendar year will be based on the best information available to
the Regional Administrator from state catch and landings data, the
testimony received at Council meetings, and/or other relevant
information.
(iv) Announcements. The Regional Administrator will announce in the
Federal Register when a harvest guideline, commercial harvest
guideline, or an allocation of whiting is reached, or is projected to
be reached, specifying the appropriate action being taken under
paragraph (b)(6)(i) of this section. The Regional Administrator will
announce in the Federal Register any reapportionment of surplus whiting
to others sectors on September 15, or as soon as practicable
thereafter. In order to prevent exceeding the limits or to avoid
underutilizing the resource, prohibitions against further taking and
retaining, receiving, or at-sea processing of whiting, or
reapportionment of surplus whiting 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, in which instance public comment
will be sought for a reasonable period of time thereafter.
(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 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
[[Page 60952]]
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.]
(ii) [Reserved]
(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
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
[[Page 60953]]
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 Shorebased 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, IBQ for Pacific halibut, 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 Program
may be restricted or closed as a result of projected overages within
the Shorebased IFQ Program, the MS 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, 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) 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 and IBQ will be
issued. QS and IBQ 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) north of 40[deg]10'.
------------------------------------------------------------------------
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 or IBQ registered to the
account and the amount of fish or bycatch mortality allocated to the
Shorebased IFQ Program.
(d) QS permits and QS accounts--(1) General. In order to obtain QS
or IBQ, a person must apply for a QS permit. NMFS will determine if the
applicant is eligible to acquire QS or IBQ 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 or IBQ and establish a QS account. QP or IBQ pounds will be
issued annually at the start of the calendar year to a QS account based
on the percent of QS or IBQ registered to the account and the amount of
fish or bycatch mortality allocated to the Shorebased IFQ Program. QP
or IBQ pounds will be issued to the nearest whole pound using standard
rounding rules (i.e. decimal amounts from zero up to 0.5 round down and
0.5 up to 1.0 round up), except that issuance 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 Shorebased IFQ Program. QS or IBQ
owners must transfer their QP or IBQ pounds from their QS account to a
vessel account in order for those QP or IBQ pounds to be fished. QP or
IBQ pounds must be transferred in whole pounds (i.e. no fraction of a
QP or IBQ pound can be transferred). All QP or IBQ pounds 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 and
IBQ 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, or have a controlling influence over, by
[[Page 60954]]
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 nonwhiting QS holdings. To
determine how much aggregate nonwhiting 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 nonwhiting
species will be summed and divided by the shoreside trawl allocation of
all nonwhiting species to calculate the person's share of the aggregate
nonwhiting trawl quota. To determine the shoreside trawl allocation for
the purpose of determining compliance with the aggregate nonwhiting
control limit, for species that have specific trawl allocation
percentages in Amendment 21, NMFS will apply the Amendment 21 trawl
allocation percentages to (set forth at Sec. 660.55) the 2010 OYs, and
where applicable, will deduct the preliminary set-asides for the at-sea
sectors from Amendment 21. For species that do not have specific trawl
allocation percentages in Amendment 21, NMFS will apply a percentage
based on the Northwest Fishery Science Center final report on 2010
estimated total fishing mortality of groundfish by sector, or, if the
final report for 2010 is not available, based on the most recent report
available.
(C) The Shorebased IFQ Program accumulation limits are as follows:
------------------------------------------------------------------------
QS control limit
Species category (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
Pacific Halibut (IBQ) N. of 40[deg]10'............... 5.4
------------------------------------------------------------------------
(ii) Ownership--individual and collective rule. The QS or IBQ that
counts toward a person's accumulation limit will include:
(A) The QS or IBQ owned by that person, and
(B) That portion of the QS or IBQ owned by an entity in which that
person has an economic or financial interest, where the person's share
of interest in that entity will determine the portion of that entity's
QS or IBQ 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 or IBQ 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 or IBQ
are registered;
(C) The person has the right to direct, or does direct, and/or the
right to prevent or delay, or does prevent or delay, the transfer of QS
or IBQ, or the resulting QP or IBQ pounds;
(D) The person, through loan covenants or any other means, has the
right to restrict, or does restrict, and/or has a controlling influence
over the day to day business activities or management policies of the
entity to which the QS or IBQ are registered;
(E) The person, excluding banks and other financial institutions
that rely on QS or IBQ as collateral for loans, through loan covenants
or any other means, has the right to restrict, or does restrict, any
activity related to QS or IBQ or QP or IBQ pounds, including,
[[Page 60955]]
but not limited to, use of QS or IBQ, or the resulting QP or IBQ
pounds, or disposition of fish harvested under the resulting QP or IBQ
pounds;
(F) The person, excluding banks and other financial institutions
that rely on QS or IBQ as collateral for loans, 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 IBQ, or the resulting QP or
IBQ pounds, are registered;
(G) The person, excluding banks and other financial institutions
that rely on QS or IBQ as collateral for loans, has the right to cause
or prevent, or does cause or prevent, the sale, lease or other
disposition of QS or IBQ, or the resulting QP or IBQ pounds; and
(H) The person has the ability through any means whatsoever to
control or have a controlling influence over the entity to which QS or
IBQ 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 persons that have an ownership interest in the
limited entry trawl or QS permit greater than or equal to 2 percent.
This ownership interest must be documented with SFD via the Trawl
Identification of Ownership Interest Form. 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 or IBQ control limit table from paragraph (d)(4)(i)
of this section. NMFS may request additional information of the
applicant as necessary to verify compliance with accumulation limits.
(v) Divestiture. Accumulation limits will be calculated by first
calculating the aggregate nonwhiting QS limit and then the individual
species QS or IBQ control limits. For QS permit owners (including any
person who has ownership interest in the owner named on the permit)
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 completely divest of QS or IBQ in excess of the
accumulation limits. QS or IBQ 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 if transferred earlier,
not registered with NMFS by November 30, 2008, will only be eligible to
receive an initial allocation for that permit of those QS or IBQ that
are within the accumulation limits; any QS or IBQ in excess of the
accumulation limits will be redistributed to the remainder of the
initial recipients of QS or IBQ in proportion to each recipient's
initial allocation of QS or IBQ for each species. Any person that
qualifies for an initial allocation of QS or IBQ in excess of the
accumulation limits will be allowed to receive that allocation, but
must divest themselves of the excess QS or IBQ during years three and
four of the IFQ program. Holders of QS or IBQ in excess of the control
limits may receive and use the QP or IBQ pounds associated with that
excess, up to the time their divestiture is completed. At the end of
year 4 of the IFQ program, any QS or IBQ held by a person (including
any person who has ownership interest in the owner named on the permit)
in excess of the accumulation limits will be revoked and redistributed
to the remainder of the of the QS or IBQ owners in proportion to the QS
or IBQ 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/IBQ--(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/IBQ:
(A) Nonwhiting 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, or, in the case of shoreside processors, the annual sum of
the shoreside processor's whiting receipts divided by the aggregate
annual sum of whiting received by all shoreside processors in that
year. Relative history is expressed as a percent.
(D) Shoreside processor means an operation, working 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. 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 in to 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/IBQ. Only the
following persons are eligible to receive a QS permit or QS/IBQ:
(A) The owner of a valid trawl limited entry permit is eligible to
receive a QS permit and its associated QS or IBQ 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 or IBQ.
(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 relevant PacFIN dataset
on July 1, 2010, subject to correction as described in paragraph
(d)(8)(iv)(G) of this section.
(iii) Steps for QS and IBQ allocation formulas. The QS and IBQ
allocation
[[Page 60956]]
formulas are 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.
(G) Seventh, for limited entry trawl permits transferred after
November 8, 2008, or if transferred earlier, not registered with NMFS
by November 30, 2008, for which NMFS determines the owners of such
permits would exceed the accumulation limits specified at paragraph
(d)(4) of this section based on the previous steps, NMFS will
redistribute the excess QS or IBQ to other qualified QS permit owners
within the accumulation limits.
(iv) Allocation formula for specific QS and IBQ 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 and IBQ:
(1) For limited entry trawl permit owners, a permit will be
assigned catch history or relative history based on the landing history
of the vessel(s) associated with the permit at the time the landings
were made.
(2) The relevant PacFIN dataset includes species compositions based
on port sampled data and applied to data at the vessel level.
(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 or IBQ 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
and IBQ 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 or IBQ.
(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 such limited entry trawl-endorsed
permits during the time they were simultaneously registered to the
vessel.
(8) Unless otherwise noted, the calculation for QS or IBQ
allocation under paragraph (d)(8) of this section will be based on
state landing receipts (fish tickets) as recorded in the relevant
PacFIN dataset 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 or IBQ, 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 initial issuance 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. lat........... 98.2%.................................. 1.8%
Sablefish S. of 36[deg] N. lat........... 100.0%................................. 0.0%
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' N. lat...... 100.0%................................. 0.0%
Splitnose S. of 40[deg]10' N. lat........ 100.0%................................. 0.0%
Yellowtail N. of 40[deg]10' N. lat....... remaining.............................. 300 mt.
Shortspine N. of 34[deg]27' N. lat....... 99.9%.................................. 0.1%
Shortspine S. of 34[deg]27' N. lat....... 100.0%................................. 0.0%
Longspine N. of 34[deg]27' N. lat........ 100.0%................................. 0.0%
DARKBLOTCHED............................. remaining.............................. 9% or 25 mt, whichever is
greater, to shorebased + at-
sea whiting.
Minor Slope Rockfish N. of 40[deg]10' N. 98.6%.................................. 1.4%
lat.
Dover Sole............................... 100.0%................................. 0.0%
English Sole............................. 99.9%.................................. 0.1%
[[Page 60957]]
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 nonwhiting 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 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 percent 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.
Paragraphs (d)(8)(iv)(B)(3)(iii) to (vi) of this section estimate the
permit's total 2003-2006 target species by area. Paragraphs
(d)(8)(iv)(B)(3)(vii) to (xii) of this section 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.
Paragraphs (d)(8)(iv)(B)(3)(xiv) to (xvii) of this section convert
these amounts into QS. As with Group 1 species, preliminary QS totaling
100 percent 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. 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.
[[Page 60958]]
(v) For each limited entry trawl permit, NMFS will divide logbook
aggregate target species catch in each area (paragraph
(d)(8)(iv)(B)(3)(iii) of this section) by the permit's total coastwide
target species catch (paragraph (d)(8)(iv)(B)(3)(iv) of this section)
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 paragraph (d)(8)(iv)(B)(3)(iii) of this section, (b) NMFS
will sum coastwide all limited entry trawl permits' total logbook
target catches across all areas from paragraph (d)(8)(iv)(B)(3)(iv) of
this section, 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 initial issuance allocation percentage 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 initial issuance allocation amounts for each of
the 11 target species from paragraph (d)(8)(iv)(B)(3)(vii) of this
section by each permit's target species QS allocation percentage from
paragraph (d)(8)(iv)(B)(3)(viii) of this section.
(x) For each limited entry trawl permit, NMFS will sum the
projected quota pounds for the 11 target species from paragraph
(d)(8)(iv)(B)(3)(ix) of this section 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 each area as calculated in either
paragraph (d)(8)(iv)(B)(3)(v) of this section (permits with logbook
data) or paragraph (d)(8)(iv)(B)(3)(vi) of this section (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:
------------------------------------------------------------------------
Area Shoreward Seaward
------------------------------------------------------------------------
Bocaccio
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... .................. ..................
43[deg]55' N. lat. to 47[deg]40' .................. ..................
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' .................. ..................
N. lat.........................
S. of 40[deg]10' N. lat......... 0.019013759 0.001794203
------------------------------------------------------------------------
Cowcod
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... .................. ..................
43[deg]55' N. lat. to 47[deg]40' .................. ..................
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' .................. ..................
N. lat.........................
S. of 40[deg]10' N. lat......... 0.001285088 0.000050510
------------------------------------------------------------------------
Darkblotched
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... 0.001560461 0.009950330
43[deg]55' N. lat. to 47[deg]40' 0.002238054 0.018835786
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' 0.002184788 0.015025697
N. lat.........................
S. of 40[deg]10' N. lat......... 0.000006951 0.004783988
------------------------------------------------------------------------
Pacific ocean perch
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... 0.001069954 0.019848047
43[deg]55' N. lat. to 47[deg]40' 0.000110802 0.015831815
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' 0.000148715 0.001367645
N. lat.........................
S. of 40[deg]10' N. lat......... .................. ..................
------------------------------------------------------------------------
Widow
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... 0.000132332 0.000065291
43[deg]55' N. lat. to 47[deg]40' 0.000387346 0.000755163
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' 0.000175128 0.000008118
N. lat.........................
S. of 40[deg]10' N. lat......... 0.001049485 0.000676828
------------------------------------------------------------------------
Yelloweye
------------------------------------------------------------------------
N. of 47[deg]40' N. lat......... 0.000334697 0.000006363
43[deg]55' N. lat. to 47[deg]40' 0.000083951 0.000010980
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' 0.000128942 0.000006300
N. lat.........................
S. of 40[deg]10' N. lat......... 0.000094029 ..................
------------------------------------------------------------------------
[[Page 60959]]
(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 paragraph (d)(8)(iv)(B)(3)(xi) of this section by the
applicable average bycatch ratio for each Group 2 species and
corresponding area of paragraph (d)(8)(iv)(B)(3)(xii) of this section.
(xiv) For each limited entry trawl permit, NMFS will sum all area
amounts for each Group 2 species from paragraph (d)(8)(iv)(B)(3)(xiii)
of this section 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 paragraph (d)(8)(iv)(B)(3)(xiv) of this section
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
paragraph (d)(8)(iv)(B)(3)(xiv) of this section by the coastwide total
projected amount for that species from paragraph (d)(8)(iv)(B)(3)(xv)
of this section.
(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' N. lat......... 0.008041898 0.000030522
43[deg]55' N. lat. to 47[deg]40' 0.003081830 0.000142136
N. lat.........................
40[deg]10' N. lat. to 43[deg]55' 0.008716148 0.000021431
N. lat.........................
S. of 40[deg]10' N. lat......... 0.001581194 0.000009132
------------------------------------------------------------------------
(ii) Through these two processes, preliminary QS totaling 100
percent 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 percent 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 initial issuance allocation percentage between
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) Nonwhiting 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 initial issuance
[[Page 60960]]
allocation percentage 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 initial issuance allocation percentage
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, 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 percent 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 relevant PacFIN dataset 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' 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. Paragraphs (d)(8)(iv)(H)(3) to (6) of this section
estimate the permit's total 2003-2006 target species by area.
Paragraphs (d)(8)(iv)(H)(7) to (13) of this section 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. Paragraphs (d)(8)(iv)(H)(14) to (16) of this
section 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' N. lat., and (b)
between 40[deg]10' N. lat. and 47[deg]30' 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 (paragraph (d)(8)(iv)(H)(3)
of this section) by the sum of the permit's catch of each target
species in all four bycatch areas (paragraph (d)(8)(iv)(H)(4) of this
section) 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 paragraph (d)(8)(iv)(H)(3) of this section, and sum
all limited entry trawl permits' total logbook target catches across
all four areas from paragraph (d)(8)(iv)(H)(4) of this section; and
divide these sums to create average permit logbook area target catch
ratios.
(7) NMFS will calculate the 2011 non-whiting initial issuance
allocation amount for each of the two target species by multiplying the
limited entry trawl allocation amounts for 2011 for each by the
corresponding initial issuance allocation percentage 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 paragraph (d)(8)(iv)(H)(8) of this section.
(10) For each limited entry trawl permit, NMFS will sum the
projected quota pounds for the two target species from paragraph
(d)(8)(iv)(H)(9) of this section 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
[[Page 60961]]
projected 2011 total weight of the two target species by the applicable
area catch ratio for each area as calculated in either paragraph
(d)(8)(iv)(H)(5) of this section (permits with logbook data) or
paragraph (d)(8)(iv)(H)(6) of this section (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' N. lat......... 0.225737162 0.084214162
40[deg]10' N. lat. to 47[deg]30' 0.086250913 0.033887839
N. lat.........................
------------------------------------------------------------------------
(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 paragraph (d)(8)(iv)(H)(11) of this section by the
average bycatch ratio for the corresponding area of paragraph
(d)(8)(iv)(H)(12) of this section.
(14) For each limited entry trawl permit, NMFS will sum all area
amounts from paragraph (d)(8)(iv)(H)(13) of this section 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 paragraph (d)(8)(iv)(H)(14) of this
section 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 paragraph
(d)(8)(iv)(H)(14) of this section by the aggregate total amounts of
Pacific halibut from paragraph (d)(8)(iv)(H)(15) of this section.
(I) Redistribution of QS and IBQ. For each limited entry trawl
permit transferred after November 8, 2008, or if transferred earlier,
not registered with NMFS by November 30, 2008, for which NMFS
determines that the owner of such permit would exceed the accumulation
limits specified at paragraph (d)(4)(i) of this section based on
calculation of the preceding allocation formulas for all limited entry
trawl permits owned by such owner using the individual and collective
rule described at Sec. 660.140(d)(4)(ii), NMFS will redistribute the
excess QS or IBQ to other qualified QS permit owners within the
accumulation limits.
(v) QS application. Persons may apply for an initial issuance of QS
and IBQ 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. The completed application must be either
postmarked or hand-delivered within normal business hours no later than
November 1, 2010. If an applicant fails to submit a completed
application by the deadline date, they forgo the opportunity to receive
consideration for initial issuance of QS and IBQ and a QS permit.
(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 and IBQ. 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 or IBQ. 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 and IBQ 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
relevant PacFIN dataset 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 IBQ and
does not receive a prequalified application, must complete an
application package and submit the completed application to NMFS by the
application deadline. 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 and IBQ.
(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 November 1, 2010. Requests for
corrections may only be granted for the following reasons:
(A) Errors in NMFS' use or application of data, including:
(1) Errors in NMFS' use or application of landings data from
PacFIN;
(2) Errors in NMFS' use or application of state logbook data from
PacFIN;
(3) Errors in NMFS' application of the QS or IBQ 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 ownership information for the first
receiver or the processor that first processed the fish; and
(6) Errors in NMFS' use or application of ownership interest
information.
(B) Reassignment of Pacific whiting landings history for shoreside
[[Page 60962]]
processors. For shoreside processors, the landing history may be
reassigned from the Pacific whiting shoreside first receive identified
in the relevant 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 and IBQ.
(3) The applicant must indicate they accept NMFS' calculation of
initial issuance of QS and IBQ provided in the prequalified
application, or provide credible information that demonstrates their
qualification for QS and IBQ.
(4) The applicant is required to provide a complete Trawl
Identification 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 issuance of QS or IBQ.
(B) Application deadline. A complete, certified application must be
either postmarked or hand-delivered within normal business hours to
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way,
NE., Seattle, WA 98115, no later than November 1, 2010. 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 either November 1, 2010 or the date upon
which the application is received by NMFS, whichever occurs first,
until a final decision is made by the Regional Administrator on behalf
of the Secretary of Commerce regarding the QS and IBQ 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 and IBQ, the applicant will receive a QS permit
specifying the amounts of QS and IBQ 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. As part of the IAD, NMFS will indicate whether the
QS permit owner qualifies for QS or IBQ 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 or IBQ 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/IBQ issued under this section,
the appeals process and timelines are specified at Sec. 660.25(g),
subpart C. For the initial issuance of QS/IBQ 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 whiting 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 relevant PacFIN dataset 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 effective
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
[[Page 60963]]
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 Coop 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 Coop 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]
(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) 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 an MS permit.
(ii) 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 towards a person's accumulation limit will include:
(A) Any MS permit owned by that person, and
(B) That portion of any MS permit owned by an entity in which that
person has an economic or financial 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 persons that
have an ownership interest in the MS permit greater than or equal to 2
percent. This ownership interest must be documented with SFD via the
Trawl Identification of Ownership Interest Form. SFD will not issue an
MS Permit unless the Trawl Identification of Ownership Interest Form
has been completed. NMFS may request additional information of the
applicant as necessary to verify compliance with accumulation limits.
(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. The completed application must be either postmarked or hand-
delivered within normal business hours no later than November 1, 2010.
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.
(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 or bareboat charterer of vessels
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
[[Page 60964]]
receive a prequalified application must complete an application package
and submit the completed application to NMFS by the application
deadline. 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.
(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 November 1, 2010.
Requests for corrections may only be granted for errors in NMFS' use or
application of data, including:
(A) Errors in NMFS' use or application 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 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
either postmarked or hand-delivered within normal business hours to
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way,
NE., Seattle, WA 98115, no later than November 1, 2010. 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. 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
relevant NORPAC dataset on August 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 the coop. Within the MS Coop Program, an MS/CV-
endorsed permit may participate in a 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
zero up to 0.5 round down and 0.5 up to 1.0 round up).
(ii) Pacific whiting mothership sector allocation. The catch
history assignment allocation accrues to the coop to which the MS/CV-
endorsed 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 vessels registered to MS/CV-
endorsed permits. 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 on any MS/CV-endorsed permit owned
by that person, and
(2) That portion of the catch history assignment on any MS/CV-
endorsed
[[Page 60965]]
permit owned by an entity in which that person has an economic or
financial 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 persons that have an ownership
interest in the permit greater than or equal to 2 percent. This
ownership interest must be documented with the SFD via the Trawl
Identification of Ownership Interest Form. SFD will not issue an MS/CV
endorsement unless the Trawl Identification of Ownership Interest Form
has been completed. NMFS may request additional information of the
applicant as necessary to verify compliance with accumulation limits.
Further, if SFD discovers through review of the Trawl Identification of
Ownership Interest Form that a person owns more than the accumulation
limits, the person will be subject to divestiture provisions specified
in paragraph (g)(3)(i)(D) of this section.
(D) Divestiture. For MS/CV-endorsed permit owners that are found to
exceed the accumulation limits during the initial issuance of MS/CV-
endorsed permits, an adjustment period will be provided after which
they will have to completely divest of ownership in permits that exceed
the accumulation limits. Any person that NMFS determines, as a result
of the initial issuance of MS/CV-endorsed permits, to own in excess of
20 percent of the total catch history assignment in the MS Coop Program
applying the individual and collective rule described at Sec.
660.150(g)(3)(i)(A) will be allowed to receive such permit(s), but must
divest themselves of the excess ownership during years one and two of
the MS Coop Program. Owners of such permit(s) may receive and use the
MS/CV-endorsed permit(s), up to the time their divestiture is
completed. At the end of year two of the MS Coop Program, any MS/CV-
endorsed permits owned by a person (including any person who has
ownership interest in the owner named on the permit) in excess of the
accumulation limits will not be issued (renewed) until the permit owner
complies with the accumulation limits.
(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 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 relevant NORPAC dataset on August 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 such limited entry trawl-
endorsed permits during the time they were simultaneously registered to
the vessel.
(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 relevant NORPAC dataset on August 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 such limited entry trawl-endorsed permits
during the time they were simultaneously registered to the vessel.
(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.
[[Page 60966]]
(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. The
completed application must be either postmarked or hand-delivered
within normal business hours no later than November 1, 2010. 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 an MS/CV endorsement and associated catch history
assignment.
(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. 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.
(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 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 November 1, 2010.
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' use or application of data, including:
(A) Errors in NMFS' use or application of data from NORPAC;
(B) Errors in NMFS' calculations;
(C) Errors in the identification of the permit owner, permit
combinations, or vessel registration as listed in the NMFS permit
database; and
(D) Errors in NMFS' use or application of ownership interest
information.
(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
either postmarked or hand-delivered within normal business hours to
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way
NE., Seattle, WA 98115, no later than November 1, 2010. 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 either November 1, 2010 or the date upon
which the application is received by NMFS, whichever occurs first,
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. 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 relevant NORPAC dataset on
August 1, 2010.
(h) Non-coop fishery. [Reserved]
(i) Retention requirements. [Reserved]
(j) Observer requirements. [Reserved]
[[Page 60967]]
(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.
(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 relevant NORPAC
dataset on August 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.
(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. The completed application must be either
postmarked or hand-delivered within normal business hours no later than
November 1, 2010. 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.
(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
[[Page 60968]]
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. 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.
(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 November 1, 2010.
Requests for corrections may only be granted for errors in NMFS' use or
application of data, including:
(A) Errors in NMFS' use or application 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.
(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
either postmarked or hand-delivered within normal business hours to
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way
NE., Seattle, WA 98115, no later than November 1, 2010. 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 either November 1, 2010 or the date upon
which the application is received by NMFS, whichever occurs first,
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. 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 relevant NORPAC dataset on August 1, 2010.
(e) Retention requirements. [Reserved]
(f) Observer requirements. [Reserved]
(g) [Reserved]
(h) Catch weighting requirements. [Reserved]
[[Page 60969]]
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BILLING CODE 3510-22-C
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), 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).
[[Page 60975]]
(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]
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.
[[Page 60976]]
(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' 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.
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.
(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
[[Page 60977]]
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 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
[[Page 60978]]
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
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
[[Page 60979]]
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.). No halibut retention is allowed during the
primary sablefish fishery in 2010.
(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 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
[[Page 60980]]
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]
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BILLING CODE 3510-22-C
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
[[Page 60985]]
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 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.
[[Page 60986]]
(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
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 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. 660.330(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.
(5) ``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 paragraph (b) of this section 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 the cumulative limits and closed areas
(except the pink shrimp fishery
[[Page 60987]]
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 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
[[Page 60988]]
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
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' N. lat., and bounded on the
south by the latitude line at 32[deg]59.50' 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 in season 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
[[Page 60989]]
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 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' 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-m (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.
(ii) [Reserved]
(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
[[Page 60990]]
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 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.
[[Page 60991]]
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[GRAPHIC] [TIFF OMITTED] TR01OC10.021
[[Page 60993]]
[GRAPHIC] [TIFF OMITTED] TR01OC10.022
[[Page 60994]]
[GRAPHIC] [TIFF OMITTED] TR01OC10.023
BILLING CODE 3510-22-C
[[Page 60995]]
0
5. Redesignate Sec. Sec. 660.390 through 660.399, subpart G as
Sec. Sec. 660.70 through 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
------------------------------------------------------------------------
0
6. In part 660, subpart K, redesignate Table 2 to part 660 as Table 3
to part 660, in subpart C.
0
7. Remove Tables 1a through 2c and Tables 3 (North) through 5 (South)
to part 660, subpart G.
0
8. Remove Figure 1 to subpart G of part 660.
0
9. 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 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.]
[[Page 60996]]
(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), 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
[[Page 60997]]
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).
(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.
[[Page 60998]]
(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 (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).
[[Page 60999]]
(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.
(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. 2010-23246 Filed 9-23-10; 4:15 pm]
BILLING CODE 3510-22-P