[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR679.2] [Page 559-576] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart A--General Sec. 679.2 Definitions. In addition to the definitions in the Magnuson-Stevens Act and in part 600 of this chapter, the terms used in this part have the following meanings: Active/inactive periods (see Sec. 679.5(a)(7)(i)). Adequate evidence, for purposes of subpart E of this part, means information sufficient to support the reasonable belief that a particular act or omission has occurred. ADF&G means the State of Alaska Department of Fish and Game. ADF&G fish ticket number means a nine-digit number designated by one alphabet letter (i.e., G = groundfish), two numbers that identify the year (i.e., 98), followed by six numbers. Affiliates, for purposes of subpart E of this part, means business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or a third party controls or has the power to control both. Indicators of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the decertification, suspension, or proposed decertification of an observer contractor that has the same or similar management, ownership, or principal employees as the observer contractor that was decertified, suspended, or proposed for decertification. [[Page 560]] Agent (1) For purposes of permits issued under Sec. 679.4, means a person appointed and residing within the United States who may apply for permits and may otherwise act on behalf of the owner, operator, or manager of a catcher vessel, catcher/processor, mothership, shoreside processor, stationary floating processor, buying station, support vessel, or on behalf of the IFQ permit holders, IFQ registered buyers, or CDQ halibut permit holders. (2) For purposes of groundfish product distribution under Sec. 679.5(g), means a buyer, distributor, or shipper but not a buying station, who may receive and distribute groundfish on behalf of the owner, operator, and manager of a catcher/processor, mothership, shoreside processor, or stationary floating processor. (3) For purposes of IFQ recordkeeping and reporting under Sec. 679.5(l), means a person who on behalf of the Registered Buyer may submit IFQ reports. Alaska local time (A.l.t.) means the current Alaska time, either daylight savings time or standard time. Alaska State waters means waters adjacent to the State of Alaska and shoreward of the EEZ off Alaska. Aleutian Islands Subarea (AI) of the BSAI means that portion of the EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 to this part). American Fisheries Act (AFA) means Title II--Fisheries Subtitles I and II, as cited within the Omnibus Appropriations Bill FY99 (Pub. L. 105-277). Ancillary product (see Table 1 to this part). Area endorsement means (for purposes of groundfish LLP) a designation on a license that authorizes a license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the designated area, subarea, or district. Area endorsements, which are inclusive of, but not necessarily the same as, management areas, subareas, or districts defined in this part, are as follows: (1) Aleutian Islands area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Aleutian Islands Subarea; (2) Bering Sea area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Bering Sea Subarea; (3) Central Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Central GOA regulatory area and the West Yakutat District; (4) Southeast Outside area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Southeast Outside District; and (5) Western Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Western GOA regulatory area. Area/species endorsement means (for purposes of LLP) a designation on a license that authorizes a license holder to deploy a vessel to conduct directed fishing for the designated crab species in Federal waters in the designated area (see Figures 16 and 17 to this part). Area/species endorsements for crab species licenses are as follows: (1) Aleutian Islands brown king in waters with an eastern boundary the longitude of Scotch Cap Light (164 deg. 44[min] W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54 deg. 36[min] N. lat.) westward to 171 deg. W. long., then north to 55 deg. 30[min] N. lat., then west to the U.S.-Russian Convention line of 1867. (2) Aleutian Islands red king in waters with an eastern boundary the longitude of Scotch Cap Light (164 deg. 44[min] W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54 deg. 36[min] N. lat.) westward to 171 deg. W. long., then north to 55 deg. 30[min] N. lat., and then west to the U.S.-Russian Convention line of 1867. (3) Bristol Bay red king in waters with a northern boundary of 58 deg. 39[min] N. lat., a southern boundary of 54 deg. 36[min] N. lat., and a western boundary of 168 deg. W. long. and including all waters of Bristol Bay. (4) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi in Pacific Ocean and Bering Sea waters east of the U.S.-Russian Convention Line of [[Page 561]] 1867, excluding all Pacific Ocean waters east of a boundary line extending south (180 deg.) from Scotch Cap Light. (5) Norton Sound red king and Norton Sound blue king in waters with a western boundary of 168 deg. W. long., a southern boundary of 61 deg. 49[min] N. lat., and a northern boundary of 65 deg. 36[min] N. lat. (6) Pribilof red king and Pribilof blue king in waters with a northern boundary of 58 deg. 39[min] N. lat., an eastern boundary of 168 deg. W. long., a southern boundary line from 54 deg. 36[min] N. lat., 168 deg. W. long., to 54 deg. 36[min] N. lat., 171 deg. W. long., to 55 deg. 30[min] N. lat., 171 deg. W. long., to 55 deg. 30[min] N. lat., 173 deg. 30[min] E. lat., and then westward to the U.S.-Russian Convention line of 1867. (7) St. Matthew blue king in waters with a northern boundary of 61 deg. 49[min] N. lat., a southern boundary of 58 deg. 39[min] N. lat., and a western boundary of the U.S.-Russian Convention line of 1867. Associated processor means, a federally permitted mothership, shoreside processor, or stationary floating processor that has a contractual relationship with a buying station to conduct groundfish buying station activities for that processor. Authorized distributor means a tax-exempt organization authorized by NMFS to coordinate the processing, storage, transportation, and distribution of salmon taken as incidental catch in the groundfish trawl fisheries to tax-exempt hunger relief agencies, food bank networks, and food bank distributors. Authorized fishing gear (see also Sec. 679.24 for gear limitations and Table 15 to this part for gear codes) means trawl gear, fixed gear, longline gear, pot gear, and nontrawl gear as follows: (1) 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. (2) Fixed gear means: (i) For sablefish harvested from any GOA reporting area, all longline gear and, for purposes of determining initial IFQ allocation, all pot gear used to make a legal landing. (ii) For sablefish harvested from any BSAI reporting area, all hook- and-line gear and all pot gear. (iii) For halibut harvested from any IFQ regulatory area, all fishing gear comprised of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached. (3) Hand troll gear means one or more lines, with lures or hooks attached, drawn through the water behind a moving vessel, and retrieved by hand or hand-cranked reels or gurdies and not by any electrically, hydraulically, or mechanically powered device or attachment. (4) Handline gear means a hand-held line, with one or more hooks attached, that may only be operated manually. (5) Hook-and-line gear means a stationary, buoyed, and anchored line with hooks attached, or the taking of fish by means of such a device. (6) Jig gear means a single, non-buoyed, non-anchored line with hooks attached, or the taking of fish by means of such a device. (7) Longline gear means hook-and-line, jig, troll, and handline or the taking of fish by means of such a device. (8) Longline pot means a stationary, buoyed, and anchored line with two or more pots attached, or the taking of fish by means of such a device. (9) Nonpelagic trawl means a trawl other than a pelagic trawl. (10) Nontrawl gear means pot and longline gear. (11) Pelagic trawl gear means a trawl that: (i) Has no discs, bobbins, or rollers; (ii) Has no chafe protection gear attached to the footrope or fishing line; (iii) Except for the small mesh allowed under paragraph (10)(ix) of this definition: (A) Has no mesh tied to the fishing line, headrope, and breast lines with less than 20 inches (50.8 cm) between knots and has no stretched mesh size of less than 60 inches (152.4 cm) aft from all points on the fishing line, headrope, and breast lines and extending passed the fishing circle for a distance equal to or greater than one half the vessel's LOA; or (B) Has no parallel lines spaced closer than 64 inches (162.6 cm) from all [[Page 562]] points on the fishing line, headrope, and breast lines and extending aft to a section of mesh, with no stretched mesh size of less than 60 inches (152.4 cm) extending aft for a distance equal to or greater than one- half the vessel's LOA; (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft of the mesh described in paragraph (10)(iii) of this definition for a distance equal to or greater than one-half the vessel's LOA; (v) Contains no configuration intended to reduce the stretched mesh sizes described in paragraphs (10)(iii) and (iv) of this definition; (vi) Has no flotation other than floats capable of providing up to 200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder device; (vii) Has no more than one fishing line and one footrope for a total of no more than two weighted lines on the bottom of the trawl between the wing tip and the fishing circle; (viii) Has no metallic component except for connectors (e.g., hammerlocks or swivels) or a net-sounder device aft of the fishing circle and forward of any mesh greater than 5.5 inches (14.0 cm) stretched measure; (ix) May have small mesh within 32 ft (9.8 m) of the center of the headrope as needed for attaching instrumentation (e.g., net-sounder device); and (x) May have weights on the wing tips. (12) Pot gear means a portable structure designed and constructed to capture and retain fish alive in the water. This gear type includes longline pot and pot-and-line gear. Each groundfish pot must comply with the following: (i) Biodegradable panel. Each pot used to fish for groundfish must be equipped with a biodegradable panel at least 18 inches (45.72 cm) in length that is parallel to, and within 6 inches (15.24 cm) of, the bottom of the pot, and that is sewn up with untreated cotton thread of no larger size than No. 30. (ii) Tunnel opening. Each pot used to fish for groundfish must be equipped with rigid tunnel openings that are no wider than 9 inches (22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel openings with dimensions that are no wider than 9 inches (22.86 cm). (13) Pot-and-line gear means a stationary, buoyed line with a single pot attached, or the taking of fish by means of such a device. (14) Power troll gear means one or more lines, with hooks or lures attached, drawn through the water behind a moving vessel, and originating from a power gurdy or power-driven spool fastened to the vessel, the extension or retraction of which is directly to the gurdy or spool. (15) Trawl gear means a cone or funnel-shaped net that is towed through the water by one or more vessels. For purposes of this part, this definition includes, but is not limited to, beam trawls (trawl with a fixed net opening utilizing a wood or metal beam), otter trawls (trawl with a net opening controlled by devices commonly called otter doors), and pair trawls (trawl dragged between two vessels) and is further described as pelagic or nonpelagic trawl. (16) Troll gear means one or more lines with hooks or lures attached drawn through the water behind a moving vessel. This gear type includes hand troll and power troll gear and dinglebar gear. Authorized officer means, for purposes of recordkeeping and reporting, a NOAA special agent, a NOAA fishery enforcement officer, or USCG fisheries enforcement personnel. Basis species means any species or species group that is open to directed fishing that the vessel is authorized to harvest. Bering Sea and Aleutian Islands Area, for purposes of regulations governing the commercial King and Tanner crab fisheries, means those waters of the EEZ off the west coast of Alaska lying south of Point Hope (68 deg.21[min] N. lat), and extending south of the Aleutian Islands for 200 nm west of Scotch Cap Light (164 deg.44[min]36[sec] W. long). Bering Sea and Aleutian Islands Management Area (BSAI), for purposes of regulations governing the groundfish fisheries, means the Bering Sea and Aleutian Islands subareas (see Figure 1 to this part). Bering Sea Subarea of the BSAI means that portion of the EEZ contained in Statistical Areas 508, 509, 512, 513, 514, [[Page 563]] 516, 517, 518, 519, 521, 523, 524, and 530 (see Figure 1 to this part). Bled codend means a form of discard by vessels using trawl gear wherein some or all of the fish are emptied into the sea from the net before fish are brought fully on board. Bogoslof District means that part of the Bering Sea Subarea contained in Statistical Area 518 (see Figure 1 to this part). Breast line means the rope or wire running along the forward edges of the side panels of a net, or along the forward edge of the side rope in a rope trawl. Briefing means a short (usually 2-4 day) training session that observers must complete to fulfill certification requirements. Bulwark means a section of a vessel's side continuing above the main deck. Buying station means a tender vessel or land-based entity that receives unprocessed groundfish from a vessel for delivery to a shoreside processor, stationary floating processor, or mothership and that does not process those fish. Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering Sea Subarea that is contained within the boundaries of Statistical Areas 508, 509, 512, and 516 (see Figure 1 to this part). Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering Sea Subarea that is contained within the boundaries of Statistical Areas 513, 517, and 521 (see Figure 1 to this part). Bycatch or bycatch species means fish caught and released while targeting another species or caught and released while targeting the same species. Bycatch rate means: (1) For purposes of Sec. 679.21(f) with respect to halibut, means the ratio of the total round weight of halibut, in kilograms, to the total round weight, in metric tons, of groundfish for which a TAC has been specified under Sec. 679.20 while participating in any of the fisheries defined under Sec. 679.21(f). (2) For purposes of Sec. 679.21(f) with respect to red king crab, means the ratio of number of red king crab to the total round weight, in metric tons, of BSAI groundfish for which a TAC has been specified under Sec. 679.20 while participating in the BSAI yellowfin sole and BSAI ``other trawl'' fisheries, as defined under Sec. 679.21(f). Catch (see 50 CFR 600.10.) Catcher/processor means: (1) With respect to groundfish recordkeeping and reporting, a vessel that is used for catching fish and processing that fish. (2) With respect to subpart E of this part, a processor vessel that is used for, or equipped to be used for, catching fish and processing that fish. Catcher/processor vessel designation means, for purposes of the license limitation program, a license designation that authorizes the license holder: (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for license limitation groundfish and process license limitation groundfish on that vessel or to conduct only directed fishing for license limitation groundfish; or (2) Designated on a crab species license to deploy a vessel to conduct directed fishing for crab species and process crab species on that vessel or to conduct only directed fishing for crab species. Catcher vessel means a vessel that is used for catching fish and that does not process fish on board. Catcher vessel designation means, for purposes of the license limitation program, a license designation that authorizes the license holder: (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for, but not process, license limitation groundfish on that vessel; or (2) Designated on a crab species license to deploy a vessel to conduct directed fishing for, but not process, crab species on that vessel. Catcher Vessel Operational Area (CVOA) (see Figure 2 to this part and Sec. 679.22(a)(5)). CBL means crab bycatch limit. CDQ allocation means a percentage of a CDQ reserve specified under Sec. 679.31 that is assigned to a CDQ group when NMFS approves a proposed CDP. CDQ group means a qualified applicant with an approved CDP. CDQ group number means a number assigned to a CDQ group by NMFS that must be recorded in all logbooks and all reports submitted by the CDQ group [[Page 564]] or by vessels and processors catching CDQ or PSQ under an approved CDP. CDQ project means any program that is funded by a CDQ group's assets for the economic or social development of a community or group of communities that are participating in a CDQ group, including, but not limited to, infrastructure development, CDQ investments, employment and training programs, and CDP administration. CDQ representative means the individual who is the official contact for NMFS regarding all matters relating to a CDQ group's activities. CDQ species means any species or species group that has been assigned to a CDQ reserve under Sec. 679.31. Central Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 542 (see Figure 1 to this part). Central GOA Regulatory Area means that portion of the GOA EEZ that is contained in Statistical Areas 620 and 630 (see Figure 3 to this part). Chinook Salmon Savings Area of the BSAI (see Sec. 679.21(e)(7)(viii) and Figure 8a and Figure 8b to this part). Chum Salmon Savings Area of the BSAI CVOA (See Sec. 679.21(e)(7)(vii) and Figure 9 to this part.) Civil judgment, for purposes of subpart E of this part, means a judgment or finding of a civil offense by any court of competent jurisdiction. Clearing officer means a NMFS special agent, a NMFS fishery enforcement officer, or a NMFS enforcement aide who performs the function of clearing vessels at one of the primary ports listed in Table 14 to this part. Commercial fishing, for purposes of the High Seas Salmon Fishery, means fishing for fish for sale or barter. Commercial Operator's Annual Report (COAR) means the annual report of information on exvessel and first wholesale values for fish and shellfish required under Title 5 of the Alaska Administrative Code, chapter 39.130 (see Sec. 679.5 (p)). Commissioner of ADF&G means the principal executive officer of ADF&G. Community Development Plan (CDP) means a business plan for the economic and social development of a specific Western Alaska community or group of communities under the CDQ program at Sec. 679.30. Community Development Quota (CDQ) means the amount of a CDQ species established under Sec. 679.31 that is allocated to the CDQ program. Community Development Quota Program (CDQ Program) means the Western Alaska Community Development Quota Program implemented under subpart C of this part. Community Development Quota reserve (CDQ reserve) means a percentage of a total allowable catch for groundfish, a percentage of a catch limit for halibut, or percentage of a guideline harvest level for crab that has been set aside for purposes of the CDQ program. Conviction, for purposes of subpart E of this part, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. C. Opilio Crab Bycatch Limitation Zone (COBLZ) (see Sec. 679.21(e) and Figure 13 to this part. Council means North Pacific Fishery Management Council. Crab species means (see also king crab and tanner crab) all crab species covered by the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, including, but not limited to, red king crab (Paralithodes camtschatica), blue king crab (Paralithodes platypus), brown or golden king crab (Lithodes aequispina), scarlet or deep sea king crab (Lithodes couesi), Tanner or bairdi crab (Chionoecetes bairdi), opilio or snow crab (Chionoecetes opilio), grooved Tanner crab (Chionoecetes tanneri), and triangle Tanner crab (Chionoecetes angulatus). Crab species license means a license issued by NMFS that authorizes the license holder designated on the license to deploy a vessel to conduct directed fishing for crab species. Daily reporting period or day is the period from 0001 hours, A.l.t., until the following 2400 hours, A.l.t. Debriefing means the post-deployment process that includes a one-on- one interview with NMFS staff, a [[Page 565]] NMFS preliminary data review, observer completion of all data corrections noted, observer preparation of affidavits and reports, and completion of tasks related to biological specimens or special projects. Decertification, as used in Sec. 679.50(j), means action taken by a decertifying official under Sec. 679.50(j)(7) to revoke indefinitely certification of observers or observer contractors under this section; an observer or observer contractor whose certification is so revoked is decertified. Decertifying official, for purposes of subpart E of this part, means a designee authorized by the Regional Administrator to impose decertification. Deep water flatfish (see Table 10 to this part pursuant to Sec. 679.20(c).) Deployment means the period between an observer's arrival at the point of embarkation and the date the observer disembarks for travel to debriefing. 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 observer contractor duties. Directed fishing means: (1) With respect to groundfish recordkeeping and reporting, any fishing activity that results in the retention of an amount of a species or species group on board a vessel that is greater than the maximum retainable amount for that species or species group as calculated under Sec. 679.20. (2) With respect to license limitation groundfish species, directed fishing as defined in paragraph (1) of this definition, or, with respect to license limitation crab species, the catching and retaining of any license limitation crab species. (3) (Applicable through January 16, 2001) With respect to the harvest of groundfish by AFA catcher/processors and AFA catcher vessels, any fishing activity that results in the retention of an amount of a species or species group on board a vessel that is greater than the maximum retainable bycatch amount for that species or species group as calculated under Sec. 679.20. Discard (see Sec. 600.10.) Dockside sale means the transfer of IFQ halibut or IFQ sablefish from the person who harvested it to individuals for personal consumption, and not for resale. Documented harvest means a lawful harvest that was recorded in compliance with Federal and state commercial fishing regulations in effect at the time of harvesting. Donut Hole means the international waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Eastern Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 541 (see Figure 1 to this part). Eastern GOA Regulatory Area means the Reporting Areas 649 and 659 and that portion of the GOA EEZ that is contained in Statistical Areas 640 and 650 (see Figure 3 to this part). Eligible applicant means (for purposes of the LLP program) a qualified person who submitted an application during the application period announced by NMFS and: (1) For a groundfish license or crab species license, who owned a vessel on June 17, 1995, from which the minimum number of documented harvests of license limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in Sec. 679.4(k)(4) and (k)(5), unless the fishing history of that vessel was transferred in conformance with the provisions in paragraph (2) of this definition; or (2) For a groundfish license or crab species license, to whom the fishing history of a vessel from which the minimum number of documented harvests of license limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in Sec. 679.4(k)(4) and (k)(5) has been transferred or retained by the express terms of a written contract that clearly and unambiguously provides that the qualifications for a license under the LLP have been transferred or retained; or (3) For a crab species license, who was an individual who held a State of Alaska permit for the Norton Sound [[Page 566]] king crab summer fishery at the time he or she made at least one harvest of red or blue king crab in the relevant area during the period specified in Sec. 679.4(k)(5)(ii)(G), or a corporation that owned or leased a vessel on June 17, 1995, that made at least one harvest of red or blue king crab in the relevant area during the period in Sec. 679.4(k)(5)(ii)(G), and that was operated by an individual who was an employee or a temporary contractor; or (4) For a scallop license, who qualifies for a scallop license as specified at Sec. 679.4(g)(2) of this part; or (5) Who is an individual that can demonstrate eligibility pursuant to the provisions of the Rehabilitation Act of 1973 at 29 U.S.C. 794 (a). Eligible community means (for purposes of the CDQ program) a community that is listed in Table 7 to this part or that meets all of the following requirements: (1) The community is located within 50 nm from the baseline from which the breadth of the territorial sea is measured along the Bering Sea coast from the Bering Strait to the most western of the Aleutian Islands, or on an island within the Bering Sea. A community is not eligible if it is located on the GOA coast of the North Pacific Ocean, even if it is within 50 nm of the baseline of the Bering Sea. (2) That is certified by the Secretary of the Interior pursuant to the Native Claims Settlement Act (Pub. L. 92-203) to be a native village. (3) Whose residents conduct more than half of their current commercial or subsistence fishing effort in the waters of the BSAI. (4) That has not previously developed harvesting or processing capability sufficient to support substantial groundfish fisheries participation in the BSAI, unless the community can show that benefits from an approved CDP would be the only way to realize a return from previous investments. The community of Unalaska is excluded under this provision. Endorsement. (1) (See area endorsement for purposes of the groundfish LLP permits); (2) (See area/species endorsement for purposes of the crab LLP permits); (3) (See Sec. 679.4(g)(3)(ii) area endorsements for purposes of the scallop permit). Experimental fishery (see Exempted fishery, Sec. 679.6). Federal waters means waters within the EEZ off Alaska (see also reporting area). Fish product (See groundfish product.) Fish product weight means the weight of the fish product in pounds or to at least the nearest thousandth of a metric ton (0.001 mt). Fish product weight is based upon the number of production units and the weight of those units. Production units include pans, cartons, blocks, trays, cans, bags, and individual fresh or frozen fish. The weight of a production unit is the average weight of representative samples of the product, and, for fish other than fresh fish, may include additives or water but not packaging. Any allowance for water added cannot exceed 5 percent of the gross product weight (fish, additives, and water). Fishermen means persons who catch, take, or harvest fish. Fishing circle means the circumference of a trawl intersecting the center point on a fishing line, and that is perpendicular to the long axis of a trawl. Fishing day means (for purposes of subpart E) a 24-hour period, from 0001 hours A.l.t. through 2400 hours A.l.t., in which fishing gear is retrieved and groundfish are retained. Days during which a vessel only delivers unsorted codends to a processor are not fishing days. Fishing line means a length of chain or wire rope in the bottom front end of a trawl to which the webbing or lead ropes are attached. Fishing month means (for purposes of subpart E) a time period calculated on the basis of weekly reporting periods as follows: Each fishing month begins on the first day of the first weekly reporting period that has at least 4 days in the associated calendar month and ends on the last day of the last weekly reporting period that has at least 4 days in that same calendar month. Dates of each fishing month will be announced in the Federal Register published under Sec. 679.21(f)(5). [[Page 567]] Fishing trip means: (1) Retention requirements (MRB, IR/IU, and pollock roe stripping). With respect to retention requirements of MRB, IR/IU, and pollock roe stripping, an operator of a vessel is engaged in a fishing trip from the time the harvesting, receiving, or processing of groundfish is begun or resumed in an area until: (i) The effective date of a notification prohibiting directed fishing in the same area under Sec. 679.20 or Sec. 679.21; (ii) The offload or transfer of all fish or fish product from that vessel; (iii) The vessel enters or leaves an area where a different directed fishing prohibition applies; (iv) The vessel begins fishing with different type of authorized fishing gear; or (v) The end of a weekly reporting period (except a catcher vessel); whichever comes first. (2) IFQ program. With respect to the IFQ program, the period beginning when a vessel operator commences harvesting IFQ species and ending when the vessel operator lands any species. (3) Groundfish observer program. With respect to subpart E of this part, one of the following periods: (i) For a vessel used to process groundfish or a catcher vessel used to deliver groundfish to a monthership, a weekly reporting period during which one or more fishing days occur. (ii) For a catcher vessel used to deliver fish to other than a mothership, the time period during which one or more fishing days occur, that starts on the day when fishing gear is first deployed and ends on the day the vessel offloads groundfish, returns to an Alaskan port, or leaves the EEZ off Alaska and adjacent waters of the State of Alaska. Fishing year means 0001 hours, A.l.t., on January 1, through 2400 hours, A.l.t., on December 31 (see Sec. 679.23). Fixed gear sablefish CDQ reserve means 20 percent of the sablefish fixed gear TAC for each subarea in the BSAI for which a sablefish TAC is specified under Sec. 679.20(b)(1)(iii)(B). See also Sec. 679.31(b). Food bank distributor means a tax-exempt organization with the primary purpose of distributing food resources to hunger relief agencies (see Sec. 679.26). Food bank network means a tax-exempt organization with the primary purpose of coordinating receipt and delivery of food resources to its member food bank distributors or hunger relief agencies (see Sec. 679.26). Footrope means a chain or wire rope attached to the bottom front end of a trawl and attached to the fishing line. Forage fish (see Table 2 to this part). Gear (see the definition for Authorized fishing gear of this section). Gear deployment (or to set gear) means: (1) Position of gear deployment (lat. and long.): (i) For trawl gear. The position where the trawl gear reaches the fishing level and begins to fish. (ii) For hook-and-line gear. The beginning position of a set of hook-and-line gear. (iii) For jig or troll gear. The position where the jig or troll gear enters the water. (iv) For pot gear. The position of the first pot in a string of pots. (2) Time of gear deployment (A.l.t.): (i) For trawl gear. The time when the trawl gear reaches the fishing level and begins to fish. (ii) For hook-and-line gear. The time when the first hook-and-line gear of a set is deployed. (iii) For jig or troll gear. The time when jig or troll gear enters the water. (iv) For pot gear. The time when the first pot in a string of pots is deployed. Gear retrieval (or to haul gear) means: (1) Position of gear retrieval (lat. and long. to the nearest minute): (i) For trawl gear. The position where retrieval of trawl gear cable commences. (ii) For hook-and-line gear. The position where the last hook-and- line gear of a set leaves the water, regardless of where the majority of the set took place. (iii) For jig or troll gear. The position where the jig or troll gear leaves the water. (iv) For pot gear. The position where the last pot of a set is retrieved, regardless of where the majority of the set took place. (2) Time of gear retrieval (A.l.t.): (i) For trawl gear. The time when retrieval of trawl gear cable commences. [[Page 568]] (ii) For hook-and-line gear. The time when the last hook-and-line gear of a set leaves the water. (iii) For jig or troll gear. The time when the jig or troll gear leaves the water. (iv) For pot gear. The time when the last pot of a set is retrieved. Groundfish means (1) FMP species as listed in Table 2 to this part. (2) Target species and the ``other species'' category, specified annually pursuant to Sec. 679.20(a)(2) (See also the definitions for: License limitation groundfish; CDQ species; and IR/IU species of this section). Groundfish CDQ fishing means fishing by an eligible vessel listed on an approved CDP that results in the catch of any groundfish CDQ species, but that does not meet the definition of halibut CDQ fishing. Groundfish CDQ fishing (applicable through December 31, 1998) means fishing by an eligible vessel listed on an approved CDP that results in the catch of any CDQ or PSQ species other than pollock CDQ, halibut CDQ, and fixed gear sablefish CDQ. Groundfish license means (for purposes of the LLP program) a license issued by NMFS that authorizes the license holder designated on the license to deploy a vessel to conduct directed fishing for license limitation groundfish. Groundfish product or fish product means any species product listed in Tables 1 and 2 to this part, excluding the prohibited species listed in Table 2 to this part. Gulf of Alaska (GOA) means that portion of the EEZ contained in Statistical Areas 610, 620, 630, 640, and 650 (see Figure 3 to this part). Halibut means Pacific halibut (Hippoglossus stenolepis). Halibut CDQ fishing means the following: (1) Catcher vessel. The following conditions are met at all times: (i) Halibut CDQ is retained and the weight of halibut CDQ plus halibut IFQ onboard the vessel at any time represents the largest proportion of the retained catch in round weight equivalent onboard the vessel at that time, and (ii) For catcher vessels less than 60 ft (18.3 m) LOA, the round weight equivalent of non-CDQ groundfish does not exceed the maximum retainable amounts for these species or species groups as established in Sec. 679.20(e) and (f). (2) Catcher/processor. Halibut CDQ is retained from a set and the weight of halibut CDQ plus halibut IFQ represents the largest proportion of the retained catch in round weight equivalent from that set. Halibut CDQ reserve means the amount of the halibut catch limit for IPHC regulatory areas 4B, 4C, 4D, and 4E that is reserved for the halibut CDQ program (see Sec. 679.31(b)). Harvesting or to harvest means the catching and retaining of any fish. Harvest limit area for platoon managed Atka mackerel directed fishing (applicable through July 8, 2002) for the purposes of Secs. 679.4(b)(5)(iv), 679.20(a)(8)(ii) and (iii) and 679.22(a)(12)(iv)(A), means the waters of statistical areas 542 and 543 west of 178 deg. W long. within 20 nm seaward of sites listed in Table 24 of this part and located west of 177 deg.57.00' W. long. Harvest zone codes (see Table 8 to this part). Haul (See gear retrieval.) Headrope means a rope bordering the top front end of a trawl. Herring Savings Area means any of three areas in the BSAI presented in Figure 4 (see also Sec. 679.21(e)(7)(v) for additional closure information). High Seas Salmon Management Area means the portion of the EEZ off Alaska east of 175 degrees E. long. The High Seas Salmon Management Area is divided into a West Area and an East Area: (1) The West Area consists of the waters of the High Seas Salmon Management Area which are west of 143 deg.53[min]36[sec] W. long. (Cape Suckling). (2) The East Area consists of the waters of the High Seas Salmon Management Area east of 143 deg.53[min]36[sec] W. long. Hunger relief agency means a tax-exempt organization with the primary purpose of feeding economically disadvantaged individuals free of charge (see Sec. 679.26). [[Page 569]] IFQ crew member means any individual who has at least 150 days experience working as part of the harvesting crew in any U.S. commercial fishery, or any individual who receives an initial allocation of QS. For purposes of this definition, ``harvesting'' means work that is directly related to the catching and retaining of fish. Work in support of harvesting, but not directly involved with harvesting, is not considered harvesting crew work. For example, searching for fish, work on a fishing vessel only as an engineer or cook, or work preparing a vessel for a fishing trip would not be considered work of a harvesting crew. IFQ equivalent pound(s) means the weight amount, recorded in pounds, for an IFQ landing and calculated as round weight for sablefish and headed and gutted weight for halibut. IFQ fee liability means that amount of money for IFQ cost recovery, in U.S. dollars, owed to NMFS by an IFQ permit holder as determined by multiplying the appropriate standard ex-vessel value or actual ex-vessel value of his or her IFQ halibut or IFQ sablefish landing(s) by the appropriate IFQ fee percentage. IFQ fee percentage means that positive number no greater than 3 percent (0.03) determined by the Regional Administrator and established for use to calculate the IFQ cost recovery fee liability for an IFQ permit holder. IFQ halibut means any halibut that is harvested with fixed gear in any IFQ regulatory area. IFQ landing means the unloading or transferring of any IFQ halibut, IFQ sablefish, or products thereof from the vessel that harvested such fish or the removal from the water of a vessel containing IFQ halibut, IFQ sablefish, or products thereof. IFQ permit holder means the person identified on an IFQ permit, at the time a landing is made, as defined at Sec. 679.4(d)(3)(B). IFQ program means the individual fishing quota program for the fixed gear fisheries for Pacific halibut and sablefish in waters in and off Alaska and governed by regulations under this part. IFQ registered buyer means the person identified on a registered buyer permit, as defined at Sec. 679.4(d)(2). IFQ regulatory area means: (1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title (see also Figure 15 to this part). (2) With respect to IFQ sablefish, any of the three regulatory areas in the GOA and any subarea of the BSAI, and all waters of the State of Alaska between the shore and the inshore boundary of such regulatory areas and subareas, except waters of Prince William Sound and areas in which sablefish fishing is managed under a State of Alaska limited entry program (see Figure 14 to this part). IFQ retro-payment means the U.S. dollar value of a payment, monetary or non-monetary, made to an IFQ permit holder for the purchase of IFQ halibut or IFQ sablefish landed at some previous time. IFQ sablefish means any sablefish that is harvested with fixed gear, either in the EEZ off Alaska or in waters of the State of Alaska, by persons holding an IFQ permit, but does not include sablefish harvested in Prince William Sound or under a State of Alaska limited entry program. IFQ standard ex-vessel value means the total U.S. dollar amount of IFQ halibut or IFQ sablefish landings as calculated by multiplying the number of landed IFQ equivalent pounds by the appropriate IFQ standard price determined by the Regional Administrator. IFQ standard price means a price, expressed in U.S. dollars per IFQ equivalent pound, for landed IFQ halibut and IFQ sablefish determined annually by the Regional Administrator and documented in an IFQ standard price list published by NMFS. Incidental catch or incidental species means fish caught and retained while targeting on some other species, but does not include discard of fish that were returned to the sea. Indictment, for purposes of subpart E of this part, means indictment for a criminal offense. An information or other filing by competent authority [[Page 570]] charging a criminal offense must be given the same effect as an indictment. Individual means a natural person who is not a corporation, partnership, association, or other such entity. Individual fishing quota (IFQ) means the annual catch limit of sablefish or halibut that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of sablefish or halibut. Inshore component in the BSAI (applicable through December 31, 2004) means the following categories that process groundfish harvested in the BSAI: (1) Shoreside processors, including those eligible under section 208(f) of the American Fisheries Act; and (2) Vessels less than 125 ft (38.1 m) LOA that process less than 126 mt per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod. Inshore component in the GOA (applicable through December 31, 2001) means the following three categories of the U.S. groundfish fishery that process groundfish harvested in the BSAI or GOA: (1) Shoreside processing operations; (2) Vessels less than 125 ft (38.1 m) LOA that process no more than 126 mt per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod; and (3) Vessels that process pollock or Pacific cod, harvested in a directed fishery for those species, at a single geographic location in Alaska State waters during a fishing year. Inshore component in the GOA (applicable through July 8, 2002) means the following three categories of the U.S. groundfish fishery that process groundfish harvested in the BSAI or GOA: (1) Shoreside processing operations; (2) Vessels less than 125 ft (38.1 m) LOA that process no more than 126 mt per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod; and (3) Vessels that process pollock or Pacific cod, harvested in a directed fishery for those species, at a single geographic location in Alaska State waters during a fishing year. IPHC means International Pacific Halibut Commission (see part 300 of chapter III of this title). IR/IU means the improved retention/improved utilization program set out at Sec. 679.27. IR/IU species means any groundfish species that is regulated by a retention or utilization requirement set out at Sec. 679.27. KIFQ actual ex-vessel value means the U.S. dollar amount of all compensation, monetary or non-monetary, including any IFQ retro-payments received by an IFQ permit holder for the purchase of IFQ halibut or IFQ sablefish landing(s) on his or her permit(s) described in terms of IFQ equivalent pounds. King crab means red king crab (Paralithodes camtschatica), blue king crab (P. platypus), brown (or golden) king crab (Lithodes aequispina), and scarlet (or deep sea) king crab (Lithodes couesi). Landing means offloading fish. Legal landing means a landing in compliance with Federal and state commercial fishing regulations in effect at the time of landing. Legal landing of halibut or sablefish (see Sec. 679.40(a)(3)(v)). Legal proceedings, for purposes of subpart E of this part, means any civil judicial proceeding to which the Government is a party or any criminal proceeding. The term includes appeals from such proceedings. Length overall (LOA) of a vessel means the centerline longitudinal distance, rounded to the nearest foot, measured between: (1) The outside foremost part of the vessel visible above the waterline, including bulwarks, but excluding bowsprits and similar fittings or attachments, and (2) The outside aftermost part of the vessel visible above the waterline, including bulwarks, but excluding rudders, outboard motor brackets, and similar fittings or attachments (see Figure 6 to this part). License holder means the person who is named on a currently valid groundfish license, crab species license, or scallop license. License limitation groundfish means target species and the ``other species'' category, specified annually pursuant to Sec. 679.20(a)(2), except that demersal shelf rockfish east of 140 deg. W. long. and [[Page 571]] sablefish managed under the IFQ program are not considered license limitation groundfish. Limited Access System Administrative Fund (LASAF) means the administrative account used for depositing cost recovery fee payments into the U.S. Treasury as described in the Magnuson-Stevens Act under section 304(d)(2)(C)(i) and established under section 305(h)(5)(B). Logbook means Daily Cumulative Production Logbook (DCPL) or Daily Fishing Logbook (DFL) required by Sec. 679.5. Management area means any district, regulatory area, subpart, part, or the entire GOA or BSAI. Manager, with respect to any shoreside processor, stationary floating processor or land-based buying station, means the individual responsible for the operation of the shoreside processor operation or land-based buying station. Managing organization means the organization responsible for managing all or part of a CDP. Maximum LOA (MLOA) means: (1) With respect to the scallop license limitation program, the MLOA is equal to the length overall on February 8, 1999, of the longest vessel that was: (i) Authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops; (ii) Used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at Sec. 679.4(g)(2)(iii) of this part. (2) With respect to the groundfish and crab species license limitation program, the LOA of the vessel on June 24, 1992, unless the vessel was less than 125 ft (38.1 m) on June 24, 1992, then 1.2 times the LOA of the vessel on June 24, 1992, or 125 ft (38.1 m), whichever is less. However, if the vessel was under reconstruction on June 24, 1992, then the basis for the MLOA will be the LOA of the vessel on the date that reconstruction was completed and not June 24, 1992. The following exceptions apply regardless of how the MLOA was determined. (i) If the vessel's LOA on June 17, 1995, was less than 60 ft (18.3 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was less than 60 ft (18.3 m), then the vessel's MLOA cannot exceed 59 ft (18 m). (ii) If the vessel's LOA on June 17, 1995, was greater than or equal to 60 ft (18.3 m) but less than 125 ft (38.1 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was greater than or equal to 60 ft (18.3 m) but less 125 ft (38.1 m), then the vessel's MLOA cannot exceed 124 ft (37.8 m). (iii) If the vessel's LOA on June 17, 1995, was 125 ft (38.1 m) or greater, then the vessel's MLOA is the vessel's LOA on June 17, 1995, or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was 125 ft (38.1 m) or greater, then the vessel's MLOA is the vessel's LOA on the date reconstruction was completed. Mothership means: (1) A vessel that receives and processes groundfish from other vessels; or (2) With respect to subpart E of this part, a processor vessel that receives and processes groundfish from other vessels and is not used for, or equipped to be used for, catching groundfish. Nearshore Bristol Bay Trawl Closure Area of the BSAI (See Sec. 679.22(a)(9) and Figure 12 to this part.) Net-sounder device means a sensor used to determine the depth from the water surface at which a fishing net is operating. Net weight (IFQ or CDQ halibut only). Net weight of IFQ or CDQ halibut means the weight of a halibut that is gutted, head off, and washed or ice and slime deducted. Non-allocated or nonspecified species means those fish species, other than prohibited species, for which TAC has not been specified (e.g., grenadier, prowfish, lingcod). NMFS investigator, for purposes of subpart E of this part, means a designee authorized by the Regional Administrator to conduct investigations under this section. NMFS Person Identification Number means a unique number assigned by NMFS to any person who applied for, [[Page 572]] or who has been issued, a certificate, license, or permit under any fishery management program administered by the Alaska Region for purposes of the NMFS/Alaska Region Integrated Regional Data System. Non-chinook salmon means coho, pink, chum or sockeye salmon. North Pacific fishery means any commercial fishery in state or Federal waters off Alaska. Observed or observed data refers to data collected by observers (see Sec. 679.21(f)(7) and subpart E of this part). Observer means any individual that is awarded NMFS certification to serve as an observer under this part, is employed by an observer contractor for the purpose of providing observer services to vessels, shoreside processors, or stationary floating processors under this part, and is acting within the scope of his/her employment. Observer contractor means any person that is awarded NMFS certification to provide observer services to vessels, shoreside processors, or stationary floating processors under subpart E and who contracts with observers to provide these services. Observer Program Office means the administrative office of the Groundfish Observer Program located at Alaska Fisheries Science Center (see ADDRESSES, part 600). Official License Limitation Program (LLP) record means the information prepared by the Regional Administrator about vessels that were used to participate in the groundfish or crab fisheries during qualified periods for the groundfish and crab LLP specified at Sec. 679.4(k) and in the scallop fisheries during the qualifying periods for the scallop LLP specified at Sec. 679.4(g). Information in the official LLP record includes vessel ownership information, documented harvests made from vessels during the qualification periods, and vessel characteristics. The official LLP record is presumed to be correct for the purpose of determining eligibility for licenses. An applicant for a license under the LLP will have the burden of proving the validity of information submitted in an application that is inconsistent with the official LLP record. Offshore component in the BSAI (applicable through December 31, 2004) means all vessels not included in the definition of ``inshore component in the BSAI'' that process groundfish in the BSAI. Offshore component in the GOA (applicable through December 31, 2001) means all vessels not included in the definition of ``inshore component in the GOA'' that process groundfish in the BSAI or GOA. Offshore component in the GOA (applicable through July 8, 2002) means all vessels not included in the definition of ``inshore component in the GOA'' that process groundfish in the BSAI or GOA. Optimum yield means: (1) With respect to the High Seas Salmon Fishery, that amount of any species of salmon which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities, as specified in the Salmon FMP. (2) With respect to the groundfish fisheries, see Sec. 679.20(a)(1). Other flatfish (see Table 11 to this part pursuant to Sec. 679.20(c).) Other gear means gear other than authorized fishing gear. Other red rockfish (see Table 10 to this part pursuant to Sec. 679.20(c); see also ``rockfish'' at Sec. 679.2.) Other rockfish (see Table 10 to this part pursuant to Sec. 679.20(c); see also ``rockfish'' at Sec. 679.2.) Other species is a category that consists of groundfish species in each management area that are not specified as target species (see Tables 10 and 11 to this part pursuant to Sec. 679.20(c)). Person means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized, or existing under the laws of any state), and any Federal, state, local, or foreign government or any entity of any such aforementioned governments. Personal use fishing means, for purposes of the High Seas Salmon Fishery, fishing other than commercial fishing. Pollock roe means product consisting of pollock eggs, either loose or in sacs or skeins. Preponderance of the evidence, for purposes of subpart E of this part, means [[Page 573]] proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Primary product (see Table 1 to this part). Processing, or to process, means the preparation of, or to prepare, fish or crab to render it suitable for human consumption, industrial uses, or long-term storage, including but not limited to cooking, canning, smoking, salting, drying, freezing, or rendering into meal or oil, but does not mean icing, bleeding, heading, or gutting. Processor vessel means, unless otherwise restricted, any vessel that has been issued a Federal fisheries permit and that can be used for processing groundfish. Product transfer report (PTR) (see Sec. 679.5(g)). Program Administrator, RAM means the Program Administrator of Restricted Access Management Program, Alaska Region, NMFS. Prohibited species means any of the species of Pacific salmon (Oncorhynchus spp.), steelhead trout (Oncorhynchus mykiss), Pacific halibut (Hippoglossus stenolepis), Pacific herring (Clupea harengus pallasi), king crab, and Tanner crab, caught by a vessel regulated under this part while fishing for groundfish in the BSAI or GOA, unless retention is authorized by other applicable laws, including the annual management measures published in the Federal Register pursuant to Sec. 300.62 of this title. Prohibited species catch (PSC) means any of the species listed in Sec. 679.21(b). Prohibited species quota (PSQ) means the amount of a prohibited species catch limit established under Sec. 679.21(e)(1) and (e)(2) that is allocated to the groundfish CDQ program under Sec. 679.21(e)(1)(i) and (e)(2)(ii). PRR means standard product recovery rate (see Table 3 to this part). PSD Permit means a permit issued by NMFS to an applicant who qualifies as an authorized distributor for purposes of the PSD. PSD Program means the Prohibited Species Donation Program established under Sec. 679.26. PSQ allocation means a percentage of a PSQ reserve specified under Sec. 679.21(e)(1)(i) and (e)(2)(ii) that is assigned to a CDQ group when NMFS approves a proposed CDP. See also Sec. 679.31(d). PSQ species means any species that has been assigned to a PSQ reserve under Sec. 679.21(e)(1)(i) and (e)(2)(ii) for purposes of the CDQ program. See also Sec. 679.31(d). Qualified applicant means, for the purposes of the CDQ program: (1) A local fishermen's organization that: (i) Represents an eligible community or group of eligible communities; (ii) Is incorporated under the laws of the State of Alaska or under Federal law; and (iii) Has a board of directors composed of at least 75 percent resident fishermen of the community (or group of communities); or (2) A local economic development organization that: (i) Represents an eligible community or group of communities; (ii) Is incorporated under the laws of the State of Alaska or under Federal law specifically for the purpose of designing and implementing a CDP; and (iii) Has a board of directors composed of at least 75 percent resident fishermen of the community (or group of communities). Qualified Person means: (1) With respect to the IFQ program, see IFQ Management Measures at Sec. 679.40(a)(2). (2) With respect to the groundfish and crab species license limitation program, a person who was eligible on June 17, 1995, to document a fishing vessel under Chapter 121, Title 46, U.S.C. (3) With respect to the scallop LLP, a person who was eligible on February 8, 1999, to document a fishing vessel under Chapter 121, Title 46, U.S.C. Quarter, or quarterly reporting period, means one of four successive 3-month periods, which begin at 0001 hours, A.l.t., on the first day of each quarter, and end at 2400 hours, A.l.t., on the last day of each quarter, as follows: (1) 1st quarter: January 1 through March 31. (2) 2nd quarter: April 1 through June 30. (3) 3rd quarter: July 1 through September 30. [[Page 574]] (4) 4th quarter: October 1 through December 31. Quota share (QS) means a permit, the face amount of which is used as a basis for the annual calculation of a person's IFQ. Reconstruction means a change in the LOA of the vessel from its original qualifying LOA. Red King Crab Savings Area (RKCSA) of the BSAI (see Sec. 679.22(a)(3) and Figure 11 to this part). Red King Crab Savings Subarea (RKCSS) of the BSAI (see Sec. 679.21(e)(3)(ii)(B) and Figure 11 to this part). Regional Administrator, for purposes of this part, means the Administrator, Alaska Region, NMFS, as defined at Sec. 600.10 of this chapter, or a designee. Regulatory area means any of three areas of the EEZ in the GOA (see Figure 3 to this part). Reporting area (see Figures 1 and 3 to this part) means: (1) An area that includes a statistical area of the EEZ off Alaska and any adjacent waters of the State of Alaska; (2) The reporting areas 300, 400, 550, and 690, which do not contain EEZ waters off Alaska or Alaska state waters; or (3) Reporting areas 649 and 659, which contain only waters of the State of Alaska. Representative (see Sec. 679.5(b)). Reprocessed or rehandled product (see Table 1 to this part). Resident fisherman means (for purposes of the CDQ Program) an individual with documented commercial or subsistence fishing activity who maintains a mailing address and permanent domicile in an eligible community and is eligible to receive an Alaska Permanent Fund dividend at that address. Retain on board (see Secs. 600.10 and 679.27 of this chapter.) Rockfish means: (1) For the GOA: Any species of the genera Sebastes or Sebastelobus except Sebastes melanops, (black rockfish), and Sebastes mystinus, (blue rockfish). (2) For the BSAI: Any species of the genera Sebastes or Sebastelobus. Round-weight equivalent means the weight of groundfish calculated by dividing the weight of the primary product made from that groundfish by the PRR for that primary product as listed in Table 3 to this part, or, if not listed, the weight of groundfish calculated by dividing the weight of a primary product by the standard PRR as determined using the best available evidence on a case-by-case basis. Sablefish (black cod) means Anoplopoma fimbria. (See also IFQ sablefish; fixed gear sablefish at Sec. 679.21(b)(5); and sablefish as a prohibited species at Sec. 679.24(c)(2)(ii)). Salmon means the following species: (1) Chinook (or king) salmon (Oncorhynchus tshawytscha); (2) Coho (or silver) salmon (O. kisutch); (3) Pink (or humpback) salmon (O. gorbuscha); (4) Sockeye (or red) salmon (O. nerka); and (5) Chum (or dog) salmon (O. keta). Scallop(s) means any species of the family Pectinidae, including, without limitation, weathervane scallops (Patinopectin caurinus). Scallop license means a license issued by NMFS that authorizes the license holder to catch and retain scallops pursuant to the conditions specified on the license. Scallop Registration Area H (Cook Inlet) means all Federal waters of the GOA west of the longitude of Cape Fairfield (148 deg.50[min] W. long.) and north of the latitude of Cape Douglas (58 deg.52[min] N. lat.). Seabird avoidance gear (see Secs. 679.24(e), 679.42(b)(2), and Table 19 to this part). Set means a string of longline gear, a string of pots, or a group of pots with individual pots deployed and retrieved in the water in a similar location with similar soak time. In the case of pot gear, when the pots in a string are hauled more than once in the same position, a new set is created each time the string is retrieved and re-deployed. A set includes a test set, unsuccessful harvest, or when gear is not working and is pulled in, even if no fish are harvested. Shallow water flatfish (see Table 10 to this part pursuant to Sec. 679.20(c).) Shoreside processor means any person or vessel that receives unprocessed groundfish, except catcher/processors, [[Page 575]] motherships, buying stations, restaurants, or persons receiving groundfish for personal consumption or bait. Shoreside processor electronic logbook report (SPELR) (see Sec. 679.5(d)). Shucking machine means any mechanical device that automatically removes the meat or the adductor muscle from the shell. Southeast Outside District of the GOA means that part of the Eastern GOA Regulatory Area contained in Statistical Area 650 (see Figure 3 to this part). Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm in the GOA, off Cape Edgecumbe, in Statistical Area 650. See Figure 18 to this part. State means the State of Alaska. Statistical area means the part of any reporting area defined in Figures 1 and 3 to this part, contained in the EEZ. Steller Sea Lion Protection Areas (See Sec. 679.22(a)(7), (a)(8), and (b)(2), and Sec. 227.12 of this title.) Stretched mesh size means the distance between opposite knots of a four-sided mesh when opposite knots are pulled tautly to remove slack. Superexclusive registration area means any State of Alaska designated registration area within the Bering Sea and Aleutian Islands Area where, if a vessel is registered to fish for crab, that vessel is prohibited from fishing for crab in any other registration area during that registration year. Support vessel means any vessel that is used in support of other vessels regulated under this part, including, but not limited to, supplying a fishing vessel with water, fuel, provisions, fishing equipment, fish processing equipment or other supplies, or transporting processed fish. The term ``support vessel'' does not include processor vessels or tender vessels. Suspending official, for purposes of subpart E of this part, means a designee authorized by the Regional Administrator to impose suspension. Suspension, as used in Sec. 679.50, means action taken by a suspending official under Sec. 679.50(j) to suspend certification of observers or observer contractors temporarily until a final decision is made with respect to decertification. Tagged halibut or sablefish (see Sec. 679.40(g)). Tanner crab means Chionoecetes species or hybrids of these species. Target species are those species or species groups, except the ``other species'' category, for which a TAC is specified pursuant to Sec. 679.20(a)(2). Tax-exempt organization means an organization that received a determination letter from the Internal Revenue Service recognizing tax exemption under 26 CFR part 1 (Secs. 1.501 to 1.640). Tender vessel means a vessel that is used to transport unprocessed fish received from another vessel to a shoreside processor, stationary floating processor, or mothership (see also ``buying station''). Transfer means: (1) Groundfish fisheries of the GOA and BSAI. Any loading, offloading, shipment or receipt of any groundfish product by a mothership, catcher/processor, shoreside processor, or stationary floating processor, including quantities transferred inside or outside the EEZ, within any state's territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduction plant. (2) IFQ/CDQ fisheries. Any loading, offloading, shipment or receipt of any groundfish product, including quantities transferred inside or outside the EEZ, within any state's territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduction plant. Trawl test areas (see Figure 7 to this part and Sec. 679.24(d)). Unsorted codend is a codend of groundfish that is not brought on board a catcher vessel and that is delivered to a mothership, shoreside processor, or stationary floating processor without the potential for sorting. No other instance of catcher vessel harvest is considered an ``unsorted codend.'' All other catch that does not meet this definition is considered ``presorted'' whether or not sorting occurs. U.S. citizen means: (1) General usage. Any individual who is a citizen of the United States. [[Page 576]] (2) IFQ program. (i) Any individual who is a citizen of the United States at the time of application for QS; or (ii) Any corporation, partnership, association, or other entity that would have qualified to document a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. U.S.-Russian Boundary means the seaward boundary of Russian waters as defined in Figure 1 to this part. Vessel Activity Report (VAR) (see Sec. 679.5(k)). Vessel length category means the length category of a vessel, based on the assigned MLOA, used to determine eligibility. Vessel operations category (see Sec. 679.5(b)(3)). Walrus Protection Areas (see Sec. 679.22(a)(4)). Weekly production report (WPR) (see Sec. 679.5(i)). Weekly reporting period means a time period that begins at 0001 hours, A.l.t., Sunday morning (except during the first week of each year, when it starts on January 1) and ends at 2400 hours, A.l.t., the following Saturday night (except during the last week of each year, when it ends on December 31). West Yakutat District of the GOA means that part of the Eastern GOA Regulatory Area contained in Statistical Area 640 (see Figure 3 to this part). Western Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 543 (see Figure 1 to this part). Western GOA Regulatory Area means that portion of the GOA EEZ that is contained in Statistical Area 610 (see Figure 3 to this part). Wing tip means the point where adjacent breast lines intersect or where a breast line intersects with the fishing line. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register citations affecting Sec. 679.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Effective Date Notes: 1. At 67 FR 999, Jan. 8, 2002, Sec. 679.2 was amended by suspending the definitions for ``Steller Sea Lion Protection Areas'' and paragraph (5) under ``Directed Fishing'', effective Jan. 1, 2002 until July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002. 2. At 67 FR 18138, Apr. 15, 2002, paragraph (5) under ``Directed Fishing'' was removed, effective May 15, 2002.