[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: 50CFR679.23]

[Page 674-678]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents
 
                     Subpart B--Management Measures
 
Sec. 679.23  Seasons.

    (a) Groundfish, general. Fishing for groundfish in the GOA and BSAI 
is authorized from 0001 hours, A.l.t., January 1, through 2400 hours, 
A.l.t., December 31, subject to the other provisions of this part, 
except as provided in paragraph (c) of this section.
    (b) Time of groundfish openings and closures. The time of all 
openings and closures of fishing seasons, other than the beginning and 
end of the calendar fishing year, is 1200 hours, A.l.t.
    (c) GOA and BSAI trawl groundfish. Notwithstanding other provisions 
of this part, fishing for groundfish with trawl gear in the GOA and BSAI 
is prohibited from 0001 hours, A.l.t., January 1, through 1200 hours, 
A.l.t., January 20.
    (d) GOA groundfish seasons--(1) Directed fishing for trawl rockfish. 
Directed fishing for rockfish with trawl gear is authorized from 1200 
hours, A.l.t., on the first day of the third quarterly reporting period 
of a fishing year through 2400 hours, A.l.t., December 31, subject to 
other provisions of this part.
    (2) Directed fishing for pollock. Subject to other provisions of 
this part, directed fishing for pollock in the Western and Central 
Regulatory Areas is authorized only during the three seasons:
    (i) From 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t., 
April 1;

[[Page 675]]

    (ii) From 1200 hours, A.l.t., June 1, through 1200 hours, A.l.t., 
July 1; and
    (iii) From 1200 hours, A.l.t., September 1, through 2400 hours, 
A.l.t., December 31.
    (3) Directed fishing for pollock (applicable through July 8, 2002). 
Subject to other provisions of this part, directed fishing for pollock 
in the Western and Central Regulatory Areas is authorized only during 
the following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., February 25;
    (ii) B season. From 1200 hours, A.l.t., March 10 through 1200 hours, 
A.l.t., May 31;
    (iii) C season. From 1200 hours, A.l.t., August 25 through 1200 
hours, A.l.t., September 15; and
    (iv) D season. From 1200 hours, A.l.t., October 1 through 1200 
hours, A.l.t., November 1.
    (4) Directed fishing for Pacific cod (applicable through July 8, 
2002)--(i) Hook-and-line, pot, or jig gear. Subject to other provisions 
of this part, directed fishing for Pacific cod with hook-and-line, pot, 
or jig gear in the Western and Central Regulatory Areas is authorized 
only during the following two seasons:
    (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, 
A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
    (5) Directed fishing for Pacific cod. Directed fishing for Pacific 
cod in the Western and Central Regulatory Areas is prohibited.
    (e) BSAI groundfish seasons--(1) Directed fishing for arrowtooth 
flounder and Greenland turbot. Directed fishing for arrowtooth flounder 
and Greenland turbot in the BSAI is authorized from 1200 hours, A.l.t., 
May 1, through 2400 hours, A.l.t., December 31, subject to the other 
provisions of this part.
    (2) Directed fishing for pollock. (i) Subject to other provisions of 
this part, and except as provided in paragraphs (e)(2)(ii) and 
(e)(2)(iii) of this section, directed fishing for pollock is authorized 
only during the following two seasons:
    (A) A season. From 0001 hours A.l.t. January 1 through 1200 hours 
A.l.t. April 15.
    (B) B season. From 1200 hours A.l.t. September 1 through 1200 hours 
A.l.t. November 1.
    (ii) Offshore component in the BSAI restrictions (applicable through 
December 31, 2004)--(A) Offshore A season. Subject to other provisions 
of this part, directed fishing by the offshore component in the BSAI, or 
by vessels catching pollock for processing by the offshore component in 
the BSAI, is authorized from 1200 hours A.l.t. January 26 through 1200 
A.l.t. April 15.
    (B) Offshore A season ``fair start'' requirement. Directed fishing 
for pollock by the offshore component in the BSAI, or by vessels 
catching pollock for processing by the offshore component in the BSAI, 
is prohibited through 1200 hours A.l.t., February 5, for any vessel that 
is used to fish in a non-CDQ fishery for groundfish in the BSAI or GOA, 
or for king or Tanner crab in the BSAI prior to 1200 hours, A.l.t., 
January 26 of the same year.
    (iii) B season ``fair start'' requirement. Directed fishing for 
pollock is prohibited from 1200 hours, A.l.t., September 1, through 1200 
hours, A.l.t., September 8, for any vessel that is used to fish for 
groundfish with trawl gear in a non-CDQ fishery in the BSAI or GOA 
between 1200 hours, A.l.t., August 25, and 1200 hours, A.l.t., September 
1.
    (3) Directed fishing for Atka mackerel with trawl gear. Subject to 
other provisions of this part, directed fishing for Atka mackerel with 
trawl gear in the Aleutian Islands Subarea is authorized only during the 
following two seasons:
    (i) A season. From 0001 hours, A.l.t., January 1, through 1200 
hours, A.l.t., April 15;
    (ii) B season. From 1200 hours, A.l.t., September 1, through 1200 
hours, A.l.t., November 1.

[[Page 676]]

    (4) CDQ fishing seasons. (i) Halibut CDQ. Fishing for CDQ halibut 
with fixed gear under an approved CDQ allocation may begin on the 
effective date of the allocation, except that CDQ fishing may occur only 
during the fishing periods specified in the annual management measures 
published in the Federal Register pursuant to Sec. 300.62 of chapter III 
of this title.
    (ii) Sablefish CDQ. Fishing for CDQ sablefish with fixed gear under 
an approved CDQ allocation may begin on the effective date of the 
allocation, except that it may occur only during the IFQ fishing season 
specified in paragraph (g)(1) of this section.
    (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other than 
fixed gear sablefish CDQ under subpart C of this part, is authorized 
from 0001 hours, A.l.t., January 1, through the end of each fishing 
year, except as provided in paragraph (c) of this section.
    (iv) Groundfish CDQ (applicable through July 8, 2002). Fishing for 
groundfish CDQ species, other than pollock CDQ; hook-and-line, jig, or 
trawl Pacific cod CDQ; and fixed gear sablefish CDQ under subpart C of 
this part, is authorized from 0001 hours, A.l.t., January 1 through the 
end of each fishing year, except as provided under paragraph (c) of this 
section.
    (v) Pollock CDQ and Pacific cod CDQ harvested with hook-and-line, 
jig or trawl gear (applicable through July 8, 2002). (A) Fishing for 
pollock CDQ is authorized under paragraph (e)(5) of this section.
    (B) Fishing for Pacific cod CDQ with hook-and-line, jig or trawl 
gear is authorized under paragraph (e)(6) of this section.
    (5) Directed fishing for pollock in the Bering Sea Subarea by 
inshore, offshore catcher/processor, and mothership components and 
pollock CDQ fisheries (applicable through July 8, 2002). Subject to 
other provisions of this part, directed fishing for pollock by vessels 
catching pollock for processing by the inshore component, catcher/
processors in the offshore component, and motherships in the offshore 
component in the Bering Sea subarea or directed fishing for pollock CDQ 
in the Bering Sea subarea is authorized only during the following two 
seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (6) Directed fishing for Pacific cod (applicable through July 8, 
2002). (i) Fixed gear. Subject to other provisions of this part, 
directed fishing for Pacific cod with fixed gear in the BSAI is 
authorized only during the following two seasons:
    (ii) Hook-and-line and jig gear. Subject to other provisions of this 
part, directed fishing for CDQ and non-CDQ Pacific cod with vessels 
equal to or greater than 60 ft (18.3 m) LOA using hook-and-line and with 
vessels using jig gear in the BSAI is authorized only during the 
following two seasons:
    (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, 
A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, 
A.l.t., December 31.
    (iii) Trawl gear. Subject to other provisions of this part, directed 
fishing for CDQ and non-CDQ Pacific cod with trawl gear in the BSAI is 
authorized only during the following three seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 1;
    (B) B season. From 1200 hours, A.l.t., April 1 through 1200 hours, 
A.l.t., June 10; and
    (C) C season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (iv) Pot gear. Subject to other provisions of this part, non-CDQ 
directed fishing for Pacific cod with vessels equal to or greater than 
60 ft (18.3 m) LOA using pot gear in the BSAI is authorized only during 
the following two seasons:
    (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, 
A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (7) Directed fishing for Atka mackerel with trawl gear (applicable 
through July 8, 2002). Subject to other provisions of this part, non-CDQ 
directed

[[Page 677]]

fishing for Atka mackerel with trawl gear in the Aleutian Islands 
subarea is authorized only during the following two seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 15; and
    (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
    (f) IFQ halibut. The fishing period(s) for IFQ halibut are 
established by the IPHC and are specified in the annual management 
measures published in the Federal Register pursuant to Sec. 300.62 of 
chapter III of this title. Catches of halibut by fixed gear at times 
other than during the specified fishing periods must be treated as 
prohibited species as prescribed at Sec. 679.21(b).
    (g) IFQ sablefish. (1) Directed fishing for sablefish using fixed 
gear in any IFQ regulatory area may be conducted in any fishing year 
during the period specified by the Regional Administrator and announced 
by publication in the Federal Register. The Regional Administrator will 
take into account the opening date of the halibut season when 
determining the opening date for sablefish for the purposes of reducing 
bycatch and regulatory discards between the two fisheries.
    (2) Catches of sablefish by fixed gear during other periods may be 
retained up to the amounts provided for by the directed fishing 
standards specified at Sec. 679.20 when made by an individual aboard the 
vessel who has a valid IFQ card and unused IFQ in the account on which 
the card was issued.
    (3) Catches of sablefish in excess of the maximum retainable bycatch 
amounts and catches made without IFQ must be treated in the same manner 
as prohibited species as defined at Sec. 679.21(b).
    (h) Stand down requirements for trawl catcher vessels transiting 
between the BSAI and GOA.

------------------------------------------------------------------------
                                     You are
    If you own or operate a      prohibited from
  catcher vessel and fish for      subsequently          Until* * *
 groundfish with trawl gear in   deploying trawl
           the* * *              gear in the* * *
------------------------------------------------------------------------
(1) BSAI while pollock or       Western and        1200 hours A.l.t. on
 Pacific cod is open to          Central GOA        the third day after
 directed fishing in the BSAI.   regulatory areas.  the date of landing
                                                    or transfer of all
                                                    groundfish on board
                                                    the vessel harvested
                                                    in the BSAI, unless
                                                    you are engaged in
                                                    directed fishing for
                                                    Pacific cod in the
                                                    GOA for processing
                                                    by the offshore
                                                    component.
(2) Western GOA regulatory      BSAI.............  1200 hours A.l.t. on
 area while pollock or inshore                      the third day after
 Pacific cod is open to                             the date of landing
 directed fishing in the                            or transfer of all
 Western GOA regulatory area.                       groundfish on board
                                                    the vessel harvested
                                                    in the Western
                                                    Regulatory Area of
                                                    the GOA, unless you
                                                    are participating in
                                                    a CDQ fishery.
(3) Central GOA regulatory      BSAI.............  1200 hours A.l.t. on
 area while pollock or inshore                      the second day after
 Pacific cod is open to                             the date of landing
 directed fishing in the                            or transfer of all
 Central GOA regulatory area.                       groundfish on board
                                                    the vessel harvested
                                                    in the Central GOA
                                                    regulatory area ,
                                                    unless you are
                                                    participating in a
                                                    CDQ fishery.
------------------------------------------------------------------------

    (i) Catcher vessel exclusive fishing seasons for pollock (applicable 
through July 8, 2002). Catcher vessels are prohibited from participating 
in directed fishing for pollock under the following conditions. Vessels 
less than 125 ft (38.1 m) LOA are exempt from this restriction when 
fishing east of 157 deg.00[min] W long. GOA and Bering Sea seasons are 
specified at Sec. 679.23(d)(3) and Sec. 679.23(e)(5).

------------------------------------------------------------------------
                                                         Then you are
                                                        prohibited from
                                                         subsequently
 If you own or operate a catcher                          engaging in
  vessel and engage in directed       During the       directed fishing
   fishing for pollock in the                          for pollock with
                                                         that catcher
                                                         vessel in the
------------------------------------------------------------------------
Bering Sea subarea..............  A season..........  GOA until the
                                                       following C
                                                       season.
                                  B season..........  GOA until the A
                                                       season of the
                                                       next year.
GOA.............................  A season..........  BSAI until the
                                                       following B
                                                       season.
                                  B season..........  BSAI until the
                                                       following B
                                                       season.
                                  C season..........  BSAI until the A
                                                       season of the
                                                       following year.
                                  D season..........  BSAI until the A
                                                       season of the
                                                       following year.
------------------------------------------------------------------------


[[Page 678]]


[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 39602, July 30, 1996; 62 FR 2046, Jan. 15, 1997; 63 FR 11168, Mar. 6, 
1998; 63 FR 30401, June 4, 1998; 63 FR 47368, Sept. 4, 1998; 63 FR 
48642, Sept. 11, 1998; 64 FR 3452, Jan. 22, 1999; 64 FR 3658, Jan. 25, 
1999; 64 FR 20214, Apr. 26, 1999; 67 FR 1003, Jan. 8, 2002; 67 FR 4818, 
Jan. 28, 2002; 67 FR 22017, May 2, 2002]

    Effective Date Note: At 67 FR 1003, 1004, Jan. 8, 2002, Sec. 679.23 
was amended by suspending paragraphs (d)(2), (e)(2), (e)(3), and 
(e)(4)(iii), effective Jan. 1, 2002, until July 8, 2002. In addition, 
new paragraph (e)(6)(i) was suspended until July 8, 2002. At 67 FR 
34860, May 16, 2002, the effective date was extended through Dec. 31, 
2002.