[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: 50CFR679.31] [Page 699-700] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart C--Western Alaska Community Development Quota Program Sec. 679.31 CDQ reserves. Portions of the CDQ and PSQ reserves for each subarea or district may be allocated for the exclusive use of CDQ applicants in accordance with CDPs approved by the Governor in consultation with the Council and approved by NMFS. NMFS will allocate no more than 33 percent of the total CDQ for all subareas and districts combined to any one applicant with an approved CDP application. (a) Pollock CDQ reserve. In the proposed and final harvest specifications required by Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for each subarea or district of the BSAI will be apportioned to a CDQ reserve for each subarea or district. (b) Halibut CDQ reserve. (1) NMFS will annually withhold from IFQ allocation the proportions of the halibut catch limit that are specified in paragraph (b) of this section for use as a CDQ reserve. [[Page 700]] (2) Portions of the CDQ for each specified IPHC regulatory area may be allocated for the exclusive use of an eligible Western Alaska community or group of communities in accordance with a CDP approved by the Governor in consultation with the Council and approved by NMFS. (3) The proportions of the halibut catch limit annually withheld for the halibut CDQ program, exclusive of issued QS, and the eligible communities for which they shall be made available are as follows for each IPHC regulatory area (see Figure 15 to this part): (i) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual halibut quota shall be made available to eligible communities physically located in, or proximate to, this regulatory area. (ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut quota shall be made available to eligible communities physically located in IPHC regulatory area 4C. (iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the annual halibut quota shall be made available to eligible communities located in, or proximate to, IPHC regulatory areas 4D and 4E. (iv) Area 4E. In IPHC regulatory area 4E, 100 percent of the halibut quota shall be made available to eligible communities located in, or proximate to, IPHC regulatory area 4E. A fishing trip limit of 6,000 lb (2.7 mt) applies to halibut CDQ harvesting in IPHC regulatory area 4E. (4) For the purposes of this section, ``proximate to'' an IPHC regulatory area means within 10 nm from the point where the boundary of the IPHC regulatory area intersects land. (c) Groundfish CDQ reserves. (See Sec. 679.20(b)(1)(iii)) (d) Crab CDQ reserves. For those king and Tanner crab species in the Bering Sea and Aleutian Islands Area that have a guideline harvest level specified by the State of Alaska, 7.5 percent of the annual guideline harvest level for each fishery is apportioned to a crab CDQ reserve. (e) PSQ reserve. (See Sec. 679.21(e)(1)(i) and (e)(2)(ii)). (f) Non-specific CDQ reserve. Annually, NMFS will apportion 15 percent of each arrowtooth flounder and ``other species'' CDQ for each CDQ group to a non-specific CDQ reserve. A CDQ group's non-specific CDQ reserve must be for the exclusive use of that CDQ group. A release from the non-specific CDQ reserve to the CDQ group's arrowtooth flounder or ``other species'' CDQ is a technical amendment to a community development plan as described in Sec. 679.30(g)(5). The technical amendment must be approved before harvests relying on CDQ transferred from the non-specific CDQ reserve may be conducted. (g) Non-specific CDQ reserve (applicable through July 8, 2002). Annually, NMFS will apportion 50 percent of the arrowtooth flounder CDQ and 15 percent of the ``other species'' CDQ for each CDQ group to a non- specific CDQ reserve. A CDQ group's non-specific CDQ reserve must be for the exclusive use of that CDQ group. A release from the non-specific reserve to the CDQ group's arrowtooth flounder or ``other species'' CDQ is a technical amendment to a community development plan as described in Sec. 679.30(g)(5). The technical amendment must be approved before harvests relying on CDQ transferred from the non-specific CDQ reserve may be conducted. [63 FR 8361, Feb. 19, 1998, as amended at 63 FR 30407, June 4, 1998; 64 FR 3882, Jan. 26, 1999; 64 FR 20214, Apr. 26, 1999; 64 FR 61982, Nov. 15, 1999; 66 FR 13678, Mar. 7, 2001; 67 FR 13293, Mar. 22, 2002] Effective Date Note: At 67 FR 1004, Jan. 8, 2002, Sec. 679.31 was amended by suspending paragraph (f), effective Jan. 1, 2002 until July 8, 2002, and adding paragraph (g), effective Jan. 1, 2002. At 67 FR 4133, Jan. 28, 2002, paragraph (a)(2) was removed, effective Jan. 25, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002.