[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: 50CFR679.32]

[Page 700-704]
 
                    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. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. The CDQ group, the operator of a vessel 
groundfish CDQ fishing as defined at Sec. 679.2, the operator of a 
catcher/processor halibut CDQ fishing as defined at Sec. 679.2, the 
operator of a catcher vessel equal to or greater than 60 ft (18.3 m) LOA 
halibut CDQ fishing, the operator of a mothership taking deliveries from 
these vessels, and the manager of a shoreside processor taking 
deliveries

[[Page 701]]

from these vessels must comply with the requirements of paragraphs (b) 
through (d) of this section for all groundfish CDQ and PSQ. For the 
catch of halibut CDQ or for vessels halibut CDQ fishing, the CDQ group, 
the operator of the vessel, the shoreside processor, and the registered 
buyer must comply with the requirements of paragraph (f) of this 
section. In addition, the CDQ group is responsible for ensuring that 
vessels and processors listed as eligible on the CDQ group's approved 
CDP comply with all requirements of this section while harvesting or 
processing CDQ species.
    (b) PSQ catch. Time and area closures required once a CDQ group has 
reached its salmon PSQ or crab PSQ are listed in Sec. 679.7(d)(7) 
through (10). The catch of salmon or crab by vessels using other than 
trawl gear does not accrue to the PSQ for these species. The discard of 
halibut by vessels using pot or jig gear will not accrue to the halibut 
PSQ if this bycatch has been exempted from the halibut PSC limit under 
Sec. 679.21(e)(5) in the annual specifications published in the Federal 
Register.
    (c) Requirements for vessels and processors. In addition to 
complying with the minimum observer coverage requirements at 
Sec. 679.50(c)(4), operators of vessels groundfish CDQ fishing and 
managers of shoreside processors or stationary floating processors 
taking deliveries from vessels groundfish CDQ fishing must comply with 
the following requirements:
    (1) Catcher vessels without an observer. (i) Operators of catcher 
vessels less than 60 ft (18.3 m) LOA must retain all groundfish CDQ, 
halibut CDQ, and salmon PSQ until it is delivered to a processor that 
meets the requirements of paragraph (c)(3) or (c)(4) of this section 
unless retention of groundfish CDQ species is not authorized under 
Sec. 679.4 of this part, discard of the groundfish CDQ species is 
required under subpart B of this part, or, in waters within the State of 
Alaska, discard is required by laws of the State of Alaska. All halibut 
PSQ and crab PSQ must be discarded at sea. Operators of catcher vessels 
using trawl gear must report the at-sea discards of halibut PSQ or crab 
PSQ on the CDQ delivery report (see Sec. 679.5(n)(1)). Operators of 
catcher vessels using nontrawl gear must report the at-sea discards of 
halibut PSQ on the CDQ delivery report, unless exempted from accounting 
for halibut PSQ under paragraph (b) of this section.
    (ii) Catcher vessels delivering unsorted codends. Operators of 
catcher vessels delivering unsorted codends to motherships must retain 
all CDQ and PSQ species and deliver them to a mothership that meets the 
requirements of paragraph (c)(4) of this section.
    (2) Catcher vessels with observers. Operators of catcher vessels 
equal to or greater than 60 ft (18.29 m) LOA must comply with the 
following requirements:
    (i) If using trawl gear, the vessel operator must:
    (A) Retain all CDQ species and salmon PSQ until they are delivered 
to a processor that meets the requirements of paragraph (c)(3) or (c)(4) 
of this section unless retention of groundfish CDQ species is not 
authorized under Sec. 679.4 of this part, discard of the groundfish CDQ 
species is required under subpart B of this part, or, in waters within 
the State of Alaska, discard is required by laws of the State of Alaska;
    (B) Retain all halibut and crab PSQ in a bin or other location until 
it is counted and sampled by a CDQ observer; and
    (C) Provide space on the deck of the vessel for the CDQ observer to 
sort and store catch samples and a place from which to hang the observer 
sampling scale.
    (ii) If using nontrawl gear, the vessel operator must either:
    (A) Option 1: Retain all CDQ species. Retain all CDQ species until 
they are delivered to a processor that meets the requirements of 
paragraph (c)(3) or (c)(4) of this section unless retention of 
groundfish CDQ species is not authorized under Sec. 679.4 of this part, 
discard of the groundfish CDQ or PSQ species is required under subpart B 
of this part, or, in waters within the State of Alaska, discard is 
required by laws of the State of Alaska. Have all of the halibut PSQ 
counted by the CDQ observer and

[[Page 702]]

sampled for length or average weight; or
    (B) Option 2: Discard some CDQ species at sea. May discard some CDQ 
species at sea if the following requirements are met:
    (1) Observer sampling station. The vessel owner provides an observer 
sampling station that complies with Sec. 679.28(d) so that the CDQ 
observer can accurately determine the average weight of discarded CDQ 
species. A valid observer sampling station inspection report described 
at Sec. 679.28(d)(8) must be on board the vessel at all times when a 
sampling station is required; and
    (2) Species composition. Each CDQ set on vessels using hook-and-line 
gear is sampled for species composition by a CDQ observer.
    (3) Shoreside processors and stationary floating processors. The 
manager of a shoreside processor or stationary floating processor must 
comply with all of the following requirements:
    (i) Prior notice to observer of offloading schedule. Notify the CDQ 
observer of the offloading schedule of each CDQ delivery at least 1 hour 
prior to offloading to provide the CDQ observer an opportunity to 
monitor the sorting and weighing of the entire delivery.
    (ii) CDQ and PSQ by weight. Sort and weigh on a scale approved by 
the State of Alaska under Sec. 679.28(c) all groundfish and halibut CDQ 
or PSQ by species or species group.
    (iii) PSQ by number. Sort and count all salmon and crab PSQ.
    (iv) CDQ and PSQ sorting and weighing. Sorting and weighing of CDQ 
and PSQ must be monitored by a CDQ observer.
    (v) CDQ delivery report. Submit a CDQ delivery report described at 
Sec. 679.5(n)(1) for each delivery of groundfish CDQ.
    (4) Catcher/processors and motherships. The operator of a catcher/
processor or a mothership taking deliveries of unsorted codends from 
catcher vessels must comply with the following requirements:
    (i) Prior notice to observer of CDQ catch. Notify the CDQ 
observer(s) before CDQ catch is brought onboard the vessel and notify 
the CDQ observer(s) of the CDQ group and CDQ number associated with the 
CDQ catch.
    (ii) Observer sampling station. Provide an observer sampling station 
as described at Sec. 679.28(d). A valid observer sampling station 
inspection report described at Sec. 679.28(d)(8) must be on board the 
vessel at all times when a sampling station is required.
    (iii) Obtain the data entry software provided by the Regional 
Administrator (``ATLAS software'') for use by the observer and ensure 
that observer data can be transmitted from the vessel to NMFS at any 
time while the vessel is receiving, catching or processing CDQ species.
    (iv) Catcher/processors using trawl gear and motherships. The 
operator of a catcher/processor using trawl gear or of a mothership 
taking deliveries of unsorted codends from catcher vessels must weigh 
all catch on a scale that complies with the requirements of 
Sec. 679.28(b). A valid scale inspection report described at 
Sec. 679.28(b)(2) must be on board the vessel at all times when a scale 
is required. Catch from each CDQ haul must be weighed separately. Catch 
must not be sorted before it is weighed, unless a provision for doing so 
is approved by NMFS for the vessel in the CDP. Each CDQ haul must be 
sampled by a CDQ observer for species composition and the vessel 
operator must allow CDQ observers to use any scale approved by NMFS to 
weigh partial CDQ haul samples.
    (v) Catcher/processors using nontrawl gear. Each CDQ set on a vessel 
using hook-and-line gear must be sampled by a CDQ observer for species 
composition and average weight.
    (d) Recordkeeping and reporting--(1) Catch record. The manager of a 
shoreside processor or stationary floating processor must submit to NMFS 
the CDQ delivery report required in Sec. 679.5(n)(1). The CDQ 
representative must submit to NMFS the CDQ catch report required in 
Sec. 679.5(n)(2). Additionally, all other applicable requirements in 
Sec. 679.5 for groundfish fishing must be met.
    (2) Verification of CDQ and PSQ catch reports. CDQ groups may 
specify the sources of data listed below as the sources they will use to 
determine CDQ and PSQ catch on the CDQ catch report by specifying ``NMFS 
standard sources of data'' in their CDP. In the case of a

[[Page 703]]

catcher vessel using nontrawl gear, the CDP must specify whether the 
vessel will be retaining all groundfish CDQ (Option 1) or discarding 
some groundfish CDQ species at sea (Option 2). CDQ species may be 
discarded at sea by these vessels only if the requirements of paragraph 
(c)(2)(ii)(B) of this section are met. NMFS will use the following 
sources to verify the CDQ catch reports, unless an alternative catch 
estimation procedure in the CDP is approved by NMFS under 
Sec. 679.30(a)(5)(ii).
    (i) Catcher vessels less than 60 ft (18.29 m) LOA. The weight or 
numbers of all CDQ and PSQ species will be the same as the information 
on the CDQ delivery report if all CDQ species and salmon PSQ are 
retained on board the vessel, delivered to a shoreside processor listed 
as eligible in the CDP, and sorted and weighed in compliance with 
paragraph (c)(3) of this section.
    (ii) Catcher vessels delivering unsorted codends. The weight and 
numbers of CDQ and PSQ species will be determined by applying the 
species composition sampling data collected for each CDQ haul by the CDQ 
observer on the mothership to the total weight of each CDQ haul as 
determined by weighing all catch from each CDQ haul on a scale approved 
under Sec. 679.28(b).
    (iii) Observed catcher vessels using trawl gear. The weight of 
halibut and numbers of crab PSQ discarded at sea will be determined by 
using the CDQ observer's sample data. The weight or numbers of all 
groundfish CDQ and salmon PSQ will be the same as the information 
submitted on the CDQ delivery report if all CDQ species and salmon PSQ 
are retained on board the vessel until delivered to a processor listed 
as eligible in the CDP, and sorted and weighed in compliance with 
paragraph (c)(3) of this section.
    (iv) Observed catcher vessels using nontrawl gear--(A) Option 1. The 
weight of halibut PSQ discarded at sea will be determined by using the 
CDQ observer's sample data. The weight of all groundfish CDQ will be the 
same as the information submitted on the CDQ delivery report if all CDQ 
species are retained on board the vessel until delivered to a processor, 
and sorted and weighed in compliance with paragraph (c)(3) of this 
section (Option 1); or
    (B) Option 2. The weight of halibut PSQ and all groundfish CDQ 
species will be determined by applying the CDQ observer's species 
composition sampling data to the estimate of total catch weight if any 
CDQ species are discarded at sea.
    (v) Catcher/processors using trawl gear. The weight and numbers of 
CDQ and PSQ species will be determined by applying the CDQ observer's 
species composition sampling data for each CDQ haul to the total weight 
of the CDQ haul as determined by weighing all catch from each CDQ haul 
on a scale certified under Sec. 679.28(b).
    (vi) Catcher/processors using nontrawl gear. The weight of halibut 
PSQ and all groundfish CDQ species will be determined by applying the 
CDQ observer's species composition sampling data to the estimate of 
total catch weight, if any CDQ species are discarded at sea.
    (e) Pollock CDQ--(1) Directed fishing for pollock CDQ. Owners and 
operators of vessels directed fishing for pollock CDQ as calculated 
under Sec.  679.20(f)(3) and processors taking deliveries from vessels 
directed fishing for pollock CDQ must comply with all applicable 
requirements of paragraphs (a) through (d) of this section. Pollock 
catch by vessels directed fishing for pollock CDQ will accrue against 
the pollock CDQ for the CDQ group.
    (2) Catch of pollock by vessels not directed fishing for pollock 
CDQ. Pollock catch by vessels groundfish CDQ fishing, but not directed 
fishing for pollock CDQ as calculated under Sec.  679.20(f)(3), will not 
accrue against the pollock CDQ for the CDQ group.
    (3) Operators of all vessels participating in any CDQ fishery must 
retain all pollock caught while CDQ fishing as required at Sec.  679.27 
(IR/IU).
    (f) Halibut CDQ--(1) Applicability. The CDQ group, the operator of 
the vessel, the manager of a shoreside processor or stationary floating 
processor, and the registered buyer must comply with the requirements of 
this paragraph (f) for the catch of halibut CDQ or while halibut CDQ 
fishing.
    (2) Accounting for halibut CDQ catch--(i) Halibut CDQ permit. The 
CDQ group must obtain a halibut CDQ permit issued by the Regional 
Administrator. The vessel operator must have a copy

[[Page 704]]

of the halibut CDQ permit on any fishing vessel operated by, or for, a 
CDQ group that will have halibut CDQ onboard and must make the permit 
available for inspection by an authorized officer. The halibut CDQ 
permit is non-transferable and is issued annually until revoked, 
suspended, or modified.
    (ii) Halibut CDQ card. An individual must have onboard the vessel a 
valid halibut CDQ card issued by the Regional Administrator before 
landing any halibut CDQ. Each halibut CDQ card will identify a CDQ 
permit number and the individual authorized by the CDQ group to land 
halibut for debit against the CDQ group's halibut CDQ.
    (iii) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, landing card, registered buyer permit, or any valid 
and current permit or document issued under this part. Any such permit, 
card, or document that has been intentionally altered, erased, 
mutilated, or forged is invalid.
    (iv) Landings. A person may land halibut CDQ only if he or she has a 
valid halibut CDQ card, and that person may deliver halibut CDQ only to 
a person with a valid registered buyer permit. The person holding the 
halibut CDQ card and the registered buyer must comply with the 
requirements of Sec. 679.5(l)(1) and (l)(2).
    (v) The CDQ group, vessel owner or operator, and registered buyer 
must comply with all of the IFQ prohibitions at Sec. 679.7(f).
    (3) Accounting for catch of groundfish CDQ while halibut CDQ 
fishing. The manager of a shoreside processor or stationary floating 
processor must report on a CDQ delivery report described at 
Sec. 679.5(n)(1), all groundfish CDQ delivered by vessels equal to or 
greater than 60 ft (18.3 m) LOA while halibut CDQ fishing and all 
sablefish CDQ delivered by vessels of any size while halibut CDQ 
fishing. The CDQ group must report on a CDQ catch report described at 
Sec. 679.5(n)(2), all groundfish CDQ caught by vessels equal to or 
greater than 60 ft (18.3 m) LOA while halibut CDQ fishing and all 
sablefish CDQ retained by vessels of any size while halibut CDQ fishing. 
This groundfish CDQ will accrue to the CDQ group's groundfish CDQ 
allocations. The manager of a shoreside processor or stationary floating 
processor and the CDQ group are not required to report on the CDQ 
delivery report, groundfish, except sablefish CDQ, that is caught by 
vessels less than 60 ft (18.3 m) LOA while halibut CDQ fishing, and this 
catch (except sablefish CDQ) will not accrue against the CDQ group's 
groundfish CDQ allocations.
    (4) Groundfish CDQ retention requirements. Operators of vessels less 
than 60 ft (18.3 m) LOA are not required to retain and deliver 
groundfish CDQ species while halibut CDQ fishing, unless required to do 
so elsewhere in this part. Operators of vessels equal to or greater than 
60 ft (18.3 m) LOA are required to comply with all groundfish CDQ and 
PSQ catch accounting requirements in paragraphs (b) through (d) of this 
section, including the retention of all groundfish CDQ, if option 1 
under Sec. 679.32(c)(2)(ii) is selected in the CDP. CDQ species must be 
discarded when required by other provisions in subpart B of this part 
or, in waters within the State of Alaska, when discard is required by 
laws of the State of Alaska.
    (5) Observer coverage requirements. The owner or operator of a 
vessel equal to or greater than 60 ft (18.3 m) LOA halibut CDQ fishing 
as defined at Sec. 679.2 or shoreside processors taking deliveries from 
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut CDQ 
fishing must comply with observer coverage requirements at 
Sec. 679.50(c)(4) and (d)(4).

[63 FR 30407, June 4, 1998, as amended at 64 FR 3882, Jan. 26, 1999; 64 
FR 20214, Apr. 26, 1999; 64 FR 61982, Nov. 15, 1999; 65 FR 33783, May 
25, 2000; 66 FR 13678, Mar. 7, 2001; 67 FR 4133, 4148, Jan. 28, 2002; 67 
FR 18140, Apr. 15, 2002]

    Effective Date Note 1: At 63 FR 30407, June 4, 1998, Sec. 679.32 was 
revised. Paragraph 679.32(c)(4)(i) contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.

    Effective Date Note 2: At 67 FR 1004, Jan. 8, 2002, Sec. 679.32 was 
amended by suspending paragraphs (a)(2) and (e), effective Jan. 1, 2002 
until July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was 
extended through Dec. 31, 2002.

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