[Federal Register: July 15, 2004 (Volume 69, Number 135)]
[Rules and Regulations]
[Page 42345-42355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy04-10]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 040624193-4193-01; I.D. 060304A]
RIN 0648-AS43
Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is re-arranging the Pacific Coast Groundfish regulations
so that they read in a more logical order. This final rule does not
make substantive changes to the existing regulations; rather, it
reorganizes regulatory measures into a more logical and cohesive order.
This final rule also amends references to Paperwork Reduction Act (PRA)
information-collection requirements to reflect this reorganization of
regulatory language. The purpose of this final rule is to make the
regulations more concise, better organized, and thereby easier for the
public to use.
DATES: Effective July 15, 2004.
FOR FURTHER INFORMATION CONTACT: Yvonne deReynier (Northwest Region,
NMFS), phone: 206-526-6129; fax: 206-526-6736; and e-mail:
yvonne.dereynier@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule also is accessible via the Internet at the Office
of the Federal Register's website at http://www.gpoaccess.gpo.gov/su_docs/aces/aces140.html
and at the NMFS Northwest Region website at
http://www.nwr.noaa.gov/1sustfsh/gfsh/gdfsh/gdfsh01.html.
Background
On September 4, 2003, NMFS approved Amendment 17 to the Pacific
Coast Groundfish Fishery Management Plan (FMP). Through Amendment 17,
the FMP will now set groundfish harvest specifications and management
measures via a biennial process. The first two-year management period
will occur from January 1, 2005, through December 31, 2006. The Pacific
Fishery Management Council (Council) made its final recommendation on
2005-2006 groundfish specifications and management measures at its June
2004 meeting in Foster City, CA. After receiving the Council's
recommendations, NMFS will develop a proposed rule to implement the
2005-2006 specifications and management measures through a public
notice-and-comment rulemaking process. The proposed rule, which is to
be published in the Federal Register, will announce a public comment
period and may be followed by a final rule, also published in the
Federal Register.
NMFS expects that the rulemaking for the 2005-2006 Pacific Coast
groundfish harvest specifications and management measures will result
in revisions to the Pacific Coast groundfish regulations at 50 CFR part
660, subpart G. NMFS has reviewed its Federal groundfish regulations in
anticipation of the need to incorporate the 2005-2006 specifications
and management measures rulemaking into the overall Federal groundfish
regulations at 50 CFR part 660, subpart G. As a result of this review,
NMFS has determined that Federal groundfish regulations should be
reorganized so that they are more logically arranged and better able to
incorporate the broad array of regulatory measures included in a
specifications and management measures package.
This final rule reorganizes Federal groundfish regulations at 50
CFR part 660, subpart G, so that: broadly applicable regulations,
including definitions and prohibitions, are found in Sec. Sec.
660.301-660.306; prohibitions in
[[Page 42346]]
Sec. 660.306 are arranged by topic, where possible; gear restrictions
and monitoring programs are found in Sec. Sec. 660.310-660.314;
allocations are found in Sec. Sec. 660.320-660.324; permit-related
regulations are found in Sec. Sec. 660.331-660.350; and regulations
regarding the setting of harvest specifications and management measures
are found in Sec. Sec. 660.365-660.390. Regulations concerning
Groundfish Conservation Areas (GCAs) have been moved to Sec. 660.390
in anticipation of the need to codify Rockfish Conservation Area (RCA)
boundaries, which include several hundred latitude-longitude
coordinates. By placing these coordinates-laden regulations at the end
of 50 CFR part 660, subpart G, NMFS will be able to codify the GCA
boundaries without interrupting the narrative flow of the overall
groundfish regulations. The only changes to regulatory text made via
this action will: (1) Remove an outdated reference to a disconnected
computerized hotline that has since been replaced with a website
intended to provide inseason information on management actions in the
Pacific whiting fisheries; and (2) refer readers of the West Coast
groundfish regulations definitions at Sec. 660.302 to nationwide
definitions of fisheries regulatory terms at Sec. 600.10 for
individual terms that appear in both nationwide regulations and in the
regulations specified to the groundfish fisheries.
The following table shows how NMFS has reorganized its West Coast
groundfish regulations via this action:
------------------------------------------------------------------------
Old Section (50 CFR part 660) New Section (50 CFR part 660)
------------------------------------------------------------------------
Sec. 660.301 Purpose and scope Sec. 660.301 Purpose and scope
(now includes what was Sec.
660.304(d)(1))
Sec. 660.302 Definitions Sec. 660.302 Definitions (now
includes what was Sec.
660.304(a), (b), (d)(2), and
(d)(3))
Sec. 660.304 Management areas, ................................
including conservation areas, and
commonly used geographic coordinates.
Moved[colon] Sec. 660.304(a), (b),
(d)(2) and (d)(3) moved to Sec.
660.302[semi] Sec. 660.304(c) moved
to Sec. 660.390[semi] Sec.
660.304(d)(1) moved to Sec.
660.301.
Sec. 660.306 Prohibitions Sec. 660.306 Prohibitions
(paragraphs reorganized)
Sec. 660.310 Gear restrictions
New section, moved from Sec.
660.322.
Sec. 660.312 Vessel Monitoring
System (VMS) requirements New
section, moved from Sec.
660.359.
Sec. 660.314 Groundfish
observer program New section,
moved from Sec. 660.360.
Sec. 660.320 Allocations New
section, moved from Sec.
660.323(a)(4)(i)(B),
(a)(4)(iii)-(vi), and from Sec.
660.332.
Sec. 660.321 Specifications and ................................
management measures Moved to Sec.
660.370
Sec. 660.322 Gear restrictions Moved ................................
to Sec. 660.310
Sec. 660.323 Catch restrictions Sec. 660.323 Pacific whiting
Moved: Sec. 660.323(a) introductory allocations, allocation
text, (b), and (c) moved to Sec. attainment, and inseason
660.370; Sec. 660.323(a)(1) moved allocation reapportionment
to Sec. 660.371; Sec. Revised to retain language
660.323(a)(2) moved to Sec. specific to whiting allocations
660.372; Sec. 660.323(a)(3), at former Sec. 660.323
(a)(4)(i)(A), (a)(4)(ii) and (vii) (a)(4)(i)(B), (iii), (iv), (v)
moved to Sec. 660.373; and (vi).
(a)(4)(i)(B), (iii), (iv), (v) and
(vi) retained as Sec. 660.323.
Sec. 660.332 Allocations Moved to ................................
Sec. 660.320
Sec. 660.359 Vessel Monitoring ................................
System (VMS) requirements Moved to
Sec. 660.312
Sec. 660.360 Groundfish observer ................................
program Moved to Sec. 660.314
Sec. 660.365 Overfished
Species Rebuilding Plans New
section, moved from Sec.
660.370.
Sec. 660.370 Overfished Species ................................
Rebuilding Plans Moved to Sec.
660.365
Sec. 660.370 Catch
Restrictions and Specifications
and Management Measures New
section, moved from Sec.
660.321 and Sec. 660.323(a)
introductory text, (b), and
(c).
Sec. 660.371 Black Rockfish
Fishery Management New section,
moved from Sec. 660.323(a)(1)
Sec. 660.372 Fixed Gear
Sablefish Fishery Management
New section, moved from Sec.
660.323(a)(2)
Sec. 660.373 Pacific whiting
(whiting) fishery management
New section, moved from Sec.
660.323(a)(3), and
(a)(4)(i)(A), (a)(4)(ii) and
(vii).
Sec. 660.390 Groundfish
Conservation Areas New section,
moved from Sec. 660.304(c)
------------------------------------------------------------------------
Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, Office
of Management and Budget (OMB), for each agency information collection.
Section 902.1(b) identifies the location of NOAA regulations for which
OMB approval numbers have been issued. Because this final rule
reorganizes the codification of many recordkeeping and reporting
requirements, 15 CFR 902.1(b) is revised to reference correctly the new
sections resulting from the consolidation.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
Pursuant to the Administrative Procedure Act (APA) at 5 U.S.C. 553
(d), the Assistant Administrator for Fisheries, NOAA, (AA), finds that
a 30-day delay in effectiveness of this rule does not apply since this
is a non-substantive rule.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause that
waiving prior notice and public comment is unnecessary because this
rule merely reorganizes and republishes the regulations in a more
logical format, and in a way that anticipates that new
[[Page 42347]]
biennial regulations will be incorporated into these regulations
beginning in 2005. With two exceptions, the contents of the regulations
are unchanged. The exceptions make no material change in the
regulations, and consist only of deleting an obsolete reference to a
hotline that no longer exists, and adding references to nationwide
definitions of some terms that also appear in these regulations.
The following collection-of-information requirements have already
been approved by OMB for U.S. fishing activities:
a. Approved under 0648-0243--Survey of intent and capacity to
harvest and process fish and shellfish, estimated at 5 minutes per
response (Sec. 660.303).
b. Approved under 0648-0305--Gear identification requirements,
estimated at 15 minutes per response (Sec. 660.310).
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: July 7, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 660.301 is revised to read as follows:
Sec. 660.301 Purpose and scope.
(a) This subpart implements the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) developed by the Pacific Fishery Management
Council. This subpart governs groundfish fishing vessels of the U.S. in
the EEZ off the coasts of Washington, Oregon, and California. All
weights are in round weight or round-weight equivalents, unless
specified otherwise.
(b) Any person fishing subject to this subpart is bound by the
international boundaries described in this section, notwithstanding any
dispute or negotiation between the U.S. and any neighboring country
regarding their respective jurisdictions, until such time as new
boundaries are established or recognized by the U.S.
0
3. Section 660.302 is amended as follows:
A. In the definition for ``Fishing gear'', paragraphs (2) and (4)
are revised, and paragraphs (9) through (22) are redesignated as
paragraphs (10) through (23);
B. The definitions for ``Fishery management area,``Groundfish
Conservation Area or GCA,'' ``Mobile transceiver unit,'' ``North-South
management area,'' and ``Vessel monitoring system or VMS'' are revised;
C. The definition for ``Footrope'' is redesignated as new paragraph
(9) under the definition for ``Fishing Gear''; and
D. The definitions of ``Allocation'', ``Catch, take, harvest'',
``Fishing'', ``Fishing vessel'', ``Operator'', ``Secretary'', ``Sell or
sale'', ``Trip'', and ``Vessel of the United States, or U.S. vessel''
are added.
The additions and revisions read as follows:
Sec. 660.302 Definitions.
* * * * *
Allocation. (See Sec. 660.10).
* * * * *
Catch, take, harvest. (See Sec. 660.10).
* * * * *
Fishery management area means the EEZ off the coasts of Washington,
Oregon, and California between 3 and 200 nm offshore, and bounded on
the north by the Provisional International Boundary between the U.S.
and Canada, and bounded on the south by the International Boundary
between the U.S. and Mexico. The inner boundary of the fishery
management area is a line coterminous with the seaward boundaries of
the States of Washington, Oregon, and California (the ``3-mile
limit''). The outer boundary of the fishery management area is a line
drawn in such a manner that each point on it is 200 nm from the
baseline from which the territorial sea is measured, or is a
provisional or permanent international boundary between the U.S. and
Canada or Mexico. All groundfish possessed between 0-200 nm offshore or
landed in Washington, Oregon, or California are presumed to have been
taken and retained from the EEZ, unless otherwise demonstrated by the
person in possession of those fish.
Fishing. (See Sec. 660.10).
Fishing gear ***
* * * * *
(2) Bottom trawl. A trawl in which the otter boards or the footrope
of the net are in contact with the seabed. It includes roller (or
bobbin) trawls, Danish and Scottish seine gear, and pair trawls fished
on the bottom. Any trawl net not meeting the requirements for a pelagic
trawl in Sec. 660.310 is a bottom trawl.
* * * * *
(4) Codend. (See Sec. Sec. 660.10 and 660.310(b)(4)).
* * * * *
Fishing vessel. (See Sec. 660.10).
* * * * *
Groundfish Conservation Area or GCA means a geographic area defined
by coordinates expressed in degrees latitude and longitude, created and
enforced for the purpose of contributing to the rebuilding of
overfished West Coast groundfish species. Specific GCAs area referred
to or defined at Sec. 660.390.
* * * * *
Mobile transceiver unit means a vessel monitoring system or VMS
device, as set forth at Sec. 660.312, installed on board a vessel that
is used for vessel monitoring and transmitting the vessel's position as
required by this subpart.
North-South management area means the management areas defined in
paragraphs (1)(i) through (v) of this definition (Vancouver, Columbia,
Eureka, Monterey Conception) or defined and bounded by one or more of
the commonly used geographic coordinates set out in paragraphs (2)(i)
through (xi) of this definition for the purposes of implementing
different management measures in separate sections of the U.S. West
Coast.
(1) Management areas--(i) Vancouver. (A) The northeastern boundary
is that part of a line connecting the light on Tatoosh Island, WA, with
the light on Bonilla Point on Vancouver Island, British Columbia (at
48[deg]35'75'' N. lat., 124[deg]43'00'' W. long.) south of the
International Boundary between the U.S. and Canada (at 48[deg]
29'37.19'' N. lat., 124[deg]43'33.19'' W. long.), and north of the
point where that line intersects with the boundary of the U.S.
territorial sea.
(B) The northern and northwestern boundary is a line connecting the
following coordinates in the order listed, which is the provisional
international boundary of the EEZ as shown on NOAA/NOS Charts
18480 and 18007:
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
1...................................... 48[deg]29'37.1 124[deg]43'33.1
9'' 9''
2...................................... 48[deg]30'11'' 124[deg]47'13''
3...................................... 48[deg]30'22'' 124[deg]50'21''
4...................................... 48[deg]30'14'' 124[deg]54'52''
5...................................... 48[deg]29'57'' 124[deg]59'14''
6...................................... 48[deg]29'44'' 125[deg]00'06''
7...................................... 48[deg]28'09'' 125[deg]05'47''
8...................................... 48[deg]27'10'' 125[deg]08'25''
9...................................... 48[deg]26'47'' 125[deg]09'12''
10..................................... 48[deg]20'16'' 125[deg]22'48''
11..................................... 48[deg]18'22'' 125[deg]29'58''
[[Page 42348]]
12..................................... 48[deg]11'05'' 125[deg]53'48''
13..................................... 47[deg]49'15'' 126[deg]40'57''
14..................................... 47[deg]36'47'' 127[deg]11'58''
15..................................... 47[deg]22'00'' 127[deg]41'23''
16..................................... 46[deg]42'05'' 128[deg]51'56''
17..................................... 46[deg]31'47'' 129[deg]07'39''
------------------------------------------------------------------------
(C) The southern limit is 47[deg]30' N. lat.
(ii) Columbia. (A) The northern limit is 47[deg]30' N. lat.
(B) The southern limit is 43[deg]00' N. lat.
(iii) Eureka. (A) The northern limit is 43[deg]00' N. lat.
(B) The southern limit is 40[deg]30' N. lat.
(iv) Monterey. (A) The northern limit is 40[deg]30' N. lat.
(B) The southern limit is 36[deg]00 N. lat.
(v) Conception. (A) The northern limit is 36[deg]00' N. lat.
(B) The southern limit is the U.S.-Mexico International Boundary,
which is a line connecting the following coordinates in the order
listed:
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
1...................................... 32[deg]35'22'' 117[deg]27'49''
2...................................... 32[deg]37'37'' 117[deg]49'31''
3...................................... 31[deg]07'58'' 118[deg]36'18''
4...................................... 30[deg]32'31'' 121[deg]51'58''
------------------------------------------------------------------------
(2) Commonly used geographic coordinates. (i) Washington/Oregon
border 4616' N. lat.
(ii) Cape Falcon, OR--4546' N. lat.
(iii) Cape Lookout, OR--4520'15'' N. lat.
(iv) Cape Blanco, OR--4250' N. lat.
(v) Oregon/California border--4200' N. lat.
(vi) Cape Mendocino, CA--4030' N. lat.
(vii) North/South management line--4010' N. lat.
(viii) Point Arena, CA--3857'30'' N. lat.
(ix) Point San Pedro, CA--3735'40'' N. lat.
(x) Point Lopez, CA--3600' N. lat.
(xi) Point Conception, CA--3427' N. lat.
* * * * *
Operator. (See Sec. 660.10).
* * * * *
Secretary. (See Sec. 660.10).
Sell or sale. (See Sec. 660.10).
Scientific research activity. (See Sec. 660.10).
* * * * *
Trip. (See Sec. 660.10).
* * * * *
Vessel monitoring system or VMS means a vessel monitoring system or
mobile transceiver unit as set forth in Sec. 660.312 and approved by
NMFS for use on vessels that take (directly or incidentally) species
managed under the Pacific Coast Groundfish FMP, as required by this
subpart.Vessel of the United States or U.S. vessel. (See Sec. 660.10).
0
4. In Sec. 660.303, paragraphs (a) and (d)(2)are revised to read as
follows:
Sec. 660.303 Reporting and recordkeeping.
(a) This subpart recognizes that catch and effort data necessary
for implementing the PCGFMP are collected by the States of Washington,
Oregon, and California under existing state data collection
requirements. Telephone surveys of the domestic industry may be
conducted by NMFS to determine amounts of whiting that may be available
for reallocation under 50 CFR 660.323(c). No Federal reports are
required of fishers or processors, so long as the data collection and
reporting systems operated by state agencies continue to provide NMFS
with statistical information adequate for management.
* * * * *
(d) * * *
(2) Declaration reports for non-trawl vessels intending to fish in
a conservation area. The operator of any vessel registered to a limited
entry permit with a longline or pot endorsement must provide NMFS OLE
with a declaration report, as specified at paragraph (d)(5) of this
section, to identify the intent to fish within the CCA, as defined at
Sec. 660.390, or any non-trawl RCA, as defined in the groundfish
annual management measures that are published in the Federal Register.
* * * * *
Sec. 660.304 [Removed]
0
5. Remove Sec. 660.304.
0
6. Section 660.306 is revised to read as follows:
Sec. 660.306 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to:
(a) General. (1) Sell, offer to sell, or purchase any groundfish
taken in the course of recreational groundfish fishing.
(2) Retain any prohibited species (defined in Sec. 660.302 and
restricted in Sec. 660.370(e)) caught by means of fishing gear
authorized under this subpart or unless authorized by part 600 of this
chapter. Prohibited species must be returned to the sea as soon as
practicable with a minimum of injury when caught and brought on board.
(3) Falsify or fail to affix and maintain vessel and gear markings
as required by Sec. 660.305 or Sec. 660.310.
(4) Fish for groundfish in violation of any terms or conditions
attached to an EFP under Sec. 600.745 of this chapter or Sec.
660.350.
(5) Fish for groundfish using gear not authorized under Sec.
660.310 or in violation of any terms or conditions attached to an EFP
under Sec. 660.350 or part 600 of this chapter.
(6) Take and retain, possess, or land more groundfish than
specified under Sec. Sec. 660.370 through 660.373, or under an EFP
issued under Sec. 660.350 or part 600 of this chapter.
(7) Fail to sort, prior to the first weighing after offloading,
those groundfish species or species groups for which there is a trip
limit, size limit, quota, or harvest guideline, if the vessel fished or
landed in an area during a time when such trip limit, size limit,
harvest guideline or quota applied.
(8) Possess, deploy, haul, or carry onboard a fishing vessel
subject to this subpart a set net, trap or pot, longline, or commercial
vertical hook-and-line that is not in compliance with the gear
restrictions in Sec. 660.310, unless such gear is the gear of another
vessel that has been retrieved at sea and made inoperable or stowed in
a manner not capable of being fished. The disposal at sea of such gear
is prohibited by Annex V of the International Convention for the
Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
(9) Refuse to submit fishing gear or fish subject to such person's
control to inspection by an authorized officer, or to interfere with or
prevent, by any means, such an inspection.
(10) Take, retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the primary limited entry,
fixed gear sablefish season from a vessel authorized under Sec.
660.372(a) to participate in that season, as described at Sec.
660.372(b).
(11) Take and retain, possess, or land groundfish in excess of the
landing limit for the open access fishery without having a valid
limited entry permit for the vessel affixed with a gear endorsement for
the gear used to catch the fish.
(b) Reporting and recordkeeping.(1) Falsify or fail to make and/or
file, retain or make available any and all reports of groundfish
landings, containing all data, and in the exact manner, required by the
applicable State law, as specified in Sec. 660.303, provided that
person is required to do so by the applicable state law.
(2) Fail to retain on board a vessel from which groundfish is
landed, and provide to an authorized officer upon
[[Page 42349]]
request, copies of any and all reports of groundfish landings, or
receipts containing all data, and made in the exact manner required by
the applicable state law throughout the cumulative limit period during
which such landings occurred and for 15 days thereafter.
(c) Limited entry fisheries. (1) Fish with groundfish trawl gear,
or carry groundfish trawl gear on board a vessel that also has
groundfish on board, without having a limited entry permit valid for
that vessel affixed with a gear endorsement for trawl gear, with the
following exception. A vessel with groundfish on board may carry
groundfish trawl gear if:
(i) The vessel is in continuous transit from outside the fishery
management area to a port in Washington, Oregon, or California; or
(ii) The vessel is a mothership, in which case trawl nets and doors
must be stowed in a secured and covered manner, and detached from all
towing lines, so as to be rendered unusable for fishing.
(2) Carry on board a vessel, or deploy, limited entry gear when the
limited entry fishery for that gear is closed, except a vessel may
carry on board limited entry gear as provided in paragraph (c)(1) of
this section.
(d) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under
Sec. 660.370(c)(1)(ii), more than the amount of the trip limit set for
black rockfish by Sec. 660.371 while that vessel is fishing between
the U.S.-Canada border and Cape Alava (48[deg]09'30'' N. lat.), or
between Destruction Island (47[deg]40'00'' N. lat.) and Leadbetter
Point (46[deg]38'10'' N. lat.).
(e) Sablefish fisheries. Take, retain, possess or land sablefish
under the cumulative limits provided for the primary limited entry,
fixed gear sablefish season, described in Sec. 660.372, from a vessel
that is not registered to a limited entry permit with a sablefish
endorsement.
(f) Pacific whiting fisheries. (1) Process whiting in the fishery
management area during times or in areas where at-sea processing is
prohibited for the sector in which the vessel participates, unless:
(i) The fish are received from a member of a Pacific Coast treaty
Indian tribe fishing under Sec. 660.324;
(ii) The fish are processed by a waste-processing vessel according
to Sec. 660.373(i); or
(iii) The vessel is completing processing of whiting taken on board
during that vessel's primary season.
(2) Take and retain or receive, except as cargo or fish waste,
whiting on a vessel in the fishery management area that already
possesses processed whiting on board, during times or in areas where
at-sea processing is prohibited for the sector in which the vessel
participates, unless the fish are received from a member of a Pacific
Coast treaty Indian tribe fishing under Sec. 660.324.
(3) Participate in the mothership or shoreside sector as a catcher
vessel that does not process fish, if that vessel operates in the same
calendar year as a catcher/processor in the whiting fishery, according
to Sec. 660.373(h)(2).
(4) Operate as a waste-processing vessel within 48 hours of a
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.373(i).
(5) Fail to keep the trawl doors on board the vessel and attached
to the trawls on a vessel used to fish for whiting, when taking and
retention is prohibited under Sec. 660.373(f).
(g) Limited entry permits. (1) Fail to carry on board a vessel the
limited entry permit registered for use with that vessel, if a limited
entry permit is registered for use with that vessel.
(2) Make a false statement on an application for issuance, renewal,
transfer, vessel registration, or replacement of a limited entry
permit.
(h) Fishing in conservation areas. (1) Fish with any trawl gear,
including exempted gear used to take pink shrimp, ridgeback prawns,
California halibut south of Pt. Arena, CA, and sea cucumber; or with
trawl gear from a tribal vessel or with any gear from a vessel
registered to a groundfish limited entry permit in a conservation area
unless the vessel owner or operator has a valid declaration
confirmation code or receipt for fishing in a conservation area as
specified at Sec. 660.303(d)(5).
(2) Operate any vessel registered to a limited entry permit with a
trawl endorsement and trawl gear on board in a Trawl Rockfish
Conservation Area or a Cowcod Conservation Area (as defined at Sec.
660.302), except for purposes of continuous transiting, with all
groundfish trawl gear stowed in accordance with Sec. 660.310(b)(7), or
except as authorized in the annual or biennial groundfish management
measures published in the Federal Register.
(3) Operate any vessel registered to a limited entry permit with a
longline or trap (pot) endorsement and longline and/or trap gear
onboard in a Nontrawl Rockfish Conservation Area or a Cowcod
Conservation Area (as defined at Sec. 660.302), except for purposes of
continuous transiting, or except as authorized in the annual or
biennial groundfish management measures published in the Federal
Register.
(i) Groundfish observer program. (1) Forcibly assault, resist,
oppose, impede, intimidate, harass, sexually harass, bribe, or
interfere with an observer.
(2) Interfere with or bias the sampling procedure employed by an
observer, including either mechanically or physically sorting or
discarding catch before sampling.
(3) Tamper with, destroy, or discard an observer's collected
samples, equipment, records, photographic film, papers, or personal
effects without the express consent of the observer.
(4) Harass an observer by conduct that:
(i) Has sexual connotations,
(ii) Has the purpose or effect of interfering with the observer's
work performance, and/or
(iii) Otherwise creates an intimidating, hostile, or offensive
environment. In determining whether conduct constitutes harassment, the
totality of the circumstances, including the nature of the conduct and
the context in which it occurred, will be considered. The determination
of the legality of a particular action will be made from the facts on a
case-by-case basis.
(5) Fish for, land, or process fish without observer coverage when
a vessel is required to carry an observer under Sec. 660.314(c).
(6) Require, pressure, coerce, or threaten an observer to perform
duties normally performed by crew members, including, but not limited
to, cooking, washing dishes, standing watch, vessel maintenance,
assisting with the setting or retrieval of gear, or any duties
associated with the processing of fish, from sorting the catch to the
storage of the finished product.
(7) Fail to provide departure or cease fishing reports specified at
Sec. 660.312(c)(2).
(8) Fail to meet the vessel responsibilities specified at Sec.
660.312(d).
(j) Vessel monitoring systems. (1) Use any vessel registered to a
limited entry permit to operate in State or Federal waters seaward of
the baseline from which the territorial sea is measured off the States
of Washington, Oregon or California, unless that vessel carries a NMFS
OLE type-approved mobile transceiver unit and complies with the
requirements described at Sec. 660.312.
(2) Fail to install, activate, repair or replace a mobile
transceiver unit prior to leaving port as specified at Sec. 660.312.
[[Page 42350]]
(3) Fail to operate and maintain a mobile transceiver unit on board
the vessel at all times as specified at Sec. 660.312.
(4) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VMS, mobile
transceiver unit, or VMS signal required to be installed on or
transmitted by a vessel as specified at Sec. 660.312.
(5) Fail to contact NMFS OLE or follow NMFS OLE instructions when
automatic position reporting has been interrupted as specified at Sec.
660.312.
(6) Register a VMS transceiver unit registered to more than one
vessel at the same time.
Sec. 660.322 [Redesignated as Sec. 660.310 and Amended]
0
7. Section 660.322 is redesignated as Sec. 660.310 and newly
redesignated section heading and paragraph (b)(5) are revised to read
as follows:
Sec. 660.310 Gear restrictions and gear identification.
* * * * *
(b) * * *
(5) Large and small footrope trawl gear. Large footrope gear is
bottom trawl gear, as specified at Sec. 660.302, with a footrope
diameter larger than 8 inches (20 cm) (including rollers, bobbins or
other material encircling or tied along the length of the footrope.)
Small footrope trawl gear is bottom trawl gear, as specified at Sec.
660.302 and herein at paragraph (b) of this section, with a footrope
diameter of 8 inches (20 cm) or smaller (including rollers, bobbins or
other material encircling or tied along the length of the footrope).
Chafing gear may be used only on the last 50 meshes of a small footrope
trawl, measured from the terminal (closed) end of the codend. Other
lines or ropes that run parallel to the footrope may not be augmented
to violate the footrope size restrictions. For enforcement purposes,
the footrope will be measured in a straight line from the outside edge
to the opposite outside edge at the widest part on any individual part,
including any individual disk, roller, bobbin, or any other device.
* * * * *
0
8. Section 660.359 is redesignated as Sec. 660.312, and newly
redesignated Sec. 660.312 is amended in paragraph (d)(7) by removing
the words ``U.S. Coast Guard'' and adding in their place ``USCG,'' and
paragraphs (d)(4) introductory text and (d)(4)(iv) are revised to read
as follows:
Sec. 660.312 Vessel Monitoring System (VMS) requirements.
* * * * *
(d) * * *
(4) VMS exemptions. A vessel that is required to operate the mobile
transceiver unit continuously 24 hours a day throughout the calendar
year maybe exempted from this requirement if a valid exemption report,
as described at paragraph (d)(4)(iii) of this section, is received by
NMFS OLE and the vessel is in compliance with all conditions and
requirements of the VMS exemption identified in this section.
* * * * *
(iv) Exemption reports must be received by NMFS at least 2 hours
and not more than 24 hours before the exempted activities defined at
paragraph (d)(4)(i) and (ii) of this section occur. An exemption report
is valid until NMFS receives a report canceling the exemption. An
exemption cancellation must be received at least 2 hours before the
vessel re-enters the EEZ following an outside areas exemption or at
least 2 hours before the vessel is placed back in the water following a
haul out exemption.
* * * * *
Sec. 660.360 [Redesignated as Sec. 660.314 and Amended]
0
9. Section 660.360 is redesignated as Sec. 660.314, and newly
designated Sec. 660.314 is amended as follows:
A. In paragraph (c)(2)(ii), remove the words ``Pacific Coast
Groundfish Fishery Management Plan'' and add in their place ``PCGFMP'';
B. In paragraph (d)(2), remove the words ``U.S. Coast Guard'' and
add in their place ``USCG''; and
C. In paragraph (d)(3)(i), remove the words ``United States'' and
add in their place ``U.S.''.
Sec. 660.332 [Redesignated as Sec. 660.320]
0
10. Section 660.332 is redesignated as Sec. 660.320.
0
11. Section 660.323 is revised to read as follows:
Sec. 660.323 Pacific whiting allocations, allocation attainment, and
inseason allocation reapportionment.
(a) Allocations. The commercial harvest guideline for whiting is
allocated among three sectors, as follows: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent
for the shoreside sector. No more than 5 percent of the shoreside
allocation may be taken and retained south of 42[deg] N. lat. before
the start of the primary season north of 42[deg] N. lat. These
allocations are harvest guidelines unless otherwise announced in the
Federal Register.
(b) Reaching an allocation. If the whiting harvest guideline,
commercial harvest guideline, or a sector's allocation is reached, or
is projected to be reached, the following action(s) for the applicable
sector(s) may be taken as provided under paragraph (e) of this section
and will remain in effect until additional amounts are made available
the next fishing year or under paragraph (e) of this section.
(1) Catcher/processor sector. Further taking and retaining,
receiving, or at-sea processing of whiting by a catcher/processor is
prohibited. No additional unprocessed whiting may be brought on board
after at-sea processing is prohibited, but a catcher/processor may
continue to process whiting that was on board before at-sea processing
was prohibited.
(2) Mothership sector. Further receiving or at-sea processing of
whiting by a mothership is prohibited. No additional unprocessed
whiting may be brought on board after at-sea processing is prohibited,
but a mothership may continue to process whiting that was on board
before at-sea processing was prohibited. Whiting may not be taken and
retained, possessed, or landed by a catcher vessel participating in the
mothership sector.
(3) Shoreside sector. Whiting may not be taken and retained,
possessed, or landed by a catcher vessel participating in the shoreside
sector except as authorized under a trip limit specified under Sec.
660.370(c).
(4) Shoreside south of 42[deg] N. lat. If 5 percent of the
shoreside allocation for whiting is taken and retained south of 42[deg]
N. lat. before the primary season for the shoreside sector begins north
of 42[deg] N. lat., then a trip limit specified under Sec. 660.370(c)
may be implemented south of 42[deg] N. lat. until the northern primary
season begins, at which time the southern primary season would resume.
(c) Reapportionments. That portion of a sector's allocation that
the Regional Administrator determines will not be used by the end of
the fishing year shall be made available for harvest by the other
sectors, if needed, in proportion to their initial allocations, on
September 15 or as soon as practicable thereafter. NMFS may release
whiting again at a later date to ensure full utilization of the
resource. Whiting not needed in the fishery authorized under Sec.
660.324 may also be made available.
(d) Estimates. Estimates of the amount of whiting harvested will be
based on actual amounts harvested, projections of amounts that will be
harvested, or a combination of the two. Estimates of the
[[Page 42351]]
amount of Pacific whiting that will be used by shoreside processors by
the end of the fishing year will be based on the best information
available to the Regional Administrator from state catch and landings
data, the survey of domestic processing capacity and intent, testimony
received at Council meetings, and/or other relevant information.
(e) Announcements. The Assistant Administrator will announce in the
Federal Register when a harvest guideline, commercial harvest
guideline, or an allocation of whiting is reached, or is projected to
be reached, specifying the appropriate action being taken under
paragraph (b) of this section. The Regional Administrator will announce
in the Federal Register any reapportionment of surplus whiting to
others sectors on September 15, or as soon as practicable thereafter.
In order to prevent exceeding the limits or to avoid underutilizing the
resource, prohibitions against further taking and retaining, receiving,
or at-sea processing of whiting, or reapportionment of surplus whiting
may be made effective immediately by actual notice to fishermen and
processors, by e-mail, internet (http://www.nwr.noaa.gov/lsustfsh/groundfish/whiting_mgt.htm
), phone, fax, letter, press release, and/or USCG
Notice to Mariners (monitor channel 16 VHF), followed by publication in
the Federal Register, in which instance public comment will be sought
for a reasonable period of time thereafter. If insufficient time exists
to consult with the Council, the Regional Administrator will inform the
Council in writing of actions taken.
0
12. In Sec. 660.334, paragraphs (b), (c)(1)(i), and (d)(1) are revised
to read as follows:
Sec. 660.334 Limited entry permits - endorsements.
* * * * *
(b) Gear endorsements. There are three types of gear endorsements:
trawl, longline and pot (trap). When limited entry permits were first
issued, some vessel owners qualified for more than one type of gear
endorsement based on the landings history of their vessels. Each
limited entry permit has one or more gear endorsement(s). Gear
endorsement(s) assigned to the permit at the time of issuance will be
permanent and shall not be modified. While participating in the limited
entry fishery, the vessel registered to the limited entry permit is
authorized to fish the gear(s) endorsed on the permit. While
participating in the limited entry, primary fixed gear fishery for
sablefish described at Sec. 660.372, a vessel registered to more than
one limited entry permit is authorized to fish with any gear, except
trawl gear, endorsed on at least one of the permits registered for use
with that vessel. During the limited entry fishery, permit holders may
also fish with open access gear; except that vessels fishing against
primary sablefish season cumulative limits described at Sec.
660.372(b)(3) may not fish with open access gear against those limits.
* * * * *
(c) * * *
(1) * * *
(i) If the permit is registered for use with a trawl vessel that is
more than 5 ft (1.52 m) shorter than the size for which the permit is
endorsed, it will be endorsed for the size of the smaller vessel. This
requirement does not apply to a permit with a sablefish endorsement
that is endorsed for both trawl and either longline or pot gear and
which is registered for use with a longline or pot gear vessel for
purposes of participating in the limited entry primary fixed gear
sablefish fishery described at Sec. 660.372.
* * * * *
(d) * * *
(1) General. Participation in the limited entry fixed gear
sablefish fishery during the primary season described in Sec. 660.372
north of 36[deg] N. lat., requires that an owner of a vessel hold (by
ownership or lease) a limited entry permit, registered for use with
that vessel, with a longline or trap (or pot) endorsement and a
sablefish endorsement. Up to three permits with sablefish endorsements
may be registered for use with a single vessel. Limited entry permits
with sablefish endorsements are assigned to one of three different
cumulative trip limit tiers, based on the qualifying catch history of
the permit.
* * * * *
0
13. In Sec. 660.335, paragraph (c) is revised to read as follows:
Sec. 660.335 Limited entry permits - renewal, combination, stacking,
change of permit ownership or permit holdership, and transfer.
* * * * *
(c) ``Stacking'' Limited Entry Permits. ``Stacking'' limited entry
permits refers to the practice of registering more than one permit for
use with a single vessel. Only limited entry permits with sablefish
endorsements may be ``stacked.'' Up to three limited entry permits with
sablefish endorsements may be registered for use with a single vessel
during the primary sablefish season described at Sec. 660.372(b).
Privileges, responsibilities, and restrictions associated with stacking
permits to participate in the primary sablefish fishery are described
at Sec. 660.372 and at Sec. 660.334(d).
* * * * *
0
14. In Sec. 660.350, paragraph (a)(6) is revised to read as follows:
Sec. 660.350 Compensation with fish for collecting resource
information--exempted fishing permits off Washington, Oregon, and
California.
* * * * *
(a) * * *
(6) Accounting for the compensation catch. As part of the harvest
specifications process (Sec. 660.370), NMFS will advise the Council of
the amount of fish authorized to be retained under a compensation EFP,
which then will be deducted from the next harvest specifications (ABCs)
set by the Council. Fish authorized in an EFP too late in the year to
be deducted from the following year's ABCs will be accounted for in the
next management cycle where it is practicable to do so.
* * * * *
Sec. 660.370 [Redesignated as Sec. 660.365]
0
15. Section 660.370 is redesignated as Sec. 660.365.
0
16. A new Sec. 660.370 is added to read as follows:
Sec. 660.370 Specifications and management measures.
(a) General. NMFS will establish and adjust specifications and
management measures biennially or annually and during the fishing year.
Management of the Pacific Coast groundfish fishery will be conducted
consistent with the standards and procedures in the PCGFMP and other
applicable law. The PCGFMP is available from the Regional Administrator
or the Council.
(b) Biennial actions. The Pacific Coast Groundfish fishery is
managed on a biennial, calendar year basis. Harvest specifications and
management measures will be announced biennially, with the harvest
specifications for each species or species group set for two sequential
calendar years. In general, management measures are designed to
achieve, but not exceed, the specifications, particularly optimum
yields (harvest guidelines and quotas), commercial harvest guidelines
and quotas, limited entry and open access allocations, or other
approved fishery allocations, and to protect overfished and depleted
stocks.
(c) Routine management measures. In addition to the catch
restrictions in Sec. Sec. 660.371 through 660.373, other catch
restrictions that are likely to be adjusted on a biennial or more
frequent basis
[[Page 42352]]
may be imposed and announced by a single notification in the Federal
Register if good cause exists under the APA to waive notice and
comment, and if they have been designated as routine through the two-
meeting process described in the PCGFMP. The following catch
restrictions have been designated as routine:
(1) Commercial limited entry and open access fisheries-
(i) Trip landing and frequency limits, size limits, all gear. Trip
landing and frequency limits have been designated as routine for the
following species or species groups: widow rockfish, canary rockfish,
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, splitnose
rockfish, bocaccio, cowcod, minor nearshore rockfish or shallow and
deeper minor nearshore rockfish, shelf or minor shelf rockfish, and
minor slope rockfish; DTS complex which is composed of Dover sole,
sablefish, shortspine thornyheads, and longspine thornyheads; petrale
sole, rex sole, arrowtooth flounder, Pacific sanddabs, and the flatfish
complex, which is composed of those species plus any other flatfish
species listed at Sec. 660.302; Pacific whiting; lingcod; and ``other
fish'' as a complex consisting of all groundfish species listed at
Sec. 660.302 and not otherwise listed as a distinct species or species
group. Size limits have been designated as routine for sablefish and
lingcod. Trip landing and frequency limits and size limits for species
with those limits designated as routine may be imposed or adjusted on a
biennial or more frequent basis for the purpose of keeping landings
within the harvest levels announced by NMFS, and for the other purposes
given in paragraphs (c)(1)(i)(A) and (B) of this section.
(A) Trip landing and frequency limits. To extend the fishing
season; to minimize disruption of traditional fishing and marketing
patterns; to reduce discards; to discourage target fishing while
allowing small incidental catches to be landed; to protect overfished
species; to allow small fisheries to operate outside the normal season;
and, for the open access fishery only, to maintain landings at the
historical proportions during the 1984-88 window period.
(B) Size limits. To protect juvenile fish; to extend the fishing
season.
(ii) Differential trip landing and frequency limits based on gear
type, closed seasons. Trip landing and frequency limits that differ by
gear type and closed seasons may be imposed or adjusted on a biennial
or more frequent basis for the purpose of rebuilding and protecting
overfished or depleted stocks.
(2) Recreational fisheries all gear types. Routine management
measures for all groundfish species, separately or in any combination,
include bag limits, size limits, time/area closures, boat limits, hook
limits, and dressing requirements. All routine management measures on
recreational fisheries are intended to keep landings within the harvest
levels announced by NMFS, to rebuild and protect overfished or depleted
species, and to maintain consistency with State regulations, and for
the other purposes set forth in this section.
(i) Bag limits. To spread the available catch over a large number
of anglers; to protect and rebuild overfished species; to avoid waste.
(ii) Size limits. To protect juvenile fish; to protect and rebuild
overfished species; to enhance the quality of the recreational fishing
experience.
(iii) Season duration restrictions. To spread the available catch
over a large number of anglers; to protect and rebuild overfished
species; to avoid waste; to enhance the quality of the recreational
fishing experience.
(3) All fisheries, all gear types depth-based management measures.
Depth-based management measures, particularly the setting of closed
areas known as Groundfish Conservation Areas may be imposed on any
sector of the groundfish fleet using specific boundary lines that
approximate depth contours with latitude/longitude waypoints. Depth-
based management measures and the setting of closed areas may be used
to protect and rebuild overfished stocks.
(d) Changes to the regulations. Regulations under this subpart may
be promulgated, removed, or revised. Any such action will be made
according to the framework standards and procedures in the PCGFMP and
other applicable law, and will be published in the Federal Register.
(e) Prohibited species. Groundfish species or species groups under
the PCGFMP for which quotas have been achieved and/or the fishery
closed are prohibited species. In addition, the following are
prohibited species:
(1) Any species of salmonid.
(2) Pacific halibut.
(3) Dungeness crab caught seaward of Washington or Oregon.
(f) Applicability. Groundfish species harvested in the territorial
sea (0-3 nm) will be counted toward the catch limitations in
Sec. Sec. 660.370-660.373.
0
17. Section 660.371 is added to read as follows:
Sec. 660.371 Black rockfish fishery management.
The trip limit for black rockfish (Sebastes melanops) for
commercial fishing vessels using hook-and-line gear between the U.S.-
Canada border and Cape Alava (48[deg]09'30'' N. lat.), and between
Destruction Island (47[deg]40' N. lat.) and Leadbetter Point
(46[deg]38'10'' N. lat.), is 100 lbs (45 kg) or 30 percent, by weight
of all fish on board, whichever is greater, per vessel per fishing
trip.
0
18. Section 660.372 is added to read as follows:
Sec. 660.372 Fixed gear sablefish fishery management.
This section applies to the primary season for the fixed gear
limited entry sablefish fishery north of 36[deg] N. lat., except for
paragraph (c), of this section, which also applies to the open access
fishery north of 36[deg] N. lat. Limited entry and open access fixed
gear sablefish fishing south of 36[deg] N. lat. is governed by routine
management measures imposed under Sec. 660.370 (c).
(a) Sablefish endorsement. A vessel may not participate in the
primary season for the fixed gear limited entry fishery, unless at
least one limited entry permit with both a gear endorsement for
longline or trap (or pot) gear and a sablefish endorsement is
registered for use with that vessel. Permits with sablefish
endorsements are assigned to one of three tiers, as described at Sec.
660.334(d).
(b) Primary season limited entry, fixed gear sablefish fishery- (1)
Season dates. North of 36[deg] N. lat., the primary sablefish season
for limited entry, fixed gear vessels begins at 12 noon l.t. on April 1
and ends at 12 noon l.t. on October 31, unless otherwise announced by
the Regional Administrator.
(2) Gear type. During the primary season and when fishing against
primary season cumulative limits, each vessel authorized to participate
in that season under paragraph (a) of this section may fish for
sablefish with any of the gear types, except trawl gear, endorsed on at
least one of the permits registered for use with that vessel.
(3) Cumulative limits. (i) A vessel participating in the primary
season will be constrained by the sablefish cumulative limit associated
with each of the permits registered for use with that vessel. The
Regional Administrator will biennially or annually calculate the size
of the cumulative trip limit for each of the three tiers associated
with the sablefish endorsement such that the ratio of limits between
the tiers is approximately 1:1.75:3.85 for Tier 3:Tier 2:Tier 1,
respectively. The size of the cumulative trip limits will vary
[[Page 42353]]
depending on the amount of sablefish available for the primary fishery
and on estimated discard mortality rates within the fishery. The size
of the cumulative trip limits for the three tiers in the primary
fishery will be announced in the Federal Register.
(ii) During the primary season, each vessel authorized to
participate in that season under paragraph (a) of this section may
take, retain, possess, and land sablefish, up to the cumulative limits
for each of the permits registered for use with that vessel. If
multiple limited entry permits with sablefish endorsements are
registered for use with a single vessel, that vessel may land up to the
total of all cumulative limits announced in the Federal Register for
the tiers for those permits, except as limited by paragraph (b)(3)(iii)
of this section. Up to 3 permits may be registered for use with a
single vessel during the primary season; thus, a single vessel may not
take and retain, possess or land more than 3 primary season sablefish
cumulative limits in any one year. A vessel registered for use with
multiple limited entry permits is subject to per vessel limits for
species other than sablefish, and to per vessel limits when
participating in the daily trip limit fishery for sablefish under
paragraph (c) of this section.
(iii) If a permit is registered to more than one vessel during the
primary season in a single year, the second vessel may only take the
portion of the cumulative limit for that permit that has not been
harvested by the first vessel to which the permit was registered. The
combined primary season sablefish landings for all vessels registered
to that permit may not exceed the cumulative limit for the tier
associated with that permit.
(iv) A cumulative trip limit is the maximum amount of sablefish
that may be taken and retained, possessed, or landed per vessel in a
specified period of time, with no limit on the number of landings or
trips.
(c) Limited entry and open access daily trip limit fisheries. (1)
Before the start of the primary season, all sablefish landings made by
a vessel authorized under paragraph (a) of this section to participate
in the primary season will be subject to the restrictions and limits of
the limited entry daily trip limit fishery for sablefish, which is
governed by routine management measures imposed under Sec. 660.370(c).
(2) Following the start of the primary season, all landings made by
a vessel authorized under paragraph (a) of this section to participate
in the primary season will count against the primary season cumulative
limit(s) associated with the permit(s) registered for use with that
vessel. Once a vessel has reached its total cumulative allowable
sablefish landings for the primary season under paragraph (b)(3) of
this section, any subsequent sablefish landings by that vessel will be
subject to the restrictions and limits of the limited entry daily trip
limit fishery for sablefish for the remainder of the calendar year.
(3) Vessels registered for use with a limited entry, fixed gear
permit that does not have a sablefish endorsement may participate in
the limited entry, daily trip limit fishery for as long as that fishery
is open during the year, subject to routine management measures imposed
under Sec. 660.370.
(4) Open access vessels may participate in the open access, daily
trip limit fishery for as long as that fishery is open during the year,
subject to the routine management measures imposed under Sec.
660.370(c).
(d) Trip limits. Trip and/or frequency limits may be imposed in the
limited entry fishery on vessels that are not participating in the
primary season under Sec. 660.370(c). Trip and/or size limits to
protect juvenile sablefish in the limited entry or open-access
fisheries also may be imposed at any time under Sec. 660.370(c). Trip
limits may be imposed in the open-access fishery at any time under
Sec. 660.370(c).
0
19. Section 660.373 is added to read as follows:
Sec. 660.373 Pacific whiting (whiting) fishery management.
(a) Sectors. The catcher/processor sector is composed of catcher/
processors, which are vessels that harvest and process whiting during a
calendar year. The mothership sector is composed of motherships and
catcher vessels that harvest whiting for delivery to motherships.
Motherships are vessels that process, but do not harvest, whiting
during a calendar year. The shoreside sector is composed of vessels
that harvest whiting for delivery to shore-based processors.
(b) Seasons. The primary seasons for the whiting fishery are: For
the shore-based sector, the period(s) when the large-scale target
fishery is conducted (when trip limits under paragraph (b) of this
section are not in effect); for catcher/processors, the period(s) when
at-sea processing is allowed and the fishery is open for the catcher/
processor sector; and for vessels delivering to motherships, the
period(s) when at-sea processing is allowed and the fishery is open for
the mothership sector. Before and after the primary seasons, trip
landing or frequency limits may be imposed under Sec. 660.370(c). The
sectors are defined at Sec. 660.370(a).
(1) North of 40[deg]30' N. lat. Different starting dates may be
established for the catcher/processor sector, the mothership sector,
catcher vessels delivering to shoreside processors north of 42[deg] N.
lat., and catcher vessels delivering to shoreside processors between
42[deg]-40[deg]30' N. lat.
(i) Procedures. The primary seasons for the whiting fishery north
of 40[deg]30' N. lat. generally will be established according to the
procedures of the PCGFMP for developing and implementing harvest
specifications and apportionments. The season opening dates remain in
effect unless changed, generally with the harvest specifications and
management measures.
(ii) Criteria. The start of a primary season may be changed based
on a recommendation from the Council and consideration of the following
factors, if applicable: Size of the harvest guidelines for whiting and
bycatch species; age/size structure of the whiting population; expected
harvest of bycatch and prohibited species; availability and stock
status of prohibited species; expected participation by catchers and
processors; environmental conditions; timing of alternate or competing
fisheries; industry agreement; fishing or processing rates; and other
relevant information.
(2) South of 40[deg]30' N. lat. The primary season starts on April
15 south of 40[deg]30' N. lat.
(c) Closed areas. Pacific whiting may not be taken and retained in
the following portions of the fishery management area:
(1) Klamath River Salmon Conservation Zone. The ocean area
surrounding the Klamath River mouth bounded on the north by
41[deg]38'48'' N. lat. (approximately 6 nm north of the Klamath River
mouth), on the west by 124[deg]23' W. long. (approximately 12 nm from
shore), and on the south by 41[deg]26'48'' N. lat. (approximately 6 nm
south of the Klamath River mouth).
(2) Columbia River Salmon Conservation Zone. The ocean area
surrounding the Columbia River mouth bounded by a line extending for 6
nm due west from North Head along 46[deg]18' N. lat. to 124[deg]13'18''
W. long., then southerly along a line of 167 True to 46[deg]11'06'' N.
lat. and 124[deg]11' W. long. (Columbia River Buoy), then northeast
along Red Buoy Line to the tip of the south jetty.
(d) Eureka area trip limits. Trip landing or frequency limits may
be established, modified, or removed under Sec. 660.370 or Sec.
660.373, specifying the amount of Pacific whiting that may be
[[Page 42354]]
taken and retained, possessed, or landed by a vessel that, at any time
during a fishing trip, fished in the fishery management area shoreward
of the 100-fathom (183-m) contour (as shown on NOAA Charts 18580,
18600, and 18620) in the Eureka area (from 43[deg]00' to 40[deg]30' N.
lat.).
(e) At-sea processing. Whiting may not be processed at sea south of
42[deg]00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (i) of this section.
(f) Time of day. Pacific whiting may not be taken and retained by
any vessel in the fishery management area south of 42[deg]00' N. lat.
between 0001 hours to one-half hour after official sunrise (local
time). During this time south of 42[deg]00' N. lat., trawl doors must
be on board any vessel used to fish for whiting and the trawl must be
attached to the trawl doors. Official sunrise is determined, to the
nearest 5[deg] lat., in The Nautical Almanac issued annually by the
Nautical Almanac Office, U.S. Naval Observatory, and available from the
U.S. Government Printing Office.
(g) Bycatch reduction and full utilization program for at-sea
processors (optional). If a catcher/processor or mothership in the
whiting fishery carries more than one NMFS-approved observer for at
least 90 percent of the fishing days during a cumulative trip limit
period, then groundfish trip limits may be exceeded without penalty for
that cumulative trip limit period, if the conditions in paragraph
(g)(1) of this section are met. For purposes of this program, ``fishing
day'' means a 24-hour period, from 0001 hours through 2400 hours, local
time, in which fishing gear is retrieved or catch is received by the
vessel, and will be determined from the vessel's observer data, if
available. Changes to the number of observers required for a vessel to
participate in the program will be announced prior to the start of the
fishery, generally concurrent with the harvest specifications and
management measures. Groundfish consumed on board the vessel must be
within any applicable trip limit and recorded as retained catch in any
applicable logbook or report. [Note: For a mothership, non-whiting
groundfish landings are limited by the cumulative landings limits of
the catcher vessels delivering to that mothership.]
(1) Conditions. Conditions for participating in the voluntary full
utilization program are as follows:
(i) All catch must be made available to the observers for sampling
before it is sorted by the crew.
(ii) Any retained catch in excess of cumulative trip limits must
either be: Converted to meal, mince, or oil products, which may then be
sold; or donated to a bona fide tax-exempt hunger relief organization
(including food banks, food bank networks or food bank distributors),
and the vessel operator must be able to provide a receipt for the
donation of groundfish landed under this program from a tax-exempt
hunger relief organization immediately upon the request of an
authorized officer.
(iii) No processor or catcher vessel may receive compensation or
otherwise benefit from any amount in excess of a cumulative trip limit
unless the overage is converted to meal, mince, or oil products.
Amounts of fish in excess of cumulative trip limits may only be sold as
meal, mince, or oil products.
(iv) The vessel operator must contact the NMFS enforcement office
nearest to the place of landing at least 24 hours before landing
groundfish in excess of cumulative trip limits for distribution to a
hunger relief agency. Cumulative trip limits and a list of NMFS
enforcement offices are found on the NMFS, Northwest Region homepage at
http://www.nwr.noaa.gov.
(v) If the meal plant on board the whiting processing vessel breaks
down, then no further overages may be retained for the rest of the
cumulative trip limit period unless the overage is donated to a hunger
relief organization.
(vi) Prohibited species may not be retained.
(vii) Donation of fish to a hunger relief organization must be
noted in the transfer log (Product Transfer/Offloading Log (PTOL)), in
the column for total value, by entering a value of ``0'' or
``donation,'' followed by the name of the hunger relief organization
receiving the fish. Any fish or fish product that is retained in excess
of trip limits under this rule, whether donated to a hunger relief
organization or converted to meal, must be entered separately on the
PTOL so that it is distinguishable from fish or fish products that are
retained under trip limits. The information on the Mate's Receipt for
any fish or fish product in excess of trip limits must be consistent
with the information on the PTOL. The Mate's Receipt is an official
document that states who takes possession of offloaded fish, and may be
a Bill of Lading, Warehouse Receipt, or other official document that
tracks the transfer of offloaded fish or fish product. The Mate's
Receipt and PTOL must be made available for inspection upon request of
an authorized officer throughout the cumulative limit period during
which such landings occurred and for 15 days thereafter.
(h) Additional restrictions on catcher/processors. (1) A catcher/
processor may receive fish from a catcher vessel, but that catch is
counted against the catcher/processor allocation unless the catcher/
processor has been declared as a mothership under paragraph (h)(3) of
this section.
(2) A catcher/processor may not also act as a catcher vessel
delivering unprocessed whiting to another processor in the same
calendar year.
(3) When renewing its limited entry permit each year under Sec.
660.333, the owner of a catcher/processor used to take and retain
whiting must declare if the vessel will operate solely as a mothership
in the whiting fishery during the calendar year to which its limited
entry permit applies. Any such declaration is binding on the vessel for
the calendar year, even if the permit is transferred during the year,
unless it is rescinded in response to a written request from the permit
holder. Any request to rescind a declaration must be made by the permit
holder and granted in writing by the Regional Administrator before any
unprocessed whiting has been taken on board the vessel that calendar
year.
(i) Processing fish waste at sea. A vessel that processes only fish
waste (a ``waste-processing vessel'') is not considered a whiting
processor and therefore is not subject to the allocations, seasons, or
restrictions for catcher/processors or motherships while it operates as
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary
season for whiting in which the vessel operates as a catcher/processor
or mothership. A vessel must meet the following conditions to qualify
as a waste-processing vessel:
(1) The vessel makes meal (ground dried fish), oil, or minced
(ground flesh) product, but does not make, and does not have on board,
surimi (fish paste with additives), fillets (meat from the side of the
fish, behind the head and in front of the tail), or headed and gutted
fish (head and viscera removed).
(2) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under Sec. 660.370(c).
(3) Any trawl net and doors on board are stowed in a secured and
covered manner, and detached from all towing lines, so as to be
rendered unusable for fishing.
(4) The vessel does not receive codends containing fish.
(5) The vessel's operations are consistent with applicable state
and Federal law, including those governing disposal of fish waste at
sea.
[[Page 42355]]
0
20. Section 660.390 is added to read as follows:
Sec. 660.390 Groundfish Conservation Areas (GCAs).
In Sec. 660.302, a GCA is defined as ``a geographic area defined
by coordinates expressed in latitude and longitude, created and
enforced for the purpose of contributing to the rebuilding of
overfished West Coast groundfish species.'' Specific GCAs may be
defined here in this paragraph, or in the Federal Register, within the
harvest specifications and management measures process. While some GCAs
may be designed with the intent that their shape be determined by ocean
bottom depth contours, their shapes are defined in regulation by
latitude/longitude coordinates and are enforced by those coordinates.
Fishing activity that is prohibited or permitted within a particular
GCA is detailed in Federal Register documents associated with the
harvest specifications and management measures process.
(a) Rockfish Conservation Areas (RCAs). RCAs are defined in the
Federal Register through the harvest specifications and management
measures process. RCAs may apply to a single gear type or to a group of
gear types, such as ``trawl RCAs'' or ``non-trawl RCAs''.
(b) Cowcod Conservation Areas (CCAs). (1) The Western CCA is an
area south of Point Conception that is bound by straight lines
connecting all of the following points in the order listed:
33[deg]50' N. lat., 119[deg]30' W. long.;
33[deg]50' N. lat., 118[deg]50' W. long.;
32[deg]20' N. lat., 118[deg]50' W. long.;
32[deg]20' N. lat., 119[deg]37' W. long.;
33[deg]00' N. lat., 119[deg]37' W. long.;
33[deg]00' N. lat., 119[deg]53' W. long.;
33[deg]33' N. lat., 119[deg]53' W. long.;
33[deg]33' N. lat., 119[deg]30' W. long.;
and connecting back to 33[deg]50' N. lat., 119[deg]30' W. long.
(2) The Eastern CCA is a smaller area west of San Diego that is
bound by straight lines connecting all of the following points in the
order listed:
32[deg]42' N. lat., 118[deg]02 W. long.;
32[deg]42' N. lat., 117[deg]50 W. long.;
32[deg]36'42'' N. lat., 117[deg]50' W. long.;
32[deg]30' N. lat., 117[deg]53'30'' W. long.;
32[deg]30' N. lat., 118[deg]02 W. long.;
and connecting back to 32[deg]42' N. lat., 118[deg]02' W. long.
(c) Yelloweye Rockfish Conservation Area (YRCA). The YRCA is a C-
shaped area off the northern Washington coast that is bound by straight
lines connecting all of the following points in the order listed:
48[deg]18' N. lat., 125[deg]18' W. long.;
48[deg]18' N. lat., 124[deg]59' W. long.;
48[deg]11' N. lat., 124[deg]59' W. long.;
48[deg]11' N. lat., 125[deg]11' W. long.;
48[deg]04' N. lat., 125[deg]11' W. long.;
48[deg]04' N. lat., 124[deg]59' W. long.;
48[deg]00' N. lat., 124[deg]59' W. long.;
48[deg]00' N. lat., 125[deg]18' W. long.; and connecting back to
48[deg]18' N. lat., 125[deg]18' W. long.
[FR Doc. 04-15823 Filed 7-14-04; 8:45 am]
BILLING CODE 3510-22-S