[Code of Federal Regulations] [Title 50, Volume 9] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR679.7] [Page 384-393] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE (CONTINUED) PART 679_FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Subpart A_General Sec. 679.7 Prohibitions. In addition to the general prohibitions specified in Sec. 600.725 of this chapter, it is unlawful for any person to do any of the following: (a) Groundfish of the GOA and BSAI--(1) Federal Fisheries Permit. (i) Fish for groundfish in the BSAI or GOA with a vessel of the United States that does not have on board a valid Federal Fisheries Permit issued under Sec. 679.4. (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or pollock with pot, hook-and-line, or trawl gear from a vessel of the United States that does not have on board a valid Federal Fisheries Permit issued under Sec. 679.4 and endorsed for Atka mackerel, Pacific cod, or pollock under Sec. 679.4(b)(5)(vi). (2) Conduct any fishing contrary to notification of inseason action, closure, or adjustment issued under Sec. 679.20, Sec. 679.21, Sec. 679.22, Sec. 679.25. (3) Groundfish Observer Program. (i) Fish or process groundfish except in compliance with the terms of the Groundfish Observer Program as provided by subpart E of this part. (ii) Except where observer services are provided by NMFS staff or other individuals authorized by NMFS under Sec. 679.50(e), provide observer services to the North Pacific Groundfish fisheries without an observer provider permit issued under Sec. 679.50(i)(1). (4) Pollock roe. Retain pollock roe on board a vessel in violation of Sec. 679.20(g). [[Page 385]] (5) Prohibited species bycatch rate standard. Exceed a bycatch rate standard specified for a vessel under Sec. 679.21(f). (6) Gear. Deploy any trawl, longline, single pot-and-line, or jig gear in an area when directed fishing for, or retention of, all groundfish by operators of vessels using that gear type is prohibited in that area, except that this paragraph (a)(6) shall not prohibit: (i) Deployment of hook-and-line gear by operators of vessels fishing for halibut during seasons prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. (ii) Deployment of pot gear by operators of vessels fishing for crab during seasons governed by the State of Alaska. (iii) Deployment of jig gear by operators of vessels fishing for salmon during seasons governed by the State of Alaska. (7) Inshore/offshore--(i) Operate a vessel in the ``inshore component in the GOA'' as defined in Sec. 679.2 without a valid inshore processing endorsement on the vessel's Federal fisheries or Federal processor permit. (ii) Operate a vessel as a ``stationary floating processor'' in the ``inshore component in the GOA'' as defined in Sec. 679.2, and as a catcher/processor in the BSAI during the same fishing year. (iii) Operate a vessel as a ``stationary floating processor'' in the ``inshore component in the GOA'' as defined in Sec. 679.2, and as an AFA mothership in the BSAI during the same fishing year. (iv) Operate any vessel in the GOA in more than one of the three categories included in the definition of ``inshore component in the GOA,'' in Sec. Sec. 679.2, during any fishing year. (v) Operate any vessel in the GOA under both the ``inshore component in the GOA'' and the ``offshore component in the GOA'' definitions in Sec. Sec. 679.2 during the same fishing year. (vi) Use a stationary floating processor with an GOA inshore processing endorsement to process pollock or GOA Pacific cod harvested in a directed fishery for those species in more than one single geographic location during a fishing year. (8) Fishing in Donut Hole. Except as authorized by permit issued pursuant to the section of the Donut Hole Convention implementing legislation authorizing NMFS to issue Donut Hole fishing permits (Public Law 104-43, section 104(d)), it is unlawful for any person to: (i) Fish in the Donut Hole from a vessel for which a Federal fisheries permit has been issued pursuant to Sec. 679.4 during the year for which the permit was issued. (ii) Possess within the EEZ fish harvested from the Donut Hole on board a vessel for which a Federal fisheries permit has been issued pursuant to Sec. 679.4 during the year for which the permit was issued. (9) Authorized fishing gear. Retain groundfish taken with other than authorized fishing gear as defined in Sec. 679.2, except that groundfish incidentally taken by pot gear by a vessel while participating in an open crab season governed by the State of Alaska may be retained for use as unprocessed bait on board that vessel. (10) Recordkeeping and reporting. (i) Fail to comply with or fail to ensure compliance with requirements in Sec. Sec. 679.4 or 679.5. (ii) Alter, erase, or mutilate any permit, card or document issued under Sec. Sec. 679.4 or 679.5. (iii) Fail to submit or submit inaccurate information on, any report, application, or statement required under this part. (iv) Intentionally submit false information on any report, application, or statement required under this part. (11) Buying station--(i) Tender vessel. Use a catcher vessel or catcher/processor as a tender vessel before offloading all groundfish or groundfish product harvested or processed by that vessel. (ii) Associated processor. Function as a vessel or land-based buying station without an associated processor. (12) Prohibited species donation program. Retain or possess prohibited species, defined at Sec. 679.21(b)(1), except as permitted to do so under the PSD program as provided by Sec. 679.26 of this part, or as authorized by other applicable law. [[Page 386]] (13) Halibut. With respect to halibut caught with hook-and-line gear deployed from a vessel fishing for groundfish, except for vessels fishing for halibut as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title: (i) Fail to release the halibut outboard a vessel's rails. (ii) Release the halibut by any method other than--(A) Cutting the gangion. (B) Positioning the gaff on the hook and twisting the hook from the halibut. (C) Straightening the hook by using the gaff to catch the bend of the hook and bracing the gaff against the vessel or any gear attached to the vessel. (iii) Puncture the halibut with a gaff or other device. (iv) Allow the halibut to contact the vessel, if such contact causes, or is capable of causing, the halibut to be stripped from the hook. (14) Trawl gear performance standard--(i) BSAI. Use a vessel to participate in a directed fishery for pollock using trawl gear and have on board the vessel, at any particular time, 20 or more crabs of any species that have a carapace width of more than 1.5 inches (38 mm) at the widest dimension. (ii) GOA. Use a vessel to participate in a directed fishery for pollock using trawl gear when directed fishing for pollock with nonpelagic trawl gear is closed and have on board the vessel, at any particular time, 20 or more crabs of any species that have a carapace width of more than 1.5 inches (38 mm) at the widest dimension. (15) Federal processor permit. Receive, purchase or arrange for purchase, discard, or process groundfish harvested in the GOA or BSAI by a shoreside processor or SFP that does not have on site a valid Federal processor permit issued pursuant to Sec. 679.4(f). (16) Retention of groundfish bycatch species. Exceed the maximum retainable groundfish amount established under Sec. 679.20(e). (17) Tender vessel. (i) Use a catcher vessel or catcher/processor as a tender vessel before offloading all groundfish or groundfish product harvested or processed by that vessel. (ii) Use a catcher vessel or catcher/processor to harvest groundfish while operating as a tender vessel. (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and VMS. Operate a vessel in any Federal reporting area when a vessel is authorized under Sec. 679.4(b)(5)(vi) to participate in the Atka mackerel, Pacific cod, or pollock directed fisheries and the vessel's authorized species and gear type is open to directed fishing, unless the vessel carries an operable NMFS-approved Vessel Monitoring System (VMS) and complies with the requirements in Sec. 679.28(f). (19) Atka Mackerel HLA Groundfish Prohibition. For vessels registered for an Atka mackerel HLA directed fishery under Sec. 679.20(a)(8)(iii), conduct directed fishing for groundfish, other than Atka mackerel, during the time period that the first Atka mackerel HLA directed fishery to which the vessel is assigned under Sec. 679.20(a)(8)(iii)(B) is open. (20) Anchoring in a habitat protection area. Anchor any federally permitted vessel in any habitat protection area described in Tables 22, 23, and 26 of this part. (21) VMS on vessels in the Aleutian Islands subarea. Operate a federally permitted vessel in the Aleutian Islands subarea without an operable VMS and without complying with the requirements at Sec. 679.28. (22) VMS for mobile bottom contact gear vessels in the GOA. Operate a federally permitted vessel in the GOA with mobile bottom contact gear on board without an operable VMS and without complying with the requirements at Sec. 679.28. (b) Prohibitions specific to the GOA--(1) Southeast outside trawl closure. Use trawl gear in the GOA east of 140[deg] W long. (2) Catcher vessel trip limit for pollock. Retain on board a catcher vessel at any time during a trip, more than 300,000 lb (136 mt) of unprocessed pollock. (3) Tender vessel restrictions for pollock. (i) Operate as a tender vessel east of 157[deg]00[min] W long. for pollock harvested in the GOA. (ii) Operate as a tender vessel west of 157[deg]00[min] W long. while retaining on board at any time more than 600,000 lb (272 mt) of unprocessed pollock. [[Page 387]] (c) Prohibitions specific to BSAI--(1) Incidental salmon. Discard any salmon taken incidental to a directed fishery for BSAI groundfish by vessels using trawl gear until notified by an observer that the number of salmon has been determined and the collection of any scientific data or biological samples has been completed as provided in Sec. 679.21(c)(1). (2) Prohibited species. Conduct any fishing contrary to a notification issued under Sec. 679.21. (d) CDQ. (1) Participate in a Western Alaska CDQ program in violation of this part. (2) Fail to submit, submit inaccurate information on, or intentionally submit false information on any report, application, or statement required under this part. (3) Participate as a community in more than one CDP, unless the second CDP is for vessels fishing halibut CDQ only. (4) Harvest groundfish CDQ on behalf of a CDQ group with a vessel that is not listed as an eligible vessel for that CDQ group. (5) For a CDQ group, exceed a CDQ, halibut PSQ, or crab PSQ. (6) For the operator of an eligible vessel, use trawl gear to harvest groundfish CDQ in Zone 1 after the CDQ group's red king crab PSQ or C. bairdi Tanner crab PSQ in Zone 1 is attained. (7) For the operator of an eligible vessel, use trawl gear to harvest groundfish CDQ in Zone 2 after the CDQ group's PSQ for C. bairdi Tanner crab in Zone 2 is attained. (8) For the operator of an eligible vessel, use trawl gear to harvest groundfish CDQ in the C. opilio Bycatch Limitation Zone after the CDQ group's PSQ for C. opilio Tanner crab is attained. (9) For the operator of an eligible vessel, use trawl gear to harvest pollock CDQ in the Chinook Salmon Savings Area between January 1 and April 15, and between September 1 and December 31, after the CDQ group's chinook salmon PSQ is attained. (10) For the operator of an eligible vessel, use trawl gear to harvest groundfish CDQ in the Chum Salmon Savings Area between September 1 and October 14 after the CDQ group's non-chinook salmon PSQ is attained. (11) For the operator of a catcher vessel using trawl gear or any vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as defined at Sec. 679.2, discard any groundfish CDQ species or salmon PSQ before it is delivered to a processor unless discard of the groundfish CDQ is required under other provisions or, in waters within the State of Alaska, discard is required by laws of the State of Alaska. (12) For the operator of a vessel using trawl gear, release CDQ catch from the codend before it is brought on board the vessel and weighed on a scale approved by NMFS under Sec. 679.28(b) or delivered to a processor. This includes, but is not limited to, ``codend dumping'' and ``codend bleeding.'' (13) For the operator of a catcher vessel, catch, retain on board, or deliver groundfish CDQ species together with license limitation groundfish. (14) For the operator of a catcher/processor, catch groundfish CDQ species together with license limitation groundfish in the same haul, set, or pot. (15) For the operator of a catcher/processor or a catcher vessel required to carry a level 2 observer, combine catch from two or more CDQ groups in the same haul or set. (16) Use any groundfish accruing against a CDQ reserve as a basis species for calculating retainable amounts of non-CDQ species under Sec. 679.20. (17) For the operator of a catcher/processor using trawl gear or a mothership, harvest or take deliveries of CDQ or PSQ species without a valid scale inspection report signed by an authorized scale inspector under Sec. 679.28(b)(2) on board the vessel. (18) For the operator of a vessel required to have an observer sampling station described at Sec. 679.28(d), harvest or take deliveries of CDQ or PSQ species without a valid observer sampling station inspection report issued by NMFS under Sec. 679.28(d)(8) on board the vessel. (19) For the operator of a catcher/processor using trawl gear or a mothership, sort, process, or discard CDQ or PSQ species before the total catch is weighed on a scale that meets [[Page 388]] the requirements of Sec. 679.28(b), including the daily test requirements described at Sec. 679.28(b)(3). (20) For the manager of a shoreside processor, stationary floating processor or the manager or operator of a buying station that is required elsewhere in this part to weigh catch on a scale approved by the State of Alaska under Sec. 679.28(c), fail to weigh catch on a scale that meets the requirements of Sec. 679.28(c). (21) For a CDQ representative, use methods other than those approved by NMFS to determine the catch of CDQ and PSQ reported to NMFS on the CDQ catch report. (22) For a CDQ group, report catch of sablefish CDQ for accrual against the fixed gear sablefish CDQ reserve if that sablefish CDQ was caught with fishing gear other than fixed gear. (23) For any person on a vessel using fixed gear that is fishing for a CDQ group with an allocation of fixed gear sablefish CDQ, discard sablefish harvested with fixed gear unless retention of sablefish is not authorized under 50 CFR 679.23(e)(4)(ii) or, in waters within the State of Alaska, discard is required by laws of the State of Alaska. (24) Fail to comply with the requirements of a CDP. (e) [Reserved] (f) IFQ fisheries. (1) Fail to submit, or submit inaccurate information on, any report, application, or statement required under this part. (2) Intentionally submit false information on any report, application, or statement required under this part. (3)(i) Halibut. Retain halibut caught with fixed gear without a valid IFQ or CDQ permit and without an IFQ or CDQ card in the name of an individual aboard. (ii) Sablefish. Retain sablefish caught with fixed gear without a valid IFQ permit and without an IFQ card in the name of an individual aboard, unless fishing on behalf of a CDQ group and authorized under Sec. 679.32(c). (4) Except as provided in Sec. 679.40(d), retain IFQ or CDQ halibut or IFQ or CDQ sablefish on a vessel in excess of the total amount of unharvested IFQ or CDQ, applicable to the vessel category and IFQ or CDQ regulatory area(s) in which the vessel is deploying fixed gear, and that is currently held by all IFQ or CDQ card holders aboard the vessel, unless the vessel has an observer aboard under subpart E of this part and maintains the applicable daily fishing log prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of this title and Sec. 679.5. (5) Possess, buy, sell, or transport IFQ or CDQ halibut or IFQ sablefish harvested or landed in violation of any provision of this part. (6) Landing--(i) IFQ or CDQ card. Make an IFQ landing without an IFQ or CDQ card, as appropriate, in the name of the individual making the landing. (ii) Hired master, IFQ. Make an IFQ landing without an IFQ card listing the name of the hired master and the name of the vessel making the landing. (iii) Hired master, CDQ halibut. Make a CDQ halibut landing without a CDQ card listing the name of the hired master. (7) Possess on a vessel or land IFQ sablefish concurrently with non- IFQ sablefish, except that CDQ sablefish may be possessed on a vessel and landed concurrently with IFQ sablefish. (8) Discard: (i) In the GOA: (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on board unless rockfish are required to be discarded under subpart B of this part. (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. (ii) In the BSAI: (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on board unless rockfish are required to be discarded under subpart B of this part. (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board according to the following table: [[Page 389]] ------------------------------------------------------------------------ If the vessel operator . . . Then . . . ------------------------------------------------------------------------ (1) has an LLP groundfish license with Pacific cod must not be a Pacific cod endorsement that meets discarded unless Pacific cod the requirements of Sec. are required to be discarded 679.4(k)(9). under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. (2) does not have an LLP groundfish Pacific cod must not be license with a Pacific cod endorsement discarded up to the retainable that meets the requirements of Sec. amount specified in Table 11 679.4(k)(9). of this part unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. ------------------------------------------------------------------------ (iii) In the waters within the State of Alaska: (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on board unless rockfish are required to be discarded by the laws of the State of Alaska. (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded by the laws of the State of Alaska. (9) Harvest on any vessel more IFQ halibut or IFQ sablefish than are authorized under Sec. 679.42. (10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing other than directly to (or by) a registered buyer. (11) Discard halibut or sablefish caught with fixed gear from any catcher vessel when any IFQ card holder aboard holds unused halibut or sablefish IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating, unless: (i) Discard of halibut is required as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title; (ii) Discard of sablefish is required under Sec. 679.20 or, in waters within the State of Alaska, discard of sablefish is required under laws of the State of Alaska; or (iii) Discard of halibut or sablefish is required under other provisions. (12) Commence an IFQ landing without a Prior Notice of Landing (PNOL), before the date and time stated on the PNOL, or more than 2 hours after the date and time stated on the PNOL, except as provided in Sec. 679.5(l)(1). (13) Possess processed and unprocessed IFQ species on board a vessel during the same trip except when fishing exclusively with IFQ derived from vessel category A QS; (14) Violate any other provision under this part. (15) Process fish on board a vessel on which a person aboard has unused IFQ derived from QS issued to vessel categories B, C, or D, except as provided in Sec. 679.42(k) of this part; (16) Hire a master to fish for IFQ halibut or IFQ sablefish that is derived from QS held by a CQE. (17) Process IFQ halibut or IFQ sablefish onboard a vessel on which a person is using IFQ derived from QS held by a CQE. (g) Groundfish Observer Program. (1) Forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an observer. (2) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of 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) Prohibit or bar by command, impediment, threat, coercion, or by refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or otherwise performing the observer's duties. (5) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or 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. [[Page 390]] (6) Fish for or process fish without observer coverage required under subpart E of this part. (7) 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. (h) Salmon fisheries. (1) Fish for, take, or retain any salmon in violation of this part. (2) Engage in fishing for salmon in the Salmon Management Area defined at Sec. 679.2 and Figure 23 to this part, except to the extent authorized by Sec. 679.4(h) or applicable State of Alaska regulations. (i) License Limitation Program--(1) Number of licenses. (i) Hold more than 10 groundfish licenses in the name of that person at any time, except as provided in paragraph (i)(1)(iii) of this section; (ii) Hold more than five crab species licenses in the name of that person at any time, except as provided in paragraph (i)(1)(iii) of this section; or (iii) Hold more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section unless those licenses were issued to that person in the initial distribution of licenses. Any person who receives in the initial distribution more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section shall have no transfer applications for receipt of additional licenses approved until the number of licenses in the name of that person is less than the numbers specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; furthermore, when a person becomes eligible to receive licenses by transfer through the provisions of this paragraph, that person is subject to the provisions in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; (iv) Hold more than two scallop licenses in the name of that person at any time. (2) Conduct directed fishing for license limitation groundfish without an original valid groundfish license, except as provided in Sec. 679.4(k)(2); (3) Conduct directed fishing for crab species without an original valid crab license, except as provided in Sec. 679.4(k)(2); (4) Process license limitation groundfish on board a vessel without an original valid groundfish license with a Catcher/processor designation; (5) Process crab species on board a vessel without an original valid crab species license with a Catcher/processor designation; (6) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, that has an LOA that exceeds the MLOA specified on the license that authorizes fishing for LLP groundfish or crab species. (7) Lease a groundfish, crab species, or scallop license; or (8) Catch and retain scallops: (i) Without an original valid scallop license on board; (ii) Using a vessel with a MLOA greater than that specified on the scallop license; or (iii) Using dredge gear contrary to a gear limitation specified on the scallop license. (9) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, other than the vessel named on the license that authorizes fishing for LLP groundfish or crab species. (j) Prohibitions specific to the GOA (applicable through December 31, 2002)--(1) Southeast Outside trawl closure. Use any gear other than non-trawl gear in the GOA east of 140[deg] W long. (2) Catcher vessel trip limit for pollock. Retain on board a catcher vessel at any time during a trip, more than 300,000 lb (136 mt) of unprocessed pollock. (3) Tender vessel restrictions for pollock. (i) Operate as a tender vessel east of 157[deg]00[min] W long. for pollock harvested in the GOA. (ii) Operate as a tender vessel west of 157[deg]00[min] W long. while retaining on board at any time more than 600,000 lb (272 mt) of unprocessed pollock. (k) Prohibitions specific to the AFA. It is unlawful for any person to do any of the following: (1) Catcher/processors--(i) Permit requirement. Use a catcher/ processor to [[Page 391]] engage in directed fishing for non-CDQ BSAI pollock without a valid AFA catcher/processor permit on board the vessel. (ii) Fishing in the GOA. Use a listed AFA catcher/processor to harvest any species of fish in the GOA. (iii) Processing BSAI crab. Use a listed AFA catcher/processor to process any crab species harvested in the BSAI. (iv) Processing GOA groundfish. Use a listed AFA catcher/processor to process any pollock harvested in a directed pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. (v) Directed fishing after a sideboard closure. Use a listed AFA catcher/processor to engage in directed fishing for a groundfish species or species group in the BSAI after the Regional Administrator has issued an AFA catcher/processor sideboard directed fishing closure for that groundfish species or species group under Sec. 679.20(d)(1)(iv) or Sec. 679.21(e)(3)(v). (vi) Catch weighing--(A) Listed AFA catcher/processors. Process any groundfish that was not weighed on a NMFS-approved scale that complies with the requirements of Sec. 679.28(b). Catch may not be sorted before it is weighed and each haul must be sampled by an observer for species composition. (B) Unlisted AFA catcher/processors. Process groundfish harvested in the BSAI pollock fishery that was not weighed on a NMFS-approved scale that complies with the requirements of Sec. 679.28(b). Catch may not be sorted before it is weighed and each haul must be sampled by an observer for species composition. (vii) Observer sampling station--(A) Listed AFA catcher/processors. Process any groundfish without an observer sampling station as described at Sec. 679.28(d). A valid observer sampling station inspection report must be on board at all times when an observer sampling station is required. (B) Unlisted AFA catcher/processors. Process groundfish harvested in the BSAI pollock fishery without an observer sampling station as described at Sec. 679.28(d). A valid observer sampling station inspection report must be on board at all times when an observer sampling station is required. (2) Motherships--(i) Permit requirement. Use a mothership to process pollock harvested in a non-CDQ directed fishery for pollock in the BSAI without a valid AFA permit on board the mothership. (ii) [Reserved] (iii) Catch weighing. Process any groundfish that was not weighed on a NMFS-approved scale that complies with the requirements of Sec. 679.28(b). Catch may not be sorted before it is weighed and each delivery must be sampled by an observer for species composition. (iv) Observer sampling station. Process any groundfish without an observer sampling station as described at Sec. 679.28(d). A valid observer sampling station inspection report must be on board at all times when an observer sampling station is required. (3) AFA inshore processors--(i) Permit requirement. Use a shoreside processor or stationary floating processor to process pollock harvested in a non-CDQ directed fishery for pollock in the BS without a valid AFA inshore processor permit at the facility or on board vessel. (ii) Cooperative processing endorsement. Use a shoreside processor or stationary floating processor required to have an AFA inshore processor permit to process groundfish harvested by a fishery cooperative formed under Sec. 679.62 unless the AFA inshore processor permit contains a valid cooperative pollock processing endorsement. (iii) [Reserved] (iv) Single geographic location requirement. Use an AFA inshore processor to process pollock harvested in the BS directed pollock fishery at a location other than the single geographic location defined as follows: (A) Shoreside processors. The physical location at which the land- based shoreside processor first processed BS pollock harvested in the BS directed pollock fishery during a fishing year. (B) Stationary floating processors. A location within Alaska State waters that is within 5 nm of the position in which the stationary floating processor first processed BS pollock harvested in the BS directed pollock fishery during a fishing year. [[Page 392]] (v) Catch weighing. Process any groundfish that was not weighed on a scale approved by the State of Alaska and meeting the requirements specified in Sec. 679.28(c). (vi) Catch monitoring and control plan (CMCP). Take deliveries or process groundfish delivered by a vessel engaged in directed fishing for BSAI pollock without following an approved CMCP as described at Sec. 679.28(g). A copy of the CMCP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon request. (4) Catcher vessels--(i) Permit requirement. Use a catcher vessel to engage in directed fishing for non-CDQ BS pollock for delivery to any AFA processing sector (catcher/processor, mothership, or inshore) unless the vessel has a valid AFA catcher vessel permit on board that includes an endorsement for the sector of the BS pollock fishery in which the vessel is participating. (ii) [Reserved] (iii) Groundfish sideboard closures. Use an AFA catcher vessel to engage in directed fishing for a groundfish species or species group in the BSAI or GOA after the Regional Administrator has issued an AFA catcher vessel sideboard directed fishing closure for that groundfish species or species group under Sec. 679.20(d)(1)(iv), Sec. 679.21(d)(8) or Sec. 679.21(e)(3)(iv), if the vessel's AFA permit does not contain a sideboard exemption for that groundfish species or species group. (5) AFA inshore fishery cooperatives--(i) Overages by vessel. Use an AFA catcher vessel listed on an AFA inshore cooperative fishing permit, or under contract to a fishery cooperative under Sec. 679.62(c), to harvest non-CDQ BS pollock in excess of the fishery cooperative's annual allocation of pollock specified under Sec. 679.62. (ii) Overages by fishery cooperative. An inshore pollock fishery cooperative is prohibited from exceeding its annual allocation of BS pollock TAC. (6) Excessive harvesting shares. It is unlawful for an AFA entity to harvest, through a fishery cooperative or otherwise, an amount of BS pollock that exceeds the 17.5 percent excessive share limit specified under Sec. 679.20(a)(5)(i)(A)(6). The owners and operators of the individual vessels comprising the AFA entity that harvests BS pollock will be held jointly and severally liable for exceeding the excessive harvesting share limit. (7) Excessive processing shares. It is unlawful for an AFA entity to process an amount of BS pollock that exceeds the 30-percent excessive share limit specified under Sec. 679.20(a)(5)(i)(A)(7). The owners and operators of the individual processors comprising the AFA entity that processes BS pollock will be held jointly and severally liable for exceeding the excessive processing share limit. (l) Prohibitions specific to the AI directed pollock fishery--(1) Catcher/processors. (i) Use a catcher/processor vessel to harvest pollock in the AI directed pollock fishery or process pollock harvested in the AI directed pollock fishery without a copy of NMFS' approval letter on board pursuant to Sec. 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing and observer sampling station requirements set forth at paragraphs (k)(1)(vi) and (k)(1)(vii) of this section, respectively. (iii) Use a catcher/processor to harvest pollock in the AI directed pollock fishery or process pollock harvested in the AI directed pollock fishery without a valid AFA catcher/processor permit on board the vessel. (2) Motherships. (i) Use a mothership to process pollock harvested in the AI directed pollock fishery without a copy of NMFS' approval letter on board pursuant to Sec. 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing and observer sampling station requirements set forth at paragraphs (k)(2)(iii) and (k)(2)(iv) of this section, respectively. (iii) Use a mothership to process pollock harvested in the AI directed pollock fishery without a valid AFA mothership permit on board the vessel. (3) Shoreside and stationary floating processors. (i) Use a shoreside processor or stationary floating processor to process pollock harvested in the in AI directed pollock fishery without a copy of NMFS' approval letter on location pursuant to Sec. 679.4(m). [[Page 393]] (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing requirements set forth at paragraph (k)(3)(v) of this section. (iii) Take deliveries of pollock harvested in the AI directed pollock fishery or process pollock harvested in the AI pollock fishery without following an approved CMCP as described in Sec. 679.28(g). A copy of the CMCP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon request. (4) Catcher vessels. (i) Use a catcher vessel to harvest pollock in the AI directed pollock fishery without a copy of NMFS' approval letter on board pursuant to Sec. 679.4(m). (ii) Have on board at any one time pollock harvested in the AI directed pollock fishery and pollock harvested from either the Bering Sea subarea or the Gulf of Alaska. (iii) Use a catcher vessel to deliver pollock harvested in the AI directed pollock fishery: (A) To a shoreside or stationary floating processor that does not have an approved CMCP pursuant to Sec. 679.28(g) and is not approved by NMFS to process pollock harvested in the AI directed pollock fishery, or (B) To a catcher/processor or mothership that is not approved by NMFS to process pollock harvested in the AI directed pollock fishery. (iv) Use a catcher vessel greater than 60 ft (18.3 m) LOA to harvest pollock in the AI directed pollock fishery unless the vessel has a valid AFA catcher vessel permit on board. (5) AI directed pollock fishery overages. (i) Use a catcher vessel selected by the Aleut Corporation and approved by NMFS to participate in the AI directed pollock fishery under Sec. 679.4(m) to harvest pollock in the AI directed pollock fishery in excess of the Aleut Corporation's annual or seasonal allocations of pollock or in excess of the vessel allocation specified under Sec. 679.20(a)(5)(iii). (ii) The Aleut Corporation is prohibited from exceeding its annual and seasonal allocations of AI pollock TAC or from exceeding the allocation to vessels, as specified in Sec. 679.20(a)(5)(iii). [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register citations affecting Sec. 679.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Effective Date Note: At 71 FR 17381, Apr. 6, 2006, Sec. 679.7 was amended by adding paragraph (m), effective Jan. 20, 2008. For the convenience of the user the added text follows: Sec. 679.7 Prohibitions. * * * * * (m) Prohibitions specific to GRS. It is unlawful for the owner or operator of a catcher/processor that is 125 ft (38.1 m) LOA or longer and not listed in Sec. 679.4(l)(2)(i) and using trawl gear in the BSAI to: (1) Retain an amount of groundfish during a fishing year that is less than the amount of groundfish required to be retained under the GRS program described at Sec. 679.27(j). (2) Fail to submit, submit inaccurate information, or intentionally submit false information on any report, application or statement required under this part. (3) Process or discard any catch not weighed on a NMFS-approved scale that complies with the requirements of Sec. 679.28(b). Catch must not be sorted before it is weighed and each haul must be available to be sampled by an observer for species composition. (4) Process any groundfish without an observer sampling station that complies with Sec. 679.28(d). (5) Combine catch from two or more hauls. (6) Receive deliveries of unsorted catch at any time during a fishing year without complying with Sec. 679.27(j)(3) if the vessel is required to comply with Sec. 679.27(j)(1) at any time during the same fishing year. * * * * *