[Federal Register: June 7, 2006 (Volume 71, Number 109)]
[Proposed Rules]
[Page 33039-33099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn06-40]
[[Page 33039]]
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Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 679
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of
Alaska Fishery Resources; Proposed Rule
[[Page 33040]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060511126-6126-01; I.D. 050306E]
RIN 0648-AT71
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Gulf of Alaska Fishery Resources
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule to Amendment 68 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). This action
would implement statutory provisions for the Central Gulf of Alaska
Rockfish Pilot Program (hereinafter referred to as the Program). This
proposed action is necessary to increase resource conservation and
improve economic efficiency for harvesters and processors who
participate in the fishery. This action is intended to promote the
goals and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the FMP, and other applicable
law.
DATES: Comments must be received no later than July 24, 2006.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Records Office. Comments may be submitted by:
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand Delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Fax: 907-586-7557.
E-mail: 0648-AT71-CGRockfish@noaa.gov. Include in the
subject line of the e-mail the following document identifier: Central
Gulf Rockfish RIN 0648-AT71. E-mail comments, with or without
attachments, are limited to 5 megabytes.
Web form at the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions at that site for
submitting comments.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS (see ADDRESSES) and by e-mail at
David_Rostker@omb.eop.gov or by fax to 202-395-7285.
Copies of Amendment 68 and the Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for
this action may be obtained from the NMFS Alaska Region at the address
above or from the Alaska Region Web site at http://www.fakr.noaa.gov/sustainablefisheries.htm
.
FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228 or
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages Gulf of Alaska (GOA) groundfish
fisheries through the authority of the Magnuson-Stevens Act. Congress
granted NMFS specific statutory authority to manage Central GOA
rockfish fisheries in Section 802 of the Consolidated Appropriations
Act of 2004 (Pub. L. 108-199; Section 802). In Section 802, Congress
required the North Pacific Fishery Management (Council) to establish
the Program with specific provisions. The Program was developed and
recommended by the Council to meet the requirements of Section 802,
which states:
SEC. 802. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM. The
Secretary of Commerce, in consultation with the North Pacific
Fishery Management Council, shall establish a pilot program that
recognizes the historic participation of fishing vessels (1996 to
2002, best 5 of 7 years) and historic participation of fish
processors (1996 to 2000, best 4 of 5 years) for Pacific ocean
perch, northern rockfish, and pelagic shelf rockfish harvested in
Central Gulf of Alaska. Such a pilot program shall (1) provide for a
set-aside of up to 5 percent for the total allowable catch of such
fisheries for catcher vessels not eligible to participate in the
pilot program, which shall be delivered to shore-based fish
processors not eligible to participate in the pilot program; (2)
establish catch limits for non-rockfish species and non-target
rockfish species currently harvested with Pacific ocean perch,
northern rockfish, and pelagic shelf rockfish, which shall be based
on historical harvesting of such bycatch species. The pilot program
will sunset when a Gulf of Alaska Groundfish comprehensive
rationalization plan is authorized by the Council and implemented by
the Secretary, or 2 years from date of implementation, whichever is
earlier.
The Council adopted the proposed Program on June 6, 2005. This
proposed action would meet the requirements of Section 802 by
considering harvesting activities from 1996 until 2002 and historic
processing activities from 1996 until 2000. The Program would recognize
the historic participation of fishing vessels by allowing harvesters
delivering onshore to form cooperatives and to receive an exclusive
annual harvest privilege for those cooperatives. The Program would
recognize the historic participation of processors by requiring
cooperatives to form in association with a processor, effectively
recognizing processors with processing activities during the historic
period established in Section 802.
NOAA General Counsel reviewed Section 802 and in a February 3, 2005
legal opinion to the Council concluded that:
(1) Section 802 requires the Secretary of Commerce (Secretary)
and the Council to recognize the historic participation of fishing
vessels and fish processors for specific time periods, geographical
areas, and rockfish species when establishing the [Program]; and (2)
Section 802 does not authorize recognition of the historic
participation of fishing vessels or processors in years other than
those specified in Section 802. Further, Section 802 defines the
range of years, but does not specify that a processor must have
actually processed in each of those years in order to be eligible to
participate in the [Program].
The opinion by NOAA General Counsel noted further that:
Section 802 authorizes the Council and Secretary to develop a
program that would establish ``[American Fisheries Act(AFA)]-style''
cooperatives or a program that would establish limited entry
licenses for processors in the CGOA rockfish fishery. However,
Section 802 does not authorize the establishment of processor shares
since they are prohibited under Section 802 of the [Consolidated
Appropriations Act of 2004]. The legislative history supports the
position that the Council is authorized to consider a broad range of
``appropriate'' management schemes, including ``AFA-style''
cooperatives, which are specifically mentioned in the legislative
history. * * *
The Council considered the Congressional guidance in the
development of the Program, particularly in the selection of specific
years on which to base participation, and for the ``recognition'' of
processor participation. While NMFS does not have specific authority
under the Magnuson-Stevens Act to directly regulate on-shore processing
activities, Section 802 requires NMFS to regulate on-shore processors
under this Program.
Concurrent with the enactment of Pub. L. 108-199, Section 802, in
2004, industry representatives for harvesters and processors developed
proposed elements for the Program and vetted those alternatives,
elements, and options and submitted them to the Council for
consideration. The Council and NMFS prepared analytical documents (EA/
RIR/IRFA) for the
[[Page 33041]]
Program that reviewed alternative methods to improve the economic
efficiency in the Central GOA fisheries. These included: Status quo
management under the License Limitation Program (LLP); the formation of
harvester cooperatives that would receive an exclusive annual harvest
privilege that did not require linkage with a specific processor but
that established a limited number of eligible processors; and the
preferred alternative, which would permit the formation of harvester
cooperatives that must be formed in association with a qualified
processor, and that would receive an exclusive annual harvest
privilege.
Currently, rockfish fisheries, and many other groundfish fisheries,
are managed under the LLP. The LLP requires harvesters to possess an
LLP license to participate in GOA fisheries, but does not provide
specific exclusive harvest privileges to LLP holders. Harvesters with
LLP licenses compete with each other for the total allowable catch
(TAC) assigned to the fishery. This competition creates economic
inefficiencies. Harvesters increase the fishing capacity of their
vessels to outcompete other vessels. This results in an accelerated
rate of fishing as fishermen race to harvest more fish than their
competitors. Similarly, processors increase their processing capacity
to outcompete other processors. These incentives to increase harvesting
and processing capacity reduce the ability of harvesters and processors
to extract additional value from the fishery products because the TAC
is harvested and processed quickly. This rapid pace provides few
opportunities to focus on quality or produce product forms that require
additional time but yield greater value.
Central GOA Rockfish Pilot Program Overview
The Program was developed by trawl industry representatives,
primarily from Kodiak, Alaska, in conjunction with catcher/processor
representatives. They sought to improve the economic efficiency of the
Central GOA rockfish fisheries by developing a program that would
establish cooperatives that would receive exclusive harvest privileges.
These rockfish fisheries are almost exclusively harvested by trawl
vessels in Federal waters.
This proposed rule would implement the Program as developed by the
Council. The Program would be authorized for two years, from January 1,
2007, until December 31, 2008. The Program would provide exclusive
harvesting and processing privileges for a specific set of rockfish
species and for associated species harvested incidentally to those
rockfish in the Central GOA--an area from 147[deg] W. long. to 159[deg]
W. long.
The rockfish species for which exclusive harvesting and processing
privileges would be allocated under the Program are the primary
rockfish species. The primary rockfish species are northern rockfish,
Pacific ocean perch, and pelagic shelf rockfish. The species
incidentally harvested by vessels during rockfish fisheries in the
Central GOA are the secondary species. The secondary species managed
under this Program for which an exclusive harvesting and processing
privilege would be allocated include: Pacific cod, rougheye rockfish,
shortraker rockfish, sablefish, and thornyhead rockfish.
The Program would also allocate a portion of the total GOA halibut
mortality limit to participants based on historic halibut mortality
rates in the primary rockfish species fisheries. Halibut caught by
trawl gear is considered to be a prohibited species catch (PSC) and may
not be retained or sold under regulations established under the
authority of the Northern Pacific Halibut Act of 1982. However, the
Program would provide participants a fixed amount of incidental halibut
mortality for use through an allocation of halibut bycatch,
specifically an allocation of the halibut mortality limit. Halibut is
incidentally caught and killed in a number of the primary rockfish
species and secondary species fisheries. The Program would account for
this halibut mortality by providing a portion of the GOA halibut
mortality limit to Program participants. To maintain consistency with
terms currently used by NMFS and the fishing industry, this halibut
mortality limit would be called a halibut PSC limit.
The Program would allocate harvest privileges to holders of LLP
licenses with a history of Central GOA rockfish landings associated
with those licenses. The allocation of legal landings to an LLP license
would allow the holder of that LLP license to participate in the
Program and receive an exclusive harvest privilege under certain
conditions. Specifically, the Program would:
1. Assign quota share (QS) for primary rockfish species to an LLP
license with a trawl gear designation in the Central GOA. The Program
would assign QS to an LLP license based on the legal landings of
primary rockfish species associated with that LLP license. A person
could receive this QS if the LLP license had a history of primary
rockfish species landings during a specific time period associated with
the license and the person holding the LLP license met other
eligibility requirements. Once QS was assigned to a specific LLP
license it could not be divided or transferred separately from that LLP
license. On an annual basis, a LLP holder would assign the LLP license
and QS assigned to that LLP license for use in a rockfish cooperative,
limited access fishery, or opt-out fishery.
2. Establish eligibility criteria for processors to have an
exclusive privilege to receive and process primary rockfish species and
secondary species allocated to harvesters in this Program.
3. Allow a person holding a LLP license with QS to form a rockfish
cooperative with other persons (i.e., harvesters) on an annual basis.
Rockfish cooperatives would receive an annual cooperative fishing quota
(CFQ), which would be a dedicated amount of primary rockfish species
and secondary species that the rockfish cooperative could harvest in a
given year. Rockfish cooperatives also would receive an annual CFQ that
would be a limit on the amount of halibut PSC the cooperative could use
while prosecuting its primary rockfish species and secondary species
CFQ. The amount of CFQ assigned to a cooperative would be based on the
sum of the QS held by all the harvesters participating in the rockfish
cooperative. A rockfish cooperative could form only under specific
conditions. A person holding a LLP license that allows them to catch
and process their catch at sea (catcher/processor vessel LLP) could
form a rockfish cooperative with other persons holding catcher/
processor LLP licenses. A person holding a LLP license that allows them
only to deliver their catch onshore (catcher vessel LLP) could only
form a rockfish cooperative with other persons holding catcher vessel
LLP licenses and only in association with the processor to whom those
persons have historically delivered most of their catch.
4. Allow rockfish cooperatives to transfer all or part of their CFQ
to other rockfish cooperatives, with some restrictions.
5. Provide an opportunity for a person not in a rockfish
cooperative, but who holds an LLP license with QS, to fish in a limited
access fishery. NMFS would not allocate a specific amount of fish to a
specific harvester in the limited access fishery. All harvesters in the
limited access fishery would compete with all other such harvesters to
catch the TAC assigned to the limited access fishery. The TAC assigned
to the limited access fishery would represent the total amount of fish
assigned to all the
[[Page 33042]]
persons with LLP licenses designated for the limited access fishery.
6. Establish a small entry level fishery for Central GOA rockfish
for harvesters and processors not eligible to receive QS under this
Program.
7. Allow holders of catcher/processor LLP licenses to opt-out of
the Program, with certain limitations.
8. Limit the ability of processors to process catch outside the
communities in which they have traditionally processed primary rockfish
species and associated secondary species.
9. Establish catch limits, commonly called ``sideboards,'' to limit
the ability of participants eligible for this Program to harvest fish
in fisheries other than the Central GOA rockfish fisheries. The Program
would provide certain economic advantages to harvesters. Harvesters
could use this economic advantage to increase their participation in
other fisheries, adversely affecting the participants in other
fisheries. Sideboards would limit the total amount of catch in other
groundfish fisheries that could be taken by eligible harvesters to
historic levels. Sideboards would limit harvests made in the state
parallel groundfish fisheries, which are fisheries opened by the State
of Alaska in state waters concurrent with the Federal season to allow
the prosecution of the TAC. Sideboards would limit harvest in specific
rockfish fisheries and the amount of halibut bycatch that could be used
in certain flatfish fisheries. General sideboards would apply to all
vessels and LLP licenses with legal landings associated with that
vessel or LLP license that could be used to generate QS. Additionally,
specific sideboards would apply to certain catcher/processor and
catcher vessels and LLP licenses.
10. Create a monitoring and enforcement mechanism to ensure that
harvesters maintain catches within their annual allocations and would
not exceed sideboard limits.
The Program would provide greater security to harvesters in
rockfish cooperatives by creating an exclusive harvest privilege.
Although participants in the limited access fishery, opt-out fishery,
and entry level fishery would not receive a guaranteed catch
allocation, most harvesters would be likely to participate in a
rockfish cooperative that receives CFQ. The Program likely would result
in a slower-paced fishery and could provide the ability for the
harvester to choose when to fish and therefore avoid poor weather. The
Program likely would provide greater stability for processors by
spreading out production over a greater period of time. These changes
would increase the focus on product quality in all sectors.
Cost Recovery and Fee Collection Provisions
Section 304(d)(2)(A) of the Magnuson-Stevens Act requires the
Secretary to ``collect a fee to recover the actual costs directly
related to the management and enforcement of any * * * individual
fishing quota program [or] community development quota program.'' Any
individual fishing quota (IFQ) program, must follow the statutory
provisions set forth by section 304(d)(2) of the Magnuson-Stevens Act
and other provisions of the Magnuson-Stevens Act related to cost
recovery and fee collection for IFQ programs. NMFS and NOAA General
Counsel are reviewing the applicability of the Magnuson-Stevens Act
provisions on cost recovery and fee collection to the Program. If
subsequent review of the Magnuson-Stevens Act and the Program indicate
that a fee collection provision is required, NMFS would implement any
required provision in a subsequent regulatory amendment to the Program.
Specific Components of the Program
Quota Share Allocation and Eligibility
The Program would establish eligibility criteria for harvesters and
processors. Only harvesters that are eligible for the Program could
receive an exclusive harvest privilege through the formation of a
rockfish cooperative. Eligible harvesters would also be allowed to fish
in a limited access fishery if they chose not to join a cooperative.
Eligible harvesters with LLP licenses designated for the catcher/
processor sector could choose to opt-out of most of the aspects of the
Program. Processor eligibility would be established based on processors
meeting minimum processing requirements during a specific historic
period. Processors that are eligible for the Program could form
exclusive associations with harvester cooperatives that are formed by
eligible harvesters holding LLP licenses designated for the catcher
vessel sector. The eligible processors would be authorized to process
the fish harvested in the limited access fishery by harvesters not in
cooperatives.
Quota Share
Quota share is the term used to describe the multi-year privilege
to be eligible to receive exclusive harvest privileges under the
Program. Although the Council did not use the specific term ``quota
share'' when describing the ability to receive a harvest privilege
under this Program, the Council used the terms ``LLP historic shares,''
``CV historic shares,'' ``CP historic shares,'' and ``harvest shares''
to describe the harvest privilege that is linked to historic harvests
attributed to an LLP license. Rather than create a new term to explain
an established concept, NMFS would use the term ``quota share'' to
describe a harvest privilege based on historic harvest activities. The
use of the term ``quota share'' does not alter the original intent of
the Council.
Quota share would be an attribute of the LLP license. Once NMFS
calculated how much QS would be allocated to an LLP license, NMFS would
modify that LLP license and designate that amount on the license. Quota
share assigned to an LLP license could not be transferred independent
from that LLP license. QS assigned to a LLP license would not confer a
guaranteed harvest to the holder of that QS. QS would provide a harvest
privilege, not a right, to its holder.
Quota share would be the basis for the annual calculation of the
amount of fish that may be harvested or used if that QS were assigned
to a rockfish cooperative. Once QS was assigned to an LLP license, it
would authorize that LLP holder to participate in the Program with that
LLP license. If an eligible harvester assigned that LLP license, and
its associated QS, to a cooperative with other eligible harvesters, the
sum of the QS of all of the eligible harvesters would yield an
exclusive annual catch limit of rockfish species, secondary species,
and halibut PSC that could be harvested by the members of the rockfish
cooperative. Cooperatives would be formed by eligible harvesters
holding LLP licenses in the same sector, either the catcher/processor
sector or the catcher vessel sector.
If an eligible harvester assigned a LLP license with QS to the
limited access fishery, that harvester could compete with other
eligible harvesters for a portion of the TAC assigned to all
participants in the limited access fishery, but would not receive a
guaranteed harvest amount based on the QS on that LLP license. One
limited access fishery would be established for catcher/processor
sector, another for the catcher vessel sector.
If an eligible harvester assigned an LLP license with QS to the
opt-out fishery, that QS would not yield any guaranteed amount and that
LLP license could not be used in a rockfish cooperative or limited
access fishery. Only eligible harvesters holding LLP licenses
designated for the catcher/processor sector could choose to participate
in the opt-out fishery.
[[Page 33043]]
Eligibility for harvesters. The Program would allocate QS to LLP
license holders based on the catch history associated with the LLP
licenses held by that person at the time of application. Eligibility to
receive QS would be based on the history of legal landings of primary
rockfish species in the Central GOA associated with an LLP license.
A person would be eligible to receive QS under this Program if: (1)
That person held the LLP license at the time of application; (2) a
vessel made landings of primary rockfish species attributed to that LLP
license during a specific time period; (3) those landings were legal
landings; and (4) that person submitted a timely application that is
subsequently approved by NMFS.
A holder of an LLP license would be required to hold a permanent
fully transferable LLP license endorsed for Central GOA groundfish with
a trawl designation at the time of application to participate in the
Program. Although the Council motion notes that an interim LLP license
would be considered as eligible for QS under this Program, NMFS has
resolved all claims for interim LLP licenses that are endorsed for
Central GOA groundfish with a trawl designation. Therefore, interim LLP
licenses would not be considered eligible LLP licenses for this
Program.
NMFS would assign QS to a LLP license if legal landings were
attributed to that LLP license, or made under the authority of that LLP
license for any of the primary rockfish species during the directed
fishing seasons during the time period established in Table 1. The LLP
was effective on January 1, 2000 (63 FR 52642). Some of the primary
rockfish species landings that could result in QS could have been made
on a vessel before the LLP was effective, and LLP licenses had been
issued; this would include any landings made between 1996 and 1999. Any
primary rockfish species landings made on a vessel between 1996 and
1999 would be attributed to the LLP license that was originally issued
in 2000 based on the activities of that vessel. Some landings that
would result in QS could have been made after the effective date of the
LLP and under the authority of an LLP license; this would include
landings made between 2000 and 2002. This Program would include legal
landings made before and after the effective date of the LLP.
NMFS did not track the use of an LLP license on a specific vessel
during the 2000 and 2001 calendar years. NMFS would attribute legal
landings for 2000 to 2001 to an LLP license based on the presumption
that the LLP license was used aboard the same vessel to which that LLP
license was originally issued in 2000. An applicant to receive QS would
be required to submit documentation establishing otherwise. This
written documentation would have to be submitted to NMFS for review
during the application process.
Multiple LLP licenses can be used on a vessel. Therefore, landings
made on a vessel could have been assigned to more than one LLP license.
If more than one person claims the same landing to be assigned to more
than one LLP license, then each LLP license would be assigned an equal
share of the QS resulting from that landing. NMFS would award the QS
resulting from a landing in another manner, only if the applicants
could provide written documentation of an agreement establishing an
alternative means for distributing the QS. This written documentation
would have to be provided to NMFS for review during the application
process. NMFS anticipates very few landings would be claimed by more
than one person for more than one LLP license based on experience with
previous rationalization programs.
A legal landing would include fish caught, retained, and reported
in compliance with state and Federal regulations in effect at the time
of landing. Specifically, the definition of a legal landing would be
further defined for catcher vessels and catcher/processor vessels as
follows:
For catcher vessels, a legal landing would include the harvest of
groundfish from the Central GOA regulatory area that was offloaded and
recorded on a State of Alaska fish ticket during the directed fishing
season for the primary rockfish fisheries, and an amount of halibut
mortality that was attributed to that catcher vessel sector during the
directed fishing season for the primary rockfish fisheries as shown in
Table 1.
For catcher/processors, a legal landing would include the harvest
of groundfish from the Central GOA regulatory area that is recorded on
a NMFS weekly production reports (WPRs) during the directed fishing
season for the primary rockfish fisheries, and an amount of halibut
mortality attributed to the catcher/processor sector during the
directed fishing season for the primary rockfish fisheries as shown in
Table 1.
The directed fishing season dates that would be used to establish a
legal landing for each of the primary species are presented in Table 1:
Table 1.--Dates Each Year for Legal Landings of Primary Species Fisheries Under the Program
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Year
A legal rockfish landing includes --------------------------------------------------------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
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Northern rockfish that were July 1-July 20....... July 1-July 10....... July 1-July 14....... July 1-July 19 and July 4-July 26....... July 1-July 23 and June 30-July 21.
harvested between; Aug. 6-Aug. 10. Oct. 1-Oct. 21.
and landed by.................... July 27.............. July 17.............. July 21.............. July 26 and Aug. 16, August 2............. July 30 and Oct. 28, Aug. 2.
respectively. respectively.
Pelagic shelf rockfish that were July 1-Aug. 7 and July 1-July 20....... July 1-July 19....... July 1-Sept. 3....... July 4-July 26....... July 1-July 23 and June 30-July 21.
harvested between; Oct. 1-Dec. 2. Oct. 1-Oct. 21.
and landed by.................... Aug. 14 and Dec. 9, July 27.............. July 26.............. Sept. 10............. Aug. 2............... July 30 and Oct. 28, July 28.
respectively. respectively.
Pacific ocean perch that were July 1-July 11....... July 1-July 7........ July 1-July 6 and July 1-July 11 and July 4-July 15....... July 1-July 12...... June 30-July 8.
harvested between; July 12-July 14. Aug. 6-Aug. 8.
and landed by.................... July 18.............. July 14.............. July 13 and July 21, July 18 and Aug. 15, July 22.............. July 19............. July 15.
respectively. respectively.
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As shown in Table 1, NMFS would consider legal landings for QS if
the harvests were made during the season opening and the landings were
reported within seven days after the end of the directed fishing
season. This seven day
[[Page 33044]]
extension would accommodate harvesters that caught rockfish during the
directed fishing season, but were not able to deliver that catch until
after the season ended. Several days may be required for a harvesting
vessel to reach processing facilities after the end of a season, and
the seven day extension would accommodate those harvesters.
Additionally, this seven day period would accommodate catcher/
processors that submitted WPRs in a timely manner. Because the WPR is
required on a weekly basis, the season could have ended before the WPR
submission deadline had been reached. A seven day period after the end
of the directed fishing season to report landings would accommodate
catcher/processors submitting WPRs.
A timely application would include a complete application to
participate in the Program is that is received by NMFS not later than 5
p.m. on December 1, 2006, or postmarked by that date. The application
process and specific components required in the application are
detailed under Application and Appeal Process below.
NMFS would consider an eligible rockfish harvester as any person
who holds an LLP license with QS. The LLP license holder may have
obtained the QS by submitting an approved application to participate in
the Program, or received the LLP license with QS through a NMFS-
approved transfer. The procedures for receiving an LLP license through
by transfer are described in regulations at 50 CFR 679.4(k)(7).
Eligibility for Processors
The Program would require that processors meet certain eligibility
requirements to receive any primary or secondary species fish harvested
by a rockfish cooperative, or in a limited access fishery. Processors
that do not meet these eligibility requirements could receive only
primary rockfish harvested from the Central GOA under the entry level
fishery. Processor eligibility would not guarantee a processor a
specific quantity of fish for delivery. It would give processors the
ability to associate with a rockfish cooperative with catcher vessel
harvesters or to compete with other eligible processors to receive fish
harvested in the limited access fishery.
Eligibility to participate as a processor in the Program would be
limited to those persons who: (1) Hold the processing history of a
processing facility; (2) meet a minimum amount of annual primary
rockfish processing; and (3) submit a timely application approved by
NMFS. Persons who meet this requirement would be an eligible rockfish
processor and would be authorized to receive and process fish harvested
under the Program. Once a person is an eligible processor, that person
may transfer this privilege, subject to approval by NMFS.
A person would hold the processing history of a shoreside processor
or stationary floating processor if he or she owned the processing
facility at the time of application to participate in the Program, or
if that person held the processing history from an otherwise qualified
processing facility under the express terms of a written contract that
clearly and unambiguously provides that such processing history is held
by that person. A copy of this contract would need to be submitted to
NMFS for review with the application.
The effect of this provision is that a person could hold processing
history that was earned during the qualifying years even if that person
does not own the processing facility where those rockfish were
processed. This provision would address a concern raised by the public
during the development of the Program. At least one processing facility
that actively processed primary rockfish species during the qualifying
years, and could be eligible under the Program is no longer active. The
processing history from that processing facility was sold to another
processing entity. Allowing a person to hold processing history without
owning the facility at which that processing history was earned would
allow the holder of the processing history to continue to receive
primary rockfish species and secondary species under the Program and be
eligible to associate with harvesters in a rockfish cooperative.
To become an eligible processor, the holder of processing history
must hold processing history from a shoreside processor or stationary
floating processor entity that received not less than 250 metric tons
in round weight equivalent of legally landed primary rockfish species
each calendar year in any four of the five calendar years from 1996
through 2000 during the directed fishing season. The season dates are
the same as those established in Table 1 for harvesters. NMFS will use
State of Alaska fish tickets to determine legal landings of rockfish
for processors.
If the Program is approved by the Secretary of Commerce, a timely
processor application would need to be submitted and received by NMFS
not later than 5 p.m. on December 1, 2006. The specific components of
the application are described under Application and Appeal Process
below.
The Official Rockfish Program Record
NMFS would determine the amount of an eligible applicant's QS, or a
person's eligibility as a processor, based on a review of the Official
Rockfish Program Record (Official Record). NMFS would produce the
Official Record from data including State of Alaska fish tickets, NMFS
WPRs, and other relevant information. NMFS would presume the Official
Record is correct and an applicant would have the burden of
establishing otherwise through an evidentiary appeals process. That
process is described under Application and Appeal Process below.
Application and Appeal Process
To receive QS or processor eligibility, a potentially eligible
harvester or processor must submit an application to participate in the
Program that is received by NMFS by 5 p.m. on December 1, 2006, or
postmarked by that date (if mailed). NMFS would facilitate the
application process by making the application form available on the
NMFS, Alaska Region website http://www.fakr.noaa.gov. Interested
persons may contact NMFS to request an application package. NMFS would
mail an application package to all potentially eligible LLP license
holders based on the address on record at the time the application
period opens. An application may be submitted by mail, fax, or hand
delivery. The proposed regulatory text (see Sec. 679.81(e)) provides
addresses and delivery locations.
NMFS would require an application to participate in the Program for
potentially eligible processors and harvesters. The proposed regulatory
text (see Sec. 679.81(e)) provides a detailed list of the information
required for the application. Briefly, the application would contain
the following elements:
1. Identification and contact information for the applicant;
2. Harvester information, including vessel identification and LLP
licenses used on a vessel (harvesters only);
3. Identification of processing activities, locations, and
processing history held by the applicant (processors only); and
4. Name of the community in which fish were processed (processors
only). The community is either the city if the community is
incorporated as a city within the State of Alaska, or the borough if
the community is not in a city incorporated within the State of Alaska
and the city is in a borough as incorporated within the State of
Alaska;
5. The four of the five calendar years from 1996 through 2000 to
establish which harvesters would be included for
[[Page 33045]]
consideration when establishing a rockfish cooperative in association
with that processor--the processor qualifying period (processors only);
6. A copy of the contract that the legal processing history and
rights to apply for and receive processor eligibility based on that
legal processing history have been transferred or retained (if the
processing history has been transferred);
7. Any other information deemed necessary by NMFS. NMFS may request
additional information to clarify the application and determine if an
applicant's LLP license is qualified to receive QS, or if an applicant
is an eligible rockfish processor; and
8. The applicant's signature and certification.
NMFS would evaluate applications submitted during the specified
application period and compare all claims in an application with the
information in the Official Record. NMFS would accept claims in an
application it determines to be consistent with information in the
Official Record. NMFS would not accept inconsistent claims in the
applications, unless verified by documentation. An applicant who
submits inconsistent claims, or an applicant who fails to submit
information supporting his or her claims with their application, would
be provided a single 30-day evidentiary period to submit the specified
information, submit evidence to verify his or her inconsistent claims,
or submit a revised application with claims consistent with information
in the Official Record. An applicant who submits claims that are
inconsistent with information in the Official Record would have the
burden of proving that the submitted claims are correct.
NMFS would evaluate additional information or evidence to support
an applicant's inconsistent claims submitted prior to or within the 30-
day evidentiary period. If NMFS were to determine that the additional
information or evidence met the applicant's burden of proving that the
inconsistent claims in his or her application were correct, NMFS would
amend the Official Record with that information or evidence. NMFS would
use this information or evidence to determine the applicant's
eligibility. However, if NMFS were to determine that the additional
information or evidence did not meet the applicant's burden of proof
that the inconsistent claims in his or her application were correct,
NMFS would deny the inconsistent claims. NMFS would notify the
applicant that the additional information or evidence did not meet the
burden of proof to change the information in the Official Record
through an initial administrative determination (IAD).
NMFS would prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period if NMFS were to determine
that the information or evidence provided by the applicant failed to
support the applicant's claims and is insufficient to rebut the
presumption that the Official Record is correct. NMFS' IAD would
indicate the deficiencies and discrepancies in the application, or
revised application, including any deficiencies in the information, or
the evidence submitted in support of the information. NMFS' IAD would
indicate which claims could not be approved based on the available
information or evidence. An applicant could appeal an IAD. The appeals
process is described under 50 CFR 679.43. An applicant who appeals an
IAD would not receive contested landing data until the appeal was
resolved in the applicant's favor.
Once NMFS has approved an application from a person holding a valid
fully transferrable LLP license with legal rockfish landings, that
person would be an eligible rockfish harvester. Once NMFS has approved
an application from a person with legal rockfish processing history,
that person would be an eligible rockfish processor.
Quota Share Calculation Method for Primary Rockfish Species
Once NMFS has determined that a person is an eligible rockfish
harvester, NMFS would specify the QS for the primary rockfish species
for each LLP license held by that eligible rockfish harvester.
An eligible rockfish harvester who holds an LLP license endorsed
for Central GOA groundfish fisheries with a catcher/processor trawl
designation would be eligible to receive QS to participate in the
catcher/processor sector. The allocation would be based on any legal
landings of primary species that were harvested and processed aboard
the vessel from which that LLP license was derived or used during the
qualifying periods. If landings were made on a vessel that was
originally issued an LLP license in 2000 with a catcher/processor
designation, but the primary rockfish species legally landed by that
vessel were not caught and processed onboard that vessel, NMFS would
assign any QS resulting from those legal landings to the catcher vessel
sector. Based on an initial review of legal landings data, NMFS does
not anticipate any such allocations.
An eligible rockfish harvester who holds an LLP license endorsed
for Central GOA groundfish fisheries with a trawl designation and with
landings that were not processed at sea would be eligible to receive QS
to participate in the catcher vessel sector. The allocation would be
based on any legal landings of primary species that were harvested
aboard the vessel from which that LLP license was derived or used
during the qualifying periods.
QS Calculation Procedure
NMFS would calculate the QS for each of the three primary rockfish
species for each fully transferable LLP license held by an eligible
rockfish harvester using the following procedures.
First, NMFS would sum the legal landings of each primary rockfish
species for each year from 1996 through 2002, including years with zero
pounds, during the fishery seasons listed in Table 1.
Second, NMFS would sum the five years with highest poundage of
legal landings for that LLP license for that primary rockfish species
(referred to the highest five years for that LLP license).
Third, NMFS would divide the highest five years for that LLP
license by the sum of all the pounds for all of the highest five years
for all LLP licenses for that primary rockfish species. This remaining
amount is the ratio of the highest five years of legal landings for
that LLP license compared to the highest five years for all LLP
licenses with legal landings.
Fourth, NMFS would multiply this ratio by the initial QS pool for
that primary rockfish species in units. This would yield the QS that
would be issued for that LLP license in QS units. The Council
recommended that the sum of all the initial QS units in a fishery would
equal the sum of the 2002 TAC for that fishery (expressed in pounds).
Using a conversion of 2204.6 pounds per metric ton for the 2002 TACs,
the initial QS pool units that would be issued for the three primary
species fisheries are: Northern rockfish--9,193,182 QS units; pelagic
shelf rockfish--7,672,008 QS units; Pacific ocean perch--18,121,812 QS
units. In future years, the total QS units in a fishery would vary from
the initial QS pool only if subsequent appeals, enforcement actions, or
other operations of law were to affect the total number of QS units
(e.g., Congressional action).
Fifth, NMFS would determine the amount of QS units for that LLP
license for a primary rockfish species that would be assigned to the
catcher/processor sector. NMFS would determine the percentage of legal
landings in the highest five years for
[[Page 33046]]
that LLP license used to calculate the QS assigned to the catcher/
processor sector and would multiply the QS units for that license by
this percentage. This yields the QS units that would be assigned to the
catcher/processor sector for that LLP license.
Finally, NMFS would determine the amount of QS units for that LLP
license for a primary rockfish species that would be assigned to the
catcher vessel sector. NMFS would determine the percentage of legal
landings in the highest five years for that LLP license used to
calculate the QS assigned to the catcher vessel sector and multiply the
QS units for that license by this percentage. This yields the QS units
to that would be assigned to the catcher vessel sector for that LLP
license.
The total amount of QS units assigned to the catcher vessel sector
would be equal to the sum of all QS units assigned to all eligible
rockfish harvesters in the catcher vessel sector. The total amount of
QS assigned to the catcher/processor sector would be equal to the sum
of all QS units assigned to all eligible rockfish harvesters in the
catcher/processor sector.
If an application is denied by final agency action, then all
primary rockfish species that would have been assigned to that
applicant based on that LLP license would be redistributed among all
other eligible rockfish harvesters in that sector in proportion to the
amount of their primary species QS. Based on previous experience with
other rationalization programs (e.g., the Halibut and Sablefish IFQ
Program and the Bering Sea/Aleutian Islands (BSAI) Crab Rationalization
Program), NMFS anticipates that almost all potential recipients of QS
will apply.
NMFS would not issue separate QS for the secondary species or
halibut PSC. Instead, NMFS would use the amount of primary rockfish
species QS to determine the specific annual catch amount for those
species. The Council recommended that NMFS base the annual catch limit
of secondary species and halibut PSC on the historic harvests of
primary rockfish species attributed to LLP licenses in that sector.
NMFS would incorporate this recommendation in the annual determination
of the catch limit. The methods for calculating the annual catch limit
for primary rockfish species, secondary species, and halibut PSC are
discussed below under TAC Calculation Methods.
Participation in a Rockfish Cooperative, Limited Access Fishery, and
Opt-Out Fishery
An eligible rockfish harvester who receives QS allocation assigned
to a specific LLP license would be required to assign all the QS
associated with the LLP license to a specific rockfish cooperative, a
limited access fishery, or the opt-out fishery. The eligible rockfish
harvester could not assign portions of QS to different rockfish
cooperatives, to a rockfish cooperative and the limited access fishery,
or apportion the QS otherwise. Once an LLP license and its associated
QS is assigned for a year, the eligible rockfish harvester could not
reassign the LLP license or QS to a different fishery during that year.
Each year, an eligible rockfish harvester would be required to
apply to use the LLP license and its associated QS to participate in a
rockfish cooperative, in the limited access fishery, or in the opt-out
fishery. Applications would be available on the NMFS website http://www.fakr.noaa.gov
, or NMFS would mail applications to the applicant
upon request. Applications would have to be submitted to NMFS by mail,
fax, or hand delivery (see ADDRESSES). Applications would have to be
submitted by December 1 each year. An eligible rockfish harvester could
apply to participate in only one fishery per year with an LLP license
and its associated QS. The application would be valid for one year. The
contents of the specific applications are as follows:
Application for CFQ. A rockfish cooperative that submits an
application that is approved by NMFS would receive a CFQ permit. The
CFQ permit would contain the rockfish cooperative's CFQ of primary and
secondary species and halibut PSC, based on the collective QS of the
LLP licenses held by the cooperative members. The CFQ permit also would
identify the members of the rockfish cooperative and the vessels
authorized to harvest the CFQ. A vessel named on a CFQ permit would be
considered to be actively engaged in fishing the CFQ for that rockfish
cooperative fishery and would be subject to all observer, permitting,
and reporting requirements applicable to vessels fishing CFQ. A
rockfish cooperative would be required to submit an amended application
for CFQ to add or remove a vessel eligible to fish the CFQ assigned to
that cooperative. NMFS would be required to approve any amendments to
the application for CFQ. NMFS' issuance of a CFQ permit to a rockfish
cooperative would not be a determination that the rockfish cooperative
was formed or was operating in compliance with antitrust law.
A complete application would be required to contain the following
information:
1. Identification and contact information of the rockfish
cooperative;
2. Names of the members of the rockfish cooperative, including
information on the LLP licenses assigned to the rockfish cooperative;
3. A copy of the business license and articles of incorporation or
partnership agreement signed by the members of the rockfish
cooperative;
4. Terms that specify that: Processor affiliated harvesters could
not participate in price setting negotiations except as permitted by
general antitrust law, and that the cooperative must establish a
monitoring program sufficient to ensure compliance with the Program;
and
5. Applicant(s) signature and certification.
Application for the limited access fishery. In order to participate
in the limited access fishery for a year, an eligible rockfish
harvester would be required to submit an application for the limited
access fishery. An application would include the following information:
1. Identification and contact information of the eligible rockfish
harvester;
2. Information on the LLP license(s) and vessels that would be
assigned to the limited access fishery; and
3. Applicant signature and certification.
Application to opt-out. In order to opt-out of the Program for a
year, an eligible rockfish harvester with catcher/processor QS would be
required to submit an application to opt-out. An application would
include the following information:
1. Identification and contact information of the eligible rockfish
harvester;
2. Information on the LLP license(s) and vessels that would be
assigned to the opt-out fishery; and
3. Applicant signature and certification.
TAC and Halibut PSC Calculation Method
Annually, NMFS would determine the amount of primary species,
secondary species, and halibut PSC that would be allocated to each
fishery based on the total amount of QS assigned to each fishery. Table
2 describes the proposed annual allocations to a rockfish cooperative,
limited access fishery, or opt-out fishery.
[[Page 33047]]
Table 2.--Annual Allocations by Fishery Type and Species
----------------------------------------------------------------------------------------------------------------
Fishery type Primary rockfish species Secondary species Halibut PSC
----------------------------------------------------------------------------------------------------------------
Rockfish cooperatives............ CFQ is allocated to each rockfish cooperative with an exclusive harvest
privilege.
Limited access fishery........... TAC is allocated to the No specific amount is No specific amount is
catcher vessel or C/P allocated. The limited allocated. Habilbut
sector limited access access fishery is bycatch is limited by
fishery. There is no limited by a trip-based the PSC limit for that
exclusive harvest maximum retainable time period specified
privilege. Participants amount (MRA) for the respective deep
within the sector established in Table 3 and shallow water
compete for the TAC. of 50 CFR part 679. complex fisheries.
Opt-out (catcher/processor sector No allocation. Any amount No allocation........... No allocation. Halibut
only). that would have been bycatch is limited by
allocated is the PSC limit for that
redistributed among time period specified
catcher/processor sector for the respective deep
participants in rockfish and shallow water
cooperatives and the complex fisheries.
limited access fishery.
----------------------------------------------------------------------------------------------------------------
Primary Rockfish Species
NMFS would calculate the amount of primary rockfish species TAC
that would be assigned to the Program on an annual basis by first
deducting the incidental catch allowance (ICA) for primary rockfish
species harvests in other non-Program fisheries from the TAC for that
fishery. Primary rockfish species are incidentally harvested in other
fisheries (e.g., trawl flatfish fisheries) and NMFS must set aside some
bycatch amount for those fisheries. After accounting for this ICA, 95
percent of the remaining TAC for a primary rockfish species (TACs)
would be assigned for use by rockfish cooperatives and limited access
fisheries in the catcher vessel and catcher/processor sectors. Five
percent of the remaining TAC would be allocated for use in the entry
level fishery.
The TACs would be apportioned between the catcher/
processor sector and the catcher vessel sector. The amount of
TACs assigned to the catcher/processor sector would be
determined by multiplying the TAC by the ratio of QS units assigned to
all LLP licenses that receive QS in the catcher/processor sector
divided by the QS pool for that primary rockfish fishery. The amount of
TACs assigned to the catcher vessel sector would be
determined by multiplying the TAC by the ratio of QS units assigned to
all LLP licenses that receive QS in the catcher vessel sector divided
by the QS pool for that primary rockfish fishery.
Determining the TAC by Fishery Type. Once NMFS determines how much
TACs is assigned to each sector, the TACs for
each sector would be divided between the rockfish cooperative fishery
and the limited access fishery in that sector depending on the amount
of QS held by each LLP license assigned to each fishery.
LLP licenses assigned to a rockfish cooperative would yield CFQ
that would be based on the sum of all QS units associated with all LLP
licenses assigned to the rockfish cooperative for a specific primary
rockfish species. The annual CFQ issued to a cooperative would be equal
to the TACs assigned to that primary rockfish fishery in
that sector multiplied by the QS units assigned to that cooperative
divided by the QS pool for that sector in that fishery.
The TAC for a limited access fishery would be based on the
proportion of the QS for that primary rockfish species in that sector
associated with the LLP licenses assigned to the limited access
fishery. The TACs assigned to a limited access fishery for a
sector would be equal to the primary rockfish fishery TACs
remaining after the allocation of CFQ was made to the rockfish
cooperatives in that sector. These TACs would be assigned to
a catcher vessel limited access fishery and a catcher/processor limited
access fishery.
In the catcher/processor sector, an adjustment to the CFQ assigned
to rockfish cooperatives and TAC for the limited access fishery would
be made to account for LLP licenses assigned to the opt-out fishery.
The QS assigned to the opt-out fishery in the catcher/processor sector
would not yield any TAC allocation for that QS. Instead, the TAC that
would have resulted from that QS if it were assigned to a rockfish
cooperative or limited access fishery would be redistributed to the
rockfish cooperatives and the limited access fishery in the catcher/
processor sector. This redistribution would be proportional to the
relative holdings of QS held by a rockfish cooperative or limited
access fishery in the catcher/processor sector.
See Table 4 for more information on the use of the CFQ by a
rockfish cooperative.
Secondary Species
The proposed rule would define secondary species as species that
were historically harvested during the directed rockfish fisheries.
Secondary species would be allocated as an exclusive harvest privilege
only to rockfish cooperatives. Rockfish cooperatives would receive CFQ
for specific secondary species. Eligible rockfish harvesters in a
limited access fishery, or opt-out fishery, would not be allocated
exclusive harvest privileges for secondary species. Harvesters in the
limited access fishery or opt-out fishery would be able to retain
secondary species during the limited access fishery, or in non-Program
fisheries, but would be subject to a maximum retainable amount (MRA)
limit. Secondary species allocated as CFQ to rockfish cooperatives
would be allocated differently between cooperatives in the catcher
vessel and catcher/processor sectors. For participants in a rockfish
cooperative, NMFS would issue secondary species CFQ that would be
linked to the amount of QS allocated to an LLP license.
The secondary species would be treated differently in the catcher/
processor and catcher vessel sectors based on the historic harvest
patterns in those sectors. Historically, harvesters in both sectors
have tended to retain all sablefish harvested with trawl gear and
thornyhead rockfish caught in conjunction with rockfish harvests
because they were high value species. Traditionally, catcher vessels
retained Pacific cod during the course of their rockfish harvests;
however, this was less common among catcher/processors. Consequently,
the Council recommended managing Pacific cod in the catcher vessel
sector using an MRA that would reflect historic harvest rates but
provide more flexibility for the fleet than a fixed ``hard cap''
allocation of CFQ might provide. Similarly, catcher/
[[Page 33048]]
processors typically had markets for rougheye and shortraker rockfish
and tended to retain these species in greater proportion than catcher
vessels and the Council recommended an allocation of these species to
catcher/processors. However, the Council recommended an MRA for
shortraker and rougheye rockfish for the catcher vessel fleet that
would require the discarding of all shortraker or rougheye rockfish if
the aggregate shortraker/rougheye MRA limit was exceeded. The MRA
percentages recommended for the catcher vessel sector for shortraker
and rougheye rockfish would provide some flexibility for the harvesters
in these sectors yet maintain harvests within historic levels.
Rockfish cooperative fishery. Table 3 shows the specific secondary
species that would be allocated as CFQ to rockfish cooperatives in the
catcher vessel sector and catcher/processor sector.
Table 3.--Secondary Species Allocated to Rockfish Cooperatives in the
Central GOA by Fishery Sector
------------------------------------------------------------------------
Rockfish Rockfish
cooperatives in the cooperatives in the
Secondary species catcher vessel catcher/processor
sector sector
------------------------------------------------------------------------
Pacific cod................. CFQ allocated based Not allocated.
on the Managed under a
cooperative's maximum retainable
aggregate primary amount (MRA) of
rockfish species QS 4.0% per trip.
holdings within the
sector.
Rougheye rockfish........... Not allocated. Up to 30.03% of the
Managed under an TAC in the Central
MRA of combined GOA is allocated as
rougheye/shortraker CFQ among
rockfish up to 2.0% cooperatives based
per trip. on the
cooperative's
aggregate primary
rockfish species QS
holdings within the
sector.
Sablefish allocated to trawl CFQ allocated based Up to 58.87% of the
gear. on the TAC in the Central
cooperative's GOA is allocated as
aggregate primary CFQ among
rockfish species QS cooperatives based
holdings within the on the
sector. cooperative's
aggregate primary
rockfish species QS
holdings within the
sector.
Shortraker rockfish......... Not allocated. CFQ allocated based
Managed under an on the
MRA of combined cooperative's
rougheye/shortraker aggregate primary
rockfish up to 2.0% rockfish species QS
per trip. A maximum holdings within the
of 9.72% of the sector.
shortraker TAC on
an annual basis may
be retained.
Thornyhead rockfish......... CFQ allocated based CFQ allocated based
on the on the
cooperative's cooperative's
aggregate primary aggregate primary
rockfish species QS rockfish species QS
holdings within the holdings within the
sector. sector.
------------------------------------------------------------------------
Each calendar year, the Regional Administrator would determine the
poundage of secondary species that would be assigned to the Program.
NMFS would determine the maximum poundage of fish that could be
harvested by the appropriate sector. The poundage of fish that could be
harvested by a sector would be assigned only to rockfish cooperative(s)
within that sector. The poundage of fish that could be harvested by a
specific sector and assigned to a specific rockfish cooperative would
be determined according to the following procedure:
First, NMFS would sum the amount of each secondary species retained
by all catcher/processors and catcher vessels during the directed
rockfish fisheries during all qualifying season dates. This would yield
the Program catcher/processor sector harvests and catcher vessel sector
harvests, respectively.
Second, NMFS would sum the amount of each secondary species
retained by all catcher/processors and all catcher vessels in the
Central GOA from January 1, 1996 through December 31, 2002. This would
be the total harvest.
Third, for each secondary species, NMFS would divide the rockfish
harvests for that sector by the total harvests and multiply by 100.
This would yield the percentages of secondary species assigned to the
rockfish fishery catcher/processor sector and catcher vessel sector,
respectively.
Fourth, NMFS would multiply the percentage of secondary species
assigned to the sector by the TAC for that secondary species. This
would be the TAC allocated to that sector. This method would be the
same for all secondary species, except rougheye rockfish and shortraker
rockfish for the catcher/processor sector.
The TAC of rougheye rockfish allocated to the catcher/processor
sector would be 58.87 percent of the TAC for the Central GOA. The TAC
of shortraker rockfish allocated to the catcher/processor sector would
be 30.03 percent of the TAC for the Central GOA. This proposed rule
would implement the Council's recommendation to fix the allocation of
TAC with these percentages based on an analysis of the relative catch
of the catcher/processor sector during the historic fishing periods.
The details of this analysis are contained in the EA/RIR/IRFA prepared
for this proposed action (see ADDRESSES).
NMFS would base the CFQ of secondary species assigned to each
cooperative on the sum of QS associated with each LLP license assigned
to the rockfish cooperative. To determine the CFQ assigned to a
rockfish cooperative, NMFS would multiply the TAC of the secondary
species that was assigned to each sector by the percentage of the
aggregate primary rockfish species QS held by that cooperative in that
sector.
Limited access and opt-out fisheries. QS assigned to a limited
access fishery or the opt-out fishery would not result in an annual
exclusive allocation. Instead, secondary species would be managed
according to an MRA in the limited access fishery and the opt-out
fishery. The secondary species MRA in the limited access fishery would
be reduced from current MRA levels. This approach would reduce the
incentive for eligible harvesters to participate in a limited access
fishery and ``top off,'' or selectively target high value, secondary
species such as trawl sablefish or Pacific cod. The intent of the
Program is to increase the economic viability of the rockfish species,
not to create an accelerated race for secondary species in the limited
access fishery. NMFS believes that lower MRAs would reduce that
incentive. This approach was
[[Page 33049]]
analyzed in the EA/RIR/IRFA for this proposed action.
The MRA for the opt-out fishery would be the same as MRAs currently
applicable in GOA directed fisheries. Participants in the opt-out
fishery could not target Central GOA rockfish; therefore, a lowered MRA
in the Central GOA is not necessary. Opt-out vessels are largely
excluded from the Program and would not be able to use Central GOA
rockfish as a source for basis species against which they could account
their ``top-off'' secondary species.
``Hard cap'' management of shortraker and rougheye rockfish in the
catcher/processor sector. The Council directed that allocations of
shortraker and rougheye rockfish should be managed as a ``hard cap''
for the catcher/processor sector. NMFS has interpreted this provision
to mean that NMFS should manage to limit the maximum amount of harvests
to this amount for all participants in that sector. NMFS therefore
would allocate shortraker and rougheye rockfish to each rockfish
cooperative by multiplying the percentage of QS assigned to the
catcher/processor sector that is held by that cooperative by an amount
equal to 30.03 percent of the Central GOA TAC for shortraker rockfish,
or 58.87 percent of the Central GOA TAC for rougheye rockfish.
Shortraker and Rougheye rockfish would not be allocated to the
limited access sector, but the limited access fishery would be limited
to a reduced MRA to minimize harvests and the incentive to ``top off''
on these species. If the catcher/processor sector as a whole exceeded
either 30.03 percent of the TAC for shortraker rockfish, or 58.87
percent of the TAC for rougheye rockfish, then NMFS would prohibit
retention of that species for all catcher/processor vessels in the
Program. This prohibition would include any vessels operating in a
rockfish cooperative even if that cooperative still had unused CFQ. The
intent of this prohibition is to meet the goals of maintaining catcher/
processor harvests below the ``hard cap'' of 30.03 percent of the TAC
for shortraker rockfish and 58.87 percent of the TAC for rougheye
rockfish.
Halibut PSC Allocation for Rockfish Cooperatives
Under the Program, rockfish cooperatives would be allocated CFQ for
halibut PSC that could be used while fishing for primary rockfish
species or secondary species. Halibut PSC CFQ would represent the
amount of halibut, in metric tons, that could be incidentally caught
and killed by a rockfish cooperative. Under current regulations,
halibut can only be harvested and retained commercially under the
Halibut IFQ Program and Community Development Quota (CDQ) Program; in
all other fisheries halibut is considered a prohibited species and must
be discarded at sea with a minimum of injury.
NMFS uses the halibut mortality rates established by the
International Pacific Halibut Commission (IPHC) and observer data to
estimate the amount of mortality of discarded halibut. The IPHC
determines the halibut mortality rate for various gears and target
fisheries based on data from prior years. These halibut mortality rates
are published in the annual harvest specifications and the
justification for these rates is published in Appendix A of the annual
Stock Assessment and Fishery Evaluation Reports. NMFS estimates the
amount of halibut that is killed in the various groundfish fisheries
based on data from onboard observers and applies the mortality rate to
the unobserved portion of the fleet. NMFS then apportions the available
halibut mortality among fisheries. As halibut is caught, NMFS
multiplies the estimated halibut caught by the mortality rates to
produce a halibut bycatch mortality amount.
Halibut PSC CFQ allocated under the Program would allow
cooperatives to continue fishing in fisheries with known halibut
bycatch and resulting mortality. Each calendar year, the Regional
Administrator would determine the metric tons of halibut bycatch
mortality that would be assigned to the Program. This amount would be
assigned to the appropriate sector. NMFS would allocate halibut PSC CFQ
to rockfish cooperative(s) within a sector based on the QS of LLP
licenses assigned to the rockfish cooperatives. Halibut PSC CFQ would
be allocated only to participants in rockfish cooperatives.
Halibut PSC assigned to a limited access fishery or the opt-out
fishery would not result in an individual allocation. Participants in
those fisheries would continue to be subject to the aggregate halibut
PSC limits that NMFS establishes for that gear type and target fishery.
Calculation for the sector. The total halibut PSC CFQ assigned to
each sector would be determined according to the following procedure:
First, NMFS would sum the amount of halibut mortality by all
vessels in a sector during the directed fishery for any primary
rockfish species during all qualifying season dates. This would be the
rockfish sector halibut bycatch amount.
Second, NMFS would sum the amount of all halibut mortality by all
vessels in the Central GOA Regulatory Area from January 1, 1996 through
December 31, 2002. This would be the total halibut mortality.
Third, NMFS would divide the rockfish sector harvest by the total
halibut mortality and multiply by 100. This would be the percentage of
the halibut mortality assigned to the sector in the rockfish fishery.
Finally, NMFS would multiply the percentage of halibut mortality
assigned to the sector in the rockfish fishery by the total halibut
mortality for the GOA for that year. This would be the halibut PSC
amount allocated to the sector.
The amount of halibut PSC CFQ that would be assigned to each
cooperative in each sector would be determined according to the
following procedures. In each sector, each cooperative would have
halibut PSC CFQ assigned to it that would be derived from the QS units
assigned to that rockfish cooperative. To determine the CFQ assigned to
a cooperative, NMFS would multiply the halibut PSC amount allocated to
that sector by the percentage of the aggregate primary rockfish species
QS held by that cooperative in that sector.
Example of the Annual Allocations
The following example details the allocation of TAC and halibut PSC
within the catcher/processor sector. The calculation method would be
similar for the catcher vessel sector except that there is no opt-out
fishery for the catcher vessel sector.
First, an ICA amount would be deducted for bycatch needs in other
fisheries.
Second, ninety-five (95) percent of the TAC of each of the three
allocated rockfish species, Pacific ocean perch, pelagic shelf
rockfish, and northern rockfish would be allocated for the non-entry
level portion of the Program (i.e., rockfish cooperatives and the
limited access fisheries). The remaining 5 percent of the TAC would be
allocated to the entry level fishery. To simplify the example, we will
assume that half the aggregate QS of the three allocated rockfish
species would be allocated to the catcher/processor sector, and half to
the catcher vessel sector. Fifty (50) percent of 95 percent of the TAC
of each of the three allocated rockfish species would be allocated to
the catcher/processor sector and the other 50 percent of 95 percent of
the TAC for each of the three species would be allocated to the catcher
vessel sector.
[[Page 33050]]
Third, we will assume that there are 10 LLP licenses, each with 10
percent of the QS assigned to the catcher/processor sector for the
three allocated rockfish species. Eligible rockfish harvesters holding
four LLP licenses would assign those LLP licenses to a rockfish
cooperative. This represents 40 percent of the total primary rockfish
species QS in the catcher/processor sector. This would yield 40 percent
of the total TAC assigned to the catcher/processor sector for each of
the primary species as CFQ to be harvested by the rockfish cooperative.
Eligible rockfish harvesters holding four LLP licenses would assign
those licenses to the limited access fishery. This represents 40
percent of the total primary rockfish species QS in the catcher/
processor sector. This would yield a limited access fishery TAC of 40
percent of the catcher/processor TAC for each of the primary species.
Eligible rockfish harvesters holding two LLP licenses would assign
those licenses to the opt-out fishery. This represents 20 percent of
the total primary rockfish species QS in the catcher/processor sector.
Fourth, NMFS would reassign the portion of the TAC represented by
the QS from the opt-out fishery to the rockfish cooperative fishery and
the limited access fishery, in proportion to the holdings of aggregate
QS associated with the LLP licenses assigned to each fishery. Because
the cooperative and limited access fishery would have the same relative
holdings of aggregate QS for the three primary rockfish species (each
would have 40 percent of the total), half the opt-out amount would be
reassigned to the rockfish cooperative, and half to the limited access
fishery. Adding the opt-out amount to their existing allocations means
that the rockfish cooperative would be assigned CFQ for each of the
primary rockfish species representing 50 percent of the TAC assigned to
the catcher/processor sector, and the limited access fishery would be
assigned 50 percent of the TAC for each of the primary rockfish species
assigned to the catcher/processor sector. The CFQ assigned to the
rockfish cooperative could be exclusively harvested by the rockfish
cooperative, the eligible rockfish harvesters in the limited access
fishery would compete with each other for their collective allocation
of this rockfish TAC, in this case 50 percent of the remaining TAC.
Fifth, NMFS would determine the amount of CFQ for secondary species
and halibut PSC that would be allocated to the rockfish cooperative.
The allocation of CFQ for secondary species and halibut PSC would be
based on the percentage of the primary species QS allocation that would
be assigned to the rockfish cooperatives in a sector--in the example,
40 percent of the total QS in the sector. The limited access fishery
would not receive a TAC of secondary species based on its primary
rockfish QS; and the limited access fishery would not receive an
allocation of halibut PSC. So, in the example, NMFS would allocate the
rockfish cooperative 40 percent of the total CFQ of secondary species
and halibut PSC that could be allocated to the catcher/processor
sector. The remaining 60 percent of the potential secondary species and
halibut PSC CFQ for the catcher/processor sector would not be allocated
for that year because 60 percent of the QS in the catcher/processor
sector is not assigned to a rockfish cooperative. The harvest amounts
of secondary species in the limited access fishery would be controlled
by MRAs that apply to that limited access fishery. Halibut PSC usage in
the limited access fishery would be subject to existing restrictions on
trawl gear.
Rockfish Cooperatives
The Program would regulate the formation of rockfish cooperatives
and the use of CFQ. NMFS would issue a CFQ permit to each rockfish
cooperative that specified how much CFQ it could harvest. This amount
would be based on the sum of the QS of the cooperative members and any
CFQ that the rockfish cooperative subsequently receives by transfer
from another rockfish cooperative. The Council provided numerous
recommendations on the specific requirements to form a rockfish
cooperative that this proposed action would implement. Table 4 details
those requirements through a question and answer format.
Table 4.--Requirements To Join a Rockfish Cooperative and the Limitations on the Use of CFQ by the Rockfish
Cooperative
----------------------------------------------------------------------------------------------------------------
Requirement Catcher vessel sector Catcher/processor vessel sector
----------------------------------------------------------------------------------------------------------------
Who may join a rockfish cooperative? Only persons who are eligible rockfish harvesters may join a rockfish
cooperative. Persons who are not eligible rockfish harvesters may be
employed by, or serve as the authorized representative of a cooperative,
but are not members.
What is the minimum number of LLP No minimum requirement. Two LLP licenses assigned QS in the
licenses that must be assigned to catcher/processor sector. These
form a cooperative? licenses can be held by one or more
persons.
Is an association with an eligible Yes. An eligible rockfish harvester No.
rockfish processor required? may only be a member of a
cooperative formed in association
with an eligible rockfish processor
to which the harvester made the
plurality of legal landings
assigned to the LLP license(s)
during the applicable processor
qualifying period chosen by an
eligible rockfish processor in the
application to participate in the
Program.
What if an eligible rockfish That eligible rockfish harvester can N/A.
harvester did not deliver any legal assign that LLP license to any
landings assigned to an LLP license cooperative.
to an eligible rockfish processor
during a processor qualifying
period?
[[Page 33051]]
What is the Processor Qualifying The processor qualifying period is N/A.
Period? the four of five years from 1996
through 2000 that are used to
establish the legal landings that
are considered for purposes of
establishing an association with an
eligible rockfish processor. Each
eligible rockfish processor will
select a processor qualifying
period in the application to
participate in the Program. The
processor qualifying period may not
be changed once selected for that
eligible rockfish processor,
including upon transfer of
processor eligibility. The same
processor qualifying period will be
used for all LLP licenses to
determine the legal landings that
are considered for purposes of
eligible rockfish harvesters
establishing an association with an
eligible rockfish processor.
Is there a minimum amount of QS that Yes. A rockfish cooperative must be No.
must be assigned to a rockfish assigned QS that represents at
cooperative for it to be allowed to least 75 percent of all the legal
form? landings of primary rockfish
species delivered to that eligible
rockfish processor during the
Processor Qualifying Period
selected by that processor.
What is allocated to the rockfish CFQ for primary rockfish species, secondary species, and halibut PSC,
cooperative? based on the QS
assigned to all of the LLP licenses that are assigned to the cooperative.
Is this CFQ an exclusive harvest Yes, the members of the rockfish cooperative have an exclusive harvest
privilege? privilege to collectively catch this CFQ, or a cooperative can transfer
all or a portion of this CFQ to another rockfish cooperative.
Is there a season during which Yes, any vessel designated to catch CFQ for a rockfish cooperative is
designated vessels must catch CFQ? limited to catching CFQ
during the season beginning on May 1 through November 15.
Can any vessel catch a rockfish No, only vessels that are named on the application for CFQ for that
cooperative's CFQ? rockfish cooperative, including any vessels named on amendment(s) to that
application, can catch the CFQ assigned to that rockfish cooperative.
Can the member of a rockfish No, only the rockfish cooperative, and not individual members, may
cooperative transfer CFQ transfer its CFQ to another
individually without the approval rockfish cooperative, but only if that transfer is approved by NMFS.
of the other members of the
rockfish cooperative?
Can a rockfish cooperative in the N/A. No, sideboard limits are limits
catcher/processor sector transfer a applicable to that rockfish
sideboard limit assigned to that cooperative, and may not be
rockfish cooperative? transferred among rockfish
cooperatives.
Is there a hired master requirement? No, there is no hired master N/A.
requirement.
Can an LLP license be assigned to No. An LLP license can only be assigned to one rockfish cooperative in a
more than one rockfish cooperative calendar year. An eligible rockfish harvester holding multiple LLP
in a calendar year? licenses may assign different LLP licenses to different rockfish
cooperatives subject to any other restrictions that may apply.
Can an eligible rockfish processor No. An eligible rockfish processor N/A.
be associated with more than one can only associate with one
rockfish cooperative? rockfish cooperative per year. A
person who is permitted as an
eligible rockfish processor based
on holdings of more than one
processing history would be issued
a separate eligible rockfish
processor permit for that
processing history and may be able
to form an association with a
rockfish cooperative as a separate
and distinct eligible rockfish
processor subject to any other
restrictions that may apply.
Can an LLP license be assigned to a No. Once an LLP license is assigned to a rockfish cooperative, any QS
rockfish cooperative and the assigned to that LLP
limited access fishery or opt-out license yields CFQ to that rockfish cooperative for the calendar year.
fishery?
Which members may harvest the That is determined by the rockfish cooperative contract signed by its
rockfish cooperative's CFQ? members. Any violations of this contract by one cooperative member may be
subject to civil claims by other members of the rockfish cooperative.
Does a rockfish cooperative need a Yes, a rockfish cooperative must have a membership agreement or contract
contract? that specifies how the rockfish cooperative intends to harvest its CFQ. A
copy of this agreement or contract must be submitted with the application
for CFQ.
[[Page 33052]]
What happens if the rockfish A rockfish cooperative is not authorized to catch fish in excess of its
cooperative catch exceeds its CFQ CFQ. Exceeding a CFQ is a violation of the Program regulations. Each
amount? member of the rockfish cooperative is jointly and severally liable for
any violations of the Program regulations while fishing under authority
of a CFQ permit. This liability extends to any persons who are hired to
catch or receive CFQ assigned to a rockfish cooperative. Each member of a
rockfish cooperative is responsible for ensuring that all members of the
rockfish cooperative comply with all regulations applicable to fishing
under the Program.
Is there a limit on how much CFQ a Yes, generally, a rockfish No, but a catcher/processor vessel
rockfish cooperative may hold or cooperative may not hold or use is still subject to any vessel use
use? more than 30 percent of the caps that may apply. See the Use
aggregate primary rockfish species Cap section of the preamble for the
CFQ assigned to the sector for that provisions that apply.
calendar year. See the Use Cap
section of the preamble for the
provisions that apply.
Is there a limit on how much CFQ a No. However, a vessel may not catch Yes, generally, no vessel may
vessel may harvest? more CFQ than the CFQ assigned to harvest more than 60 percent of the
that rockfish cooperative. aggregate primary rockfish species
TAC assigned to the sector for that
calendar year, unless subject to an
exemption. See the Use Cap section
of the preamble for the provisions
that apply.
If my vessel is fishing in a Any vessel authorized to harvest the CFQ assigned to a rockfish
directed flatfish fishery in the cooperative must count any catch of primary rockfish species, secondary
Central GOA and I catch groundfish species, or halibut PSC against that rockfish cooperative's CFQ from May
and halibut PSC, does that count 1 until November 15, or until the authorized representative of that
against the rockfish cooperative's rockfish cooperative has submitted a rockfish cooperative termination of
CFQ? fishing declaration that has been approved by NMFS.
Groundfish harvests would not be debited against the rockfish
cooperative's CFQ if the vessel is not authorized to harvest CFQ. In this
case, any catch of halibut would be attributed to the halibut PSC limit
for that directed target fishery and gear type.
Can my rockfish cooperative The rockfish cooperatives formed under the Program are intended to conduct
negotiate prices for me? and coordinate harvest activities for their members. Rockfish
cooperatives formed under the Program are subject to existing antitrust
laws. Collective price negotiation by a rockfish cooperative must be
conducted in accordance with existing antitrust laws.
Are there any special reporting Yes, each year a rockfish cooperative must submit an annual rockfish
requirements? cooperative report to
NMFS by December 15 of each year.
What is required in the annual The annual rockfish cooperative report must include at a minimum:
rockfish cooperative report?
The rockfish cooperative's CFQ, sideboard limit (if applicable),
and any rockfish sideboard
fishery harvests made by the vessels in the rockfish cooperative on a
vessel-by-vessel
basis;
The rockfish cooperative's actual retained and discarded catch
of CFQ and sideboard limit
on an area-by-area and vessel-by-vessel basis;
A description of the method used by the rockfish cooperative to
monitor fisheries in which
rockfish cooperative vessels participated;
A description of any civil actions taken by the rockfish
cooperative in response to any
members that exceeded their allowed catch.
----------------------------------------------------------------------------------------------------------------
Exception for assigning an LLP to a processor. An eligible rockfish
harvester that holds an LLP license with QS for the catcher vessel
sector and that does not have landings associated with an eligible
rockfish processor from January 1, 1996 through December 31, 2000, may
join any rockfish cooperative. However, any such harvester is not
considered as contributing to the amount of landings necessary to meet
a minimum of 75 percent of the total landings that were delivered to
that processor during the four calendar years selected by that
processor for the purposes of establishing the minimum landings
required to form a rockfish cooperative.
Transfers
The Program would allow transfers of CFQ between rockfish
cooperatives. The Program would also permit the transfer of processor
eligibility. QS can not be transferred separately from the LLP license.
QS could only be transferred by transferring the LLP license with which
the QS is associated. Transfer procedures for LLP licenses are in the
Federal regulations at 50 CFR 679.4.
Transfer of CFQ
Once NMFS issues CFQ to a rockfish cooperative, it could be fished
by members of the rockfish cooperative, or transferred to another
rockfish cooperative. A rockfish cooperative in the catcher vessel
sector, however, could not transfer CFQ to a rockfish cooperative in
the catcher/processor sector. The Council recommended this restriction
to address concerns about the loss of shorebased processing, potential
employment and tax revenue if catcher/processor rockfish cooperatives
could receive rockfish harvested with CFQ from catcher vessel rockfish
cooperatives. Transfer of CFQ would be valid only during the calendar
year of the transfer.
To standardize the reporting of information, transfers would have
to be completed using an application for inter-cooperative transfer
available on the NMFS Alaska Region Web site at http://www.fakr.noaa.gov
, or by directly contacting NMFS (see ADDRESSES). A
rockfish cooperative could only transfer CFQ if:
1. The rockfish cooperative identified the amount and type of CFQ
transferred
[[Page 33053]]
and the rockfish cooperative and rockfish cooperative member to which
that CFQ was transferred. CFQ received by a rockfish cooperative would
have to be attributed to a member of that rockfish cooperative to apply
the use caps (see Use Cap section for more detail);
2. The transfer would not cause the receiving rockfish cooperative
to exceed its use cap limitations. The rockfish cooperative would be
responsible for ensuring that any transfer does not exceed rockfish
cooperative use cap provisions; and
3. NMFS approved the transfer.
Transfer of Processor Eligibility
Eligible rockfish processors could transfer their eligibility to
another person. Eligible rockfish processors could not suballocate
their eligibility or the legal landings that were used to qualify that
processor. Any transfer of rockfish processor eligibility would include
the entire processing history and eligibility and the specific years
that were originally selected to establish linkages with eligible
rockfish harvesters. NMFS would prohibit the transfer of portions of
processing history. This prohibition would prevent processing history
from being divided, creating the potential for a large number of
processors to form by transferring the minimum amount of processing
history to create new eligible rockfish processors. This prohibition is
necessary so that NMFS can reasonably establish which landings were
delivered to a specific processor and determine if minimum landing
standards to form rockfish cooperatives by a defined group of eligible
rockfish harvesters have been met. This prohibition is also consistent
with Council intent to limit the number of potentially eligible
processors.
Additionally, any transfer of processor eligibility could not be
made to a person who would use that processor eligibility to associate
with a rockfish cooperative that would receive rockfish or secondary
species fish outside the community where the processor eligibility was
originally earned. This restriction would prevent a processor from
associating with rockfish cooperatives outside of the community in
which it historically operated.
A transfer of processor eligibility would require notification to
NMFS through an application to transfer processor eligibility available
on the NMFS Alaska Region Web site at http://www.fakr.noaa.gov, or by
directly contacting NMFS (see ADDRESSES). In order for a transfer
application to be effective:
1. The transferor and transferee would have to provide
identification information;
2. Both the transferor and transferee would have to certify the
transfer; and
3. NMFS would have to approve the transfer.
Limited Access Fishery
The Program would establish separate limited access fisheries for
eligible rockfish harvesters for the catcher vessel sector and catcher/
processor sector. An eligible rockfish harvester would decide to
participate in a limited access fishery on an annual basis through an
application for the limited access fishery, available on the internet
at http://www.fakr.noaa.gov, and submitted by December 1 of each year.
NMFS would assume that unless an LLP license were assigned to either a
rockfish cooperative or the opt-out fishery for the catcher/processor
sector, that LLP license would be assigned to the limited access
fishery for that sector. This would ensure that all LLP licenses are
assigned to at least one of the Program fisheries.
The limited access fishery for both sectors would open on July 1 of
each year and would remain open until the TACs for all three primary
rockfish species is reached, or until November 15 of each year. NMFS
would manage the limited access fishery for the catcher vessel sector
and the catcher/processor sector separately. NMFS would announce the
closure of a limited access fishery in the Federal Register.
The amount of primary rockfish species TAC for the limited access
fishery would be a limit on the maximum collective amount of rockfish
catch by participating vessels. NMFS would monitor the amount of fish
available to a limited access fishery. If the amount of fish available
to the fishery were small and the expected harvest rates of the
participants in the fishery was high, NMFS could choose not to open
that limited access fishery, or could choose to open a limited access
fishery for only some of the primary rockfish species (e.g., Pacific
ocean perch but not northern rockfish).
If an eligible rockfish harvester assigned an LLP license to the
limited access fishery, the QS from that license would be pooled with
the QS from all other LLP licenses assigned to the limited access
fishery. The limited access fishery would be issued a TAC equivalent to
the percentage of the total QS allocated to the limited access fishery
in that sector for that primary rockfish fishery. Quota share assigned
to the limited access fishery in the catcher vessel sector would be
part of the TAC harvested by any eligible rockfish harvester who had
assigned an LLP license for use in the limited access fishery in the
catcher vessel sector. Likewise, QS assigned to the limited access
fishery in the catcher/processor sector would be part of the TAC
harvested by any eligible rockfish harvester who had assigned an LLP
license for use in the limited access fishery in the catcher/processor
sector. Unlike the rockfish cooperative fishery, no exclusive harvest
privilege would exist in the limited access fishery. Primary rockfish
species harvested by catcher vessels in the limited access fishery
would have to be delivered to an eligible rockfish processor.
No CFQ of secondary species or halibut bycatch would be allocated
to the limited access fishery. Instead, limited access fishery
participants would be subject to an MRA based on the species that they
target. The MRA would be a fixed percentage of incidentally caught fish
that an eligible rockfish harvester may retain relative to the fish
onboard the vessel. In the limited access fishery, the MRA would be
measured against the amount of primary rockfish onboard the vessel.
Incidental species, such as trawl sablefish, could only be retained as
a percentage of the primary rockfish aboard the vessel.
To reduce the potential for limited access participants to ``top-
off'' or target potentially valuable incidental species up to the MRA,
the MRA assigned to participants in the limited access fishery would be
set at a level adequate to allow some retention of these species, but
low enough to avoid creating an incentive to specifically ``top off''
on those species. The MRA for the limited access fishery is set at a
lower percentage than is currently applied in the rockfish fisheries. A
lower MRA for the limited access fishery was recommended by the Council
to reduce the incidental harvest of these species. The specific MRA
rates for incidental species are provided in Table 30 of the proposed
regulatory text.
Opt-Out Fishery
An eligible rockfish harvester that holds an LLP license with QS in
the catcher/processor sector could choose to opt-out of many of the
Program restrictions. The harvester could make the decision to opt-out
on an annual basis by submitting an application to opt-out. The
application is available on the internet at http://www.fakr.noaa.gov,
and would have to be submitted by December 1 of each year. An eligible
rockfish harvester holding an LLP license with QS in the catcher vessel
sector could not choose to
[[Page 33054]]
opt-out of the Program. Some restrictions under the Program would still
apply to the use of any LLP license assigned to the opt-out fishery
during a year (see the Sideboard Provisions section, below). If an
eligible rockfish harvester were to assign an LLP license to the opt-
out fishery, the harvester could not use that LLP license on a vessel
that is participating in a rockfish cooperative, limited access
fishery, or the entry level fishery. Effectively, this would preclude a
vessel that used an LLP license in the opt-out fishery from directed
fishing for the three primary rockfish species in the Central GOA.
Any portion of the TAC that would be derived from the QS associated
with an LLP license in the opt-out fishery would be redistributed to
the eligible rockfish harvesters participating in cooperatives and the
limited access fishery in the catcher/processor sector. This TAC would
be redistributed in proportion to the QS holdings in each rockfish
cooperative and the limited access fishery for the catcher/processor
sector. Any TAC associated with the LLP licences assigned to the opt-
out fishery would be reallocated for each year that the LLP license was
assigned to the opt-out fishery.
Use Caps
As with other rationalization programs, the intent of the use caps
under the Program is to limit the degree of consolidation that could
occur in the Central GOA rockfish fisheries. These use caps would
balance the goals of improving economic efficiency, maintaining
employment opportunities for vessel crew, and providing financially
affordable access opportunities for new participants. NMFS would
require eligible rockfish harvesters, cooperatives, processors, and
catcher/processor vessel operators to submit information through the
annual applications, cooperative transfers, and annual catch reports.
NMFS would use the information to enforce the use cap provisions, to
track primary rockfish species QS use, and dissuade eligible rockfish
harvesters from forming corporate arrangements that would frustrate the
goal of the use caps. The use caps under this Program apply to the
primary rockfish species. Use caps would not apply to the use of
secondary species or halibut PSC.
There would be four types of use caps: (1) A cap on the amount of
QS an eligible rockfish harvester could hold; (2) a cap on the amount
of primary rockfish species CFQ that an eligible rockfish harvester
could use; (3) a cap on the amount of primary rockfish species CFQ that
a vessel in the catcher/processor sector could harvest; and (4) a limit
on the amount of primary rockfish species an eligible rockfish
processor could receive and process. Different use caps would apply
depending on whether the QS or CFQ are for use in the catcher vessel or
the catcher/processor sector. For example, if an eligible rockfish
harvester holds an LLP license with QS in the catcher vessel sector,
then that harvester would be subject to a use cap that applies to the
holding of QS in that sector. If that same eligible rockfish harvester
holds a different LLP license with QS in the catcher/processor sector,
then that holder would have a different use cap that would apply to the
holding of QS in that sector.
Quota share use caps. QS use caps would limit the amount of
aggregate primary species rockfish QS that may be held by an eligible
rockfish harvester. These QS use caps would be based on the aggregate
initial QS pool assigned to each sector. The initial QS pool in each of
the three primary species fisheries, would be: Northern rockfish--
9,193,182 QS units; pelagic shelf rockfish--7,672,008 QS units; Pacific
ocean perch--18,121,812 QS units. The aggregate initial QS pool would
be 34,987,002 units. A percentage of the aggregate initial QS pool
would be allocated to the catcher vessel sector and a percentage to the
catcher/processor sector. An eligible rockfish harvester could not hold
more than 5 percent of the aggregate primary rockfish species QS
assigned to the catcher vessel sector, or more than 20 percent of the
aggregate primary rockfish species QS assigned to the catcher/processor
sector.
The Official Record would indicate the relative percentage of the
legal landings in the catcher vessel and the catcher/processor sector.
NMFS could not determine the exact amount of the initial QS pool that
would be assigned to each sector until the applications to participate
in the program were processed. NMFS would determine the number of QS
units for the catcher vessel and catcher/processor sector QS use cap
once the applications are processed. The QS use cap would be based on a
percentage of the initial QS pool. NMFS would establish a QS use cap
that would not fluctuate with changes in the QS pool that could occur
due to the resolution of appeals, or other operations of law that would
modify the QS pool. This would provide stability to QS holders.
NMFS would calculate the amount of QS held by an eligible rockfish
harvester using the ``individual and collective rule.'' This method is
similar to one used in the Halibut and Sablefish IFQ Program. NMFS
would include the sum of all QS held individually by an eligible
rockfish harvester and the percentage of any holdings used collectively
by that eligible rockfish harvester through a corporation, partnership,
or other entity.
CFQ use caps. NMFS would apply CFQ use caps to eligible rockfish
harvesters, rockfish cooperatives, and processors. NMFS would apply CFQ
use caps to limit the amount of CFQ derived from the QS held by an
eligible rockfish harvester. As an example, an eligible rockfish
harvester could not use an amount of CFQ greater than the amount
derived from: 5 percent of the aggregate initial QS pool in the catcher
vessel sector; or 20 percent of the aggregate initial QS pool in the
catcher vessel sector. An eligible rockfish harvester would be
considered to use CFQ if he or she assigns QS to a rockfish cooperative
that results in CFQ for use by that rockfish cooperative. The amount of
CFQ that is used by an eligible rockfish harvester also would include
any CFQ a rockfish cooperative receives by transfer that is attributed
to an eligible rockfish harvester. All CFQ received by transfer would
have to be assigned to an eligible rockfish harvester who is a member
of that cooperative for purposes of calculating use caps. This would
limit cooperatives to use no more CFQ than the maximum amount of CFQ
that could be derived from the maximum amount of QS that could be held
by all of its members. Therefore, the total CFQ usage by an eligible
rockfish harvester would be the sum of the CFQ derived from QS held by
that eligible rockfish harvester and all CFQ attributed to that
eligible rockfish harvester as a result of a CFQ transfer.
CFQ use caps would limit the maximum amount of CFQ that could be
assigned to any one cooperative. NMFS would apply CFQ use caps only to
rockfish cooperatives in the catcher vessel sector. NMFS would apply
the catcher vessel cooperative use cap as a percentage of the aggregate
initial QS pool assigned to the catcher vessel sector. Catcher vessel
rockfish cooperatives would be limited to using not more than 30
percent of the CFQ allocated to the catcher vessel sector.
The amount of CFQ used by an eligible rockfish harvester would be
calculated using the ``individual and collective rule.'' An eligible
rockfish harvester's holding of CFQ would include all CFQ attributed to
that individual and the percentage of any CFQ attributed to that
individual through a corporation, partnership, or other entity.
Therefore, CFQ use would
[[Page 33055]]
include all CFQ derived from an eligible rockfish harvester's QS
holdings, either individually or through corporate ownership, and all
CFQ attributed to an individual as a result of an inter-cooperative
transfer of CFQ.
NMFS would not apply CFQ use caps to cooperatives in the catcher/
processor sector. Although NMFS would not apply a CFQ use cap to
catcher/processor cooperatives, NMFS would limit the maximum amount of
CFQ that could be used on any one catcher/processor vessel.
Use caps for the catcher/processor sector. NMFS would limit a
vessel participating in the catcher/processor sector from harvesting
more than 60 percent of the CFQ of primary rockfish species in the
catcher/processor sector.
Primary rockfish species processing caps. Eligible rockfish
processors would be subject to CFQ use caps. NMFS would limit an
eligible rockfish processor from receiving or processing more than 30
percent of the aggregate rockfish primary species that would be
allocated to the catcher vessel sector. Unlike the other use caps, this
processing limitation would include both CFQ and any primary rockfish
species assigned to the limited access fishery. The intent of this use
cap is to limit the degree of processor consolidation, including cases
where the processor is receiving primary rockfish species harvested
under a CFQ permit by a cooperative and by vessels in the catcher
vessel sector limited access fishery. NMFS would calculate the usage of
aggregate rockfish primary species usage by using the ``AFA 10 percent
threshold rule.'' This method is similar to one used in the AFA and the
BSAI Crab Rationalization Program. NMFS would include all primary
rockfish species received by an eligible processor and all fish
received by any other eligible rockfish processor in which that
eligible rockfish processor has a 10 percent or greater direct or
indirect ownership interest as applying to the use cap calculation.
NMFS would apply this more stringent provision to processors to
dissuade eligible rockfish processors from forming corporate
arrangements that would consolidate the already limited number of
distinct processors even further and frustrate the goal of the use cap,
which is to limit the degree of consolidation in the fishery.
Table 5 describes the use cap amounts and limits that would apply
to eligible rockfish harvesters, rockfish cooperatives, and eligible
rockfish processors.
Table 5.--Use Caps in the Program
------------------------------------------------------------------------
Primary species aggregate QS
and CFQ use cap based on the
initial QS pool assigned to
each sector (percent)
Entity -------------------------------
Catcher/
Catcher vessel processor
sector sector
------------------------------------------------------------------------
Eligible rockfish harvester............. 5.0 20.0
Rockfish cooperative.................... 30.0 N/A
Processor............................... 30.0 N/A
Vessel.................................. N/A 60.0
------------------------------------------------------------------------
Grandfather provisions. As with other rationalization programs in
the North Pacific, the Program would allow those persons whose initial
allocation of QS and resulting CFQ is in excess of the use caps to
retain that amount. Commonly called ``grandfather provisions,'' these
provisions would accommodate participants who historically had greater
participation in the fishery than the use caps would allow. Any person
eligible for the grandfather provisions would be limited to their
initial holdings. If a grandfathered eligible rockfish harvester,
processor, or owner of a catcher/processor vessel transferred an LLP
license and associated QS, then that person would be limited to that
resulting amount, or the use cap, whichever is greater. Table 6 defines
the requirements that would apply for qualifying for a grandfather
provision.
Table 6.--Eligibility Criteria for a Grandfather Provision
------------------------------------------------------------------------
Meets the grandfather
This entity . . . eligibility requirements if . .
.
------------------------------------------------------------------------
Eligible rockfish harvester............ (1) He or she held LLP
license(s) at the time of
application in the program
that would result in QS or CFQ
in excess of the use caps; and
(2) the LLP license(s) were
held by that eligible rockfish
harvester prior June 6, 2005
(the time of final Council
action on this Program).
Catcher vessel rockfish cooperative.... It is comprised of members who
include eligible rockfish
harvesters that meet the
grandfather eligibility
requirements.
Processor.............................. It receives and processes CFQ
derived from a rockfish
cooperative that meets the
grandfather eligibility
requirements.
Catcher/processor vessel............... An LLP license used on that
vessel prior to June 6, 2005,
is assigned QS that results in
CFQ in excess of the use cap,
and the CFQ derived from that
LLP license is used on that
vessel.
------------------------------------------------------------------------
Sideboard Provisions
NMFS would expect the Program to improve the economic efficiency of
eligible rockfish harvesters, primarily by encouraging consolidation
through the use of rockfish cooperatives. NMFS anticipates that
rockfish cooperatives would be likely to use fewer vessels to harvest
the same amount of fish with less cost, resulting in greater net
profits for rockfish cooperative members. NMFS anticipates that some
eligible rockfish harvesters could use their vessels and LLP licenses
to participate in other groundfish fisheries, particularly cod,
flatfish, and rockfish fisheries in the West Yakutat District,
[[Page 33056]]
Western GOA, and in the BSAI. With the added economic efficiency likely
to be created by this Program, eligible rockfish harvesters could use
this economic efficiency to offset operational costs in other
fisheries, or expand into new fisheries. This could economically
disadvantage harvesters in these other fisheries.
The Council recommended Program elements that would limit the
ability of eligible rockfish harvesters to expand into other fisheries.
These types of limitations are common to North Pacific rationalization
programs and are commonly called sideboards. Sideboards would limit the
total amount of harvest by eligible rockfish harvesters in other
fisheries. Sideboards would limit the amount of halibut PSC that may be
used in certain directed groundfish fisheries. Some of the specific
sideboard measures in this Program would prohibit directed fishing for
certain groundfish fisheries. Most of the sideboard measures would be
in effect only during the month of July. Traditionally, the Central GOA
rockfish fishery was open in July, and therefore the sideboards would
restrict fishing during the historic timing of the fishery, but allow
eligible rockfish harvesters to participate in fisheries before or
after the historic rockfish season.
A sideboard would limit both an LLP license with QS assigned to it,
and a vessel on which legal landings were made that could generate QS.
This provision would restrict an eligible rockfish harvester from
assigning an LLP license to a rockfish cooperative, and using the
vessel which generated the QS to target other fisheries. Sideboards
would apply to federally permitted vessels fishing in Federal waters
and adjacent waters opened by the State of Alaska when the state adopts
a Federal fishing season. The opening of State of Alaska waters in
concurrence with the Federal fishing season is commonly known as a
parallel fishery. The State of Alaska opens a parallel fishery to
accommodate harvesters as they target fish stocks that freely move
between State and Federal jurisdiction. Harvests in state waters during
the parallel fishery are considered part of the Federal TAC because
vessels move between State and Federal waters during the concurrent
parallel and Federal fisheries. The State opens the parallel fisheries
through emergency order by adopting the groundfish seasons, bycatch
limits, and allowable gear types that apply in the adjacent Federal
fisheries.
Specific sideboards would apply to specific fishery components in
the Program. The Council recommended a suite of sideboard measures to
meet two broad, potentially competing, goals: To constrain eligible
rockfish harvesters from expanding their harvesting capacity in other
non-Program fisheries; and to provide an opportunity for harvesters,
particularly in the catcher/processor sector, to continue to
participate in other fisheries they have historically fished.
Sideboards would fall into two broad categories: Sideboard limits that
constrain the amount of catch in specific regions and fisheries during
July; and directed fishery closures that prohibit fishing in specific
fisheries and regions during July. Some sideboards would apply to both
sectors, some would apply only to the catcher vessel sector, and some
would apply only to the catcher/processor sector. The Program would
include five types of sideboards: (1) General sideboards; (2) catcher
vessel sideboards; (3) catcher/processor rockfish cooperative
sideboards; (4) catcher/processor limited access sideboards; and (5)
catcher/processor opt-out sideboards.
General Sideboards
General sideboards would apply to all LLP licenses and vessels that
could be used to generate QS. General sideboards would include eligible
rockfish harvesters, and any vessel or LLP that could have generated
QS, even if the holder of that LLP license or vessel owner did not
submit an application to participate in the program. The Council
intended that general sideboard provisions would apply to all LLP
licenses and vessels potentially eligible for the Program. The Council
intended to limit the ability of a person with limited legal landings
to choose not to apply for the Program and expand their harvesting
opportunities in fisheries that were traditionally harvested by vessel
also eligible for the Program. The general sideboard provisions would
meet that intent.
The Program would establish a specific exemption from general
sideboards for vessels that would be otherwise subject to sideboard
restrictions in the GOA under the AFA. Additional sideboards under this
Program would impose additional restrictions on already limited vessels
under the AFA regulations.
General sideboards would apply to the catcher vessel and catcher/
processor sectors. General sideboards would establish a sideboard limit
on rockfish harvests in the Western GOA, and West Yakutat District, and
halibut PSC limits in the Central GOA, Western GOA, and West Yakutat
District during the month of July.
A sideboard limit in the Western GOA and West Yakutat District
rockfish fisheries would limit the pounds of fish that could be caught
by vessels fishing subject to the sideboard restriction to historic
harvest levels. The halibut PSC sideboard limit in the Central GOA,
Western GOA, and West Yakutat District would indirectly limit the
harvests of specific groundfish flatfish species that historically have
been limited not by their TAC, but by halibut PSC. A halibut PSC
sideboard would constrain the amount of halibut PSC that can be used
when harvesting flatfish species.
The Western GOA and West Yakutat District rockfish sideboard limit
would be based on the historic share of catch for a specific rockfish
fishery by vessels that generated legal landings that could generate QS
under the Program. The sideboard would be determined by measuring catch
by these vessels during July from 1996 through 2002, as compared to the
total harvests by all vessels during this period in the particular
directed groundfish fishery. This would yield a percentage of the total
harvests in that directed groundfish fishery. On an annual basis, this
percentage would be multiplied by the TAC for that directed groundfish
fishery. This amount would be the sideboard limit. Sideboard limits
would be assigned to the appropriate sector, either the catcher/
processor or the catcher vessel sector.
The EA/RIR/IRFA prepared for this action clarifies that the
sideboard provisions would apply only to Pacific ocean perch, pelagic
shelf rockfish, and northern rockfish (see ADDRESSES). Other rockfish
species would not be subject to specific sideboard limits, but would be
subject to existing management measures such as MRAs.
NMFS would establish the sideboard limit for each of the three
rockfish species (i.e., Pacific ocean perch, pelagic shelf rockfish,
and northern rockfish) for each sector using the percentage of historic
harvests of that rockfish species for that sector based on calculations
in the EA/RIR/IRFA prepared for this action. The EA/RIR/IRFA notes the
amount of historic harvest by vessels and LLP licenses subject to
sideboards for the three rockfish species in July as a percentage of
the total harvests by all trawl vessels in July. This is further
detailed by sector and management area. NMFS would establish the
sideboard limit for each sector, fishery, and management area based on
the computations provided in the EA/RIR/IRFA to provide the industry
with sideboard limits that would be based on the best available
information and would meet expectations discussed
[[Page 33057]]
throughout the public development of the sideboard limits during the
Council process.
Table 7 displays the percentage of the annual TAC assigned to each
sector for each rockfish fishery in the Western GOA and West Yakutat
District based on the information provided in the EA/RIR/IRFA. A
discussion of the data and analytic process used in the development of
the sideboard amounts is provided in Section 2.5 of the EA/RIR/IRFA.
NMFS would not establish a general sideboard limit for northern
rockfish in the West Yakutat District because the fishery was not open
for directed fishing during 1996 through 2002.
Table 7.--Sideboard Limits by Sector for West Yakutat District and Western GOA Rockfish
----------------------------------------------------------------------------------------------------------------
Catcher/
processor Catcher vessel
Management area Fishery sector sector
(percent of (percent of
the TAC) the TAC)
----------------------------------------------------------------------------------------------------------------
West Yakutat District...................... Pelagic shelf rockfish............. 72.4 1.7
Pacific ocean perch................ 76.0 2.9
Western GOA................................ Pelagic shelf rockfish............. 63.3 0.0
Pacific ocean perch................ 61.1 *
Northern rockfish.................. 78.9 0.0
----------------------------------------------------------------------------------------------------------------
* Not released due to confidentiality requirements on fish ticket data established by the State of Alaska.
The sideboard limits established in Table 7 would be assigned to
each sector for each fishery and would limit the maximum amount of fish
that sector could harvest. A specific subset of this fixed percentage
would be assigned to rockfish cooperatives in the catcher/processor
sector only. Cooperatives in the catcher/processor sector would receive
a sideboard limit equal to the percentage of rockfish QS assigned to
that cooperative multiplied by the total sideboard limit assigned to
the catcher/processor sector for a species in a specific management
area. For example, if 61.1 percent of the Western GOA TAC for pelagic
shelf rockfish were assigned to the catcher/processor sector, and a
rockfish cooperative was assigned 10 percent of the total rockfish QS
in the catcher/processor sector (i.e., 10 percent of the aggregate
rockfish QS for Pacific ocean perch, pelagic shelf rockfish , and
northern rockfish), NMFS would assign that cooperative 10 percent of
61.1 percent, or 6.11 percent of the Western GOA TAC for pelagic shelf
rockfish. A sideboard limit specified for a catcher/processor
cooperative would limit only that cooperative. This sideboard limit
could not be transferred to another cooperative. NMFS would not
establish similar sideboard limits for cooperatives in the catcher
vessel sector. Table 7 indicates that historically very small amounts
of rockfish in the Western GOA and West Yakutat District have been
harvested by the catcher vessel sector. Table 7 indicates that
historically the catcher/processor sector has harvested most of the
rockfish in the Western GOA and West Yakutat District. Cooperative
specific sideboards for the catcher/processor sector would reduce the
incentive for cooperatives within the catcher/processor sector to race
to catch the maximum amount allowed under a sideboard limit and
potentially exceed the TAC established for these species.
The Program would establish sideboard limits on how much halibut
PSC may be used in the Central GOA, Western GOA, and West Yakutat
District in addition to sideboards on rockfish harvests in the Western
GOA and West Yakutat District. Halibut PSC sideboards would limit the
amount of halibut that may be incidentally caught and killed while
fishing for groundfish.
NMFS would base the specific halibut PSC sideboard limit, the limit
on the pounds of halibut PSC allocated to vessels fishing subject to a
sideboard, on the historic use of halibut PSC in July by vessels in
each sector. NMFS would establish distinct halibut PSC sideboards for a
shallow-water species complex and a deep-water complex. Because halibut
PSC limits in the GOA are established based on fishery complexes based
on the depth of the targeted groundfish species, the halibut PSC
sideboard limit for the shallow water complex would be based on average
halibut PSC by vessels subject to sideboards in the shallow-water
flatfish and flathead sole fisheries. The halibut PSC sideboard limit
for the deep-waters species complex would be based on average halibut
PSC by vessels subject to sideboards in the arrowtooth flounder, deep-
water flatfish, rex sole, and rockfish fisheries.
NMFS proposes to establish the sideboard limit for the shallow-
water fishery complex and the deep-water fishery complex for each
sector based on the historic halibut PSC usage calculated in the EA/
RIR/IRFA prepared for this proposed action. The EA/RIR/IRFA describes
the amount of historic halibut PSC by vessels and LLP licenses subject
to sideboard limits in July as a percentage of the total halibut PSC by
all trawl vessels in July for that fishery in that sector and
management area. NMFS would establish the sideboard limit for each
sector based on the computations provided in the EA/RIR/IRFA to provide
the industry with sideboard limits that would be based on the best
available information and would meet expectations discussed throughout
the public development of the sideboard limits during the Council
process.
Table 8 displays the percentage of the annual GOA halibut PSC limit
in the shallow-water complex and deep-water complex assigned to each
sector in the Central GOA, Western GOA, and West Yakutat District based
on the information provided in the EA/RIR/IRFA. The percentage assigned
as a sideboard limit would be equal to the annual average halibut PSC
by vessels and LLP licenses subject to the sideboard limit during July
from 1996 through 2002 in that sector divided by the total average
halibut mortality assigned to the GOA trawl sector during 1996 through
2002. During this time period, the average annual halibut PSC was equal
to 2000 metric tons. A discussion of the data and analytic process used
in the development of the sideboard amounts is provided in Section 2.5
of the EA/RIR/IRFA.
[[Page 33058]]
Table 8.--Sideboard Limits by Sector for West Yakutat District, Central GOA, and Western GOA Annual Halibut
Mortality
----------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water
complex complex
halibut halibut
mortality mortality
Management area Sector limit (percent limit (Percent
of the GOA of the GOA
annual halibut annual halibut
mortality mortality
limit) limit)
----------------------------------------------------------------------------------------------------------------
Western GOA................................ Catcher/Processor sector........... 0.16 1.56
Catcher Vessel Sector.............. 0.00 0.00
Central GOA................................ Catcher/Processor sector........... 0.37 1.78
Catcher Vessel Sector.............. 6.14 0.98
West Yakutat District...................... Catcher/Processor sector........... 0.01 0.65
Catcher Vessel Sector.............. 0.18 0.10
----------------------------------------------------------------------------------------------------------------
As with the rockfish sideboard limits, NMFS would establish a
specific subset of the halibut PSC limit to rockfish cooperatives in
the catcher/processor sector only. Cooperatives in the catcher/
processor sector would receive a portion of the catcher/processor
sideboard limit equal to the percentage of QS assigned to that
cooperative in the catcher/processor sector multiplied by the halibut
PSC limit. For example, if 1.78 percent of the Central GOA Halibut PSC
is assigned to the catcher/processor sector, and a rockfish cooperative
is assigned 10 percent of the total rockfish QS in the catcher/
processor sector (i.e., 10 percent of the aggregate rockfish QS for
Pacific ocean perch, pelagic shelf rockfish , and northern rockfish),
NMFS would assign that cooperative 10 percent of 1.78 percent, or 0.178
percent of the Central GOA halibut PSC. A sideboard limit specified for
a catcher/processor cooperative would limit that cooperative. This
sideboard limit could not be transferred to another cooperative. NMFS
would not establish similar sideboard limits for cooperatives in the
catcher vessel sector.
NMFS would manage the sideboard to meet the intent of the Council,
which is to maintain a limit on rockfish harvests and halibut PSC
during the month of July. NMFS would review the sideboard limits for
specific fisheries, sectors, and regions and would not open a fishery
if a sideboard limit was not adequate to support harvests or halibut
PSC. NMFS would close fisheries for vessels subject to a sideboard if
harvests in those fisheries result in the harvest of sideboard species
in excess of the sideboard limit. NMFS would use the following
standards and require the necessary monitoring to ensure adequate
accounting:
First, NMFS would require any vessel subject to sideboard
limitations operating in the Central GOA, Western GOA, and West Yakutat
District from July 1 until July 31 to adhere to all catch monitoring
requirements. This would allow NMFS to assess harvest rates, and
monitor harvests in that fishery (see the Observer section of the
preamble below for more information).
Second, NMFS would require all vessels subject to a sideboard limit
to retain all rockfish caught during July 1 through July 31 in the
Western GOA and the West Yakutat District. NMFS would require vessels
to retain rockfish regardless of the specific target fishery. The goal
of the sideboard limit would be to ensure historic harvest levels are
not exceeded. NMFS would require retention of rockfish harvested
incidental to other directed fisheries (e.g., Western GOA arrowtooth
flounder), and debit them against the sideboard limit applicable to
that sector. NMFS would prohibit vessels from directed fishing in a
specific rockfish fishery in a specific area for a specific sector, if
that sideboard limit is reached.
Third, NMFS would debit all halibut PSC in a sector attributed to
the shallow-water species complex or deep-water species complex in the
Central GOA, Western GOA, and West Yakutat District in July against the
shallow-water halibut PSC sideboard or deep-water halibut PSC sideboard
limit, as appropriate, for a sector in a specific management area. This
would ensure that all halibut PSC in July is debited against the
sideboard limit established for the appropriate complex and sector.
NMFS would close directed fishing for non-rockfish fisheries in
specific species complexes once the halibut PSC sideboard limit is
reached. Specifically, if the halibut PSC limit for the deep-water
complex in a management area is reached, NMFS would close directed
fishing for arrowtooth flounder, deep-water flatfish, and rex sole in
that management area. If the halibut PSC sideboard limit for the
shallow-water complex in a management area is reached, NMFS would close
directed fishing for flathead sole and shallow water flatfish in that
management area.
An example of the management of rockfish sideboard limits and
halibut PSC sideboard limits follows. Assuming that catcher vessels
subject to the sideboard restrictions target Pacific ocean perch
rockfish in the Western GOA, then all rockfish harvested by those
vessels would be debited against the rockfish sideboard for the catcher
vessel sector. Because rockfish are in the deep-water complex, all
halibut PSC occurring in the rockfish fishery would be debited against
the deep-water species complex halibut PSC sideboard for catcher
vessels as well. NMFS would close the deep-water species complex
(arrowtooth flounder, deep-water flatfish, and rex sole), for the
catcher vessel sector once the halibut PSC sideboard limit is reached.
NMFS would still account for any halibut PSC in the rockfish fishery
and debit it against the general halibut PSC limit for the GOA. NMFS
would close the rockfish sideboard fishery for directed fishing (e.g.,
Pacific ocean perch), once the rockfish sideboard limit for the catcher
vessel sector had been reached.
In the Central GOA, NMFS would calculate the shallow-water halibut
PSC sideboard limit and deep-water halibut PSC sideboard limit by
including all halibut mortality for that sector in the month of July.
NMFS would assign vessels that participate in a rockfish cooperative an
allocation of halibut PSC CFQ for the incidental mortality of halibut
occurring during the Central GOA Program fisheries. This halibut PSC
CFQ allocation would be derived from usage in the rockfish fisheries
that are in the deep-water complex. NMFS would debit all halibut PSC in
a sector, including CFQ, against the deep-water halibut mortality
halibut PSC sideboard limit. This accounting method would ensure that
all halibut PSC in July is debited against the proper sideboard limit.
If the deep-water halibut PSC
[[Page 33059]]
sideboard limit is reached, vessels participating in rockfish
cooperatives could continue to use halibut PSC CFQ during the
prosecution of their primary rockfish species and secondary species
CFQ, but would be precluded from directed fishing for arrowtooth
flounder, rex sole, and deep-water flatfish.
Fourth, the sideboard limits recommended by the Council, and which
would be implemented by this action, are intended to limit harvests by
vessels that are harvesting fish allocated under a TAC. NMFS would
account for all catch by federally licensed vessels in Federal waters
and the State parallel fishery against the sideboard limit.
Additionally, federally permitted vessels would be precluded from
fishing in the parallel fishery during July if the sideboard limit for
that fishery is reached or the sideboard fishery is not open. NMFS
would not manage the activities of non-federally permitted vessels in
the parallel fishery or in other state-managed fisheries.
Catcher Vessel Sideboards
The Program recommended by the Council provides for specific
sideboard measures for catcher vessels. These sideboard measures
include prohibitions on catcher vessels fishing specific groundfish
fisheries in the BSAI, and limitations on fishing Pacific cod in the
BSAI during July. The prohibition on directed fishing in specific
fisheries in the BSAI during July is based on a review of past
participation by the catcher vessel fleet. Catcher vessels would be
prohibited from directed fishing on species in the BSAI that they have
not historically harvested as determined by the Council. These species
would include: Alaska plaice; arrowtooth flounder; flathead sole; other
flatfish; Pacific ocean perch; rock sole; and yellowfin sole.
BSAI Pacific cod sideboard limits in July would be calculated and
managed similar to general sideboards in the GOA. The sideboard
restrictions do not provide for specific allocations of sideboard
limits to rockfish cooperatives in the catcher vessel sector. The BSAI
Pacific cod sideboard limit would apply to the entire catcher vessel
sector--rockfish cooperatives and the limited access fishery as a
whole. Based on data from the EA/RIR/IRFA, the sideboard limit for BSAI
Pacific cod in the catcher vessel sector is likely to be small, and
NMFS may choose not to permit directed fishing by vessels subject to
the BSAI Pacific cod sideboard limit.
Table 9 summarizes the elements of general sideboards and catcher
vessel sideboards.
Table 9.--General and Catcher Vessel Sideboards
----------------------------------------------------------------------------------------------------------------
Element General sideboards Catcher vessel sideboards
----------------------------------------------------------------------------------------------------------------
Which sector does it apply to? Both the catcher vessel catcher/ Only the catcher vessel sector.
processor sector.
When does the sideboard apply? From July 1 through July 31.
Which LLP licenses are subject to All LLP licenses that are eligible to receive QS under the Program are
sideboards? subject to sideborads, including LLP licenses that could generate QS but
were not designated in an application to participate in the Program.
Which vessels are subject to All vessels with legal landings that could generate QS under this Program.
sideboards?
Are there any exemptions to this Yes, vessels that are identified as not exempt from GOA sideboards under
sideboards? the AFA, as speci-
fied under 50 CFR this 679.63(b)(1)(i)(B), are exempted from these
sideboards.
Does this sideboard prohibit No. Yes, any vessel or LLP license
directed fishing in specific subject to this sideboard may not
groundfish fisheries? directed fish for: Alaska plaice;
arrowtooth flounder; flathead sole;
other flatfish; Pacific ocean
perch; rock sole; or yellowfin sole
in the BSAI during July.
Which fisheries are subject to Western GOA and Western Yakutat Pacific cod in the BSAI during July.
sideboard limits? District Pacific ocean perch,
pelagic shelf rockfish, and
northern rockfish during July.
How is the sideboards ratio For each sector, and for each In addition to the general
determined? fishery subject to a sideboard, sideboard, for each fishery subject
NMFS will: (1) Add up the total to a sideboard, NMFS will: (1) add
retained catch by all vessels up the total retained catch by all
subject to sideboards during the vessels subject to sideboards
month of July during 1996 through during the month of July during
2002; and (2) divide this amount by 1996 through 2002; and (2) divide
the total retained catch by all this amount by the total retained
vessels during the same period. The catch vessels during the same
resulting quotient is the sideboard period. The resulting ratio is the
ratio for that sector. sideboard ratio. Based on the data
from EA/RIR/IRFA prepared for this
action, this amount represents 0.0
percent of the BSAI Pacific cod
average annual TAC during this
period.
How is the annual sideboard The sideboard ratio is multiplied by the TAC for that specific sideboard
determined? fishery. If the TAC for that sideboard fishery is divided among
management areas, or seasons then the annual sideboard limit is
proportionally divided among areas and seasons.
Is halibut PSC sideboarded in Yes, this sideboard limits the Yes, under the general sideboards.
specific directed groundfish amount of halibut PSC that may be
fisheries? used by any vessel fishing in the
directed groundfish fisheries in
the GOA with a halibut PSC
sideboard limit in the: (1) shallow-
water complex fisheries; and (2)
deep-water complex fisheries.
[[Page 33060]]
How is the halibut PSC sideboard For each sector, and for the deep Yes, under the general sideboards.
ratio determined? water species and the shallow water
species complexes, NMFS will
calculate the halibut PSC ratio for
that sector and fishery complex by:
(1) adding up the total halibut
mortality by all vessels subject to
sideboards in July during 1996
through 2002; and (2) dividing this
amount by the total halibut
mortality by all vessels during the
same period. The resulting ratio is
the halibut PSC ratio for that
sector and fishery complex.
How is the annual halibut PSC For each sector, the halibut PSC Yes, under the general sideboards.
sideboard limited determined? sideboard ratio is multiplied by
limit the total halibut PSC limit
for the deep water species complex,
or the shallow waters species
complex, as applicable, in the GOA.
The annual halibut PSC sideboard
limit is proportionally divided
among areas based on the proportion
of groundfish in the shallow-water
or deep-water complex harvested by
that sector in that management area
in the month of July.
Does all halibut mortality in Yes, all halibut mortality counts Yes, under the general sideboards.
species complex in July count against a specific species complex
against the sideboard limit? in specific management area.
Which fisheries are closed once a Shallow-water halibut PSC sideboard See general sideboards.
halibut PSC sideboard limit is limit. For each sector, directed
reached? fishing for shallow-water flatfish
and flathead sole fisheries is
closed once the shallow-water
halibut PSC sideboard limit is
reached in that management area.
Deep water halibut PSC sideboard
limit. For each sector, directed
fishing for arrowtooth flounder,
deep-water flatfish, and rex sole
once the deep-water halibut PSC
sideboard limit is reached.
----------------------------------------------------------------------------------------------------------------
Catcher/Processor Rockfish Cooperative Sideboard Limits
Under the Council's recommendations, the participants in the
catcher/processor sector would be subject to specific prohibitions and
sideboard limits if they are participating in a rockfish cooperative.
Vessels and LLP licenses assigned to a catcher/processor rockfish
cooperative would be prohibited from fishing in BSAI groundfish
fisheries from July 1 through July 14, other than fixed-gear sablefish,
which is managed under the IFQ Program, and pollock, which is managed
under the AFA. This two-week prohibition would limit the ability of
participants in the Program to expand harvests in BSAI groundfish
fisheries during the historic Central GOA rockfish season.
In addition, the Program would prohibit the harvest of non-Program
groundfish except pollock and fixed-gear sablefish (IFQ sablefish) in
the GOA during early July by vessels and LLP licenses assigned to a
cooperative. The limitation would either be a prohibition on directed
groundfish fishing from July 1 to July 14, or if a catcher/processor
cooperative does not use any CFQ prior to July 1, then all vessels
participating in a cooperative would be prohibited from directed
fishing in any GOA non-Program groundfish fishery except fixed-gear
sablefish and pollock from July 1 until 90 percent of that
cooperative's primary species CFQ has been harvested.
The Council recommended that this prohibition on fishing would not
apply if ``NMFS accepts the rockfish cooperative sideboard monitoring
program.'' NMFS would require all vessels to maintain adequate
monitoring to participate in the Program (See Monitoring section of the
preamble below for additional details). The extensive monitoring that
would be required by catcher/processor vessels participating in a
rockfish cooperative would be sufficient to ensure adequate accounting
of the sideboard limits. A rockfish cooperative would fail to meet
monitoring standards only if it were in violation of these general
monitoring provisions.
NMFS proposes not applying this prohibition on fishing in early
July to catcher/processors participating in rockfish cooperatives in
the GOA for several reasons. First, the monitoring standards required
by NMFS would meet the requirements for monitoring sideboard
restrictions. Second, applying a prohibition on fishing if a monitoring
requirement is not met would require NMFS to provide any affected
parties adequate due process to appeal any decisions before
implementing the prohibition on fishing. In most cases, NMFS
anticipates this due process requirement could not be satisfied in a
timely fashion to allow the implementation of the prohibition on
fishing. If a catcher/processor vessel participating in a rockfish
cooperative fails to meet the monitoring requirements of this Program,
it could be subject to enforcement action. If vessels meet the
monitoring requirements of this Program, then NMFS would effectively
accept the monitoring of sideboard limits by the rockfish cooperative,
thereby, meeting the recommendation of the Council that this
restriction would not apply if ``NMFS accepts the co-op sideboard
monitoring program.''
In addition to the prohibition on fishing in BSAI groundfish
fisheries
[[Page 33061]]
other than pollock and fixed-gear sablefish from July 1 through July
14, NMFS would assign a portion of the general sideboard limit and
halibut PSC sideboard limit in the catcher/processor sector to each
catcher/processor rockfish cooperative. The method for assigning a
portion of the general sideboard limit to cooperatives is discussed
under the General Sideboards section of the preamble. The general
sideboard limit that would be assigned to a cooperative in the catcher/
vessel sector would be subject to the following restrictions: (1) The
sideboard limit allocated would be based on the proportion of the QS in
the catcher/processor sector assigned to the rockfish cooperative; and
(2) a rockfish cooperative could not transfer any sideboard limit
specifically assigned to it. These restrictions are necessary to
administer the sideboard limits and ensure that a rockfish cooperative
does not exceed its limit. Because sideboard limits, in particular the
halibut PSC sideboard limit, would be based on data gathered from
observers and other data sources, it would not be possible to attribute
a sideboard limit to a specific rockfish cooperative in a timely
fashion if transfers were permitted. Given the administrative
complexities of tracking sideboard transfers accurately and the nature
of this Program, a pilot project with a limited duration, NMFS would
prohibit sideboard limit transfers to ensure compliance and reduce
additional administrative burdens and confusion. The specific sideboard
limits for West Yakutat District and Western GOA rockfish applicable to
the catcher/processor sector are detailed in Table 9.
A similar method would be used to assign a sideboard limit for the
shallow-water halibut PSC sideboard limit and the deep-water halibut
PSC sideboard limit to each rockfish cooperative in the Western GOA,
Central GOA and West Yakutat District in the month of July. The method
for assigning a portion of the halibut PSC general sideboard limits to
cooperatives is discussed under the General Sideboards section of the
preamble. The specific sideboard limits for halibut mortality for the
West Yakutat District, Central GOA, and Western GOA rockfish applicable
to the catcher/processor sector are detailed in Table 9.
Catcher/Processor Limited Entry Sideboards
NMFS would apply specific sideboards to catcher/processor vessels
participating in the catcher/processor limited entry fishery. These
sideboards would prohibit fishing in early July for a specific set of
catcher/processor vessels. Any vessel using an LLP license with greater
than 5 percent of the QS of Pacific ocean perch assigned to the
catcher/processor limited access fishery would be prohibited from
directed fishing in any BSAI or GOA groundfish fishery except pollock
or fixed-gear sablefish from July 1 until 90 percent of the CFQ of
Pacific ocean perch assigned to the catcher/processor sector has been
harvested.
This sideboard restriction would limit vessels with significant
historic participation in the Pacific ocean perch fisheries in the GOA
from expanding their activities into other BSAI and GOA groundfish
fisheries, specifically BSAI Pacific ocean perch fisheries, during the
historic Central GOA rockfish season in early July.
Catcher/Processor Opt-Out Sideboards
In addition to the general sideboards, NMFS would prohibit any
catcher/processor LLP license and associated vessel assigned to the
opt-out fishery from: (1) Directed fishing in any of the primary
rockfish fisheries in the Central GOA during the year; and (2) directed
fishing in any GOA groundfish fishery from July 1 through July 14, in
which that vessel or LLP license does not have prior participation,
except fixed-gear sablefish.
The Program would define prior participation as at least one
landing in a directed GOA groundfish fishery during any two years from
1996 through 2002 during specific time periods in early July. The
specific time periods for each year during which a landing could be
made are: (1) June 30, 1996 through July 6, 1996; (2) June 29, 1997
through July 5, 1997; (3) June 28, 1998 through July 4, 1998; (4) July
4, 1999 through July 10, 1999; (5) July 8, 2000 through July 15, 2000;
(6) July 1, 2001 through July 7, 2001; and (7) June 30, 2002 through
July 6, 2002.
If a sideboarded LLP license or vessel made a landing in a directed
fishery in any two years during these time periods, it could continue
to directed fish in that groundfish fishery during July 1 through July
14. If the vessel or LLP license did not meet these criteria, it could
not directed fish in that groundfish fishery during July 1 through July
14--except fixed-gear sablefish which is managed under the existing IFQ
program. NMFS would consider any landing in a directed groundfish
fishery in the Southeast Outside region (Statistical Area 650), as a
landing for that directed fishery in the Western Yakutat District
(Statistical Area 640) for purposes of considering participation in a
directed fishery. This provision would address a unique situation in
the Eastern GOA. Area 650 was closed to trawling in 1998 and some
vessels that had participated in that region moved their operations to
the Western Yakutat District. This provision would accommodate their
historic participation patterns in the Eastern GOA.
Table 10 summarizes the sideboard restrictions that are specific to
the catcher/processor sector.
Table 10.--Catcher/Processor Specific Sideboards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor rockfish Catcher/processor limited access
Element cooperatives fishery Catcher/processor opt-out fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
When does the prohibited fishing From July 1 through July 14 for The sideboard prohibits fishing in Some of the sideboard measures apply
sideboard apply? sideboards in the BSAI. BSAI groundfish fisheries, except the entire year, most provisions
fixed-gear sablefish and pollock, apply from July 1-July 14.
from July 1 until 90 percent of the
TAC allocated to the catcher/
processor limited access fishery is
taken.
Which LLP licenses are subject to All LLP licenses that are assigned to All LLP licenses that are assigned All LLP licenses that are assigned
sideboard? a catcher/processor rockfish to the limited access fishery with to the opt-out fishery.
cooperative. QS of Pacific ocean perch equal to
or greater than 5 percent of the QS
of Pacific ocean perch to the
catcher/processor sector.
[[Page 33062]]
Which vessels are subject to directed All vessels with legal landings that All vessels with legal landings that All vessels with legal landings that
fishing prohibitions? generated QS, if that vessel is generated QS of Pacific ocean perch generated QS on an LLP license, if
named on an LLP license assigned to equal to or greater than 5 percent that vessel is named on an LLP
a cather/processor rockfish of the QS of Pacific ocean perch license is assigned to the opt-out
cooperative. allocated to the catcher/processor fishery.
sector, if that vessel is named on
an LLP license assigned to the
limited access fishery.
Are there any exemptions to these No.
directed fishing prohibitions?
Does this sideboard prohibit directed Yes. Any vessel or LLP license Yes. Any vessel or LLP license Yes. Any vessel or LLP license
fishing in specific groundfish subject to this sideboard may not subject to this sideboard may not: subject to this dideboard may not:
fisheries? directed fish in any BSAI groundfish (1) Directed fish in any BSAI (1) directed fish in any of the
fishery, except pollock or fixed- groundfish fishery, except pollock primary rockfish fisheries during
gear sablefish, from July 1-July 14. or fixed-gear sablefish; or (2) the year; and (2) directed fish in
directed fish in any GOA directed any GOA groundfish fishery from
sideboard fishery from July 1 until July 1 through July 14, in which
90 percent of the Pacific ocean that vessel or LLP license does not
perch TAC assigned to the catcher/ have prior participation, except
processor sector has been fixed-gear sablefish, (see the
harvested. section on catcher/processor opt-
out sideboards for more
information).
Which directed groundfish fisheries See general sideboard restrictions.
are sideboarded?
How is the groundfish sideboard ratio For each rockfish cooperative, and See general sideboard restrictions.
determined? for each fishery subject to a
sideboard, NMFS will: (1) Add up the
total retained catch by all vessels
in the rockfish cooperative subject
to sideboards during the month of
July, from 1996 through 2002; and
(2) divide this amount by the total
retained catch by all vessels during
the same period. The resulting ratio
is the sideboard ratio for that
sector.
How is the annual sideboard limit The sideboard ratio is multiplied by See general sideboard restrictions.
determined? the TAC for that specific sideboard
fishery. If the sideboard fishery is
divided by management area and
season, then the annual sideboard
limit is proportionally divided
among areas and seasons.
Is halibut PSC sideboarded in Yes, this sideboard limits the amount See general sideboard restrictions.
specific directed groundfish of halibut PSC that may be used by
fisheries? any vessel fishing in the directed
fisheries in the GOA for: (1)
Flathead sole and shallow water
flatfish--the shallow-water complex
fisheries; and (2) arrowtooth
flounder, deep water flatfish, and
rex sole--the deep-water complex
fisheries.
[[Page 33063]]
How is the halibut PSC sideboard For each rockfish cooperative, and See general sideboard restrictions.
ratio determined? for the shallow-water species
complex and the deep-water species
complex separately, NMFS will
calculate the halibut PSC ratio for
that sector and fishery complex by:
(1) Adding up the total halibut
mortality by all vessels subject to
sideboards in July during 1996
through 2002; and (2) dividing this
amount by the total halibut
mortality by all vessels during the
same period. The resulting ratio is
the halibut PSC ratio for that
rockfish cooperative for that
fishery complex.
How is the annual halibut PSC For each sector, the halibut PSC See general sideboard restrictions.
sideboard limit determined? sideboard ratio is multiplied by the
total halibut PSC limit for the deep-
water species complex, or the
shallow-water species complex, as
applicable, in the GOA. If the
halibut PSC limit is divided by
management area and season, then the
annual halibut PSC sideboard limit
is proportionally divided among
areas and seasons.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Management of the Sideboards
If NMFS determines that a specific sideboard limit for a directed
fishery is small and insufficient to support any retained catch, then
the directed fishing allowance for that sideboard fishery may be set to
zero for a particular sector, fishery, or area. This determination
would be made based on the estimated harvest rates in the fishery, the
size of the sideboard limit, and whether that limit can support a
directed fishery. The notification of the directed fishing allowance
would be established in the harvest specifications that define the
allocations to the various fishery components.
After NMFS determines which vessels and LLP licenses would be
subject to sideboards, NMFS would inform each vessel owner and LLP
license holder in writing of the type of sideboard limitation, provide
an opportunity to challenge these findings, and issue a revised Federal
fisheries permit and/or LLP license that displays the limitation on the
face of the permit or license.
A vessel owner or LLP license holder who believes that NMFS has
incorrectly identified his or her vessel or LLP license as meeting the
criteria for a sideboard limitation could request reconsideration. All
requests for reconsideration would have to be submitted in writing to
NMFS, together with any documentation or evidence supporting the
request. If the request for reconsideration were denied, affected
persons could appeal that decision using existing appeals procedures
(see Sec. 679.43 for additional details). During an appeal, an LLP
holder appealing the sideboard restrictions applicable to that LLP
license or vessel could fish with that vessel or LLP license under
appeal in the limited access fishery. Until final agency action on the
appeal, NMFS would not reissue that person an LLP license with
associated QS. This would limit a person from assigning that LLP
license to a rockfish cooperative.
Summary of CFQ Allocations, TACs, and Sideboard Limit Assignments
The assignment of the combination of CFQ allocations, TACs, and
sideboards among the various sectors, fisheries, and rockfish
cooperatives is complex. Table 11 summarizes the allocations and
sideboards that would apply to components in the Program.
Table 11.--Allocations Among the Various Components of the Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
QS and CFQ Sideboard limits
------------------------------------------------------------------------------------------------------------------------
Fishery component Shallow-water
Primary species Secondary species Halibut PSC Groundfish halibut Deepwater halibut
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel rockfish Allocation to the rockfish cooperative of CFQ based on the
cooperative. sum of the QS held by all the members. This allocation is
for the exclusive use of the rockfish cooperative that
holds the allocation. CFQ may be transferred among
rockfish cooperatives once allocated. CFQ may not be
transferred from a cooperative in the catcher vessel
sector to a cooperative in the catcher/processor sector.
Sideboard limits are established for the entire sector,
and are not assigned to catcher vessel rockfish
cooperatives.
[[Page 33064]]
Catcher vessel limited access The limited access No allocation is made. The limited
fishery. fishery TAC is access fishery is subject to an MRA
based on the sum specific to the Program. Halibut is
of the QS assigned managed as a PSC and is debited off
to the limited of the general halibut mortality
access fishery. limit applicable to the GOA.
This TAC may be
harvested by any
eligible rockfish
harvester
participating in
the limited access
fishery.
Sideboard limits are established for the entire sector.
Catcher/processor rockfish Allocation to the rockfish cooperative of CFQ based on the
cooperative. sum of the QS held by all the members. This allocation is
for the exclusive harvest of the rockfish cooperative that
holds the CFQ. CFQ may be transferred among rockfish
cooperatives once allocated.
Sideboard limits are assigned to a catcher/processor
rockfish cooperative based on the sideboard ratio
attributed to vessels and LLP license that are
participating in that rockfish cooperative.
Catcher/processor limited The limited access No allocation is made. The limited
access fishery. fishery TAC is access fishery is subject to an MRA
based on the sum specific to the Program. Halibut is
of the QS assigned managed as a PSC and is debited off
to the limited of the general halibut mortality
access fishery. limit applicable to the GOA.
This TAC may be
harvested by any
eligible rockfish
harvester
participating in
the limited access
fishery.
Sideboard limits are established for the entire sector. Any
sideboard limit that is not assigned to a catcher/
processor rockfish cooperative is the amount established
for the catcher/processor sector, which includes the
limited access fishery and vessels in the opt-out fishery.
Catcher/processor opt-out No allocation is made. The opt-out fishery is subject to an
fishery. MRA applicable to that directed fishery. Vessels in the
opt-out fishery may not direct fish in the Central GOA for
northern rockfish, Pacific ocean perch, or pelagic shelf
rockfish.
Sideboard limits are established for the entire sector.
Any sideboard limit that is not assigned to a catcher/
processor rockfish cooperative is the amount established
for the catcher/processor sector, which includes the
limited access fishery and vessels in the opt-out fishery.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Entry Level Fishery
In addition to rockfish cooperatives, limited access fisheries, and
a catcher/processor opt-out fishery, the Program would establish an
entry level fishery for all persons who are not eligible rockfish
harvesters or processors. NMFS would allocate 5 percent of the Central
GOA TAC in the northern rockfish, pelagic shelf rockfish, and Pacific
ocean perch fisheries to the entry level fishery. This fishery would
provide opportunities for harvesters and processors who had not
traditionally participated in the Central GOA rockfish fisheries.
NMFS would not allocate the entry level fishery secondary species,
halibut PSC, or sideboards. NMFS would assign TAC of northern rockfish,
pelagic shelf rockfish, and Pacific ocean perch to the entry level
fishery so that 50 percent (or 2.5 percent of the combined TAC for the
three rockfish fisheries) would be assigned to trawl catcher vessels
and 50 percent (2.5 percent of the combined TAC for the three rockfish
fisheries) would be assigned for fixed gear catcher vessels.
Historically, Pacific ocean perch has been harvested almost exclusively
with trawl gear. Northern rockfish and pelagic shelf rockfish have been
harvested by fixed gear vessels to a limited degree. Rather than
allocate Pacific ocean perch equally between the trawl and fixed gear
vessels, resulting in Pacific ocean perch remaining unharvested by
fixed gear vessels, NMFS would allocate Pacific ocean perch to entry
level trawl vessels first. NMFS would allocate any remaining pounds up
to the combined 2.5 percent TAC for the three rockfish species from the
TAC that would be assigned to northern rockfish and pelagic shelf
rockfish. In most years, this would result in Pacific ocean perch
comprising most of the allocation to trawl gear vessels.
Harvests of other species in the entry level fishery would be
governed by an MRA that applies to vessels targeting these species (see
Table 30 to part 679 in the regulatory text for more detail). The entry
level fishery for trawl gear would begin on May 1 and end November 15,
or when the TAC for each of the rockfish fisheries was reached. The
entry level fishery for fixed gear would begin on January 1 and end on
November 15, or when the TAC for each of the rockfish fisheries was
reached.
In order to participate in the entry level fishery, a person: (1)
Could not be an eligible rockfish harvester or
[[Page 33065]]
processor; and (2) would have to submit an application to participate
in the entry level fishery by December 1. A completed application would
contain the following information: (1) Contact information for the
applicant; (2) identification of the LLP license and vessel to be used
in the entry level fishery (vessels less than 26 feet length overall
would not be required to have an LLP under existing regulations); (3)
declaration that the harvester has a market for any rockfish delivered
in the entry level fishery; and (4) certification by the applicant.
NMFS would require a harvester that plans to harvest in the entry level
fishery submit information establishing that the harvester has
established a market relationship with a processor. This would reduce
the potential for harvesters to apply for the entry level fishery but
not be able to harvest and deliver fish for lack of a market.
NMFS would account halibut PSC available for trawl vessels in the
entry level fishery against the allocation of halibut PSC to the deep-
water species fishery complex for that seasonal apportionment. This
apportionment is derived from the general halibut PSC apportionment for
the GOA, it would not be derived from the same apportionment that
applies to Halibut PSC allocated as CFQ, or the sideboard limits for
the non-entry level portion of the fishery. If the Halibut PSC
allocation in the deep-water fishery complex has been reached or
exceeded for that seasonal apportionment, the entry level fishery for
trawl vessels, NMFS would close the fishery until deep-water species
fishery complex halibut PSC was available.
Halibut PSC available for fixed gear vessels in the entry level
fishery would be accounted against the allocation to the other non-
trawl fishery category for that seasonal apportionment. If the halibut
PSC allocation in the other non-trawl fishery category has been reached
or exceeded for that seasonal apportionment, the entry level fishery
for fixed gear vessels would be closed until the non-trawl deep water
species fishery complex halibut PSC is available.
NMFS would make unharvested northern rockfish, pelagic shelf
rockfish, or Pacific ocean perch available for harvest by trawl and
fixed gear on September 1. Any unharvested rockfish in either the fixed
gear or trawl gear allocations could be harvested by trawl and fixed
gear vessels beginning September 1.
NMFS would maintain the authority to not open the entry level
fishery if it is appropriate for conservation or other management
reasons. NMFS would consider factors such as the total allocation,
anticipated harvest rates, and number of participants in making any
such decision. Because participants in the entry level fishery are
required to register to participate, NMFS would have information prior
to the opening of the fishery to assess harvest rates and season
closures.
Monitoring
As is the case for any quota-based program, NMFS would need to be
able to accurately monitor the use of all CFQ, sideboard limits, and
use caps. The primary tools for monitoring would include: (1) Requiring
the use of observers aboard vessels and at processing facilities; (2)
requiring that shoreside and floating processors operate under NMFS
approved catch monitoring and control plans (CMCP); (3) requiring the
weighing of all catch on NMFS or State of Alaska approved scales; (4)
requiring that catcher/processors follow specified procedures when
handling catch prior to processing; and (5) requiring that most vessels
participating in the rockfish pilot program carry and use a NMFS-
approved vessel monitoring system (VMS) transmitter. NMFS welcomes
comment on any of the monitoring aspects of the Program.
Observers
Observers would be required aboard vessels and at processing
facilities to adequately account for catch and bycatch in the fishery.
Observer coverage would increase from existing coverage levels in most
cases to ensure that catch accounting is adequate for a quota based
fishery. Because this is a new program, ensuring adequate observer
coverage would be particularly important for monitoring the complex
suite of allocations and sideboard limits. Observer coverage would be
essential to monitor halibut mortality rates in the fishery and ensure
that a rockfish cooperative does not exceed its halibut PSC allocation.
Observer coverage would also be essential for monitoring primary
rockfish species for rockfish cooperatives and the limited access
fishery, or to monitor sideboard limits.
Observer coverage would be expanded from existing levels on all
vessels fishing under a CFQ permit for a rockfish cooperative, in a
limited access fishery, or when subject to sideboard limits. Because
much of the catch accounting for the Program would be based on
shoreside delivery reports, NMFS would require observers at all
processing facilities that receive primary rockfish species or
secondary species. This would include both eligible rockfish processors
and any processor receiving rockfish in the entry level fishery.
Observer coverage issues were outlined in the EA/RIR/IRFA analysis
prepared to support this action (see ADDRESSES for more information).
Generally, the level and type of observer coverage required under this
Program follows models that have been developed for monitoring catcher/
processor vessels under the AFA and CDQ Program for catcher vessels,
with some important distinctions for the catcher/processor sector.
Observer coverage under the Program would maintain existing standards
for observer workload restrictions (see Sec. 679.50 for more details
on workload regulations). The Program would clarify that an observer
assigned to one processing facility could not be assigned to multiple
facilities in a day. This would reduce potential conflicts in observer
scheduling and ensure adequate coverage of Program catch on shore.
Additionally, regulations would clarify that observer coverage required
to monitor harvests would be separate from observer requirements in
other fisheries.
Observer Coverage for Rockfish Cooperatives
Observer coverage would differ in rockfish cooperatives from the
existing requirements for several reasons. Observer coverage for
rockfish cooperatives would be similar to that under the CDQ Program,
with some importation distinctions. Under the CDQ Program, catcher/
processors may choose to designate specific hauls that are attributed
to the CDQ Program. The catch from other hauls would be managed
according to the directed fisheries that were open at that time. In the
CDQ Program, all catch is debited against the CDQ account applicable
for that vessel, and all catch is counted and debited against the CDQ
allocation.
The CDQ catch accounting model is not applicable for the Program in
several respects. First, under the Program, all catch from directed
fishing for a primary rockfish species (e.g., Pacific ocean perch)
should be counted against the CFQ. In cases where the operator of the
vessel chooses which hauls are allocated to which fisheries, it
introduces additional accounting complexities. Designating specific
hauls prior to fishing would require notification to the observer, and
should confusion arise, hauls would likely be attributed to the
Program, creating the potential for additional administrative burdens
should specific haul
[[Page 33066]]
designations be challenged, and significant new accounting burdens on
observers. In any case, if a catcher/processor vessel were to designate
any haul during a trip as a Program haul, full observer coverage would
need to be provided. Observer and other monitoring costs would not be
significantly lower if catcher/processor vessel operators were
designating non-Program and Program hauls once at sea.
To avoid such complex accounting situations for a two-year pilot
program, NMFS would require that all primary rockfish species,
secondary species, or halibut mortality attributed to vessels in the
cooperative that are specifically authorized to harvest that
cooperative's CFQ to be debited against that cooperative's CFQ. NMFS
would propose this catch monitoring protocol for vessels harvesting
under a CFQ permit to ensure proper accounting of catch. This coverage
would apply for any vessel authorized to fish under a CFQ permit from
May 1 until November 15, or until a rockfish cooperative notifies NMFS
that the rockfish cooperative is no longer fishing under the Program
and rescind fishing privileges to any remaining CFQ. This ``check out''
procedure could occur after the cooperative has transferred its CFQ to
another cooperative, thereby limiting the loss of any unused CFQ.
This check-out procedure would ensure that vessels are fully
monitored as long as the rockfish cooperative holds CFQ. The check-out
process would be made through a formal Declaration for Termination of
Fishing. Once this declaration is made, the CFQ issued to that rockfish
cooperative would be set to zero for all primary rockfish species,
secondary species, and halibut PSC, and that cooperative could no
longer receive CFQ by transfer.
If a vessel is named on an LLP license that is assigned to a
cooperative, and that vessel is not authorized to fish the CFQ for that
cooperative, that vessel would be subject to current non-Program
observer coverage requirements. Vessels named on LLP licenses assigned
to a cooperative, but not authorized to fish under a CFQ permit, could
continue to fish in other non-Program fisheries. Any secondary species
(e.g., Pacific cod), or halibut PSC caught by these vessels would not
be debited against the CFQ for the cooperative, and would be subject to
existing regulations that apply to the management of non-Program
fisheries.
NMFS would also permit the authorized representative of a
cooperative to redesignate the vessels assigned to fish that
cooperative's CFQ. This would accommodate changes in vessel
availability and accommodate any unforeseen circumstances (e.g.,
mechanical failure). However, any such redesignation would need to be
submitted to NMFS 48 hours prior to that vessel fishing under a CFQ
permit. To ensure proper accounting of fish aboard a vessel, any vessel
that is redesignated to fish under the cooperative's CFQ permit, could
not have fish onboard the vessel prior to fishing under a CFQ permit.
Additionally, that redesignated vessel would need to meet all other
applicable monitoring requirements.
The specific level of observer coverage required for catcher/
processor vessels and catcher vessels is detailed in Table 12.
Generally, observer coverage is greater for catcher/processors than
catcher vessels due to the nature of shipboard operations and the
difficulty for one observer to adequately monitor catch.
Observer Coverage for Limited Access Fisheries
Observer coverage requirements in the limited access fisheries
would be similar to those vessels assigned to cooperatives. However,
observer requirements for vessels in a limited access fishery would not
begin until July 1. These requirements would remain in place until
November 15, or until NMFS closes directed fishing for all three of the
primary rockfish fisheries for the limited access fishery. Typically,
these fisheries close in mid-July. Observer coverage required for
catcher/processor vessels and catcher vessels is detailed in Table 12.
NMFS would require observer coverage adequate to ensure proper
management of the TAC. This would be particularly critical in the
limited access fisheries because the TAC assigned is likely to be small
and limited observer coverage could reduce the ability of NMFS to close
fisheries in a timely manner.
Observer Coverage for Sideboard Fisheries
NMFS would require observers on all vessels subject to sideboard
limits that directed fish in the West Yakutat District, Central GOA,
and Western GOA during July. This would help to ensure that vessels do
not exceed the general sideboard limits. The sideboard limits for the
Western GOA and West Yakutat District rockfish fisheries are likely to
be small relative to potential harvest rates and would need to be
intensively managed to ensure adequate catch accounting and avoid
exceeding sideboard limits. Additionally, the sideboard limits that
would be established for halibut PSC in the deep-water and shallow-
water fishery complex would need to be managed based on data gathered
by observers. These halibut PSC limits are small relative to potential
halibut PSC rates. Additional observer coverage for managing sideboard
limits would not be required in the West Yakutat District, Central GOA,
or Western GOA after July 31. Vessels fishing under a CFQ permit, or in
a limited access fishery in the Central GOA after July 31, would still
be subject to any applicable additional observer requirements
established under this Program.
Observer Communication System
To ensure timely collection of data, NMFS would require that
catcher vessels less than 125 feet length overall install and maintain
a computer for use by an observer when the vessel is required to meet
observer coverage requirements for the Program. This would include all
catcher vessels fishing for a rockfish cooperative, in the limited
entry fishery, or in the West Yakutat District, Central GOA, and
Western GOA during July. Alternatively, vessels that already have
computers which meet NMFS specifications could provide the observer
access to that computer. NMFS would install custom software on each of
these computers. This software would allow the vessel's observer to
enter and edit data, which could be transferred to a disk and sent
electronically to NMFS from a plant observer's computer.
Currently, all vessels that carry an observer 100 percent of the
time, as well as all shoreside and stationary floating processors
required to have an observer present, are required to maintain a
computer for use by an observer as part of the Observer Communication
System (OCS). The OCS was implemented in 1995 and is comprised of: (1)
Electronic hardware that meets NMFS specifications and is supplied by
the vessel, shoreside, or stationary floating processor, and (2)
dedicated software provided by NMFS. This hardware and software allow
observers to communicate with, and transmit data to, NMFS.
Although a component of the OCS allows observers to communicate
with and transmit data directly to NMFS, all participating catcher
vessels that are not currently required to carry an observer 100
percent of the time (those less than 125 feet) would only be required
to provide the computer component of the OCS. This is because these
vessels make short duration trips and, at this time, the costs of
requiring communications equipment outweigh the benefits of
[[Page 33067]]
increased timeliness of data transmission.
NMFS anticipates that enabling observers to enter and send their
data electronically would result in significant reductions in the time
required to provide data to NMFS and rockfish cooperative managers.
Under the Program, vessels and rockfish cooperatives would be required
to monitor their catch and stop fishing when target and PSC allocations
are reached. For catcher vessels, target species would be required to
be retained and delivered to a shore based processor where they can be
weighed and accounted for on a trip by trip basis. Information on these
species would be available within 2-3 days of delivery. However,
halibut would be required to be returned to the sea with minimal
injury, and, as mentioned above, catch accounting would be based on
expanded observer samples. Observer data from vessels is faxed to NMFS,
keypunched by NMFS staff, and typically made available within a few
days of receipt. However, observers are often not able to fax their
data from the current trip. Rather, NMFS staff typically receive data
from the previous trip. Altogether, delays with faxing data could
result in up to two weeks delay in making data available to rockfish
cooperative and NMFS managers. When seasonal catch amounts near
allocation limits, this could delay vessels' departures until halibut
PSC data become available.
While fishing under the Program would slow as a result of
rationalization, these delays could result in increased costs to
vessels due to additional time spent in port. Additionally, NMFS in-
season managers may choose not to open directed sideboard fisheries if
data are not received in enough time to make timely closure decisions
and there is a risk of overfishing. This would reduce the potential
revenue of participating vessels and processors.
Data entered electronically by observers also result in significant
improvements to overall data quality. Custom software provided by NMFS
has several built-in data checking functions that will not allow some
erroneous information to be entered, and automatically checks for
likely keypunch errors. Additionally, NMFS staff that identify data
errors may be able to resolve these errors quickly by working with the
observer. This could result in improved management decisions by
rockfish cooperatives and NMFS managers. The computer hardware and
software requirements are specified in the regulatory text at Sec.
679.28.
Alternatives to requiring computers on catcher vessels
participating in the Program include allowing vessel observers to enter
and send data on a shoreside computer and requiring observer providers
to purchase computers to be deployed with the observer. NMFS considered
and rejected these alternatives for the following reasons. First,
allowing observers to enter data on a shoreside computer could result
in significant departure delays for the vessel. An observer would have
to arrange a time when other vessel observers, or the plant observer,
were not using the computer. Then they would have to enter and send
their data. The time needed to complete these activities could take
longer than the offload of catch and delay departure of the vessel.
Second, because of the service delivery model used to procure
observers, there are logistical concerns if observer providers were
required to provide computers for observers.
Table 12 summarizes the observer requirements for the various
components of the Program. Unless noted, the Program would not affect
existing observer coverage that may apply to a vessel or processor when
they are engaged in non-Program fisheries.
Table 12.--Observer Requirements in the Program
----------------------------------------------------------------------------------------------------------------
Component Requirement When applicable
----------------------------------------------------------------------------------------------------------------
A catcher/processor fishing in a Must have aboard at least two NMFS- This coverage requirement would
rockfish cooperative. certified observers for each day begin on May 1 for all vessels
that the vessel is used to harvest, harvesting CFQ for a rockfish
process, or take deliveries from a cooperative and end on November 15,
catcher vessel under a CFQ permit. or upon the approval of a
At least one of these observers declaration to terminate fishing by
must be endorsed as a lead level 2 the rockfish cooperative.
observer. More than two observers
are required if observer workload
restrictions would preclude
adequate sampling.
A catcher/processor fishing in a Must have aboard at least two NMFS- This coverage requirement would
limited access fishery. certified observers for each day begin on July 1 for all vessels
that the vessel is used to harvest, participating in a limited access
process, or take deliveries from a fishery and end on November 15, or
catcher vessel in the limited when the limited access fishery for
access fishery. At least one of all primary rockfish species is
these observers must be endorsed as closed by NMFS.
a lead level 2 observer. More than
two observers are required if
observer workload restrictions
would preclude adequate sampling.
A catcher/processor fishing in the Must have aboard at least two NMFS- This coverage requirement would
West Yakutat District, Central GOA, certified observers for each day begin on July 1 for all vessels
or Western GOA during the month of that the vessel is used to harvest, participating in groundfish
July. process, or take deliveries from a fisheries except fixed gear
catcher vessel. At least one of sablefish in the West Yakutat
these observers must be endorsed as District, Central GOA, and Western
a lead level 2 observer. More than GOA and end on July 31.
two observers are required if
observer workload restrictions
would preclude adequate sampling.
A catcher vessel fishing in a Must have a NMFS-certified observer This coverage requirement would
rockfish cooperative. aboard at all times the vessel is begin on May 1 for all vessels
used to harvest fish under a CFQ harvesting CFQ for a rockfish
permit. The vessel must provide a cooperative and end on November 15,
computer for use by the observer or upon the approval of a
for electronic data entry. declaration to terminate fishing by
the rockfish cooperative.
[[Page 33068]]
A catcher vessel fishing in a Must have a NMFS-certified observer This coverage requirement would
limited access fishery. aboard at all times the vessel is begin on July 1 for all vessels
used to harvest fish in a limited participating in a limited access
access fishery. The vessel must fishery and end on November 15, or
provide a computer for use by the when the limited access fishery for
observer for electronic data entry. all primary rockfish species is
closed by NMFS.
A catcher vessel fishing in the West Must have a NMFS-certified observer This coverage requirement would
Yakutat District, Central GOA, or aboard at all times the vessel is begin on July 1 for all vessels
Western GOA during the month of used to harvest fish. The vessel participating in groundfish
July. must provide a computer for use by fisheries except fixed gear
the observer for electronic data sablefish in the West Yakutat
entry. District, Central GOA, and Western
GOA, and end on July 31.
A shoreside or stationary floating Must provide a NMFS-certified observer for each consecutive 12-hour period
processor. each day it receives deliveries from catcher vessels fishing in a
rockfish cooperative, limited access fishery, or entry level fishery.
----------------------------------------------------------------------------------------------------------------
Catch monitoring and control plan (CMCP). The owner and manager of
a shoreside or stationary floating processor would have to ensure that
the facility is operating under an approved CMCP whenever receiving
fish allocated to the Program. An acceptable CMCP describes how
landings can be monitored effectively by a single observer, how scales
will be tested and used, and ensures that adequate facilities are made
available for observers (see Sec. 679.28(g) in the regulatory text for
more details). The CMCP requirements apply to the AFA, and the Program
would not modify these requirements but merely extends their
applicability to processing facilities participating in this Program.
Special catch handling requirements for catcher/processors. NMFS
recognizes that there would be a strong incentive for Program
participants to under-report the amount of halibut caught as bycatch.
Halibut PSC may not be retained by the vessel and thus has no economic
value. However, it is quite possible that the lack of sufficient
halibut PSC could limit the amount of primary rockfish species
harvested by Program participants and under reported halibut PSC could
potentially allow the under reporting vessel or rockfish cooperative to
harvest a larger amount of target species. This is particularly true
for vessels in rockfish cooperatives because this Program would
allocate a share of available halibut PSC to rockfish cooperatives as
CFQ. Lack of sufficient halibut PSC CFQ could limit the ability of
rockfish cooperatives to fully harvest their CFQ for primary rockfish
species and secondary species.
Both catcher vessels and catcher/processor vessels would be
monitored to ensure proper compliance with all reporting requirements.
However, the opportunity to under-report halibut PSC would be greater
on catcher/processor vessels than catcher vessels due to the placement
of observer sampling stations and construction of the vessels. These
factors reduce the ability for observers to adequately monitor the
passage of fish, particularly halibut PSC, from the net through the
processing facilities. In order to ensure proper catch accounting on
catcher/processors, NMFS has developed a set of special catch handling
requirements for catcher/processors. In brief, these special catch
handling requirements would:
1. Prohibit a vessel from having fish remain on deck outside of the
codend;
2. Prohibit the use of multiple lines for conveying the fish
between the bins and the area where unsorted catch is sampled by the
observer; and
3. Require observation and monitoring of all crew activities within
any bin or tank prior to the observer sampling unsorted catch.
Catcher/processors may facilitate observation and monitoring of
crew activities within a bin or tank by one of three options:
1. Prohibit crew members from entering bins unless the observer is
able to monitor all crew activities within the bin;
2. Install viewing ports in the bins; or
3. Install video monitoring system in the bins.
Each vessel participating in a Program fishery must choose one of
these options.
Vessel operators which choose the first option must ensure that
crew members do not enter a bin when fish are moving out of the bin,
unless the observer has been given a chance to observe the activities
of the crew inside the bin. Based on conversations with vessel owners
and operators in this sector, a crew member may be required to be
inside the bin to facilitate the movement of fish from the bin. Crew
members would be allowed inside bins if the flow of fish has been
stopped between the tank and the location where the observer collects
unsorted catch, all catch has been cleared from all locations between
the tank and the location where the observer collects unsorted catch,
and the observer has been given notice that the vessel crew must enter
the tank. When informed by an observer that all sampling has been
completed for a given haul, crew would be able to enter a tank
containing fish from that haul without stopping the flow of fish or
clearing catch between the tank and the observer sampling station.
Vessel operators may be able to use water to facilitate the movement of
fish in some fisheries. However, industry has indicated that water may
degrade the quality of fish, which could decrease the value of these
fish. Therefore, options were developed to allow a person to see inside
the bin while fish are exiting the bin, and ensure that presorting
activities are not occurring.
Vessels that choose the second option would be required to provide
a viewing window into the bin. The observer must be able to see all
actions of the crew member inside the bin from the same position they
are conducting their normal sampling duties. For example, while the
observer is sorting catch at the observer sample station table, crew
member activities inside the bin must be viewable by the observer
through the window from the sample station table. This option would be
acceptable for vessels that may not need a crew member in the bin
frequently or have uniformly shaped bins and an observer sampling
station in close proximity to the bin area.
Vessels which choose the third option would be required to develop
and install a digital video monitoring system. The system would include
a sufficient number of cameras to view all activities of anyone inside
the bin. Video cameras would be required to record images in color and
in low light
[[Page 33069]]
conditions. To ensure that an observer can monitor crew member
activities in the bin while sampling, a color monitor would be required
to be located in the observer sampling station. An observer would be
given the opportunity to review any video data at any time during a
trip. Each video system would be required to provide enough storage
capacity to store all video data for an entire trip. Because NMFS may
not be aware of potential presorting violations until after an observer
disembarks the vessel and is debriefed, the vessel must retain all data
for a minimum of 120 days from the beginning of each trip unless
notified by NMFS that the data may be removed. Specific requirements
for cameras, resolution, recording formats, and other technical
information is detailed in the regulatory text under Sec. 679.84(a)
through (e).
If at any time during a trip, the viewing port or video options do
not allow an observer to monitor crew activities within the fish bin or
do not meet the required specifications, the vessel must revert to the
first option and prohibit crew from entering the bin. The use of any of
these three options would be approved by NMFS during the vessel's
annual observer sampling station inspection as described at Sec.
679.28(d).
Vessel Monitoring System (VMS). As is required for many other
rationalization programs in the North Pacific, most vessels
participating in the Program would be required to install, maintain,
and operate an electronic VMS while fishing. A VMS allows NMFS to track
a vessel's location, providing useful enforcement information and
safety benefits by providing additional information during search and
rescue operations. Currently, a VMS is required for any vessel with a
Federal fisheries permit endorsed for Pacific cod, pollock, or Atka
mackerel that is operating in any reporting area off Alaska when the
fishery for which the vessel is endorsed is open. VMS is also required
for vessels operating in the AFA and BSAI Crab Rationalization Program.
The Program would extend existing VMS coverage to any vessel with a
Federal fisheries permit endorsed for a Program fishery and would
require that those vessels have a transmitting VMS on board at all
times when operating off Alaska when the Program fishery for which they
are endorsed is open. Non-trawl vessels participating only in the entry
level fixed-gear fishery would be exempted from the new VMS
requirements but would still be required to use a VMS if endorsed for
other species/gear combinations for which VMS is required. The existing
VMS requirements are detailed in Sec. 679.28(f).
The Program would require that all vessels operating in a rockfish
cooperative, limited access fishery, opt-out fishery, or trawl gear
entry level fishery use a VMS. The EA/RIR/IRFA prepared for this action
(see ADDRESSES) indicated that all of the vessels that have legal
landings in the Central GOA rockfish fishery are currently required to
use a VMS. Some of the trawl vessels that choose to participate in the
entry level fishery may not already be covered under existing VMS
requirements for directed fishing in the Atka mackerel, Pacific cod, or
pollock fisheries. If vessels participated in the entry level fishery,
a VMS would be required. A VMS would not be required for vessels
fishing in the fixed gear portion of the entry level fishery. The EA/
RIR/IRFA prepared for the Program indicates that there is likely to be
relatively little participation by fixed gear vessels in the entry
level fishery. The Council recommended and the Program would exempt
fixed gear entry level vessels from the VMS requirements that apply to
other vessels.
Changes in recordkeeping and reporting. The Program would require
some modification of existing recordkeeping and reporting (R&R)
requirements in Sec. 679.5. In addition to the R&R requirements
already described to apply for and participate in the Program, R&R
requirements would be revised to require Program participants use the
Shoreside Processor Electronic Logbook Report (SPELR) to report data.
The SPELR is software used by shoreside processors and stationary
floating processors (SFPs) to electronically report groundfish data to
NMFS.
As groundfish, rockfish are recorded and reported through existing
R&R systems described in the regulations under Sec. 679.4. Operators
of catcher/processors and managers of shoreside processors or SFPs that
are permitted as rockfish cooperatives would be required to submit a
rockfish cooperative catch report detailing each cooperative's delivery
of fish. Operators of catcher/processors and managers of shoreside
processors or SFPs that are permitted as rockfish cooperatives would be
required to submit a rockfish cooperative annual report detailing the
use of the cooperative's CFQ.
Integration With BSAI Crab Rationalization and AFA Sideboards
This Program would implement limits or allocations for numerous
fisheries in the GOA, but is not otherwise intended to affect
management of existing sideboard limits that exist in other fisheries.
The management of allocations under this Program would be integrated
with existing limitations in other rationalized fisheries. Under the
AFA, the inshore sector is limited to their historic harvests in the
GOA. This would continue to be the case under this Program. Vessels
subject to AFA sideboards in the GOA would be exempt from the sideboard
provisions applied under the Program, but the Program would not exempt
AFA vessels from AFA sideboards. Similarly, vessels and LLP licenses
that are subject to sideboard provisions in the BSAI Crab
Rationalization Program would continue to be subject to the sideboards
implemented under that program. This proposed action would not modify
the regulations that apply to sideboards in the AFA or the BSAI Crab
Rationalization Program.
Classification
At this time, NMFS has not determined that Amendment 68 and the
provisions in this rule that would implement Amendment 68 are
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws. NMFS, in making the determination that this
proposed rule is consistent, will take into account the data, views,
and comments received during the comment period (see DATES).
Environmental Assessment
The Council prepared an environmental assessment for Amendment 68
that discusses the impact on the environment as a result of this rule.
A copy of the environmental assessment is available from NMFS (see
ADDRESSES). The Council considered an extensive and elaborate series of
alternatives, options, and suboptions as it designed and evaluated the
potential for rationalization of the Central GOA rockfish fisheries,
including the ``no action'' alternative. The RIR presents the complete
set of alternatives, in various combinations with the complex suite of
options. The EA presents three alternative programs for management of
the Central GOA rockfish fisheries for catcher vessels: Status Quo/No
Action (Alternative 1); rockfish cooperative management with a limited
license program for processors (Alternative 2); and rockfish
cooperative management with linkages between rockfish cooperatives and
processors (Alternative 3). Three alternatives for catcher/processors
also were considered: Status Quo/No Action (Alternative 1); rockfish
cooperative management (Alternative 2); and a sector allocation
(Alternative 3).
[[Page 33070]]
Alternative 3 for catcher vessels and Alternative 2 for catcher/
processors were combined to form the Council's preferred alternative--
the rockfish cooperative alternative. These alternatives constitute the
suite of ``significant alternatives,'' under the proposed action, for
purposes of the Regulatory Flexibility Act (RFA). Each is addressed
briefly below. Please refer to the EA and its appendices for more
detail. The following is a summary of the contents of those more
extensive analyses, specifically focusing on the aspects which pertain
to small entities.
Under the status quo, the Central GOA rockfish fisheries have
followed the well known pattern associated with managed open access.
Central GOA rockfish fisheries have been characterized by a ``race-for-
fish'' capital stuffing behavior, excessive risk taking, and a
dissipation of potential rents. Participants in these fisheries are
confronted by significant surplus capacity (in both the harvesting and
processing sectors), and widespread economic instability, all
contributing to resource conservation and management difficulties.
In response to desires to improve economic, social, and structural
conditions in many of the rockfish fisheries, the Council found that
the status quo management structure was causing significant adverse
impacts to the participants in these fisheries. As indicated in the
IRFA, many small entities, as defined under RFA, are negatively
impacted under current open access regulations. The management tools in
the existing FMP (e.g., time/area restriction and LLP licenses) do not
provide managers with the ability to effectively solve these problems,
thereby making Magnuson-Stevens Act goals difficult to achieve and
forcing reevaluation of the existing FMP.
In an effort to alleviate the problems caused by excess capacity
and the race for fish, the Council determined that the institution of
some form of rationalization program was needed to improve fisheries
management in accordance with the Magnuson-Stevens Act.
The rockfish cooperative alternative would allocate annual
harvesting privileges of rockfish and secondary species TAC to
harvester rockfish cooperatives, creating a transferable access
privilege as a share of the TAC, thus removing the ``common property''
attributes of the status quo on qualifying harvesters. The
rationalization of the Central GOA fisheries would likely benefit the
approximately 63 businesses that own harvest vessels and are considered
small entities. In recent years these entities have competed in the
race for fish against larger businesses. The rockfish cooperative
alternative would allow these operators to slow their rate of fishing
and give more attention to efficiency and product quality.
The participants would be permitted to form rockfish cooperatives
that could lease or sell their allocations, and could obtain some
return from their allocations. Differences in efficiency implications
of rationalization by business size cannot be predicted. Some
participants believe that smaller vessels could be more efficient than
larger vessels in a rationalized fishery because a vessel only needs to
be large enough to harvest the cooperative's CFQ. Conversely, under
open access, a vessel has to be large enough to outcompete the other
fishermen and, hence, contributes to the overcapacity problems under
the race for fish.
In addition, the rockfish cooperative alternative holds promise by
providing efficiency gains to both small entity harvesters and the
processors. Data on cost and operating structure within each sector are
unavailable, so a quantitative evaluation of the size and distribution
of these gains accruing to harvesters and processors under this
management regime cannot be provided. Nonetheless, it appears that the
rockfish cooperative alternative offers improvements over the status
quo through the institution of a ``rights-based management'' structure.
The rockfish cooperative alternative also includes provisions for
fishery participants the Council expressly sought to include--
specifically, rockfish processors and the community in which those
processors have historically been active.
The rockfish cooperative alternative appears to minimize negative
economic impacts on small entities to a greater extent than an
alternative that allocates limited processing licenses (Alternative 2
for catcher vessels), or that defines a smaller portion of the TAC for
competition among a fixed number of vessels (Alternative 3 for catcher/
processors).
After an exhaustive public process spanning several years, the
Council concluded that the Program best accomplishes the stated
objectives articulated in the problem statement and applicable
statutes, and minimizes to the extent practicable adverse economic
impacts on the universe of directly regulated small entities.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. The RIR considers all quantitative and
qualitative measures. The Program was chosen based on those measures
that maximize net benefits to affected participants in the Central GOA
rockfish fisheries. Specific aspects of the RIR are discussed under the
heading of the IRFA.
Initial Regulatory Flexibility Analysis (IRFA)
An IRFA was prepared, as required by section 603 of the RFA. The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained in
the preamble. Copies of the EA/RIR/IRFA prepared for this proposed rule
are available from NMFS (see ADDRESSES). A summary of that analysis
follows.
Why action by the agency is being considered and objectives of, and
legal basis for, the proposed rule. The IRFA describes in detail the
reasons why this action is being proposed, describes the objectives and
legal basis for the proposed rule, and discusses both small and non-
small regulated entities to adequately characterize the fishery
participants. Section 802 of the Consolidated Appropriations Act of
2004 and the Magnuson-Stevens Act provide the legal basis for the
proposed rule, namely to achieve the objective of reducing excessive
fishing capacity and ending the race for fish under the current
management strategy for commercial fishing vessels operating in the
Central GOA rockfish fisheries. By ending the race for fish, NMFS
expects the proposed action to increase resource conservation, improve
economic efficiency, and address social concerns.
Number of small entities to which the proposed rule will apply. The
IRFA contains a description and estimate of the number of small
entities to which the proposed rule would apply. The IRFA estimates
that as many as 63 entities, that own approximately 48 catcher vessels
and 15 catcher/processor vessels, would be eligible to receive QS under
the Program. The IRFA estimates that approximately 171 trawl vessels
and 900 non-trawl vessels could participate in the entry level fishery.
The number of vessels that would choose to participate in the entry
level fishery component of the Program is not known; therefore, there
is no estimate of the number of entities in the entry level fishery
that are directly regulated under this Program.
In addition, six entities that process rockfish are estimated to be
eligible rockfish processors and would be
[[Page 33071]]
regulated under this Program. None of these eligible rockfish
processors are estimated to be small entities based on the number of
persons employed by these processors. Additionally, some of these
eligible rockfish processors are estimated to be involved in both the
harvesting and processing of seafood products and exceed the $4.0
million in revenues as a fish harvesting operation. Some processors
that are not eligible rockfish processors may choose to compete for
landings from the entry level fishery and would be regulated by this
Program. Some of these processors may be small entities. The extent of
participation by small entities in the processing segment of the entry
level fishery cannot be predicted.
Of the estimated 63 entities owning vessels eligible for fishing
under the Program (other than the entry-level fishery), 45 are
estimated to be small entities because they generated $4.0 million or
less in gross revenue based on participation in 1996 through 2002. All
15 of the entities owning eligible catcher/processor vessels are non-
small entities as defined by the RFA. No catcher vessel individually
exceeds the small entity threshold of $4.0 million in gross revenues.
At least three catcher vessels are believed to be owned by entities
whose operations exceed the small entity threshold, leaving an
estimated many as 45 small catcher vessel entities that are directly
regulated by this action. The ability to estimate the number of small
entities that operate catcher vessels regulated by this action is
limited due to incomplete information concerning vessel ownership.
It is likely that a substantial portion of the catcher vessel
participants in the entry level fishery will be small entities. Based
on data from NOAA Fisheries, there are approximately 171 LLP licenses
that would be qualified to fish in the Central GOA entry level trawl
fishery, and 900 LLP licenses that would qualify to fish in the entry
level fixed gear fishery. However, it is not possible to determine how
many persons may hold these LLP licenses and chose to participate in
the entry level fishery at the time of application to participate in
the fishery. The number of persons holding LLPs is likely to be less
than the total number of LLP licenses that may be used to participate
in the entry level fishery because a person may hold more than one LLP
license at a time.
Six entities made at least one rockfish landing from 1996 to 2002,
but none appeared to qualify as an eligible rockfish harvester. Five of
these entities are not small entities and one entity qualifies as
``small'' by Small Business Administration (SBA) standards. The non-
small entities owned five catcher/processors. The one small entity owns
a catcher vessel. Entities that do not qualify for the Program either
left the fishery, currently fish under interim LLP licenses, or do not
hold an LLP license. Moreover, the vessels the IRFA considers ``non-
qualified'' could not or would not be allowed to continue fishing under
the current LLP. The impacts to the small entities that would be
prohibited from fishing by the LLP were analyzed in the RIR/IRFA and
Final Regulatory Flexibility Analysis (FRFA) prepared for the LLP.
Therefore, the non-qualified vessels are not considered impacted by the
proposed rule and are not discussed in this IRFA.
For purposes of the RIR, the community of Kodiak, Alaska, could be
directly impacted by the Program. All of the eligible rockfish
processors are located in Kodiak. The specific impacts on Kodiak cannot
be determined until NMFS issues QS and eligible rockfish harvesters
begin fishing under the Program. Other supporting businesses may also
be indirectly affected by this action if it leads to fewer vessels
participating in the fishery. These impacts are analyzed in the RIR
prepared for this action (see ADDRESSES).
Projected reporting, recordkeeping and other compliance
requirements. Implementation of the Program would change the overall
reporting structure and recordkeeping requirements of the participants
in the Central GOA rockfish fisheries. All participants would be
required to provide additional reporting. Each harvester would be
required to track harvests to avoid exceeding his or her allocation. As
in other North Pacific rationalized fisheries, processors would provide
catch recording data to managers to monitor harvest of allocations.
Processors would be required to record deliveries and processing
activities to aid in the Program administration.
NMFS would be required to develop new databases to monitor
harvesting and processing allocations. These changes could require the
development of new reporting systems.
To participate in the Program, persons would be required to
complete application forms, transfer forms, reporting requirements, and
other collections-of-information. These forms are either required under
existing regulations or are required for the administration of the
Program. These forms impose costs on small entities in gathering the
required information and completing the forms. With the exception of
specific equipment tests, which are performed by NMFS employees or
other professionals, basic word processing skills are the only skills
needed for the preparation of these reports or records.
NMFS has estimated the costs of complying with the reporting
requirements based on the burden hours per response, number of
responses per year, and a standard estimate of $25 per burden hour.
Persons would be required to complete most of the forms at the start of
the Program, such as the application to participate in the Program.
Persons would be required to complete some forms every year, such as
the application to fish in a rockfish cooperative, limited access
fishery, or opt-out fishery. Additionally, reporting for purposes of
catch accounting, or transfer of CFQ among rockfish cooperatives would
be completed more frequently.
It would cost participants in the Program an estimated $56 to
complete applications to participate in the Program, $55 for the annual
application to participate in a rockfish cooperative, limited access
fishery, or opt-out, $61 to complete a transfer of CFQ, and $61 to
complete a transfer of rockfish processor eligibility.
NMFS considered multiple alternatives to effectively implement
specific provisions within the Program through regulation. In each
instance, NMFS attempted to impose the least burden on the public,
including the small entities subject to the Program.
The groundfish landing report (internet version and optional fax
version) would be used to debit CFQ. All retained catch must be
weighed, reported, and debited from the appropriate account under which
the catch was harvested. Under recordkeeping and reporting, NMFS
considered the options of a paper based reporting system or an
electronic reporting system. NMFS chose to implement an electronic
reporting system as a more convenient, accurate, and timely method.
Additionally, the proposed electronic reporting system would provide
continuous access to accounts. These provisions would make
recordkeeping and reporting requirements less burdensome on
participants by allowing participants to more efficiently monitor their
accounts and fishing activities. NMFS recognizes that participants in
the current fishery might be more comfortable with the paper based fish
ticket system, but believes that the added benefits of the electronic
reporting system outweigh any benefits of the paper based system.
However, NMFS would also provide an
[[Page 33072]]
optional backup using existing telecommunication and paper based
methods, which would reduce the burden on small entities in more remote
areas possessing less electronic infrastructure.
Under this proposed rule, catcher/processors would be required to
purchase and install motion-compensated scales to weigh all fish at-
sea. Such scales would cost on a one-time basis, approximately $69,000
per vessel. Currently a flow scale costs $60,000, an observer platform
scale $8,500, and test weights $500. Additional costs on a one-time
basis associated with the installation of the scales are estimated to
be between $10,000 and $40,000, depending on the extent to which the
vessel must be reconfigured to install the scale. Scale monitoring
requirements would cost approximately $6,235 per year. Based on
discussions with equipment vendors, NMFS estimates that six catcher/
processors, one of which is a small entity, would choose to fish under
the Program and would be required to have scales.
NMFS would increase observer coverage for Program participants in
most cases. In similar NMFS managed quota fisheries, NMFS requires that
all fishing activity be observed. NMFS must maintain timely and
accurate records of harvests in fisheries with small allocations that
are harvested by a fleet with a potentially high harvest rate.
Additionally, halibut PSC and halibut mortality rates must be
monitored. Such monitoring can only be accomplished through the use of
onboard observers. Although this imposes additional costs, participants
in the fishery can form rockfish cooperatives, which would limit the
number of vessels required to harvest a cooperative's CFQ, and organize
fishing operations to limit the amount of time when additional observer
coverage would be required and offset additional costs. The exact
overall additional observer costs per vessel cannot be predicted
because costs will vary with the specific fishing operations of that
vessel. NMFS estimates that a requirement for increased observer
coverage would cost approximately $400 per day. Additional costs may be
associated with catcher/processors that reconfigure their vessels to
ensure that adequate space is available for the additional observer.
These costs cannot be predicted and will vary from vessel to vessel
depending on specific conditions on that vessel.
For monitoring of processing activity, it would cost shore-based
processors approximately $416 to complete the catch monitoring plan and
an additional $2,800 annually to complete all landing reports.
NMFS determined that a VMS program is essential to the proper
enforcement of the Program. Therefore, all vessels, except for non-
trawl entry level vessels, participating in the Program would be
required to participate in a VMS program. Depending on which brand of
VMS a vessel chooses to purchase, NMFS estimates that this requirement
would impose a cost of $2,000 per vessel for equipment purchase, $780
for installation and maintenance, and $5 per day for data transmission
costs. NMFS does not estimate that any additional vessels would incur
this cost if they choose to participate in the Program. This estimate
is based on information on those vessels that may participate in the
Program which are already subject to VMS requirements under existing
regulations.
NMFS has determined that special catch handling requirements for
catcher/processors may subject vessel owners and operators to
additional costs depending on the monitoring option chosen. The costs
for providing line of sight for observer monitoring are highly variable
depending on bin modifications the vessel may make, the location of the
observer sample station, and the type of viewing port installed. These
costs cannot be estimated with existing information.
Because NMFS has chosen to implement the video option using
performance standards, the costs for a vessel to implement this option
could be quite variable, depending on the nature of the system chosen.
In most cases, the system would be expected to consist of one digital
video recorder (DVR)/computer system and between two and five cameras.
DVR systems range in price from $1,500 to $10,000, and cameras cost
from $75 to $300 each. Data storage costs will vary depending on the
frame rate, color density, amount of compression, image size, and need
for redundant storage capacity. NMFS estimates data storage will cost
between $400 and $3,000 per vessel.
Installation costs will be a function of where the DVR/computer can
be located in relation to an available power source, cameras, and the
observer sampling station. NMFS estimates that a fairly simple
installation will cost approximately $2,000, a complex installation
will cost approximately $10,000, per vessel. However, these costs could
be considerably lower if the vessel owner chooses to install the
equipment while upgrading other wiring. Thus, total system costs,
including DVR/computer equipment, cameras, data storage, and
installation would be expected to range between $4,050 per vessel for a
very simple inexpensive system with low installation costs, and $24,500
per vessel for a complex, sophisticated system with high installation
costs.
Annual system maintenance costs are difficult to estimate because
much of this technology has not been extensively used at-sea in the
United States. However, we estimate an annual cost of $680 to $4,100
per year based on a hard disk failure rate of 20 percent per year, and
a DVR/computer lifespan of three years.
Federal rules which may duplicate, overlap or conflict with the
proposed rule. No Federal rules that may duplicate, overlap, or
conflict with this proposed action have been identified.
Collection-of-Information
This rule contains collection-of-information requirements subject
to review and approval by OMB under the Paperwork Reduction Act (PRA).
These requirements have been submitted to OMB for approval. Public
reporting burden per response for these requirements are listed by OMB
control number.
OMB Control No. 0648-New (Pending Approval)
Two (2) hours for application to participate in the Program; 2
hours for the application for CFQ; 2 hours for the application for the
limited access fishery; 2 hours for the application for the entry-level
fishery; 2 hours for the application to opt-out; 2 hours for the
application for inter-cooperative transfer; 2 hours for the application
to transfer processor eligibility; 4 hours for annual rockfish
cooperative report; 6 minutes for rockfish cooperative catch report; 4
hours for a letter of appeal, if denied a permit; 15 minutes for a
rockfish cooperative termination of fishing declaration; and 15 minutes
for modification of the application for CFQ for vessels authorized to
fish CFQ.
OMB Control No. 0648-0515
Fifteen (15) minutes for application for user ID; 35 minutes to
electronically submit landing report and print receipts.
OMB Control No. 0648-0330
Forty (40) hours for complying with special catch handling
requirements for catcher/processors; 40 hours for catch monitoring and
control plan (CMCP).
This rule contains collection-of-information requirements subject
to the PRA and which have been approved by
[[Page 33073]]
OMB. Public reporting burden per response for these requirements are
listed by OMB control number.
OMB Control No. 0648-0213
Fourteen (14) minutes for Vessel Activity Report; 20 minutes for
product transfer report; 28 minutes for catcher vessel longline and pot
gear daily fishing logbook; and 41 minutes for catcher/processor
longline and pot gear daily cumulative production logbook.
OMB Control No. 0648-0445
Twelve (12) minutes for VMS check-in form; 6 hours for VMS
installation; 4 hours for VMS annual maintenance; and 6 seconds for
each VMS transmission.
Response times include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Public comment is sought regarding whether this proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing the burden to NMFS (see ADDRESSES), and by e-
mail to David_Rostker@omb.eop.gov, or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: May 23, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 is revised to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.;
and Pub. L. 108-199, 118 Stat. 110.
2. In Sec. 679.2, add the definitions of ``Cooperative fishing
quota (CFQ)'', ``Eligible rockfish harvester'', ``Eligible rockfish
processor'', ``Eligible rockfish entry level harvester'', ``Eligible
rockfish entry level processor'', ``Halibut PSC sideboard limit'',
``Initial rockfish QS pool'', ``Legal rockfish landing for purposes of
qualifying for the Rockfish Program'', ``Non-allocated secondary
species'', ``Official Rockfish Program record'', ``Opt-out fishery'',
``Primary rockfish species'', ``Rockfish cooperative'', ``Rockfish
entry level fishery'', ``Rockfish halibut PSC'', ``Rockfish limited
access fishery'', ``Rockfish Program'', ``Rockfish Program fisheries'',
``Rockfish Program species'', ``Rockfish Quota Share (QS)'', ``Rockfish
QS pool'', ``Rockfish QS unit'', ``Rockfish sideboard fisheries'',
``Secondary species'', ``Sector for purposes of the Rockfish Program'',
``Sideboard limit for purposes of the Rockfish Program'', ``Sideboard
ratio for purposes of the Rockfish Program'', and ``Ten percent or
greater direct or indirect ownership interest for purposes of the
Rockfish Program'' in alphabetical order to read as follows:
Sec. 679.2. Definitions.
* * * * *
Cooperative fishing quota (CFQ) means: (1) The annual catch limit
of a primary rockfish species or secondary species that may be
harvested by a rockfish cooperative that may lawfully harvest an amount
of the TAC for a primary rockfish species or secondary species while
participating in the Rockfish Program;
(2) The amount of annual halibut PSC that may be used by a rockfish
cooperative in the Central GOA while participating in the Rockfish
Program (see rockfish halibut PSC in this section).
* * * * *
Eligible rockfish entry level harvester means a person who is
permitted by NMFS to harvest fish in the rockfish entry level fishery.
Eligible rockfish entry level processor means a person who is
permitted by NMFS to receive and process fish harvested under the
rockfish entry level fishery.
Eligible rockfish harvester means a person who is permitted by NMFS
to hold rockfish QS.
Eligible rockfish processor means a person who is permitted by NMFS
to receive and process primary rockfish species and secondary rockfish
species harvested by a rockfish cooperative or in a rockfish limited
access fishery.
* * * * *
Halibut PSC sideboard limit means the maximum amount of halibut PSC
that may be used from July 1 through July 31 by eligible rockfish
harvesters or rockfish cooperatives in the West Yakutat District,
Central GOA, and Western GOA as established under Sec. 679.82(d), as
applicable.
* * * * *
Initial rockfish QS pool means the sum of rockfish QS units
established for a Rockfish Program fishery based on the official
Rockfish Program record and used for the initial allocation of rockfish
QS units and use cap calculations as described in Sec. 679.82(a).
* * * * *
Legal rockfish landing for purposes of qualifying for the Rockfish
Program means groundfish caught and retained in compliance with state
and Federal regulations in effect at that time unless harvested and
then processed as meal, and
(1) For catcher vessels: (i) The harvest of groundfish from the
Central GOA regulatory area that is offloaded and recorded on a State
of Alaska fish ticket during the directed fishing season for that
Primary rockfish fishery as established in Table 28 to this part; and
(ii) An amount of halibut PSC attributed to that sector during the
directed fishing season for the primary rockfish fisheries as
established in Table 28 to this part.
(2) For catcher/processors: (i) The harvest of groundfish from the
Central GOA regulatory area that is recorded on a Weekly Production
Report based on harvests during the directed fishing season for that
Primary rockfish fishery as established in Table 28 to this part; and
(ii) An amount of halibut PSC attributed that sector during the
directed fishing season for the Primary rockfish fisheries as
established in Table 28 to this part.
* * * * *
Non-allocated secondary species (see Rockfish Program species in
this section).
* * * * *
Official Rockfish Program record means information used by NMFS
necessary to determine eligibility to participate in the Rockfish
Program and
[[Page 33074]]
assign specific harvest or processing privileges to Rockfish Program
participants.
* * * * *
Opt-out fishery means the fishery conducted by persons who are
eligible rockfish harvesters holding an LLP license endorsed for
catcher/processor activity and who are not participating in a rockfish
cooperative or the rockfish limited access fishery in the catcher/
processor sector.
* * * * *
Primary rockfish species (see Rockfish Program species in this
section).
* * * * *
Rockfish cooperative means a group of eligible rockfish harvesters
who have chosen to form a rockfish cooperative under the requirements
of Sec. 679.81(i) in order to combine and harvest fish collectively
under a CFQ permit issued by NMFS.
Rockfish entry level fishery means the fishery conducted under the
Rockfish Program by eligible rockfish entry level harvesters and
eligible rockfish entry level processors.
Rockfish halibut PSC means the amount of halibut PSC that may be
used by a rockfish cooperative in the Central GOA as assigned on a CFQ
permit.
Rockfish limited access fishery means the fishery conducted by
persons who are eligible rockfish harvesters or eligible rockfish
processors and who are not participating in a rockfish cooperative or
opt-out fishery for that applicable sector.
Rockfish Program means the Program authorized under the authority
of Section 802 of the Consolidated Appropriations Act of 2004 (Pub. L.
108-199) and implemented under subpart G of this part to manage
Rockfish Program fisheries.
Rockfish Program fisheries means those directed fisheries that
catch primary rockfish species, secondary species, rockfish halibut
PSC, and rockfish sideboard fisheries.
Rockfish Program species means the following species in the Central
GOA regulatory area that are managed under the authority of the
Rockfish Program:
(1) Primary rockfish species means northern rockfish, Pacific ocean
perch, and pelagic shelf rockfish.
(2) Secondary species means the following species:
(i) Sablefish not allocated to the IFQ Program;
(ii) Thornyhead rockfish;
(iii) Pacific cod for the catcher vessel sector;
(iv) Rougheye rockfish for the catcher/processor sector; and
(v) Shortraker rockfish for the catcher/processor sector.
(3) Non-allocated secondary species means the following species:
(i) Atka mackerel, arrowtooth flounder, deep water flatfish,
flathead sole, ``other species,'' pollock, rex sole, and shallow water
flatfish;
(ii) Pacific cod for the catcher/processor sector; and
(iii) Rougheye rockfish and shortraker rockfish for the catcher
vessel sector.
Rockfish Quota Share (QS) means a permit the amount of which is
based on legal rockfish landings for purposes of qualifying for the
Rockfish Program that are assigned to an LLP license.
Rockfish QS pool means the sum of rockfish QS units established for
a Rockfish Program fishery based on the official Rockfish Program
record.
Rockfish QS unit means a measure of QS based on the legal rockfish
landings.
Rockfish sideboard fisheries means fisheries that are assigned a
sideboard limit that may be harvested by participants in the Rockfish
Program.
* * * * *
Secondary species (see Rockfish Program species in this section).
Sector for purposes of the Rockfish Program means: (1) Catcher/
processor sector means those eligible rockfish harvesters who hold an
LLP license with a catcher/processor designation and who are eligible
to receive rockfish QS that may result in CFQ that may be harvested and
processed at sea.
(2) Catcher vessel sector means those eligible rockfish harvesters
who hold an LLP license who are eligible to receive rockfish QS that
may result in CFQ that may not be harvested and processed at sea.
* * * * *
Sideboard limit for purposes of the Rockfish Program means: (1) The
maximum amount of northern rockfish, Pacific ocean perch, and pelagic
shelf rockfish that may be harvested by all vessels in all areas as
specified under Sec. 679.82(d) through (h), as applicable;
(2) The maximum amount of Pacific cod that may be harvested by all
vessels in all areas as specified under Sec. 679.82(d) through (h), as
applicable; or
(3) The maximum amount of halibut PSC that may be used by all
vessels in all areas as specified under Sec. 679.82(d) through (h), as
applicable.
Sideboard ratio for purposes of the Rockfish Program means a
portion of a sideboard limit for a groundfish fishery that is assigned
to the catcher vessel sector or catcher/processor sector based on the
catch history of vessels in that sector.
* * * * *
Ten percent or greater direct or indirect ownership interest for
purposes of the Rockfish Program means a relationship between two or
more entities in which one directly or indirectly owns or controls a 10
percent or greater interest in, or otherwise controls, another entity;
or a third entity which directly or indirectly owns or controls a 10
percent or greater interest in both. For the purpose of this
definition, the following terms are further defined:
(1) Entity. An entity may be a person, association, partnership,
joint-stock company, trust, or any other type of legal entity; any
receiver, trustee in bankruptcy or similar official or liquidating
agent; or any organized group of persons whether incorporated or not.
(2) Indirect interest. An indirect interest is one that passes
through one or more intermediate entities. An entity's percentage of
indirect interest in a second entity is equal to the entity's
percentage of direct interest in an intermediate entity multiplied by
the intermediate entity's direct or indirect interest in the second
entity.
(3) Controls a 10 percent or greater interest. An entity controls a
10 percent or greater interest in a second entity if the first entity:
(i) Controls a 10 percent ownership share of the second entity; or
(ii) Controls 10 percent or more of the voting or controlling stock
of the second entity.
(4) Otherwise controls. An entity otherwise controls another
entity, if it has:
(i) The right to direct, or does direct, the business of the other
entity;
(ii) The right in the ordinary course of business to limit the
actions of, or replace, or does limit or replace, the chief executive
officer, a majority of the board of directors, any general partner, or
any person serving in a management capacity of the entity;
(iii) The right to direct, or does direct, the rockfish fishery
processing activities of that entity;
(iv) The right to restrict, or does restrict, the day-to-day
business activities and management policies of the entity through loan
covenants;
(v) The right to derive, or does derive, either directly, or
through a minority shareholder or partner, and in favor of the entity,
a significantly disproportionate amount of the economic benefit from
the processing of fish by that entity;
(vi) The right to control, or does control, the management of, or
to be a controlling factor in, the entity;
(vii) The right to cause, or does cause, the purchase or sale of
fish processed by that entity;
[[Page 33075]]
(viii) Absorbs all of the costs and normal business risks
associated with ownership and operation of the entity; or
(ix) Has the ability through any other means whatsoever to control
the entity.
* * * * *
3. In Sec. 679.4, paragraphs (a)(1)(xii), (b)(10), (k)(11), and
(n) are added to read as follows:
Sec. 679.4 Permits.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Permit is in effect For more
If program permit or card type from issue date information,
is: through end of: see . . .
------------------------------------------------------------------------
* * * * * * *
(xii) Rockfish Program
(A) CFQ....................... Specified fishing year Sec.
679.81(e)(4).
(B) Rockfish Entry Level Specified fishing year Sec.
Fishery. 679.81(e)(7).
(C) Opt-out Fishery........... Specified fishing year Sec.
679.81(e)(6).
(D) Rockfish Limited Access Specified fishing year Sec.
Fishery. 679.81(e)(5).
------------------------------------------------------------------------
* * * * *
(b) * * *
(10) NMFS will reissue a Federal fisheries permit to any person who
holds a Federal fisheries permit issued to a vessel if that vessel was
used to make any legal rockfish landings and is subject to a sideboard
limit as described under Sec. 679.82(d) through (h).
* * * * *
(k) * * *
(11) Rockfish QS--(i) General. In addition to other requirements of
this part, a license holder must have rockfish QS on his or her
groundfish LLP license to conduct directed fishing for Rockfish Program
fisheries with trawl gear.
(ii) Eligibility requirements for rockfish QS. The eligibility
requirements to receive rockfish QS are established in Sec. 679.80(b).
* * * * *
(n) Rockfish Program--(1) Cooperative fishing quota (CFQ). (i) A
CFQ permit is issued annually to a rockfish cooperative if the members
of that rockfish cooperative have submitted a complete and timely
application for CFQ as described at Sec. 679.81(e)(4) that is
subsequently approved by the Regional Administrator. A CFQ permit
authorizes a rockfish cooperative to participate in the Rockfish
Program. The CFQ permit will indicate the amount of primary rockfish
species or secondary species that may be harvested by the rockfish
cooperative, and the amount of rockfish halibut PSC that may be used by
the rockfish cooperative. The CFQ permit will list the members of the
rockfish cooperative, the vessels that are authorized to fish under the
CFQ permit for that rockfish cooperative, and the eligible rockfish
processor with whom that rockfish cooperative is associated, if
applicable.
(ii) A CFQ permit is valid under the following circumstances:
(A) Until the end of the year for which the CFQ permit is issued;
(B) Until the amount harvested is equal to the amount specified on
the CFQ permit for a specific primary rockfish species or secondary
species;
(C) Until the amount of halibut PSC used is equal to the amount of
rockfish halibut PSC specified on the CFQ permit;
(D) Until the permit is modified by transfers under Sec.
679.81(f);
(E) Until the permit is amended to add or remove vessels authorized
to fish the CFQ for that rockfish cooperative;
(F) Until the permit is revoked through an approved rockfish
cooperative termination of fishing declaration; or
(G) Until the permit is revoked, suspended, or modified pursuant to
Sec. 679.43 or under 15 CFR part 904.
(iii) A legible copy of the CFQ permit must be carried on board the
vessel(s) used by the rockfish cooperative.
(2) Rockfish cooperative termination of fishing declaration. (i) A
rockfish cooperative may choose to extinguish its CFQ permit through a
declaration submitted to NMFS.
(ii) This declaration may only be submitted to NMFS using the
following methods:
(A) Fax: 907-586-7354; or
(B) Hand Delivery or Carrier. NMFS, Room 713, 709 4th Street,
Juneau, AK 99801.
(iii) A Rockfish cooperative termination of fishing declaration
must include the following information:
(A) CFQ permit number;
(B) The date the declaration is submitted; and
(C) The rockfish cooperative's legal name, the permanent business
address, telephone number, fax number, and e-mail address (if
available) of the rockfish cooperative or its authorized
representative, and the printed name and signature of the authorized
representative of the rockfish cooperative.
(iv) NMFS will review the declaration and notify the rockfish
cooperative's authorized representative once the declaration has been
approved.
(v) Upon approval of a declaration, the CFQ for all primary
rockfish species, secondary species, and rockfish halibut PSC assigned
to that rockfish cooperative will be set to zero and that rockfish
cooperative may not receive any CFQ for any primary rockfish species,
secondary species, and rockfish halibut PSC by transfer for that
calendar year.
(3) Eligible rockfish processor. (i) The Regional Administrator
will issue an eligible rockfish processor permit to persons who have
submitted a complete application described at Sec. 679.81(d), that is
subsequently approved by the Regional Administrator. An eligible
rockfish processor permit authorizes a shoreside processor or
stationary floating processor to receive fish harvested under the
Rockfish Program, except for fish harvested under the rockfish entry
level fishery.
(ii) A permit is valid under the following circumstances:
(A) Until the permit is modified by transfers under Sec.
679.81(f); or
(B) Until the permit is revoked, suspended, or modified pursuant to
Sec. 679.43 or 15 CFR part 904.
(iii) A legible copy of the eligible rockfish processor permit must
be available at the facility at which Rockfish Program fish are
received.
4. Section 679.5 is amended by:
A. Removing and reserving paragraph (a)(4).
B. Redesignating paragraphs (e)(3) through (e)(7) as paragraphs
(e)(4) through (e)(8), respectively.
C. Adding paragraphs (e)(3) and (r).
D. Revising the introductory text of paragraph (e) and paragraphs
(e)(1) and (e)(2).
[[Page 33076]]
E. In newly redesignated paragraph (e)(4), remove the phrase
``paragraphs (e)(1) and (2)'' and add in its place the phrase
``paragraphs (e)(1), (e)(2), and (e)(3)''.
F. In newly redesignated paragraph (e)(5)(ii), remove the phrase
``paragraph (e)(6)'' and add in its place the phrase ``paragraph
(e)(7)''.
G. In newly redesignated paragraph (e)(5)(iii), remove the phrase
``paragraph (e)(4)(iv)'' and add in its place the phrase ``paragraph
(e)(5)(iv)''.
H. In newly redesignated paragraph (e)(5)(iii), remove the phrase
``paragraph (e)(4)(iv)'' and add in its place the phrase ``paragraph
(e)(5)(iv)''.
The additions and revisions read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(e) Shoreside processor electronic logbook report (SPELR). The
owner or manager of a shoreside processor or stationary floating
processor:
(1) That receives groundfish from AFA catcher vessels or receives
pollock harvested in a directed pollock fishery from catcher vessels:
(i) Must use SPELR or NMFS-approved software to report every
delivery of harvest made during the fishing year, including but not
limited to groundfish from AFA catcher vessels and pollock from a
directed pollock fishery participant; and
(ii) Must maintain the SPELR and printed reports as described in
paragraphs (e) and (f) of this section.
(2) That receives groundfish from catcher vessels that are
permitted as harvesters in the Rockfish Program:
(i) Must use SPELR or NMFS-approved software to report every
delivery of harvests made during the fishing year, including but not
limited to groundfish from catcher vessels permitted as harvesters in
the Rockfish Program; and
(ii) Must maintain the SPELR and printed reports as described in
paragraphs (e) and (f) of this section.
(3) Receives groundfish and that is not required to use SPELR under
paragraph (e)(1) or (e)(2) of this section:
(i) May use, upon approval by the Regional Administrator, SPELR or
NMFS-approved software in lieu of the shoreside processor DCPL and
shoreside processor WPR.
(ii) If using SPELR, must maintain the SPELR and printed reports as
described in paragraphs (e) and (f) of this section.
* * * * *
(r) Rockfish Program--(1) General. The owners and operators of
catcher vessels, catcher/processors, shoreside processors, and
stationary floating processors permitted as participants in the
Rockfish Program must comply with the applicable recordkeeping and
reporting requirements of this section and must assign all catch to a
rockfish cooperative, rockfish limited access fishery, sideboard
fishery, opt-out fishery, or rockfish entry level fishery as applicable
at the time of catch or receipt of groundfish. All owners of catcher
vessels, catcher/processors, shoreside processors, and stationary
floating processors permitted as participants in the Rockfish Program
must ensure that their authorized representatives or employees comply
with all applicable recordkeeping and reporting requirements.
(2) Logbook--(i) DFL. Operators of catcher vessels equal to or
greater than 60 ft (18.3 m) LOA participating in a Rockfish Program
fishery must maintain a daily fishing logbook for trawl gear as
described in paragraphs (a) and (c) of this section.
(ii) DCPL. Operators of catcher/processors permitted in the
Rockfish Program must use a daily cumulative production logbook for
trawl gear as described in paragraph (a) of this section to record
Rockfish Program landings and production.
(3) SPELR. Managers of shoreside processors or SFPs that are
permitted as processors in the Rockfish Program must use SPELR or NMFS-
approved software as described in paragraphs (e) and (f) of this
section, instead of a logbook and WPR, to record Rockfish Program
landings and production.
(4) Check-in/check-out report, processors. Operators or managers of
a catcher/processor, mothership, stationary processor, or stationary
floating processor that are permitted as processors in the Rockfish
Program must submit check-in/check-out reports as described in
paragraph (h) of this section.
(5) Weekly production report (WPR). Operators of catcher/processors
that are permitted as processors in the Rockfish Program and that use a
DCPL must submit a WPR as described in paragraph (i) of this section.
(6) Product transfer report (PTR), processors. Operators of
catcher/processors and managers of shoreside processors or SFPs that
are permitted as processors in the Rockfish Program must submit a PTR
as described in paragraph (g) of this section.
(7) Rockfish cooperative catch report--(i) Applicability. Operators
of catcher/processors and managers of shoreside processors or SFPs that
are permitted to receive fish harvested under the Rockfish Program (see
Sec. 679.4(m)) must submit to the Regional Administrator a rockfish
cooperative catch report detailing each cooperative's delivery and
discard of fish, as described in paragraph (r)(7) of this section.
(ii) Time limits and submittal. (A) The rockfish cooperative catch
report must be submitted by one of the following methods:
(1) An electronic data file in a format approved by NMFS mailed to:
Sustainable Fisheries, P.O. Box 21668 Juneau, AK 99802-1668; or
(2) By fax: 907-586-7131.
(B) The rockfish cooperative catch report must be received by the
Regional Administrator by 1200 hours, A.l.t. one week after the date of
completion of delivery.
(iii) Information required. The rockfish cooperative catch report
must contain the following information:
(A) CFQ Permit number;
(B) ADF&G vessel registration number(s) of vessel(s) delivering
catch;
(C) Federal processor permit number of processor receiving catch;
(D) Date delivery completed;
(E) Amount of fish (in lb) delivered, plus weight of at-sea
discards;
(F) ADF&G fish ticket number(s) issued to catcher vessel(s).
(8) Annual rockfish cooperative report--(i) Applicability. A
rockfish cooperative permitted in the Rockfish Program (see Sec.
679.4(m)(1)) annually must submit to the Regional Administrator an
annual rockfish cooperative report detailing the use of the
cooperative's CFQ.
(ii) Time limits and submittal. (A) The annual rockfish cooperative
report must be submitted to the Regional Administrator by an electronic
data file in a NMFS-approved format by fax: 907-586-7557; or by mail to
the Regional Administrator, NMFS Alaska Region, P.O. Box 21668, Juneau,
AK 99802-1668; and
(B) The annual rockfish cooperative report must be received by the
Regional Administrator by December 15th of each year.
(iii) Information required. The annual rockfish cooperative report
must include at a minimum:
(A) The cooperative's CFQ, sideboard limit (if applicable), and any
rockfish sideboard fishery harvests made by the rockfish cooperative
vessels on a vessel-by-vessel basis;
(B) The cooperative's actual retained and discarded catch of CFQ,
and sideboard limit (if applicable) by statistical area and vessel-by-
vessel basis;
(C) A description of the method used by the cooperative to monitor
fisheries
[[Page 33077]]
in which cooperative vessels participated; and
(D) A description of any actions taken by the cooperative in
response to any members that exceeded their catch as allowed under the
rockfish cooperative agreement.
(9) Vessel monitoring system (VMS) requirements (see Sec.
679.28(f))
5. In Sec. 679.7, paragraph (n) is added as follows:
Sec. 679.7 Prohibitions.
* * * * *
(n) Rockfish Program--(1) General. (i) Fail to retain any primary
rockfish species caught by a vessel named on an LLP license that is
assigned to a rockfish cooperative when that vessel is fishing under a
CFQ permit.
(ii) Fail to retain any primary rockfish species caught by a vessel
named on an LLP license that is assigned to a rockfish limited access
fishery, or to a rockfish entry level fishery, when that rockfish
fishery is open.
(iii) Fail to retain any secondary species caught by a vessel named
on an LLP that is assigned to a rockfish cooperative when that vessel
is fishing under a CFQ permit.
(iv) Fail to retain any groundfish caught by a vessel that is
subject to a sideboard limit as described at Sec. 679.82(d) through
(h), as applicable, if directed fishing for that groundfish species in
that area is authorized.
(v) Use an LLP license assigned to a rockfish cooperative, limited
access fishery, or opt-out fishery, or rockfish entry-level fishery in
any other fishery other than the fishery to which that LLP license was
initially assigned for that fishing year.
(2) Vessels operators participating in the Rockfish Program. (i)
Operate a vessel that is named on an LLP license with rockfish QS that
is assigned to a rockfish cooperative and fishing under a CFQ permit
and fail to follow the catch monitoring requirements detailed at Sec.
679.84(c) through (e) from May 1:
(A) Until November 15; or
(B) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(ii) Operate a vessel that is named on an LLP license with rockfish
QS that is assigned to a rockfish limited access fishery and fail to
follow the catch monitoring requirements detailed at Sec. 679.84(c)
through (e) from July 1:
(A) Until November 15; or
(B) Until NMFS closes all directed fishing for all primary rockfish
species for that rockfish limited access fishery for that sector.
(iii) Operate a vessel that is subject to a sideboard limit
detailed at Sec. 679.82(d) through (w), as applicable, and fail to
follow the catch monitoring requirements detailed at Sec. 679.84(c)
through (e) from July 1 until July 31, if that vessel is harvesting
fish in the West Yakutat District, Central GOA, or Western GOA
management areas.
(3) VMS. (i) Operate a vessel that is named on an LLP license with
rockfish QS that is assigned to a rockfish cooperative and fail to use
functioning VMS equipment as described at Sec. 679.28(f) at all times
when operating in a reporting area off Alaska from May 1:
(A) Until November 15; or
(B) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(ii) Operate a vessel that is named on an LLP license with rockfish
QS that is assigned to a rockfish limited access fishery and fail to
use functioning VMS equipment as described at Sec. 679.28(f) at all
times when operating in a reporting area off Alaska from July 1:
(A) Until November 15; or
(B) Until NMFS closes all directed fishing for all primary rockfish
species for that rockfish limited access fishery for that sector.
(iii) Operate a vessel that is subject to a sideboard limit
detailed at Sec. 679.82(d) through (h), as applicable, and fail to use
functioning VMS equipment as described at Sec. 679.28(f) at all times
when operating in a reporting area off Alaska from July 1 until July
31.
(iv) Operate a vessel that is named on an LLP license that is
assigned to the rockfish entry level fishery for trawl gear and fail to
use functioning VMS equipment as described at Sec. 679.28(f) at all
times when operating in a reporting area off Alaska from July 1:
(A) Until November 15; or
(B) Until NMFS closes all directed fishing for all primary rockfish
species for the rockfish entry level fishery for trawl gear.
(4) Catcher/processor vessels participating in the opt-out fishery.
Operate a vessel that is named on an LLP license that is assigned to
the opt-out fishery to directed fish for northern rockfish, Pacific
ocean perch, or pelagic shelf rockfish in the Central GOA.
(5) Shoreside and stationary floating processors eligible for the
Rockfish Program--(i) Catch weighing. Process any groundfish delivered
by a vessel participating in a rockfish cooperative, rockfish limited
access fishery, rockfish entry level fishery, or sideboard fishery not
weighed on a scale approved by the State of Alaska. The scale must meet
the requirements specified in Sec. 679.28(c).
(ii) Catch monitoring and control plan (CMCP). Take deliveries of,
or process, groundfish caught by a vessel in a rockfish cooperative or
the rockfish limited access fishery as detailed under this subpart
without following an approved CMCP as described at Sec. 679.28(g). A
copy of the CMCP must be maintained at the facility and made available
to authorized officers or NMFS-authorized personnel upon request.
(iii) Delivery location limitations. Receive or process outside of
the geographic boundaries of the community that is designated on the
permit issued by NMFS to the eligible rockfish processor any groundfish
caught by a vessel while that vessel is harvesting groundfish under a
CFQ permit or in a rockfish limited access fishery.
(6) Catcher vessels participating in the Rockfish Program and
rockfish entry level fishery. Deliver groundfish harvested by a catcher
vessel fishing under a CFQ permit, in a rockfish limited access
fishery, or in a rockfish entry level fishery to a shoreside or
stationary floating processor that is not operating under an approved
CMCP pursuant to Sec. 679.28(g).
(7) Rockfish cooperatives. (i) Exceed the CFQ permit amount
assigned to that rockfish cooperative for that Rockfish Program
species.
(ii) Exceed the sideboard limit assigned to a rockfish cooperative
in the catcher/processor sector.
(iii) Operate a vessel with an LLP license assigned to a rockfish
cooperative to fish under a CFQ permit unless the operator of that
vessel, or that rockfish cooperative's authorized representative has
notified NMFS that the vessel is fishing under a CFQ permit in the
application for CFQ or by amending that application by notification as
described under Sec. 679.81(e)(8).
(iv) Operate a vessel fishing under the authority of a CFQ permit
and to have any Pacific ocean perch, pelagic shelf rockfish, northern
rockfish, sablefish, thornyhead rockfish, aboard the vessel unless
those fish were harvested under the authority of a CFQ permit.
(v) Operate a vessel fishing under the authority of a CFQ permit in
the catcher vessel sector and to have any Pacific cod aboard the vessel
unless those fish were harvested under the authority of a CFQ permit.
(vi) Operate a vessel fishing under the authority of a CFQ permit
in the catcher/processor sector and to have any
[[Page 33078]]
rougheye rockfish or shortraker rockfish aboard the vessel unless those
fish were harvested under the authority of a CFQ permit.
(8) Use caps. Exceed the use caps that apply under Sec. 679.82(a).
6. In Sec. 679.20, paragraphs (e)(1), (e)(2)(ii), and (f)(2) are
revised to read as follows:
Sec. 679.20 General Limitations.
* * * * *
(e) * * *
(1) Proportion of basis species. The maximum retainable amount of
an incidental catch species is calculated as a proportion of the basis
species retained on board the vessel using the retainable percentages
in Table 10 to this part for the GOA species categories (except the
Rockfish Program fisheries, which are described in Table 30 to this
part for the Rockfish Program fisheries) and in Table 11 to this part
for the BSAI species categories.
(2) * * *
(ii) To obtain these individual retainable amounts, multiply the
appropriate retainable percentage for the incidental catch species/
basis species combination, set forth in Table 10 to this part for the
GOA species categories (except the Rockfish Program fisheries, which
are described in Table 30 to this part for the Rockfish Program
fisheries), and Table 11 to this part for the BSAI species categories,
by the amount of that basis species, in round-weight equivalents.
* * * * *
(f) * * *
(2) Retainable amounts. Except as provided in Table 10 to this
part, arrowtooth flounder, or any groundfish species for which directed
fishing is closed may not be used to calculate retainable amounts of
other groundfish species. Only fish harvested under the CDQ Program may
be used to calculate retainable amounts of other CDQ species. Only
primary rockfish species fish harvested under the Rockfish Program may
be used to calculate retainable amounts of other species, as provided
in Table 30 to this part.
* * * * *
7. In Sec. 679.28, paragraphs (f)(6), (g) introductory text,
(g)(1) and (g)(2) are revised to read as follows:
Sec. 679.28 Equipment and operational requirements.
* * * * *
(f) * * *
(6) When must the VMS transmitter be transmitting? Your vessel's
transmitter must be transmitting if the vessel is operating in any
reporting area (see definitions at Sec. 679.2) off Alaska while any
fishery requiring VMS, for which the vessel has a species and gear
endorsement on its Federal fisheries permit under Sec.
679.4(b)(5)(vi), is open, or when that vessel is required to use
functioning VMS equipment in the Rockfish Program as described in Sec.
679.7(n)(3).
(g) Catch monitoring and control plan requirements (CMCP)--(1) What
is a CMCP? A CMCP is a plan submitted by the owner and manager of a
processing plant, and approved by NMFS, detailing how the processing
plant will meet the catch monitoring and control standards detailed in
paragraph (g)(7) of this section.
(2) Who is required to prepare and submit a CMCP for approval? The
owner and manager of shoreside or stationary floating processors
receiving fish harvested in the following fisheries must prepare,
submit, and have approved a CMCP prior to the receipt of fish harvested
in these fisheries:
(i) AFA pollock,
(ii) AI directed pollock,
(iii) Rockfish Program.
* * * * *
8. In Sec. 679.50, paragraphs (g)(1)(iii)(B) introductory text,
and (g)(1)(iii)(B)(1) are revised and (c)(2)(vii), (c)(7), and (d)(7)
are added to read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 2007.
* * * * *
(c) * * *
(2) * * *
(vii) Rockfish Program. In retained catch from Rockfish Program
fisheries.
* * * * *
(7) Rockfish Program--(i) Catcher/processor vessel--(A) Rockfish
cooperative. A catcher/processor vessel that is named on an LLP license
that is assigned to a rockfish cooperative and is fishing under a CFQ
permit must have aboard at least two NMFS-certified observers for each
day that the vessel is used to harvest or process in the Central GOA
from May 1:
(1) Until November 15; or
(2) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(B) Rockfish limited access fishery. A catcher/processor vessel
harvesting fish allocated to the rockfish limited access fishery for
the catcher/processor sector must have aboard at least two NMFS-
certified observers for each day that the vessel is used to harvest or
process in the Central GOA from July 1:
(1) Until November 15; or
(2) Until NMFS closes all directed fishing for all primary rockfish
species in the rockfish limited access fishery for the catcher/
processor sector.
(C) Sideboard fishery. A catcher/processor vessel that is subject
to a sideboard limit as described under Sec. 679.82(d) through (h), as
applicable, harvesting fish in the West Yakutat District, Central GOA,
or Western GOA management areas must have aboard at least two NMFS-
certified observers for each day that the vessel is used to harvest or
process from July 1 until July 31.
(D) Observer lead level 2 requirements. At least one of these
observers must be endorsed as a lead level 2 observer. More than two
observers are required if the observer workload restriction at
paragraph (c)(7)(i)(E) of this section would otherwise preclude
sampling as required.
(E) Observer workload. The time required for the observer to
complete sampling, data recording, and data communication duties may
not exceed 12 consecutive hours in each 24-hour period.
(ii) Catcher vessels--(A) Rockfish cooperative. A catcher vessel
that is named on an LLP license that is assigned to a rockfish
cooperative and fishing under a CFQ permit must have aboard a NMFS-
certified observer at all times the vessel is used to harvest fish in
the Central GOA from May 1:
(1) Until November 15; or
(2) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(B) Rockfish limited access fishery. A catcher vessel harvesting
fish allocated to the rockfish limited access fishery for the catcher
vessel sector must have aboard a NMFS-certified observer aboard at all
times the vessel is used to harvest in the Central GOA from July 1:
(1) Until November 15; or
(2) Until NMFS closes all directed fishing for all primary rockfish
species in the rockfish limited access fishery for the catcher vessel
sector.
(C) Sideboard fishery. A catcher vessel that is subject to a
sideboard limit as described under Sec. 679.82(d) through (h), as
applicable, harvesting fish in the West Yakutat District, Central GOA,
or Western GOA management areas must have aboard a NMFS-certified
observer at all times the vessel is used to harvest from July 1 until
July 31.
(d) * * *
(7) Rockfish Program--(i) Coverage level. A shoreside or stationary
floating processor must have a NMFS-certified observer for each 12
consecutive hour period in each calendar day during
[[Page 33079]]
which it receives deliveries from a catcher vessel described at
paragraph (c)(7)(ii) of this section. A shoreside or stationary
floating processor that receives deliveries or processes catch from a
catcher vessel described at paragraph (c)(7)(ii) of this section for
more than 12 consecutive hours in a calendar day is required to have
two NMFS-certified observers each of these days.
(ii) Multiple processors. An observer deployed to a shoreside or
stationary floating processor that receives deliveries from a catcher
vessel described at paragraph (c)(7)(ii) of this section harvested
under the Rockfish Program fisheries may not be assigned to cover more
than one processor during a calendar day.
(iii) Observers transferring between vessels and processors. An
observer transferring from a catcher vessel delivering to a shoreside
or stationary floating processor that receives deliveries from a
catcher vessel described at paragraph (c)(7)(ii) of this section may
not be assigned to cover the shoreside or stationary floating processor
until at least 12 hours after offload and sampling of the catcher
vessel's delivery is complete.
(iv) Observer coverage limitations. Observer coverage requirements
at paragraph (d)(7) of this section are in addition to observer
coverage requirements in other fisheries.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(B) Communication equipment requirements. In the case of an
operator of a catcher/processor or mothership that is required to carry
one or more observers, or a catcher vessel required to carry an
observer as specified in paragraph (c)(1)(iv) or (c)(7)(ii) of this
section:
(1) Hardware and software. Making available for use by the observer
a personal computer in working condition that contains: a full Pentium
120Mhz or greater capacity processing chip, at least 256 megabytes of
RAM, at least 75 megabytes of free hard disk storage, a Windows 98 (or
more recent) compatible operating system, an operating mouse, a 3.5-
inch (8.9 cm) floppy disk drive, and a readable CD ROM disk drive. The
associated computer monitor must have a viewable screen size of at
least 14.1 inches (35.8cm) and minimum display settings of 600 x 800
pixels. Except for a catcher vessel described at paragraph (c)(7)(ii)
of this section, the computer equipment specified in paragraph
(g)(1)(iii)(B) of this section must be connected to a communication
device that provides a point-to-point modem connection to the NMFS host
computer and supports one or more of the following protocols: ITU V.22,
ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Personal computers
utilizing a modem must have at least a 28.8 kbs Hayes-compatible modem.
* * * * *
9. Subpart G, consisting of Sec. Sec. 679.80 through 679.84, is
added to read as follows:
Subpart G--Rockfish Program
Sec.
679.80 Initial allocation of rockfish QS.
679.81 Rockfish Program annual harvester and processor privileges.
679.82 Rockfish Program use caps and sideboard limits.
679.83 Rockfish Program entry level fishery.
679.84 Rockfish Program recordkeeping, permits, monitoring, and
catch accounting.
Subpart G--Rockfish Program
Sec. 679.80 Initial allocation of rockfish QS.
Regulations under this subpart were developed by National Marine
Fisheries Service to implement Section 802 of the Consolidated
Appropriations Act of 2004 (Pub. L. 108-199). Additional regulations
that implement specific portions of the Rockfish Program are set out
at: Sec. 679.2 Definitions, Sec. 679.4 Permits, Sec. 679.5
Recordkeeping and reporting, Sec. 679.7 Prohibitions, Sec. 679.20
General limitations, Sec. 679.21 Prohibited species bycatch
management, Sec. 679.28 Equipment and operational requirements, and
Sec. 679.50 Groundfish Observer Program.
(a) Applicable areas and duration--(1) Applicable areas. The
Rockfish Program applies to Rockfish Program fisheries in the Central
GOA Regulatory Area and rockfish sideboard fisheries in the GOA and
BSAI.
(2) Duration. The Rockfish Program authorized under this part
expires on December 31, 2008.
(3) Seasons. The following fishing seasons apply to fishing under
this subpart subject to other provisions of this part:
(i) Rockfish entry level fishery--fixed gear vessels. Fishing by
vessels participating in the fixed gear portion of the rockfish entry
level fishery is authorized from 0001 hours, A.l.t., January 1 through
1200 hours, A.l.t., November 15.
(ii) Rockfish entry level fishery--trawl vessels. Fishing by
vessels participating in the trawl gear portion of the rockfish entry
level fishery is authorized from 1200 hours, A.l.t., May 1 through 1200
hours, A.l.t., November 15.
(iii) Rockfish cooperative. Fishing by vessels participating in a
rockfish cooperative is authorized from 1200 hours, A.l.t., May 1
through 1200 hours, A.l.t., November 15.
(iv) Rockfish Program fishery--rockfish limited access fishery.
Fishing by vessels participating in the rockfish limited access fishery
is authorized from 1200 hours, A.l.t., July 1 through 1200 hours,
A.l.t., November 15.
(b) Eligibility for harvesters to participate in the Rockfish
Program--(1) Eligible rockfish harvester. A person is eligible to
participate in the Rockfish Program as an eligible rockfish harvester
if that person:
(i) Holds a permanent fully transferrable LLP license at the time
of application to participate in the Rockfish Program that:
(A) Is endorsed for Central GOA groundfish with a trawl gear
designation; and
(B) Has a legal rockfish landing of any primary rockfish species in
a directed fishery for any primary rockfish species assigned to that
LLP license; and
(ii) Submits a timely application to participate in the Rockfish
Program that is approved by NMFS.
(2) Eligible entry-level fishery harvester. A person is eligible to
participate in the Rockfish Program as an eligible entry-level fishery
harvester if that person:
(i) Holds a valid LLP license endorsed for Central GOA groundfish
at the time of application for the entry-level fishery;
(ii) Submits a timely application for the entry-level fishery that
is approved by NMFS; and
(iii) That person does not hold a permanent fully transferrable LLP
license endorsed for Central GOA groundfish with a trawl designation
and with a legal rockfish landing of any primary rockfish species in a
directed fishery assigned to that LLP license.
(3) Assigning a legal rockfish landing to an LLP license. A legal
rockfish landing is assigned to an LLP license endorsed for the Central
GOA management area with a trawl gear designation, if that legal
rockfish landing was made aboard a vessel that gave rise to that LLP
license prior to the issuance of that LLP license, or that legal
rockfish landing was made on a vessel using trawl gear operating under
the authority of that LLP license.
(4) Legal rockfish landings assigned to the catcher/processor
sector. A legal rockfish landing for a primary rockfish species is
assigned to the catcher/processor sector if:
[[Page 33080]]
(i) The legal rockfish landing of that primary rockfish species was
harvested and processed aboard a vessel during the season dates for
that primary rockfish species as established in Table 28 to this part;
and
(ii) The legal rockfish landings that were derived from that vessel
resulted in, or were made under the authority of, an LLP license that
is endorsed for Central GOA groundfish fisheries with trawl gear with a
catcher/processor designation.
(5) Legal rockfish landings assigned to the catcher vessel sector.
A legal rockfish landing for a primary rockfish species is assigned to
the catcher vessel sector if:
(i) The legal rockfish landing of that primary rockfish species was
harvested and not processed aboard a vessel during the season dates for
that primary rockfish species as established under Table 28 to this
part; and
(ii) The legal rockfish landings that were derived from that vessel
resulted in, or were made under the authority of, an LLP license that
is endorsed for Central GOA groundfish fisheries with trawl gear that
does not meet the criteria for being a legal rockfish landing assigned
to the catcher/processor sector as defined in paragraph (b)(4) of this
section.
(c) Eligibility for processors to participate in the Rockfish
Program--(1) Eligible rockfish processor. A person is eligible to
participate in the Rockfish Program as an eligible rockfish processor
if that person:
(i) Holds the processing history of a shoreside processor or
stationary floating processor that received not less than 250 metric
tons in round weight equivalents of aggregate legal rockfish landings
of primary rockfish species each calendar year in any four of the five
calendar years from 1996 through 2000 during the season dates for that
primary rockfish species as established in Table 28 to this part;
(ii) Submits a timely application to participate in the Rockfish
Program that is approved by NMFS; and
(iii) That person or his successor-in-interest exists at the time
of application to participate in the Rockfish Program.
(2) Holder of processing history. A person holds the processing
history of a shoreside processor or stationary floating processor if
that person:
(i) Owns the shoreside processor or stationary floating processor
at which the legal rockfish landings were received at the time of
application to participate in the Rockfish Program, unless that
processing history has been transferred to another person by the
express terms of a written contract that clearly and unambiguously
provides that such processing history has been transferred; or
(ii) Holds the processing history by the express terms of a written
contract that clearly and unambiguously provides that such processing
history is held by that person.
(3) Eligible entry-level fishery processor. A person is eligible to
participate in the Rockfish Program as an eligible entry-level fishery
processor if that person is not an eligible rockfish processor.
(d) Official Rockfish Program record--(1) Use of the official
Rockfish Program record. The official Rockfish Program record will
contain information used by the Regional Administrator to determine:
(i) The amount of legal rockfish landings and resulting processing
history assigned to a shoreside processor or stationary floating
processor;
(ii) The amount of legal rockfish landings assigned to an LLP
license;
(iii) The amount of rockfish QS resulting from legal rockfish
landings assigned to an LLP license held by an eligible rockfish
harvester;
(iv) Sideboard ratios assigned to eligible rockfish harvesters;
(v) The amount of legal rockfish landings assigned to an eligible
rockfish processor for purposes of establishing a rockfish cooperative
with eligible rockfish harvesters; and includes:
(vi) All other information used by NMFS necessary to determine
eligibility to participate in the Rockfish Program and assign specific
harvest or processing privileges to Rockfish Program participants.
(2) Presumption of correctness. The official Rockfish Program
record is presumed to be correct. An applicant to participate in the
Rockfish Program has the burden to prove otherwise. For the purposes of
creating the official Rockfish Program record, the Regional
Administrator will presume the following:
(i) An LLP license is presumed to have been used aboard the same
vessel from which that LLP license is derived during the calendar years
2000 and 2001, unless written documentation is provided that
establishes otherwise.
(ii) If more than one person is claiming the same legal rockfish
landing, then each LLP license for which the legal rockfish landing is
being claimed will receive an equal share of any resulting rockfish QS
unless the applicants can provide written documentation that
establishes an alternative means for distributing the catch history to
the LLP licenses.
(3) Documentation. (i) Only legal rockfish landings, as defined in
Sec. 679.2, shall be used to establish an allocation of rockfish QS or
a sideboard ratio.
(ii) Evidence of legal rockfish landings used to establish
processing history for an eligible rockfish processor is limited to
State of Alaska fish tickets.
(4) Non-severability of legal rockfish landings. Legal rockfish
landings are non-severable:
(i) From the LLP license to which those legal rockfish landings are
assigned according to the official Rockfish Program record;
(ii) From the shoreside processor or stationary floating processor
at which the legal rockfish landings were received unless the
processing history assigned to that shoreside processor or stationary
floating processor is transferred, in its entirety, to another person
by the express terms of a written contract that clearly and
unambiguously provides that such processing history has been
transferred.
(e) Application to participate in the Rockfish Program--(1)
Submission of application to participate in the Rockfish Program. A
person who wishes to participate in the Rockfish Program as an eligible
rockfish harvester or eligible rockfish processor must submit a timely
and complete application to participate in the Rockfish Program. This
application may only be submitted to NMFS using the following methods:
(i) Mail: Regional Administrator, c/o Restricted Access Management
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
(ii) Fax: 907-586-7354; or
(iii) Hand Delivery or Carrier: NMFS, Room 713, 709 West 9th
Street, Juneau, AK 99801.
(2) Forms. Forms are available through the internet on the NMFS
Alaska Region Web site at http://www.fakr.noaa.gov, or by contacting
NMFS at 800-304-4846, Option 2.
(3) Deadline. A completed application to participate in the
Rockfish Program must be received by NMFS no later than 1700 hours
A.l.t. on December 1, 2006, or if sent by U.S. mail, postmarked by that
time.
(4) Contents of application. A completed application must contain
the following information:
(i) Applicant identification. (A) The applicant's name, NMFS person
ID (if applicable), tax ID or social security number (required),
permanent business mailing address, business telephone number, and
business fax number, and e-mail (if available);
(B) Indicate (YES or NO) if the applicant is a U.S. citizen; if
YES, enter his or her date of birth;
[[Page 33081]]
(C) Indicate (YES or NO) if the applicant is a U.S. corporation,
partnership, association, or other business entity; if YES, enter the
date of incorporation;
(D) Indicate (YES or NO) if the applicant is a successor-in-
interest to a deceased individual or to a non-individual no longer in
existence, if YES attach evidence of death or dissolution;
(E) For an applicant claiming legal rockfish landings associated
with an LLP license enter the following information for each LLP
license: LLP license number, name of the original qualifying vessel(s)
(OQV(s)) that gave rise to the LLP license, ADF&G vessel registration
number of the OQV, and names, ADF&G vessel registration numbers, and
USCG documentation numbers of all other vessels used under the
authority of this LLP license, including dates when landings were made
under the authority of an LLP license for 2000 and 2001;
(F) For an applicant claiming legal rockfish landings in the
catcher/processor sector enter the following information: LLP license
numbers, vessel names, ADF&G vessel registration numbers, and USCG
documentation numbers of vessels on which legal rockfish landings were
caught and processed.
(ii) Processor eligibility. (A) Indicate (YES or NO) if the
applicant received at least 250 metric tons in round weight equivalent
of aggregate legal rockfish landings of primary rockfish species each
calendar year in any four of the five calendar years from 1996 through
2000 during the season dates for that primary rockfish species as
established in Table 28 to this part;
(B) If the answer to paragraph (e)(4)(ii)(A) of this section is
YES, enter the facility name and ADF&G processor code(s) for each
processing facility where legal rockfish landings were received and the
qualifying years or seasons for which applicant is claiming
eligibility.
(C) Enter the name of the community in which the primary rockfish
species were received. The community is either:
(1) The city, if the community is incorporated as a city within the
State of Alaska;
(2) The borough, if the community is not a city incorporated within
the State of Alaska, but the community is in a borough incorporated
within the State of Alaska.
(D) Enter the four calendar years from 1996 through 2000 that NMFS
will use to determine the percentage of legal rockfish landings
received by that eligible rockfish processor for purposes of forming an
association with a rockfish cooperative.
(E) Submit a copy of the contract that the legal processing history
and rights to apply for and receive processor eligibility based on that
legal processing history have been transferred or retained (if
applicable); and
(F) Any other information deemed necessary by the Regional
Administrator.
(iii) Applicant signature and certification. The applicant must
sign and date the application certifying that all information is true,
correct, and complete to the best of his/her knowledge and belief. If
the application is completed by an authorized representative, then
explicit authorization signed by the applicant must accompany the
application.
(5) Application evaluation. The Regional Administrator will
evaluate applications received as specified in paragraph (e)(3) of this
section and compare all claims in an application with the information
in the official Rockfish Program record. Application claims that are
consistent with information in the official Rockfish Program record
will be accepted by the Regional Administrator. Application claims that
are inconsistent with official Rockfish program record, unless verified
by documentation, will not be accepted. An applicant who submits
inconsistent claims, or an applicant who fails to submit the
information specified in paragraph (e)(4) of this section, will be
provided a single 30-day evidentiary period to submit the specified
information, submit evidence to verify his or her inconsistent claims,
or submit a revised application with claims consistent with information
in the official Rockfish Program record. An applicant who submits
claims that are inconsistent with information in the official Rockfish
Program record has the burden of proving that the submitted claims are
correct. Any claims that remain inconsistent or that are not accepted
after the 30-day evidentiary period will be denied, and the applicant
will be notified by an IAD of his or her appeal rights under Sec.
679.43.
(6) Appeals. If an applicant is notified by an IAD that
inconsistent claims made by the applicant have been denied, that
applicant may appeal that IAD under the provisions described at Sec.
679.43.
(f) Rockfish QS allocation--(1) General. An eligible rockfish
harvester who holds an LLP license at the time of application to
participate in the Rockfish Pilot Program will receive rockfish QS
assigned to that LLP license based on the legal rockfish landings
assigned to that LLP license according to the official Rockfish Program
record.
(2) Non-severability of rockfish QS from an LLP license. Rockfish
QS assigned to an LLP license is non-severable from that LLP license.
(3) Calculation of rockfish QS. (i) Based on the official Rockfish
Program record, the Regional Administrator shall determine the total
amount of legal rockfish landings of each primary rockfish species in
each year during the fishery seasons established in Table 28 to this
part.
(ii) Rockfish QS for each primary rockfish species shall be based
on a percentage of the legal rockfish landings of each primary rockfish
species in that sector associated with each fully transferrable LLP
license held by the eligible rockfish harvester.
(iii) The Regional Administrator shall calculate rockfish QS for
each primary rockfish species ``s'' based on each fully transferable
LLP license ``l'' held by an eligible rockfish harvester by the
following procedure:
(A) Sum the legal rockfish landings for each year during the
fishery seasons established in Table 28 to this part.
(B) Select the five years that yield the highest poundage of that
primary rockfish species, including zero pounds if necessary.
(C) Sum the poundage of the highest five years, for that species
for that LLP license as selected under paragraph (f)(3)(iii)(B) of this
section. This yields the Highest Five Years.
(D) Divide the Highest Five Years in paragraph (f)(3)(iii)(C) of
this section for an LLP license and species by the sum of all Highest
Five Years based on the official Rockfish Program record for that
species as presented in the following equation:
Highest Five Yearsls/[Sgr] All Highest Five
Yearss = Percentage of the Totalls
The result (quotient) of this equation is the Percentage of the
Totalls.
(E) Multiply the Percentage of the Totalls of the Total
by the Initial Rockfish QS Pool for each relevant species as
established in Table 29 to this part. This yields the number of
rockfish QS units for that LLP license for that primary rockfish
species in rockfish QS units.
(F) Determine the percentage of legal rockfish landings in the five
qualifying years used to calculate the rockfish QS assigned to the
catcher/processor sector and multiply the rockfish QS units calculated
in paragraph (f)(3)(iii)(E) of this section by this percentage. This
yields the rockfish QS units to be assigned to the catcher/processor
sector for that LLP license and species. For
[[Page 33082]]
each primary rockfish species, the total amount of rockfish QS units
assigned to the catcher/processor sector is the sum of all catch
history allocation units assigned to all eligible rockfish harvesters
in the catcher/processor sector.
(G) Determine the percentage of legal rockfish landings in the five
qualifying years used to calculate rockfish QS that are assigned to the
catcher vessel sector and multiply the amount calculated in paragraph
(f)(3)(iii)(E) of this section by this percentage. This yields the
rockfish QS units to be assigned to the catcher vessel sector for that
LLP license and species. For each primary rockfish species, the total
amount of rockfish QS units assigned to the catcher vessel sector is
equal to the sum of all rockfish QS units assigned to all eligible
rockfish harvesters in the catcher vessel sector.
Sec. 679.81 Rockfish Program annual harvester and processor
privileges.
(a) Sector and LLP license allocations of primary rockfish
species--(1) General. Each calendar year, the Regional Administrator
will determine the poundage of primary rockfish species that will be
assigned to the Rockfish Program. For participants in a rockfish
cooperative, rockfish limited access fishery, or opt-out fishery,
amounts will be allocated to the appropriate sector, either the
catcher/processor sector or the catcher vessel sector. The poundage of
fish assigned to a sector will be further assigned to rockfish
cooperative(s) or the rockfish limited access fishery within that
sector.
(2) Calculation. The amount of primary rockfish species allocated
to the Rockfish Program is calculated by deducting the incidental catch
allowance (ICA) the Regional Administrator determines is required on an
annual basis in other non-target fisheries from the TAC. Ninety-five
(95) percent of the remaining TAC for that primary rockfish species
(TACs) is assigned for use by rockfish cooperatives and the
rockfish limited access fishery in the catcher vessel and catcher/
processor sectors. Five (5) percent of the remaining TAC is allocated
for use in the rockfish entry level fishery. The formulae are as
follows in paragraphs (g)(2)(i) and (ii) of this section:
(i) (TAC-ICA) x 0.95 = TACs.
(ii) (TAC-ICA) x 0.05 = TAC for the Rockfish Entry Level Fishery.
(3) Primary rockfish species TACs assigned to the catcher/processor
and catcher vessel sector. TACs assigned for a primary
rockfish species will be divided between the catcher/processor sector
and the catcher vessel sector. Each sector will receive an amount of
TACs for each primary rockfish species equal to the sum of
the rockfish QS units assigned to all LLP licenses that receive
rockfish QS in that sector divided by the rockfish QS pool for that
primary rockfish fishery in that sector. Expressed algebraically for
each primary rockfish species ``s'' in paragraphs (g)(3)(i) and (ii) of
this section:
(i) Catcher/Processor Sector TACs = [(TACs) x
(Rockfish QS Units in the Catcher/Processor Sectors/Rockfish
QS Pools)].
(ii) Catcher Vessel Sector TACs = [(TACs) x
(Rockfish QS Units in the Catcher Vessel Sectors/Rockfish QS
Pools)].
(4) Use of primary rockfish species by an eligible rockfish
harvester. Once a TACs is assigned to a sector, the use of
that TACs by eligible rockfish harvesters in that sector is
governed by regulations applicable to the rockfish cooperative, limited
access fishery, or opt-out fishery in which those eligible rockfish
harvesters are participating. The TACs is assigned as
follows:
(i) Any TACs assigned to a rockfish cooperative is
issued as CFQ and may be harvested only by the members of the rockfish
cooperative that has been assigned that CFQ and only on vessels that
are authorized to fish under that CFQ permit. Once issued, CFQ may be
transferred among rockfish cooperatives within a sector according to
the provisions in paragraph (f) of this section.
(ii) Any TACs assigned to the rockfish limited access
fishery in the catcher vessel sector may be harvested by any eligible
rockfish harvester who has assigned an LLP license with rockfish QS for
use in the rockfish limited access fishery in the catcher vessel
sector.
(iii) Any TACs assigned to the rockfish limited access
fishery in the catcher/processor sector may be harvested by any
eligible rockfish harvester who has assigned an LLP license with
rockfish QS for use in the rockfish limited access fishery in the
catcher/processor sector.
(iv) TACs is not assigned to an opt-out fishery. Any
TACs that would have been derived from rockfish QS assigned
to the opt-out fishery is reassigned to rockfish cooperatives and the
rockfish limited access fishery in the catcher/processor sector as
established in paragraph (a)(5)(ii) of this section.
(5) Determining the TACs of primary rockfish species.
TACs is assigned to each rockfish cooperative or limited
access fishery based on the rockfish QS assigned to that fishery in
each sector according to the following procedures for the catcher
vessel sector and the catcher/processor sector:
(i) Catcher vessel sector. The assignment of TACs to a
rockfish cooperative or limited access fishery is governed by the
rockfish fishery to which an LLP license is assigned under this
paragraph (a).
(A) Rockfish cooperative. The amount of TACs for each
primary rockfish species assigned to a rockfish cooperative is equal to
the amount of rockfish QS units assigned to that rockfish cooperative
divided by the total rockfish QS pool in the catcher vessel sector
multiplied by the catcher vessel TACs. Once TACs
for a primary rockfish species is assigned to a rockfish cooperative,
it is issued as CFQ specific to that rockfish cooperative. The amount
of CFQ for each primary rockfish species that is assigned to a rockfish
cooperative is expressed algebraically as follows:
CFQ = [(Catcher Vessel Sector TACs) x (Rockfish QS assigned
to that Cooperative/Rockfish QS Units in the Catcher Vessel
Sectors)].
(B) Rockfish limited access fishery. The amount of TACs
for each primary rockfish species assigned to the rockfish limited
access fishery is equal to the catcher vessel sector TACs
subtracting all CFQ issued to rockfish cooperatives in the catcher
vessel sector for that primary rockfish species. Expressed
algebraically in the following equation:
Catcher Vessel Sector Rockfish Limited Access Fishery TACs =
Catcher Vessel Sector TACs--([sum] CFQ issued to Rockfish
Cooperatives in the Catcher Vessel Sector).
(ii) Catcher/processor sector. The assignment of TACs to
a rockfish cooperative or limited access fishery is determined by the
rockfish fishery to which an LLP license is assigned under this
paragraph (a).
(A) Rockfish cooperative. The amount of TACs for each
primary rockfish species assigned to a rockfish cooperative is equal to
the amount of rockfish QS units assigned to that rockfish cooperatives
divided by the sum of the rockfish QS units assigned to rockfish
cooperatives and the limited access fishery in the catcher/processor
sector multiplied by the catcher/processor TACs. Once
TACs for a primary rockfish species is assigned to a
rockfish cooperative it is issued as CFQ specific to that rockfish
cooperative. The amount of CFQ for each primary rockfish species that
is assigned to a rockfish cooperative is expressed algebraically as
follows:
CFQ = [(Catcher/Processor Sector TACs) x (Rockfish QS Units
assigned to that Cooperative/[sum]Rockfish QS Units assigned to all
rockfish
[[Page 33083]]
cooperatives and the Limited Access Fishery in the Catcher/Processor
Sector).
(B) Rockfish limited access fishery. The amount of TACs
for each primary rockfish species assigned to the limited access
fishery is equal to the catcher/processor TACs subtracting
all CFQ issued to rockfish cooperatives in the catcher/processor sector
for that primary rockfish species. Expressed algebraically in the
following equation:
Catcher/Processor Sector Rockfish Limited Access Fishery
TACs = [(Catcher/Processor Sector TACs)--([sum]
CFQ issued to rockfish cooperatives in the Catcher/Processor Sector).
(b) Sector and LLP license allocations of secondary species--(1)
General. Each calendar year, the Regional Administrator will determine
the poundage of secondary species that may be assigned to the Rockfish
Program. This amount will be assigned to either the catcher/processor
sector or the catcher vessel sector. The poundage of fish assigned to a
sector will be assigned to rockfish cooperatives within that sector.
CFQ of secondary species is subject to the use limitations established
in paragraph (b)(4) of this section.
(2) Maximum amount of secondary species poundage that may be
assigned to the catcher/processor sector. (i) Sum the amount of each
secondary species retained by all vessels that gave rise to an LLP
license with a catcher/processor designation or that fished under an
LLP license with a catcher/processor designation during the directed
fishery for any Primary rockfish fishery during all qualifying season
dates established in Table 28 to this part. This is the rockfish
catcher/processor sector harvest for that secondary species.
(ii) Sum the amount of each secondary species retained by all
vessels in the Central GOA regulatory Area and adjacent waters open by
the State of Alaska for which it adopts a Federal fishing season from
January 1, 1996, until December 31, 2002. This is the total secondary
species harvest.
(iii) For each secondary species, divide the rockfish catcher/
processor sector harvest by the total secondary species harvest and
multiply by 100. This is the percentage of secondary species that may
be assigned to the catcher/processor sector in the rockfish fishery.
(iv) Multiply the percentage of each secondary species assigned to
the catcher/processor sector in the rockfish fishery by the TAC for
that secondary species. This is the maximum amount of that secondary
species that may be allocated to the catcher/processor sector in the
Rockfish Program.
(v) The maximum of rougheye rockfish that may be allocated to the
catcher/processor sector is equal to 58.87 percent of the TAC for the
Central GOA.
(vi) The maximum amount of shortraker rockfish that may be
allocated to the catcher/processor sector is equal to 30.03 percent of
the TAC for the Central GOA.
(3) Maximum amount of secondary species poundage that may be
assigned to the catcher vessel sector. (i) Sum the amount of each
secondary species retained by all vessels that gave rise to an LLP
license with a catcher vessel designation or that fished under an LLP
license with a catcher vessel designation during the directed fishery
for any primary rockfish fishery during all qualifying season dates
established in Table 28 to this part. This is the rockfish catcher
vessel sector harvest for that secondary species.
(ii) Sum the amount of each secondary species retained by all
vessels in the Central GOA regulatory Area and adjacent waters open by
the State of Alaska for which it adopts a Federal fishing season from
January 1, 1996, until December 31, 2002. This is the total secondary
species harvest.
(iii) For each secondary species, divide the rockfish catcher
vessel sector harvest by the total secondary species harvest and
multiply by 100. This is the percentage of each secondary species that
may be assigned to the catcher vessel sector in the rockfish fishery.
(iv) Multiply the percentage of each secondary species assigned to
the catcher vessel sector in the rockfish fishery by the TAC for that
secondary species. This is the maximum amount of that secondary species
that may be allocated to the catcher vessel sector in the Rockfish
Program.
(4) Use of a secondary species by an eligible rockfish harvester.
Once the maximum amount of secondary species that may be assigned to a
sector has been determined, the use of that specific amount that is
assigned to that sector is governed by regulations applicable to the
specific rockfish fishery in which eligible rockfish harvesters are
participating. The specific amount of each secondary species that may
be used by eligible rockfish harvesters is determined by the following
procedure:
(i) Secondary species may only be assigned to a rockfish
cooperative. Once a secondary species is assigned to a rockfish
cooperative it is issued as CFQ, which may only be used by the rockfish
cooperative to which it is assigned.
(ii) Secondary species are not assigned to a rockfish limited
access fishery or the opt-out fishery and there is not a dedicated
harvestable allocation for any specific participant in these rockfish
fisheries.
(5) Determining the amount of secondary species CFQ assigned to a
rockfish cooperative. The amount of CFQ for each secondary species that
is assigned to each rockfish cooperative is determined according to the
following procedures:
(i) CFQ assigned to rockfish cooperatives in the catcher/processor
sector. The CFQ for a secondary species that is assigned to a rockfish
cooperative is equal to the maximum amount of that secondary species
that may be allocated to the catcher/processor sector in the Rockfish
Program multiplied by the sum of the rockfish QS units for all primary
rockfish species assigned to that rockfish cooperative divided by the
rockfish QS pool for all primary rockfish species in the catcher/
processor sector. Expressed algebraically in the following equation:
CFQ for that Secondary Species = maximum amount of that Secondary
Species that may be allocated to the Catcher/Processor Sector in the
Rockfish Program x ([sum]Rockfish QS Units assigned to that Rockfish
cooperative/Rockfish QS Pool in the Catcher/Processor Sector).
(ii) CFQ assigned to rockfish cooperatives in the catcher vessel
sector. The CFQ for a secondary species that is assigned to a specific
rockfish cooperative is equal to the maximum amount of that secondary
species that may be allocated to the catcher vessel sector in the
Rockfish Program multiplied by the sum of the rockfish QS units for all
primary rockfish species assigned to that rockfish cooperative divided
by the rockfish QS pool for all primary rockfish species in the catcher
vessel sector. Expressed algebraically in the following equation:
CFQ for that Secondary Species = maximum amount of that Secondary
Species that may be allocated to the Catcher Vessel Sector in the
Rockfish Program x ([sum]Rockfish QS Units assigned to that Rockfish
Cooperative / Rockfish QS Pool in the Catcher Vessel Sector).
(c) Sector and LLP license allocations of rockfish halibut PSC--(1)
General. Each calendar year, the Regional Administrator will determine
the poundage of rockfish halibut PSC that will be assigned to the
Rockfish Program. This amount will be allocated
[[Page 33084]]
to the appropriate sector, either the catcher/processor sector or the
catcher vessel sector. The poundage of rockfish halibut PSC assigned to
a sector will be further assigned as CFQ only to rockfish
cooperative(s) within that sector. CFQ of rockfish halibut PSC is
subject to the use limitations established in Sec. 679.82(a) of this
section.
(2) Maximum amount of rockfish halibut PSC that may be assigned to
the catcher/processor sector. (i) Sum the amount of halibut PSC used by
all vessels that gave rise to an LLP license with a catcher/processor
designation or that fished under an LLP license with a catcher/
processor designation during the directed fishery for any primary
rockfish fishery during all qualifying season dates established in
Table 28 to this part. This is the catcher/processor sector rockfish
halibut PSC amount.
(ii) Sum the amount of halibut PSC by all vessels in the Central
GOA Regulatory Area and adjacent waters open by the State of Alaska for
which it adopts a Federal fishing season from January 1, 1996, until
December 31, 2002. This is the Total Halibut PSC.
(iii) Divide the catcher/processor sector rockfish halibut PSC
amount by the total halibut PSC and multiply by 100. This is the
percentage of rockfish halibut PSC assigned to the catcher/processor
sector in the rockfish fishery.
(iv) Multiply the percentage of rockfish halibut PSC assigned to
the catcher/processor sector in the rockfish fishery by the GOA halibut
PSC limit. This is the maximum amount of rockfish halibut PSC that may
be allocated to the catcher/processor sector.
(3) Maximum amount of rockfish halibut PSC that may be assigned to
the catcher vessel sector. (i) Sum the amount of halibut PSC used by
all vessels that gave rise to an LLP license with a catcher vessel
designation or that fished under an LLP license with a catcher vessel
designation during the directed fishery for any primary rockfish
fishery during all qualifying season dates established in Table 28 to
this part. This is the catcher vessel sector rockfish halibut PSC
amount.
(ii) Sum the amount of halibut PSC by all vessels in the Central
GOA Regulatory Area and adjacent waters open by the State of Alaska for
which it adopts a Federal fishing season from January 1, 1996, until
December 31, 2002. This is the Total Halibut PSC.
(iii) Divide the catcher vessel sector rockfish halibut PSC amount
by the total halibut PSC and multiply by 100. This is the percentage of
rockfish halibut PSC assigned to the catcher vessel sector in the
rockfish fishery.
(iv) Multiply the percentage of rockfish halibut PSC assigned to
the catcher vessel sector in the rockfish fishery by the GOA halibut
PSC limit. This is the maximum amount of rockfish halibut PSC that may
be allocated to the catcher vessel sector.
(4) Use of rockfish halibut PSC by an eligible rockfish harvester.
Once the maximum amount of rockfish halibut PSC that may be assigned to
a sector has been determined, the use of that specific amount that is
assigned to that sector is governed by the specific rockfish fishery in
which eligible rockfish harvesters are participating. The specific
amount of rockfish halibut PSC that may be used by eligible rockfish
harvesters is determined by the following procedure:
(i) Rockfish halibut PSC is assigned only to a rockfish
cooperative. Once rockfish halibut PSC is assigned to a rockfish
cooperative, it is issued as CFQ, which may only be used by the members
of the rockfish cooperative to which it is assigned.
(ii) Rockfish halibut PSC is not assigned to a rockfish limited
access fishery or the opt-out fishery and there is not a dedicated
allocation for any specific participant in these rockfish fisheries.
(5) Determining the amount of rockfish halibut PSC CFQ assigned to
a rockfish cooperative. The amount of CFQ of rockfish halibut PSC that
is assigned to each rockfish cooperative is determined according to the
following procedures:
(i) CFQ assigned to rockfish cooperatives in the catcher/processor
sector. The CFQ for rockfish halibut PSC that is assigned to a specific
rockfish cooperative is equal to the maximum amount of rockfish halibut
PSC that may be allocated to the catcher/processor sector multiplied by
the sum of the rockfish QS units for all primary rockfish species
assigned to that rockfish cooperative divided by the rockfish QS pool
for all primary rockfish species in the catcher/processor sector.
Expressed algebraically in the following equation:
CFQ for Rockfish Halibut PSC = maximum amount of Rockfish Halibut
PSC that may be allocated to the Catcher/Processor Sector x
([sum]Rockfish QS Units assigned to that Rockfish Cooperative/Rockfish
QS Pool in the Catcher/Processor Sector).
(ii) CFQ assigned to rockfish cooperatives in the catcher vessel
sector. The CFQ for rockfish halibut PSC that is assigned to a specific
rockfish cooperative is equal to the maximum amount of rockfish halibut
PSC that may be allocated to the catcher vessel sector multiplied by
the sum of the rockfish QS units for all primary rockfish species
assigned to that rockfish cooperative divided by the rockfish QS pool
for all primary rockfish species in the catcher vessel sector.
Expressed algebraically in the following equation:
CFQ for Rockfish Halibut PSC = maximum amount of Rockfish Halibut
PSC that may be allocated to the Catcher Vessel Sector x ([sum]Rockfish
QS Units assigned to that Rockfish Cooperative/Rockfish QS Pool in the
Catcher Vessel Sector).
(d) Assigning rockfish QS to a Rockfish Program fishery--(1)
General. Each calendar year, a person that is participating in the
Rockfish Program must assign any LLP license and any rockfish QS
assigned to that LLP license to a Rockfish Program fishery by the
process specified in paragraph (e) of this section. A person may assign
an LLP license and any rockfish QS assigned to that LLP license to only
one Rockfish Program fishery in a fishing year. Any rockfish QS
assigned to a person after NMFS has issued CFQ or the TAC for that
calendar year will not result in any additional CFQ or TAC being issued
for that rockfish QS for that calendar year.
(2) Rockfish cooperatives in the catcher vessel sector. An eligible
rockfish harvester may assign rockfish QS to a rockfish cooperative in
the catcher vessel sector if:
(i) That eligible rockfish harvester assigns the rockfish QS
associated with that LLP license to a rockfish cooperative on a
complete application for CFQ that is approved by the Regional
Administrator; and
(ii) That rockfish QS is associated with an LLP license with a
catcher vessel designation that is endorsed for trawl gear in the
Central GOA trawl fishery.
(3) Rockfish cooperative in the catcher/processor sector. An
eligible rockfish harvester may assign rockfish QS to a rockfish
cooperative in the catcher/processor sector if:
(i) That eligible rockfish harvester assigns the rockfish QS
associated with that LLP license to a rockfish cooperative on a
complete application for CFQ that is approved by the Regional
Administrator; and
(ii) That rockfish QS is associated with an LLP license with a
catcher/processor designation that is endorsed for trawl gear in the
Central GOA trawl fishery.
(4) Rockfish limited access fishery. (i) An eligible rockfish
harvester may assign rockfish QS to a rockfish limited access fishery
if that eligible rockfish harvester:
[[Page 33085]]
(A) Assigns the rockfish QS associated with that LLP license to a
limited access fishery on a complete application for the rockfish
limited access fishery that is approved by the Regional Administrator;
or
(B) Does not submit a complete application for CFQ, or application
for the opt-out fishery that is approved.
(ii) The rockfish QS is assigned to the rockfish limited access
fishery in the catcher vessel sector if that rockfish QS is associated
with an LLP license with a catcher vessel designation that is endorsed
for trawl gear in the Central GOA trawl fishery.
(iii) The rockfish QS is assigned to the rockfish limited access
fishery in the catcher/processor sector if that rockfish QS is
associated with an LLP license with a catcher/processor designation
that is endorsed for trawl gear in the Central GOA trawl fishery.
(5) Opt-out fishery. An eligible rockfish harvester may assign
rockfish QS to the opt-out fishery if that eligible rockfish harvester
assigns the rockfish QS associated with that LLP license to the opt-out
fishery on a complete application for the opt-out fishery that is
approved by the Regional Administrator.
(6) Rockfish entry level fishery. (i) An eligible rockfish entry
level harvester may assign an LLP license to the rockfish entry level
fishery if that eligible rockfish entry level harvester assigns that
LLP license to the rockfish entry level fishery on a complete
application for the rockfish entry level fishery that is approved by
the Regional Administrator.
(ii) An eligible rockfish entry level processor may participate in
the rockfish entry level fishery if that eligible rockfish entry level
processor submits a complete application for the rockfish entry level
fishery that is approved by the Regional Administrator.
(e) Applications for a rockfish fishery--(1) General. Applications
to participate in a rockfish fishery are required to be submitted each
year. A person who wishes to participate in a particular rockfish
fishery must submit a timely and complete application that is
appropriate to that rockfish fishery. These applications may only be
submitted to NMFS using the following methods:
(i) Mail: Regional Administrator, c/o Restricted Access Management
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
(ii) Fax: 907-586-7354; or
(iii) Hand Delivery or Carrier: NMFS, Room 713, 709 West 9th
Street, Juneau, AK 99801.
(2) Forms. Forms are available through the internet on the NMFS
Alaska Region Web site at http://www.fakr.noaa.gov, or by contacting
NMFS at: 800-304-4846, Option 2.
(3) Deadline. A completed application must be received by NMFS no
later than 1700 hours A.l.t. on December 1 of the year prior to the
year for which the applicant wishes to participate in a rockfish
fishery, or if sent by U.S. mail, the application must be postmarked by
that time.
(4) Application for CFQ. A rockfish cooperative that submits a
complete application that is approved by NMFS will receive a CFQ permit
that establishes an annual amount of primary rockfish species,
secondary species, and rockfish halibut PSC that is based on the
collective rockfish QS of the LLP licenses assigned to the rockfish
cooperative by its members. A CFQ permit will list the amount of CFQ,
by fishery, held by the rockfish cooperative, the members of the
rockfish cooperative and LLP licenses assigned to that rockfish
cooperative, and the vessels which are authorized to harvest fish under
a CFQ permit.
(i) Contents of an application for CFQ. A completed application
must contain the following information:
(A) Rockfish cooperative identification. The rockfish cooperative's
legal name; the type of business entity under which the rockfish
cooperative is organized; the state in which the rockfish cooperative
is legally registered as a business entity; the printed name of the
rockfish cooperative's authorized representative; the permanent
business address, telephone number, fax number, and e-mail address (if
available) of the rockfish cooperative or its authorized
representative; and the signature of the rockfish cooperative's
authorized representative and date signed.
(B) Members of the rockfish cooperative--(1) Harvester
identification. Full name; NMFS Person ID; LLP license number(s); name
of the vessel(s), ADF&G vessel registration number, and USCG
documentation number of vessel(s) on which the CFQ issued to the
rockfish cooperative will be used. If no vessel(s) are designated to
use the CFQ issued to the rockfish cooperative on the application, then
all vessels using LLP license assigned to the rockfish cooperative will
be assumed to be designated to use the CFQ.
(2) LLP holdership documentation. Provide the names of all persons,
to the individual level, holding an ownership interest in the LLP
license(s) assigned to the rockfish cooperative and the percentage
ownership each person and individual holds in the LLP license(s).
(C) Processor associates of the rockfish cooperative--(1)
Identification. Full name; NMFS Person ID; facility name; ADF&G
processor code; SFP vessel name, ADF&G vessel registration number, and
USCG documentation number of vessel (if a vessel), and Federal
Processor Permit for each processing facility or vessel.
(2) Processor ownership documentation. Provide the names of all
persons, to the individual person level, holding an ownership interest
in the processor and the percentage ownership each person and
individual holds in the processor.
(D) Additional documentation. For the cooperative application to be
considered complete, the following documents must be attached to the
application:
(1) A copy of the business license issued by the state in which the
rockfish cooperative is registered as a business entity;
(2) A copy of the articles of incorporation or partnership
agreement of the rockfish cooperative;
(3) A copy of the rockfish cooperative agreement signed by the
members of the rockfish cooperative (if different from the articles of
incorporation or partnership agreement of the rockfish cooperative);
and
(4) Any article of incorporation or agreement submitted by the
rockfish cooperative must include terms that specify that:
(i) Eligible rockfish processor affiliated harvesters cannot
participate in price setting negotiations except as permitted by
general antitrust law; and
(ii) The rockfish cooperative must establish a monitoring program
sufficient to ensure compliance with the Rockfish Program.
(E) Applicant signature and certification. The applicant must sign
and date the application certifying that all information is true,
correct, and complete to the best of his/her knowledge and belief. If
the application is completed by an authorized representative, then
explicit authorization signed by the applicant must accompany the
application.
(ii) Issuance of CFQ. Issuance by NMFS of a CFQ permit is not a
determination that the rockfish cooperative is formed or is operating
in compliance with antitrust law.
(5) Application for the rockfish limited access fishery. An
eligible rockfish harvester who wishes to participate in the rockfish
limited access fishery for a calendar year must submit
[[Page 33086]]
an application for the rockfish limited access fishery.
(i) Contents of application for the rockfish limited access
fishery. A completed application must contain the following
information:
(A) Applicant identification. The applicant's name, NMFS person ID
(if applicable), tax ID or social security number (required), permanent
business mailing address, business telephone number, fax number, and e-
mail (if available);
(B) Indicate (YES or NO) whether the applicant is an eligible
rockfish harvester;
(C) Indicate (YES or NO) whether the applicant is participating in
the rockfish limited access fishery;
(D) Vessel identification. The name of the vessel, ADF&G vessel
registration number, USCG documentation number, and LLP license
number(s) held by the applicant and used on that vessel in this
rockfish limited access fishery;
(E) LLP holdership documentation. Provide the names of all persons,
to the individual person level, holding an ownership interest in the
LLP license assigned to the rockfish limited access fishery and the
percentage ownership each person and individual holds in the LLP
license; and
(F) The applicant must sign and date the application certifying
that all information is true, correct, and complete to the best of his/
her knowledge and belief. If the application is completed by an
authorized representative, then explicit authorization signed by the
applicant must accompany the application.
(ii) [Reserved]
(6) Application to opt-out. An eligible rockfish harvester who
wishes to opt-out of the Rockfish Program for a calendar year with an
LLP license assigned rockfish QS in the catcher/processor sector must
submit an application to opt-out.
(i) Contents of application to opt-out. A completed application
must contain the following information:
(A) Applicant identification. The applicant's name, NMFS person ID
(if applicable), tax ID or social security number (required), permanent
business mailing address, business telephone number, fax number, and e-
mail (if available);
(B) Indicate (YES or NO) whether the applicant is an eligible
rockfish harvester;
(C) Indicate (YES or NO) whether the applicant is opting-out of the
Rockfish Program;
(D) Indicate (YES or NO) whether the applicant holds an LLP license
with rockfish QS assigned to the catcher/processor sector;
(E) Vessel identification. The name of the vessel, ADF&G vessel
registration number, USCG documentation number, and LLP license
number(s) held by the applicant and used on that vessel;
(F) LLP holdership documentation. Provide the names of all persons,
to the individual level, holding an ownership interest in the LLP
license and the percentage ownership each person and individual holds
in the LLP license; and
(G) The applicant must sign and date the application certifying
that all information is true, correct, and complete to the best of his/
her knowledge and belief. If the application is completed by an
authorized representative, then explicit authorization signed by the
applicant must accompany the application.
(ii) [Reserved]
(7) Application for the entry-level fishery. An eligible entry
level harvester who wishes to participate in the entry-level fishery
must submit an application for the entry-level fishery.
(i) Contents of application for the entry-level fishery. A
completed application must contain the following information:
(A) Applicant information. The applicant's name, NMFS person ID (if
applicable), tax ID or social security number (required), permanent
business mailing address, and business telephone number, fax number,
and e-mail (if available);
(B) Indicate (YES or NO) whether applicant is a U.S. corporation,
partnership; association, or other business entity; if YES, enter the
date of incorporation;
(C) Vessel identification. For harvesters who are applying to
participate in the entry-level fishery, enter the name, ADF&G vessel
registration number, and USCG documentation number of the vessel to be
used in the entry-level fishery, and LLP license number(s) held by the
applicant and used on that vessel in the rockfish entry level fishery;
(D) Harvesters who are applying to participate in the entry-level
fishery must attach a statement from an eligible entry level processor
that affirms that the harvester has a market for any rockfish delivered
by that harvester in the entry-level fishery; and
(E) The applicant must sign and date the application certifying
that all information is true, correct, and complete to the best of his/
her knowledge and belief. If the application is completed by an
authorized representative, then explicit authorization signed by the
applicant must accompany the application.
(ii) [Reserved]
(8) Modification of vessels authorized to fish CFQ. (i) The
authorized representative of a rockfish cooperative must notify NMFS of
any change in the vessel(s) that are authorized to fish CFQ for that
rockfish cooperative from those indicated in the application for CFQ.
This notification must be made on an amended application for CFQ. This
amended application for CFQ would request that NMFS add or remove
vessels authorized to fish CFQ for that rockfish cooperative. Such a
change does not take effect until it is approved by NMFS through the
issuance of a revised CFQ permit.
(ii) This amended application for CFQ may be submitted at any time
after the initial issuance of CFQ to that rockfish cooperative for that
calendar year until:
(A) November 15; or
(B) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(iii) This modification to the application for CFQ may only be
submitted to NMFS using the following methods:
(A) Mail: Regional Administrator, c/o Restricted Access Management
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
(B) Fax: 907-586-7354; or
(C) Hand Delivery or Carrier: NMFS, Room 713, 709 West 9th Street,
Juneau, AK 99801.
(f) Transfer applications. A rockfish cooperative may transfer all
or part of its CFQ to another rockfish cooperative. This transfer
requires the submission of an application for inter-cooperative
transfer to NMFS. An eligible rockfish processor may transfer its
eligible rockfish processor permit. This transfer requires the
submission to NMFS of an application to transfer an processor
eligibility.
(1) Application for inter-cooperative transfer. NMFS will notify
the transferor and transferee once the application has been received
and approved. A transfer of CFQ is not effective until approved by
NMFS. A completed transfer of CFQ issued to a rockfish cooperative
requires that the following information be provided to NMFS in the
application for inter-cooperative transfer:
(i) Identification of transferor. Enter the name; NMFS Person ID;
name of rockfish cooperative's authorized representative; permanent
business mailing address; and business telephone number, fax number,
and e-mail address
[[Page 33087]]
(if available) of the rockfish cooperative transferor. A temporary
mailing address for each transaction may also be provided.
(ii) Identification of transferee. (A) Enter the name; NMFS Person
ID; name of rockfish cooperative's authorized representative; permanent
business mailing address; and business telephone number, fax number,
and e-mail address (if available) of the rockfish cooperative
transferee. A temporary mailing address for each transaction may also
be provided.
(B) Provide the names of all persons, to the individual person
level, holding a holdership interest in the LLP license(s) and the
percentage ownership each person holds in each LLP license.
(iii) Identification of rockfish cooperative member. Enter the name
and NMFS Person ID of the member(s) to whose use cap the rockfish
cooperative CFQ will be applied, and the amount of CFQ applied to each
member for purposes of applying use caps established under the Rockfish
Program under Sec. 679.82(a).
(iv) CFQ to be transferred. Identify the type and amount of Primary
species, secondary species, or rockfish halibut PSC CFQ to be
transferred.
(v) Certification of transferor. The rockfish cooperative
transferor's authorized representative must sign and date the
application certifying that all information is true, correct, and
complete to the best of his or her knowledge and belief. Also enter the
printed name of the rockfish cooperative transferor's authorized
representative. If the application is completed by an authorized
representative, then explicit authorization signed by the applicant
must accompany the application.
(vi) Certification of transferee. The rockfish cooperative
transferee's authorized representative must sign and date the
application certifying that all information is true, correct, and
complete to the best of his or her knowledge and belief. Also enter the
printed name of the rockfish cooperative transferee's authorized
representative. If the application is completed by an authorized
representative, then explicit authorization signed by the applicant
must accompany the application.
(2) Application to transfer processor eligibility. NMFS will notify
the transferor and transferee once the application has been received
and approved. A transfer is not effective until approved by NMFS. A
completed transfer of processor eligibility requires that the following
information be provided to NMFS in the application to transfer
processor eligibility:
(i) Identification of transferor. Enter the name; NMFS Person ID;
permanent business mailing address; and business telephone number, fax
number, and e-mail address (if available). A temporary mailing address
for each transaction may also be provided in addition to the permanent
business mailing address. Enter the facility name of SFP, ADF&G
processor code, and FPP for each processing facility for which that
processor eligibility applies. Enter the name of the community in which
that processor eligibility applies.
(ii) Identification of transferee. Enter the name; NMFS Person ID;
permanent business mailing address; and business telephone number, fax
number, and e-mail address (if available) of the transferee. A
temporary mailing address for each transaction may also be provided.
Enter the facility name or SFP, ADF&G processor code, and FPP for each
processing facility where that processor eligibility will apply. Enter
the name of the community in which that processor eligibility will be
used.
(iii) Certification of transferor. The processor eligibility
transferor's authorized representative must sign and date the
application certifying that all information is true, correct, and
complete to the best of his or her knowledge and belief. Also enter the
printed name of the processor eligibility transferor's authorized
representative. If the application is completed by an authorized
representative, then explicit authorization signed by the applicant
must accompany the application.
(iv) Certification of transferee. The processor eligibility
transferee's authorized representative must sign and date the
application certifying that all information is true, correct, and
complete to the best of his or her knowledge and belief. Also enter the
printed name of the processor eligibility transferee's authorized
representative. If the application is completed by an authorized
representative, then explicit authorization signed by the applicant
must accompany the application.
(g) Transfer of processor eligibility--(1) General. An eligible
rockfish processor may transfer eligibility to receive and process
under the Rockfish Program to another person only by submitting an
application to transfer processor eligibility that is subsequently
approved by NMFS.
(2) Limitation on use of processor eligibility. Any person becoming
an eligible rockfish processor by transfer may not receive fish
harvested under the Rockfish Program outside of the community listed by
the original recipient of the processor eligibility in the application
to participate in the Rockfish Program under Sec. 679.80(e)(4)(ii)(C).
(3) Non-severability of processor eligibility. An eligible rockfish
processor permit may not be divided or suballocated.
(h) Maximum retainable amount (MRA) limits--(1) Rockfish
cooperative. A rockfish cooperative may harvest groundfish species not
allocated as CFQ up to the MRA for that species as established in Table
30 to this part.
(2) Catcher/processor sector rockfish limited access fishery. An
eligible rockfish harvester in the catcher/processor rockfish limited
access fishery may harvest groundfish species other than primary
rockfish species up to the MRA for that species as established in Table
30 to this part.
(3) Catcher vessel sector rockfish limited access fishery. An
eligible rockfish harvester in the catcher vessel rockfish limited
access fishery may harvest groundfish species other than primary
rockfish species up to the MRA for that species as established in Table
30 to this part.
(4) Opt-out fishery. An eligible rockfish harvester in the opt-out
fishery may harvest groundfish species other than primary rockfish
species up to the MRA for that species as established in Table 10 to
this part.
(5) Rockfish entry level fishery. An eligible entry level harvester
in the rockfish entry level fishery may harvest groundfish species
other than primary rockfish species up to the MRA for that species as
established in Table 10 to this part.
(6) Maximum retainable amounts (MRA). (i) The MRAs for an
incidental catch species for vessels participating in a rockfish
cooperative, or a rockfish limited access fishery, is calculated as a
proportion of the total allocated primary rockfish species on board the
vessel in round weight equivalents using the retainable percentages in
Table 30 to this part; except that:
(ii) In the catcher vessel sector, shortraker and rougheye rockfish
are incidental catch species and are limited to an aggregate MRA of 2.0
percent of the retained weight of all primary rockfish species during
that fishing trip.
(iii) Once the amount of shortraker rockfish retained in the
catcher vessel sector is equal to 9.72 percent of the shortraker
rockfish TAC in the Central GOA regulatory area, then shortraker
rockfish may not be retained by the catcher vessel sector.
(iv) In the rockfish limited access fishery for the catcher/
processor sector, shortraker and rougheye rockfish are incidental catch
species and are limited to an aggregate MRA of 2.0 percent of
[[Page 33088]]
the retained weight of all primary rockfish species during that fishing
trip.
(v) Once the amount of shortraker rockfish retained in the catcher/
processor sector is equal to 30.03 percent of the shortraker rockfish
TAC in the Central GOA regulatory area, then shortraker rockfish may
not be retained in the rockfish limited access fishery in the catcher/
processor sector.
(vi) Once the amount of rougheye rockfish retained in the catcher/
processor sector is equal to 58.87 percent of the rougheye rockfish TAC
in the Central GOA regulatory area, then rougheye rockfish may not be
retained in the rockfish limited access fishery in the catcher/
processor sector.
(i) Rockfish cooperative--(1) General. This section governs the
formation and operation of rockfish cooperatives. The regulations in
this section apply only to rockfish cooperatives that have formed for
the purpose of applying for and fishing with CFQ issued annually by
NMFS. Members of rockfish cooperatives should consult counsel before
commencing any activity if the members are uncertain about the legality
under the antitrust laws of the rockfish cooperative's proposed
conduct. Membership in a rockfish cooperative is voluntary. No person
may be required to join that rockfish cooperative. Upon receipt of
written notification that a person is eligible and wants to join a
rockfish cooperative, that rockfish cooperative must allow that person
to join subject to the terms and agreements that apply to the members
of the cooperative as established in the contract governing the conduct
of the rockfish cooperative. Members may leave a rockfish cooperative,
but any CFQ contributed by the rockfish QS held by that member remains
with that rockfish cooperative for the remainder of the calendar year.
If a person becomes the holder of an LLP license that has been assigned
to a rockfish cooperative, then that person may join that rockfish
cooperative upon receipt of that LLP license.
(2) Legal and organizational requirements. A rockfish cooperative
must meet the following legal and organizational requirements before it
is eligible to receive CFQ:
(i) Each rockfish cooperative must be formed as a partnership,
corporation, or other legal business entity that is registered under
the laws of one of the 50 states or the District of Columbia;
(ii) Each rockfish cooperative must appoint an individual as
authorized representative to act on the rockfish cooperative's behalf
and serve as contact point for NMFS for questions regarding the
operation of the rockfish cooperative. The authorized representative
may be a member of the rockfish cooperative, if an individual person,
or some other individual authorized by the rockfish cooperative to act
on its behalf;
(iii) Each rockfish cooperative must submit a complete and timely
application for CFQ;
(iv) Each rockfish cooperative must meet the mandatory requirements
established in paragraphs (i)(3) and (4) of this section applicable to
that rockfish cooperative.
(3) Mandatory requirements. The following table describes the
requirements to form a rockfish cooperative in the catcher vessel or
catcher/processor sector.
------------------------------------------------------------------------
Catcher/processor
Requirement Catcher vessel sector vessel sector
------------------------------------------------------------------------
(i) Who may join a Only persons who are eligible rockfish
rockfish cooperative? harvesters may join a rockfish cooperative.
Persons who are not eligible rockfish
harvesters may be employed by, or serve as the
authorized representative of a rockfish
cooperative, but are not members of the
rockfish cooperative.
(ii) What is the No minimum requirement. 2 LLP licenses
minimum number of LLP assigned rockfish QS
licenses that must be in the catcher/
assigned to form a processor sector.
rockfish cooperative? These licenses can be
held by one or more
persons.
(iii) Is an association Yes. An eligible No.
with an eligible rockfish harvester may
rockfish processor only be a member of a
required? rockfish cooperative
formed in association
with an eligible
rockfish processor to
which the harvester
made the plurality of
legal rockfish
landings assigned to
the LLP license(s)
during the applicable
processor qualifying
period chosen by an
eligible rockfish
processor in the
application to
participate in the
Rockfish Program.
(iv) What if an That eligible rockfish N/A.
eligible rockfish harvester can assign
harvester did not that LLP license to
deliver any legal any rockfish
rockfish landings cooperative.
assigned to an LLP
license to an eligible
rockfish processor
during a processor
qualifying period?
(v) What is the The processor N/A.
processor qualifying qualifying period is
period? the four of five years
from 1996 through 2000
that are used to
establish the legal
rockfish landings that
are considered for
purposes of
establishing an
association with an
eligible rockfish
processor. Each
eligible rockfish
processor will select
a processor qualifying
period in the
application to
participate in the
Rockfish Program. The
processor qualifying
period may not be
changed once selected
for that eligible
rockfish processor,
including upon
transfer of processor
eligibility. The same
processor qualifying
period will be used
for all LLP licenses
to determine the legal
rockfish landings that
are considered for
purposes of eligible
rockfish harvesters
establishing an
association with an
eligible rockfish
processor.
[[Page 33089]]
(vi) Is there a minimum Yes. A rockfish No.
amount of rockfish QS cooperative must be
that must be assigned assigned rockfish QS
to a rockfish that represents at
cooperative for it to least 75 percent of
be allowed to form? all the legal rockfish
landings of primary
rockfish species
delivered to that
eligible rockfish
processor during the
four years selected by
that processor.
(vii) What is allocated CFQ for primary rockfish species, secondary
to the rockfish species, and rockfish halibut PSC, based on
cooperative? the
rockfish QS assigned to all of the LLP license
that are assigned to the cooperative.
(viii) Is this CFQ an Yes, the members of the rockfish cooperative
exclusive harvest have an exclusive harvest privilege to
privilege? collectively
catch this CFQ, or a cooperative can transfer
all or a portion of this CFQ to another
rockfish
cooperative.
(ix) Is there a season Yes, any vessel designated to catch CFQ for a
during which rockfish cooperative is limited to catching
designated vessels CFQ
must catch CFQ? during the season beginning on 1200 hours
A.l.t. on May 1 through 1200 hours A.l.t. on
November 15.
(x) Can any vessel No. only vessels that are named on the
catch a rockfish application for CFQ for that rockfish
cooperative's CFQ? cooperative,
including any vessels named on amendment(s) to
that application, can catch the CFQ
assigned to that rockfish cooperative.
(xi) Can the member of No, only the rockfish cooperative, and not
a rockfish cooperative individual members, may transfer its CFQ to
transfer CFQ another rockfish cooperative, but only if that
individually without transfer is approved by NMFS as established
the approval of the under paragraph (i) of this section.
other members of the
rockfish cooperative.
(xii) Can a rockfish N/A. No, sideboard limits
cooperative in the are limits applicable
catcher/processor to that rockfish
sector transfer a cooperative, and may
sideboard to that not be transferred
rockfish cooperative? among rockfish
cooperative.
(xiii) Is there a hired No, there is no hired N/A.
master requirement? master requirement.
(xiv) Can an LLP No. An LLP license can only be assigned to one
license be reassigned rockfish cooperative in a calendar year. An
to more than one eligible rockfish harvester holding multiple
rockfish cooperative LLP licenses may assign different LLP licenses
in a calendar year? to different rockfish cooperatives subject to
any other restrictions that may apply.
(xv) Can an eligible No. An eligible N/A.
rockfish processor be rockfish processor can
associated with more only associate with
than one rockfish one rockfish
cooperative? cooperative per year.
A person who is
permitted as an
eligible rockfish
processor based on
holdings of more than
one processing history
would be issued a
separate eligible
rockfish processor
permit for that
processing history and
may be able to form an
association with a
rockfish cooperative
as a separate and
distinct eligible
rockfish processor
subject to any other
restrictions that may
apply.
(xvi) Can an LLP No. Once an LLP license
license be assigned to is assigned to a
a rockfish cooperative rockfish cooperative,
and the rockfish any rockfish QS
limited access fishery assigned to that LLP
or opt-out fishery? license yields CFQ to
that rockfish
cooperative for the
calendar year.
(xvii) Which members That is determined by
may harvest the the rockfish
rockfish cooperative's cooperative contract
CFQ? signed by its members.
Any violations of this
contract by one
cooperative member may
be subject to civil
claims by other
members of the
rockfish cooperative.
(xviii) Does a rockfish Yes, a rockfish cooperative must have a
cooperative need a membership agreement or contract that
contract? specifies
how the rockfish cooperative intends to
harvest its CFQ. A copy of this agreement or
contract must be submitted with the
application for CFQ.
(xix) What happens if A rockfish cooperative
the rockfish is not authorized to
cooperative exceeds catch fish in excess
its CFQ amount? of its CFQ. Exceeding
a CFQ is a violation
of the regulations.
Each member of the
rockfish cooperative
is jointly and
severally liable for
any violations of the
Program regulations
while fishing under
authority of a CFQ
permit. This liability
extends to any persons
who are hired to catch
or receive CFQ
assigned to a rockfish
cooperative. Each
member of a rockfish
cooperative is
responsible for
ensuring that all
members of the
rockfish cooperative
comply with all
regulations applicable
to fishing under the
Rockfish Program.
(xx) Is there a limit Yes, generally, a No, but a catcher/
on how much CFQ a rockfish cooperative processor vessel is
rockfish cooperative may not hold or use still subject to any
may hold or use? more than 30 percent vessel use caps that
of the aggregate may apply. See Sec.
primary rockfish 679.82(a) for the use
species CFQ assigned cap provisions that
to the catcher vessel apply.
sector for that
calendar year. See
Sec. 679.82(a) for
the provisions that
apply.
[[Page 33090]]
(xxi) Is there a limit No. However, a vessel Yes, generally, no
on how much CFQ a may not catch more CFQ vessel may harvest
vessel may harvest? than the CFQ assigned more than 60 percent
to that rockfish of the aggregate
cooperative. primary rockfish
species TAC assigned
to the catcher/
processor sector for
that calendar year,
unless subject to an
exemption. See Sec.
679.82(a) for the
provisions that
apply.
(xxii) If my vessel is (A) Any vessel authorized to harvest the CFQ
fishing in a directed assigned to a rockfish cooperative must count
flatfish fishery in any catch of primary rockfish species,
the Central GOA and I secondary species, or rockfish halibut PSC
catch groundfish and against
halibut PSC, does that that rockfish cooperative's CFQ from May 1
count against the until November 15, or until the authorized
rockfish cooperative's representative of that rockfish cooperative
CFQ? has submitted a rockfish cooperative
Termination
of Fishing Declaration that has been approved
by NMFS.
(B) Groundfish harvests would not be debited
against the rockfish cooperative's CFQ if the
vessel is not authorized to harvest CFQ. In
this case, any catch of halibut would be
attributed
to the halibut PSC limit for that directed
target fishery and gear type.
(xxiii) Can my The rockfish cooperatives formed under the
cooperative negotiate Rockfish Program are intended to conduct and
prices for me? coordinate harvest activities for their
members. Rockfish cooperatives formed under
the
Rockfish Program are subject to existing
antitrust laws. Collective price negotiation
by a
rockfish cooperative must be conducted in
accordance with existing antitrust laws.
(xxiv) Are there any Yes, each year a rockfish cooperative must
special reporting submit an annual rockfish cooperative report
requirements? to
NMFS by December 15 of each year. The annual
rockfish cooperative report may be made
available to NMFS by mailing a copy to NMFS:
Regional Administrator, P.O. Box 21668,
Juneau, AK 99802.
(xxv) What is required The annual rockfish cooperative report must
in the annual rockfish include at a minimum:
cooperative report? (A) The rockfish cooperative's CFQ, sideboard
limit (if applicable), and any rockfish
sideboard
fishery harvests made by the vessels in the
rockfish cooperative on a vessel-by-vessel
basis;
(B) The rockfish cooperative's actual retained
and discarded catch of CFQ, and sideboard
limit
on an area-by-area and vessel-by-vessel basis;
(C) A description of the method used by the
rockfish cooperative to monitor fisheries in
which
rockfish cooperative vessels participated;
(D) A description of any civil actions taken by
the rockfish cooperative in response to any
mem-
bers that exceeded their allowed catch.
------------------------------------------------------------------------
(4) Additional mandatory requirements--(i) Calculation of minimum
legal rockfish landings for forming a rockfish cooperative. If an
eligible rockfish harvester holds an LLP license with rockfish QS for
the catcher vessel sector that does not have any legal rockfish
landings associated with an eligible rockfish processor from January 1,
1996, through December 31, 2000, during the fishery seasons established
in Table 28 to this part, that eligible rockfish harvester may join any
rockfish cooperative with that LLP license. Any such eligible rockfish
harvester that joins a rockfish cooperative may not be considered as
contributing an amount of legal rockfish landings necessary to meet a
minimum of 75 percent of the total legal rockfish landings that were
delivered to that eligible rockfish processor during the four calendar
years selected by that eligible rockfish processor for the purposes of
establishing the minimum legal rockfish landings required to form a
rockfish cooperative.
(ii) Restrictions on fishing CFQ assigned to a rockfish
cooperative. A person fishing for CFQ assigned to a rockfish
cooperative must maintain a copy of the CFQ permit aboard any vessel
that is being used to harvest any primary rockfish species, or
secondary species, or uses any rockfish halibut PSC.
(iii) Transfer of CFQ among rockfish cooperatives. Rockfish
cooperatives may transfer CFQ during a calendar year with the following
restrictions:
(A) A rockfish cooperative may only transfer CFQ to another
rockfish cooperative;
(B) A rockfish cooperative may only receive CFQ from another
rockfish cooperative;
(C) A rockfish cooperative in the catcher vessel sector may not
transfer any CFQ to a rockfish cooperative in the catcher/processor
sector;
(D) A rockfish cooperative receiving primary rockfish species CFQ
by transfer must assign that primary rockfish species CFQ to a
member(s) of the rockfish cooperative for the purposes of calculating
the amount of primary rockfish species CFQ held by that member for
application of the use caps established under Sec. 679.82(a);
(E) A rockfish cooperative may not transfer any sideboard limit
assigned to that rockfish cooperative; and
(F) A rockfish cooperative may not receive any CFQ by transfer
after NMFS has approved a rockfish cooperative Termination of Fishing
Declaration that was submitted by that rockfish cooperative.
(5) Use of CFQ. (i) A rockfish cooperative in the catcher vessel
sector may not use a primary rockfish species CFQ in excess of the
amounts specified in Sec. 679.82(a).
(ii) Rockfish cooperative primary rockfish species CFQ transferred
to another rockfish cooperative will apply to the use caps of a named
member(s) of the rockfish cooperative receiving the CFQ, as specified
in the transfer application.
(A) Each pound of CFQ must be assigned to a member of the rockfish
cooperative receiving the CFQ for purposes of use cap calculations. No
member of a rockfish cooperative may not exceed the CFQ use cap
applicable to that member.
(B) For purposes of CFQ use cap calculation, the total amount of
CFQ held or used by a person is equal to all pounds of CFQ assigned to
that person by the rockfish cooperative from approved transfers.
(C) The amount of rockfish QS held by a person, and CFQ derived
from that rockfish QS is calculated using the individual and collective
use cap rule established in Sec. 679.82(a).
(6) Successors-in-interest. If a member of a rockfish cooperative
dies (in the case of an individual) or dissolves (in the case of a
business entity), the LLP license(s) and associated rockfish QS held by
that person will be transferred to the legal successor-in-interest
under the procedures described at Sec. 679.4(k)(6)(iv)(A). However,
the CFQ
[[Page 33091]]
derived from that rockfish QS and assigned to the rockfish cooperative
for that year from that person remains under the control of the
rockfish cooperative for the duration of that calendar year. Each
rockfish cooperative is free to establish its own internal procedures
for admitting a successor-in-interest during the fishing season to
reflect the transfer of an LLP license and associated rockfish QS, or
the transfer of the processor eligibility due to the death or
dissolution of a rockfish cooperative member or associated eligible
rockfish processor.
Sec. 679.82 Rockfish Program use caps and sideboard limits.
(a) Use caps--(1) General. Use caps limit the amount of rockfish QS
and CFQ of primary rockfish species that may be held or used, and the
amount of primary rockfish species TAC that may be received, by an
eligible rockfish processor. Use caps may not be exceeded unless the
entity subject to the use cap is specifically allowed to exceed a cap
according to the criteria established under this paragraph (a) or by an
operation of law. There are three types of use caps: person use caps;
vessel use caps; and processor use caps. Person use caps limit the
maximum amount of aggregate rockfish QS a person may hold and the
maximum amount of aggregate primary rockfish species CFQ that a person
may hold or use. Person use caps apply to eligible rockfish harvesters
and rockfish cooperatives. Vessel use caps limit the maximum amount of
aggregate primary rockfish species CFQ that a vessel operating as a
catcher/processor may harvest. Processor use caps limit the maximum
amount of aggregate primary rockfish species that may be received or
processed by an eligible rockfish processor. All rockfish QS use caps
are based on the aggregate primary rockfish species initial rockfish QS
pool established by NMFS. The use caps apply as follows:
(2) Eligible rockfish harvester use cap. An eligible rockfish
harvester may not individually or collectively hold or use more than:
(i) Five (5.0) percent of the aggregate rockfish QS initially
assigned to the catcher vessel sector and resulting CFQ unless that
eligible rockfish harvester qualifies for an exemption to this use cap
under paragraph (a)(6) of this section;
(ii) Twenty (20.0) percent of the aggregate rockfish QS initially
assigned to the catcher/processor sector and resulting CFQ unless that
eligible rockfish harvester qualifies for an exemption to this use cap
under paragraph (a)(6) of this section.
(3) CFQ use cap for rockfish cooperatives in the catcher vessel
sector. A rockfish cooperative may not individually or collectively
hold or use an amount of CFQ that is greater than the amount derived
from 30.0 percent of the aggregate rockfish QS initially assigned to
the catcher vessel sector unless all members of that rockfish
cooperative qualify for an exemption to this use cap under paragraph
(a)(6) of this section.
(4) CFQ use cap for a vessel in the catcher/processor sector. A
vessel harvesting CFQ in the catcher/processor sector may not harvest
an amount of CFQ that is greater than the amount derived from 60.0
percent of the aggregate rockfish QS initially assigned to the catcher/
processor unless the CFQ harvested by that vessel is derived from the
rockfish QS assigned to an LLP licence that was used on that vessel
prior to June 6, 2005, and that LLP license is assigned rockfish QS
that results in CFQ in excess of the use cap.
(5) Primary rockfish species use cap for eligible rockfish
processors. (i) An eligible rockfish processor may not receive or
process in excess of 30.0 percent of the aggregate primary rockfish
species TAC, including CFQ, assigned to the catcher vessel sector
unless the eligible rockfish processor is receiving or processing CFQ
assigned to a rockfish cooperative and the members of that rockfish
cooperative qualify for an exemption to this CFQ use cap under
paragraph (a)(6) of this section.
(ii) The amount of aggregate primary rockfish species TAC that is
received by an eligible rockfish processor is calculated based on the
sum of all aggregate primary rockfish species TAC, including CFQ,
received or processed by that eligible rockfish processor and the
aggregate primary rockfish species TAC received or processed by any
entity in which that eligible rockfish processor has a ``10 percent or
greater direct or indirect ownership interest for purposes of the
Rockfish Program'' as that term is defined in Sec. 679.2.
(6) Use cap exemptions--(i) Rockfish QS. An eligible rockfish
harvester may receive an initial allocation of aggregate rockfish QS in
excess of the use cap in that sector only if that rockfish QS is
assigned to LLP license(s) held by that eligible rockfish harvester
prior to June 6, 2005.
(ii) Transfer limitations. (A) An eligible rockfish harvester that
receives an initial allocation of aggregate rockfish QS that exceeds
the use cap listed in paragraph (a)(2) of this section shall not
receive any rockfish QS by transfer unless and until that person's
holdings of aggregate rockfish QS in that sector are reduced to an
amount below the use cap specified in paragraph (a)(2) of this section.
(B) If an eligible rockfish harvester transfers an LLP license and
assigned rockfish QS to another person, the eligible rockfish harvester
that transferred that LLP license may not hold more than the amount of
rockfish QS held by that eligible rockfish harvester after the transfer
or the rockfish QS use cap established in paragraph (a)(2) of this
section, whichever is greater.
(C) An eligible rockfish harvester that receives an initial
allocation of aggregate rockfish QS that exceeds the use cap listed in
paragraph (a)(2) of this section may not be allowed to receive any
rockfish QS by transfer or have any CFQ attributed to that eligible
rockfish harvester in a rockfish cooperative unless and until that
person's holdings of aggregate rockfish QS in that sector are reduced
to an amount below the use cap specified in paragraph (a)(2) of this
section.
(iii) CFQ. An rockfish cooperative may use CFQ in excess of the use
cap in that sector only if that CFQ is derived from the rockfish QS
assigned to an LLP licence that was held by that eligible rockfish
harvester prior to June 6, 2005.
(b) Rockfish limited access fishery--(1) General. (i) An eligible
rockfish harvester may use an LLP license and assigned rockfish QS in
the appropriate rockfish limited access fishery only if:
(A) That person submitted a complete and timely application for the
rockfish limited access fishery that is approved by NMFS; or
(B) That LLP is not assigned to a rockfish cooperative for that
calendar year, and that person has not submitted a complete and timely
application to opt-out of the Rockfish Program that is approved by
NMFS.
(ii) [Reserved]
(2) Limited access fishery sectors. (i) If an LLP license with
rockfish QS in the catcher vessel sector is assigned to a limited
access fishery, it is assigned to the catcher vessel rockfish limited
access fishery.
(ii) If an LLP license with a rockfish QS in the catcher/processor
sector is assigned a limited access fishery, it is assigned to the
catcher/processor rockfish limited access fishery.
(3) Primary rockfish species harvest limit. All vessels that are
participating in a rockfish limited access fishery may harvest an
amount of primary rockfish species not greater than the TAC assigned to
that primary rockfish
[[Page 33092]]
species for the rockfish limited access fishery in that sector.
(4) Secondary species allocations. Secondary species shall be
managed based on an MRA as established under Table 30 to this part.
(5) Rockfish halibut PSC allocations. Halibut caught by vessels in
the rockfish limited access fishery shall be accounted against the
halibut PSC allocation to the deep water species fishery complex for
trawl gear for that seasonal apportionment for that sector. If the
halibut PSC limit in the deep water fishery complex has been reached or
exceeded for that seasonal apportionment for that sector, the rockfish
limited access fishery will be closed until deep water species fishery
complex halibut PSC is available for that sector.
(6) Opening of the rockfish limited access fishery. The Regional
Administrator maintains the authority to not open a rockfish limited
access fishery if he deems it appropriate for conservation or other
management measures. Factors such as the total allocation, anticipated
harvest rates, and number of participants will be considered in making
any such decision.
(c) Opt-out fishery. An eligible rockfish harvester who holds an
LLP license and who submits an application to opt-out with that LLP
licence that is subsequently approved by NMFS may not fish in any
directed fishery for any primary rockfish species in the Central GOA
and adjacent waters open by the State of Alaska for which it adopts a
Federal fishing season with any vessel named on that LLP license.
(d) Sideboard limitations--General. The regulations in this section
restrict the holders of LLP licenses eligible to receive rockfish QS
from using the increased flexibility provided by the Rockfish Program
to expand their level of participation in other groundfish fisheries.
These limitations are commonly known as ``sideboards.''
(1) Notification of affected vessel owners and LLP license holders.
After NMFS determines which vessels and LLP licenses meet the criteria
described in paragraphs (d) through (h)of this section, NMFS will
inform each vessel owner and LLP license holder in writing of the type
of sideboard limitation and issue a revised Federal Fisheries Permit
and/or LLP license that displays the limitation on the face of the
permit or LLP license.
(2) Appeals. A vessel owner or LLP license holder who believes that
NMFS has incorrectly identified his or her vessel or LLP license as
meeting the criteria for a sideboard limitation may make a contrary
claim and provide evidence to NMFS. All claims must be submitted in
writing to the RAM Program, Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802-1668, together with any documentation or evidence
supporting the request within 30 days of being notified by NMFS of the
sideboard limitation. If NMFS finds the claim is unsupported, the claim
will be denied in an Initial Administrative Determination (IAD). The
affected persons may appeal this IAD using the procedures described at
Sec. 679.43.
(3) Classes of sideboard restrictions. There are several types of
sideboard restrictions that apply under the Rockfish Program:
(i) General sideboard restrictions as described under this
paragraph (d);
(ii) Catcher vessel sideboard restrictions as described under
paragraph (e) of this section;
(iii) Catcher/processor rockfish cooperative sideboard restrictions
as described under paragraph (f) of this section;
(iv) Catcher/processor limited access sideboard restrictions as
described under paragraph (g) of this section; and
(v) Catcher/processor opt-out sideboard restrictions as described
under paragraph (h) of this section.
(4) General sideboard restrictions. General sideboard restrictions
apply to fishing activities during July 1 through July 31 of each year
in each fishery as follows:
(i) Directed fishing for Pacific ocean perch, pelagic shelf
rockfish, and northern rockfish fisheries in the regulatory area of the
Western GOA and adjacent waters open by the State of Alaska for which
it adopts a Federal fishing season;
(ii) Directed fishing for Pacific ocean perch, pelagic shelf
rockfish, and northern rockfish fisheries in the Western Yakutat
District and adjacent waters open by the State of Alaska for which it
adopts a Federal fishing season; and
(iii) The use of halibut PSC in the following directed fisheries in
the West Yakutat District, Central GOA, and Western GOA and adjacent
waters open by the State of Alaska for which it adopts a Federal
fishing season:
(A) Rex sole;
(B) Deep water flatfish;
(C) Arrowtooth flounder;
(D) Shallow water flatfish; and
(E) Flathead sole.
(5) Vessels and LLP licenses subject to general and halibut PSC
sideboard limitations. (i) The sideboard fishing limitations described
in paragraph (d) of this section apply both to the fishing vessel
itself and to any LLP license derived in whole or in part from the
history of that vessel. The sideboard limitations apply to any vessel
named on that LLP license. These sideboard restrictions apply even if
an LLP license holder did not submit an application to participate in
the Rockfish Program but that LLP license is otherwise eligible to
receive rockfish QS under the Rockfish Program based on legal rockfish
landings.
(ii) Except as described in paragraph (d)(5)(iii) of this section,
the owner of any vessel that NMFS has determined meets one of the
following criteria is subject to groundfish directed fishing sideboard
limits and halibut mortality sideboard limits issued under this
paragraph (d):
(A) Any vessel whose legal rockfish landings could generate
rockfish QS;
(B) Any LLP license under whose authority legal rockfish landings
were made;
(C) Any vessel named on an LLP license that was generated in whole
or in part by the legal rockfish landings of a vessel meeting the
criteria in paragraph (d)(5) of this section.
(iii) Any AFA vessel that is not exempt from GOA groundfish
sideboards under the AFA as specified under Sec. 679.63(b)(1)(i)(B) is
exempt from the sideboard limits in this paragraph (d).
(6) Determination of general sideboard ratios. (i) Separate
sideboard ratios for each rockfish sideboard fishery are established
for the catcher vessel and the catcher/processor sectors. The general
sideboard ratio for each fishery is determined according to the
following table:
--------------------------------------------------------------------------------------------------------------------------------------------------------
The sideboard limit for the
For the management area of the . . . In the directed fishery for . catcher-processor sector is . The sideboard limit for the catcher vessel sector
. . . . is . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
West Yakutat District................. Pelagic Shelf Rockfish........ 72.4 percent of the TAC...... 1.7 percent of the TAC.
Pacific ocean perch........... 76.0 percent of the TAC...... 2.9 percent of the TAC.
Western GOA........................... Pelagic Shelf Rockfish........ 63.3 percent of the TAC...... 0.0 percent of the TAC.
Pacific ocean perch........... 61.1 percent of the TAC...... *
[[Page 33093]]
Northern Rockfish............. 78.9 percent of the TAC...... 0.0 percent of the TAC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Not released due to confidentiality requirements on fish ticket data established by the State of Alaska.
(ii) Each rockfish cooperative in the catcher/processor sector will
be assigned a sideboard limit for that rockfish cooperative as a
percentage of the general sideboard ratio for that fishery in that
catcher/processor sector.
(iii) The sideboard ratios that are applicable for each general
sideboarded fishery for a rockfish cooperative in the catcher/processor
sector are calculated by dividing the aggregate retained catch of that
fishery, from July 1 through July 31 in each year from 1996 through
2002, caught by vessels in that rockfish cooperative that are subject
to directed fishing closures under this paragraph (d), by the total
retained catch from July 1 through July 31 in each year from 1996
through 2002 caught by all groundfish vessels in that sector.
(7) Management of annual sideboard limits--(i) Sideboard directed
fishing allowance. (A) If the Regional Administrator determines that an
annual sideboard limit for a general rockfish sideboard fishery has
been or will be reached, the Regional Administrator may establish a
directed fishing allowance for the species or species group applicable
only to the group of vessels to which the general sideboard limit
applies. A directed fishing allowance that is established for a
rockfish cooperative in the catcher/processor sector may be fished only
by that rockfish cooperative to which it is assigned.
(B) If the Regional Administrator determines that a sideboard limit
is insufficient to support a directed fishing allowance for that
species or species group, then the Regional Administrator may set the
directed fishing allowance to zero for that species or species group
for that sector or rockfish cooperative, as applicable.
(ii) Directed fishing closures. Upon attainment of a general
directed fishing sideboard limit, the Regional Administrator will
publish notification in the Federal Register prohibiting directed
fishing for the species or species group in the specified sector,
regulatory area, or district.
(8) Determination of halibut PSC sideboard ratios. (i) Sideboards
for halibut PSC are established for the catcher vessel and the catcher/
processor sectors separately. Sideboard limits for halibut PSC are
calculated for each rockfish cooperative in the catcher/processor
sector separately. The halibut PSC sideboard limit for each sector is
established according to the following table:
----------------------------------------------------------------------------------------------------------------
The annual shallow-water
For the management area in the . And for following sector The annual deep-water complex halibut PSC
. . . . . complex halibut PSC sideboard limit is . . .
sideboard limit is . . .
----------------------------------------------------------------------------------------------------------------
Western GOA...................... Catcher/Processor Sector. 1.56 percent of the GOA 0.16 percent of the GOA
annual halibut annual halibut
mortality limit. mortality limit.
Catcher Vessel Sector.... 0.00 percent of the GOA 0.00 percent of the GOA
annual halibut annual halibut
mortality limit. mortality limit.
Central GOA...................... Catcher/Processor Sector. 1.78 percent of the GOA 0.37 percent of the GOA
annual halibut annual halibut
mortality limit. mortality limit.
Catcher Vessel Sector.... 0.98 percent of the GOA 6.14 percent of the GOA
annual halibit annual halibut
mortality limit. mortality limit.
West Yakutat District............ Catcher/Processor Sector. 0.65 percent of the GOA 0.01 percent of the GOA
annual halibut annual halibut
mortality limit. mortality limit.
Catcher Vessel Sector.... 0.10 percent of the GOA 0.18 percent of the GOA
annual halibut annual halibut
mortality limit. mortality limit.
----------------------------------------------------------------------------------------------------------------
(ii) Each rockfish cooperative in the catcher/processor sector will
be assigned a sideboard for that rockfish cooperative as a percentage
of the halibut PSC sideboard limit for the catcher/processor sector.
The catcher/processor sector not in a rockfish cooperative will receive
the portion of the halibut PSC sideboard limit not assigned to rockfish
cooperatives.
(9) Management of halibut PSC sideboard limits--(i) Halibut PSC
sideboard limits. The resulting halibut PSC sideboard limits expressed
in metric tons will be published in the annual GOA groundfish harvest
specification notices.
(A) If the Regional Administrator determines that a halibut PSC
sideboard limit is sufficient to support a directed fishery for
groundfish specified under paragraph (d)(1)(ii) of this section for a
particular sector, then the Regional Administrator may establish a
halibut PSC sideboard limit for the species complex applicable only to
the group of vessels in that sector to which the halibut PSC sideboard
limit applies. A halibut PSC sideboard limit that is established for a
rockfish cooperative in the catcher/processor sector may be fished only
by that rockfish cooperative in the catcher/processor sector to which
it is assigned.
(B) If the Regional Administrator determines that a halibut PSC
sideboard limit is insufficient to support a directed fishery for a
groundfish fishery specified under paragraph (d)(1)(ii) of this section
for a particular sector, then the Regional Administrator may set the
halibut PSC sideboard limit to zero for that sector or rockfish
cooperative in the catcher/processor sector for that species complex.
(ii) Directed fishing closures. Upon determining that a halibut PSC
sideboard limit is or will be reached, the Regional Administrator will
publish notification in the Federal Register prohibiting directed
fishing for the species or species complex in the specified sector,
rockfish cooperative in the catcher/processor sector, regulatory area,
or district. The specific directed fishing closures that will be
implemented if a halibut PSC sideboard limit is reached are:
(A) If the shallow-water halibut PSC sideboard limit for a sector
or rockfish cooperative in the catcher/processor sector is reached,
then NMFS will close directed fishing in that management area for:
(1) Flathead sole; and
(2) Shallow water flatfish.
(B) If the deep-water halibut PSC sideboard limit is reached for a
sector,
[[Page 33094]]
or rockfish cooperative in the catcher/processor sector is reached,
then NMFS will close directed fishing in that management area for:
(1) Rex sole;
(2) Deep water flatfish; and
(3) Arrowtooth flounder.
(iii) Halibut PSC accounting. The halibut PSC sideboard limit in
the deep-water species complex in the GOA from July 1 through July 31
will include any halibut mortality occurring under a CFQ permit or in a
rockfish limited access fishery.
(e) Sideboard provisions for catcher vessels--(1) General. In
addition to the sideboard provisions that apply under paragraph (d) of
this section, except as described in paragraph (d)(5)(iii) of this
section, the following additional sideboards apply to catcher vessels.
(2) Catcher vessels subject to catcher vessel sideboard limits. Any
catcher vessel that NMFS has determined meets any of the following
criteria is subject to the provisions under this paragraph (e):
(i) Any catcher vessel whose legal rockfish landings could be used
to generate rockfish QS for the catcher vessel sector in the Rockfish
Program;
(ii) Any catcher vessel named on an LLP license under which catch
history was used to qualify that LLP license for eligibility in the
Rockfish Program; or
(iii) Any catcher vessel named on an LLP license that was generated
in whole or in part by the legal rockfish landings of a catcher vessel.
(3) Prohibition for directed fishing in BSAI groundfish fisheries
during July. Vessels subject to the provisions of this paragraph (e)
may not participate in directed fishing in the BSAI and adjacent waters
open by the State of Alaska for which it adopts a Federal fishing
season from July 1 through July 31 in any of the following directed
fisheries:
(i) Alaska plaice;
(ii) Arrowtooth flounder;
(iii) Flathead sole;
(iv) Other flatfish;
(v) Pacific ocean perch;
(vi) Rock sole; and
(vii) Yellowfin sole.
(4) Limitation on directed fishing for BSAI Pacific cod in July--
(i) Applicability. Vessels subject to the provisions of this paragraph
(e) are limited to a BSAI Pacific cod sideboard limit during July 1
through July 31.
(ii) Determination of BSAI Pacific cod sideboard ratio. The
sideboard ratio for the BSAI Pacific cod fishery is calculated by
dividing the aggregate retained catch of BSAI Pacific cod from July 1
through July 31 in each year from 1996 through 2002 caught by catcher
vessels that are subject to the BSAI Pacific cod sideboard under this
paragraph (e), by the total retained catch of BSAI Pacific cod caught
by all groundfish trawl catcher vessels from July 1 through July 31 in
each year from 1996 through 2002.
(iii) Conversion of BSAI Pacific cod sideboard ratio into sideboard
limits. NMFS will convert BSAI Pacific cod sideboard ratios into annual
sideboard limits according to the following procedures:
(A) Sideboard amount determination. Each year, the sideboard limit
for BSAI Pacific cod from July 1 through July 31 is established by
multiplying the sideboard ratios calculated under this paragraph (e) by
the final TACs in each sector and gear type for which a TAC is
specified. The resulting harvest limits expressed in metric tons will
be published in the annual BSAI groundfish harvest specification
notice.
(B) Management of the sideboard. (1) If the Regional Administrator
determines that a limit for the BSAI Pacific cod sideboard fishery has
been or will be reached, then the Regional Administrator may establish
a BSAI Pacific cod directed fishing allowance applicable only to the
group of vessels to which the BSAI Pacific cod sideboard limit applies.
(2) If the Regional Administrator determines that a limit is
insufficient to support a directed fishery for BSAI Pacific cod, then
the Regional Administrator may set the BSAI Pacific cod sideboard
directed fishing allowance at zero.
(5) Directed fishing closures. Upon determination that a BSAI
Pacific cod sideboard limit is, or will be reached, the Regional
Administrator will publish notification in the Federal Register
prohibiting directed fishing for the species.
(f) Sideboard provisions--catcher/processor rockfish cooperative
provisions--(1) General. In addition to the sideboard provisions that
apply under paragraph (d) of this section, the following additional
sideboard limits under paragraph (f) of this section apply to any
catcher/processor vessels and LLP licenses that are participating in a
rockfish cooperative in the catcher/processor sector.
(2) Vessels subject to rockfish cooperative sideboard provisions.
Any vessel that NMFS has determined meets any of the following criteria
is subject to groundfish sideboard directed fishing closures issued
under paragraph (f) of this section:
(i) Any catcher/processor vessel whose legal rockfish landings were
used to qualify for the Rockfish Program and the vessel named on that
LLP license is assigned to a rockfish cooperative;
(ii) Any catcher/processor vessel named on an LLP license under
which catch history was used to qualify that LLP license for the
Rockfish Program and that LLP license is used in a rockfish
cooperative; or
(iii) Any catcher/processor vessel named on an LLP license
specified in an application for CFQ.
(3) Prohibition from fishing in BSAI groundfish fisheries. A vessel
subject to a rockfish cooperative sideboard provision under this
paragraph (f) may not participate in directed groundfish fisheries in
the BSAI and adjacent waters open by the State of Alaska for which it
adopts a Federal fishing season between July 1 and July 14 except for
sablefish harvested under the IFQ Program and pollock.
(4) Prohibitions for fishing in GOA groundfish fisheries. A vessel
subject to a rockfish cooperative sideboard provision under this
paragraph (f) may not participate in any directed groundfish fishery in
the GOA and adjacent waters open by the State of Alaska for which it
adopts a Federal fishing season except sablefish harvested under the
IFQ Program:
(i) From July 1 through July 14 if:
(A) Any vessel in the rockfish cooperative does not meet monitoring
standards established under paragraph (f)(4)(iii) of this section; and
(B) The rockfish cooperative has harvested any CFQ of any primary
rockfish species prior to July 1.
(ii) From July 1 until 90 percent of the rockfish cooperative's
primary rockfish species CFQ has been harvested if:
(A) Any vessel in the rockfish cooperative does not meet monitoring
standards established under paragraph (f)(4)(iii) of this section; and
(B) The rockfish cooperative has not harvested any CFQ prior to
July 1.
(iii) The prohibition on fishing in any directed groundfish fishery
in the GOA and adjacent waters open by the State of Alaska for which it
adopts a Federal fishing season except sablefish harvested under the
IFQ Program does not apply if all vessels in the rockfish cooperative
maintain an adequate monitoring plan during all fishing for any CFQ or
any directed sideboard fishery as required under Sec. 679.84(c)
through (e).
(g) Sideboard provisions--catcher/processor limited access
provisions--(1) General. In addition to the sideboard provisions that
apply under paragraph (d) of this section, the following sideboard
limits under paragraph (g) of this section apply to any catcher/
processor vessels and LLP licenses that
[[Page 33095]]
are used in the rockfish limited access fishery for the catcher/
processor sector.
(2) Vessels subject to rockfish limited access fishery sideboard
provisions. Any vessel that NMFS has determined meets any of the
following criteria is subject to groundfish sideboard directed fishing
closures issued under paragraph (g) of this section.
(i) Any catcher/processor vessel whose legal rockfish landings were
used to qualify for the Rockfish Program and the vessel named on that
LLP license is assigned to a catcher/processor rockfish limited access
fishery;
(ii) Any catcher/processor vessel named on an LLP license under
which catch history was used to qualify that LLP license for the
Rockfish Program and that LLP license is used in the catcher/processor
rockfish limited access fishery;
(iii) Any catcher/processor vessel named on an LLP license
specified in an application for the rockfish limited access fishery for
the catcher/processor sector; or
(iv) Any vessel named on an LLP license with legal rockfish
landings in the catcher/processor sector if that LLP license is not
specified in an application for CFQ or an application to opt-out.
(3) Prohibition from directed fishing in GOA and BSAI groundfish
fisheries. If a vessel named on an LLP license used in the rockfish
limited access fishery that has been assigned rockfish QS greater than
an amount equal to 5 percent of the Pacific ocean perch rockfish QS
allocated to the catcher/processor sector, then that vessel may not
participate in any:
(i) GOA groundfish fishery and adjacent waters open by the State of
Alaska for which it adopts a Federal fishing season other than
sablefish harvested under the IFQ Program; or
(ii) BSAI groundfish fishery and adjacent waters open by the State
of Alaska for which it adopts a Federal fishing season other than
sablefish harvested under the IFQ Program or pollock, from July 1 until
90 percent of the Central GOA Pacific ocean perch that is allocated to
the rockfish limited access fishery for the catcher/processor sector
has been harvested.
(h) Sideboard provisions--catcher/processor opt-out provisions--(1)
General. In addition to the sideboard provisions that apply under
paragraph (d) of this section, the following sideboards under paragraph
(h) of this section apply to any catcher/processor vessels and LLP
licenses that have submitted an application to opt-out that is
subsequently approved by NMFS.
(2) Vessels subject to opt-out sideboard provisions. (i) Any
catcher/processor vessel whose legal rockfish landings were used to
qualify for the Rockfish Program and the vessel named on that LLP
license is assigned to the opt-out fishery;
(ii) Any catcher/processor vessel named on an LLP license under
which catch history was used to qualify that LLP license for the
Rockfish Program and that LLP license is used in the opt-out fishery;
or
(iii) Any catcher/processor vessel named on an LLP license
specified in an application to opt-out.
(3) Prohibitions on Central GOA rockfish directed harvest by opt-
out vessels. Any vessel that is subject to the opt-out sideboard
restriction under this paragraph (h) is prohibited from directed
fishing for the following species in the following management areas:
(i) Central GOA northern rockfish and adjacent waters open by the
State of Alaska for which it adopts a Federal fishing season;
(ii) Central GOA Pacific ocean perch and adjacent waters open by
the State of Alaska for which it adopts a Federal fishing season; and
(iii) Central GOA pelagic shelf rockfish and adjacent waters open
by the State of Alaska for which it adopts a Federal fishing season.
(4) Prohibitions on directed fishing in GOA groundfish fisheries
without previous participation. (i) Any vessel that is subject to the
opt-out sideboard restriction under paragraph (c) of this section is
prohibited from directed fishing in any groundfish fishery in the GOA
and adjacent waters open by the State of Alaska for which it adopts a
Federal fishing season (except sablefish harvested under the IFQ
Program) from July 1 through July 14 of each year if that vessel has
not participated in that directed groundfish fishery in any two years
from 1996 through 2002 during the following time periods:
(A) June 30, 1996 through July 6, 1996;
(B) June 29, 1997 through July 5, 1997;
(C) June 28, 1998 through July 4, 1998;
(D) July 4, 1999 through July 10, 1999;
(E) July 8, 2000 through July 15, 2000;
(F) July 1, 2001 through July 7, 2001; and
(G) June 30, 2002 through July 6, 2002.
(ii) For purposes of this paragraph (h), participation in a fishery
in Statistical Area 650 during a time period specified in paragraph
(h)(4)(i) of this section shall be considered as participation in that
same fishery in Statistical Area 640 during that time period.
Sec. 679.83 Rockfish Program entry level fishery.
(a) Rockfish entry level fishery--(1) General. An eligible entry
level harvester and eligible entry level processor may participate in
the rockfish entry level fishery under the following regulations under
this section:
(i) Trawl catcher vessels. Trawl catcher vessels participating in
the rockfish entry level fishery may collectively harvest, prior to
September 1, an amount not greater than 50 percent of the total
allocation to the rockfish entry level fishery as calculated under
Sec. 679.81(a)(2). Allocations to trawl catcher vessels shall be made
first from the allocation of Pacific ocean perch available to the
rockfish entry level fishery. If the amount of Pacific ocean perch
available for allocation is less than the total allocation allowable
for trawl catcher vessels in the rockfish entry level fishery, then
northern rockfish and pelagic shelf rockfish shall be allocated to
trawl catcher vessels.
(ii) Fixed gear vessels. Fixed gear vessels participating in the
rockfish entry level fishery may collectively harvest, prior to
September 1, an amount not greater than 50 percent of the total
allocation to the rockfish entry level fishery as calculated under
Sec. 679.81(a)(2). Allocations of Pacific ocean perch, northern
rockfish, and pelagic shelf rockfish to fixed gear vessels shall be
made after the allocation to trawl catcher vessels.
(iii) Secondary species allocations. Secondary species shall not be
allocated to the rockfish entry level fishery. Secondary species shall
be managed based on a MRA for the target species as described in Table
10 to this part.
(iv) Halibut PSC allocations--trawl vessels. Halibut PSC from trawl
vessels in the rockfish entry level fishery shall be accounted against
the allocation to the deep water species fishery complex for that
seasonal apportionment. If the Halibut PSC allocation in the deep water
fishery complex has been achieved or exceeded for that seasonal
apportionment, the rockfish entry level fishery for trawl vessels will
be closed until deep water species fishery complex halibut PSC is
available.
(v) Halibut PSC allocations-fixed gear vessels. Halibut PSC from
fixed gear vessels in the rockfish entry level fishery shall be
accounted against the allocation to the other non-trawl fishery
category for that seasonal apportionment. If the Halibut PSC allocation
in the other non-trawl fishery category has been reached or exceeded
for that seasonal apportionment, the rockfish entry level fishery for
fixed gear vessels will be closed until deep water
[[Page 33096]]
species fishery complex halibut PSC is available.
(2) Reallocation among trawl and fixed gear vessels. Any allocation
of Pacific ocean perch, northen rockfish, or pelagic shelf rockfish
that has not been harvested by 1200 hours A.l.t. on September 1, may be
harvested by either trawl or fixed gear vessels in the rockfish entry
level fishery.
(3) Opening of the rockfish entry level fishery. The Regional
Administrator maintains the authority to not open the rockfish entry
level fishery if he deems it appropriate for conservation or other
management measures. Factors such as the total allocation, anticipated
harvest rates, and number of participants will be considered in making
any such decision.
(b) [Reserved]
Sec. 679.84 Rockfish Program recordkeeping, permits, monitoring, and
catch accounting.
(a) Recordkeeping and reporting. See Sec. 679.5(r).
(b) Permits. See Sec. 679.4(m).
(c) Catch monitoring requirements for catcher/processors. The
requirements under paragraphs (c)(1) through (9) of this section apply
to any catcher/processor vessel participating in a rockfish cooperative
or the rockfish limited access fishery, or subject to a sideboard limit
as described in this section. At all times when a vessel has groundfish
aboard that were harvested under a CFQ permit, harvested during a
rockfish limited access fishery, or harvested by a vessel subject to a
sideboard limit as described under Sec. 679.82(d) through (h) of this
section, as applicable, the vessel owner or operator must ensure that:
(1) Catch weighing. All groundfish are weighed on a NMFS-approved
scale in compliance with the scale requirements at Sec. 679.28(b).
Each haul must be weighed separately and all catch must be made
available for sampling by a NMFS-certified observer.
(2) Observer sampling station. An observer sampling station meeting
the requirements at Sec. 679.28(d) is available at all times.
(3) Observer coverage requirements. The vessel in compliance with
the observer coverage requirements described at Sec. 679.50(c)(7)(i).
(4) Operational line. The vessel has no more than one operational
line or other conveyance for the mechanized movement of catch between
the scale used to weigh total catch and the location where the observer
collects species composition samples.
(5) Fish on deck. No fish are allowed to remain on deck unless an
observer is present, except for fish inside the codend and fish
accidentally spilled from the codend during hauling and dumping.
(6) Sample storage. The vessel owner or operator provides
sufficient space to accommodate a minimum of 10 observer sampling
baskets. This space must be within or adjacent to the observer sample
station.
(7) Pre-cruise meeting. The Observer Program Office is notified by
phone at 1-907-271-1702 at least 24 hours prior to departure when the
vessel will be carrying an observer who had not previously been
deployed on that vessel. Subsequent to the vessel's departure
notification, but prior to departure, NMFS may contact the vessel to
arrange for a pre-cruise meeting. The pre-cruise meeting must minimally
include the vessel operator or manager.
(8) Belt and flow operations. The vessel operator stops the flow of
fish and clear all belts between the bin doors and the area where the
observer collects samples of unsorted catch when requested to do so by
the observer.
(9) Vessel crew in tanks or bins. The vessel owner must comply with
the requirements specified in paragraph (c)(9)(i) of this section
unless the vessel owner has elected, and had approved by NMFS at the
time of the annual observer sampling station inspection, one of the two
monitoring options described at paragraph (c)(9)(ii) or (iii) of this
section.
(i) Option 1--No crew in bin or tank. No crew may enter any bin or
tank preceding the point where the observer samples unsorted catch,
unless:
(A) The flow of fish has been stopped between the tank and the
location where the observer samples unsorted catch;
(B) All catch has been cleared from all locations between the tank
and the location where the observer samples unsorted catch;
(C) The observer has been given notice the vessel crew must enter
the tank;
(D) The observer is given the opportunity to observe the activities
of the person(s) in the tank; and,
(E) The observer informs the vessel operator, or his designee that
all sampling has been completed for a given haul, in which case crew
may enter a tank containing fish from that haul without stopping the
flow of fish or clearing catch between the tank and the observer
sampling station.
(ii) Option 2--Line of sight option. From the observer sampling
station and the location from which the observer samples unsorted
catch, an observer of average height (between 64 and 74 inches (140 and
160 cm)) must be able to see all areas of the bin or tank where crew
could be located preceding the point where the observer samples catch.
If clear panels are used to comply with this requirement, those panels
must be maintained with sufficient clarity to allow an individual with
normal vision to read text located two feet inside of the bin or tank.
The text must be written in 87 point type (corresponding to line four
on a standard Snellen eye chart) and the text must be readable from the
observer sampling station and the location from which the observer
collects unsorted catch. The observer must be able to view the
activities of crew in the bin while collecting unsorted catch or
processing their sample.
(iii) Option 3--Video option. A vessel must provide and maintain
cameras, a monitor, and a digital video recording system for all areas
of the bin or tank where crew could be located preceding the point
where the observer samples catch. The vessel owner or operator must
ensure that:
(A) The system has sufficient data storage capacity to store all
video data from an entire trip. Each frame of stored video data must
record a time/date stamp. At a minimum, all periods of time when fish
are inside the bin must be recorded and stored;
(B) The system must include at least one external USB (1.1 or 2.0)
hard drive and use commercially available software;
(C) Color cameras must have at a minimum 420 TV lines of
resolution, a lux rating of 0.1, and auto-iris capabilities;
(D) The video data must be maintained and made available to NMFS
staff, or any individual authorized by NMFS, upon request. These data
must be retained onboard the vessel for no less than 120 days after the
beginning of a trip, unless NMFS has notified the vessel operator that
the video data may be retained for less than this 120 day period;
(E) The system provides sufficient resolution and field of view to
see and read a text sample written in 130 point type (corresponding to
line two of a standard Snellen eye chart) from any location within the
tank where crew could be located;
(F) The system is recording at a speed of no less than 5 frames per
second at all times when fish are inside the tank;
(G) A 16-bit or better color monitor, for viewing activities within
the tank in real time, must be provided within the observer sampling
station and have the capacity to display all cameras simultaneously.
That monitor must be operating at all times when fish are in the tank.
The monitor must be placed at
[[Page 33097]]
or near eye level and provide the same resolution as specified in
paragraph (c)(9)(iii)(E) of this section;
(H) The observer is able to view any earlier footage from any point
in the trip and is assisted by crew knowledgeable in the operation of
the system in doing so;
(I) The vessel owner has, in writing, provided the Regional
Administrator with the specifications of the system. At a minimum, this
must include:
(1) The length and width (in pixels) of each image;
(2) The file type in which the data are recorded;
(3) The type and extent of compression;
(4) The frame rate at which the data will be recorded;
(5) The brand and model number of the cameras used;
(6) The brand, model, and specifications of the lenses used;
(7) A scale drawing of the location of each camera and its coverage
area;
(8) The size and type of storage device;
(9) The type, speed, and operating system of any computer that is
part of the system;
(10) The individual or company responsible for installing and
maintaining the system;
(11) The individual onboard the vessel responsible for maintaining
the system and working with the observer on its use; and
(12) Any additional information requested by the Regional
Administrator.
(J) Any change to the video system that would affect the system's
functionality be submitted to, and approved by the Regional
Administrator in writing before that change is made.
(iv) Failure of line of sight or video option. If the observer
determines that a monitoring option selected by a vessel owner or
operator specified in paragraph (c)(9)(ii) or (c)(9)(iii) of this
section fails to provide adequate monitoring of all areas of the bin
where crew could be located, then the vessel shall use the monitoring
option specified in paragraph (c)(9)(i) of this section until the
observer determines that adequate monitoring of all areas of the bin
where crew could be located is provided by the monitoring option
selected by the vessel owner or operator.
(d) Catch monitoring requirements for catcher vessels. The owner
and operator of a catcher vessel must ensure the vessel complies with
the observer coverage requirements described at Sec. 679.50(c)(7)(ii)
at all times the vessel is participating in a rockfish cooperative,
rockfish limited access fishery, or rockfish sideboard fishery
described in this section.
(e) Catch monitoring requirements for shoreside and stationary
floating processors--(1) Catch monitoring and control plan (CMCP). The
owner or operator of a shoreside or stationary floating processor
receiving deliveries from a catcher vessel described at Sec.
679.50(c)(7)(ii) must ensure the shoreside or stationary floating
processor complies with the CMCP requirements described at Sec.
679.28(g).
(2) Catch weighing. All groundfish landed by catcher vessels
described at Sec. 679.50(c)(7)(ii) must be sorted, weighed on a scale
approved by the State of Alaska as described at Sec. 679.28(c), and be
made available for sampling by a NMFS-certified observer. The observer
must be allowed to test any scale used to weigh groundfish to determine
its accuracy.
(3) Notification requirements. The plant manager or plant liaison
must notify the observer of the offloading schedule for each delivery
of groundfish harvested in a Rockfish Program fishery at least 1 hour
prior to offloading. An observer must be available to monitor each
delivery of groundfish harvested in a Rockfish Program fishery. The
observer must be available the entire time the delivery is being
weighed or sorted.
(f) Catch accounting--(1) Primary rockfish species and secondary
species. All primary rockfish species and secondary species harvested,
including harvests in adjacent waters open by the State of Alaska for
which it adopts a Federal fishing season, by a vessel that is named on
an LLP license that is assigned to a rockfish cooperative and fishing
under a CFQ permit will be debited against the CFQ for that rockfish
cooperative from May 1:
(i) Until November 15; or
(ii) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
(2) Rockfish halibut PSC. All rockfish halibut PSC used by a
vessel, including halibut PSC used in the adjacent waters open by the
State of Alaska for which it adopts a Federal fishing season, that is
named on an LLP license that is assigned to a rockfish cooperative and
fishing under a CFQ permit will be debited against the CFQ for that
rockfish cooperative from May 1:
(i) Until November 15; or
(ii) Until the authorized representative of that rockfish
cooperative has submitted a rockfish cooperative termination of fishing
declaration that has been approved by NMFS.
[[Page 33098]]
(3) Groundfish sideboard limits. All groundfish harvested by a
vessel, including groundfish harvested in the adjacent waters open by
the State of Alaska for which it adopts a Federal fishing season, that
is subject to a sideboard limit for that groundfish species as
described under Sec. 679.82(d) through (h), as applicable, from July 1
until July 31 will be debited against the sideboard limit established
for that sector or rockfish cooperative, as applicable.
(4) Halibut sideboard limits. All halibut PSC used by a vessel,
including halibut PSC used in the adjacent waters open by the State of
Alaska for which it adopts a Federal fishing season, that is subject to
a sideboard limit as described under Sec. 679.82(d) through (h), as
applicable, from July 1 until July 31 will be debited against the
sideboard limit established for that sector or rockfish cooperative, as
applicable.
10. In part 679, Tables 28, 29, and 30 are added to read as
follows:
Table 28 to Part 679.--Qualifying Season Dates in the Central GOA Primary Rockfish Fisheries
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Year
A legal rockfish landing includes --------------------------------------------------------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Northern rockfish that were July 1-July 20....... July 1-July 10....... July 1-July 14....... July 1-July 19 and July 4-July 26....... July 1-July 23 and June 30-July 21.
harvested between; Aug. 6-Aug. 10. Oct. 1-Oct. 21.
and landed by................ July 27.............. July 17.............. July 21.............. July 26 and Aug. 17, Aug. 2............... July 30 and Oct. 28, July 28.
respectively. respectively.
Pelagic shelf rockfish that were July 1-Aug. 7, and July 1-July 20....... July 1-July 19....... July 1-Sept. 3....... July 4-July 26....... July 1-July 23 and June 30-July 21.
harvested between; Oct. 1-Dec. 2. Oct. 1-Oct. 21.
and landed by................ Aug. 14 and Dec. 9, July 27.............. July 26.............. Sept. 10............. Aug. 2............... July 30 and Oct. 28, July 28.
respectively. respectively.
Pacific ocean perch that were July 1-July 11....... July 1-July 7........ July 1-July 6 and July 1-July 11 and July 4-July 15....... July 1-July 12...... June 30-July 8.
harvested between; July 12-July 14. Aug. 6-Aug. 8.
and landed by................ July 18.............. July 14.............. July 13 and July 21, July 18 and Aug. 15, July 22.............. July 19............. July 15.
respectively. respectively.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 29 to Part 679.--Initial Rockfish QS Pools
----------------------------------------------------------------------------------------------------------------
Aggregate primary
Initial rockfish QS Northern rockfish Pelagic shelf Pacific ocean perch species initial
pol rockfish rockfish QS pool
----------------------------------------------------------------------------------------------------------------
Initial Rockfish QS 9,193,183 units. 7,672,008 units. 18,121,812 units. 34,987,002 units.
Pool
Initial Rockfish QS Based on the Official Rockfish Program Record on December 31, 2006.
Pool for the Catcher/
Process or Sector.
Initial Rockfish QS Based on the Official Rockfish Program Record on December 31, 2006.
Pool for the Catcher
Vessel Sector.
----------------------------------------------------------------------------------------------------------------
Table 30 to Part 679.--Rockfish Program Retainable Percentages
[In round wt. equivalent]
----------------------------------------------------------------------------------------------------------------
MRA as a
percentage of
total retained
Fishery Incidental catch species Sector primary
rockfish
species
----------------------------------------------------------------------------------------------------------------
Rockfish Cooperative Fishery........ Pacific Cod................. Catcher/Processor........... 4.0
Shortraker/Rougheye Catcher Vessel.............. 2.0
aggregate catch.
See Non-Allocated Secondary species for ``other species.''
Rockfish Limited Access Fishery..... Pacific Cod................. Catcher Vessel.............. 8.0
Pacific Cod................. Catcher/Processor........... 4.0
Sablefish (trawl gear)...... Catcher/Processor and 3.0
Catcher Vessel.
Shortraker/Rougheye Catcher/Processor and 2.0
aggregate catch. Catcher Vessel.
Northern Rockfish........... Catcher/Processor and 4.0
Catcher Vessel.
Pelagic Shelf Rockfish...... Catcher/Processor and 4.0
Catcher Vessel.
Pacific ocean perch......... Catcher/Processor and 4.0
Catcher Vessel.
See Non-Allocated Secondary species for other species.
Non-Allocated Secondary Species for Pollock..................... Catcher/Processor and 20.0
Rockfish Cooperatives and Rockfish Deep-Water flatfish......... Catcher Vessel. 20.0
Limited Access Fisheries. Rex Sole.................... Catcher/Processor and 20.0
Flathead Sole............... Catcher Vessel. 20.0
Catcher/Processor and
Catcher Vessel.
Catcher/Processor and
Catcher Vessel.
Shallow-water flatfish...... Catcher/Processor and 20.0
Catcher Vessel.
Arrowtooth.................. Catcher/Processor and 35.0
Catcher Vessel.
Other Rockfish.............. Catcher/Processor and 15.0
Catcher Vessel.
Atka Mackerel............... Catcher/Processor and 20.0
Catcher Vessel.
[[Page 33099]]
Aggregated forage fish...... Catcher/Processor and 2.0
Catcher Vessel.
Skates...................... Catcher/Processor and 2.0
Catcher Vessel.
Other Species............... Catcher/Processor and 2.0
Catcher Vessel.
Fixed gear Rockfish Entry Level See Table 10 to this part.
Fishery.
Trawl Rockfish Entry Level Fishery.. See Table 10 to this part.
Opt-out Fishery..................... See Table 10 to this part.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 06-5104 Filed 6-6-06; 8:45 am]
BILLING CODE 3510-22-P