(a) Foreign fishing for groundfish. Regulations governing U.S. nationals fishing in the Russian fisheries are set forth in part 300 of chapter III of this title.

(b) Domestic fishing for groundfish. (1) The conservation and management of groundfish in waters of the territorial sea and internal waters of the State of Alaska are governed by the Alaska Administrative Code at 5 AAC Chapter 28 and by the Alaska Statutes at Title 16.

(2) Alaska Administrative Code (5 AAC 39.130) governs reporting and permitting requirements using ADF&G “Intent to Operate” and “Fish Tickets.”

(c) Halibut. Additional regulations governing the conservation and management of halibut are set forth in subpart E of part 300 of chapter III of this title.

(d) King and Tanner crab. Additional regulations governing conservation and management of king crab and Tanner crab in the Bering Sea and Aleutian Islands Area are contained in Alaska Statutes at A.S. 16 and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39.

(e) Incidental catch of marine mammals. Regulations governing exemption permits and the recordkeeping and reporting of the incidental take of marine mammals are set forth in § 216.24 and part 229 of this title.

(f) Domestic fishing for high seas salmon. (1) Additional regulations governing the conservation and management of high seas salmon are set forth in § 600.705 of this chapter.

(2) This part does not apply to fishing for salmon by vessels other than vessels of the United States conducted under subpart H, part 660 (West Coast Salmon Fisheries) under the North Pacific Fisheries Act of 1954, 16 U.S.C. 1021-1035, concerning fishing for salmon seaward of Washington, Oregon, and California.

(3) The High Seas Salmon Fishery is administered in close coordination with ADF&G's administration of the State of Alaska's regulations governing the salmon troll fishery off Southeast Alaska. Because no commercial fishing for salmon is allowed in the EEZ west of Cape Suckling, all commercial salmon fishing west of Cape Suckling must take place in Alaska's territorial sea and, consequently, is subject to Alaska's management authority.

(4) For State of Alaska statutes and regulations governing commercial fishing, see Alaska Statutes, title 16—Fish and Game; title 5 of the Alaska Administrative Code, chapters 1-39.

(5) For State of Alaska regulations specifically governing the salmon troll fishery, see 5 Alaska Administrative Code 30 (Yakutat Area), and 5 Alaska Administrative Code 33 (Southeastern Alaska Area).

(6) For State of Alaska statutes and regulations governing sport and personal use salmon fishing other than subsistence fishing, see Alaska Statutes, title 16—Fish and Game; 5 Alaska Administrative Codes 42.010 through 75.995.

(7) For State of Alaska statutes and regulations governing subsistence fishing, see Alaska Statutes, title 16—Fish and Game; 5 Alaska Administrative Codes 01, 02, 39, and 99.010.

(g) Scallops. Additional regulations governing conservation and management of scallops off Alaska are contained in Alaska Statutes A.S. 16 and Alaska Administrative Code at 5 AAC Chapter 38.

(a) General requirements—(1) Application. (i) A person may obtain or renew an application for any of the permits under this section and must mail completed forms to the Chief, RAM Division.

(ii) Upon receipt of an incomplete or improperly completed permit application, the Chief, RAM Division, will notify the applicant of the deficiency in the permit application. If the applicant fails to correct the deficiency, the permit will not be issued. No permit will be issued to an applicant until a complete application is received.

(iii) A separate application must be completed for each vessel, processor, or buying station and a copy must be retained of each completed or revised application.

(iv) The information requested on the application must be typed or printed legibly.

(2) Amended applications. An owner, operator, or manager who applied for and received a permit under this section must notify the Chief, RAM Division, in writing, of any change in the information within 10 days of the date of that change.

(3) Alteration. No person may alter, erase, or mutilate any permit, card, or document issued under this section. Any such permit, card, or document that is intentionally altered, erased, or mutilated is invalid.

(4) Disclosure. NMFS will maintain a list of permitted processors that may be disclosed for public inspection.

(5) Sanctions and denials. Procedures governing permit sanctions and denials are found at subpart D of 15 CFR part 904.

(6) Harvesting privilege. Quota shares, permits, or licenses issued pursuant to this part are neither a right to the resource nor any interest that is subject to the “takings” provision of the Fifth Amendment to the U.S. Constitution. Rather, such quota shares, permits, or licenses represent only a harvesting privilege that may be revoked or amended subject to the requirements of the Magnuson-Stevens Act and other applicable law.

(b) Federal Fisheries permit—(1) Groundfish. No vessel of the United States may be used to fish for groundfish in the GOA or BSAI unless the owner first obtains a Federal fisheries permit for the vessel, issued under this part. A Federal fisheries permit is issued without charge.

(2) Non-groundfish. A vessel of the United States that fishes in the GOA or BSAI for any non-groundfish species, including but not limited to halibut, crab, salmon, scallops, and herring, and that does not retain any bycatch of groundfish is not required to obtain a Federal fisheries permit under this part.

(3) Vessel operations categories. (i) A Federal fisheries permit authorizes a vessel to conduct operations in the GOA and BSAI as a catcher vessel, catcher/processor, mothership, tender vessel, or support vessel.

(ii) A vessel may be issued a Federal fisheries permit as a support vessel or as any combination of the other four categories (catcher vessel, catcher/processor, mothership, tender vessel). A vessel permitted as a catcher vessel, catcher/processor, mothership, or tender vessel also may conduct all operations authorized for a support vessel.

(4) Duration. (i) A Federal fisheries permit is issued on a 3-year cycle and is in effect from the date of issuance through the end of the current NMFS 3-year cycle, unless it is revoked, suspended, or modified under § 600.735 or § 600.740 of this chapter.

(ii) A Federal fisheries permit is surrendered when the original permit is submitted to and received by the NMFS Enforcement Office in Juneau, AK.

(5) Application. A complete application for a Federal fisheries permit must include the following information for each vessel:

(i) Amended permit. If application is for an amended permit, the current Federal fisheries permit number and information that has changed.

(ii) Vessels. The complete name and homeport (city and state) of the vessel; the ADF&G vessel number; the USCG documentation number or Alaska registration number; the vessel's LOA and registered net tonnage; and the telephone, fax, and COMSAT (satellite communication) numbers used on board the vessel.

(iii) Owner information. The owner of the vessel must record the owner's name, permanent business mailing address, telephone and fax numbers; and the name of any company (other than the owner) that manages the operations of the vessel or shoreside processor.

(iv) Federal fisheries permit information. The owner of the vessel must record:

(A) The fishery or fisheries and the vessel operations category for which the permit would apply, as set forth under paragraph (b)(3) of this section.

(B) If a catcher vessel or catcher/processor, the gear type(s) used for groundfish operations.

(C) If a catcher vessel, whether groundfish is retained only as bycatch from halibut, crab, or salmon fisheries; and whether sablefish is the only groundfish targeted in the GOA.

(D) If a mothership or catcher/processor, whether inshore or offshore, to indicate component in which Pacific cod in the GOA or pollock will be processed for the entire fishing year.

(v) Signature. The owner of the vessel must sign and date the application.

(6) Issuance. (i) Except as provided in subpart D of 15 CFR part 904, upon receipt of a properly completed permit application, the Regional Administrator will issue a Federal fisheries permit required by this paragraph (b).

(ii) The Regional Administrator will send the Federal fisheries permit to the applicant with the appropriate logbooks, as provided under § 679.5.

(7) Amended application. If the application for an amended permit required under this section designates a change or addition of a vessel operations category, the amended permit must be on board the vessel before the new type of operations begins.

(8) Transfer. A Federal fisheries permit issued under this paragraph (b) is not transferable or assignable and is valid only for the vessel for which it is issued.

(9) Inspection. (i) An original Federal fisheries permit issued under this paragraph (b) must be carried on board the vessel whenever the vessel is fishing. Photocopied or faxed copies are not considered originals.

(ii) A permit issued under this paragraph (b) must be presented for inspection upon the request of any authorized officer.

(c) Moratorium permits (applicable through December 31, 1998—(1) General—(i) Applicability. Except as provided under paragraph (c)(2) of this section, any vessel used to catch and retain any moratorium crab species or to conduct directed fishing for any moratorium groundfish species must have a valid moratorium permit issued for that vessel under this part on board the vessel at all times it is engaged in fishing activities.

(ii) Duration. The moratorium permit is valid for the duration of the moratorium, unless otherwise specified.

(iii) Validity. A moratorium permit issued under this part is valid only if:

(A) The vessel's LOA does not exceed the maximum LOA as specified in § 679.2;

(B) The vessel's moratorium qualification has not been transferred;

(C) The permit has not been revoked or suspended under 15 CFR part 904;

(D) The permit is endorsed for all gear types on board the vessel; and

(E) The permit's term covers the fishing year in which the vessel is fishing.

(iv) Inspection. A moratorium permit must be presented for inspection upon the request of any authorized officer.

(2) Moratorium exempt vessels. (i) A moratorium exempt vessel is not subject to the moratorium permit requirement of paragraph (c)(1) of this section and is not eligible for a moratorium permit.

(ii) A moratorium exempt vessel may catch and retain moratorium species, provided it complies with the permit requirements of the State of Alaska with respect to moratorium crab species, Federal permit requirements in this part with respect to moratorium groundfish species, and other applicable Federal and State of Alaska regulations.

(3) Moratorium exempt vessel categories. A moratorium exempt vessel is a vessel in any of the following categories:

(i) Vessels other than catcher vessels or catcher/processor vessels.

(ii) Catcher vessels or catcher/processor vessels less than or equal to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish in the GOA.

(iii) Catcher vessels or catcher/processor vessels less than or equal to 32 ft (9.8 m) LOA that catch and retain moratorium crab species in the Bering Sea and Aleutian Islands Area or that conduct directed fishing for moratorium groundfish species in the BSAI.

(iv) Catcher vessels or catcher/processor vessels that are fishing for IFQ halibut, IFQ sablefish, or halibut or sablefish under the Western Alaska CDQ Program in accordance with regulations at subpart C of this part and that are not directed fishing for any moratorium species.

(v) Catcher vessels or catcher/processor vessels less than or equal to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically constructed for and used in accordance with a CDP under § 679.30, and that are designed and equipped to meet specific needs described in the CDP.

(4) Moratorium permit endorsements—(i) General. A moratorium permit will be endorsed for one or more fishery-specific gear type(s) in accordance with the endorsement criteria of paragraph (c)(5) of this section.

(ii) Authorization. A fishery-specific gear type endorsement authorizes the use by the vessel of that gear type in the specified fisheries.

(iii) Fishing gear requirements. (A) Fishing gear requirements for the Bering Sea and Aleutian Islands Area crab fisheries are set forth in the Alaska Administrative Code at title 5, chapters 34 and 35.

(B) Fishing gear requirements for the GOA and the BSAI groundfish fisheries are set forth under § 679.24.

(C) A moratorium permit may be endorsed for any one or a combination of the following fishing gear types:

(1) Trawl, which includes pelagic and nonpelagic trawl gear.

(2) Pot, which includes longline pot and pot-and-line gear.

(3) Hook, which includes hook-and-line and jig gear.

(5) Gear endorsement criteria. For purposes of this paragraph (c)(5), the period January 1, 1988, through February 9, 1992, is “period 1,” and February 10, 1992, through December 11, 1994, is “period 2.” Fishery-specific gear type endorsement(s) will be based on the following criteria:

(i) Crab fisheries/pot gear. A moratorium permit for a vessel may be endorsed for crab fisheries/pot gear if the vessel made a legal landing:

(A) Of a moratorium crab species in period 1;

(B) Of a moratorium groundfish species with any authorized fishing gear in period 1, and, in period 2, made a legal landing of a moratorium crab species; or

(C) Of moratorium groundfish in period 1 with pot gear.

(ii) Groundfish fisheries/trawl gear. A moratorium permit may be endorsed for groundfish fisheries/trawl gear if the vessel made a legal landing:

(A) Of a moratorium groundfish species with any authorized fishing gear in period 1; or

(B) Of a moratorium crab species in period 1, and, in period 2, made a legal landing of a moratorium groundfish species using trawl gear.

(iii) Groundfish fisheries/pot gear. A moratorium permit may be endorsed for groundfish fisheries/pot gear if the vessel made a legal landing:

(A) Of a moratorium groundfish species with any authorized fishing gear in period 1; or

(B) Of a moratorium crab species in period 1.

(iv) Groundfish fisheries/hook gear. A moratorium permit may be endorsed for groundfish fisheries/hook gear if the vessel made a legal landing:

(A) Of a moratorium groundfish species with any authorized fishing gear in period 1; or

(B) Of a moratorium crab species in period 1, and, in period 2, made a legal landing of a moratorium groundfish species using hook gear.

(6) Application for permit. A moratorium permit will be issued to the owner of a vessel of the United States if he/she submits to the Regional Administrator a complete moratorium permit application that is subsequently approved and if the vessel's LOA does not exceed the maximum LOA as specified in § 679.2. A complete application for a moratorium permit must include the following information for each vessel:

(i) Name of the vessel, state registration number of the vessel and the USCG documentation number of the vessel, if any.

(ii) Name(s), business address(es), and telephone and fax numbers of the owner of the vessel.

(iii) Name of the managing company.

(iv) Valid documentation of the vessel's moratorium qualification, if requested by the Regional Administrator due to an absence of landings records for the vessel from January 1, 1988, through February 9, 1992.

(v) Reliable documentation of the vessel's original qualifying LOA, if requested by the Regional Administrator, such as a vessel survey, builder's plan, state or Federal registration certificate, fishing permit records, or other reliable and probative documents that clearly identify the vessel and its LOA, and that are dated before June 24, 1992.

(vi) Specification of the fishing gear(s) used from January 1, 1988, through February 9, 1992, and, if necessary, the fishing gear(s) used from February 10, 1992, through December 11, 1994.

(vii) Specification of the vessel as either a catcher vessel or a catcher/processor vessel.

(viii) If applicable, transfer authorization if a permit request is based on transfer of moratorium qualification pursuant to paragraph (c) of this section.

(ix) Signature of the person who is the owner of the vessel or the person who is responsible for representing the vessel owner.

(7) Moratorium qualification. A vessel has moratorium qualification if:

(i) The vessel is an original qualifying vessel;

(ii) The vessel is not a moratorium exempt vessel under paragraph (c)(2) of this section;

(iii) The vessel's moratorium qualification has not been transferred;

(iv) The vessel receives a valid moratorium qualification through a transfer approved by the Regional Administrator under pargraph (c)(9) of this section; and

(v) That moratorium qualification is not subsequently transferred.

(8) Application for moratorium qualification transfer—(i) General. An application for approval of a transfer of moratorium qualification (see paragraph (c)(9) of this section) must be completed and the transfer approved by the Regional Administrator before an application for a moratorium permit based on that transfer can be approved. An application for approval of a transfer and an application for a moratorium permit may be submitted simultaneously.

(ii) Contents of application. A complete application for approval of transfer must include the following information, as applicable, for each vessel involved in the transfer of moratorium qualification:

(A) Name(s), business address(es), and telephone and fax numbers of the applicant(s) (including the owners of the moratorium qualification that is to be or was transferred and the person who is to receive or received the transferred moratorium qualification).

(B) Name of the vessel whose moratorium qualification is to be or was transferred and the name of the vessel that would receive or received the transferred moratorium qualification (if any), the state registration number of each vessel and, if documented, the USCG documentation number of each vessel.

(C) The original qualifying LOA of the vessel whose moratorium qualification is to be or was transferred, its current LOA, and its maximum LOA.

(D) The LOA of the vessel that would receive or received the transferred moratorium qualification and documentation of that LOA by a current vessel survey or other reliable and probative document.

(E) Signatures of the persons from whom moratorium qualification would be transferred or their representative, and the persons who would receive the transferred moratorium qualification or their representative.

(iii) Contract or agreement. A legible copy of a contract or agreement must be included with the application for transfer that specifies the vessel or person from which moratorium qualification is to be or is transferred, the date of the transfer agreement, names and signatures of all current owner(s) of the vessel whose moratorium qualification is to be or was transferred, and names and signatures of all current owner(s) of the moratorium qualification that is to be or was transferred.

(iv) Vessel reconstruction. The following information must be included with the application for transfer:

(A) A legible copy of written contracts or written agreements with the firm that performed reconstruction of the vessel and that relate to that reconstruction.

(B) An affidavit signed by the vessel owner(s) and the owner/manager of the firm that performed the vessel reconstruction, specifying the beginning and ending dates of the reconstruction.

(C) An affidavit signed by the vessel owner(s) specifying the LOA of the reconstructed vessel.

(v) Vessels lost or destroyed. A copy of USCG Form 2692, Report of Marine Casualty, must be included with the application for transfer.

(9) Transfer of moratorium qualification (applicable through December 31, 1998)—(i) General. A transfer of a vessel's moratorium qualification must be approved by the Regional Administrator before a moratorium permit may be issued under this section for the vessel to which the qualification is transferred. A moratorium permit is not transferrable or assignable. A fishery-specific gear type endorsement(s) is not severable from an endorsed permit. A transfer of moratorium qualification will not be approved by the Regional Administrator unless:

(A) A complete transfer application that satisfies all requirements specified in paragraph (c)(8) of this section is submitted;

(B) The LOA of the vessel to which the moratorium qualification is transferred does not exceed the maximum LOA of the original qualifying vessel; and

(C) The moratorium permit associated with the moratorium qualification is not revoked or suspended.

(ii) Vessels lost or destroyed in 1988. The moratorium qualification of a vessel that was lost or destroyed before January 1, 1989, may not be transferred to another vessel and is not valid for purposes of issuing a moratorium permit for that vessel, if salvaged, unless salvage began on or before June 24, 1992, and the LOA of the salvaged vessel does not exceed its maximum LOA. The moratorium qualification of such a vessel is not valid for purposes of issuing a moratorium permit for 1998 unless that vessel is used to make a legal landing of a moratorium species from January 1, 1996, through December 31, 1997.

(iii) Vessels lost or destroyed from 1989 through 1995. The moratorium qualification of any vessel that was lost or destroyed on or after January 1, 1989, but before January 1, 1996, is valid for purposes of issuing a moratorium permit for that vessel, if salvaged, regardless of when salvage began, provided that the vessel has not already been replaced and the LOA of the salvaged vessel does not exceed its maximum LOA. The moratorium qualification of any vessel that was lost or destroyed on or after January 1, 1989, but before January 1, 1996, may be transferred to another vessel, provided the LOA of that vessel does not exceed the maximum LOA of the original qualifying vessel. The moratorium qualification of such a vessel is not valid for purposes of issuing a moratorium permit for 1998, unless that vessel is used to make a legal landing of a moratorium species from January 1, 1996, through December 31, 1997.

(iv) Vessels lost or destroyed after 1995. The moratorium qualification of any vessel that was lost or destroyed on or after January 1, 1996, is valid for purposes of issuing a moratorium permit for that vessel, if salvaged, regardless of when salvage began, provided that the vessel has not already been replaced and the LOA of the salvaged vessel does not exceed its maximum LOA. The moratorium qualification of any vessel that is lost or destroyed on or after January 1, 1996, may be transferred to another vessel, providing the LOA of that vessel does not exceed the maximum LOA of the original qualifying vessel.

(v) Reconstruction. The moratorium qualification of a vessel is not valid for purposes of issuing a moratorium permit if, after June 23, 1992, reconstruction is initiated that results in increasing the LOA of the vessel to exceed the maximum LOA of the original qualifying vessel. For a vessel whose reconstruction began before June 24, 1992, and was completed after June 24, 1992, the maximum LOA is the LOA on the date reconstruction was completed, provided the owner files an application for transfer and the Regional Administrator certifies that maximum LOA and approves the transfer based on information concerning the LOA of the reconstructed vessel submitted under paragraph (c)(8)(iv) of this section.

(10) Appeal—(i) Determination. The Chief, RAM Division, will issue an initial administrative determination to each applicant who is denied a moratorium permit by that official. An initial administrative determination may be appealed by the applicant in accordance with § 679.43. The initial administrative determination will be the final agency action if a written appeal is not received by the Regional Administrator, within the period specified at § 679.43.

(ii) Permit denial. An initial administrative determination that denies an application for a moratorium permit must authorize the affected vessel to catch and retain moratorium crab or moratorium groundfish species with the type of fishing gear specified on the application. The authorization expires on the effective date of the final agency action relating to the application.

(iii) Final action. An administrative determination denying approval of the transfer of a moratorium qualification and/or denying the issuance of a moratorium permit based on that moratorium qualification is the final agency action for purposes of judicial review.

(d) IFQ—(1) General. In addition to the permit and licensing requirements prescribed in the annual management measures published in the Federal Register pursuant to § 300.62 of chapter III of this title and in the permit requirements of this section, all fishing vessels that harvest IFQ halibut or IFQ sablefish must have on board:

(i) IFQ permit. A copy of an IFQ permit that specifies the IFQ regulatory area and vessel category in which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder and a copy of the most recent accompanying statement specifying the amount of each species that may be harvested during the current IFQ fishing season; and

(ii) IFQ card. An original IFQ card issued by the Regional Administrator.

(2) Registered buyer permit. Any person who receives IFQ halibut or IFQ sablefish from the person(s) that harvested the fish must possess a registered buyer permit, except under conditions of paragraph (d)(2) (i), (ii), or (iii) of this section. A registered buyer permit also is required of any person who harvests IFQ halibut or IFQ sablefish and transfers such fish:

(i) In a dockside sale;

(ii) Outside of an IFQ regulatory area; or

(iii) Outside the State of Alaska.

(3) Permit issuance—(i) IFQ permits and cards—(A) Issuance. IFQ permits and cards will be renewed or issued annually by the Regional Administrator to each person with approved QS for IFQ halibut or IFQ sablefish allocated in accordance with this section.

(B) IFQ permit. Each IFQ permit issued by the Regional Administrator will identify the permitted person and will be accompanied by a statement that specifies the amount of IFQ halibut or IFQ sablefish that person may harvest from a specified IFQ regulatory area using fixed gear and a vessel of a specified vessel category.

(C) IFQ card. Each IFQ card issued by the Regional Administrator will display an IFQ permit number and the individual authorized by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit against the permit holder's IFQ.

(ii) Registered buyer permits. Registered buyer permits will be renewed or issued annually by the Regional Administrator to persons that have a registered buyer application approved by the Regional Administrator.

(4) Duration—(i) IFQ permit. An IFQ permit authorizes the person identified on the permit to harvest IFQ halibut or IFQ sablefish from a specified IFQ regulatory area at any time during an open fishing season during the fishing year for which the IFQ permit is issued until the amount harvested is equal to the amount specified under the permit, or until it is revoked, suspended, or modified under 15 CFR part 904.

(ii) IFQ card. An IFQ card authorizes the individual identified on the card to land IFQ halibut or IFQ sablefish for debit against the specified IFQ permit until the card expires, or is revoked, suspended, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder.

(iii) Registered buyer permit. A registered buyer permit authorizes the person identified on the permit to receive or make an IFQ landing by an IFQ permit or card holder at any time during the fishing year for which it is issued until the registered buyer permit expires, or is revoked, suspended, or modified under 15 CFR part 904.

(5) Transfer. The IFQ permits issued under this section are not transferable, except as provided under § 679.41. IFQ cards and registered buyer permits issued under this paragraph (d) are not transferable.

(6) Inspection—(i) IFQ permit. A legible copy of any IFQ permit issued under this section must be carried on board the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board.

(ii) IFQ card. Except as specified in § 679.42(d), an individual that is issued an IFQ card must remain aboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card during all fishing operations until arrival at the point of landing and during all IFQ landings. The IFQ cardholder must present a copy of the IFQ permit and the original IFQ card for inspection on request of any authorized officer, clearing officer, or registered buyer purchasing IFQ species. Nothing in this paragraph would prevent an individual who is issued an IFQ card from being absent from the vessel used to harvest IFQ halibut or IFQ sablefish between the time the vessel arrives at the point of landing until the commencement of landing.

(iii) Registered buyer permit. A legible copy of the registered buyer permit must be present at the location of an IFQ landing, and must be made available for inspection on request of any authorized officer or clearing officer.

(e) Halibut/sablefish CDQ permits and CDQ cards. See § 679.33(a) and (b).

(f) Federal processor permit—(1) Requirement. No shoreside processor of the United States or vessel of the United States operating solely as a mothership in Alaska State waters may receive or process groundfish harvested in the GOA or BSAI, unless the owner first obtains a Federal processor permit issued under this part. A Federal processor permit is issued without charge.

(2) Application. A complete application for a Federal processor permit must include the following:

(i) If the application is for an amended permit, the current Federal processor permit number and an update of the permit information that has changed.

(ii) The shoreside processor's name, business street address, telephone number, and fax number.

(iii) The shoreside processor owner's name or names, business mailing address, managing company, if any, telephone number, ADF&G Processor Code, and fax number.

(iv) Indication of the fishery or fisheries for which the permit is requested.

(v) Indication of the shoreside processor operations category.

(vi) The owner of the shoreside processor must sign and date the application.

(3) Issuance. (i) Upon receipt of a properly completed permit application, the Regional Administrator will issue a Federal processor permit required by this paragraph (f).

(ii) The Regional Administrator will send the Federal processor permit to the applicant with the shoreside processor logbook, as provided under § 679.5.

(4) Duration. (i) A Federal processor permit is issued for a 3-year period and remains in full force and effect from the date of issuance through the end of the current NMFS 3-year renewal cycle, unless it is revoked, suspended, or modified under § 600.735 or § 600.740 of this chapter.

(ii) A Federal processor permit is surrendered when the original permit is submitted to and received by the Chief, RAM Division, NMFS.

(5) Transfer. A Federal processor permit issued under this paragraph (f) is not transferable or assignable and is valid only for the processor for which it is issued.

(6) Inspection. (i) An original Federal processor permit issued under this paragraph (f) must be on site at the shoreside processor at all times. Photocopied or faxed copies are not considered originals.

(ii) A permit issued under this paragraph (f) must be presented for inspection upon the request of any authorized officer.

(g) Scallop moratorium permits (applicable through June 30, 2000)—(1) General—(i) Applicability. Except as provided under paragraph (g)(2) of this section, any vessel used to take or retain any scallop species in Federal waters must have a valid scallop moratorium permit on board the vessel at all times when the vessel is engaged in fishing for scallops in Federal waters or has scallops taken from Federal waters retained on board. Any vessel used to take or retain scallops in Federal waters within Scallop Registration Area H must have a scallop moratorium permit endorsed for Registration Area H. Any vessel used to take or retain scallop species in Federal waters outside Registration Area H must have a scallop moratorium permit endorsed for Federal waters exclusive of Registration Area H.

(ii) Applicable dates and duration. The requirement to carry a moratorium permit is applicable from July 1, 1997, through June 30, 2000. A scallop moratorium permit is valid for the duration of the moratorium unless otherwise specified.

(iii) Validity. A scallop moratorium permit issued under this paragraph is valid only if:

(A) A person named on the moratorium permit is the owner or operator of the vessel on which the permit is used.

(B) The vessel's LOA does not exceed the maximum LOA specified on the permit.

(C) The permit has not been revoked or suspended under 15 CFR part 904.

(iv) Inspection. A scallop moratorium permit must be presented for inspection upon the request of any authorized officer.

(2) Exemptions. A vessel that has an LOA of less than or equal to 26 ft (7.9 m) in the GOA, and less than or equal to 32 ft (9.8 m) in the BSAI and that does not have dredge gear on board is exempt from the requirements of this paragraph (g) when fishing for scallops with dive gear.

(3) Qualification criteria—(i) Qualifying period. To qualify for a moratorium permit, a vessel must have made a legal landing of scallops during 1991, 1992, or 1993, or during at least 4 separate years from 1980 through 1990.

(ii) Area endorsements. A scallop moratorium permit may contain an area endorsement for Federal waters within Registration Area H, for Federal waters outside Registration Area H, or for both areas.

(A) Registration Area H. A scallop moratorium permit may be endorsed for fishing in Federal waters within Registration Area H if a qualifying vessel made a legal landing of scallops taken inside Registration Area H during the qualifying period defined at paragraph (g)(3)(i) of this section.

(B) Waters outside Registration Area H. A scallop moratorium permit may be endorsed for fishing in Federal waters outside Registration Area H if the qualifying vessel made a legal landing of scallops taken in waters outside Registration Area H during the qualifying period defined at paragraph (g)(3)(i) of this section.

(iii) Legal landings. Evidence of legal landings shall be limited to documentation of State or Federal catch reports that indicate the amount of scallops harvested, the registration area or location in which they were caught, the vessel used to catch them, and the date of harvesting, landing, or reporting.

(4) Maximum LOA—(i) All scallop moratorium permits will specify a maximum LOA, which will be 1.2 times the LOA of the qualifying vessel on January 20, 1993, unless the qualifying vessel was under reconstruction on January 20, 1993.

(ii) If a qualifying vessel was under reconstruction on January 20, 1993, the maximum LOA will be the LOA on the date reconstruction was completed.

(5) Application for permit. A scallop moratorium permit will be issued to the person or successor in interest who was the owner of a qualifying vessel when it most recently made qualifying landings under paragraph (g)(3) of this section, if he/she submits to the Regional Administrator a complete scallop moratorium permit application that is subsequently approved. A complete application for a scallop moratorium permit must include the following information:

(i) Name(s), signature(s), business address(es), and telephone and fax numbers of the person(s) who owned the vessel when the most recent qualifying landing of scallops occurred.

(ii) Name of the qualifying vessel, state registration number of the vessel and the USCG number of the vessel, if any.

(iii) Valid documentation of the vessel's basis for moratorium qualification, if requested by the Regional Administrator due to an absence of landings records for the vessel for the qualifying period.

(iv) Reliable documentation of the vessel's qualifying LOA, if requested by the Regional Administrator, such as a vessel survey, builder's plan, state or Federal registration certificate, or other reliable and probative documents that clearly identify the vessel and its LOA and that are dated on or before January 20, 1993.

(v) Name(s) and signature(s) of the person(s) who is/are the owner(s) of the vessel or the person(s) responsible for representing the vessel owner.

(vi) If the qualifying vessel was under reconstruction on January 20, 1993, the permit application must contain the following additional information:

(A) A legible copy of written contracts or written agreements with the firm that performed reconstruction of the vessel and that relate to that reconstruction.

(B) An affidavit signed by the vessel owner(s) and the owner/manager of the firm that performed the reconstruction specifying the beginning and ending dates of the reconstruction.

(C) An affidavit signed by the vessel owner(s) specifying the LOA of the reconstructed vessel.

(6) Vessel ownership. Evidence of vessel ownership shall be limited to the following documents, in order of priority:

(i) For vessels required to be documented under the laws of the United States, the USCG abstract of title issued in respect to that vessel.

(ii) A certificate of registration that is determinative as to vessel ownership.

(iii) A bill of sale.

(7) Permit transfer—(i) Applicability. A moratorium permit transfer is required to effect any change in permit ownership including the addition or subtraction of partners. Area endorsements may not be transferred independently of a moratorium permit.

(ii) Required information. A complete application for approval of transfer of a scallop moratorium permit must include the following:

(A) The original moratorium permit to be transferred.

(B) Name(s), business address(es), and telephone and fax numbers of the applicant(s) including the holders of the scallop moratorium permit that is to be transferred and the person(s) who is to receive the transferred scallop moratorium permit.

(C) Name(s) and signature(s) of the person(s) from whom the moratorium permit would be transferred or their representative, and the person(s) who would receive the transferred moratorium permit or their representative.

(D) A legible copy of a contract or agreement to transfer the moratorium permit in question must be included with the application for transfer that specifies the person(s) from whom the scallop moratorium permit is to be transferred, the date of the transfer agreement, name(s) and signature(s) of the current holder(s) of the permit, and name(s) and signature(s) of person(s) to whom the scallop moratorium permit is to be transferred.

(8) Appeal—(i) Determination. The Chief, RAM Division, will issue an initial administrative determination to an applicant upon denial of a scallop moratorium permit by that official. An initial administrative determination may be appealed by the applicant in accordance with § 679.43. The initial administrative determination will be the final agency action if a written appeal is not received by the Regional Administrator postmarked within the period specified at § 679.43.

(ii) Permit denial. An initial administrative determination that denies an application for a scallop moratorium permit may authorize the affected person to take or retain scallops. Any administrative determination that authorizes fishing will expire on the effective date of the final agency action relating to the application.

(iii) Final action. An administrative determination denying the issuance of a scallop moratorium permit is the final agency action for purposes of judicial review.

(9) Harvesting privilege. Scallop moratorium permits issued pursuant to this part do not represent an interest that is subject to the “takings” provision of the 5th Amendment to the U.S. Constitution. Rather, such permits represent only a harvesting privilege that may be revoked or amended subject to the requirements of the Magnuson-Stevens Act and other applicable laws.

(h) High Seas Salmon permits—(1) Operators of commercial fishing vessels using power troll gear. The operator of a fishing vessel using power troll gear may engage in commercial fishing for salmon in the High Seas Salmon Management Area if the operator:

(i) Held a valid State of Alaska power troll permanent entry permit on May 15, 1979, or is a transferee under paragraph (h)(13) of this section from an operator who held such a permit on that date;

(ii) Held a valid State of Alaska power troll interim use permit on May 15, 1979; or

(iii) Holds a High Seas Salmon Fishery permit issued by the Regional Administrator under paragraph (h)(7) of this section.

(2) Crew members and other persons not the operator of a commercial fishing vessel using power trawl gear. Crew members or other persons aboard but not the operator of a fishing vessel may assist in the vessel's commercial salmon fishing operations in the High Seas Management Area without a permit if a person described in paragraph (h)(1)(i) through (iii) of this section is also aboard the vessel and is engaged in the vessel's commercial fishing operations.

(3) Personal use fishing. Any person who holds a valid State of Alaska sport fishing license may engage in personal use fishing in the High Seas Salmon Management Area.

(4) Duration. Authorization under this paragraph (h) to engage in fishing for salmon in the High Seas Salmon Management Area constitutes a use privilege which may be revoked or modified without compensation.

(5) Eligibility criteria for permits issued by the Regional Administrator. (i) Any person is eligible to be issued a High Seas Salmon Fishery permit under paragraph (h)(7) of this section if that person, during any one of the calendar years 1975, 1976, or 1977:

(A) Operated a fishing vessel in the High Seas Salmon Management Area.

(B) Engaged in commercial fishing for salmon in the High Seas Salmon Management Area.

(C) Caught salmon in the High Seas Salmon Management Area using power troll gear.

(D) Landed such salmon.

(ii) The following persons are not eligible to be issued a High Seas Salmon Fishery permit under paragraph (h)(7) of this section:

(A) Persons described in paragraph (h)(1)(i) or (h)(1)(ii) of this section.

(B) Persons who once held but no longer hold a State of Alaska power troll permanent entry or interim-use permit.

(6) Application. Applications for a High Seas Salmon Fishery permit must be in writing, signed by the applicant, and submitted to the Regional Administrator, at least 30 days prior to the date the person wishes to commence fishing, and must include:

(i) The applicant's name, mailing address, and telephone number.

(ii) The vessel's name, USCG documentation number or State of Alaska registration number, home port, length overall, registered tonnage, and color of the fishing vessel.

(iii) The type of fishing gear used by the fishing vessel.

(iv) State of Alaska fish tickets or other equivalent documents showing the actual landing of salmon taken in the High Seas Salmon Management Area by the applicant with power troll gear during any one of the years 1975 to 1977.

(7) Issuance. (i) Except as provided in subpart D of 15 CFR part 904, upon receipt of a properly completed application, the Regional Administrator will determine whether the permit eligibility conditions have been met, and if so, will issue a High Seas Salmon Fishery permit.

(ii) If the permit is denied, the Regional Administrator will notify the applicant in accordance with paragraph (h)(16) of this section.

(iii) If an incomplete or improperly completed permit application is filed, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days following the date of receipt of notification, the application shall be considered abandoned.

(8) Amended application. Any person who applies for and receives a High Seas Salmon Fishery permit issued under paragraph (h)(7) of this section must notify the Regional Administrator within 30 days of a change in any of the information submitted under paragraph (h)(6) of this section.

(9) Replacement. Replacement permits may be issued for lost or unintentionally mutilated permits. An application for a replacement permit shall not be considered a new application.

(10) Display. Any permit or license described in paragraph (h)(1) or (h)(3) of this section must be on board the vessel at all times while the vessel is in the High Seas Salmon Management Area.

(11) Inspection. Any permit or license described in paragraph (h)(1) or (h)(3) of this section must be presented for inspection upon request by an authorized officer.

(12) Sanctions. Procedures governing permit sanctions and denials are found at subpart D of 15 CFR part 904.

(13) Transfer of authority to fish in the High Seas Salmon Management Area—(i) State of Alaska power troll permanent entry permits. The authority of any person to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area shall expire upon the transfer of that person's State of Alaska power troll permanent entry permit to another and shall be transferred to the new holder of that permit.

(ii) Transfer of Authority by the Regional Administrator. (A) Any person to whom the proposed transfer of a State of Alaska power troll permanent entry permit is denied by the State of Alaska may apply, with the consent of the current holder of that permit, to the Regional Administrator for transfer to the applicant of the current holder's authority to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area.

(B) The application for transfer shall be filed with the Regional Administrator within 30 days of the denial by the State of Alaska of the proposed transfer of the permit.

(C) The application for transfer shall include all documents and other evidence submitted to the State of Alaska in support of the proposed transfer of the permit and a copy of the State of Alaska's decision denying the transfer of the permit. The Regional Administrator may request additional information from the applicant or from the State of Alaska to assist in the consideration of the application.

(D) The Regional Administrator shall approve the transfer if it is determined that:

(1) The applicant had the ability to participate actively in the fishery at the time the application for transfer of the permit was filed with the State of Alaska.

(2) The applicant has access to power troll gear necessary for participation in the fishery.

(3) The State of Alaska has not instituted proceedings to revoke the permit on the ground that it was fraudulently obtained.

(4) The proposed transfer of the permit is not a lease.

(E) Upon approval of the transfer application by the Regional Administrator, the authority of the permit holder to engage in commercial fishing for salmon in the High Seas Salmon Management Area using power troll gear shall expire, and that authority shall be transferred to the applicant.

(14) Other Permits. (i) Except for emergency transfers under paragraph (h)(15) of this section, the authority of any person described in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this section to fish for salmon in the High Seas Salmon Management Area, may not be transferred to any other person.

(ii) Except for emergency transfers under paragraph (h)(15) of this section, the authority to engage in commercial fishing for salmon which was transferred under paragraph (h)(13)(ii) of this section may not be transferred to any other person except the current holder of the State of Alaska power troll permanent entry permit from which that authority was originally derived.

(iii) The authority described in paragraph (h)(14)(ii) of this section may be transferred to the current holder of that permit upon receipt of written notification of the transfer by the Regional Administrator.

(15) Emergency transfers—authority to use power troll gear. (i) The authority of any person to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area may be transferred to another person for a period not lasting beyond the end of the calendar year of the transfer when sickness, injury, or other unavoidable hardship prevents the holder of that authority from engaging in such fishing.

(ii) Such a transfer shall take effect automatically upon approval by the State of Alaska of an emergency transfer of a State of Alaska power troll entry permit, in accordance with the terms of the permit transfer.

(iii) Any person may apply to the Regional Administrator for emergency transfer of the current holder's authority to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area for a period not lasting beyond the calendar year of the proposed transfer, if a person:

(A) Is denied emergency transfer of a State of Alaska power troll entry permit by the State of Alaska; or

(B) Requests emergency transfer of a Federal commercial power troll permit previously issued by the Regional Administrator, with the consent of the current holder of that permit.

(iv) The Regional Administrator shall approve the transfer if he determines that:

(A) Sickness, injury, or other unavoidable hardship prevents the current permit holder from engaging in such fishing.

(B) The applicant had the ability to participate actively in the fishery at the time the application for emergency transfer of the permit was filed with the State of Alaska or, in the case of a Federal permit, with the Regional Administrator.

(C) The applicant has access to power troll gear necessary for participation in the fishery.

(D) The State of Alaska has not instituted proceedings to revoke the permit on the grounds that it was fraudulently obtained.

(v) The application in the case of a State of Alaska permit shall be filed with the Regional Administrator within 30 days of the denial by the State of Alaska of emergency transfer of the permit.

(vi) The application shall include all documents and other evidence submitted to the State of Alaska in support of the proposed emergency transfer of the permit and a copy of the State of Alaska's decision denying the emergency transfer of the permit. The Regional Administrator may request additional information from the applicant or from the State of Alaska to assist in the consideration of the application.

(vii) Upon approval of the application by the Regional Administrator, the authority of the permit holder to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area shall expire for the period of the emergency transfer, and that authority shall be transferred to the applicant for that period.

(16) Appeals and hearings. (i) A decision by the Regional Administrator to deny a permit under paragraph (h)(7) of this section or to deny transfer of authority to engage in commercial fishing for salmon in the High Seas Salmon Management Area under paragraphs (h)(13) and (h)(14) of this section will:

(A) Be in writing.

(B) State the facts and reasons therefor.

(C) Advise the applicant of the rights provided in this paragraph (h)(16).

(ii) Any such decision of the Regional Administrator shall be final 30 days after receipt by the applicant, unless an appeal is filed with the NOAA/NMFS Assistant Administrator within that time.

(iii) Failure to file a timely appeal shall constitute waiver of the appeal.

(iv) Appeals under this paragraph (h)(16) must:

(A) Be in writing.

(B) Set forth the reasons why the appellant believes the Regional Administrator's decision was in error.

(C) Include any supporting facts or documentation.

(v) At the time the appeal is filed with the Assistant Administrator, the appellant may request a hearing with respect to any disputed issue of material fact. Failure to request a hearing at this time will constitute a waiver of the right to request a hearing.

(vi) If a hearing is requested, the Assistant Administrator may order an informal fact-finding hearing if it is determined that a hearing is necessary to resolve material issues of fact and shall so notify the appellant.

(vii) If the Assistant Administrator orders a hearing, the order will appoint a hearing examiner to conduct the hearing.

(viii) Following the hearing, the hearing examiner shall promptly furnish the Assistant Administrator with a report and appropriate recommendations.

(ix) As soon as practicable after considering the matters raised in the appeal, and any report or recommendation of the hearing examiner in the event a hearing is held under this paragraph (h)(16), the Assistant Administrator shall decide the appeal.

(x) The Assistant Administrator shall promptly notify the appellant of the final decision. Such notice shall set forth the findings of the Assistant Administrator and set forth the basis of the decision. The decision of the Assistant Administrator shall be the final administrative action of the Department of Commerce.

(i) Experimental fisheries permits. (See § 679.6.)

(j) Salmon donation program permits. (See § 679.26(a)(3).)

(k) Licenses for license limitation groundfish or crab species—(1) General requirements. (i) In addition to the permit and licensing requirements prescribed in this part, and except as provided in paragraph (i)(2) of this section, each vessel within the GOA or the BSAI must have a groundfish license on board at all times it is engaged in fishing activities defined in § 679.2 as directed fishing for license limitation groundfish. This groundfish license, issued by NMFS to a qualified person, authorizes a license holder to deploy a vessel to conduct directed fishing for license limitation groundfish only in the specific area(s) designated on the license and may only be used on a vessel that complies with the vessel designation and MLOA specified on the license.

(ii) In addition to the permit and licensing requirements prescribed in this part, and except as provided in paragraph (i)(2) of this section, each vessel within the Bering Sea and Aleutian Islands Area must have a crab species license on board at all times it is engaged in fishing activities defined in § 679.2 as directed fishing for crab species. This crab species license, issued by NMFS to a qualified person, authorizes a license holder to deploy a vessel to conduct directed fishing for crab species only for the specific species and in the specific area(s) designated on the license, and may be used only on a vessel that complies with the vessel designation and MLOA specified on the license.

(2) Exempt vessels. Notwithstanding the requirements of paragraph (i)(1) of this section,

(i) A catcher vessel or catcher/processor vessel that does not exceed 26 ft (7.9 m) LOA may conduct directed fishing for license limitation groundfish in the GOA without a groundfish license;

(ii) A catcher vessel or catcher/processor vessel that does not exceed 32 ft (9.8 m) LOA may conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license and may conduct directed fishing for crab species in the Bering Sea and Aleutian Islands Area without a crab species license;

(iii) A catcher vessel or catcher/processor vessel that does not exceed 60 ft (18.3 m) LOA may use a maximum of 5 jig machines, one line per jig machine, and a maximum of 15 hooks per line, to conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license; or

(iv) A catcher vessel or catcher/processor vessel that does not exceed 125 ft (38.1 m) LOA, and that was, after November 18, 1992, specifically constructed for and used exclusively in accordance with a CDP approved by NMFS under Subpart C of this part, and is designed and equipped to meet specific needs that are described in the CDP may conduct directed fishing for license limitation groundfish in the GOA and in the BSAI area without a groundfish license and for crab species in the Bering Sea and Aleutian Islands Area without a crab species license.

(3) Vessel designations and vessel length categories—(i) General. A license can be used only on a vessel that complies with the vessel designation specified on the license and that has an LOA less than or equal to the MLOA specified on the license.

(ii) Vessel designations—(A) Catcher/processor vessel. A license will be assigned a catcher/processor vessel designation if:

(1) For license limitation groundfish, license limitation groundfish were processed on the vessel that qualified for the groundfish license under paragraph (i)(4) of this section during the period January 1, 1994, through June 17, 1995, or in the most recent calendar year of participation during the area endorsement qualifying period specified in paragraph (i)(4)(ii) of this section; or

(2) For crab species, crab species were processed on the vessel that qualified for the crab species license under paragraph (i)(5) of this section during the period January 1, 1994, through December 31, 1994, or in the most recent calendar year of participation during the area endorsement qualifying period specified in paragraph (i)(5)(ii) of this section.

(3) For purposes of paragraphs (i)(3)(ii)(A)(1) and (i)(3)(ii)(A)(2) of this section, evidence of processing must be demonstrated by Weekly Production Reports or other valid documentation demonstrating that processing occurred on the vessel during the relevant period.

(B) Catcher vessel. A license will be assigned a catcher vessel designation if it does not meet the criteria in paragraph (i)(3)(ii)(A)(1) or (i)(3)(ii)(A)(2) of this section to be assigned a catcher/processor vessel designation.

(C) Changing a vessel designation. A person who holds a groundfish license or a crab species license with a catcher/processor vessel designation may, upon request to the Regional Administrator, have the license reissued with a catcher vessel designation. The vessel designation change to a catcher vessel will be permanent, and that license will be valid for only those activities specified in the definition of catcher vessel designation at § 679.2.

(iii) Vessel length categories. A vessel's eligibility will be determined using the following three vessel length categories, which are based on the vessel's LOA on June 17, 1995, or, if the vessel was under reconstruction on June 17, 1995, the vessel's length on the date that reconstruction was completed.

(A) Vessel length category “A” if the LOA of the qualifying vessel on the relevant date was equal to or greater than 125 ft (38.1 m) LOA.

(B) Vessel length category “B” if the LOA of the qualifying vessel on the relevant date was equal to or greater than 60 ft (18.3 m) but less than 125 ft (38.1 m) LOA.

(C) Vessel length category “C” if the LOA of the qualifying vessel on the relevant date was less than 60 ft (18.3 m) LOA.

(4) Qualifications for a groundfish license. A groundfish license will be issued to an eligible applicant that meets the criteria in paragraphs (i)(4)(i) and (i)(4)(ii) of this section. For purposes of the license limitation program, evidence of a documented harvest must be demonstrated by a state catch report, a Federal catch report, or other valid documentation that indicates the amount of license limitation groundfish harvested, the groundfish reporting area in which the license limitation groundfish was harvested, the vessel and gear type used to harvest the license limitation groundfish, and the date of harvesting, landing, or reporting. State catch reports are Alaska, California, Oregon, or Washington fish tickets. Federal catch reports are Weekly Production Reports required under § 679.5.

(i) General qualification periods (GQP). (A) At least one documented harvest of any amount of license limitation groundfish species must have been made from a vessel to qualify for one or more of the area endorsements in paragraphs (i)(4)(ii)(A) and (i)(4)(ii)(B) of this section. This documented harvest must have been of license limitation groundfish species caught and retained in the BSAI or in the State waters shoreward of the BSAI and must have occurred during the following periods:

(1) January 1, 1988, through June 27, 1992;

(2) January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or

(3) January 1, 1988, through June 17, 1995, provided that the vessel qualified for a gear endorsement under the Vessel Moratorium based on criteria specified at § 679.4(c)(5)(ii)(B) or § 679.4(c)(5)(iv)(B).

(B) At least one documented harvest of any amount of license limitation groundfish species must have been made from a vessel to qualify for one or more of the area endorsements in paragraphs (i)(4)(ii)(C) through (i)(4)(ii)(E) of this section. This documented harvest must have been of fish caught and retained in the GOA or in the State waters shoreward of the GOA and must have occurred during the following periods:

(1) January 1, 1988, through June 27, 1992;

(2) January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or

(3) January 1, 1988, through June 17, 1995, provided that the vessel qualified for a gear endorsement under the Vessel Moratorium based on criteria specified at § 679.4(c)(5)(ii)(B) or § 679.4(c)(5)(iv)(B).

(ii) Endorsement qualification periods (EQP). A groundfish license will be assigned one or more area endorsements based on the criteria in paragraphs (i)(4)(ii)(A) through (i)(4)(ii)(E) of this section.

(A) Aleutian Islands area endorsement. For a license to be assigned an Aleutian Islands endorsement, at least one documented harvest of any amount of license limitation groundfish must have been made from a vessel in any vessel length category (vessel categories “A” through “C”) between January 1, 1992, and June 17, 1995, and in the Aleutian Islands Subarea or in State waters shoreward of that subarea.

(B) Bering Sea area endorsement. For a license to be assigned a Bering Sea area endorsement, at least one documented harvest of any amount of license limitation groundfish must have been made from a vessel in any vessel length category (vessel categories “A” through “C”) between January 1, 1992, and June 17, 1995, and in the Bering Sea Subarea or in State waters shoreward of that subarea.

(C) Western Gulf area endorsement—(1) Vessel length category “A”. For a license to be assigned a Western Gulf area endorsement based on the participation from a vessel in vessel length category “A”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel from January 1, 1992, through June 17, 1995, in the Western Area of the Gulf of Alaska or in State waters shoreward of that area.

(2) Vessel length category “B” and catcher vessel designation. For a license to be assigned a Western Gulf area endorsement based on the participation from a vessel in vessel length category “B” and that would qualify for a catcher vessel designation under this section, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel from January 1, 1992, through June 17, 1995, in the Western Area of the Gulf of Alaska or in State waters shoreward of that area.

(3) Vessel length category “B” and catcher/processor vessel designation. For a license to be assigned a Western Gulf area endorsement based on the participation from a vessel in vessel length category “B” and that would qualify for a catcher/processor vessel designation under this section, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel in each of any 2 calendar years from January 1, 1992, through June 17, 1995, in the Western Area of the Gulf of Alaska or in State waters shoreward of that area, or at least four documented harvests of any amount of license limitation groundfish harvested from January 1, 1995, through June 17, 1995, in the Western Area of the Gulf of Alaska or in State waters shoreward of that area.

(4) Vessel length category “C”. For a license to be assigned a Western Gulf area endorsement based on the participation from a vessel in vessel length category “C”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel from January 1, 1992, through June 17, 1995. This documented harvest must have recorded a harvest occurring in the Western Area of the Gulf of Alaska or in State waters shoreward of that area for a Western Gulf area endorsement.

(D) Central Gulf area endorsement—(1) Vessel length category “A”. For a license to be assigned a Central Gulf area endorsement based on the participation of a vessel in vessel length category “A”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel in each of any 2 calendar years from January 1, 1992, through June 17, 1995. These documented harvests must have recorded harvests occurring in the Central Area of the Gulf of Alaska or in State waters shoreward of that area, or in the West Yakutat District or in state waters shoreward of that district.

(2) Vessel length category “B”. For a license to be assigned a Central Gulf area endorsement based on the participation from a vessel in vessel length category “B”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel in each of any 2 calendar years from January 1, 1992, through June 17, 1995, or at least four documented harvests from January 1, 1995, through June 17, 1995. These documented harvests must have recorded harvests occurring in the Central Area of the Gulf of Alaska or in State waters shoreward of that area, or in the West Yakutat District or in state waters shoreward of that district.

(3) Vessel length category “C”. For a license to be assigned a Central Gulf area endorsement based on the participation from a vessel in vessel length category “C”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel from January 1, 1992, through June 17, 1995. This documented harvest must have recorded a harvest occurring in the Central Area of the Gulf of Alaska or in State waters shoreward of that area, or in the West Yakutat District or in state waters shoreward of that district.

(E) Southeast Outside area endorsement—(1) Vessel length category “A”. For a license to be assigned a Southeast Outside area endorsement based on the participation from a vessel in vessel length category “A”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel in each of any 2 calendar years from January 1, 1992, through June 17, 1995. These documented harvests must have recorded harvests occurring in the Southeast Outside District or in State waters shoreward of that district.

(2) Vessel length category “B”. For a license to be assigned a Southeast Outside area endorsement based on the participation from a vessel in vessel length category “B”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel in each of any 2 calendar years from January 1, 1992, through June 17, 1995, or at least four documented harvests from January 1, 1995, through June 17, 1995. These documented harvests must have recorded harvests occurring in the Southeast Outside District or in State waters shoreward of that district.

(3) Vessel length category “C”. For a license to be assigned a Southeast outside area endorsement based on the participation from a vessel in vessel length category “C”, at least one documented harvest of any amount of license limitation groundfish must have been made from that vessel from January 1, 1992, through June 17, 1995. This documented harvest must have recorded a harvest occurring in the Southeast Outside District or in State waters shoreward of that district.

(iii) An eligible applicant that is issued a groundfish license based on a vessel's qualifications under paragraph (i)(4)(i)(A)(2) or (i)(4)(i)(B)(2) of this section must choose only one area endorsement for that groundfish license even if the vessel qualifies for more than one area endorsement.

(iv) Notwithstanding the provisions in paragraph (i)(4) of this section, a license with the appropriate area endorsements will be issued to an eligible applicant whose vessel meets the requirements of paragraph (i)(4)(i)(A), and the requirements of paragraph (i)(4)(ii)(C), (i)(4)(ii)(D), or (i)(4)(ii)(E) of this section, but

(A) From whose vessel no documented harvests were made in the GOA or state waters shoreward of the GOA between January 1, 1988, and June 27, 1992, and

(B) From whose vessel no documented harvests were made in the BSAI or state waters shoreward of the BSAI between January 1, 1992, and June 17, 1995.

(v) Notwithstanding the provisions of paragraph(i)(4) of this section, a license with the appropriate area endorsements will be issued to an eligible applicant whose vessel meets the requirements of paragraph (i)(4)(i)(B) of this section, and the requirements of paragraph (i)(4)(ii)(A) or (i)(4)(ii)(B) of this section, but

(A) From whose vessel no documented harvests were made in the BSAI or state waters shoreward of the BSAI between January 1, 1988, and June 27, 1992, and

(B) From whose vessel no documented harvests were made in the GOA or state waters shoreward of the GOA between January 1, 1992, and June 17, 1995.

(5) Qualifications for a crab species license. A crab species license will be issued to an eligible applicant who owned a vessel that meets the criteria in paragraphs (i)(5)(i) and (i)(5)(ii) of this section, except that vessels are exempt from the requirements in paragraph (i)(5)(i) of this section for the area/species endorsements in paragraph (i)(5)(ii)(A) and (i)(5)(ii)(G) of this section.

(i) General qualification period (GQP). To qualify for one or more of the area/species endorsements in paragraph (i)(5)(ii) of this section:

(A) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and June 27, 1992; or

(B) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and December 31, 1994, providing that the vessel from which the documented harvest was made qualified for a gear endorsement under the Vessel Moratorium based on criteria specified at § 679.4(c)(5)(i)(B).

(ii) Area/Species Endorsements. A crab species license will be assigned one or more area/species endorsements specified at § 679.2 based on the criteria in paragraphs (i)(5)(ii)(A) through (G) of this section.

(A) Pribilof red king and Pribilof blue king. At least one documented harvest of any amount of red king or blue king crab harvested in the area described in the definition for the Pribilof red king and Pribilof blue king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1993, and December 31, 1994, to qualify for a Pribilof red king and Pribilof blue king area/species endorsement.

(B) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi. At least three documented harvests of any amount of C. opilio or C. bairdi crab harvested in the area described in the definition for the Bering Sea and Aleutian Islands Area C. opilio or C. bairdi area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1992, and December 31, 1994, to qualify for a C. opilio and C. bairdi area/species endorsement.

(C) St. Matthew blue king. At least one documented harvest of any amount of blue king crab harvested in the area described in the definition for the St. Matthews blue king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1992, and December 31, 1994, to qualify for a St. Matthew blue king area/species endorsement.

(D) Aleutian Islands brown king. At least three documented harvests of any amount of brown king crab harvested in the area described in the definition for the Aleutian Islands brown king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1992, and December 31, 1994, to qualify for a Aleutian Islands brown king area/species endorsement.

(E) Aleutian Islands red king. At least one documented harvest of any amount of red king crab harvested in the area described in the definition for the Aleutian Islands red king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1992, and December 31, 1994, to qualify for a Aleutian Islands red king area/species endorsement.

(F) Bristol Bay red king. At least one documented harvest of any amount of red king crab harvested in the area described in the definition for the Bristol Bay red king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1991, and December 31, 1994, to qualify for a Bristol Bay red king area/species endorsement.

(G) Norton Sound red king and Norton Sound blue king. At least one documented harvest of any amount of red king or blue king crab harvested in the area described in the definition for the Norton Sound red king and Norton Sound blue king area/species endorsement in § 679.2 must have been made from a vessel between January 1, 1993, and December 31, 1994, to qualify for a Norton Sound red king and Norton Sound blue king area/species endorsement.

(6) Application for a groundfish license or a crab species license. [Reserved].

(7) Transfers. [Reserved].

(8) Other provisions. (i) Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Fishery Conservation and Management Act or any regulations issued pursuant thereto, is subject to the civil and criminal penalty provisions and the civil forfeiture provisions of the Magnuson-Stevens Fishery Conservation and Management Act, part 621 of this chapter, 15 CFR part 904 (Civil Procedure), and other applicable law. Penalties include, but are not limited to, permanent or temporary sanctions to licenses.

(ii) Notwithstanding the provisions of the license limitation program in this part, vessels fishing for species other than license limitation groundfish as defined in § 679.2 that were authorized under Federal regulations to incidentally catch license limitation groundfish without a Federal fisheries permit described at § 679.4(b) will continue to be authorized to catch the maximum retainable bycatch amounts of license limitation groundfish as provided in this part without a groundfish license.

(iii) An eligible applicant, who qualifies for a groundfish license or crab species license but whose vessel on which the eligible applicant's qualification was based was lost or destroyed, will be issued a license. This license:

(A) Will have the vessel designation of the lost or destroyed vessel.

(B) Cannot be used to conduct directed fishing for license limitation groundfish or to conduct directed fishing for crab species on a vessel that has an LOA greater than the MLOA designated on the license.

(iv) A qualified person who owned a vessel on June 17, 1995, that made a documented harvest of license limitation groundfish, or crab species if applicable, between January 1, 1988, and February 9, 1992, but whose vessel was unable to meet all the criteria in paragraph (i)(4) of this section for a groundfish license or paragraph (i)(5) of this section for a crab species license because of an unavoidable circumstance (i.e., the vessel was lost, damaged, or otherwise unable to participate in the license limitation groundfish or crab fisheries) may receive a license if the qualified person is able to demonstrate that:

(A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel during a specific time period in a specific area.

(B) The specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel was thwarted by a circumstance that was:

(1) Unavoidable.

(2) Unique to the owner of that vessel, or unique to that vessel.

(3) Unforeseen and reasonably unforeseeable to the owner of the vessel.

(C) The circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species actually occurred.

(D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species.

(E) Any amount of license limitation groundfish or appropriate crab species was harvested on the vessel in the specific area that corresponds to the area endorsement or area/species endorsement for which the qualified person who owned a vessel on June 17, 1995, is applying and that the license limitation groundfish or crab species was harvested after the vessel was prevented from participating by the unavoidable circumstance but before June 17, 1995.

(v) A groundfish license or a crab species license may be used on a vessel that complies with the vessel designation on the license and that does not exceed the MLOA on the license.

(a) General requirements—(1) Applicability, Federal fisheries permit. Except as provided in paragraphs (a)(1)(iii) and (iv) of this section, the following participants must comply with the recordkeeping and reporting requirements of this section:

(i) Any catcher vessel, mothership, catcher/processor, or tender vessel, 5 net tons or larger, that is required to have a Federal fisheries permit under § 679.4.

(ii) Any shoreside processor, mothership, or buying station that receives groundfish from vessels issued a Federal fisheries permit under § 679.4. A shoreside processor, mothership, or buying station subject to recordkeeping and reporting requirements must report all groundfish and prohibited species received, including:

(A) Fish received from vessels not required to have a Federal fisheries permit.

(B) Fish received under contract for handling or processing for another processor.

(iii) Exemption for vessels less than 60 ft LOA. A catcher vessel less than 60 ft (18.3 m) LOA is not required to comply with recordkeeping and reporting requirements contained in § 679.5(a) through (j).

(iv) Exemption for groundfish used as crab bait. (A) Owners or operators of catcher vessels who take groundfish in crab pot gear for use as crab bait on board their vessels while participating in an open season for crab, and the bait is neither transferred nor sold, are exempt from Federal recordkeeping and reporting requirements contained in paragraphs (a) through (j) of this section.

(B) This exemption does not apply to fishermen who:

(1) Catch groundfish for bait during an open crab season and sell that groundfish or transfer it to another vessel, or

(2) Participate in a directed fishery for groundfish using any gear type during periods that are outside an open crab season for use as crab bait on board their vessel.

(C) No groundfish species listed by NMFS as “prohibited” in a management or regulatory area may be taken in that area for use as bait.

(2) Applicability, Federal processor permit. Any shoreside processor or vessel operating solely as a mothership in Alaska State waters that retains groundfish is responsible for complying with the applicable recordkeeping and reporting requirements of this section.

(3) Responsibility. (i) The operator of a catcher vessel, catcher/processor, mothership, or buying station receiving from a catcher vessel and delivering to a mothership (hereafter referred to as the operator) and the manager of a shoreside processor or buying station receiving from a catcher vessel and delivering to a shoreside processor (hereafter referred to as the manager) are each responsible for complying with the applicable recordkeeping and reporting requirements of this section.

(ii) The owner of a vessel, shoreside processor, or buying station is responsible for compliance and must ensure that the operator, manager, or representative (see paragraph (b) of this section) complies with the requirements given in paragraph (a)(3)(i).

(iii) The signature of the owner, operator, or manager on the DFL, DCL, or DCPL is verification of acceptance of the responsibility required in paragraphs (a)(3) (i) and (ii) and must be signed by noon of the day following the week-ending date of the weekly reporting period.

(4) Groundfish logbooks and forms. The Regional Administrator will prescribe and provide groundfish logbooks and forms required under this section as shown in Table 9 to this part. The operator or manager must use these logbooks and forms or obtain approval from the Regional Administrator to use electronic versions of the logbooks and forms.

(5) Participant identification information. The operator or manager must record on all required records, reports, and logbooks, as appropriate:

(i) The name of the catcher vessel, catcher/processor, mothership, shoreside processor, or buying station as displayed in official documentation.

(ii) If a catcher vessel, the Federal fisheries permit number and ADF&G vessel number.

(iii) If a shoreside processor, the Federal processor permit number and ADF&G processor number.

(iv) If a buying station, the name and ADF&G vessel number (if a vessel) of the buying station, and the name, ADF&G processor code, and Federal processor permit number of associated shoreside processor, or the Federal fisheries permit number of the associated mothership.

(v) Except for a DFL, DCL, or DCPL, the following information describing a representative's identification: the representative's name, daytime business telephone number (including area code), and fax or telex number. In addition, if completing a DPR, a VAR, or a mothership or catcher/processor PTR or check-in/check-out report, the representative's COMSAT number.

(vi) If a mothership or catcher/processor, the ADF&G processor code and Federal fisheries permit number.

(vii) Signature of owner, operator, or manager (see paragraph (a)(3)).

(6) Maintenance of records. (i) The operator or manager must maintain all records, reports, and logbooks in a legible, timely, and accurate manner; in English; if handwritten, in indelible ink; if computer-generated, in a printed paper copy; and based on A.l.t.

(ii) The operator or manager must account for each day of the fishing year in the logbook, starting with January 1 and ending with December 31. Time periods must be recorded consecutively in the logbook.

(iii) When applicable, the operator or manager must record in each report, form, and logbook the following information:

(A) Page number. (1) Except as provided in paragraph (a)(6)(iii)(A)(2) of this section, the operator or manager must number the pages in each logbook consecutively, beginning with page 1 and continuing throughout the logbook for the remainder of the fishing year. If more than one logbook is used in a fishing year, the page numbers should follow the consecutive order of the previous logbook.

(2) The manager of a shoreside processor must number the DCPL pages within Part I and Part II separately, beginning with page 1.

(B) Date, presented as month-day-year.

(1) If a catcher vessel and the logsheet contains records for more than one day, enter the first day of the logsheet at the top of the logsheet and the date of each day in the “catch” and “discard/donate” sections of the DFL.

(2) If a shoreside processor, enter the week-ending date of the weekly reporting period at the top of the logsheet and the date of each day of the week in the “landings” and “discard/donate” sections of the DCPL.

(C) Time, in military format to the nearest hour, A.l.t.

(D) Position coordinates, latitude and longitude to the nearest minute (optional: record to the nearest second or fraction of minute).

(E) Original/revised report. Except for a DFL, DCL, or DCPL, if a report is the first one submitted to the Regional Administrator for a given date, gear type, and reporting area, the report should be labeled, “ORIGINAL REPORT.” If a report is a correction to a previously submitted report for a given date, gear type, and reporting area, the report should be labeled, “REVISED REPORT.”

(7) Active and inactive periods—(i) Each day of fishing year. Account for each day of the fishing year in the DFL, DCL, or DCPL by checking the appropriate box to indicate active and inactive periods as defined under §679.2.

(ii) Separate logsheet. (A) If a mothership, catcher/processor, or buying station, use a separate logbook page for each day of an active period.

(B) If a catcher vessel, use a separate logbook page for each day or use one logbook page for up to 7 days.

(C) If a shoreside processor, use a separate logbook page for each day or use one logbook page for up to 7 days.

(iii) Inactive period. (A) Indicate in the DFL, DCL, or DCPL on one logbook page the first and last day of an inactive period.

(B) During an inactive period that extends across two or more successive quarters, the operator or manager must complete two logsheets: The one to indicate the last day of the first inactive quarter and the next page to indicate the first day of the second inactive quarter.

(iv) Fishing activity. Indicate in the DFL, DCL, or DCPL all fishing activity, which is defined for each type of vessel as follows:

(A) If a catcher vessel—harvest or discard of groundfish.

(B) If a catcher/processor—harvest, discard, or processing of groundfish.

(C) If a mothership or shoreside processor—receipt, discard, or processing of groundfish.

(D) If a buying station—receipt, discard, or delivery of groundfish.

(v) Active and conducting fishing activity. If in an active period and conducting fishing activity, the operator or manager must record in the DFL, DCL, or DCPL:

(A) Gear type. The gear type used to harvest the groundfish.

(1) If a catcher vessel or catcher/processor and using hook-and-line gear, the average number of hooks per skate.

(2) If a mothership or shoreside processor and groundfish shipment is received from a different processor through the use of a PTR, circle “PTR TRANSFER.”

(3) If gear type is not an authorized fishing gear, circle “OTHER.”

(4) If a mothership and groundfish are received in the same reporting area but were harvested with more than one gear type or if a catcher/processor and groundfish were caught in the same reporting area using more than one gear type, the operator must use a separate page in the DCPL for each gear type and must submit a separate check-in/check-out report, DPR (if required), and WPR for each gear type.

(5) If a shoreside processor and groundfish are received from the same reporting area but were harvested with more than one gear type, the manager must:

(i) Use a separate page in the DCPL for each gear type.

(ii) Except for gear type “PTR TRANSFER,” submit a separate check-in/check-out report, DPR (if required), and WPR for each gear type. The manager must not use the gear type “PTR TRANSFER” on a WPR.

(B) Reporting Area. The reporting area code where gear retrieval was completed (see Figures 1 and 3 to this part).

(1) If a haul or set occurs in more than one reporting area, record the reporting area code where gear retrieval was completed, regardless of where the majority of the haul or set took place.

(2) If a catcher vessel or catcher/processor using trawl gear, record whether catch was harvested in the COBLZ or in the RKCSA.

(i) If recording in DFL or DCPL, use two separate pages, the first to record the information from the reporting area that includes the COBLZ or RKCSA and the second to record the information from the reporting area that does not include the COBLZ or RKCSA.

(ii) If recording on a WPR, use two separate columns to record the part of the same reporting area that includes the COBLZ or RKCSA and the part that does not include the COBLZ or RKCSA.

(3) If a catcher/processor using trawl gear and recording on a check-in/check-out report, the operator must submit a separate check-in/check-out report to record the part of the same reporting area that includes the COBLZ or RKCSA and the part that does not include the COBLZ or RKCSA area.

(C) Observers. Except for a buying station, the number of observers aboard or on site.

(D) Number of crew. Except for a shoreside processor, the number of crew, excluding certified observer(s), on the last day of the weekly reporting period.

(E) CDQ. Whether harvest is under a CDQ program; if yes, record the CDQ number. If fishing under more than one CDQ number, use a separate page for each.

(vi) Active, no fishing activity—(A) Catcher vessel. If a catcher vessel, in an active period, and not harvesting or discarding groundfish, the operator must check “ACTIVE, NOT FISHING” in the DFL and briefly describe the reason.

(B) Catcher/processor. If a catcher/processor, in an active period, and not harvesting, discarding, or processing groundfish, the operator must record “ACTIVE, NOT FISHING” in the DCPL and briefly describe the reason.

(C) Mothership or shoreside processor. If a mothership or shoreside processor, in an active period, and not receiving, discarding, or processing groundfish, the operator or manager must record “NO RECEIVING OR PROCESSING ACTIVITY” in the DCPL and briefly describe the reason.

(D) Buying station. If a buying station, in an active period, and not receiving, discarding, or delivering groundfish, the operator or manager must record “NO RECEIVING OR DELIVERING ACTIVITY” in the DCL and briefly describe the reason.

(8) Landings information—(i) General. The manager of a shoreside processor must:

(A) Record and report groundfish landings by species codes and product codes as defined in Tables 1 and 2 to this part for each reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number.

(B) If recording landings on a WPR or DPR, report each groundfish landing only in metric tons to at least the nearest 0.001 mt.

(C) If no landings occurred, write “NO LANDINGS” for that day.

(ii) DCPL. The manager of a shoreside processor must record in the DCPL:

(A) Daily landings. The daily combined scale weight of landings retained for processing from a catcher vessel or from any associated buying station, to the nearest lb or to at least the nearest 0.001 mt. Use a check mark in the appropriate box to indicate whether records are in lbs or in metric tons.

(B) Weekly landings. At the end of each weekly reporting period, enter for each species and product code the cumulative total scale weight of landings for that week, summarized separately by reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number. The cumulative total weight is calculated by adding the daily totals for that week.

(9) Product Information—(i) General. The operator of a catcher/processor or mothership or the manager of a shoreside processor must:

(A) Record and report groundfish products by species codes, product codes, and product designations as defined in Tables 1 and 2 to this part for each reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number.

(B) If recording products on a WPR or DPR or recording products shipped or received on a PTR, the operator or manager must report each groundfish product only in metric tons to at least the nearest 0.001 mt.

(C) If no production occurred, write “NO PRODUCTION” for that day.

(ii) DCPL. The operator or manager must record in the DCPL:

(A) Daily production. The daily total, balance brought forward (except for shoreside processors), and cumulative total fish product weight for each groundfish product to the nearest lb or to at least the nearest 0.001 mt. Use a check mark in the appropriate box to indicate whether records are in lbs or in metric tons.

(B) Weekly production. At the end of each weekly reporting period, enter for each species and product code the cumulative total fish product weight for each groundfish product to the nearest lb or to at least the nearest 0.001 mt, summarized separately by reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number. The cumulative total fish product weight is calculated by adding the daily totals and total carried forward (except for a Shoreside Processor DCPL) for that week.

(iii) Beginning of weekly reporting period. At the beginning of each weekly reporting period, the amount is zero, and nothing shall be carried forward from the previous weekly reporting period.

(10) Discarded or donated species information. The operator or manager must record or report discards or donations as follows:

(i) General. (A) Record and report prohibited species (see § 679.21(b)) and groundfish discards or donations by species and product codes as defined in Tables 1 and 2 to this part for each reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number.

(B) If recording discards or donations on a WPR or DPR, the manager or operator must record:

(1) The weekly cumulative total discard or donation for each species and product code of groundfish species, groundfish species group, or Pacific herring in metric tons to at least the nearest 0.001 mt.

(2) The weekly cumulative total estimated numbers of discard or donation for each species and product code of Pacific salmon, steelhead trout, halibut, king crab, and Tanner crab.

(C) If there were no discards or donations, write “NO DISCARDS,” “0,” or “ZERO” for that day.

(ii) Logbook—(A) Groundfish and herring. For each discard or donation of groundfish, groundfish species groups, and Pacific herring, record in the DCPL, DCL, or DFL the date of discard, the estimated daily total, balance brought forward (except for shoreside processor DCPL), and cumulative total estimated fish discards or donations weight to the nearest lb or to at least the nearest 0.001 mt for each fishing trip. Use a check mark in the appropriate box to indicate whether records are in lbs or in metric tons.

(B) Prohibited species other than herring. For each discard or donation of Pacific salmon, steelhead trout, halibut, king crab, and Tanner crab, record in the DFL, DCL, or DCPL, the date of discard, the estimated daily total, balance brought forward (except for shoreside processor DCPL), and cumulative total estimated numbers for discards or donations for each fishing trip.

(C) Cumulative totals. At the end of each fishing trip, calculate the cumulative total by adding the daily total and balance forward (except for a Shoreside Processor DCPL), summarized separately by reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number.

(D) Beginning of weekly reporting period. At the beginning of each weekly reporting period, the amount is zero, and nothing shall be carried forward from the previous weekly reporting period.

(11) Contract processing. The manager of a shoreside processor or operator of a mothership who receives groundfish to be handled or processed under contract for another processor or business entity must report these fish to the Regional Administrator consistently throughout a fishing year using one of the following two methods:

(i) Combined records. Record landings (if applicable), discards, and products of contract-processed groundfish routinely in the DCPL, WPR, or DPR without separate identification; or

(ii) Separate records. Record landings (if applicable), discards, and products of contract-processed groundfish in a separate DCPL, WPR, or DPR identified by the name, Federal processor permit number or Federal fisheries permit number, and ADF&G processor code of the associated business entity.

(12) Alteration of records. (i) The operator, manager, or any other person may not alter or change any entry or record in a logbook, except that an inaccurate or incorrect entry or record may be corrected by lining out the original and inserting the correction, provided that the original entry or record remains legible.

(ii) No person except an authorized officer may remove any original page of any logbook.

(13) Inspection of records. The operator or manager must make all logbooks, reports, and forms required under this section available for inspection upon the request of an authorized officer.

(14) Submittal, retention, and distribution of logbooks and forms—(i) Submittal of forms. Forms other than logbooks and mothership fish tickets may be submitted by the operator or manager by:

(A) Using the NMFS printed form and faxing it to the fax number on the form; or

(B) Transmitting a data file with required information and forms to NMFS by modem or satellite (specifically INMARSAT standards A, B, or C).

(ii) Submittal of logbooks. (A) For recordkeeping and reporting in the groundfish fisheries of the EEZ off Alaska, the operator of a catcher vessel, mothership, catcher/processor, or of a buying station delivering to a mothership, or the manager of a shoreside processor or of a buying station delivering to a shoreside processor is required to use the logbooks issued per paragraph (a)(4) of this section, retain the logbooks per paragraph (a)(14)(vii) of this section, and submit the logbooks and logsheets to NMFS per paragraphs (a)(14)(iv), (v), and (vi) of this section.

(B) The operator or manager of a buying station must maintain a separate DCL for each mothership or shoreside processor to which the buying station delivers groundfish during a fishing year.

(iii) Logbook descriptions. The copy sets of each logbook are described below:

(A) Catcher vessel DFL. White, blue, and yellow copies.

(B) Catcher/processor DCPL. White and yellow copies.

(C) Mothership DCPL. White and yellow copies.

(D) Shoreside processor DCPL. White and yellow copies.

(E) Buying station DCL. White, pink, and yellow copies.

(iv) Logsheet distribution and retention. The operator or manager must distribute or retain the multiple copies of each logsheet as follows:

(A) White, original logsheet. The white copy remains permanently in the logbook.

(B) Yellow logsheet—(1) DFL or DCPL. The yellow DFL or DCPL copy is submitted to NMFS per paragraphs (a)(14) (v) and (vi) of this section.

(2) DCL—(I) Buying station. The operator or manager of a buying station must submit upon delivery of catch the yellow DCL copy to the associated mothership or shoreside processor, along with the ADF&G fish tickets for that delivery.

(ii) Mothership or shoreside processor. The operator or manager of the associated mothership or shoreside processor receiving a delivery from a buying station must submit the yellow DCL copy to NMFS per paragraphs (a)(14)(v) and (vi) of this section after photocopying each DCL yellow copy. The manager or operator of the associated mothership or shoreside processor must retain these photocopies until the original DCL is received from the associated buying station at the conclusion of fishing or no later than February 1 of the following fishing year.

(C) Blue discard logsheet, DFL—(1) Catcher vessel. Except when delivering an unsorted codend (see paragraph (c)(6)(i) of this section), the operator of a catcher vessel must submit the blue DFL copy to the buying station, mothership, or shoreside processor that receives the groundfish harvest.

(2) Buying station. The operator or manager of a buying station must submit upon delivery of catch to an associated mothership or shoreside processor any blue DFL copies received from catcher vessels delivering groundfish to the buying station.

(3) Mothership or shoreside processor. The operator of a mothership or the manager of a shoreside processor must retain the blue DFL copies submitted by operators of catcher vessels through the last day of the fishing year during which the records were made.

(D) Pink logsheet, DCL. The operator or manager of a buying station must retain the pink DCL copies for each associated mothership or shoreside processor for 3 years after the end of the fishing year during which the records were made.

(v) Logsheet submittal address. The yellow copies described in paragraph (a)(14)(iv)(B) of this section must be submitted on a quarterly basis to: NMFS Office of Enforcement, Alaska Region Logbook Program, P.O. Box 21767, Juneau, AK 99802-1767.

(vi) Yellow logsheet submittal schedule. The yellow copies described in paragraph (a)(14)(iv)(B) of this section must be submitted to NMFS on the following schedule: Yellow copies from the first quarter, by May 1 of that fishing year; yellow copies from the second quarter, by August 1 of that fishing year; yellow copies from the third quarter, by November 1 of that fishing year; and yellow copies from the fourth quarter, by February 1 of the following fishing year.

(vii) Retention of logbooks and forms. (A) The operator of a catcher vessel must retain the original (white) copy of all DFLs per paragraph (a)(14)(vii)(E) of this section.

(B) The operator of a catcher/processor or mothership or the manager of a shoreside processor must retain the white copy of all DCPLs per paragraph (a)(14)(vii)(E) of this section.

(C) The operator of a mothership or the manager of a shoreside processor must retain the white copy of the DCL from each associated buying station per paragraph (a)(14)(vii)(E) of this section.

(D) The operator of a catcher/processor or mothership or the manager of a shoreside processor must retain a paper copy of all forms submitted to NMFS, including those forms that were originally submitted electronically per paragraph (a)(14)(vii)(E) of this section.

(E) The operator of a catcher/processor or mothership or the manager of a shoreside processor must make the logbook copies and paper forms required in paragraphs (a)(14)(vii)(A) through (D) of this section available for inspection by an authorized officer:

(1) On site until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded in the logbooks and forms are retained.

(2) For 3 years after the end of the fishing year during which the records were made.

(15) Delivery information for buying station, mothership, and shoreside processor. The operator of a mothership or buying station delivering to a mothership or the manager of a shoreside processor or buying station delivering to a shoreside processor must record the following information in the “delivery information section” of the Buying Station DCL, Mothership DCPL, or Shoreside Processor DCPL:

(i) If groundfish delivery was made by a catcher vessel or buying station, write “CV” or “BS,” respectively.

(ii) If groundfish delivery was made by another processor, record:

(A) A dash (—) in the CV/BS column, in the receive/discard column, and in the fish ticket column.

(B) Name and ADF&G code of the processor that delivered the groundfish.

(C) Time the delivery was completed.

(D) Estimated total round weight of the groundfish. Option: Record actual weights by species, if known.

(iii) If groundfish delivery is from a catcher vessel, whether the blue DFL copies were submitted at time of delivery. If not submitted, record the response “NO” and a “P” to indicate the catcher vessel does not have a Federal fisheries permit; an “L” to indicate the catcher vessel is under 60 ft (18.3 m) length overall (LOA); or a “U” to indicate the catcher vessel delivered an unsorted codend. If a catcher vessel is under 60 ft (18.3 m) LOA and also does not have a Federal fisheries permit, record a “P.”

(iv) Name and ADF&G vessel number (if applicable) of the catcher vessel or buying station delivering the groundfish.

(v) Date and time (to the nearest hour, A.l.t.) when receipt of groundfish catch is completed.

(vi) If a mothership, latitude and longitude (to the nearest minute) of the mothership position when the groundfish catch is received. Option: Record to nearest second or fraction of minute.

(vii) Estimated total groundfish delivery weight of the groundfish catch to the nearest lb or to the nearest mt.

(viii) ADF&G fish ticket numbers issued to catcher vessels for the weekly reporting period, including the fish ticket numbers issued by an associated buying station.

(ix) If a shoreside processor and located in a state other than Alaska, the manager must record the fish ticket number issued through that state. If a state fish ticket system is unavailable, the manager must record the catch receipt number.

(x) If a buying station, the name and ADF&G processor code of the associated mothership or shoreside processor to which groundfish deliveries were made.

(b) Representative. The operator of a catcher vessel, mothership, catcher/processor, or buying station delivering to a mothership or manager of a shoreside processor or buying station delivering to a shoreside processor may identify one person to fill out and sign the logbook, to complete the recordkeeping and reporting forms, and to identify the contact person for inquiries from NMFS. Designation of a representative under this paragraph does not relieve the owner, operator, or manager of responsibility for compliance under paragraph (a)(3) of this section.

(c) Catcher vessel DFL and catcher/processor DCPL. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher vessel or catcher/processor must record:

(1) Pair trawls. If two catcher vessels are dragging a trawl between them (pair trawl), a separate DFL must be maintained by each vessel. Each vessel operator must log the amount of the catch retained by that vessel and any fish discarded by the vessel.

(2) Time limit and submittal—(i) Catcher vessel DFL. The operator of a catcher vessel must record in the DFL:

(A) The time, position, and estimated total catch weight of groundfish within 2 hours after gear retrieval.

(B) Discard or donation information as described at paragraph (a)(10) of this section each day on the day they occur; all other information required in the DFL by noon of the day following gear retrieval.

(C) Notwithstanding other time limits, all information required in the DFL within 2 hours after the vessel's catch is offloaded.

(D) Except as provided at paragraph (c)(6)(i) of this section, within 2 hours of completion of catch delivery information, the operator must submit the blue DFL copies with delivery of the harvest to the operator of a mothership or a buying station delivering to a mothership, or to the manager of a shoreside processor or buying station delivering to a shoreside processor.

(ii) Catcher/processor DCPL. The operator of a catcher/processor must record in the DCPL, for each haul or set:

(A) The time, position, and estimated total catch weight of groundfish within 2 hours after gear retrieval.

(B) Product and discard or donation information as described at paragraphs (a)(9) and (a)(10) of this section each day on the day they occur; all other information required in the DCPL by noon of the day following completion of production.

(C) Notwithstanding other time limits, record all information required in the DCPL within 2 hours after the vessel's catch is offloaded.

(3) Haul/set information. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher vessel or catcher/processor must record the following information for each haul or set:

(i) The number of haul or set, sequentially by year;

(ii) If the vessel is using hook-and-line gear, the number of skates set. If the vessel is using longline pot or single pot gear, the total number of pots set;

(iii) The date (month-day-year), begin time (to the nearest hour) and position coordinates (to the nearest minute) of gear deployment;

(iv) The date (month-day-year), end time (to the nearest hour), and position coordinates (to the nearest minute) of gear retrieval;

(v) The average sea depth and average gear depth, recorded to the nearest meter or fathom;

(vi) The estimated total round catch weight of the groundfish catch in lbs or to the nearest mt. If fishing in IFQ halibut fishery, enter the estimated total weight of groundfish bycatch;

(vii) The round catch weight of pollock and Pacific cod;

(viii) If fishing in an IFQ fishery, the estimated round catch weight of IFQ sablefish;

(ix) If fishing in an IFQ fishery, the round catch weight of rockfish and Pacific cod; and

(x) When fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing in that reporting area as described in § 679.20, the operator must record up to and including the maximum retainable bycatch amount for Pacific cod or rockfish as defined in Table 10 or 11 to this part; quantities over this amount must be recorded in the discard or donation section.

(4) Catcher vessel delivery information. The operator of a catcher vessel must record:

(i) The date of delivery.

(ii) The name, ADF&G processor code, and ADF&G fish ticket number(s) provided by the operator of the mothership or of the buying station delivering to a mothership, or by the manager of a shoreside processor or of a buying station delivering to a shoreside processor.

(5) IFQ data. The operator of a catcher vessel or catcher/processor using fixed gear must record IFQ information as follows:

(i) IFQ Identification. (A) Check “YES” or “NO” to record if persons aboard have authorized IFQ permits.

(B) If “YES,” record the following:

(1) Vessel operator's (captain's) name and IFQ permit number, if any.

(2) Name of each IFQ holder aboard the vessel and each holder's IFQ permit number.

(ii) IFQ landings. If IFQ landings are made, the operator must record the following:

(A) Month and day of landing.

(B) Name of registered buyer.

(C) Name of unloading port.

(6) Discard or donation information, catcher vessel. In addition to the requirements in paragraph (a)(10) of this section, the operator of a catcher vessel must record in the DFL:

(i) Unsorted codends. If deliveries to a mothership or shoreside processor are unsorted codends, the catcher vessel is exempt from recording discards in the DFL and from submittal of the blue DFL copy (discards copy) for that delivery (see paragraph (a)(14)(iv)(C) of this section). The operator must check the box entitled “unsorted codend” and must remove and discard the blue DFL copy.

(ii) Presorted delivery. Except as provided at § 679.27(d), if the deliveries of a catcher vessel are presorted at sea or if the catcher vessel has “bled” a codend prior to delivery to a mothership, shoreside processor, or buying station, the operator must:

(A) Check the “presorted delivery” box.

(B) Enter the estimated amount of discards or donations by species in the DFL.

(d) Buying station DCL—(1) General. In addition to requirements described in paragraphs (a) and (b) of this section, the operator or manager of a buying station must record discard or donation information in the DCL that:

(i) Are reported on a blue DFL copy by a catcher vessel delivering to a buying station.

(ii) Occur after receipt of harvest from a catcher vessel.

(iii) Occur prior to delivery of harvest to a mothership or shoreside processor.

(2) Time limits. The operator or manager of a buying station must record:

(i) Catcher vessel “delivery information” within 2 hours after completion of receipt of each groundfish delivery.

(ii) Discard or donation information as described at paragraph (a)(10) of this section:

(A) Each day on the day discards or donations occur:

(1) After receipt of harvest from a catcher vessel is completed; and

(2) Prior to delivery of harvest to a mothership or shoreside processor.

(B) On the day the blue DFL copy is received from a catcher vessel delivering groundfish to the buying station;

(iii) All other information required in the DCL by noon of the day following the day the receipt of groundfish was completed.

(e) Mothership DCPL—(1) General. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a mothership must record discard or donation information in the DCPL that:

(i) Is reported on a blue DFL copy by a catcher vessel or on a yellow DCL copy by a buying station delivering groundfish to a mothership.

(ii) Occurs on site after receipt of groundfish from a catcher vessel or buying station.

(iii) Occurs during processing of groundfish.

(2) Time limits. The operator of a mothership must record:

(i) Except for records of round weight catch for IR/IU species pollock and Pacific cod, “delivery information” in the DCPL within 2 hours after receipt of each groundfish delivery.

(ii) Product information as described at paragraph (a)(9) of this section each day on the day they occur.

(iii) Discard or donation information as described at paragraphs (a)(10) and (e)(1) of this section:

(A) Each day on the day they occur:

(1) On site after receipt of groundfish from a catcher vessel.

(2) During processing of groundfish.

(B) On the day the blue DFL copy is received from a catcher vessel delivering groundfish to the mothership.

(C) On the day the yellow DCL copy is received from a buying station delivering groundfish to a mothership.

(iv) All other information required in the DCPL by noon of the day following the day of production completion.

(f) Shoreside processor DCPL—(1) General. In addition to requirements described in paragraphs (a) and (b) of this section, the manager of a shoreside processor must record in the DCPL:

(i) The management area (BSAI or GOA) for the product where the groundfish was harvested on each section of the Part II logsheet.

(ii) Discard or donation information in the DCPL that:

(A) Is reported on a blue DFL copy by a catcher vessel or on a yellow DCL copy by a buying station delivering groundfish to a mothership.

(B) Occurs on site after receipt of groundfish from a catcher vessel or buying station.

(C) Occurs during processing of groundfish.

(2) Time limits. The manager of a shoreside processor must record:

(i) All catcher vessel or buying station “delivery information” within 2 hours after completion of receipt of each groundfish delivery.

(ii) Landings and product information as described at paragraphs (a)(8) and (a)(9), respectively, of this section each day on the day they occur.

(iii) Discard or donation information as described at paragraph (a)(10) of this section:

(A) Each day on the day they occur:

(1) On site after receipt of groundfish from a catcher vessel.

(2) During processing of groundfish.

(B) On the day the blue DFL copy is received from a catcher vessel delivering groundfish to a shoreside processor.

(C) On the day the yellow DCL copy is received from a buying station delivering groundfish to a shoreside processor.

(iv) All other information required in the DCPL by noon of the day following the day of production completion.

(g) Groundfish Product Transfer Report (PTR)—(1) Requirement. Except as provided in paragraphs (g)(1) (i) through (iv) of this section, the operator of a mothership or catcher/processor or the manager of a shoreside processor must record each transfer of groundfish product or donated prohibited species on a separate PTR.

(i) Product codes 41 and 99. The operator or manager does not report those fish products, defined as product code 41 in Table 1 to this part, that are destined for offsite fish meal production or those fish products, defined as product code 99 in Table 1 to this part that are subsequently transferred for discard at sea.

(ii) Bait sales. The operator or manager may aggregate individual sales or transfers of groundfish to vessels for bait purposes during a day onto one PTR when recording the amount of such bait product leaving a facility that day.

(iii) Over-the-counter groundfish sales. The operator or manager may aggregate individual over-the-counter sales of groundfish for human consumption in quantities less than 10 lb (0.0045 mt) per sale during a day onto one PTR when recording the amount of such over-the-counter product leaving a facility that day.

(iv) IFQ registered buyer. If the operator of a mothership or catcher/processor or the manager of a shoreside processor possesses a registered buyer permit issued per § 679.4(d)(2), the operator or manager is not required to submit a PTR to document shipment of IFQ or CDQ sablefish product. However, a shipment report as described at paragraph (l)(3) of this section is required for each shipment of IFQ or CDQ sablefish product.

(2) Time limits and submittal. The operator of a mothership or catcher/processor or manager of a shoreside processor must:

(i) Record all product transfer information on a PTR within 2 hours of the completion of the transfer.

(ii) Submit by fax a copy of each PTR to the NMFS Alaska Enforcement Division by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the transfer occurred.

(iii) A PTR is not required to accompany a shipment or offload.

(3) Information required—(i) General. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a mothership or catcher/processor or the manager of a shoreside processor must record on a PTR:

(A) Page numbers must be numbered consecutively, starting with the first transfer of the fishing year as page 1 and continuing throughout the remainder of the fishing year.

(B) “RECEIPT,” if product (including raw fish) is received; “OFFLOAD,” if product (including raw fish) is offloaded from a mothership or catcher/processor; “SHIPMENT,” if product (including raw fish) is shipped from a shoreside processor.

(C) If a catcher/processor or mothership, the USCG documentation number.

(ii) Transfer information. The operator of a catcher/processor or mothership or manager of a shoreside processor must record on each page the following information for each transfer:

(A) Vessel name. If another vessel is involved with the transfer, the name and call sign of the vessel receiving or delivering groundfish or groundfish products.

(B) Port of landing. If a mothership or catcher/processor and the transfer takes place in port, the port of landing and country, if a foreign location.

(C) Agent. (1) Except as provided in paragraphs (g)(3)(ii)(C)(2) and (g)(3)(ii)(C)(3) of this section, enter the agent's name, which, for purposes of this section, is defined as the buyer or the distributor.

(2) If groundfish bait transfer or sales are aggregated onto a PTR for a given day as described at paragraph (g)(1)(ii) of this section, enter “fishing vessels.”

(3) If groundfish over-the-counter sales are aggregated onto a PTR for a given day as described at paragraph (g)(1)(iii) of this section, enter “over-the-counter sales.”

(D) Intended first destination of product. (1) If an offload or shipment, the intended destination of the vessel or agent receiving the groundfish or groundfish product.

(2) If an offload or shipment has several destinations, the first intended destination.

(3) If offload or shipment has a single destination but requires loading on multiple vans, trucks, or airline flights, the transfer may be recorded on a single PTR page.

(4) If groundfish bait sales are aggregated onto a PTR for a given day as described at paragraph (g)(1)(ii) of this section, enter “bait.”

(5) If groundfish over-the-counter sales are aggregated onto a PTR for a given day as described at paragraph (g)(1)(iii) of this section, enter “over-the-counter sales.”

(E) Date and time of product transfer—(1) Start. Except as provided in paragraphs (g)(3)(ii)(E)(1)(i) and (ii) of this section, the date and time, as described in paragraph (a)(6)(iii) of this section the transfer starts.

(i) Bait sales. If groundfish bait sales are aggregated onto a PTR for a given day, the transfer start time is the time of the first bait sale.

(ii) Over-the-counter sales. If groundfish over-the-counter sales are aggregated onto a PTR for a given day, the transfer start time is the time of the first over-the-counter sale.

(2) Finish. Except as provided in paragraphs (g)(3)(ii)(E)(2)(i) through (v) of this section, the date and time, as described in paragraph (a)(6)(iii) of this section, the transfer is completed.

(i) Individual van or flight. If shipment is an individual van load or flight, the date and time when each shipment leaves the plant.

(ii) Multiple vans or trucks. If shipment involves multiple vans or trucks, record date and time when the last van or truck of the day leaves the plant.

(iii) Multiple airline flights. If shipment involves multiple airline flights, record date and time when the last airline flight shipment of the day leaves the plant.

(iv) Bait sales. If PTR is for aggregated groundfish bait sales for a given day, the transfer finish time is the time of the last bait sale.

(v) Over-the-counter sales. If PTR is for aggregated groundfish over-the-counter sales for a given day, the transfer finish time is the time of the last over-the-counter sale.

(F) Position transferred. If a catcher/processor or mothership and transfer of product is made at sea, the latitude and longitude of the transfer position in degrees and minutes.

(iii) Products and quantities offloaded, shipped, or received. The operator of a catcher/processor or mothership or manager of a shoreside processor must record the following information:

(A) If a catcher/processor or mothership, the harvest zone code of the area in which groundfish were harvested as defined in Table 8 to this part.

(B) The species code and product code for each product transferred as defined in Tables 1 and 2 to this part.

(C) The number of cartons or production units transferred.

(D) The average net weight of one carton for each species and product code in kilograms or lbs.

(E) The total net weight (fish product weight, to the nearest 0.001 mt) of the products transferred.

(iv) Total or partial offload. If a catcher/processor or mothership, whether the transfer is a total or partial offload. If partial offload, the total fish product weight, to the nearest 0.001 mt, of the products (by harvest zone, species and product codes) remaining on board after this transfer.

(h) Check-in/check-out report—(1) Applicability—(i) Transit between reporting areas. If a vessel is transiting through a reporting area and is not fishing or receiving fish, a check-in or check-out report is not required from that area.

(ii) Multiple vessel operations categories—(A) Check-in report. If a catcher/processor is functioning simultaneously as a mothership in the same reporting area, the operator must submit a separate check-in report for each vessel operations category.

(B) Check-out report. Upon completion of each activity, the operator must submit a check-out report for each vessel operations category.

(2) Time limits and submittal—(i) Check-in report (BEGIN message)—(A) Catcher/processor—(1) Using hook-and-line or pot gear. (i) Before the operator of a catcher/processor using hook-and-line or pot gear sets gear for groundfish in any reporting area except 300, 400, 550, or 690, the operator must submit a check-in report (BEGIN message) by fax to the Regional Administrator.

(ii) The operator of a catcher/processor using hook-and-line or pot gear may be checked-in to more than one area simultaneously.

(2) Using other than hook-and-line or pot gear. (i) Before the operator of a catcher/processor using other than hook-and-line or pot gear commences fishing for groundfish in any reporting area except 300, 400, 550, or 690, the operator must submit a check-in report (BEGIN message) by fax to the Regional Administrator.

(ii) The operator of a catcher/processor using other than hook-and-line or pot gear may be checked-in to only one area at a time.

(B) Mothership, shoreside processor, buying station. (1) Before a mothership, shoreside processor, or buying station commences receipt of groundfish from any reporting area except 300, 400, 550, or 690, the operator or manager must submit a check-in report (BEGIN message) by fax to the Regional Administrator.

(2) The operator of a mothership may be checked into more than one area simultaneously.

(C) Directed fishing under a CDQ allocation. The operator must submit by fax a check-in report to the Regional Administrator prior to directed fishing for each CDQ allocation.

(ii) Check-out report (CEASE message)—(A) Catcher/processor—(1) Using hook-and-line or pot gear. (i) If a catcher/processor using hook-and-line or pot gear departs a reporting area and gear retrieval is complete from that area, the operator must submit by fax a check-out report to the Regional Administrator within 24 hours after departing a reporting area.

(ii) If a catcher/processor using hook-and-line or pot gear is checked-in to multiple reporting areas, the operator must submit a check-out report for each reporting area by fax.

(2) Using other than hook-and-line or pot gear. If a catcher/processor using other than hook-and-line or pot gear departs a reporting area, the operator must submit by fax a check-out report to the Regional Administrator within 24 hours after departing a reporting area but prior to checking-in another reporting area.

(B) Mothership or buying station delivering to a mothership. (1) If a mothership or buying station delivering to a mothership completes receipt of groundfish, the operator must submit a check-out report by fax to the Regional Administrator within 24 hours after departing a reporting area.

(2) If a mothership is checked-in to multiple reporting areas, the operator must submit a check-out report for each reporting area by fax.

(C) Shoreside processor. If a shoreside processor, the manager:

(1) Must submit a check-out report by fax to the Regional Administrator within 48 hours after the end of the applicable weekly reporting period that a shoreside processor ceases to process groundfish for the fishing year.

(2) May submit a check-out report by fax to the Regional Administrator when receipt or processing of groundfish is temporarily halted during the fishing year for a period of at least two weekly reporting periods.

(D) Buying station delivering to a shoreside processor. If a land-based buying station delivering to a shoreside processor, the manager:

(1) Must submit a check-out report by fax to the Regional Administrator within 24 hours after delivery of groundfish ceases for the fishing year.

(2) May submit a check-out report by fax to the Regional Administrator when receipt of groundfish is temporarily halted during the fishing year for a period of at least two weekly reporting periods.

(E) End of fishing year. If a check-out report has not previously been submitted during a fishing year, the operator or manager must submit a check-out report at the end of that fishing year, December 31.

(F) Directed fishing under a CDQ allocation. The operator must submit a check-out report by fax to the Regional Administrator within 24 hours after directed fishing for each species under each CDQ allocation has ceased.

(3) General information. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher/processor, mothership, or of a buying station delivering to a mothership or the manager of a shoreside processor or buying station delivering to a shoreside processor must record:

(i) BEGIN message—(A) Mothership. (1) Date (month-day-year) and time (to the nearest hour, A.l.t.) that receipt of groundfish begins.

(2) Latitude and longitude of position in degrees and minutes where groundfish receipt begins.

(3) Reporting area code where groundfish receipt begins and whether mothership is receiving groundfish in the COBLZ or RKCSA area.

(4) Primary and secondary species expected to be received the following week. A change in intended target species within the same reporting area does not require a new BEGIN message.

(5) Whether acting as a mothership or catcher/processor.

(B) Catcher/processor. (1) Date (month-day-year) and time (to the nearest hour, A.l.t.) that gear is deployed.

(2) Latitude and longitude of position in degrees and minutes where gear is set.

(3) Reporting area code where gear deployment begins and whether catcher/processor is located in the COBLZ or RKCSA area.

(4) Primary and secondary species expected to be harvested the following week. A change in intended target species within the same reporting area does not require a new BEGIN message.

(5) Whether acting as a mothership or catcher/processor.

(C) Shoreside processor. (1) Date (month-day-year) the facility will begin to receive groundfish.

(2) Whether checking in for the first time at the beginning of the fishing year or checking in to restart receipt and processing of groundfish after filing a check-out report.

(D) Buying station. (1) If delivering to a mothership, reporting area code where groundfish receipt begins.

(2) Date (month-day-year) facility will begin to receive groundfish.

(3) Whether checking in at the beginning of the fishing year or checking in to restart after filing a check-out report.

(4) Intended primary target species expected to be received the following week. A change in intended target species within the same reporting area does not require a new BEGIN message.

(ii) CEASE message—(A) Mothership. Date (month-day-year), time (to the nearest hour, A.l.t.), and latitude and longitude of position in degrees and minutes where the last receipt of groundfish was made.

(B) Catcher/processor. Date (month-day-year), time (to the nearest hour, A.l.t.), and latitude and longitude of position in degrees and minutes where the vessel departed the reporting area.

(C) Shoreside processor. Date (month-day-year) that receipt of groundfish ceased.

(D) Buying station. (1) If delivering to a mothership, date (month-day-year), time (to the nearest hour, A.l.t.), and latitude and longitude of position in degrees and minutes where the vessel departed the reporting area.

(2) If delivering to a shoreside processor, date (month-day-year) that receipt of groundfish ceased.

(iii) Fish or fish product held at plant. The manager of a shoreside processor must report the weight of all fish or fish products held at the plant in lbs or to the nearest 0.001 mt by species and product codes on each check-in report and on each check-out report.

(i) Weekly Production Report (WPR)—(1) Applicability.

(i) The operator of a catcher/processor or mothership or the manager of a shoreside processor must submit a WPR for any week the mothership, catcher/processor, or shoreside processor is checked in pursuant to paragraph (h)(2)(i) of this section.

(ii) The operator of a vessel that is authorized to conduct operations as both a catcher/processor and as a mothership must submit separate WPRs to report production and discard as a catcher/processor and production and discard as a mothership.

(2) Time limits and submittal. The operator or manager must submit a WPR by fax to the Regional Administrator by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period.

(3) Information required. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher/processor or mothership, or manager of a shoreside processor must record:

(i) The date (month-day-year) the WPR was completed.

(ii) The primary and secondary target codes for the following week.

(iii) If a mothership or catcher/processor, record the processor type.

(j) Daily Production Report (DPR)—(1) Notification. If the Regional Administrator determines that DPRs are necessary to avoid exceeding a groundfish TAC or prohibited species bycatch allowance, NMFS may require submission of DPRs from motherships, catcher/processors, and shoreside processors for reporting one or more specified species, in addition to a WPR. NMFS will publish notification in the Federal Register specifying the fisheries that require DPRs and the dates that submittal of DPRs are required.

(2) Applicability. (i) If a catcher/processor or mothership is checked in to the specified reporting area and is harvesting, receiving, processing, or discarding the specified species or is receiving reports from a catcher vessel of discard at sea of the specified species, the operator must submit a DPR.

(ii) If a shoreside processor is receiving, processing, or discarding the specified species or is receiving reports from a catcher vessel of discard at sea of the specified species, the manager must submit a DPR.

(iii) The operator of a catcher/processor or mothership or the manager of a shoreside processor must use a separate DPR for each gear type, processor type, and CDQ number.

(3) Time limit and submittal. The operator or manager must submit a DPR by fax to the Regional Administrator by 1200 hours, A.l.t., the day following each day of landings, discard, or production.

(4) Information required. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher/processor or mothership, or the manager of a shoreside processor must record the processor type.

(k) U.S. Vessel Activity Report (VAR)—(1) Applicability. The operator of a catcher vessel, catcher/processor, or of a mothership regulated under this part must submit a VAR by fax to NMFS Alaska Enforcement Division, Juneau, AK, before the vessel crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-Canadian international boundary between Alaska and British Columbia.

(2) Information required—(i) General. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of each catcher vessel, catcher/processor, or mothership must record:

(A) If the vessel is crossing into the seaward boundary of the EEZ off Alaska or crossing the U.S.-Canadian international boundary between Alaska and British Columbia into U.S. waters, the operator must indicate a “return” report. “Return,” for purposes of this paragraph, means coming back to Alaska.

(B) If the vessel is crossing out of the seaward boundary of the EEZ off Alaska or crossing the U.S.-Canadian international boundary between Alaska and British Columbia into Canadian waters, the operator must indicate a “depart” report. “Depart,” for purposes of this paragraph, means leaving Alaska.

(C) Port of landing. If no fish on board, indicate first destination.

(D) Whether the vessel is returning from fishing or departing to fish in the Russian Zone.

(E) Date (month-day-year) and time (Greenwich mean time) the vessel will cross the seaward boundary of the EEZ off Alaska or the U.S.-Canadian international boundary between Alaska and British Columbia.

(F) Latitude and longitude of position in degrees and minutes at the point of crossing the seaward boundary of the EEZ off Alaska or U.S.-Canadian international boundary between Alaska and British Columbia.

(ii) Fish or fish products. The operator of a catcher vessel, catcher/processor, or mothership must record the fish or fish products on board the vessel when crossing the seaward boundary of the EEZ off Alaska or U.S.-Canadian international boundary as follows:

(A) The harvest zone code of the area in which groundfish were harvested as defined in Table 8 to this part.

(B) The species code and product code for each species on board as defined in Tables 1 and 2 to this part.

(C) The fish product weight of products on board in lbs or to the nearest 0.001 mt.

(l) IFQ recordkeeping and reporting requirements. In addition to the recordkeeping and reporting requirements in this section and as prescribed in the annual management measures published in the Federal Register pursuant to §300.62 of chapter III of this title, the following IFQ reports are required, when applicable: prior notices of landing, landing report, shipment report, transshipment authorization, vessel clearance report, and departure report.

(1) Prior notice of IFQ landing—(i) Applicability. Except as provided in paragraph (l)(1)(iv) of this section, the operator of any vessel making an IFQ landing must notify the NMFS Enforcement, Juneau, no fewer than 6 hours before landing IFQ halibut or IFQ sablefish, unless permission to commence an IFQ landing within 6 hours of notification is granted by a clearing officer.

(ii) Time limits. Prior notice of an IFQ landing must be made to the toll-free telephone number specified on the IFQ permit between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.

(iii) Information required. Prior notice must include the following: Name of the registered buyer(s) who will be responsible for completion and submission of the IFQ Landing Report(s); the location of the landing; vessel identification; estimated weight of the IFQ halibut or IFQ sablefish that will be landed; identification number(s) of the IFQ card(s) that will be used to land the IFQ halibut or IFQ sablefish; and the date and time that the landing will take place.

(iv) Exemption. The operator of a category B, C, or D vessel, as defined at §679.40(a)(5), making an IFQ landing of IFQ halibut of 500 lb (0.227 mt) or less of IFQ weight determined pursuant to §679.42(c)(2) and concurrent with a legal landing of salmon is exempt from the prior notice of landing required by this section.

(v) Revision to prior notice. The operator of any vessel wishing to land IFQ halibut or IFQ sablefish before the date and time reported in the prior notice or later than 2 hours after the date and time reported in the prior notice must submit a new prior notice of IFQ landing as described in paragraphs (l)(1)(i) through (iii) of this section.

(2) Landing report—(i) Applicability. A registered buyer must report an IFQ landing within 6 hours after all such fish are landed and prior to shipment or departure of the delivery vessel from the landing site.

(ii) Electronic landing report. (A) Electronic landing reports must be submitted to NMFS Enforcement, Juneau, using magnetic strip cards issued by NMFS, Alaska Region, and transaction terminals and printers driven by custom-designed software, as provided and/or specified by NMFS, Alaska Region. It is the responsibility of the registered buyer to locate or procure a transaction terminal and report as required. Waivers from the electronic reporting requirement can only be granted in writing on a case-by-case basis by a local clearing officer.

(B) The IFQ cardholder must initiate a landing report by using his or her own magnetic card and personal identification number (PIN).

(C) Once landing operations have commenced, the IFQ cardholder and the harvesting vessel may not leave the landing site until the IFQ account is properly debited. The offloaded IFQ species may not be moved from the landing site until the IFQ landing report is received by NMFS Enforcement, Juneau, and the IFQ cardholder's account is properly debited. A properly concluded transaction terminal receipt or manual landing report receipt received by fax from NMFS Enforcement, Juneau, constitutes confirmation that NMFS received the landing report and that the cardholder's account was properly debited. After the registered buyer enters the landing data in the transaction terminal and a receipt is printed, the IFQ cardholder must sign the receipt. Legible copies of the receipt must be retained by both the registered buyer and the IFQ cardholder pursuant to paragraph (l)(7) of this section.

(iii) Manual landing report. (A) If a waiver has been granted pursuant to paragraph (l)(2)(ii) of this section, manual landing instructions must be obtained from NMFS Enforcement, Juneau, at (800) 304-4846 or (907) 586-7163. Completed manual landing reports must be submitted by fax to NMFS Enforcement, Juneau, at (907) 586-7313.

(B) The manual landing report must be signed by the registered buyer, the IFQ cardholder, and the NMFS representative to show that the IFQ cardholder's account was properly debited.

(iv) Time limits and submittals. (A) An IFQ landing may commence only between 0600 hours, A.l.t., and 1800 hours, A.l.t., unless:

(1) Permission to land at a different time is granted in advance by a clearing officer; or

(2) IFQ halibut of 500 lb (0.227 mt) or less of IFQ weight determined pursuant to §679.42(c)(2) is landed concurrently with a legal landing of salmon by a category B, C, or D vessel, as defined at §679.40(a)(5).

(B) An IFQ landing report must be completed and the IFQ account(s) properly debited, as defined in paragraph (l)(2)(ii)(C) of this section, within 6 hours after the completion of the IFQ landing.

(v) Landing verification and inspection. Each IFQ landing and all fish retained on board the vessel making an IFQ landing are subject to verification, inspection, and sampling by authorized officers, clearing officers, or observers. Each IFQ halibut landing is subject to sampling for biological information by persons authorized by the IPHC.

(vi) Information required. The registered buyer must enter accurate information contained in a complete IFQ landing report as follows: Date, time, and location of the IFQ landing; name and permit number of the IFQ card holder and registered buyer; the harvesting vessel's ADF&G number; the Alaska State fish ticket number(s) for the landing; the ADF&G statistical area of harvest reported by the IFQ cardholder; if ADF&G statistical area is bisected by a line dividing two IFQ regulatory areas, the IFQ regulatory area of harvest reported by the IFQ cardholder; for each ADF&G statistical area of harvest reported by the IFQ cardholder, the product code landed and initial accurate scale weight made at the time offloading commences for IFQ species sold and retained.

(3) Shipment report—(i) Requirement. Each registered buyer, other than those conducting dockside sales must:

(A) Complete a written shipment report for each shipment or transfer of IFQ halibut and IFQ sablefish from that registered buyer before the fish leave the landing site.

(B) Assure that a shipment report is submitted to, and received by, NMFS Enforcement, Juneau, by fax to (907) 586-7313 or mail to P.O. Box 21767, Juneau, AK 99802-1767, within 7 days of the date shipment commenced.

(C) Assure that a copy of the shipment report or a bill of lading containing the same information accompanies the shipment of IFQ species from the landing site to the first destination beyond the location of the IFQ landing.

(ii) Information required. A shipment report must specify the following: Species and product type being shipped, number of shipping units, fish product weight, names of the shipper and receiver, names and addresses of the consignee and consignor, mode of transportation, and intended route.

(iii) Revision to shipment report. Each registered buyer must ensure that, if any information on the original Shipment Report changes prior to the first destination of the shipment, a revised shipment report is submitted to NMFS Enforcement, Juneau, clearly labeled “Revised Shipment Report” and that the revised shipment report be received by NMFS Enforcement, Juneau, within 7 days of the change.

(iv) Dockside sale or outside landing—(A) Dockside sale. (1) A registered buyer conducting dockside sales must issue a receipt in lieu of a shipment report, that includes the date of sale or transfer, the registered buyer permit number, and the fish product weight of the IFQ sablefish or halibut transferred to each individual receiving IFQ halibut or IFQ sablefish.

(2) A person holding a valid IFQ permit, IFQ card, and registered buyer permit may conduct a dockside sale of IFQ halibut or IFQ sablefish to a person who has not been issued a registered buyer permit.

(B) Outside landing. A person holding a valid IFQ permit, IFQ card, and registered buyer permit may conduct an IFQ landing outside an IFQ regulatory area or the State of Alaska to a person who does not hold a registered buyer permit.

(C) Landing report. The person making such an IFQ landing as described in paragraph (l)(3)(iv)(A) or (B) of this section must submit an IFQ landing report in the manner prescribed in paragraph (l)(2) of this section before any fish are sold, transferred, or removed from the immediate vicinity of the vessel with which they were harvested.

(4) Transshipment authorization. No person may transship processed IFQ halibut or IFQ sablefish between vessels without authorization by a clearing officer. Authorization from a clearing officer must be obtained for each instance of transshipment at least 24 hours before the transshipment is intended to commence. Requests for authorization must specify the date and location of the transshipment.

(5) Vessel clearance—(i) Applicability. The vessel operator who makes an IFQ landing at any location other than in an IFQ regulatory area or in the State of Alaska must obtain prelanding written clearance of the vessel from a clearing officer and provide the weight of IFQ halibut and IFQ sablefish on board to the clearing officer.

(ii) Responsibility. (A) A vessel operator must land and report all IFQ species on board at the same time and place as the first landing of any species harvested during an IFQ fishing trip.

(B) A vessel operator having been granted a vessel clearance must submit an IFQ landing report, required under this section, for all IFQ halibut, IFQ sablefish and products thereof that are on board the vessel at the first landing of any fish from the vessel.

(iii) Location of clearance—(A) State of Alaska. The vessel operator that obtains prelanding written clearance for the vessel at a port in the State of Alaska must obtain that clearance prior to departing the waters of the EEZ adjacent to the jurisdictional waters of the State of Alaska, the territorial sea of the State of Alaska, or the internal waters of the State of Alaska.

(B) State other than Alaska, Departure Report. (1) A vessel operator intending to obtain a prelanding written clearance for the vessel at a port in a state other than Alaska must first provide a departure report to NMFS Enforcement, Juneau, prior to departing the waters of the EEZ adjacent to the jurisdictional waters of the State of Alaska, the territorial sea of the State of Alaska, or the internal waters of the State of Alaska.

(2) Information required. The departure report must include the weight of the IFQ halibut or IFQ sablefish on board and the intended date and time the vessel will obtain prelanding written clearance at that port in a state other than Alaska.

(C) Foreign port other than Canada. A vessel operator who lands IFQ species in a foreign port must first obtain a vessel clearance from a clearing officer located at a primary port in the State of Alaska as described in paragraph (l)(5)(vi) of this section.

(D) Canadian ports. No person shall make an IFQ landing in Canada other than at the ports of Port Hardy, Prince Rupert, or Vancouver, British Columbia.

(iv) Permits and cards. A vessel operator obtaining a vessel clearance must have a registered buyer permit and one or more IFQ cardholders on board with IFQ holdings equal to or greater than all IFQ halibut and IFQ sablefish on board.

(v) Inspection. A vessel for which a vessel operator is seeking clearance is subject to inspection of all fish, logbooks, permits, and other documents on board the vessel at the discretion of the clearing officer.

(vi) Primary ports. Unless specifically authorized on a case-by-case basis, vessel clearances will be issued only by clearing officers at the following primary ports:

(6) Record retention. A copy of all reports and receipts required by this section must be retained by registered buyers and be made available for inspection by an authorized officer or a clearing officer for a period of 3 years.

(m) Consolidated weekly ADF&G fish tickets from motherships—(1) Requirement. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a mothership must ensure that the combined catch for each catcher vessel is summarized at the end of each weekly reporting period by species on a minimum of one ADF&G groundfish fish ticket when the mothership receives any groundfish from a catcher vessel that is issued a Federal fisheries permit under §679.4. (An ADF&G fish ticket is further described (see §679.3) at Alaska Administrative Code, 5 AAC Chapter 39.130).

(2) Information required. (i) The operator of a mothership must ensure that the following information is imprinted or written legibly on the consolidated weekly ADF&G fish ticket from the catcher vessel operator's State of Alaska, Commercial Fisheries Entry Commission (CFEC) permit card in order to describe the CFEC permit holder:

(A) Vessel name. Name of the catcher vessel delivering the groundfish.

(B) Name. Name of CFEC permit holder. If more than one operator is on the same vessel during the same weekly reporting period, complete a fish ticket for each operator.

(C) Permit number. CFEC permit number.

(D) ADF&G No. ADF&G catcher vessel number.

(ii) The operator of a mothership must ensure that the following information is imprinted or written legibly on the consolidated weekly ADF&G fish ticket from the mothership's CFEC processor plate card in order to describe the mothership:

(A) Processor code. ADF&G processor code of mothership.

(B) Company. Identification of mothership.

(iii) The operator of a mothership must record on the consolidated weekly ADF&G groundfish fish ticket the following information obtained from the catcher vessel operator:

(A) ADF&G No. The ADF&G number of the catcher vessel delivering fish to the mothership, if the catcher vessel is different from the vessel identified in the CFEC permit card.

(B) Date landed. The week-ending date of the weekly reporting period during which the mothership received the groundfish from the catcher vessel.

(C) Port of landing or vessel transshipped to. “FLD,” a code which means floating processor.

(D) Type of gear used. Write in one of the following gear types used by the catcher vessel to harvest groundfish received:

(1) Hook and line.

(2) Pot.

(3) Nonpelagic trawl.

(4) Pelagic trawl.

(5) Jig/troll.

(6) Other.

(iv) The operator of a mothership is responsible for ensuring that the following information is recorded on an ADF&G fish ticket for each catcher vessel:

(A) Code. Species code for each species from Table 2 to this part, except species codes 144, 168, 169, or 171.

(B) Statistical area. ADF&G 6-digit statistical area in which groundfish were harvested. If more than the allowed eight statistical areas per fish ticket is exceeded in a weekly reporting period, complete a second fish ticket. These statistical areas are defined in a set of charts obtained at no charge from Alaska Commercial Fisheries Management & Development Division, Department of Fish and Game, 211 Mission Road, Kodiak, AK, 99615-6399.

(C) Condition code. The product code from Table 1 to this part which describes the condition of the fish received by the mothership from the catcher vessel. In most cases, this will be product code 1, whole fish.

(D) Pounds. The landed weight of each species to the nearest lb.

(E) Permit holder's signature. The signature of the catcher vessel CFEC permit holder.

(F) Fish received by. The signature of the mothership operator.

(3) Time limit and submittal. (i) The operator of a mothership must complete the consolidated weekly ADF&G groundfish fish ticket for each catcher vessel by 1200 hours, A.l.t., on Tuesday following the end of the applicable weekly reporting period.

(ii) The operator of a mothership must submit the original consolidated weekly ADF&G groundfish fish tickets (fax copy is not acceptable) to Alaska Commercial Fisheries Management & Development Division, Department of Fish and Game, 211 Mission Road, Kodiak, AK, 99615-6399, within 30 days after landings are received.

(n) Groundfish CDQ fisheries—(1) CDQ delivery report. The manager of each shoreside processor and the manager or operator of each buying station taking deliveries of CDQ or PSQ species from catcher vessels must submit the following information on the CDQ delivery report to NMFS within 24 hours of each delivery of groundfish CDQ species:

(i) CDQ number.

(ii) Name of the vessel delivering CDQ, writing “unnamed” if the vessel has no name.

(iii) ADF&G number of the vessel delivering CDQ.

(iv) Federal fisheries permit number of the vessel delivering CDQ, if applicable.

(v) Name of the processor taking delivery of the CDQ.

(vi) Federal processor permit number of the processor taking delivery of the CDQ.

(vii) Gear used to catch CDQ.

(viii) The CDQ delivery number, which is a unique, sequential number assigned by the catcher vessel operator and recorded in the DCPL.

(ix) Reporting area where CDQ catch was made.

(x) For catcher vessels using trawl gear, whether the catch was from the CVOA or from the COBLZ.

(xi) Date the CDQ catch was delivered to the processor.

(xii) Species codes using codes in Table 2 to this part.

(xiii) Product codes using the product codes listed in Table 1 to this part for groundfish and at § 679.42(c)(2)(iii) for halibut, using product code 98 to designate at-sea discards reported by the operator of an unobserved vessel.

(xiv) Product weight to the nearest 0.001 mt for groundfish CDQ and halibut CDQ or PSQ, and the total number of salmon PSQ and crab PSQ delivered to the processor. The weight of halibut CDQ, halibut PSQ, halibut IFQ, and sablefish IFQ must be reported separately on the CDQ delivery report. In addition, PSQ delivered to the processor must be reported separately from PSQ discarded at sea by unobserved catcher vessels. For catcher vessels with a CDQ observer, do not report estimates of at-sea discards on the CDQ delivery report.

(xv) The printed name, signature, and date of signature for the vessel operator and the manager of the shoreside processing plant or operator or the buying station.

(2) CDQ catch report. The CDQ catch report is required for all catch made by vessels groundfish CDQ fishing as defined at § 679.2. The CDQ representative must submit the following information to NMFS within 7 days of the date CDQ catch was delivered by a catcher vessel to a shoreside processor, buying station, or mothership, or within 7 days of the date gear used to catch CDQ was retrieved for catcher/processors.

(i) For all CDQ catch reports. (A) CDQ number.

(B) Name of vessel used to catch CDQ, writing “unnamed” if the vessel has no name.

(C) Federal fisheries permit number of the vessel used to catch CDQ.

(D) ADF&G number of the vessel used to catch CDQ.

(E) Gear used to catch CDQ.

(F) Reporting area where CDQ catch was made.

(G) For vessels using trawl gear, whether the catch was from the CVOA or COBLZ.

(H) Species codes using codes in Table 2 to this part.

(I) The CDQ representative's printed name, signature, and date of signature.

(ii) For catcher vessels retaining all groundfish CDQ and delivering it to a shoreside processing plant (Option 1 in the CDP). (A) Name of the processor taking delivery of the CDQ.

(B) Federal processor permit number of the processor taking delivery of the CDQ.

(C) Date CDQ catch was delivered.

(D) The CDQ delivery number.

(E) Product codes using the product codes listed in Table 1 to this part for groundfish and at § 679.42(c)(2)(iii) for halibut, using product code 98 to designate at-sea discards reported by the operator of an unobserved vessel.

(F) Product weight to the nearest 0.001 mt for groundfish CDQ and halibut CDQ or PSQ, and the total number of salmon PSQ and crab PSQ. The weight of halibut and sablefish CDQ and IFQ, and the weight of halibut PSQ must be reported separately. PSQ reports must include all PSQ delivered to the processor and all PSQ reported as discarded at sea by the vessel operator for unobserved vessels and by the CDQ observer for vessels required to carry a CDQ observer. The CDQ catch report must identify whether sablefish CDQ accrues against the fixed gear sablefish CDQ reserve or the sablefish CDQ reserve as defined at § 679.20(b)(1)(iii).

(iii) For catcher/processors; catcher vessels delivering to motherships; and catcher vessels using nontrawl gear discarding groundfish CDQ at sea and delivering to shoreside processing plants (Option 2 in the CDP). (A) Name, Federal fisheries permit number, and ADF&G number of the mothership, if applicable.

(B) Name and Federal processor permit of the shoreside processing plant, if applicable.

(C) The CDQ observer's haul or set number.

(D) Date gear retrieved by the catcher/processor, mothership, or catcher vessel as determined by the CDQ observer.

(E) The total weight to the nearest 0.001 mt for groundfish CDQ and halibut PSQ, the product code and product weight for halibut CDQ, and the total number of salmon PSQ and crab PSQ. The weight of halibut CDQ and halibut PSQ must be reported separately and the CDQ catch report must identify whether sablefish CDQ accrues against the fixed gear sablefish CDQ reserve or the sablefish CDQ reserve as defined at § 679.20(b)(1)(iii).

(3) Halibut CDQ. All halibut CDQ harvested by vessels while groundfish CDQ fishing as defined at § 679.2 must be reported on the CDQ delivery report and on the CDQ catch report.