[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2478-2480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2011-32873]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 110314196-1725-02]
RIN 0648-BA97
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Gulf of Alaska; Amendment 88
Correction
Sec. 679.81 [Corrected]
In rule document 2011-32873 appearing on pages 81248-81293 in the
issue of December 27, 2011, make the following correction:
On pages 81283-81283, the table at Sec. 679.81(i)(3) is reprinted
in its entirety:
[[Page 2479]]
------------------------------------------------------------------------
Catcher vessel Catcher/processor
Requirement sector sector
------------------------------------------------------------------------
(i) Who may join a rockfish Only persons who hold rockfish QS may join
cooperative?. a rockfish cooperative.
(ii) What is the minimum No minimum requirement.
number of LLP licenses that
must be assigned to form a
rockfish cooperative?
------------------------------------------------------------------------
(iii) Is an association with Yes, a rockfish QS No.
a rockfish processor holder may only be
required? a member of a
rockfish
cooperative formed
in association with
a rockfish
processor. The
rockfish
cooperative may not
receive rockfish CQ
unless a shoreside
processor eligible
to receive rockfish
CQ has indicated
that it may be
willing to receive
rockfish CQ from
that cooperative in
the application for
CQ, as described
under Sec.
679.81, that is
submitted by that
cooperative.
------------------------------------------------------------------------
(iv) Is a rockfish No.................. N/A.
cooperative member required
to deliver catch to the
rockfish processor with
whom the rockfish
cooperative is associated?
------------------------------------------------------------------------
(v) Is there a minimum No.................. No.
amount of rockfish QS that
must be assigned to a
rockfish cooperative for it
to be allowed to form?
------------------------------------------------------------------------
(vi) What is allocated to CQ for rockfish primary species, rockfish
the rockfish cooperative? secondary species, and rockfish halibut
PSC, based on the rockfish QS assigned to
all of the LLP licenses that are assigned
to the cooperative.
------------------------------------------------------------------------
(vii) Is this CQ an Yes, the members of the rockfish
exclusive harvest cooperative have an exclusive harvest
privilege?. privilege to collectively catch this CQ,
or a cooperative may transfer all or a
portion of this CQ to another rockfish
cooperative.
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(viii) Is there a season Yes, any vessel designated to catch CQ for
during which designated a rockfish cooperative is limited to
vessels may catch CQ? catching CQ during the season beginning
on 1200 hours, A.l.t., on May 1 through
1200 hours, A.l.t., on November 15.
------------------------------------------------------------------------
(ix) Can any vessel catch a No, only vessels that are named on the
rockfish cooperative's CQ? application for CQ for that rockfish
cooperative may catch the CQ assigned to
that rockfish cooperative. A vessel may
be assigned to only one rockfish
cooperative in a calendar year.
------------------------------------------------------------------------
(x) Can a member of a No, only the rockfish cooperative's
rockfish cooperative designated representative, and not
transfer CQ individually to individual members, may transfer its CQ
another rockfish to another rockfish cooperative. Any such
cooperative without the transfer must be approved by NMFS as
approval of the other established under paragraph (i)(4)(ii) of
members of the rockfish this section.
cooperative?
------------------------------------------------------------------------
(xi) Can a rockfish N/A................. No, a sideboard
cooperative in the catcher/ limit assigned to a
processor sector transfer rockfish
its sideboard limit? cooperative in the
catcher/processor
sector is a limit
applicable to a
specific rockfish
cooperative, and
may not be
transferred between
rockfish
cooperatives.
------------------------------------------------------------------------
(xii) Is there a hired No, there is no hired master requirement.
master requirement?.
------------------------------------------------------------------------
(xiii) Can an LLP license be No, an LLP license may only be assigned to
assigned to more than one one rockfish cooperative in a calendar
rockfish cooperative in a year. A person holding multiple LLP
calendar year? licenses with associated rockfish QS may
assign different LLP licenses to
different rockfish cooperatives subject
to any other restrictions that may apply.
------------------------------------------------------------------------
(xiv) Can a rockfish Yes................. N/A.
processor be associated
with more than one rockfish
cooperative?
------------------------------------------------------------------------
(xv) Can an LLP license be N/A................. No, each calendar
assigned to a rockfish year an LLP license
cooperative and opt-out of must either be
participating in a rockfish assigned to a
cooperative? rockfish
cooperative or opt-
out.
------------------------------------------------------------------------
(xvi) Which members may That is determined by the rockfish
harvest the rockfish cooperative contract signed by its
cooperative's CQ? members. Any violations of this contract
by one cooperative member may be subject
to civil claims by other members of the
rockfish cooperative.
------------------------------------------------------------------------
(xvii) Does a rockfish Yes, a rockfish cooperative must have a
cooperative need a membership agreement or contract that
contract? specifies how the rockfish cooperative
intends to harvest its CQ. A copy of this
agreement or contract must be submitted
to NMFS with the cooperative's
application for CQ.
------------------------------------------------------------------------
[[Page 2480]]
(xviii) What happens if the A rockfish cooperative is not authorized
rockfish cooperative to catch fish in excess of its CQ and
exceeds its CQ amount? must not exceed its CQ amount at the end
of the calendar year. Exceeding a CQ is a
violation of the Rockfish Program
regulations. Each member of the rockfish
cooperative is jointly and severally
liable for any violations of the Rockfish
Program regulations while fishing under
authority of a CQ permit. This liability
extends to any persons who are hired to
catch or receive CQ assigned to a
rockfish cooperative. Each member of a
rockfish cooperative is responsible for
ensuring that all members of the rockfish
cooperative comply with all regulations
applicable to fishing under the Rockfish
Program.
------------------------------------------------------------------------
(xix) Is there a limit on Yes, see Sec. 679.82(a) for the
how much CQ a rockfish provisions that apply.
cooperative may hold or
use?
------------------------------------------------------------------------
(xx) Is there a limit on how Yes, see Sec. 679.82(a) for the
much CQ a vessel may provisions that apply.
harvest?
------------------------------------------------------------------------
(xxi) Is there a requirement Yes, see Sec. 679.85 for the provisions
that a rockfish cooperative that apply.
pay rockfish cost recovery
fees?
------------------------------------------------------------------------
(xxii) When does catch count Any vessel fishing checked-in (and
against my CQ permit? therefore fishing under the authority of
a CQ permit must count any catch of
rockfish primary species, rockfish
secondary species, or rockfish halibut
PSC against that rockfish cooperative's
CQ from May 1 until November 15, or until
the effective date of a rockfish
cooperative termination of fishing
declaration that has been approved by
NMFS).
------------------------------------------------------------------------
(xxiii) If my vessel is No. If you are fishing in a directed
checked-out and fishing in flatfish fishery and checked-out of the
a directed flatfish fishery Rockfish Program fisheries, you are not
in the Central GOA and I fishing under the authority of a CQ
catch groundfish and permit. Groundfish harvests would not be
halibut PSC, does that debited against the rockfish
count against the rockfish cooperative's CQ permit. In this case,
cooperative's CQ? any catch of halibut would be attributed
to the halibut PSC limit for that
directed target fishery and gear type and
any applicable sideboard limit.
------------------------------------------------------------------------
(xxiv) Can my rockfish The rockfish cooperatives formed under the
cooperative negotiate Rockfish Program are intended to conduct
prices for me? and coordinate harvest activities for
their members. Rockfish cooperatives
formed under the Rockfish Program are
subject to existing antitrust laws.
Collective price negotiation by a
rockfish cooperative must be conducted in
accordance with existing antitrust laws.
------------------------------------------------------------------------
(xxv) Are there any special Yes, each year a rockfish cooperative must
reporting requirements? submit an annual rockfish cooperative
report to NMFS by December 15 of that
year. See Sec. 679.5(r)(6) for the
reporting requirements.
------------------------------------------------------------------------
(xxvi) What is required in The annual rockfish cooperative report
the annual rockfish must include at a minimum:
cooperative report?
(A) The rockfish cooperative's CQ,
sideboard limit (if applicable), and any
rockfish sideboard fishery harvests made
by the vessels in the rockfish
cooperative on a vessel-by-vessel basis;
(B) The rockfish cooperative's actual
retained and discarded catch of CQ, and
sideboard limit on an area-by-area and
vessel-by-vessel basis;
(C) A description of the method used by
the rockfish cooperative to monitor
fisheries in which rockfish cooperative
vessels participated; and
(D) A description of any civil actions
taken by the rockfish cooperative in
response to any members that exceeded
their allowed catch.
------------------------------------------------------------------------
[FR Doc. C1-2011-32873 Filed 1-17-12; 8:45 am]
BILLING CODE 1505-01-D