[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2010 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          50


          Part 660 to End

          Revised as of October 1, 2010


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2010
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce (Continued)                         3
  Finding Aids:
      Table of CFR Titles and Chapters........................    1063
      Alphabetical List of Agencies Appearing in the CFR......    1083
      List of CFR Sections Affected...........................    1093

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 660.1 refers 
                       to title 50, part 660, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

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collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Director,
    Office of the Federal Register.
    October 1, 2010.







[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-199, 
parts 200-599, parts 600-659, and part 660 to end. The first six volumes 
consist of parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to 
end of 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to end of 
part 17), and parts 18-199 and contain the current regulations issued 
under chapter I--United States Fish and Wildlife Service, Department of 
the Interior. The seventh volume (parts 200-599) contains the current 
regulations issued under chapter II--National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, Department of Commerce; 
chapter III--International Fishing and Related Activities, chapter IV--
Joint Regulations (United States Fish and Wildlife Service, Department 
of the Interior and National Marine Fisheries Service, National Oceanic 
and Atmospheric Administration, Department of Commerce); Endangered 
Species Committee regulations; and chapter V--Marine Mammal Commission. 
The eighth and ninth volumes (parts 600-659 and part 660 to end) contain 
the current regulations issued under chapter VI--Fishery Conservation 
and Management, National Oceanic and Atmospheric Administration, 
Department of Commerce. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of October 
1, 2010.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Michael L. 
White, assisted by Ann Worley.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 660 to end)

  --------------------------------------------------------------------
                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce (Continued)......................................         660

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 CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND 
     ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to Chapter VI appear at 69 FR 
53361, 53362, Sept. 1, 2004.
Part                                                                Page
660             Fisheries off West Coast States.............           5
665             Fisheries in the Western Pacific............         397
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         497
680             Shellfish fisheries of the Exclusive 
                    Economic Zone off Alaska................         927
697             Atlantic coastal fisheries cooperative 
                    management..............................        1018

[[Page 5]]



PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents



                            Subpart A_General

Sec.
660.1 Purpose and scope.
660.2 Relation to other laws.
660.3 Reporting and recordkeeping.

Subpart B [Reserved]

                Subpart C_West Coast Groundfish Fisheries

660.10 Purpose and scope.
660.11 General definitions.
660.12 General groundfish prohibitions.
660.13 Recordkeeping and reporting.
660.14 Vessel Monitoring System (VMS) requirements.
660.15 Equipment requirements.
660.16 Groundfish observer program.
660.17 Catch monitors and catch monitor service providers [Reserved]
660.18 Certification and decertification procedures for observers, catch 
          monitors, catch monitor providers and observer providers.
660.20 Vessel and gear identification.
660.24 Limited entry and open access fisheries
660.25 Permits.
660.26 Pacific whiting vessel licenses.
660.30 Compensation with fish for collecting resource information--EFPs.
660.40 Overfished species rebuilding plans.
660.50 Pacific coast treaty Indian fisheries.
660.55 Allocations.
660.60 Specifications and management measures.
660.65 Groundfish harvest specifications.

Table 1a to Part 660, Subpart C--2009, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 1b to Part 660, Subpart C--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
Table 1c to Part 660, Subpart C--2009, Open Access and Limited Entry 
          Allocations by Species or Species Group (weights in metric 
          tons)
Table 1d to Part 660, Subpart C-- At-Sea Whiting Fishery Annual Set-
          Asides, 2011 and 2012.
Table 2a to Part 660, Subpart C--2010, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 2b to Part 660, Subpart C--2010, and Beyond, Harvest Guidelines 
          for Minor Rockfish by Depth Sub-groups (weights in metric 
          tons)
Table 2c to Part 660, Subpart C--2010, and Beyond, Open Access and 
          Limited Entry Allocations by Species or Species Group (weights 
          in metric tons)

      Subpart D	West Coast Groundfish_Limited Entry Trawl Fisheries

660.100 Purpose and scope.
660.111 Trawl fishery--definitions.
660.112 Trawl fishery--prohibitions.
660.113 Trawl fishery--recordkeeping and reporting
660.116 Trawl fishery--observer requirements.
660.120 Trawl fishery--crossover provisions.
660.130 Trawl fishery--management measures.
660.131 Pacific whiting fishery management measures.
660.140 Shorebased IFQ Program.
660.150 Mothership (MS) Coop Program.
660.160 Catcher/processor (C/P) Coop Program.

Table 1 (North) to Part 660, Subpart D--2010 Trip Limits for Limited 
          Entry Trawl Gear North of 40[deg]10[min] N. Lat.
Table 1 (South) to Part 660, Subpart D--2010 Trip Limits for Limited 
          Entry Trawl Gear South of 40[deg]10[min] N. Lat.
Figure 1 to Part 660, Subpart D--Diagram of Selective Flatfish Trawl

   Subpart E_West Coast Groundfish_Limited Entry Fixed Gear Fisheries

660.210 Purpose and scope.
660.211 Fixed gear fishery--definitions.
660.212 Fixed gear fishery--prohibitions.
660.213 Fixed gear fishery--recordkeeping and reporting.
660.216 Fixed gear fishery--observer requirements.
660.219 Fixed gear identification and marking.
660.220 Fixed gear fishery--crossover provisions.
660.230 Fixed gear fishery--management measures.
660.231 Limited entry fixed gear primary fishery for sablefish.
660.232 Limited entry daily trip limit (DTL) fishery for sablefish

Table 2 (North) to Part 660, Subpart E--2010 Trip Limits for Limited 
          Entry Fixed Gear North of 40[deg]10[min] N. Lat.
Table 2 (South) to Part 660, Subpart E--2010 Trip Limits for Limited 
          Entry Fixed Gear South of 40[deg]10[min] N. Lat.

          Subpart F_West Coast Groundfish_Open Access Fisheries

660.310 Purpose and scope.
660.311 Open access fishery--definitions.
660.312 Open access fishery--prohibitions.

[[Page 6]]

660.313 Open access fishery--recordkeeping and reporting.
660.316 Open access fishery--observer requirements.
660.319 Open access fishery gear identification and marking.
660.320 Open access fishery--crossover provisions.
660.330 Open access fishery--management measures.
660.332 Open access daily trip limit (DTL) fishery for sablefish.
660.333 Open access non-groundfish trawl fishery--management measures.

Table 3 (North) to Part 660, Subpart F--2010 Trip Limits for Open Access 
          Gears North of 40[deg]10[min] N. Lat.
Table 3 (South) to Part 660, Subpart F--2010 Trip Limits for Open Access 
          Gears South of 40[deg]10[min] N. Lat.

                     Subpart G_West Coast Groundfish

660.301 Purpose and scope.
660.302 Definitions.
660.303 Reporting and recordkeeping.
660.305 Vessel identification.
660.306 Prohibitions.
660.312 Vessel Monitoring System (VMS) requirements.
660.314 Groundfish observer program.
660.320 Allocations.
660.321 Black rockfish harvest guideline.
660.322 Sablefish allocations.
660.323 Pacific whiting allocations, allocation attainment, and inseason 
          allocation reapportionment.
660.324 Pacific Coast treaty Indian fisheries.
660.331 Limited entry and open access fisheries--general.
660.333 Limited entry fishery--eligibility and registration.
660.334 Limited entry permits--endorsements.
660.335 Limited entry permits--renewal, combination, stacking, change of 
          permit ownership or permit holdership, and transfer.
660.336 Pacific whiting vessel licenses.
660.337 Trawl rationalization program - data collection requirements.
660.338 Limited entry permits--small fleet.
660.339 Limited entry permit and Pacific whiting vessel license fees.
660.340 Limited entry permit appeals.
660.341 Limited entry permit sanctions.
660.350 Compensation with fish for collecting resource information--
          exempted fishing permits off Washington, Oregon, and 
          California.
660.365 Overfished species rebuilding plans.
660.370 Specifications and management measures.
660.371 Black rockfish fishery management.
660.372 Fixed gear sablefish fishery management.
660.373 Pacific whiting (whiting) fishery management.
660.380 Groundfish harvest specifications.
660.381 Limited entry trawl fishery management measures.
660.382 Limited entry fixed gear fishery management measures.
660.383 Open access fishery management measures.
660.384 Recreational fishery management measures.
660.385 Washington coastal tribal fisheries management measures.
660.390 Groundfish conservation areas.
660.391 Latitude/longitude coordinates defining the 10-fm (18-m) through 
          40-fm (73-m) depth contours.
660.392 Latitude/longitude coordinates defining the 50 fm (91 m) through 
          75 fm (137 m) depth contours.
660.393 Latitude/longitude coordinates defining the 100 fm (183 m) 
          through 150 fm (274 m) depth contours.
660.394 Latitude/longitude coordinates defining the 180 fm (329 m) 
          through 250 fm (457 m) depth contours.
660.395 Essential Fish Habitat (EFH)
660.396 EFH Conservation Areas.
660.397 EFH Conservation Areas off the Coast of Washington.
660.398 EFH Conservation Areas off the Coast of Oregon.
660.399 EFH Conservation Areas off the Coast of California.

Table 1a to Part 660 Subpart G--2009, Specifications of ABCs, OYs, and 
          HGs, by Management Area(weights in metric tons)
Table 1b to Part 660 Subpart G--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
Table 1c to Part 660 Subpart G--2009, Open Access and Limited Entry 
          Allocations by Species or Species Group (weights in metric 
          tons)
Table 2a to Part 660, Subpart G--2010, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 2b to Part 660, Subpart G--2010, and Beyond, Harvest Guidelines 
          for Minor Rockfish by Depth Sub-groups (weights in metric 
          tons)
Table 2c to Part 660, Subpart G--2010, and Beyond, Open Access and 
          Limited Entry Allocations by Species or Species Goup (weights 
          in metric tons)
Table 3 (North) to Part 660, Subpart G--2010 Trip Limits for Limited 
          Entry Trawl Gear North of 40[deg]10[min] N. Lat.
Table 3 (South) to Part 660, Subpart G--2010 Trip Limits for Limited 
          Entry Trawl Gear South of 40[deg]10[min] N. Lat.
Table 4 (North) to Part 660, Subpart G--2009-2010 Trip Limits for 
          Limited Entry Fixed Gear North of 40[deg]10[min] N. Lat.

[[Page 7]]

Table 4 (South) to Part 660, Subpart G--2009-2010 Trip Limits for 
          Limited Entry Fixed Gear South of 40[deg]10[min] N. Lat.
Table 5 (North) to Part 660, Subpart G--2009-2010 Trip Limits for Open 
          Access Gears North of 40[deg]10[min] N. Lat.
Table 5 (South) to Part 660, Subpart G--2009-2010 Trip Limits for Open 
          Access Gears South of 40[deg]10[min] N. Lat.
Figure 1 to Subpart G of Part 660--Diagram of Selective Flatfish Trawl

                  Subpart H_West Coast Salmon Fisheries

660.401 Purpose and scope.
660.402 Definitions.
660.403 Relation to other laws.
660.404 Recordkeeping and reporting.
660.405 Prohibitions.
660.406 Exempted fishing.
660.407 Treaty Indian fishing.
660.408 Annual actions.
660.409 Inseason actions.
660.410 Conservation objectives.
660.411 Notification and publication procedures.
660.412 EFH identifications and descriptions for Pacific salmon.

Table 1 to Subpart H of Part 660--Pacific Salmon EFH Identified by USGS 
          Hydrologic Unit Code (HUC)

                  Subpart I_Coastal Pelagics Fisheries

660.501 Purpose and scope.
660.502 Definitions.
660.503 Management subareas.
660.504 Vessel identification.
660.505 Prohibitions.
660.506 Gear restrictions.
660.507 Closed areas to reduction fishing.
660.508 Annual specifications.
660.509 Closure of directed fishery.
660.510 Fishing seasons.
660.511 Catch restrictions.
660.512 Limited entry fishery.
660.513 Permit conditions.
660.514 Transferability.
660.515 Renewal of limited entry permits.
660.516 Exempted fishing.
660.517 Framework for revising regulations.
660.518 Pacific Coast Treaty Indian Rights.
660.519 Scientific observers.
660.520 Reporting requirements.

Figure 1 to Subpart I--Existing California Area Closures

Subpart J [Reserved]

                  Subpart K_Highly Migratory Fisheries

660.701 Purpose and scope.
660.702 Definitions.
660.703 Management area.
660.704 Vessel identification.
660.705 Prohibitions.
660.706 Pacific Coast Treaty Indian rights.
660.707 Permits.
660.708 Reporting and recordkeeping.
660.709 Annual specifications.
660.710 Closure of directed fishery.
660.711 General catch restrictions.
660.712 Longline fishery.
660.713 Drift gillnet fishery.
660.714 Purse seine fishery. [Reserved]
660.715 Harpoon fishery. [Reserved]
660.716 Surface hook-and-line fishery. [Reserved]
660.717 Framework for revising regulations.
660.718 Exempted fishing.
660.719 Scientific observers.
660.720 Interim protection for sea turtles.
660.721 Recreational fishing bag limits.

Table 2 to Part 660--Vessel Capacity Ratings for West Coast Groundfish 
          Limited Entry Permits

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

    Source: 61 FR 34572, July 2, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 660 appear at 67 FR 
65906, Oct. 29, 2002.



                            Subpart A_General



Sec. 660.1  Purpose and scope.

    (a) The regulations in this part govern fishing for West Coast 
fishery management unit species by vessels of the United States that 
operate or are based inside the outer boundary of the EEZ off West Coast 
States.
    (b) General regulations governing fishing by all vessels of the 
United States and by fishing vessels other than vessels of the United 
States are contained in part 600 of this chapter.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart N, of 
this chapter.

[61 FR 34572, July 2, 1996, as amended at 67 FR 6201, Feb. 11, 2002; 69 
FR 53362, Sept. 1, 2004; 71 FR 17989, Apr. 10, 2006]



Sec. 660.2  Relation to other laws.

    (a) NMFS recognizes that any state law pertaining to vessels 
registered under the laws of that state while operating in the fisheries 
regulated under this part, and that is consistent with this part and the 
FMPs implemented by this part, shall continue in effect with respect to 
fishing activities regulated under this part.

[[Page 8]]

    (b) Fishing activities addressed by this Part may also be subject to 
regulation under 15 CFR part 922, subpart G, if conducted in the Channel 
Islands National Marine Sanctuary.

[72 FR 29235, May 24, 2007]



Sec. 660.3  Reporting and recordkeeping.

    Any person who is required to do so by applicable state law or 
regulation must make and/or file all reports of management unit species 
landings containing all data and in the exact manner required by 
applicable state law or regulation.

[71 FR 17989, Apr. 10, 2006]

Subpart B [Reserved]



                Subpart C_West Coast Groundfish Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart C was 
added, effective Nov. 1, 2010.



Sec. 660.10  Purpose and scope.

    (a) Subparts C through G of this part implement the Pacific Coast 
Groundfish Fishery Management Plan (PCGFMP) developed by the Pacific 
Fishery Management Council. Subparts C through G govern fishing vessels 
of the U.S. in the EEZ off the coasts of Washington, Oregon, and 
California. All weights are in round weight or round-weight equivalents, 
unless specified otherwise.
    (b) Any person fishing subject to subparts C through G of this part 
is bound by the international boundaries described in this section, 
notwithstanding any dispute or negotiation between the U.S. and any 
neighboring country regarding their respective jurisdictions, until such 
time as new boundaries are established or recognized by the U.S.



Sec. 660.11  General definitions.

    These definitions are specific to the fisheries covered in subparts 
C through G of this part.
    Active sampling unit means the portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    Address of Record means the business address a person has provided 
to NMFS for NMFS use in providing notice of agency actions and other 
business with that person.
    Allocation. (See Sec. 600.10 of this chapter)
    Base permit, with respect to a limited entry permit stacking 
program, means a limited entry permit described at Sec. 
660.25(b)(3)(i), subpart C registered for use with a vessel that meets 
the permit length endorsement requirements appropriate to that vessel, 
as described at Sec. 660.25(b)(3)(iii), subpart C.
    Biennial fishing period means a 24-month period beginning at 0001 
local time on January 1 and ending at 2400 local time on December 31 of 
the subsequent year.
    BMSY means the biomass level that produces maximum 
sustainable yield (MSY), as stated in the PCGFMP at Section 4.2.
    Calendar day means the day beginning at 0001 hours local time and 
continuing for 24 consecutive hours.
    Calendar year. (see ``fishing year'')
    Catch, take, harvest. (See Sec. 600.10 of this chapter)
    Catch monitor means an individual that is certified by NMFS, is 
deployed to a first receiver, and whose primary duties include: 
monitoring and verification of the sorting of fish relative to federal 
requirements defined in Sec. 660.60, subpart C; documentation of the 
weighing of fish relative to the requirements of Sec. 660.13, subpart 
C; and verification of first receivers reporting relative to the 
requirements defined in Sec. 660.113, subpart D.
    Change in partnership or corporation means the addition of a new 
shareholder or partner to the corporate or partnership membership. This 
definition of a ``change'' will apply to any person added to the 
corporate or partnership membership since November 1, 2000, including 
any family member of an existing shareholder or partner. A change in 
membership is not considered to have occurred if a member dies or 
becomes legally incapacitated and a trustee is appointed to act on his 
behalf, nor if the ownership of shares

[[Page 9]]

among existing members changes, nor if a member leaves the corporation 
or partnership and is not replaced. Changes in the ownership of publicly 
held stock will not be deemed changes in ownership of the corporation.
    Closure or closed means, when referring to closure of a fishery or a 
closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
    Commercial fishing means:
    (1) Fishing by a person who possesses a commercial fishing license 
or is required by law to possess such license issued by one of the 
states or the Federal Government as a prerequisite to taking, landing 
and/or sale of fish; or
    (2) Fishing that results in or can be reasonably expected to result 
in sale, barter, trade or other disposition of fish for other than 
personal consumption.
    Commercial harvest guideline or commercial quota means the fishery 
harvest guideline minus the estimated recreational catch. Limited entry 
and open access allocations are derived from the commercial harvest 
guideline or quota.
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may be prohibited. 
GCAs are created and enforced for the purpose of contributing to the 
rebuilding of overfished West Coast groundfish species. Regulations at 
Sec. 660.70, Subpart C define coordinates for these polygonal GCAs: 
Yelloweye Rockfish Conservation Areas, Cowcod Conservation Areas, waters 
encircling the Farallon Islands, and waters encircling the Cordell 
Banks. GCAs also include Rockfish Conservation Areas or RCAs, which are 
areas closed to fishing by particular gear types, bounded by lines 
approximating particular depth contours. RCA boundaries may and do 
change seasonally according to the conservation needs of the different 
overfished species. Regulations at Sec. Sec. 660.70 through 660.74, 
subpart C define RCA boundary lines with latitude/longitude coordinates; 
regulations at Tables 1 (North) and 1 (South) of subpart D, Tables 2 
(North) and 2 (South) of subpart E, and Tables 3 (North) and 3 (South) 
of subpart F set RCA seasonal boundaries. Fishing prohibitions 
associated with GCAs are in addition to those associated with EFH 
Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude, wherein fishing by a particular gear type or types may be 
prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec. 660.75, through 660.79, Subpart C 
define EFHCA boundary lines with latitude/longitude coordinates. Fishing 
prohibitions associated with EFHCAs, which are found at Sec. 660.12, 
subpart C, are in addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing vessel 
crosses a groundfish conservation area or EFH conservation area on a 
constant heading, along a continuous straight line course, while making 
way by means of a source of power at all times, other than drifting by 
means of the prevailing water current or weather conditions.
    Corporation means a legal, business entity, including incorporated 
(INC) and limited liability corporations (LLC).
    Council means the Pacific Fishery Management Council, including its 
Groundfish Management Team (GMT), Scientific and Statistical Committee 
(SSC), Groundfish Advisory Subpanel (GAP), and any other advisory body 
established by the Council.
    Date of landing means the date on which the transfer of fish or 
offloading of fish from any vessel to a processor or other first 
receiver begins.

[[Page 10]]

    Direct financial interest means any source of income to or capital 
investment or other interest held by an individual, partnership, or 
corporation or an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
or catch monitor duties.
    Electronic fish ticket means a software program or data files 
meeting data export specifications approved by NMFS that is used to send 
landing data to the Pacific States Marine Fisheries Commission. 
Electronic fish tickets are used to collect information similar to the 
information required in state fish receiving tickets or landing 
receipts, but do not replace or change any state requirements.
    Electronic Monitoring System or EMS means a data collection tool 
that uses a software operating system connected to an assortment of 
electronic components, including video recorders, to create a collection 
of data on vessel activities.
    Endorsement means an additional specification affixed to the limited 
entry permit that further restricts fishery participation or further 
specifies a harvest privilege, and is non-severable from a limited entry 
permit.
    Entity. (See ``Person'')
    Essential Fish Habitat or EFH. (See Sec. 600.10 of this chapter)
    First Receiver means a person who receives, purchases, or takes 
custody, control, or possession of catch onshore directly from a vessel.
    Fish. (See Sec. 600.10 of this chapter)
    Fishery (See Sec. 600.10 of this chapter)
    Fishery harvest guideline means the harvest guideline or quota after 
subtracting from the OY any allocation for the Pacific Coast treaty 
Indian tribes, projected research catch, deductions for fishing 
mortality in non-groundfish fisheries, as necessary, and set-asides for 
EFPs.
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nm offshore, and bounded on the 
north by the Provisional International Boundary between the U.S. and 
Canada, and bounded on the south by the International Boundary between 
the U.S. and Mexico. The inner boundary of the fishery management area 
is a line coterminous with the seaward boundaries of the States of 
Washington, Oregon, and California (the ``3-mile limit''). The outer 
boundary of the fishery management area is a line drawn in such a manner 
that each point on it is 200 nm from the baseline from which the 
territorial sea is measured, or is a provisional or permanent 
international boundary between the U.S. and Canada or Mexico. All 
groundfish possessed between 0-200 nm offshore or landed in Washington, 
Oregon, or California are presumed to have been taken and retained from 
the EEZ, unless otherwise demonstrated by the person in possession of 
those fish.
    Fishing. (See Sec. 600.10 of this chapter)
    Fishing gear includes the following types of gear and equipment:
    (1) Bottom contact gear means fishing gear designed or modified to 
make contact with the bottom. This includes, but is not limited to, beam 
trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom. Gear used to harvest bottom 
dwelling organisms (e.g. by hand, rakes, and knives) are also considered 
bottom contact gear for purposes of this subpart.
    (2) Demersal seine means a net designed to encircle fish on the 
seabed. The demersal seine is characterized by having its net bounded by 
lead-weighted ropes that are not encircled with bobbins or rollers. 
Demersal seine gear is fished without the use of steel cables or otter 
boards (trawl doors). Scottish and Danish Seines are demersal seines. 
Purse seines, as defined at Sec. 600.10 of this chapter, are not 
demersal seines. Demersal seine gear is included in the definition of 
bottom trawl gear in paragraph (11)(i) of this definition.
    (3) Dredge gear means a gear consisting of a metal frame attached to 
a holding bag constructed of metal rings or mesh. As the metal frame is 
dragged upon or above the seabed, fish are pushed up and over the frame, 
then into the mouth of the holding bag.
    (4) Entangling nets include the following types of net gear:
    (i) Gillnet. (See Sec. 600.10 of this chapter)

[[Page 11]]

    (ii) Set net means a stationary, buoyed, and anchored gillnet or 
trammel net.
    (iii) Trammel net means a gillnet made with two or more walls joined 
to a common float line.
    (5) Fixed gear (anchored nontrawl gear) means the following gear 
types: longline, trap or pot, set net, and stationary hook-and-line 
(including commercial vertical hook-and-line) gears.
    (6) Hook-and-line means one or more hooks attached to one or more 
lines. It may be stationary (commercial vertical hook-and-line) or 
mobile (troll).
    (i) Bottom longline means a stationary, buoyed, and anchored 
groundline with hooks attached, so as to fish along the seabed. It does 
not include pelagic hook-and-line or troll gear.
    (ii) Commercial vertical hook-and-line means commercial fishing with 
hook-and-line gear that involves a single line anchored at the bottom 
and buoyed at the surface so as to fish vertically.
    (iii) Dinglebar gear means one or more lines retrieved and set with 
a troll gurdy or hand troll gurdy, with a terminally attached weight 
from which one or more leaders with one or more lures or baited hooks 
are pulled through the water while a vessel is making way.
    (iv) Troll gear means a lure or jig towed behind a vessel via a 
fishing line. Troll gear is used in commercial and recreational 
fisheries.
    (7) Mesh size means the opening between opposing knots. Minimum mesh 
size means the smallest distance allowed between the inside of one knot 
to the inside of the opposing knot, regardless of twine size.
    (8) Nontrawl gear means all legal commercial groundfish gear other 
than trawl gear.
    (9) Spear means a sharp, pointed, or barbed instrument on a shaft.
    (10) Trap or pot See Sec. 600.10 of this chapter, definition of 
``trap''. These terms are used as interchangeable synonyms.
    (11) Trawl gear means a cone or funnel-shaped net that is towed 
through the water, and can include a pair trawl that towed 
simultaneously by two boats. For the purpose of this definition, trawl 
gear includes groundfish and non-groundfish trawl. See definitions for 
groundfish trawl and non-groundfish trawls (previously called ``exempted 
trawl'').
    (i) Bottom trawl means a trawl in which the otter boards or the 
footrope of the net are in contact with the seabed. It includes demersal 
seine gear, and pair trawls fished on the bottom. Any trawl not meeting 
the requirements for a midwater trawl in Sec. 660.130(b), subpart D is 
a bottom trawl.
    (A) Beam trawl gear means a type of trawl gear in which a beam is 
used to hold the trawl open during fishing. Otter boards or doors are 
not used.
    (B) Large footrope trawl gear means a bottom trawl gear with a 
footrope diameter larger than 8 inches (20 cm,) and no larger than 19 
inches (48 cm) including any rollers, bobbins, or other material 
encircling or tied along the length of the footrope.
    (C) Small footrope trawl gear means a bottom trawl gear with a 
footrope diameter of 8 inches (20 cm) or smaller, including any rollers, 
bobbins, or other material encircling or tied along the length of the 
footrope. Selective flatfish trawl gear that meets the gear component 
requirements in Sec. 660.130(b), subpart D is a type of small footrope 
trawl gear.
    (ii) Midwater (pelagic or off-bottom) trawl means a trawl in which 
the otter boards and footrope of the net remain above the seabed. It 
includes pair trawls if fished in midwater. A midwater trawl has no 
rollers or bobbins on any part of the net or its component wires, ropes, 
and chains. For additional midwater trawl gear requirements and 
restrictions, see Sec. 660.130(b), subpart D.
    (iii) Trawl gear components include:
    (A) Breastline means a rope or cable that connects the end of the 
headrope and the end of the trawl fishing line along the edge of the 
trawl web closest to the towing point.
    (B) Chafing gear means webbing or other material attached to the 
codend of a trawl net to protect the codend from wear.
    (C) Codend. (See Sec. 600.10 of this chapter)

[[Page 12]]

    (D) Double-bar mesh means webbing comprised of two lengths of twine 
tied into a single knot.
    (E) Double-walled codend means a codend constructed of two walls 
(layers) of webbing.
    (F) Footrope means a chain, rope, or wire attached to the bottom 
front end of the trawl webbing forming the leading edge of the bottom 
panel of the trawl net, and attached to the fishing line.
    (G) Headrope means a chain, rope, or wire attached to the trawl 
webbing forming the leading edge of the top panel of the trawl net.
    (H) Rollers or bobbins means devices made of wood, steel, rubber, 
plastic, or other hard material that encircle the trawl footrope. These 
devices are commonly used to either bounce or pivot over seabed 
obstructions, in order to prevent the trawl footrope and net from 
snagging on the seabed.
    (I) Single-walled codend means a codend constructed of a single wall 
of webbing knitted with single or double-bar mesh.
    (J) Trawl fishing line means a length of chain, rope, or wire rope 
in the bottom front end of a trawl net to which the webbing or lead 
ropes are attached.
    (K) Trawl riblines means a heavy rope or line that runs down the 
sides, top, or underside of a trawl net from the mouth of the net to the 
terminal end of the codend to strengthen the net during fishing.
    Fishing or Calendar year means the year beginning at 0001 local time 
on January 1 and ending at 2400 local time on December 31 of the same 
year. There are two fishing years in each biennial fishing period.
    Fishing trip means a period of time between landings when fishing is 
conducted.
    Fishing vessel. (See Sec. 600.10 of this chapter)
    Grandfathered or first generation, when referring to a limited entry 
sablefish-endorsed permit owner, means those permit owners who owned a 
sablefish-endorsed limited entry permit prior to November 1, 2000, and 
are, therefore, exempt from certain requirements of the sablefish permit 
stacking program within the parameters of the regulations at Sec. 
660.25(b), subpart C and Sec. 660.231, subpart E.
    Groundfish means species managed by the PCGFMP, specifically:
    (1) Sharks: Leopard shark, Triakis semifasciata; soupfin shark, 
Galeorhinus zyopterus; spiny dogfish, Squalus acanthias.
    (2) Skates: Big skate, Raja binoculata; California skate, R. 
inornata; longnose skate, R. rhina.
    (3) Ratfish: Ratfish, Hydrolagus colliei.
    (4) Morids: Finescale codling, Antimora microlepis.
    (5) Grenadiers: Pacific rattail, Coryphaenoides acrolepis.
    (6) Roundfish: Cabezon, Scorpaenichthys marmoratus; kelp greenling, 
Hexagrammos decagrammus; lingcod, Ophiodon elongatus; Pacific cod, Gadus 
macrocephalus; Pacific whiting, Merluccius productus; sablefish, 
Anoplopoma fimbria.
    (7) Rockfish: In addition to the species below, longspine 
thornyhead, S. altivelis, and shortspine thornyhead, S. alascanus, 
``rockfish'' managed under the PCGFMP include all genera and species of 
the family Scorpaenidae that occur off Washington, Oregon, and 
California, even if not listed below. The Scorpaenidae genera are 
Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus. Where species below 
are listed both in a major category (nearshore, shelf, slope) and as an 
area-specific listing (north or south of 40[deg]10' N. lat.) those 
species are considered ``minor'' in the geographic area listed.
    (i) Nearshore rockfish includes black rockfish, Sebastes melanops 
and the following minor nearshore rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Black and yellow rockfish, S. 
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; China rockfish, S. nebulosus; copper 
rockfish, S. caurinus; gopher rockfish, S. carnatus; grass rockfish, S. 
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S. 
serranoides; quillback rockfish, S. maliger; treefish,. S. serriceps.
    (B) South of 40[deg]10[min] N. lat., nearshore rockfish are divided 
into three management categories:

[[Page 13]]

    (1) Shallow nearshore rockfish consists of black and yellow 
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher rockfish, 
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S. 
atrovirens.
    (2) Deeper nearshore rockfish consists of black rockfish, S. 
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; copper rockfish, S. caurinus; olive rockfish, 
S. serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (3) California scorpionfish, Scorpaena guttata.
    (ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary 
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis; 
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas; yelloweye 
rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and the 
following minor shelf rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Bronzespotted rockfish, S. 
gilli; bocaccio, S. paucispinis; chameleon rockfish, S. phillipsi; 
chilipepper, S. goodei; cowcod, S. levis; dusky rockfish, S. ciliatus; 
dwarf-red, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S. 
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted 
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus; 
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus; 
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink 
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. 
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S. 
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S. 
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S. 
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S. 
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S. 
nigrocinctus; vermilion rockfish, S. miniatus.
    (B) South of 40[deg]10[min] N. lat.: Bronzespotted rockfish, S. 
gilli; chameleon rockfish, S. phillipsi; dusky rockfish, S. ciliatus; 
dwarf-red rockfish, S. rufianus; flag rockfish, S. rubrivinctus; 
freckled, S. lentiginosus; greenblotched rockfish, S. rosenblatti; 
greenspotted rockfish, S. chlorostictus; greenstriped rockfish, S. 
elongatus; halfbanded rockfish, S. semicinctus; harlequin rockfish, S. 
variegatus; honeycomb rockfish, S. umbrosus; Mexican rockfish, S. 
macdonaldi; pink rockfish, S. eos; pinkrose rockfish, S. simulator; 
pygmy rockfish, S. wilsoni; redstripe rockfish, S. proriger; rosethorn 
rockfish, S. helvomaculatus; rosy rockfish, S. rosaceus; silvergray 
rockfish, S. brevispinis; speckled rockfish, S. ovalis; squarespot 
rockfish, S. hopkinsi; starry rockfish, S. constellatus; stripetail 
rockfish, S. saxicola; swordspine rockfish, S. ensifer; tiger rockfish, 
S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail rockfish, 
S. flavidus.
    (iii) Slope rockfish includes darkblotched rockfish, S. crameri; 
Pacific ocean perch, S. alutus; splitnose rockfish, S. diploproa; and 
the following minor slope rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
redbanded rockfish, S. babcocki; rougheye rockfish, S. aleutianus; 
sharpchin rockfish, S. zacentrus; shortraker rockfish, S. borealis; 
splitnose rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
    (B) South of 40[deg]10[min] N. lat.: Aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
Pacific ocean perch, S. alutus; redbanded rockfish, S. babcocki; 
rougheye rockfish, S. aleutianus; sharpchin rockfish, S. zacentrus; 
shortraker rockfish, S. borealis; yellowmouth rockfish, S. reedi.
    (8) Flatfish: Arrowtooth flounder (arrowtooth turbot), Atheresthes 
stomias; butter sole, Isopsetta isolepis; curlfin sole, Pleuronichthys 
decurrens; Dover sole, Microstomus pacificus; English sole, Parophrys 
vetulus; flathead sole, Hippoglossoides elassodon; Pacific sanddab, 
Citharichthys sordidus; petrale sole, Eopsetta jordani; rex sole, 
Glyptocephalus zachirus; rock sole, Lepidopsetta bilineata; sand sole, 
Psettichthys melanostictus; starry flounder, Platichthys stellatus. 
Where regulations of subparts C through G of this part refer to landings 
limits for ``other flatfish,'' those limits apply to all flatfish 
cumulatively taken except for those flatfish species specifically listed 
in Tables 1a and 2a of this subpart. (i.e., ``other flatfish'' includes 
butter sole, curlfin sole, flathead sole, Pacific

[[Page 14]]

sanddab, rex sole, rock sole, and sand sole.)
    (9) ``Other fish'': Where regulations of subparts C through G of 
this part refer to landings limits for ``other fish,'' those limits 
apply to all groundfish listed here in paragraphs (1) through (8) of 
this definition except for the following: Those groundfish species 
specifically listed in Tables 1a and 2a of this subpart with an ABC for 
that area (generally north and/or south of 40[deg]10[min] N. lat.); and 
Pacific cod and spiny dogfish coastwide. (i.e., ``other fish'' may 
include all sharks (except spiny dogfish), skates, ratfish, morids, 
grenadiers, and kelp greenling listed in this section, as well as 
cabezon in the north.)
    (10) ``DTS complex'': Where regulations of subparts C through G of 
this part refer to ``DTS complex'' species, that group of species 
includes Dover sole, shortspine thornyhead, longspine thornyhead, and 
sablefish.
    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under subparts C and D of this 
part endorsed for trawl gear and which meets the gear requirements 
specified in subpart D of this part. It does not include any type of 
trawl gear listed as non-groundfish trawl gear (previously called 
``exempted gear'').
    Harvest guideline means a specified numerical harvest objective that 
is not a quota. Attainment of a harvest guideline does not require 
closure of a fishery.
    Incidental catch or incidental species means groundfish species 
caught while fishing for the primary purpose of catching a different 
species.
    Initial Administrative Determination (IAD) means a formal, written 
determination made by NMFS on an application or permit request, that is 
subject to an appeal within NMFS.
    Land or landing means to begin transfer of fish, offloading fish, or 
to offload fish from any vessel. Once transfer of fish begins, all fish 
aboard the vessel are counted as part of the landing.
    Legal fish means fish legally taken and retained, possessed, or 
landed in accordance with the provisions of 50 CFR part 660, subparts C 
through G, the Magnuson-Stevens Act, any document issued under part 660, 
and any other regulation promulgated or permit issued under the 
Magnuson-Stevens Act.
    Length overall or LOA (with respect to a vessel) means the length 
overall set forth in the Certificate of Documentation (CG-1270) issued 
by the USCG for a documented vessel, or in a registration certificate 
issued by a state or the USCG for an undocumented vessel; for vessels 
that do not have the LOA stated in an official document, the LOA is the 
LOA as determined by the USCG or by a marine surveyor in accordance with 
the USCG method for measuring LOA.
    License owner means a person who is the owner of record with NMFS, 
SFD, Permits Office of a License issued under Sec. 660.140, subpart D.
    Limited entry fishery means the fishery composed of vessels 
registered for use with limited entry permits.
    Limited entry gear means longline, trap (or pot), or groundfish 
trawl gear used under the authority of a valid limited entry permit 
affixed with an endorsement for that gear.
    Limited entry permit means:
    (1) The Federal permit required to fish in the limited entry ``A''-
endorsed fishery, and includes any gear, size, or species endorsements 
affixed to the permit, or
    (2) The Federal permit required to receive and process fish as a 
mothership processor.
    Maximum Sustainable Yield or MSY. (See Sec. 600.310 of this 
chapter)
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec. 660.14, subpart C installed on board a 
vessel that is used for vessel monitoring and transmitting the vessel's 
position as required by subpart C.
    Non-groundfish fishery means any fishing using non-groundfish trawl 
gear or nontrawl gear when targeting salmon, HMS, CPS, crab, prawn, or 
any other species not managed under the PCGFMP. Non-groundfish fishery 
is sometimes referred to as the incidental open access fishery in which 
groundfish could be encountered with the gear used, regardless of 
whether groundfish is retained.
    Non-groundfish trawl (previously ``exempted'' trawl) means any trawl 
gear

[[Page 15]]

other than the Pacific Coast groundfish trawl gear that is authorized 
for use with a valid groundfish limited entry permit endorsed for trawl 
gear. Non-groundfish trawl gear includes trawl gear used to fish for 
pink shrimp, ridgeback prawn, California halibut south of Pt. Arena, and 
sea cucumbers south of Pt. Arena.
    Nontrawl fishery means
    (1) For the purpose of allocations at Sec. 660.55, subpart C, 
nontrawl fishery means the limited entry fixed gear fishery, the open 
access fishery, and the recreational fishery.
    (2) For the purposes of all other management measures in subparts C 
through G of this part, nontrawl fishery means fishing with any legal 
limited entry fixed gear or open access non-trawl groundfish gear other 
than trawl gear (groundfish trawl gear and non-groundfish trawl gear), 
but does not include the recreational fishery.
    North-South management area means the management areas defined in 
paragraph (1) of this definition, or defined and bounded by one or more 
or the commonly used geographic coordinates set out in paragraph (2) of 
this definition for the purposes of implementing different management 
measures in separate geographic areas of the U.S. West Coast.
    (1) Management areas.
    (i) Vancouver.
    (A) The northeastern boundary is that part of a line connecting the 
light on Tatoosh Island, WA, with the light on Bonilla Point on 
Vancouver Island, British Columbia (at 48[deg]35.73[min] N. lat., 
124[deg]43.00[min] W. long.) south of the International Boundary between 
the U.S. and Canada (at 48[deg]29.62[min] N. lat., 124[deg]43.55[min] W. 
long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (B) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 18480 and 
18007:

------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
1...............................  48[deg]29.62[min]   124[deg]43.55[min]
2...............................  48[deg]30.18[min]   124[deg]47.22[min]
3...............................  48[deg]30.37[min]   124[deg]50.35[min]
4...............................  48[deg]30.23[min]   124[deg]54.87[min]
5...............................  48[deg]29.95[min]   124[deg]59.23[min]
6...............................  48[deg]29.73[min]   125[deg]00.10[min]
7...............................  48[deg]28.15[min]   125[deg]05.78[min]
8...............................  48[deg]27.17[min]   125[deg]08.42[min]
9...............................  48[deg]26.78[min]   125[deg]09.20[min]
10..............................  48[deg]20.27[min]   125[deg]22.80[min]
11..............................  48[deg]18.37[min]   125[deg]29.97[min]
12..............................  48[deg]11.08[min]   125[deg]53.80[min]
13..............................  47[deg]49.25[min]   126[deg]40.95[min]
14..............................  47[deg]36.78[min]   127[deg]11.97[min]
15..............................  47[deg]22.00[min]   127[deg]41.38[min]
16..............................  46[deg]42.08[min]   128[deg]51.93[min]
17..............................  46[deg]31.78[min]   129[deg]07.65[min]
------------------------------------------------------------------------

    (C) The southern limit is 47[deg]30[min] N. lat.
    (ii) Columbia.
    (A) The northern limit is 47[deg]30[min] N. lat.
    (B) The southern limit is 43[deg]00[min] N. lat.
    (iii) Eureka.
    (A) The northern limit is 43[deg]00[min] N. lat.
    (B) The southern limit is 40[deg]30[min] N. lat.
    (iv) Monterey.
    (A) The northern limit is 40[deg]30[min] N. lat.
    (B) The southern limit is 36[deg]00[min] N. lat.
    (v) Conception.
    (A) The northern limit is 36[deg]00[min] N. lat.
    (B) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
1...............................  32[deg]35.37[min]   117[deg]27.82[min]
2...............................  32[deg]37.62[min]   117[deg]49.52[min]
3...............................  31[deg]07.97[min]   118[deg]36.30[min]
4...............................  30[deg]32.52[min]   121[deg]51.97[min]
------------------------------------------------------------------------

    (2) Commonly used geographic coordinates.
    (i) Cape Alava, WA--48[deg]10.00[min] N. lat.
    (ii) Queets River, WA--47[deg]31.70[min] N. lat.
    (iii) Pt. Chehalis, WA--46[deg]53.30[min] N. lat.
    (iv) Leadbetter Point, WA--46[deg]38.17[min] N. lat.
    (v) Washington/Oregon border--46[deg]16.00[min] N. lat.
    (vi) Cape Falcon, OR--45[deg]46.00[min] N. lat.
    (vii) Cape Lookout, OR--45[deg]20.25[min] N. lat.
    (viii) Cascade Head, OR--45[deg]03.83[min] N. lat.
    (ix) Heceta Head, OR--44[deg]08.30[min] N. lat.
    (x) Cape Arago, OR--43[deg]20.83[min] N. lat.
    (xi) Cape Blanco, OR--42[deg]50.00[min] N. lat.
    (xii) Humbug Mountain--42[deg]40.50[min] N. lat.
    (xiii) Marck Arch, OR--42[deg]13.67[min] N. lat.
    (xiv) Oregon/California border--42[deg]00.00[min] N. lat.
    (xv) Cape Mendocino, CA--40[deg]30.00[min] N. lat.

[[Page 16]]

    (xvi) North/South management line--40[deg]10.00[min] N. lat.
    (xvii) Point Arena, CA--38[deg]57.50[min] N. lat.
    (xviii) Point San Pedro, CA--37[deg]35.67[min] N. lat.
    (xix) Pigeon Point, CA--37[deg]11.00[min] N. lat.
    (xx) Ano Nuevo, CA--37[deg]07.00[min] N. lat.
    (xxi) Point Lopez, CA--36[deg]00.00[min] N. lat.
    (xxii) Point Conception, CA--34[deg]27.00[min] N. lat. [Note: 
Regulations that apply to waters north of 34[deg]27.00[min] N. lat. are 
applicable only west of 120[deg]28.00[min] W. long.; regulations that 
apply to waters south of 34[deg]27.00[min] N. lat. also apply to all 
waters both east of 120[deg]28.00[min] W. long. and north of 
34[deg]27.00[min] N. lat.]
    Observer. (See Sec. 600.10 of this chapter--U.S. Observer or 
Observer)
    Observer Program or Observer Program Office means the West Coast 
Groundfish Observer Program (WCGOP) Office of the Northwest Fishery 
Science Center, National Marine Fisheries Service, Seattle, Washington.
    Office of Law Enforcement or OLE refers to the National Marine 
Fisheries Service, Office of Law Enforcement, Northwest Division.
    Open access fishery means the fishery composed of commercial vessels 
using open access gear fished pursuant to the harvest guidelines, 
quotas, and other management measures governing the harvest of open 
access allocations (detailed in Sec. 660.55 and Tables 1c and 2c of 
subpart C of this part) or governing the fishing activities of open 
access vessels (detailed in subpart F of this part). Any commercial 
vessel that is not registered to a limited entry permit and which takes 
and retains, possesses or lands groundfish is a participant in the open 
access groundfish fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Groundfish trawl.
    Operate a vessel means any use of a vessel, including, but not 
limited to, fishing or drifting by means of the prevailing water current 
or weather conditions.
    Operator. (See Sec. 600.10)
    Optimum yield or OY means the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities, and, taking into account 
the protection of marine ecosystems, is prescribed as such on the basis 
of the MSY from the fishery, as reduced by any relevant economic, 
social, or ecological factor; and, in the case of an overfished fishery, 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery. OY may be expressed numerically (as a harvest guideline, 
quota, or other specification) or non-numerically.
    Overage means the amount of fish harvested by a vessel in excess of:
    (1) The applicable trip limit for any fishery to which a trip limit 
applies;
    (2) The amount authorized by the applicable permit for trawl 
fisheries at subpart D of this part;
    (3) The amount authorized by the applicable sablefish-endorsed 
permits for fixed gear sablefish fisheries at subpart E of this part.
    Ownership interest means participation in ownership of a 
corporation, partnership, or other entity:
    (1) For sablefish-endorsed permits, ownership interest means 
participation in ownership of a corporation, partnership, or other 
entity that owns a sablefish-endorsed permit. Ownership interest does 
not mean owning stock in a publicly owned corporation.
    (2) For the limited entry trawl fishery in subpart D of this part, 
ownership interest means participation in ownership of a corporation, 
partnership, or other entity that owns a QS permit, vessel account, MS 
permit, or an MS/CV-endorsed limited entry permit.
    Pacific Coast Groundfish Fishery Management Plan or PCGFMP means the 
Fishery Management Plan for the Washington, Oregon, and California 
Groundfish Fishery developed by the Pacific Fishery Management Council 
and approved by the Secretary on January 4, 1982, and as it may be 
subsequently amended.
    Partnership is two or more individuals, partnerships, or 
corporations, or combinations thereof, who have ownership interest in a 
permit, including married couples and legally recognized

[[Page 17]]

trusts and partnerships, such as limited partnerships (LP), general 
partnerships (GP), and limited liability partnerships (LLP).
    Permit holder means a vessel owner as identified on the USCG form 
1270 or state motor vehicle licensing document and as registered on a 
limited entry permit issued under Subparts C through E of this part.
    Permit owner means a person who is the owner of record with NMFS, 
SFD, Permits Office of a limited entry permit. For first receiver site 
licenses, see definition for ``license owner.''
    Person, as it applies to limited entry and open access fisheries 
conducted under 50 CFR part 660, Subparts C through G, means any 
individual, corporation, partnership, association or other entity 
(whether or not organized or existing under the laws of any state), and 
any Federal, state, or local government, or any entity of any such 
government that is eligible to own a documented vessel under the terms 
of 46 U.S.C. 12102(a).
    Processing or to process means the preparation or packaging of 
groundfish to render it suitable for human consumption, retail sale, 
industrial uses or long-term storage, including, but not limited to, 
cooking, canning, smoking, salting, drying, filleting, freezing, or 
rendering into meal or oil, but does not mean heading and gutting unless 
additional preparation is done. (Also see an exception to certain 
requirements at Sec. 660.131(a), subpart D pertaining to Pacific 
whiting shoreside vessels 75-ft (23-m) or less LOA that, in addition to 
heading and gutting, remove the tails and freeze catch at sea.)
    (1) At-sea processing means processing that takes place on a vessel 
or other platform that floats and is capable of being moved from one 
location to another, whether shorebased or on the water.
    (2) Shorebased processing or processing means processing that takes 
place at a facility that is permanently fixed to land. (Also see the 
definition for shoreside processing at Sec. 660.140, subpart D which 
defines shoreside processing for the purposes of qualifying for a 
Shorebased IFQ Program QS permit.)
    Processor means person, vessel, or facility that engages in 
processing; or receives live groundfish directly from a fishing vessel 
for retail sale without further processing. (Also see the definition for 
processors at Sec. 660.140, subpart D which defines processor for the 
purposes of qualifying for a Shorebased IFQ Program QS permit.)
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by provisions of this section 
or other applicable law. The following are prohibited species: Any 
species of salmonid, Pacific halibut, Dungeness crab caught seaward of 
Washington or Oregon, and groundfish species or species groups under the 
PCGFMP for which quotas have been achieved and/or the fishery closed.
    Quota means a specified numerical harvest objective, the attainment 
(or expected attainment) of which causes closure of the fishery for that 
species or species group.
    Recreational fishing means fishing with authorized recreational 
fishing gear for personal use only, and not for sale or barter.
    Regional Administrator means the Administrator, Northwest Region, 
NMFS.
    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the fishing year or biennial fishing period to allow 
for uncertainties in preseason estimates.
    Round weight. (See Sec. 600.10 of this chapter). Round weight does 
not include ice, water, or slime.
    Sale or sell. (See Sec. 600.10 of this chapter)
    Scientific research activity. (See Sec. 600.10 of this chapter)
    Secretary. (See Sec. 600.10 of this chapter)
    Specification is a numerical or descriptive designation of a 
management objective, including but not limited to: Acceptable 
biological catch; optimum yield; harvest guideline; quota; limited entry 
or open access allocation; a set-aside or allocation for a recreational 
or treaty Indian fishery; an apportionment of the above to an area, 
gear, season, fishery, or other subdivision.
    Spouse means a person who is legally married to another person as 
recognized by state law (i.e., one's wife or husband).
    Stacking is the practice of registering more than one limited entry 
permit for

[[Page 18]]

use with a single vessel (See Sec. 660.25(b)(4)(iii), subpart C).
    Sustainable Fisheries Division or SFD means the Chief, Sustainable 
Fisheries Division, Northwest Regional Office, NMFS, or a designee.
    Target fishing means fishing for the primary purpose of catching a 
particular species or species group (the target species).
    Tax-exempt organization means an organization that received a 
determination letter from the Internal Revenue Service recognizing tax 
exemption under 26 CFR part 1 (Sec. Sec. 1.501 to 1.640).
    Totally lost means the vessel being replaced no longer exists in 
specie, or is absolutely and irretrievably sunk or otherwise beyond the 
possible control of the owner, or the costs of repair (including 
recovery) would exceed the value of the vessel after repairs.
    Trawl fishery means
    (1) For the purpose of allocations at Sec. 660.55, subpart C, trawl 
fishery means the groundfish limited entry trawl fishery.
    (2) For the purposes of all other management measures in subparts C 
through G of this part, trawl fishery means any fishery using trawl gear 
as defined under the definition of fishing gear in this section.
    Trip. (See Sec. 600.10 of this chapter)
    Trip limits. Trip limits are used in the commercial fishery to 
specify the maximum amount of a fish species or species group that may 
legally be taken and retained, possessed, or landed, per vessel, per 
fishing trip, or cumulatively per unit of time, or the number of 
landings that may be made from a vessel in a given period of time, as 
follows:
    (1) A per trip limit is the total allowable amount of a groundfish 
species or species group, by weight, or by percentage of weight of legal 
fish on board, that may be taken and retained, possessed, or landed per 
vessel from a single fishing trip.
    (2) A daily trip limit is the maximum amount of a groundfish species 
or species group that may be taken and retained, possessed, or landed 
per vessel in 24 consecutive hours, starting at 0001 hours local time. 
Only one landing of groundfish may be made in that 24-hour period. Daily 
trip limits may not be accumulated during multiple day trips.
    (3) A weekly trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in 7 consecutive days, starting at 0001 hours local 
time on Sunday and ending at 2400 hours local time on Saturday. Weekly 
trip limits may not be accumulated during multiple week trips. If a 
calendar week falls within two different months or two different 
cumulative limit periods, a vessel is not entitled to two separate 
weekly limits during that week.
    (4) A cumulative trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in a specified period of time without a limit on the 
number of landings or trips, unless otherwise specified. The cumulative 
trip limit periods for limited entry and open access fisheries, which 
start at 0001 hours local time and end at 2400 hours local time, are as 
follows, unless otherwise specified:
    (i) The 2-month or ``major'' cumulative limit periods are: January 
1-February 28/29, March 1-April 30, May 1-June 30, July 1-August 31, 
September 1-October 31, and, November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee all or a portion of groundfish 
fishing activities aboard the vessel.
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec. 660.14, subpart C and 
approved by NMFS for use on vessels that take (directly or incidentally) 
species managed under the PCGFMP, as required by this subpart.
    Vessel of the United States or U.S. vessel. (See Sec. 600.10)
    Vessel owner or owner of a vessel, as used in subparts C through G 
of this part, means a person identified as the current owner in the 
Certificate of

[[Page 19]]

Documentation (CG-1270) issued by the USCG for a documented vessel, or 
in a registration certificate issued by a state or the USCG for an 
undocumented vessel.



Sec. 660.12  General groundfish prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to:
    (a) General. (1) Retain any prohibited species (defined in Sec. 
660.11, subpart C and restricted in Sec. 660.60(e), subpart C) caught 
by means of fishing gear authorized under this subpart, unless 
authorized by part 600 or part 300 of this chapter. Prohibited species 
must be returned to the sea as soon as practicable with a minimum of 
injury when caught and brought on board.
    (2) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.20 or Sec. 660.219, subpart E or Sec. 
660.319, subpart F.
    (3) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under Sec. 600.745 of this chapter or Sec. 660.30, 
subpart C of this part.
    (4) Fish for groundfish using gear not authorized in subparts C 
through G of this part or in violation of any terms or conditions 
attached to an EFP under Sec. 660.30, subpart C of this part or part 
600 of this chapter.
    (5) Take and retain, possess, or land more groundfish than specified 
under Sec. 660.50, Sec. 660.55, Sec. 660.60 of subpart C, or subpart 
D through G of this part, or under an EFP issued under Sec. 660.30, 
subpart C of this part, or part 600 of this chapter.
    (6) Take, retain, possess, or land more than a single cumulative 
limit of a particular species, per vessel, per applicable cumulative 
limit period, except for sablefish taken in the primary limited entry, 
fixed gear sablefish season from a vessel authorized to fish in that 
season, as described at Sec. 660.231, subpart E.
    (7) Take and retain, possess, or land groundfish in excess of the 
landing limit for the open access fishery without having a valid limited 
entry permit for the vessel affixed with a gear endorsement for the gear 
used to catch the fish.
    (8) Fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, size limit, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied; except as specified at Sec. 
660.131, subpart C for vessels participating in the Pacific whiting at-
sea sectors.
    (9) When requested or required by an authorized officer, refuse to 
present fishing gear for inspection, refuse to present fish subject to 
such persons control for inspection; or interfere with a fishing gear or 
marine animal or plant life inspection.
    (10) Transfer fish to another vessel at sea unless a vessel is 
participating in the primary Pacific whiting fishery as part of the 
mothership or catcher/processor sectors.
    (11) Fish with dredge gear (defined in Sec. 660.11, subpart C) 
anywhere within EFH within the EEZ. For the purposes of regulation, EFH 
within the EEZ is described at Sec. 660.75, subpart C.
    (12) Fish with beam trawl gear (defined in Sec. 660.11, subpart C) 
anywhere within EFH within the EEZ. For the purposes of regulation, EFH 
within the EEZ is described at Sec. 660.75, subpart C.
    (13) During times or in areas where at-sea processing is prohibited, 
take and retain or receive Pacific whiting, except as cargo or fish 
waste, on a vessel in the fishery management area that already has 
processed Pacific whiting on board. An exception to this prohibition is 
provided if the fish are received within the tribal U&A from a member of 
a Pacific Coast treaty Indian tribe fishing under Sec. 660.50, subpart 
C.
    (b) Reporting and Recordkeeping. (1) Falsify or fail to make and/or 
file, retain or make available any and all reports of groundfish 
landings, containing all data, and in the exact manner, required by the 
applicable State law, as specified in Sec. 660.13, subpart C, provided 
that person is required to do so by the applicable state law.
    (2) Fail to retain on board a vessel from which groundfish is 
landed, and provide to an authorized officer upon

[[Page 20]]

request, copies of any and all reports of groundfish landings, or 
receipts containing all data, and made in the exact manner required by 
the applicable state law throughout the cumulative limit period during 
which such landings occurred and for 15 days thereafter.
    (c) Limited entry fisheries. (1) Carry on board a vessel, or deploy, 
limited entry gear when the limited entry fishery for that gear is 
closed, except that a vessel may carry on board limited entry groundfish 
trawl gear as provided in Sec. 660.112(a)(1), subpart D.
    (2) [Reserved]
    (d) Limited entry permits.
    (1) If a limited entry permit is registered for use with a vessel, 
fail to carry that permit onboard the vessel registered for use with the 
permit. A photocopy of the permit may not substitute for the original 
permit itself.
    (2) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, replacement of a limited entry permit, or 
a declaration of ownership interest in a limited entry permit.
    (e) Groundfish observer program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, harass, sexually harass, bribe, or interfere 
with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer including either mechanically or manually sorting or discarding 
catch before sampling.
    (3) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.
    (4) Harass an observer by conduct that:
    (i) Has sexual connotations,
    (ii) Has the purpose or effect of interfering with the observer's 
work performance, and/or
    (iii) Otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (5) Fish for, land, or process fish without observer coverage when a 
vessel is required to carry an observer under subparts C through G of 
this part.
    (6) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (7) Fail to provide departure or cease fishing reports specified at 
Sec. 660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316, 
subpart F.
    (8) Fail to meet the vessel responsibilities specified at Sec. 
660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316, subpart 
F.
    (f) Vessel Monitoring Systems. (1) Use any vessel required to 
operate and maintain a VMS unit under Sec. 660.14(b) unless that vessel 
carries a NMFS OLE type-approved mobile transceiver unit and complies 
with all the requirements described at Sec. 660.14(c).
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec. 660.14.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec. 660.14.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec. 660.14.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec. 
660.14.
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec. 660.14.
    (8) Falsify any declaration report that is required, as specified at 
Sec. 660.13.

[[Page 21]]



Sec. 660.13  Recordkeeping and reporting.

    (a) This subpart recognizes that catch and effort data necessary for 
implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports 
(i.e., logbooks, state landing receipts, etc.) of groundfish harvests 
and landings containing all data, and in the exact manner, required by 
the applicable state law.
    (c) Any person landing groundfish must retain on board the vessel 
from which groundfish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of groundfish landings 
containing all data, and in the exact manner, required by the applicable 
state law throughout the cumulative limit period during which a landing 
occurred and for 15 days thereafter.
    (d) Declaration reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is 
used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.
    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the EEZ 
(3-200 nm offshore), must provide NMFS OLE with a declaration report, as 
specified at paragraph (d)(5)(iv) of this section, before the vessel 
leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non trawl gear 
(all types of open access gear other than non-groundfish trawl gear). 
The operator of any vessel that is not registered to a limited entry 
permit, must provide NMFS with a declaration report, as specified at 
paragraph (d)(5)(iv) of this section, before the vessel leaves port on a 
trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing occurs 
within the trawl RCA.
    (5) Declaration reports. (i) The operator of a vessel specified in 
paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a 
declaration report to NMFS OLE prior to leaving port on the first trip 
in which the vessel meets the requirement specified at Sec. 660.14(b) 
to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: The vessel name and/or 
identification number, and gear type (as defined in paragraph 
(d)(5)(iv)(A) of this section). Upon receipt of a declaration report, 
NMFS will provide a confirmation code or receipt to confirm that a valid 
declaration report was received for the vessel. Retention of the 
confirmation code or receipt to verify that a valid declaration report 
was filed and the declaration requirement was met is the responsibility 
of the vessel owner or operator. Vessels using non trawl gear may 
declare more than one gear type, however, vessels using trawl gear may 
only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry mid water trawl, non-whiting,

[[Page 22]]

    (4) Limited entry mid water trawl, Pacific whiting shore based 
sector,
    (5) Limited entry mid water trawl, Pacific whiting catcher/processor 
sector,
    (6) Limited entry mid water trawl, Pacific whiting mother ship 
sector,
    (7) Limited entry bottom trawl, not including emerald trawl,
    (8) Limited entry emerald trawl,
    (9) Non-groundfish trawl gear for pink shrimp,
    (10) Non-groundfish trawl gear for ridgeback prawn,
    (11) Non-groundfish trawl gear for California halibut,
    (12) Non-groundfish trawl gear for sea cucumber,
    (13) Open access longline gear for groundfish,
    (14) Open access Pacific halibut longline gear,
    (15) Open access groundfish trap or pot gear,
    (16) Open access Dungeness crab trap or pot gear,
    (17) Open access prawn trap or pot gear,
    (18) Open access sheephead trap or pot gear,
    (19) Open access line gear for groundfish,
    (20) Open access HMS line gear,
    (21) Open access salmon troll gear,
    (22) Open access California Halibut line gear,
    (23) Open access net gear,
    (24) Other gear, or
    (25) Tribal trawl.
    (B) [Reserved]



Sec. 660.14  Vessel Monitoring System (VMS) requirements.

    (a) What is a VMS? A VMS consists of a NMFS OLE type-approved mobile 
transceiver unit that automatically determines the vessel's position and 
transmits it to a NMFS OLE type-approved communications service 
provider. The communications service provider receives the transmission 
and relays it to NMFS OLE.
    (b) Who is Required to Have a VMS? The following vessels are 
required to install a NMFS OLE type-approved mobile transceiver unit and 
to arrange for a NMFS OLE type-approved communications service provider 
to receive and relay transmissions to NMFS OLE prior to fishing:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
    (c) How are Mobile Transceiver Units and Communications Service 
Providers Approved by NMFS OLE?
    (1) NMFS OLE will publish type-approval specifications for VMS 
components in the Federal Register or notify the public through other 
appropriate media.
    (2) Mobile transceiver unit manufacturers or communication service 
providers will submit products or services to NMFS OLE for evaluation 
based on the published specifications.
    (3) NMFS OLE may publish a list of NMFS OLE type-approved mobile 
transceiver units and communication service providers for the Pacific 
Coast groundfish fishery in the Federal Register or notify the public 
through other appropriate media. As necessary, NMFS OLE may publish 
amendments to the list of type-approved mobile transceiver units and 
communication service providers in the Federal Register or through other 
appropriate media. A list of VMS transceivers that have been type-
approved by NMFS OLE may be mailed to the permit owner's address of 
record. NMFS will bear no responsibility if a notification is sent to 
the address of record and is not received because the applicant's actual 
address has changed without notification to NMFS, as required at Sec. 
660.25(b)(4)(i)(B).
    (d) What are the Vessel Owner's Responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the vessel 
operator must:
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and have 
it installed on board your vessel in accordance with the instructions

[[Page 23]]

provided by NMFS OLE. You may obtain a copy of the VMS installation and 
operation instructions from the NMFS OLE Northwest, VMS Program Manager 
upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS is 
required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: (206) 
526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may be used to fish in a fishery 
requiring the VMS.
    (i) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS transceiver unit for the first time or 
reactivating a VMS transceiver unit following a reinstallation of a 
mobile transceiver unit or change in service provider, you must fax NMFS 
OLE an activation report that includes: Vessel name; vessel owner's 
name, address and telephone number, vessel operator's name, address and 
telephone number, USCG vessel documentation number/state registration 
number; if applicable, the groundfish permit number the vessel is 
registered to; VMS transceiver unit manufacturer; VMS communications 
service provider; VMS transceiver identification; identifying if the 
unit is the primary or backup; and a statement signed and dated by the 
vessel owner confirming compliance with the installation procedures 
provided by NMFS OLE.
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS OLE: 
A new activation report, which identifies that the transceiver unit was 
previously registered to another vessel; a notarized bill of sale 
showing proof of ownership of the VMS transceiver unit; documentation 
from the communications service provider showing proof that the service 
agreement for the previous vessel was terminated and that a service 
agreement was established for the new vessel.
    (3) Transceiver unit operation. Operate and maintain the mobile 
transceiver unit in good working order continuously, 24 hours a day 
throughout the fishing year, unless such vessel is exempted under 
paragraph (d)(4) of this section. The mobile transceiver unit must 
transmit a signal accurately indicating the vessel's position at least 
once every hour, 24 hours a day, throughout the year unless a valid 
exemption report, as described in paragraph (b)(4) of this section, has 
been received by NMFS OLE. Less frequent position reporting at least 
once every four hours is authorized when a vessel remains in port for an 
extended period of time, but the mobile transceiver unit must remain in 
continuous operation at all times unless the vessel is exempted under 
this section.
    (4) VMS exemptions. A vessel that is required to operate and 
maintain the mobile transceiver unit continuously 24 hours a day 
throughout the fishing year may be exempted from this requirement if a 
valid exemption report, as described at paragraph (d)(4)(vii) of this 
section, is received by NMFS OLE and the vessel is in compliance with 
all conditions and requirements of the VMS exemption identified in this 
section and specified in the exemption report.
    (i) Haul out exemption. When it is anticipated that a vessel will be 
continuously out of the water for more than 7 consecutive days and a 
valid exemption report has been received by NMFS OLE, electrical power 
to the VMS mobile transceiver unit may be removed and transmissions may 
be discontinued. Under this exemption, VMS transmissions can be 
discontinued from the time the vessel is removed from the water until 
the time that the vessel is placed back in the water.
    (ii) Outside areas exemption. When the vessel will be operating 
seaward of the EEZ off Washington, Oregon, or California continuously 
for more than 7 consecutive days and a valid exemption

[[Page 24]]

report has been received by NMFS OLE, the VMS mobile transceiver unit 
transmissions may be reduced or discontinued from the time the vessel 
leaves the EEZ off the coasts of Washington, Oregon or California until 
the time that the vessel re-enters the EEZ off the coasts of Washington, 
Oregon or California. Under this exemption, the vessel owner or operator 
can request that NMFS OLE reduce or discontinue the VMS transmissions 
after receipt of an exemption report, if the vessel is equipped with a 
VMS transceiver unit that NMFS OLE has approved for this exemption.
    (iii) Permit transfer exemption. If the limited entry permit has 
been transferred from a vessel (for the purposes of this section, this 
includes permits placed into ``unidentified'' status) the vessel may be 
exempted from VMS requirements providing the vessel is not used to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) for the remainder of the fishing year. If 
the vessel is used to fish in this area for any species of fish at any 
time during the remaining portion of the fishing year without being 
registered to a limited entry permit, the vessel is required to have and 
use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under paragraph (b)(3) 
of this section may be exempted from VMS provisions after the end of the 
fishing year in which it fished in the open access fishery, providing 
the vessel submits a completed exemption report signed by the vessel 
owner that includes a statement signed by the vessel owner indicating 
that the vessel will not be used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ during the new 
fishing year.
    (v) Emergency exemption. Vessels required to have VMS under 
paragraph (b) of this section may be exempted from VMS provisions in 
emergency situations that are beyond the vessel owner's control, 
including but not limited to: Fire, flooding, or extensive physical 
damage to critical areas of the vessel. A vessel owner may apply for an 
emergency exemption from the VMS requirements specified in paragraph (b) 
of this section for his/her vessel by sending a written request to NMFS 
OLE specifying the following information: The reasons for seeking an 
exemption, including any supporting documents (e.g., repair invoices, 
photographs showing damage to the vessel, insurance claim forms, etc.); 
the time period for which the exemption is requested; and the location 
of the vessel while the exemption is in effect. NMFS OLE will issue a 
written determination granting or denying the emergency exemption 
request. A vessel will not be covered by the emergency exemption until 
NMFS OLE issues a determination granting the exemption. If an exemption 
is granted, the duration of the exemption will be specified in the NMFS 
OLE determination.
    (vi) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing an electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with NMFS 
OLE must be made by telephone, fax or email within 24 hours from when 
the incident occurred. Emergency exemption requests must be requested in 
writing within 72 hours from when the incident occurred. Other exemption 
reports must be submitted through the VMS or another method that is 
approved by NMFS OLE and announced in the Federal Register. Submission 
methods for exemption requests, except long-term departures and 
emergency exemption requests, may include email, facsimile, or 
telephone. NMFS OLE will provide, through appropriate media, 
instructions to the public on submitting exemption reports. Instructions 
and other information needed to make exemption reports may be mailed to 
the vessel owner's address of record. NMFS will bear no responsibility 
if a notification is sent to the address of record for the vessel owner 
and is not received because the vessel owner's actual address has 
changed without notification to NMFS. Owners of vessels required to

[[Page 25]]

use VMS who do not receive instructions by mail are responsible for 
contacting NMFS OLE during business hours at least 3 days before the 
exemption is required to obtain information needed to make exemption 
reports. NMFS OLE must be contacted during business hours (Monday 
through Friday between 0800 and 1700 Pacific Time).
    (vii) Valid exemption reports. For an exemption report to be valid, 
it must be received by NMFS at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraphs (d)(4)(i) through 
(iv) of this section occur. An exemption report is valid until NMFS 
receives a report canceling the exemption. An exemption cancellation 
must be received at least 2 hours before the vessel re-enters the EEZ 
following an outside areas exemption; at least 2 hours before the vessel 
is placed back in the water following a haul out exemption; at least 2 
hours before the vessel resumes fishing for any species of fish in state 
or Federal waters off the States of Washington, Oregon, or California 
after it has received a permit transfer exemption; or at least 2 hours 
before a vessel resumes fishing in the open access fishery after a long-
term departure exemption. If a vessel is required to submit an 
activation report under paragraph (d)(2)(i) of this section before 
returning to fish, that report may substitute for the exemption 
cancellation. Initial contact must be made with NMFS OLE not more than 
24 hours after the time that an emergency situation occurred in which 
VMS transmissions were disrupted and followed by a written emergency 
exemption request within 72 hours from when the incident occurred. If 
the emergency situation upon which an emergency exemption is based is 
resolved before the exemption expires, an exemption cancellation must be 
received by NMFS at least 2 hours before the vessel resumes fishing.
    (5) When aware that transmission of automatic position reports has 
been interrupted, or when notified by NMFS OLE that automatic position 
reports are not being received, contact NMFS OLE at 7600 Sand Point Way 
NE, Seattle, WA 98115-6349, phone: (206) 526-6133 and follow the 
instructions provided to you. Such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS OLE 
the vessel's position or returning to port until the VMS is operable.
    (6) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the mobile transceiver unit prior to the vessel's next 
fishing trip. Repair or reinstallation of a mobile transceiver unit or 
installation of a replacement, including change of communications 
service provider shall be in accordance with the instructions provided 
by NMFS OLE and require the same certification.
    (7) Make the mobile transceiver units available for inspection by 
NMFS OLE personnel, USCG personnel, state enforcement personnel or any 
authorized officer.
    (8) Ensure that the mobile transceiver unit is not tampered with, 
disabled, destroyed, operated, or maintained improperly.
    (9) Pay all charges levied by the communication service provider as 
necessary to ensure continuous operation of the VMS transceiver units.



Sec. 660.15  Equipment requirements.

    (a) Applicability. This section contains the equipment and 
operational requirements for scales used to weigh catch at sea, scales 
used to weigh catch at IFQ first receivers, computer hardware for 
electronic fish ticket software and computer hardware for electronic 
logbook software.
    (b) Performance and technical requirements for scales used to weigh 
catch at sea. [Reserved]
    (c) Performance and technical requirements for scales used to weigh 
catch at IFQ first receivers. [Reserved]
    (d) Electronic fish tickets. Pacific whiting shoreside first 
receivers using the electronic fish ticket software provided by Pacific 
States Marine Fish Commission are required to meet the hardware and 
software requirements below. Those Pacific whiting shoreside first 
receivers who have NMFS-approved software compatible with the standards 
specified by Pacific States Marine Fish Commission for electronic fish 
tickets

[[Page 26]]

are not subject to any specific hardware or software requirements.
    (1) Hardware and software requirements. (i) A personal computer with 
Pentium 75-MHz or higher. Random Access Memory (RAM) must have 
sufficient megabyte (MB) space to run the operating system, plus an 
additional 8 MB for the software application and available hard disk 
space of 217 MB or greater. A CD-ROM drive with a Video Graphics Adapter 
(VGA) or higher resolution monitor (super VGA is recommended).
    (ii) Microsoft Windows 2000 (64 MB or greater RAM required), Windows 
XP (128 MB or greater RAM required) or later operating system.
    (iii) Microsoft Access 2003 or newer.
    (2) NMFS approved software standards and Internet access. The first 
receiver is responsible for obtaining, installing and updating 
electronic fish tickets software either provided by Pacific States 
Marine Fish Commission, or compatible with the data export 
specifications specified by Pacific States Marine Fish Commission and 
for maintaining Internet access sufficient to transmit data files via e-
mail. Requests for data export specifications can be submitted to: Attn: 
Frank Lockhart, National Marine Fisheries Service, Northwest Region 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA 
98115, or via e-mail to [email protected]
    (3) Maintenance. The Pacific whiting shoreside first receiver is 
responsible for ensuring that all hardware and software required under 
this subsection are fully operational and functional whenever the 
Pacific whiting primary season deliveries are accepted.
    (4) Improving data quality. Vessel owners and operators, Pacific 
whiting shoreside first receivers, or shoreside processor owners, or 
managers may contact NMFS in writing to request assistance in improving 
data quality and resolving issues. Requests may be submitted to: Attn: 
Frank Lockhart, National Marine Fisheries Service, Northwest Region 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA 
98115, or via e-mail to [email protected]



Sec. 660.16  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessels' compliance with observer 
requirements specified in this section and within Sec. 660.116, subpart 
D, Sec. 660.216, subpart E, Sec. 660.316, subpart F, or subpart G.
    (b) Purpose. The purpose of the Groundfish Observer Program is to 
collect fisheries data deemed by the Northwest Regional Administrator, 
NMFS, to be necessary and appropriate for management, compliance 
monitoring, and research in the groundfish fisheries and for the 
conservation of living marine resources and their habitat.
    (c) Catcher vessels. For the purposes of observer coverage 
requirements the term ``catcher vessel'' includes the vessels described 
in paragraphs (c)(1) through (c)(3) of this section. The term ``catcher 
vessel'' does not include: Catcher/processor or mothership vessels, 
Pacific whiting shoreside vessels that sort catch at sea, or 
recreational vessels.
    (1) Any vessel registered for use with a Pacific Coast groundfish 
limited entry permit that fishes in state or Federal waters seaward of 
the baseline from which the territorial sea is measured off the States 
of Washington, Oregon or California (0-200 nm offshore).
    (2) Any vessel other than a vessel described in paragraph (c)(1) of 
this section that is used to take and retain, possess, or land 
groundfish in or from the EEZ.
    (3) Any vessel that is required to take a Federal observer by the 
applicable State law.
    (d) Observer coverage requirements. The following table provides 
references to the regulatory sections with the observer coverage 
requirements.

------------------------------------------------------------------------
 West Coast Groundfish  Fishery/Program  Regulation  subpart and section
------------------------------------------------------------------------
Catcher Vessels in the Trawl Fishery,    subpart D, Sec. 660.116.
 and Pacific Whiting Shoreside Vessels
 that Sort Catch At Sea.
Mothership Processors..................  subpart D, Sec. 660.116.
Catcher/Processors.....................  subpart D, Sec. 660.116.
Catcher Vessels in the Fixed Gear        subpart E, Sec. 660.216.
 Fisheries.
Catcher Vessels in the Open Access       subpart F, Sec. 660.316.
 Fisheries.
------------------------------------------------------------------------


[[Page 27]]

    (e) NMFS-certified Observer Certification and Observer 
Responsibilities--(1) Observer Certification--(i) Applicability. 
Observer certification authorizes an individual to fulfill duties as 
specified in writing by the NMFS Observer Program Office while under the 
employ of a NMFS-permitted observer provider and according to 
certification endorsements as designated under paragraph (e)(3) of this 
section.
    (ii) Certification requirements. NMFS will certify individuals who:
    (A) Are employed by an observer provider company permitted pursuant 
to 50 CFR 679.50 at the time of the issuance of the certification;
    (B) Have provided, through their observer provider:
    (1) Information identified by NMFS at 50 CFR 
679.50(i)(2)(x)(A)(1)(iii) and (iv); and
    (2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C) 
regarding the observer candidate's health and physical fitness for the 
job;
    (C) Meet all education and health standards as specified in 50 CFR 
679.50(i)(2)(i)(A) and (i)(2)(x)(C), respectively; and
    (D) Have successfully completed NMFS-approved training as prescribed 
by the Observer Program.
    (1) Successful completion of training by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other training requirements 
established by the Observer Program.
    (2) If a candidate fails training, he or she will be notified in 
writing on or before the last day of training. The notification will 
indicate: The reasons the candidate failed the training; whether the 
candidate can retake the training, and under what conditions, or 
whether, the candidate will not be allowed to retake the training. If a 
determination is made that the candidate may not pursue further 
training, notification will be in the form of an IAD denying 
certification, as specified under paragraph (e)(2)(i) of this section.
    (E) Have not been decertified as specified in Sec. 660.18(b), or 
pursuant to 50 CFR 679.50.
    (2) Agency determinations on observer certification--(i) Issuance of 
an observer certification. An observer certification will be issued upon 
determination by the observer certification official (see Sec. 660.18, 
subpart C) that the candidate has successfully met all requirements for 
certification as specified in paragraph (e)(1)(ii) of this section.
    (ii) Denial of a certification. The NMFS observer certification 
official (see Sec. 660.18, subpart C) will issue a written IAD denying 
observer certification when the observer certification official 
determines that a candidate has unresolvable deficiencies in meeting the 
requirements for certification as specified in Sec. 660.18, subpart C. 
The IAD will identify the reasons certification was denied and what 
requirements were deficient.
    (iii) Appeals. A candidate who receives an IAD that denies his or 
her certification may appeal pursuant to Sec. 660.18, subpart C. A 
candidate who appeals the IAD will not be issued an interim observer 
certification, and will not receive a certification unless the final 
resolution of that appeal is in the candidate's favor.
    (3) Endorsements. The following endorsements must be obtained, in 
addition to observer certification, in order for an observer to deploy.
    (i) Certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain observer certification. This endorsement expires when 
the observer has not been deployed and performed sampling duties as 
required by the Observer Program Office for a period of time, specified 
by the Observer Program, after his or her most recent debriefing. The 
observer can renew the endorsement by successfully completing 
certification training once more.
    (ii) Annual general endorsements. Each observer must obtain an 
annual general endorsement to their certification prior to his or her 
first deployment within any calendar year subsequent to a year in which 
a certification training endorsement is obtained. To obtain an

[[Page 28]]

annual general endorsement, an observer must successfully complete the 
annual briefing, as specified by the Observer Program. All briefing 
attendance, performance, and conduct standards required by the Observer 
Program must be met.
    (iii) Deployment endorsements. Each observer who has completed an 
initial deployment after certification or annual briefing must receive a 
deployment endorsement to their certification prior to any subsequent 
deployments for the remainder of that year. An observer may obtain a 
deployment endorsement by successfully completing all pre-cruise 
briefing requirements. The type of briefing the observer must attend and 
successfully complete will be specified in writing by the Observer 
Program during the observer's most recent debriefing.
    (iv) Pacific whiting fishery endorsements. A Pacific whiting fishery 
endorsement is required for purposes of performing observer duties 
aboard vessels that process groundfish at sea in the Pacific whiting 
fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (A) Be a prior NMFS-certified observer in the groundfish fisheries 
off Alaska or the Pacific Coast, unless an individual with this 
qualification is not available;
    (B) Receive an evaluation by NMFS for his or her most recent 
deployment (if any) that indicated that the observer's performance met 
Observer Program expectations for that deployment;
    (C) Successfully complete a NMFS-approved observer training and/or 
Pacific whiting briefing as prescribed by the Observer Program; and
    (D) Comply with all of the other requirements of this section.
    (4) Standards of observer conduct--(i) Standards of behavior. 
Observers must avoid any behavior that could adversely affect the 
confidence of the public in the integrity of the Observer Program or of 
the government, including but not limited to the following:
    (A) Observers must perform their assigned duties as described in the 
Observer Manual or other written instructions from the Observer Program 
Office.
    (B) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations of suspected 
violations of regulations relevant to conservation of marine resources 
or their environment.
    (C) Observers must not disclose collected data and observations made 
on board the vessel or in the processing facility to any person except 
the owner or operator of the observed vessel or processing facility, an 
authorized officer, or NMFS.
    (D) Observers must refrain from engaging in any illegal actions or 
any other activities that would reflect negatively on their image as 
professional scientists, on other observers, or on the Observer Program 
as a whole. This includes, but is not limited to:
    (1) Violating the drug and alcohol policy established by and 
available from the Observer Program;
    (2) Engaging in the use, possession, or distribution of illegal 
drugs; or
    (3) Engaging in physical sexual contact with personnel of the vessel 
or processing facility to which the observer is assigned, or with any 
vessel or processing plant personnel who may be substantially affected 
by the performance or non-performance of the observer's official duties.



Sec. 660.17  Catch monitors and catch monitor service providers. [Reserved]



Sec. 660.18  Certification and decertification procedures for observers,
catch monitors, catch monitor providers, and observer providers.

    (a) Observer certification official. The Regional Administrator (or 
a designee) will designate a NMFS observer certification official who 
will make decisions for the Observer Program Office on whether to issue 
or deny observer certification pursuant to the regulations at Sec. 
660.16(e), subpart C.
    (b) Observer suspension and decertification.
    (1) Suspension and decertification review official. The Regional 
Administrator (or a designee) will designate a suspension and 
decertification review official(s), who will have the authority

[[Page 29]]

to review certifications and issue initial administrative determinations 
of certification suspension and/or decertification.
    (2) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (i) When it is alleged that the observer has committed any acts or 
omissions of any of the following:
    (A) Failed to satisfactorily perform the duties of observers as 
specified in writing by the NMFS Observer Program; or
    (B) Failed to abide by the standards of conduct for observers as 
prescribed under Sec. 660.16(e)(4), subpart C.
    (ii) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (A) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in writing by the NMFS Observer Program;
    (B) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (C) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the fitness of observers.
    (D) Conflict of interest as specified at Sec. 660.18 (d) of this 
section.
    (3) Issuance of initial administrative determination. Upon 
determination that suspension or decertification is warranted under 
Sec. 660.18(b) of this section the suspension/decertification official 
will issue a written IAD to the observer and send it via certified mail 
to the observer's most current address of record as provided to NMFS. 
The IAD will identify whether a certification is suspended or revoked 
and will identify the specific reasons for the action taken. If the IAD 
issues a suspension of a certification, the terms of the suspension will 
be specified. Suspension or decertification is effective immediately as 
of the date of issuance, unless the suspension/decertification official 
notes a compelling reason for maintaining certification for a specified 
period and under specified conditions.
    (4) Appeals. A certified observer who receives an IAD that suspends 
or revokes certification may appeal pursuant to paragraph (c) of this 
section.
    (c) Appeals process--(1) Decisions. Decisions on appeals of initial 
administrative decisions denying certification to, or suspending, or 
decertifying, will be made by the Regional Administrator (or designated 
official). Appeals decisions shall be in writing and shall state the 
reasons therefore.
    (2) Filing an appeal of the determination. An appeal must be filed 
with the Regional Administrator within 30 days of the initial 
administrative determination denying, suspending, or revoking the 
certification.
    (3) Content of an appeal. The appeal must be in writing, and must 
allege facts or circumstances to show why the certification should be 
granted, or should not be suspended or revoked, under the criteria in 
this section.
    (4) Decision on an appeal. Absent good cause for further delay, the 
Regional Administrator (or designated official) will issue a written 
decision on the appeal within 45 days of receipt of the appeal. The 
Regional Administrator's decision is the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce as of the 
date of the decision.
    (d) Limitations on conflict of interest--(1) Limitations on conflict 
of interest for observers: (i) Must not have a direct financial 
interest, other than the provision of observer or catch monitor 
services, in a North Pacific fishery managed pursuant to an FMP for the 
waters off the coast of Alaska, Alaska state waters, or in a Pacific 
Coast fishery managed by either the state or Federal governments in 
waters off Washington, Oregon, or California, including but not limited 
to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, shorebased or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish,
    (B) Any business involved with selling supplies or services to any 
vessel, shorebased or floating stationary processing facility; or
    (C) Any business involved with purchasing raw or processed products 
from

[[Page 30]]

any vessel, shorebased or floating stationary processing facilities.
    (ii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who either conducts activities that are regulated by 
NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the observers' official duties.
    (iii) May not serve as observer on any vessel or at any shoreside or 
floating stationary processing facility owned or operated where a person 
was previously employed.
    (iv) May not solicit or accept employment as a crew member or an 
employee of a vessel, shoreside processor, or stationary floating 
processor while employed by an observer or catch monitor provider.
    (2) Provisions for remuneration of observers or catch monitors under 
this section do not constitute a conflict of interest.
    (3) Limitations on conflict of interest for catch monitors. 
[Reserved]
    (4) Limitations on conflict of interest for catch monitors 
providers. [Reserved]



Sec. 660.20  Vessel and gear identification.

    (a) Vessel identification--(1) Display. The operator of a vessel 
that is over 25 ft (7.6 m) in length and is engaged in commercial 
fishing for groundfish must display the vessel's official number on the 
port and starboard sides of the deckhouse or hull, and on a weather deck 
so as to be visible from above. The number must contrast with the 
background and be in block Arabic numerals at least 18 inches (45.7 cm) 
high for vessels over 65 ft (19.8 m) long and at least 10 inches (25.4 
cm) high for vessels between 25 and 65 ft (7.6 and 19.8 m) in length. 
The length of a vessel for purposes of this section is the length set 
forth in USCG records or in state records, if no USCG record exists.
    (2) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a)(1) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.
    (3) Commercial passenger vessels. This section does not apply to 
vessels carrying fishing parties on a per-capita basis or by charter.
    (b) Gear identification. Gear identification requirements specific 
to fisheries using fixed gear (limited entry and open access) are 
described at Sec. 660.219, subpart E and Sec. 660.319, subpart F.



Sec. 660.24  Limited entry and open access fisheries.

    (a) General. All commercial fishing for groundfish must be conducted 
in accordance with the regulations governing limited entry and open 
access fisheries, except such fishing by treaty Indian tribes as may be 
separately provided for.
    (b) [Reserved]



Sec. 660.25  Permits.

    (a) General. Each of the permits or licenses in this section has 
different conditions or privileges as part of the permit or license. The 
permits or licenses in this section confer a conditional privilege of 
participating in the Pacific coast groundfish fishery, in accordance 
with Federal regulations in 50 CFR part 660, subparts C through G.
    (b) Limited entry permit--(1) Eligibility and registration--(i) 
General. In order for a vessel to be used to fish in the limited entry 
fishery, the vessel owner must hold a limited entry permit and, through 
SFD, must register that vessel for use with a limited entry permit. When 
participating in the limited entry fishery, a vessel is authorized to 
fish with the gear type endorsed on the limited entry permit registered 
for use with that vessel, except that the MS permit does not have a gear 
endorsement. There are three types of gear endorsements: Trawl, 
longline, and pot (or trap). All limited entry permits, except the MS 
permit, have size endorsements; a vessel registered for use with a 
limited entry permit must comply with the vessel size requirements of 
this subpart. A sablefish endorsement is also required for a vessel to 
be used to fish in the primary season for the limited entry fixed gear 
sablefish fishery, north of 36[deg] N. lat. Certain limited

[[Page 31]]

entry permits will also have endorsements required for participation in 
a specific fishery, such as the MS/CV endorsement and the C/P 
endorsement.
    (A) Until the trawl rationalization program is implemented, a 
catcher vessel participating in either the Pacific whiting shorebased or 
mothership sector must, in addition to being registered for use with a 
limited entry permit, be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.26, subpart C. A vessel 
participating in the Pacific whiting catcher/processor sector must, in 
addition to being registered for use with a limited entry permit, be 
registered for use with a sector-appropriate Pacific whiting vessel 
license under Sec. 660.26, subpart C. Although a mothership vessel 
participating in the Pacific whiting mothership sector is not required 
to be registered for use with a limited entry permit, such vessel must 
be registered for use with a sector-appropriate Pacific whiting vessel 
license under Sec. 660.26, subpart C.
    (B) [Reserved]
    (ii) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12113 (a) may be issued or may hold a 
limited entry permit.
    (iii) Registration. Limited entry permits will normally be 
registered for use with a particular vessel at the time the permit is 
issued, renewed, transferred, or replaced. If the permit will be used 
with a vessel other than the one registered on the permit, the permit 
owner must register that permit for use with the new vessel through the 
SFD. The reissued permit must be placed on board the new vessel in order 
for the vessel to be used to fish in the limited entry fishery.
    (A) For all limited entry permits, including MS permits, MS/CV-
endorsed permits, and C/P-endorsed permits when they are not fishing in 
the at-sea whiting fisheries, registration of a limited entry permit to 
be used with a new vessel will take effect no earlier than the first day 
of the next major limited entry cumulative limit period following the 
date SFD receives the transfer form and the original permit.
    (B) For MS permits, MS/CV-endorsed permits, and C/P-endorsed permits 
when they are fishing in the at-sea whiting fisheries, registration of a 
limited entry permit to be used with a new vessel will take effect on 
the date NMFS approves and issuance of the transferred permit.
    (iv) Limited entry permits indivisible. Limited entry permits may 
not be divided for use by more than one vessel.
    (v) Initial administrative determination. SFD will make an IAD 
regarding permit endorsements, renewal, replacement, and change in 
vessel registration. SFD will notify the permit owner in writing with an 
explanation of any determination to deny a permit endorsement, renewal, 
replacement, or change in vessel registration. The SFD will decline to 
act on an application for permit endorsement, renewal, transfer, 
replacement, or registration of a limited entry permit if the permit is 
subject to sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 
1858 (a) and implementing regulations at 15 CFR part 904, subpart D, 
apply.
    (2) Mothership (MS) permit. The MS permit conveys a conditional 
privilege for the vessel registered to it,, to participate in the MS 
fishery by receiving and processing deliveries of groundfish in the 
Pacific whiting mothership sector. An MS permit is a type of limited 
entry permit. An MS permit does not have any endorsements affixed to the 
permit, as listed in paragraph (b)(3) of this section. The provisions 
for the MS permit, including eligibility, renewal, change of permit 
ownership, vessel registration, fees, and appeals are described at Sec. 
660.150, subpart D.
    (3) Endorsements--(i) ``A'' endorsement. A limited entry permit with 
an ``A'' endorsement entitles the vessel registered to the permit to 
fish in the limited entry fishery for all groundfish species with the 
type(s) of limited entry gear specified in the endorsement, except for 
sablefish harvested north of 36[deg] N. lat. during times and with gears 
for which a sablefish endorsement is required. See paragraph (b)(3)(iv) 
of this section for provisions on sablefish endorsement requirements. An 
``A'' endorsement is transferable with the limited entry permit to 
another person, or to a different vessel under the same ownership under 
paragraph (b)(4) of this section. An ``A''

[[Page 32]]

endorsement expires on failure to renew the limited entry permit to 
which it is affixed. An MS permit is not considered a limited entry 
``A''-endorsed permit.
    (ii) Gear endorsement. There are three types of gear endorsements: 
Trawl, longline and pot (trap). When limited entry ``A''-endorsed 
permits were first issued, some vessel owners qualified for more than 
one type of gear endorsement based on the landings history of their 
vessels. Each limited entry ``A''-endorsed permit has one or more gear 
endorsement(s). Gear endorsement(s) assigned to the permit at the time 
of issuance will be permanent and shall not be modified. While 
participating in the limited entry fishery, the vessel registered to the 
limited entry ``A''-endorsed permit is authorized to fish the gear(s) 
endorsed on the permit. While participating in the limited entry, fixed 
gear primary fishery for sablefish described at Sec. 660.231, subpart 
E, a vessel registered to more than one limited entry permit is 
authorized to fish with any gear, except trawl gear, endorsed on at 
least one of the permits registered for use with that vessel. During the 
limited entry fishery, permit holders may also fish with open access 
gear, except that vessels fishing against primary sablefish season 
cumulative limits described at Sec. 660.231, subpart E, may not fish 
with open access gear against those limits. An MS permit does not have a 
gear endorsement.
    (iii) Vessel size endorsements--(A) General. Each limited entry 
``A''-endorsed permit will be endorsed with the LOA for the size of the 
vessel that initially qualified for the permit, except when permits are 
combined into one permit to be registered for use with a vessel 
requiring a larger size endorsement, the new permit will be endorsed for 
the size that results from the combination of the permits.
    (B) Limitations of size endorsements. (1) A limited entry permit may 
be registered for use with a vessel up to 5 ft (1.52 m) longer than, the 
same length as, or any length shorter than, the size endorsed on the 
existing permit without requiring a combination of permits or a change 
in the size endorsement.
    (2) The vessel harvest capacity rating for each of the permits being 
combined is that indicated in Table 3 of subpart C for the LOA (in feet) 
endorsed on the respective limited entry permit. Harvest capacity 
ratings for fractions of a foot in vessel length will be determined by 
multiplying the fraction of a foot in vessel length by the difference in 
the two ratings assigned to the nearest integers of vessel length. The 
length rating for the combined permit is that indicated for the sum of 
the vessel harvest capacity ratings for each permit being combined. If 
that sum falls between the sums for two adjacent lengths on Table 3 of 
subpart C, the length rating shall be the higher length.
    (C) Size endorsement requirements for sablefish-endorsed permits. 
Notwithstanding paragraphs (b)(3)(iii)(A) and (B) of this section, when 
multiple permits are ``stacked'' on a vessel, as described in paragraph 
(b)(4)(iii), at least one of the permits must meet the size requirements 
of those sections. The permit that meets the size requirements of those 
sections is considered the vessel's ``base'' permit, as defined in Sec. 
660.11, subpart C. If more than one permit registered for use with the 
vessel has an appropriate length endorsement for that vessel, NMFS SFD 
will designate a base permit by selecting the permit that has been 
registered to the vessel for the longest time. If the permit owner 
objects to NMFS' selection of the base permit, the permit owner may send 
a letter to NMFS SFD requesting the change and the reasons for the 
request. If the permit requested to be changed to the base permit is 
appropriate for the length of the vessel, NMFS SFD will reissue the 
permit with the new base permit. Any additional permits that are stacked 
for use with a vessel participating in the limited entry fixed gear 
primary sablefish fishery may be registered for use with a vessel even 
if the vessel is more than 5 ft (1.5 m) longer or shorter than the size 
endorsed on the permit.
    (iv) Sablefish endorsement and tier assignment--(A) General. 
Participation in the limited entry fixed gear sablefish fishery during 
the primary season north of 36[deg] N. lat., described in Sec. 660.231, 
Subpart E, requires that an owner of a vessel hold (by ownership or

[[Page 33]]

lease) a limited entry permit, registered for use with that vessel, with 
a longline or trap (or pot) endorsement and a sablefish endorsement. Up 
to three permits with sablefish endorsements may be registered for use 
with a single vessel. Limited entry permits with sablefish endorsements 
are assigned to one of three different cumulative trip limit tiers, 
based on the qualifying catch history of the permit.
    (1) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (2) A sablefish endorsement and its associated tier assignment are 
not separable from the limited entry permit, and therefore may not be 
transferred separately from the limited entry permit.
    (B) Issuance process for sablefish endorsements and tier 
assignments. No new applications for sablefish endorsements will be 
accepted after November 30, 1998. All tier assignments and subsequent 
appeals processes were completed by September 1998.
    (C) Ownership requirements and limitations. (1) No partnership or 
corporation may own a limited entry permit with a sablefish endorsement 
unless that partnership or corporation owned a limited entry permit with 
a sablefish endorsement on November 1, 2000. Otherwise, only individual 
human persons may own limited entry permits with sablefish endorsements.
    (2) No individual person, partnership, or corporation in combination 
may have ownership interest in or hold more than 3 permits with 
sablefish endorsements either simultaneously or cumulatively over the 
primary season, except for an individual person, or partnerships or 
corporations that had ownership interest in more than 3 permits with 
sablefish endorsements as of November 1, 2000. The exemption from the 
maximum ownership level of 3 permits only applies to ownership of the 
particular permits that were owned on November 1, 2000. An individual 
person, or partnerships or corporations that had ownership interest in 3 
or more permits with sablefish endorsements as of November 1, 2000, may 
not acquire additional permits beyond those particular permits owned on 
November 1, 2000. If, at some future time, an individual person, 
partnership, or corporation that owned more than 3 permits as of 
November 1, 2000, sells or otherwise permanently transfers (not holding 
through a lease arrangement) some of its originally owned permits, such 
that they then own fewer than 3 permits, they may then acquire 
additional permits, but may not have ownership interest in or hold more 
than 3 permits.
    (3) A partnership or corporation will lose the exemptions provided 
in paragraphs (b)(3)(iv)(C)(1) and (2) of this section on the effective 
date of any change in the corporation or partnership from that which 
existed on November 1, 2000. A ``change'' in the partnership or 
corporation is defined at Sec. 660.11, subpart C. A change in the 
partnership or corporation must be reported to SFD within 15 calendar 
days of the addition of a new shareholder or partner.
    (4) Any partnership or corporation with any ownership interest in or 
that holds a limited entry permit with a sablefish endorsement shall 
document the extent of that ownership interest or the individuals that 
hold the permit with the SFD via the Identification of Ownership 
Interest Form sent to the permit owner through the annual permit renewal 
process and whenever a change in permit owner, permit holder, and/or 
vessel registration occurs as described at paragraph (b)(4)(iv) and (v) 
of this section. SFD will not renew a sablefish-endorsed limited entry 
permit through the annual renewal process described at paragraph 
(b)(4)(i) of this section, or approve a change in permit owner, permit 
holder, and/or vessel registration unless the Identification of 
Ownership Interest Form has been completed. Further, if SFD discovers 
through review of the Identification of Ownership Interest Form that an 
individual person, partnership, or corporation owns or holds more than 3 
permits and is not authorized to do so under paragraph (b)(3)(iv)(C)(2) 
of this section, the individual person, partnership or corporation will 
be notified and the permits owned or held by that individual person, 
partnership, or corporation will be void and reissued with the vessel 
status as ``unidentified'' until the permit owner owns and/or holds a

[[Page 34]]

quantity of permits appropriate to the restrictions and requirements 
described in paragraph (b)(3)(iv)(C)(2) of this section. If SFD 
discovers through review of the Identification of Ownership Interest 
Form that a partnership or corporation has had a change in membership 
since November 1, 2000, as described in paragraph (b)(3)(iv)(C)(3) of 
this section, the partnership or corporation will be notified, SFD will 
void any existing permits, and reissue any permits owned and/or held by 
that partnership or corporation in ``unidentified'' status with respect 
to vessel registration until the partnership or corporation is able to 
transfer those permits to persons authorized under this section to own 
sablefish-endorsed limited entry permits.
    (5) A person, partnership, or corporation that is exempt from the 
owner-on-board requirement may sell all of their permits, buy another 
sablefish-endorsed permit within up to a year from the date the last 
permit was approved for transfer, and retain their exemption from the 
owner-on-board requirements. An individual person, partnership or 
corporation could only obtain a permit if it has not added or changed 
individuals since November 1, 2000, excluding individuals that have left 
the partnership or corporation or that have died.
    (D) Sablefish at-sea processing prohibition and exemption. Vessels 
are prohibited from processing sablefish at sea that were caught in the 
primary sablefish fishery without sablefish at-sea processing 
exemptions. The sablefish at-sea processing exemption has been issued to 
a particular vessel and that permit and vessel owner who requested the 
exemption. The exemption is not part of the limited entry permit. The 
exemption is not transferable to any other vessel, vessel owner, or 
permit owner for any reason. The sablefish at-sea processing exemption 
will expire upon transfer of the vessel to a new owner or if the vessel 
is totally lost, as defined at Sec. 660.11, subpart C.
    (v) MS/CV endorsement. An MS/CV endorsement on a trawl limited entry 
permit conveys a conditional privilege that allows a vessel registered 
to it to fish in either the coop or non-coop fishery in the MS Coop 
Program described at Sec. 660.150, subpart D. The provisions for the 
MS/CV-endorsed limited entry permit, including eligibility, renewal, 
change of permit ownership, vessel registration, combinations, 
accumulation limits, fees, and appeals are described at Sec. 660.150, 
subpart D.
    (vi) C/P endorsement. A C/P endorsement on a trawl limited entry 
permit conveys a conditional privilege that allows a vessel registered 
to it to fish in the C/P Coop Program described at Sec. 660.160, 
subpart D. The provisions for the C/P-endorsed limited entry permit, 
including eligibility, renewal, change of permit ownership, vessel 
registration, combinations, fees, and appeals are described at Sec. 
660.160, subpart D.
    (vii) Endorsement and exemption restrictions. ``A'' endorsements, 
gear endorsements, sablefish endorsements and sablefish tier 
assignments, MS/CV endorsements, and C/P endorsements may not be 
transferred separately from the limited entry permit. Sablefish at-sea 
processing exemptions are associated with the vessel and not with the 
limited entry permit and may not be transferred at all.
    (4) Limited entry permit actions--renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer--(i) 
Renewal of limited entry permits and gear endorsements. (A) Limited 
entry permits expire at the end of each calendar year, and must be 
renewed between October 1 and November 30 of each year in order to 
remain in force the following year.
    (B) Notification to renew limited entry permits will be issued by 
SFD prior to September 1 each year to the permit owner's most recent 
address in the SFD record. The permit owner shall provide SFD with 
notice of any address change within 15 days of the change.
    (C) Limited entry permit renewal requests received in SFD between 
November 30 and December 31 will be effective on the date that the 
renewal is approved. A limited entry permit that is allowed to expire 
will not be renewed unless the permit owner requests reissuance by March 
31 of the following year and the SFD determines that failure to renew 
was proximately caused by illness, injury, or death of the permit owner.

[[Page 35]]

    (D) Limited entry permits with sablefish endorsements, as described 
at paragraph (b)(3)(iv) of this section, will not be renewed until SFD 
has received complete documentation of permit ownership as required 
under paragraph (b)(3)(iv)(C)(4) of this section.
    (E) Limited entry permits with an MS/CV endorsement or an MS permit, 
will not be renewed until SFD has received complete documentation of 
permit ownership as required under Sec. 660.150(g) and Sec. 660.150(f) 
of subpart D, respectively.
    (ii) Combining limited entry ``A'' permits. Two or more limited 
entry permits with ``A'' gear endorsements for the same type of limited 
entry gear may be combined and reissued as a single permit with a larger 
size endorsement as described in paragraph (b)(3)(iii) of this section.
    (A) Sablefish-endorsed permit. With respect to limited entry permits 
endorsed for longline and pot (trap) gear, a sablefish endorsement will 
be issued for the new permit only if all of the permits being combined 
have sablefish endorsements. If two or more permits with sablefish 
endorsements are combined, the new permit will receive the same tier 
assignment as the tier with the largest cumulative landings limit of the 
permits being combined.
    (B) MS/CV-endorsed permit. When an MS/CV-endorsed permit is combined 
with another non-C/P-endorsed permit (including unendorsed permits), the 
resulting permit will be MS/CV-endorsed. If an MS/CV-endorsed permit is 
combined with a C/P-endorsed permit, the MS/CV endorsement and catch 
history assignment will not be reissued on the combined permit.
    (C) C/P-endorsed permit. A C/P-endorsed permit that is combined with 
a limited entry trawl permit that is not C/P-endorsed will result in a 
single C/P-endorsed permit with a larger size endorsement. An MS/CV 
endorsement on one of the permits being combined will not be reissued on 
the resulting permit.
    (iii) Stacking limited entry permits. ``Stacking'' limited entry 
permits, as defined at Sec. 660.11, subpart C, refers to the practice 
of registering more than one sablefish-endorsed permit for use with a 
single vessel. Only limited entry permits with sablefish endorsements 
may be stacked. Up to 3 limited entry permits with sablefish 
endorsements may be registered for use with a single vessel during the 
primary sablefish season described at Sec. 660.231, subpart E. 
Privileges, responsibilities, and restrictions associated with stacking 
permits to fish in the primary sablefish fishery are described at Sec. 
660.231, subpart E and at paragraph (b)(3)(iv) of this section.
    (iv) Changes in permit ownership and permit holder. (A) General. The 
permit owner may convey the limited entry permit to a different person. 
The new permit owner will not be authorized to use the permit until the 
change in permit ownership has been registered with and approved by the 
SFD. The SFD will not approve a change in permit ownership for a limited 
entry permit with a sablefish endorsement that does not meet the 
ownership requirements for such permit described at paragraph 
(b)(3)(iv)(C) of this section. The SFD will not approve a change in 
permit ownership for a limited entry permit with an MS/CV endorsement 
that does not meet the ownership requirements for such permit described 
at Sec. 660.150(g)(3), subpart D. Change in permit owner and/or permit 
holder applications must be submitted to SFD with the appropriate 
documentation described at paragraph (b)(4)(vii) of this section.
    (1) During the initial issuance application period for the trawl 
rationalization program, NMFS will not review or approve any request for 
a change in limited entry trawl permit owner at any time during the 
application period, as specified at Sec. 660.140(d)(8)(viii) for QS 
applicants, at Sec. 660.150(g)(6)(vii) for MS/CV endorsement 
applicants, and at Sec. 660.160(d)(7)(vi) for C/P endorsement 
applicants. The initial issuance application period for the trawl 
rationalization program will begin on either November 1, 2010 or the 
date upon which the application is received by NMFS, whichever occurs 
first.
    (2) [Reserved]
    (B) Effective date. The change in ownership of the permit or change 
in the permit holder will be effective on the day the change is approved 
by SFD, unless there is a concurrent change in the

[[Page 36]]

vessel registered to the permit. Requirements for changing the vessel 
registered to the permit are described at paragraph (e) of this section.
    (C) Sablefish-endorsed permits. If a permit owner submits an 
application to transfer a sablefish-endorsed limited entry permit to a 
new permit owner or holder (transferee) during the primary sablefish 
season described at Sec. 660.231, subpart E (generally April 1 through 
October 31), the initial permit owner (transferor) must certify on the 
application form the cumulative quantity, in round weight, of primary 
season sablefish landed against that permit as of the application 
signature date for the then current primary season. The transferee must 
sign the application form acknowledging the amount of landings to date 
given by the transferor. This certified amount should match the total 
amount of primary season sablefish landings reported on state landing 
receipts. As required at Sec. 660.12(b), subpart C, any person landing 
sablefish must retain on board the vessel from which sablefish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of sablefish landings from the primary season containing 
all data, and in the exact manner, required by the applicable state law 
throughout the primary sablefish season during which a landing occurred 
and for 15 days thereafter.
    (v) Changes in vessel registration- transfer of limited entry 
permits and gear endorsements--(A) General. A permit may not be used 
with any vessel other than the vessel registered to that permit. For 
purposes of this section, a permit transfer occurs when, through SFD, a 
permit owner registers a limited entry permit for use with a new vessel. 
Permit transfer applications must be submitted to SFD with the 
appropriate documentation described at paragraph (b)(4)(vii) of this 
section. Upon receipt of a complete application, and following review 
and approval of the application, the SFD will reissue the permit 
registered to the new vessel. Applications to transfer limited entry 
permits with sablefish endorsements will not be approved until SFD has 
received complete documentation of permit ownership as described at 
paragraph (b)(3)(iv)(C)(4) of this section and as required under 
paragraph (b)(4)(vii) of this section.
    (B) Application. A complete application must be submitted to SFD in 
order for SFD to review and approve a change in vessel registration. At 
a minimum, a permit owner seeking to transfer a limited entry permit 
shall submit to SFD a signed application form and his/her current 
limited entry permit before the first day of the cumulative limit period 
in which they wish to fish. If a permit owner provides a signed 
application and current limited entry permit after the first day of a 
cumulative limit period, the permit will not be effective until the 
succeeding cumulative limit period. SFD will not approve a change in 
vessel registration (transfer) until it receives a complete application, 
the existing permit, a current copy of the USCG 1270, and other required 
documentation.
    (C) Effective date. Changes in vessel registration on permits will 
take effect no sooner than the first day of the next major limited entry 
cumulative limit period following the date that SFD receives the signed 
permit transfer form and the original limited entry permit. No transfer 
is effective until the limited entry permit has been reissued as 
registered with the new vessel.
    (D) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited entry permit to a 
new vessel during the primary sablefish season described at Sec. 
660.231, subpart E (generally April 1 through October 31), the initial 
permit owner (transferor) must certify on the application form the 
cumulative quantity, in round weight, of primary season sablefish landed 
against that permit as of the application signature date for the then 
current primary season. The new permit owner or holder (transferee) 
associated with the new vessel must sign the application form 
acknowledging the amount of landings to date given by the transferor. 
This certified amount should match the total amount of primary season 
sablefish landings reported on state landing receipts. As required at 
Sec. 660.12(b), subpart C, any person landing sablefish must retain on 
board the vessel from which sablefish is landed, and provide

[[Page 37]]

to an authorized officer upon request, copies of any and all reports of 
sablefish landings from the primary season containing all data, and in 
the exact manner, required by the applicable state law throughout the 
primary sablefish season during which a landing occurred and for 15 days 
thereafter.
    (vi) Restriction on frequency of transfers--(A) General. A permit 
owner may designate the vessel registration for a permit as 
``unidentified,'' meaning that no vessel has been identified as 
registered for use with that permit. No vessel is authorized to use a 
permit with the vessel registration designated as ``unidentified.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec. 
660.14, subpart C unless specifically authorized by that section. When a 
permit owner requests that the permit's vessel registration be 
designated as ``unidentified,'' the transaction is not considered a 
``transfer'' for purposes of this section. Any subsequent request by a 
permit owner to change from the ``unidentified'' status of the permit in 
order to register the permit with a specific vessel will be considered a 
change in vessel registration (transfer) and subject to the restriction 
on frequency and timing of changes in vessel registration (transfer).
    (B) Limited entry fixed gear and trawl-endorsed permits (without MS/
CV or C/P endorsements). Limited entry fixed gear and trawl-endorsed 
permits (without MS/CV or C/P endorsements) permits may not be 
registered for use with a different vessel (transfer) more than once per 
calendar year, except in cases of death of a permit holder or if the 
permitted vessel is totally lost as defined in Sec. 660.11, subpart C. 
The exception for death of a permit holder applies for a permit held by 
a partnership or a corporation if the person or persons holding at least 
50 percent of the ownership interest in the entity dies.
    (C) Limited entry MS permits and limited entry permits with MS/CV or 
C/P endorsements. Limited entry MS permits and limited entry permits 
with MS/CV or C/P endorsements may be registered to another vessel up to 
two times during the fishing season as long as the second transfer is 
back to the original vessel. The original vessel is either the vessel 
registered to the permit as of January 1, or if no vessel is registered 
to the permit as of January 1, the original vessel is the first vessel 
to which the permit is registered after January 1. After the original 
vessel has been established, the first transfer would be to another 
vessel, but any second transfer must be back to the original vessel.
    (vii) Application and supplemental documentation. Permit holders may 
request a transfer (change in vessel registration) and/or change in 
permit ownership or permit holder by submitting a complete application 
form. In addition, a permit owner applying for renewal, replacement, 
transfer, or change of ownership or change of permit holder of a limited 
entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The following evidentiary standards 
apply:
    (A) For a request to change a vessel registration and/or change in 
permit ownership or permit holder, the permit owner must provide SFD 
with a current copy of the USCG Form 1270 for vessels of 5 net tons or 
greater, or a current copy of a state registration form for vessels 
under 5 net tons.
    (B) For a request to change a vessel registration and/or change in 
permit ownership or permit holder for sablefish-endorsed permits with a 
tier assignment for which a corporation or partnership is listed as 
permit owner and/or holder, an Identification of Ownership Interest Form 
must be completed and included with the application form.
    (C) For a request to change permit ownership for an MS permit or for 
a request to change a vessel registration and/or change in permit 
ownership or permit holder for an MS/CV-endorsed limited entry trawl 
permit, an Identification of Ownership Interest Form must be completed 
and included with the application form.
    (D) For a request to change the vessel registration to a permit, the 
permit owner must submit to SFD a current marine survey conducted by a 
certified marine surveyor in accordance with USCG regulations to 
authenticate the length overall of the vessel being newly

[[Page 38]]

registered with the permit. Marine surveys older than 3 years at the 
time of the request for change in vessel registration will not be 
considered ``current'' marine surveys for purposes of this requirement.
    (E) For a request to change a permit's ownership where the current 
permit owner is a corporation, partnership or other business entity, the 
applicant must provide to SFD a corporate resolution that authorizes the 
conveyance of the permit to a new owner and which authorizes the 
individual applicant to request the conveyance on behalf of the 
corporation, partnership, or other business entity.
    (F) For a request to change a permit's ownership that is 
necessitated by the death of the permit owner(s), the individual(s) 
requesting conveyance of the permit to a new owner must provide SFD with 
a death certificate of the permit owner(s) and appropriate legal 
documentation that either: specifically transfers the permit to a 
designated individual(s); or, provides legal authority to the transferor 
to convey the permit ownership.
    (G) For a request to change a permit's ownership that is 
necessitated by divorce, the individual requesting the change in permit 
ownership must submit an executed divorce decree that awards the permit 
to a designated individual(s).
    (H) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or Regional Administrator may request or acquire, may 
also be considered.
    (viii) Application forms available. Application forms for the change 
in vessel registration (transfer) and change of permit ownership or 
permit holder of limited entry permits are available from the SFD (see 
part 600 for address of the Regional Administrator). Contents of the 
application, and required supporting documentation, are specified in the 
application form.
    (ix) Records maintenance. The SFD will maintain records of all 
limited entry permits that have been issued, renewed, transferred, 
registered, or replaced.
    (5) Small fleet. (i) Small limited entry fisheries fleets that are 
controlled by a local government, are in existence as of July 11, 1991, 
and have negligible impacts on the groundfish resource, may be certified 
as consistent with the goals and objectives of the limited entry program 
and incorporated into the limited entry fishery. Permits issued under 
this subsection will be issued in accordance with the standards and 
procedures set out in the PCGFMP and will carry the rights explained 
therein.
    (ii) A permit issued under this section may be registered only to 
another vessel that will continue to operate in the same certified small 
fleet, provided that the total number of vessels in the fleet does not 
increase. A vessel may not use a small fleet limited entry permit for 
participation in the limited entry fishery outside of authorized 
activities of the small fleet for which that permit and vessel have been 
designated.
    (c) Quota share (QS) permit. A QS permit conveys a conditional 
privilege to a person to own QS or IBQ for designated species and 
species groups and to fish in the Shorebased IFQ Program described Sec. 
660.140, subpart D. A QS permit is not a limited entry permit. The 
provisions for the QS permit, including eligibility, renewal, change of 
permit ownership, accumulation limits, fees, and appeals are described 
at Sec. 660.140, subpart D.
    (d) First receiver site license. The first receiver site license 
conveys a conditional privilege to a first receiver to receive, 
purchase, or take custody, control or possession of landings from the 
Shorebased IFQ Program. The first receiver site license is issued for a 
person and a unique physical site consistent with the terms and 
conditions required to account for and weigh the landed species. A first 
receiver site license is not a limited entry permit. The provisions for 
the First Receiver Site License, including eligibility, registration, 
change of ownership, fees, and appeals are described at Sec. 
660.140(f), subpart D.
    (e) Coop permit. [Reserved]
    (1) MS coop permit. [Reserved]
    (2) C/P coop permit. [Reserved]
    (f) Permit fees. The Regional Administrator is authorized to charge 
fees to cover administrative expenses related to issuance of permits 
including initial

[[Page 39]]

issuance, renewal, transfer, vessel registration, replacement, and 
appeals. The appropriate fee must accompany each application.
    (g) Permit appeals process--(1) General. For permit actions, 
including issuance, renewal, change in vessel registration, change in 
permit owner or permit holder, and endorsement upgrade, the Assistant 
Regional Administrator for Sustainable Fisheries will make an initial 
administrative determination (IAD) on the action. In cases where the 
applicant disagrees with the IAD, the applicant may appeal that 
decision. Final decisions on appeals of IADs regarding issuance, 
renewal, change in vessel registration, change in permit owner or permit 
holder, and endorsement upgrade, will be made in writing by the Regional 
Administrator acting on behalf of the Secretary of Commerce and will 
state the reasons therefore. This section describes the procedures for 
appealing the IAD on permit actions made in this title under subparts C 
through G of part 660. Additional information regarding appeals of an 
IAD related to the trawl rationalization program is contained in the 
specific program sections under subpart D of part 660.
    (2) Who May Appeal? Only a person who received an IAD that 
disapproved any part of their application may file a written appeal. For 
purposes of this section, such person will be referred to as the 
``applicant.''
    (3) Submission of appeals. (i) The appeal must be in writing, must 
allege credible facts or circumstances to show why the criteria in this 
subpart have been met, and must include any relevant information or 
documentation to support the appeal.
    (ii) Appeals must be mailed or faxed to: National Marine Fisheries 
Service, Northwest Region, Sustainable Fisheries Division, ATTN: 
Appeals, 7600 Sand Point Way NE., Seattle, WA, 98115; Fax: 206-526-6426; 
or delivered to National Marine Fisheries Service at the same address.
    (4) Timing of appeals. (i) If an applicant appeals an IAD, the 
appeal must be postmarked, faxed, or hand delivered to NMFS no later 
than 30 calendar days after the date on the IAD. If the applicant does 
not appeal the IAD within 30 calendar days, the IAD becomes the final 
decision of the Regional Administrator acting on behalf of the Secretary 
of Commerce.
    (ii) The time period to submit an appeal begins with the date on the 
IAD. If the last day of the time period is a Saturday, Sunday, or 
Federal holiday, the time period will extend to the close of business on 
the next business day.
    (5) Address of record. For purposes of the appeals process, NMFS 
will establish as the address of record, the address used by the 
applicant in initial correspondence to NMFS. Notifications of all 
actions affecting the applicant after establishing an address of record 
will be mailed to that address, unless the applicant provides NMFS, in 
writing, with any changes to that address. NMFS bears no responsibility 
if a notification is sent to the address of record and is not received 
because the applicant's actual address has changed without notification 
to NMFS.
    (6) Decisions on appeals. (i) For the appeal of an IAD related to 
the application and initial issuance process for the trawl 
rationalization program listed in subpart D of part 660, the Regional 
Administrator shall appoint an appeals officer. After determining there 
is sufficient information and that all procedural requirements have been 
met, the appeals officer will review the record and issue a 
recommendation on the appeal to the Regional Administrator, which shall 
be advisory only. The recommendation must be based solely on the record. 
Upon receiving the findings and recommendation, the Regional 
Administrator shall issue a final decision on the appeal acting on 
behalf of the Secretary of Commerce in accordance with paragraph 
(g)(6)(ii) of this section.
    (ii) Final decision on appeal. The Regional Administrator will issue 
a written decision on the appeal which is the final decision of the 
Secretary of Commerce.
    (7) Status of permits pending appeal. (i) For all permit actions, 
except those actions related to the application and initial issuance 
process for the trawl rationalization program listed in subpart D of 
part 660, the permit registration remains as it was prior to the request 
until the final decision has been made.

[[Page 40]]

    (ii) For permit actions related to the application and initial 
issuance process for the trawl rationalization program listed in subpart 
D of part 660, the status of permits pending appeal is as follows:
    (A) For permit and endorsement qualifications and eligibility 
appeals (i.e., QS permit, MS permit, MS/CV endorsement, C/P 
endorsement), any permit or endorsement under appeal after December 31, 
2010 may not be used to fish in the Pacific Coast groundfish fishery 
until a final decision on the appeal has been made. If the permit or 
endorsement will be issued, the permit or endorsement will be effective 
upon approval, except for QS permits, which will be effective at the 
start of the next fishing year.
    (B) For a QS or IBQ amount for specific IFQ management unit species 
under appeal, the QS or IBQ amount for the IFQ species under appeal will 
remain as the amount assigned to the associated QS permit in the IAD). 
The QS permit may be used to fish in the Pacific Coast groundfish 
fishery with the QS or IBQ amounts assigned to the QS permit in the IAD. 
Once a final decision on the appeal has been made and if a revised QS or 
IBQ amount for a specific IFQ species will be assigned to the QS permit, 
the additional QS or IBQ amount associated with the QS permit will be 
effective at the start of the next calendar year following the final 
decision.
    (C) For a Pacific whiting catch history assignment associated with 
an MS/CV endorsement under appeal, the catch history assignment will 
remain as that previously assigned to the associated MS/CV-endorsed 
limited entry permit in the IAD). The MS/CV-endorsed limited entry 
permit may be used to fish in the Pacific Coast groundfish fishery with 
the catch history assigned to the MS/CV-endorsed permit in the IAD. Once 
a final decision on the appeal has been made, and if a revised catch 
history assignment will be issued, the additional Pacific whiting catch 
history assignment associated with the MS/CV endorsement will be 
effective at the start of the next calendar year following the final 
decision.
    (h) Permit sanctions. (1) All permits and licenses issued or applied 
for under Subparts C through G are subject to sanctions pursuant to the 
Magnuson-Stevens Act at 16 U.S.C. 1858(g) and 15 CFR part 904, subpart 
D.
    (2) All Shorebased IFQ Program permits (QS permit, first receiver 
site license), QS accounts, vessel accounts, and MS Coop Program permits 
(MS permit, MS/CV-endorsed permit, and MS coop permit), and C/P Coop 
Program permits (C/P-endorsed permit, C/P coop permit) issued under 
subpart D:
    (i) Are considered permits for the purposes of 16 U.S.C. 1857, 1858, 
and 1859;
    (ii) May be revoked, limited, or modified at any time in accordance 
with the Magnuson-Stevens Act, including revocation if the system is 
found to have jeopardized the sustainability of the stocks or the safety 
of fishermen;
    (iii) Shall not confer any right of compensation to the holder of 
such permits, licenses, and accounts if it is revoked, limited, or 
modified;
    (iv) Shall not create, or be construed to create, any right, title, 
or interest in or to any fish before the fish is harvested by the 
holder; and
    (v) Shall be considered a grant of permission to the holder of the 
permit, license, or account to engage in activities permitted by such 
permit, license, or account.



Sec. 660.26  Pacific whiting vessel licenses.

    (a) General. After May 11, 2009, participation in the Pacific 
whiting seasons described in Sec. 660.131(b), subpart D requires:
    (1) An owner of any vessel that catches Pacific whiting must own a 
limited entry permit, registered for use with that vessel, with a trawl 
gear endorsement; and, a Pacific whiting vessel license registered for 
use with that vessel and appropriate to the sector or sectors in which 
the vessel intends to fish;
    (2) An owner of any mothership vessel that processes Pacific whiting 
to hold a Pacific whiting vessel license registered for use with that 
vessel and appropriate to the sector or sectors in which the vessel 
intends to fish.
    (b) In combination with a limited entry permit. Pacific whiting 
vessel licenses

[[Page 41]]

are separate from limited entry permits and do not license a vessel to 
harvest Pacific whiting in the primary Pacific whiting season unless 
that vessel is also registered for use with a limited entry permit with 
a trawl gear endorsement.
    (c) Pacific whiting vessel license qualifying criteria--(1) 
Qualifying catch and/or processing history. Vessel catch and/or 
processing history will be used to determine whether that vessel meets 
the qualifying criteria for a Pacific whiting vessel license and to 
determine the sectors for which that vessel may qualify. Vessel catch 
and/or processing history includes only the catch and/or processed 
product of that particular vessel, as identified in association with the 
vessel's USCG number. Only Pacific whiting regulated 50 CFR part 660, 
subparts C and D that was taken with midwater (or pelagic) trawl gear 
will be considered for the Pacific whiting vessel license. Pacific 
whiting harvested or processed by a vessel that has since been totally 
lost, scrapped, or is rebuilt such that a new U.S.C.G. documentation 
number would be required will not be considered for this license. 
Pacific whiting harvested or processed illegally or landed illegally 
will not be considered for this license. Catch and/or processing history 
associated with a vessel whose permit was purchased by the Federal 
Government through the Pacific Coast groundfish fishing capacity 
reduction program, as identified at 68 FR 62435 (November 4, 2003), does 
not qualify a vessel for a Pacific whiting vessel license and no vessel 
owner may apply for or receive a Pacific whiting vessel license based on 
catch and/or processing history from one of those buyback vessels. The 
following sector-specific license qualification criteria apply:
    (i) For catcher/processor vessels, the qualifying criteria for a 
Pacific whiting vessel license is evidence of having caught and 
processed any amount of Pacific whiting during a primary catcher/
processor season during the period January 1, 1997 through January 1, 
2007.
    (ii) For mothership at-sea processing vessels, the qualifying 
criteria for a Pacific whiting vessel license is documentation of having 
received and processed any amount of Pacific whiting during a primary 
mothership season during the period January 1, 1997 through January 1, 
2007.
    (iii) For catcher vessels delivering Pacific whiting to at-sea 
mothership processing vessels, the qualifying criteria for a Pacific 
whiting vessel license is documentation of having delivered any amount 
of Pacific whiting to a mothership processor during a primary mothership 
season during the period January 1, 1997, through January 1, 2007.
    (iv) For catcher vessels delivering Pacific whiting to Pacific 
whiting shoreside first receivers, the qualifying criteria for a Pacific 
whiting vessel license is documentation of having made at least one 
landing of Pacific whiting taken with midwater trawl gear during a 
primary shorebased season during the period January 1, 1994, through 
January 1, 2007, and where the weight of Pacific whiting exceeded 50 
percent of the total weight of the landing.
    (2) Documentation and burden of proof. A vessel owner applying for a 
Pacific whiting vessel license has the burden to submit documentation 
that qualification requirements are met. An application that does not 
include documentation of meeting the qualification requirements during 
the qualifying years will be considered incomplete and will not be 
reviewed. The following standards apply:
    (i) A certified copy of the current vessel document (USCG or State) 
is the best documentation of vessel ownership and LOA.
    (ii) A certified copy of a State fish receiving ticket is the best 
documentation of a landing at a Pacific whiting shoreside first 
receiver, and of the type of gear used.
    (iii) For participants in the at-sea Pacific whiting fisheries, 
documentation of participation could include, but is not limited to: A 
final observer report documenting a particular catcher vessel, 
mothership, or catcher/processor's participation in the Pacific whiting 
fishery in an applicable year and during the applicable primary season, 
a bill of lading for Pacific whiting from an applicable year and during 
the applicable primary season, a catcher vessel receipt from a 
particular

[[Page 42]]

mothership known to have fished in the Pacific whiting fishery during an 
applicable year, a signed copy of a Daily Receipt of Fish and Cumulative 
Production Logbook (mothership sector) or Daily Fishing and Cumulative 
Production Logbook (catcher/processor sector) from an applicable year 
during the applicable primary season.
    (iv) Such other relevant, credible documentation as the applicant 
may submit, or the SFD or the Regional Administrator request or acquire, 
may also be considered.
    (d) Issuance process for Pacific whiting vessel licenses. (1) SFD 
will mail, to the most recent address provided to the SFD, Permits 
Office, a Pacific whiting vessel license application to all current and 
prior owners of vessels that have been registered for use with limited 
entry permits with trawl endorsements, excluding owners of those vessels 
whose permits were purchased through the Pacific Coast groundfish 
fishing capacity reduction program. NMFS will also make license 
applications available online at: http://www.nwr.noaa.gov/Groundfish-
Halibut/Groundfish-Permits/index.cfm. A vessel owner who believes that 
his/her vessel may qualify for the Pacific whiting vessel license will 
have until May 11, 2009, to submit an application with documentation 
showing how his/her vessel has met the qualifying criteria described in 
this section. NMFS will not accept applications for Pacific whiting 
vessel licenses received after May 11, 2009.
    (2) After receipt of a complete application, NMFS will notify 
applicants by letter of its determination whether their vessels qualify 
for Pacific whiting vessel licenses and the sector or sectors to which 
the licenses apply. Vessels that have met the qualification criteria 
will be issued the appropriate licenses at that time. After May 11, 
2009, NMFS will publish a list of vessels that qualified for Pacific 
whiting vessel licenses in the Federal Register.
    (3) If a vessel owner files an appeal from the determination under 
paragraph (d)(2) of this section, the appeal must be filed with the 
Regional Administrator within 30 calendar days of the issuance of the 
letter of determination. The appeal must be in writing and must allege 
facts or circumstances, and include credible documentation demonstrating 
why the vessel qualifies for a Pacific whiting vessel license. The 
appeal of a denial of an application for a Pacific whiting vessel 
license will not be referred to the Council for a recommendation, nor 
will any appeals be accepted by NMFS after June 15, 2009.
    (4) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar days of 
receipt of the appeal. The Regional Administrator's decision is the 
final decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce as of the date of the decision.
    (e) Notification to NMFS of changes to Pacific whiting vessel 
license information. The owner of a vessel registered for use with a 
Pacific whiting vessel license must provide a written request to NMFS to 
change the name or names of vessel owners provided on the vessel 
license, or to change the licensed vessel's name. The request must 
detail the names of all new vessel owners as registered with U.S. Coast 
Guard, a business address for the vessel owner, business phone and fax 
number, tax identification number, date of birth, and/or date of 
incorporation for each individual and/or entity, and a copy of the 
vessel documentation (USCG 1270) to show proof of ownership. NMFS will 
reissue a new vessel license with the names of the new vessel owners 
and/or vessel name information. The Pacific Whiting vessel license is 
considered void if the name of the vessel or vessel owner is changed 
from that given on the license. In addition, the vessel owner must 
report to NMFS any change in address for the vessel owner within 15 days 
of that change. Although the name of an individual vessel registered for 
use with a Pacific whiting vessel license may be changed, the license 
itself may not be registered to any vessel other than the vessel to 
which it was originally issued, as identified by that vessel's United 
States Coast Guard documentation number.

[[Page 43]]



Sec. 660.30  Compensation with fish for collecting resource information--EFPs.

    In addition to the reasons stated in Sec. 600.745(b)(1) of this 
chapter, an EFP may be issued under this subpart C for the purpose of 
compensating the owner or operator of a vessel for collecting resource 
information according to a protocol approved by NMFS. NMFS may issue an 
EFP allowing a vessel to retain fish as compensation in excess of trip 
limits or to be exempt from other specified management measures for the 
Pacific coast groundfish fishery.
    (a) Compensation EFP for vessels under contract with NMFS to conduct 
a resource survey. NMFS may issue an EFP to the owner or operator of a 
vessel that conducted a resource survey according to a contract with 
NMFS. A vessel's total compensation from all sources (in terms of 
dollars or amount of fish, including fish from survey samples or 
compensation fish) will be determined through normal Federal procurement 
procedures. The compensation EFP will specify the maximum amount or 
value of fish the vessel may take and retain after the resource survey 
is completed.
    (1) Competitive offers. NMFS may initiate a competitive solicitation 
(request for proposals or RFP) to select vessels to conduct resource 
surveys that use fish as full or partial compensation, following normal 
Federal procurement procedures.
    (2) Consultation and approval. At a Council meeting, NMFS will 
consult with the Council and receive public comment on upcoming resource 
surveys to be conducted if groundfish could be used as whole or partial 
compensation. Generally, compensation fish would be similar to surveyed 
species, but there may be reasons to provide payment with healthier, 
more abundant, less restricted stocks, or more easily targeted species. 
For example, NMFS may decline to pay a vessel with species that are, or 
are expected to be, overfished, or that are subject to overfishing, or 
that are unavoidably caught with species that are overfished or subject 
to overfishing. NMFS may also consider levels of discards, bycatch, and 
other factors. If the Council does not approve providing whole or 
partial compensation for the conduct of a survey, NMFS will not use 
fish, other than fish taken during the scientific research, as 
compensation for that survey. For each proposal, NMFS will present:
    (i) The maximum number of vessels expected or needed to conduct the 
survey,
    (ii) An estimate of the species and amount of fish likely to be 
needed as compensation,
    (iii) When the survey and compensation fish would be taken, and
    (iv) The year in which the compensation fish would be deducted from 
the ABC before determining the optimum yield (harvest guideline or 
quota).
    (3) Issuance of the compensation EFP. Upon successful completion of 
the survey, NMFS will issue a ``compensation EFP'' to the vessel if it 
has not been fully compensated. The procedures in Sec. 600.745(b)(1) 
through (b)(4) of this chapter do not apply to a compensation EFP issued 
under this subpart for the Pacific coast groundfish fishery (50 CFR part 
660, subparts C through G).
    (4) Terms and conditions of the compensation EFP. Conditions for 
disposition of bycatch or any excess catch, for reporting the value of 
the amount landed, and other appropriate terms and conditions may be 
specified in the EFP. Compensation fishing must occur during the period 
specified in the EFP, but no later than the end of September of the 
fishing year following the survey, and must be conducted according to 
the terms and conditions of the EFP.
    (5) Reporting the compensation catch. The compensation EFP may 
require the vessel owner or operator to keep separate records of 
compensation fishing and to submit them to NMFS within a specified 
period of time after the compensation fishing is completed.
    (6) Accounting for the compensation catch. As part of the harvest 
specifications process, as described at Sec. 660.60, subpart C, NMFS 
will advise the Council of the amount of fish authorized to be retained 
under a compensation EFP, which then will be deducted from the next 
harvest specifications (ABCs) set by the Council. Fish authorized in an 
EFP too late in the year to be deducted from the following year's ABCs 
will be

[[Page 44]]

accounted for in the next management cycle where it is practicable to do 
so.
    (b) Compensation for commercial vessels collecting resource 
information under a standard EFP. NMFS may issue an EFP to allow a 
commercial fishing vessel to take and retain fish in excess of current 
management limits for the purpose of collecting resource information 
(Sec. 600.745(b) of this chapter). The EFP may include a compensation 
clause that allows the participating vessel to be compensated with fish 
for its efforts to collect resource information according to NMFS' 
approved protocol. If compensation with fish is requested in an EFP 
application, or proposed by NMFS, the following provisions apply in 
addition to those at Sec. 600.745(b) of this chapter.
    (1) Application. In addition to the requirements in Sec. 600.745(b) 
of this chapter, application for an EFP with a compensation clause must 
clearly state whether a vessel's participation is contingent upon 
compensation with groundfish and, if so, the minimum amount (in metric 
tons, round weight) and the species. As with other EFPs issued under 
Sec. 600.745 of this chapter, the application may be submitted by any 
individual, including a state fishery management agency or other 
research institution.
    (2) Denial. In addition to the reasons stated in Sec. 
600.745(b)(3)(iii) of this chapter, the application will be denied if 
the requested compensation fishery, species, or amount is unacceptable 
for reasons such as, but not limited to, the following: NMFS concludes 
the value of the resource information is not commensurate with the value 
of the compensation fish; the proposed compensation involves species 
that are (or are expected to be) overfished or subject to overfishing, 
fishing in times or areas where fishing is otherwise prohibited or 
severely restricted, or fishing for species that would involve 
unavoidable bycatch of species that are overfished or subject to 
overfishing; or NMFS concludes the information can reasonably be 
obtained at a less cost to the resource.
    (3) Window period for other applications. If the Regional 
Administrator or designee agrees that compensation should be considered, 
and that more than a minor amount would be used as compensation, then a 
window period will be announced in the Federal Register during which 
additional participants will have an opportunity to apply. This 
notification would be made at the same time as announcement of receipt 
of the application and request for comments required under Sec. 
600.745(b). If there are more qualified applicants than needed for a 
particular time and area, NMFS will choose among the qualified vessels, 
either randomly, in order of receipt of the completed application, or by 
other impartial selection methods. If the permit applicant is a state, 
university, or Federal entity other than NMFS, and NMFS approves the 
selection method, the permit applicant may choose among the qualified 
vessels, either randomly, in order of receipt of the vessel application, 
or by other impartial selection methods.
    (4) Terms and conditions. The EFP will specify the amounts that may 
be taken as scientific samples and as compensation, the time period 
during which the compensation fishing must occur, management measures 
that NMFS will waive for a vessel fishing under the EFP, and other terms 
and conditions appropriate to the fishery and the collection of resource 
information. NMFS may require compensation fishing to occur on the same 
trip that the resource information is collected.
    (5) Accounting for the catch. Samples taken under this EFP, as well 
as any compensation fish, count toward the current year's catch or 
landings.



Sec. 660.40  Overfished species rebuilding plans.

    For each overfished groundfish stock with an approved rebuilding 
plan, this section contains the standards to be used to establish annual 
or biennial OYs, specifically the target date for rebuilding the stock 
to its MSY level and the harvest control rule to be used to rebuild the 
stock. The harvest control rule is expressed as a ``Spawning Potential 
Ratio'' or ``SPR'' harvest rate.
    (a) Bocaccio. The target year for rebuilding the southern bocaccio 
stock to BMSY is 2026. The harvest control rule

[[Page 45]]

to be used to rebuild the southern bocaccio stock is an annual SPR 
harvest rate of 77.7 percent.
    (b) Canary rockfish. The target year for rebuilding the canary 
rockfish stock to BMSY is 2021. The harvest control rule to 
be used to rebuild the canary rockfish stock is an annual SPR harvest 
rate of 88.7 percent.
    (c) Cowcod. The target year for rebuilding the cowcod stock south of 
Point Conception to BMSY is 2072. The harvest control rule to 
be used to rebuild the cowcod stock is an annual SPR harvest rate of 
82.1 percent.
    (d) Darkblotched rockfish. The target year for rebuilding the 
darkblotched rockfish stock to BMSY is 2028. The harvest 
control rule to be used to rebuild the darkblotched rockfish stock is an 
annual SPR harvest rate of 62.1 percent.
    (e) Pacific Ocean Perch (POP). The target year for rebuilding the 
POP stock to BMSY is 2017. The harvest control rule to be 
used to rebuild the POP stock is an annual SPR harvest rate of 86.4 
percent.
    (f) Widow rockfish. The target year for rebuilding the widow 
rockfish stock to BMSY is 2015. The harvest control rule to 
be used to rebuild the widow rockfish stock is an annual SPR harvest 
rate of 95.0 percent.
    (g) Yelloweye rockfish. The target year for rebuilding the yelloweye 
rockfish stock to BMSY is 2084. The harvest control rule to 
be used to rebuild the yelloweye rockfish stock is an annual SPR harvest 
rate of 66.3 percent in 2009 and in 2010. Yelloweye rockfish is subject 
to a ramp-down strategy where the harvest level has been reduced 
annually from 2007 through 2009. Yelloweye rockfish will remain at the 
2009 level in 2010. Beginning in 2011, yelloweye rockfish will be 
subject to a constant harvest rate strategy with a constant SPR harvest 
rate of 71.9 percent.



Sec. 660.50  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights. Pacific 
Coast treaty Indian tribes have treaty rights to harvest groundfish in 
their usual and accustomed fishing areas in U.S. waters. In 1994, the 
United States formally recognized that the four Washington coastal 
treaty Indian tribes (Makah, Quileute, Hoh, and Quinault) have treaty 
rights to fish for groundfish in the Pacific Ocean, and concluded that, 
in general terms, the quantification of those rights is 50 percent of 
the harvestable surplus of groundfish that pass through the tribes U&A 
fishing areas.
    (b) Pacific Coast treaty Indian tribes. For the purposes of this 
part, Pacific Coast treaty Indian tribes means the Hoh, Makah, and 
Quileute Indian Tribes and the Quinault Indian Nation.
    (c) Usual and accustomed fishing areas (U&A). The Pacific Coast 
treaty Indian tribes' U&A fishing areas within the fishery management 
area (FMA) are set out below in paragraphs (c)(1) through (c)(4) of this 
section. Boundaries of a tribe's fishing area may be revised as ordered 
by a Federal court.
    (1) Makah. That portion of the FMA north of 48[deg]02.25[min] N. 
lat. (Norwegian Memorial) and east of 125[deg]44[min] W. long.
    (2) Quileute. That portion of the FMA between 48[deg]07.60[min] N. 
lat. (Sand Point) and 47[deg]31.70[min] N. lat. (Queets River) and east 
of 125[deg]44[min] W. long.
    (3) Hoh. That portion of the FMA between 47[deg]54.30[min] N. lat. 
(Quillayute River) and 47[deg]21[min] N. lat. (Quinault River) and east 
of 125[deg]44[min] W. long.
    (4) Quinault. That portion of the FMA between 47[deg]40.10[min] N. 
lat. (Destruction Island) and 46[deg]53.30[min] N. lat. (Point Chehalis) 
and east of 125[deg]44[min] W. long.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary, after consideration of the 
tribal request, the recommendation of the Council, and the comments of 
the public. The rights will be implemented either through an allocation 
or set-aside of fish that will be managed by the tribes, or through 
regulations in this section that will apply specifically to the tribal 
fisheries.
    (1) Tribal allocations, set-asides, and regulations. An allocation, 
set-aside or a regulation specific to the tribes shall be initiated by a 
written request from a Pacific Coast treaty Indian tribe to the Regional 
Administrator, prior to the first Council meeting in which biennial 
harvest specifications and management measures are discussed for an 
upcoming biennial management period.

[[Page 46]]

The Secretary generally will announce the annual tribal allocations at 
the same time as the announcement of the harvest specifications.
    (2) Co-management. The Secretary recognizes the sovereign status and 
co-manager role of Indian tribes over shared Federal and tribal fishery 
resources. Accordingly, the Secretary will develop tribal allocations 
and regulations under this paragraph in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus.
    (e) Fishing by a member of a Pacific Coast treaty Indian tribe. A 
member of a Pacific Coast treaty Indian tribe fishing under this section 
and within their U&A fishing area is not subject to the provisions of 
other sections of subparts C through G of this part.
    (1) Identification. A valid treaty Indian identification card issued 
pursuant to 25 CFR part 249, subpart A, is prima facie evidence that the 
holder is a member of the Pacific Coast treaty Indian tribe named on the 
card.
    (2) Permits. A limited entry permit described under Sec. 660.25, 
subpart C is not required for a member of a Pacific Coast treaty Indian 
tribe to fish in a tribal fishery described in paragraph (d) of this 
section.
    (3) Federal and tribal laws and regulations. Any member of a Pacific 
Coast treaty Indian tribe must comply with this section, and with any 
applicable tribal law and regulation, when participating in a tribal 
groundfish fishery described in this section.
    (4) Fishing outside the U&A or without a groundfish allocation. 
Fishing by a member of a Pacific Coast treaty Indian tribe outside the 
applicable Indian tribe's usual and accustomed fishing area, or for a 
species of groundfish not covered by an allocation, set-aside, or 
regulation under this section, is subject to the regulations in the 
other sections of subpart C through subpart G of this part. Treaty 
fisheries operating within tribal allocations are prohibited from 
operating outside U&A fishing areas.
    (f) Pacific Coast treaty Indian fisheries allocations and harvest 
guidelines. The tribal harvest guideline for black rockfish is provided 
in paragraph (f)(1) of this section. Tribal fishery allocations for 
sablefish are provided in paragraph (f)(2) of this section, and Pacific 
whiting are provided in paragraph (f)(4) of this section. Trip limits 
for certain species were recommended by the tribes and the Council and 
are specified here with the tribal allocations.
    (1) Black rockfish. (i) Harvest guidelines for commercial harvests 
of black rockfish by members of the Pacific Coast Indian tribes using 
hook and line gear will be established biennially for two subsequent 
one-year periods for the areas between the U.S.-Canadian border and Cape 
Alava (48[deg]09.50[min] N. lat.) and between Destruction Island 
(47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] N. 
lat.), in accordance with the procedures for implementing harvest 
specifications and management measures. Pacific Coast treaty Indians 
fishing for black rockfish in these areas under these harvest guidelines 
are subject to the provisions in this section, and not to the 
restrictions in other sections of subparts C through G of this part.
    (ii) For the commercial harvest of black rockfish off Washington 
State, a treaty Indian tribes' harvest guideline is set at 30,000 lb 
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50[min] N. 
lat) and 10,000 lb (4,536 kg) for the area between Destruction Island, 
WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA (46[deg]38.17[min] 
N. lat.). This harvest guideline applies and is available to the Pacific 
Coast treaty Indian tribes. There are no tribal harvest restrictions for 
black rockfish in the area between Cape Alava and Destruction Island.
    (2) Sablefish. (i) The sablefish allocation to Pacific coast treaty 
Indian tribes is 10 percent of the sablefish total catch OY for the area 
north of 36[deg] N. lat. This allocation represents the total amount 
available to the treaty Indian fisheries before deductions for discard 
mortality.
    (ii) The tribal allocation is 694 mt per year. This allocation is, 
for each year, 10 percent of the Monterey through Vancouver area (North 
of 36[deg] N. lat.) OY, less 1.6 percent estimated discard mortality.
    (3) Lingcod. Lingcod taken in the treaty fisheries are subject to an 
overall expected total lingcod catch of 250 mt.

[[Page 47]]

    (4) Pacific whiting. The tribal allocation for 2010 is 49,939 mt.
    (5) Pacific cod. There is a tribal harvest guideline of 400 mt of 
Pacific cod. The tribes will manage their fisheries to stay within this 
harvest guideline.
    (g) Washington coastal tribal fisheries management measures--(1) 
Rockfish. The tribes will require full retention of all overfished 
rockfish species and all other marketable rockfish species during treaty 
fisheries.
    (2) Thornyheads. The tribes will manage their fisheries to the 
limited entry trip limits in place at the beginning on the year for both 
shortspine and longspine thornyheads as follows:
    (i) Trawl gear. (A) Shortspine thornyhead cumulative trip limits are 
as follows:
    (1) Small and large footrope trawl gear--17,000-lb (7,711-kg) per 2 
months.
    (2) Selective flatfish trawl gear--3,000-lb (1,361-kg) per 2 months.
    (3) Multiple bottom trawl gear--3,000-lb (1,361-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are as follows:
    (1) Small and large footrope trawl gear--22,000-lb (9,979-kg) per 2 
months.
    (2) Selective flatfish trawl gear--5,000-lb (2,268-kg) per 2 months.
    (3) Multiple bottom trawl gear--5,000-lb (2,268-kg) per 2 months.
    (ii) Fixed gear. (A) Shortspine thornyhead cumulative trip limits 
are 2,000-lb (907-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are 10,000-lb 
(4,536-kg) per 2 months.
    (3) Canary rockfish--are subject to a 300-lb (136-kg) trip limit.
    (4) Yelloweye rockfish--are subject to a 100-lb (45-kg) trip limit.
    (5) Yellowtail and widow rockfish. The Makah Tribe will manage the 
midwater trawl fisheries as follows: Yellowtail rockfish taken in the 
directed tribal mid-water trawl fisheries are subject to a cumulative 
limit of 180,000-lb (81,647 kg) per 2 month period for the entire fleet. 
Landings of widow rockfish must not exceed 10 percent of the weight of 
yellowtail rockfish landed, for a given vessel, throughout the year. 
These limits may be adjusted by the tribe inseason to minimize the 
incidental catch of canary rockfish and widow rockfish, provided the 
average 2-month cumulative yellowtail rockfish limit does not exceed 
180,000-lb (81,647 kg) for the fleet.
    (6) Other rockfish. Other rockfish, including minor nearshore, minor 
shelf, and minor slope rockfish groups are subject to a 300-lb (136-kg) 
trip limit per species or species group, or to the non-tribal limited 
entry trip limit for those species if those limits are less restrictive 
than 300-lb (136 kg) per trip.
    (7) Flatfish and other fish. Treaty fishing vessels using bottom 
trawl gear are subject to the limits applicable to the non-tribal 
limited entry trawl fishery for Dover sole, English sole, rex sole, 
arrowtooth flounder, and other flatfish in place at the beginning of the 
season. For Dover sole and arrowtooth flounder, the limited entry trip 
limits in place at the beginning of the season will be combined across 
periods and the fleet to create a cumulative harvest target. The limits 
available to individual vessels will then be adjusted inseason to stay 
within the overall harvest target as well as estimated impacts to 
overfished species. For petrale sole, treaty fishing vessels are 
restricted to a 50,000-lb (22,680 kg) per 2 month limit for the entire 
year. Trawl vessels are restricted to using small footrope trawl gear.
    (8) Pacific whiting. Tribal whiting processed at-sea by non-tribal 
vessels, must be transferred within the tribal U&A from a member of a 
Pacific Coast treaty Indian tribe fishing under this section.
    (9) Spiny dogfish. The tribes will manage their spiny dogfish 
fishery within the limited entry trip limits for the non-tribal 
fisheries.
    (10) Groundfish without a tribal allocation. Makah tribal members 
may use midwater trawl gear to take and retain groundfish for which 
there is no tribal allocation and will be subject to the trip landing 
and frequency and size limits applicable to the limited entry fishery.
    (11) EFH. Measures implemented to minimize adverse impacts to 
groundfish EFH, as described in Sec. 660.12 of this subpart, do not 
apply to tribal fisheries in their U&A fishing areas.

[[Page 48]]



Sec. 660.55  Allocations.

    (a) General. An allocation is the apportionment of a harvest 
privilege for a specific purpose, to a particular person, group of 
persons, or fishery sector. The opportunity to harvest Pacific Coast 
groundfish is allocated among participants in the fishery when the OYs 
for a given year are established in the biennial harvest specifications. 
For any stock that has been declared overfished, any formal allocation 
may be temporarily revised for the duration of the rebuilding period. 
For certain species, primarily trawl-dominant species, beginning with 
the 2011-2012 biennial specifications process, separate allocations for 
the trawl fishery and nontrawl fishery (which for this purpose includes 
limited entry fixed gear, open access, and recreational fisheries) will 
be established biennially or annually using the standards and procedures 
described in Chapter 6 of the PCGFMP. Chapter 6 of the PCGFMP provides 
the allocation structure and percentages for species allocated between 
the trawl and nontrawl fisheries. Also, separate allocations for the 
limited entry and open access fisheries may be established using the 
procedures described in Chapters 6 and 11 of the PCGFMP and this 
subpart. Allocation of sablefish north of 36[deg] N. lat. is described 
in paragraph (h) of this section and in the PCGFMP. Allocation of 
Pacific whiting is described in paragraph (i) of this section and in the 
PCGFMP. Allocation of black rockfish is described in paragraph (l) of 
this section. Allocation of Pacific halibut bycatch is described in 
paragraph (m) of this section. Allocations not specified in the PCGFMP 
are established in regulation through the biennial harvest 
specifications and are listed in Tables 1 a through d and Tables 2 a 
through d of this subpart.
    (b) Fishery harvest guidelines and reductions made prior to fishery 
allocations. Beginning with the 2011-2012 biennial specifications 
process and prior to the setting of fishery allocations, the OY is 
reduced by the Pacific Coast treaty Indian tribal harvest (allocations, 
set-asides, and estimated harvest under regulations at Sec. 660.50); 
projected scientific research catch of all groundfish species, estimates 
of fishing mortality in non-groundfish fisheries and, as necessary, set-
asides for EFPs. The remaining amount after these deductions is the 
fishery harvest guideline or quota. (Note: recreational estimates are 
not deducted here).
    (1) Pacific Coast treaty Indian tribal allocations, set-asides, and 
regulations are specified during the biennial harvest specifications 
process and are found at Sec. 660.50 and in Tables 1a and 2a of this 
subpart.
    (2) Scientific research catch results from scientific research 
activity as defined in regulations at Sec. 600.10.
    (3) Estimates of fishing mortality in non-groundfish fisheries are 
based on historical catch and projected fishing activities.
    (4) EFPs are authorized and governed by Sec. 660.60(f).
    (c) Trawl/nontrawl allocations. (1) Beginning with the 2011-2012 
biennial specifications process, the fishery harvest guideline or quota, 
may be divided into allocations for groundfish trawl and nontrawl 
(limited entry fixed gear, open access, and recreational) fisheries. IFQ 
species not listed in the table below will be allocated between the 
trawl and nontrawl fisheries through the biennial harvest specifications 
process. Species/species groups and areas allocated between the trawl 
and nontrawl fisheries listed in Chapter 6, Table 6-1 of the PCGFMP are 
allocated based on the percentages that follow:

  Allocation Percentages for Limited Entry Trawl and Non-Trawl Sectors
         Specified for FMP Groundfish Stocks and Stock Complexes
------------------------------------------------------------------------
                                   All non-treaty LE  All non-treaty non-
        Stock or complex           trawl sectors  %    trawl sectors  %
------------------------------------------------------------------------
Lingcod.........................  45................  55
Pacific Cod.....................  95................  5
Sablefish S. of 36[deg] N. lat..  42................  58
PACIFIC OCEAN PERCH.............  95................  5
WIDOW...........................  91................  9

[[Page 49]]

 
Chilipepper S. of 40[deg]10[min]  75................  25
 N. lat..
Splitnose S. of 40[deg]10[min]    95................  5
 N. lat..
Yellowtail N. of 40[deg]10[min]   88................  12
 N. lat..
Shortspine N. of 34[deg]27[min]   95................  5
 N. lat..
Shortspine S. of 34[deg]27[min]   50 mt.............  Remaining Yield
 N. lat..
Longspine N. of 34[deg]27[min]    95................  5
 N. lat..
DARKBLOTCHED....................  95................  5
Minor Slope RF North of           81................  18
 40[deg]10[min] N. lat..
Minor Slope RF South of           63................  37
 40[deg]10[min] N. lat..
Dover Sole......................  95................  5
English Sole....................  95................  5
Petrale Sole....................  95................  5
Arrowtooth Flounder.............  95................  5
Starry Flounder.................  50................  50
Other Flatfish..................  90................  10
------------------------------------------------------------------------

    (i) Trawl fishery allocation. The allocation for the limited entry 
trawl fishery is derived by applying the trawl allocation percentage by 
species/species group and area as specified in paragraph (c) of this 
section and as specified during the biennial harvest specifications 
process to the fishery harvest guideline for that species/species group 
and area. For IFQ species other than darkblotched rockfish, Pacific 
Ocean Perch, and widow rockfish, the trawl allocation will be further 
subdivided among the trawl sectors (MS, C/P, and IFQ) as specified in 
Sec. Sec. 660.140, 660.150, and 660.160 of subpart D. For darkblotched 
rockfish, Pacific Ocean Perch, and widow rockfish, the trawl allocation 
is further subdivided among the trawl sectors (MS, C/P, and IFQ) as 
follows:
    (A) Darkblotched rockfish. Allocate 9 percent or 25 mt, whichever is 
greater, of the total trawl allocation of darkblotched rockfish to the 
whiting fisheries (MS, C/P, and IFQ combined). The distribution of the 
whiting trawl allocation of darkblotched to each sector (MS, C/P, and 
IFQ) will be done pro rata relative to the sectors' whiting allocation. 
After deducting allocations for the whiting fisheries, allocate the 
remainder of the trawl allocation to the nonwhiting fishery.
    (B) Pacific Ocean Perch (POP). Allocate 17 percent or 30 mt, 
whichever is greater, of the total trawl allocation of Pacific ocean 
perch to the whiting fisheries (MS, C/P, and IFQ combined). The 
distribution of the whiting trawl allocation of POP to each sector (MS, 
C/P, and IFQ) will be done pro rata relative to the sectors' whiting 
allocation. After deducting allocations for the whiting fisheries, 
allocate the remainder of the trawl allocation to the nonwhiting 
fishery.
    (C) Widow rockfish. Allocate 52 percent of the total trawl 
allocation of widow rockfish to the whiting sectors if the stock is 
under rebuilding or 10 percent of the total trawl allocation or 500 mt 
of the trawl allocation to the whiting sectors, whichever is greater, if 
the stock is rebuilt. The latter allocation scheme automatically kicks 
in when widow rockfish is declared rebuilt. The distribution of the 
whiting trawl allocation of widow to each sector (MS, C/P, and IFQ) will 
be done pro rata relative to the sectors' whiting allocation. After 
deducting allocations for the whiting fisheries, allocate the remainder 
of the trawl allocation to the nonwhiting fishery.
    (ii) Nontrawl fishery allocation. The allocation for the nontrawl 
fishery is the fishery harvest guideline minus the allocation of the 
species/species group and area to the trawl fishery. These amounts will 
equal the nontrawl allocation percentage or amount by species for 
species listed in paragraph (c) of this section and the nontrawl 
allocation percentage from the biennial harvest specifications for other 
IFQ species. The nontrawl allocation will be shared between the limited 
entry fixed gear, open access, and recreational

[[Page 50]]

fisheries as specified through the biennial harvest specifications 
process and consistent with allocations in the PCGFMP.
    (2) [Reserved]
    (d) Commercial harvest guidelines. Beginning with the 2011-2012 
biennial specifications process, to derive the commercial harvest 
guideline, the fishery harvest guideline is further reduced by the 
recreational set-asides. The commercial harvest guideline is then 
allocated between the limited entry fishery (both trawl and fixed gear) 
and the directed open access fishery, as appropriate.
    (e) Limited entry (LE)/open access (OA) allocations--(1) LE/OA 
allocation percentages. The allocations between the limited entry and 
open access fisheries are based on standards from the PCGFMP.
    (2) Species with LE/OA allocations. For species with LE/OA 
allocations, the allocation between the limited entry (both trawl and 
fixed gear) and the open access fisheries is determined by applying the 
percentage for those species with a LE/OA allocation to the commercial 
harvest guideline plus the amount set-aside for the non-groundfish 
fisheries.
    (i) Limited entry allocation. The allocation for the limited entry 
fishery is the commercial harvest guideline minus any allocation to the 
directed open access fishery.
    (ii) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual commercial harvest guideline or quota plus the non-groundfish 
fishery (i.e., incidental open access fishery) amount described in 
paragraph (b) of this section. The result is the total open access 
allocation. The portion that is set-aside for the non-groundfish 
fisheries is deducted and the remainder is the directed open access 
portion. For management areas or stocks for which quotas or harvest 
guidelines for a stock are not fully utilized, no separate allocation 
will be established for the open access fishery until it is projected 
that the allowable catch for a species will be reached.
    (A) Open access allocation percentage. For each species with a 
harvest guideline or quota, the initial open access allocation 
percentage is calculated by:
    (1) Computing the total catch for that species during the window 
period (July 11, 1984 through August 1, 1988) for the limited entry 
program by any vessel that did not initially receive a limited entry 
permit.
    (2) Dividing that amount by the total catch during the window period 
by all gear.
    (3) The guidelines in this paragraph apply to recalculation of the 
open access allocation percentage. Any recalculated allocation 
percentage will be used in calculating the following biennial fishing 
period's open access allocation.
    (B) [Reserved]
    (f) Catch accounting. Catch accounting refers to how the catch in a 
fishery is monitored against the allocations described in this section. 
For species with trawl/nontrawl allocations, catch of those species are 
counted against the trawl/nontrawl allocations as explained in paragraph 
(f)(1) of this section. For species with limited entry/open access 
allocations in a given biennial cycle, catch of those species are 
counted against the limited entry/open access allocations as explained 
in paragraph (f)(2) of this section.
    (1) Between the trawl and nontrawl fisheries--(i) Catch accounting 
for the trawl allocation. Any groundfish caught by a vessel registered 
to a limited entry trawl-endorsed permit will be counted against the 
trawl allocation while they are declared in to a groundfish limited 
entry trawl fishery and while the applicable trawl fishery listed in 
subpart D of this part for that vessel's limited entry permit is open.
    (ii) Catch accounting for the nontrawl allocation. All groundfish 
caught by a vessel not registered to a limited entry permit and not 
fishing in the non-groundfish fishery will be counted against the 
nontrawl allocation. All groundfish caught by a vessel registered to a 
limited entry permit when the fishery for a vessel's limited entry 
permit has closed or they are not declared in to a limited entry 
fishery, will be counted against the nontrawl allocation, unless they 
are declared in to a non-groundfish fishery. Catch by vessels fishing in 
the non-groundfish

[[Page 51]]

fishery, as defined at Sec. 660.11, will be accounted for in the 
estimated mortality in the non-groundfish fishery that is deducted from 
the OY.
    (2) Between the limited entry and open access fisheries. Any 
groundfish caught by a vessel with a limited entry permit will be 
counted against the limited entry allocation while the limited entry 
fishery for that vessel's limited entry gear is open. When the fishery 
for a vessel's limited entry gear has closed, groundfish caught by that 
vessel with open access gear will be counted against the open access 
allocation. All groundfish caught by vessels without limited entry 
permits will be counted against the open access allocation.
    (g) Recreational fisheries. Recreational fishing for groundfish is 
outside the scope of, and not affected by, the regulations governing 
limited entry and open access fisheries. Certain amounts of groundfish 
will be set aside for the recreational fishery during the biennial 
specifications process. These amounts will be estimated prior to 
dividing the commercial harvest guideline between the limited entry and 
open access fisheries.
    (h) Sablefish Allocations (north of 36[deg] N. lat.). The 
allocations of sablefish north of 36[deg] N. lat. described in paragraph 
(h) of this section are specified in Chapter 6 of the PCGFMP.
    (1) Tribal/nontribal allocation. The sablefish allocation to Pacific 
coast treaty Indian tribes is identified at Sec. 660.50(f)(2), subpart 
C. The remainder is available to the nontribal fishery (limited entry, 
open access (directed and incidental), and research).
    (2) Between the limited entry and open access fisheries. The 
allocation of sablefish after tribal deductions is further reduced by 
the estimated total mortality of sablefish in research and incidental 
catch in non-groundfish fisheries (incidental open access); the 
remaining yield (nontribal share) is divided between open access and 
limited entry fisheries. The limited entry fishery allocation is 90.6 
percent and the open access allocation is 9.4 percent.
    (3) Between the limited entry trawl and limited entry fixed gear 
fisheries. The limited entry sablefish allocation is further allocated 
58 percent to the trawl fishery and 42 percent to the limited entry 
fixed gear (longline and pot/trap) fishery.
    (4) Between the limited entry fixed gear primary season and daily 
trip limit fisheries. Within the limited entry fixed gear fishery 
allocation, 85 percent is reserved for the primary season described in 
Sec. 660.231, subpart E, leaving 15 percent for the limited entry daily 
trip limit fishery described in Sec. 660.232, subpart E.
    (5) Ratios between tiers for sablefish-endorsed limited entry 
permits. The Regional Administrator will biennially or annually 
calculate the size of the cumulative trip limit for each of the three 
tiers associated with the sablefish endorsement such that the ratio of 
limits between the tiers is approximately 1:1.75:3.85 for Tier 3:Tier 
2:Tier 1, respectively. The size of the cumulative trip limits will vary 
depending on the amount of sablefish available for the primary fishery 
and on estimated discard mortality rates within the fishery. The size of 
the cumulative trip limits for the three tiers in the primary fishery 
will be announced in Sec. 660.231(b)(3), subpart E.
    (i) Pacific whiting allocation. The allocation structure and 
percentages for Pacific whiting are described in the PCGFMP.
    (1) Annual treaty tribal Pacific whiting allocations are provided in 
Sec. 660.50, subpart C.
    (2) The commercial harvest guideline for Pacific whiting is 
allocated among three sectors, as follows: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the Shorebased IFQ Program. No more than 5 percent of the shorebased 
allocation may be taken and retained south of 42[deg] N. lat. before the 
start of the primary Pacific whiting season north of 42[deg] N. lat. 
Specific sector allocations for a given calendar year are found in 
Tables 1a and 2a of this subpart. Set asides for other species for the 
at-sea whiting fishery for a given calendar year are found in Tables 1d 
and 2d of this subpart.
    (j) Fishery set-asides. Annual set-asides are not formal allocations 
but they are amounts which are not available to the other fisheries 
during the fishing year. For the catcher/processor

[[Page 52]]

and mothership sectors of the at-sea Pacific whiting fishery, set-asides 
will be deducted from the limited entry trawl fishery allocation. Set-
aside amounts will be specified in Tables 1a through 2d of this subpart 
and may be adjusted through the biennial harvest specifications and 
management measures process.
    (k) Exempted fishing permit set-asides. Annual set-asides for EFPs 
described at Sec. 660.60(f), will be deducted from the OY. Set-aside 
amounts will be adjusted through the biennial harvest specifications and 
management measures process.
    (l) Black rockfish harvest guideline. The commercial tribal harvest 
guideline for black rockfish off Washington State is specified at Sec. 
660.50(f)(1), subpart C.
    (m) Pacific halibut bycatch allocation. The Pacific halibut fishery 
off Washington, Oregon and California (Area 2A in the halibut 
regulations) is managed under regulations at 50 CFR part 300, subpart E. 
Beginning with the 2011-2012 biennial specifications process, the PCGFMP 
sets a trawl mortality bycatch limit for legal and sublegal halibut at 
15 percent of the Area 2A constant exploitation yield (CEY) for legal 
size halibut, not to exceed 130,000 pounds for the first four years of 
trawl rationalization and not to exceed 100,000 pounds starting in the 
fifth year. This total bycatch limit may be adjusted downward or upward 
through the biennial specifications and management measures process. 
Part of the overall total catch limit is a set-aside of 10 mt of Pacific 
halibut, to accommodate bycatch in the at-sea Pacific whiting fishery 
and in the shoreside trawl fishery south of 40[deg]10[min] N lat 
(estimated to be approximately 5 mt each).



Sec. 660.60  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures biennially or annually and during the fishing year. 
Management of the Pacific Coast groundfish fishery will be conducted 
consistent with the standards and procedures in the PCGFMP and other 
applicable law. The PCGFMP is available from the Regional Administrator 
or the Council. Regulations under this subpart may be promulgated, 
removed, or revised during the fishing year. Any such action will be 
made according to the framework standards and procedures in the PCGFMP 
and other applicable law, and will be published in the Federal Register.
    (b) Biennial actions. The Pacific Coast Groundfish fishery is 
managed on a biennial, calendar year basis. Harvest specifications and 
management measures will be announced biennially, with the harvest 
specifications for each species or species group set for two sequential 
calendar years. In general, management measures are designed to achieve, 
but not exceed, the specifications, particularly optimum yields (harvest 
guidelines and quotas), fishery harvest guidelines, commercial harvest 
guidelines and quotas, limited entry and open access allocations, or 
other approved fishery allocations, and to protect overfished and 
depleted stocks. Management measures will be designed to take into 
account the co-occurrence ratios of target species with overfished 
species, and will select measures that will minimize bycatch to the 
extent practicable.
    (c) Routine management measures. In addition to the catch 
restrictions in subparts D through G of this part, other catch 
restrictions that are likely to be adjusted on a biennial or more 
frequent basis may be imposed and announced by a single notification in 
the Federal Register if good cause exists under the APA to waive notice 
and comment, and if they have been designated as routine through the 
two-meeting process described in the PCGFMP. Routine management measures 
that may be revised during the fishing year via this process are 
implemented in paragraph (h) of this section, and in subparts D through 
G of this part, including Tables 1 (North) and 1 (South) of subpart D, 
Tables 2 (North) and 2 (South) of subpart E, Tables 3 (North) and 3 
(South) of subpart F. Most trip, bag, and size limits, and area closures 
in the groundfish fishery have been designated ``routine,'' which means 
they may be changed rapidly after a single Council meeting. Council 
meetings are held in the months of March, April, June, September, and

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November. Inseason changes to routine management measures are announced 
in the Federal Register pursuant to the requirements of the 
Administrative Procedure Act (APA). Changes to trip limits are effective 
at the times stated in the Federal Register. Once a change is effective, 
it is illegal to take and retain, possess, or land more fish than 
allowed under the new trip limit. This means that, unless otherwise 
announced in the Federal Register, offloading must begin before the time 
a fishery closes or a more restrictive trip limit takes effect. The 
following catch restrictions have been designated as routine:
    (1) Commercial Limited Entry and Open Access Fisheries. (i) Trip 
landing and frequency limits, size limits, all gear. Trip landing and 
frequency limits have been designated as routine for the following 
species or species groups: Widow rockfish, canary rockfish, yellowtail 
rockfish, Pacific ocean perch, yelloweye rockfish, black rockfish, blue 
rockfish, splitnose rockfish, chilipepper rockfish, bocaccio, cowcod, 
minor nearshore rockfish or shallow and deeper minor nearshore rockfish, 
shelf or minor shelf rockfish, and minor slope rockfish; DTS complex 
which is composed of Dover sole, sablefish, shortspine thornyheads, and 
longspine thornyheads; petrale sole, rex sole, arrowtooth flounder, 
Pacific sanddabs, and the flatfish complex, which is composed of those 
species plus any other flatfish species listed at Sec. 660.11, subpart 
C; Pacific whiting; lingcod; Pacific cod; spiny dogfish; and ``other 
fish'' as a complex consisting of all groundfish species listed at Sec. 
660.11, subpart C and not otherwise listed as a distinct species or 
species group. Size limits have been designated as routine for sablefish 
and lingcod. Trip landing and frequency limits and size limits for 
species with those limits designated as routine may be imposed or 
adjusted on a biennial or more frequent basis for the purpose of keeping 
landings within the harvest levels announced by NMFS, and for the other 
purposes given in paragraphs (c)(1)(i)(A) and (B) of this section.
    (A) Trip landing and frequency limits. To extend the fishing season; 
to minimize disruption of traditional fishing and marketing patterns; to 
reduce discards; to discourage target fishing while allowing small 
incidental catches to be landed; to protect overfished species; to allow 
small fisheries to operate outside the normal season; and, for the open 
access fishery only, to maintain landings at the historical proportions 
during the 1984-88 window period.
    (B) Size limits. To protect juvenile fish; to extend the fishing 
season.
    (ii) Differential trip landing limits and frequency limits based on 
gear type, closed seasons, and bycatch limits. Trip landing and 
frequency limits that differ by gear type and closed seasons may be 
imposed or adjusted on a biennial or more frequent basis for the purpose 
of rebuilding and protecting overfished or depleted stocks. To achieve 
the rebuilding of an overfished or depleted stock, bycatch limits may be 
established and adjusted to be used to close the primary season for any 
sector of the Pacific whiting fishery described at Sec. 660.131(b), 
before the sector's Pacific whiting allocation is achieved if the 
applicable bycatch limit is reached. Bycatch limit amounts are specified 
at Sec. 660.131(b)(5), subpart D.
    (iii) Type of limited entry trawl gear on board. Limits on the type 
of limited entry trawl gear on board a vessel may be imposed on a 
biennial or more frequent basis. Requirements and restrictions on 
limited entry trawl gear type are found at Sec. 660.130, subpart D.
    (2) Recreational fisheries all gear types. Routine management 
measures for all groundfish species, separately or in any combination, 
include bag limits, size limits, time/area closures, boat limits, hook 
limits, and dressing requirements. All routine management measures on 
recreational fisheries are intended to keep landings within the harvest 
levels announced by NMFS, to rebuild and protect overfished or depleted 
species, and to maintain consistency with State regulations, and for the 
other purposes set forth in this section.
    (i) Bag limits. To spread the available catch over a large number of 
anglers; to protect and rebuild overfished species; to avoid waste.
    (ii) Size limits. To protect juvenile fish; to protect and rebuild 
overfished

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species; to enhance the quality of the recreational fishing experience.
    (iii) Season duration restrictions. To spread the available catch 
over a large number of anglers; to protect and rebuild overfished 
species; to avoid waste; to enhance the quality of the recreational 
fishing experience.
    (3) All fisheries, all gear types, depth-based management measures. 
Depth-based management measures, particularly the setting of closed 
areas known as Groundfish Conservation Areas, may be implemented in any 
fishery that takes groundfish directly or incidentally. Depth-based 
management measures are set using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints found at 
Sec. 660.70 through 660.74. Depth-based management measures and the 
setting of closed areas may be used: to protect and rebuild overfished 
stocks, to prevent the overfishing of any groundfish species by 
minimizing the direct or incidental catch of that species, to minimize 
the incidental harvest of any protected or prohibited species taken in 
the groundfish fishery, to extend the fishing season; for the commercial 
fisheries, to minimize disruption of traditional fishing and marketing 
patterns; for the recreational fisheries, to spread the available catch 
over a large number of anglers; to discourage target fishing while 
allowing small incidental catches to be landed; and to allow small 
fisheries to operate outside the normal season.
    (d) Automatic actions. Automatic management actions may be initiated 
by the NMFS Regional Administrator without prior public notice, 
opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used in the Pacific whiting fishery to:
    (i) Close sectors of the fishery or to reinstate trip limits in the 
shorebased fishery when a whiting harvest guideline, commercial harvest 
guideline, or a sector's allocation is reached, or is projected to be 
reached;
    (ii) Close all sectors or a single sector of the fishery when a 
bycatch limit is reached or projected to be reached;
    (iii) Reapportion unused Pacific whiting allocation to other sectors 
of the fishery;
    (iv) Reapportion unused bycatch limit species to other sectors of 
the Pacific whiting fishery.
    (v) Implement the Ocean Salmon Conservation Zone, described at Sec. 
660.131(c)(3), subpart D, when NMFS projects the Pacific whiting fishery 
may take in excess of 11,000 Chinook within a calendar year.
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described at 
Sec. 660.131(c)(4) Subpart D, when NMFS projects a sector-specific 
bycatch limit will be reached before the sector's whiting allocation.
    (2) [Reserved]
    (e) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or the fishery closed 
are prohibited species. In addition, the following are prohibited 
species:
    (1) Any species of salmonid.
    (2) Pacific halibut.
    (3) Dungeness crab caught seaward of Washington or Oregon.
    (f) Exempted fishing permits (EFP). (1) The Regional Administrator 
may issue EFPs under regulations at Sec. 660.30, subpart C, for 
compensation with fish for collecting resource information. Such EFPs 
may include the collecting of scientific samples of groundfish species 
that would otherwise be prohibited for retention.
    (2) The Regional Administrator may also issue EFPs under regulations 
at 50 CFR part Sec. 600.745 for limited testing, public display, data 
collection, exploratory, health and safety, environmental cleanup, and/
or hazard removal purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited.
    (3) U.S. vessels operating under an EFP are subject to restrictions 
in Sec. Sec. 660.10 through 660.79, unless otherwise provided in the 
permit.
    (g) Applicability. Groundfish species harvested in the territorial 
sea (0-3

[[Page 55]]

nm) will be counted toward the catch limitations in Tables 1a through 2d 
of this subpart, and those specified in subparts D through G, including 
Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) and 2 
(South) of subpart E, Tables 3 (North) and 3 (South) of subpart F.
    (h) Fishery restrictions--(1) Commercial trip limits and 
recreational bag and boat limits. Commercial trip limits and 
recreational bag and boat limits defined in Tables 1a through 2d of this 
subpart, and those specified in subparts D through G of this part, 
including Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) 
and 2 (South) of subpart E, Tables 3 (North) and 3 (South) of subpart F 
must not be exceeded.
    (2) Landing. As stated at Sec. 660.11, subpart C (in the definition 
of ``Landing''), once the offloading of any species begins, all fish 
aboard the vessel are counted as part of the landing and must be 
reported as such. Transfer of fish at sea is prohibited under Sec. 
660.12, subpart C, unless a vessel is participating in the primary 
whiting fishery as part of the mothership or catcher/processor sectors, 
as described at Sec. 660.131(a), subpart D.
    (3) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next legal period, so long as no fish (including, but not 
limited to, groundfish with no trip limits, shrimp, prawns, or other 
nongroundfish species or shellfish) are landed (offloaded) until the 
next legal period. Fishing ahead is not allowed during or before a 
closed period.
    (4) Weights and percentages. All weights are round weights or round-
weight equivalents unless otherwise specified. Percentages are based on 
round weights, and, unless otherwise specified, apply only to legal fish 
on board.
    (5) Size limits, length measurement, and weight limits. (i) Size 
limits and length measurement. Unless otherwise specified, size limits 
in the commercial and recreational groundfish fisheries apply to the 
``total length,'' which is the longest measurement of the fish without 
mutilation of the fish or the use of force to extend the length of the 
fish. No fish with a size limit may be retained if it is in such 
condition that its length has been extended or cannot be determined by 
these methods. For conversions not listed here, contact the state where 
the fish will be landed. Washington state regulations require all fish 
with a size limit landed into Washington to be landed with the head on.
    (A) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.
    (B) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsal surface of the body closest to the 
head) to the tip of the upper lobe of the tail; the dorsal fin and tail 
must be left intact.
    (C) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see subpart G of this part). A filet is measured 
along the length of the longest part of the filet in a relaxed position; 
stretching or otherwise manipulating the filet to increase its length is 
not permitted.
    (ii) Weight limits and conversions. The weight limit conversion 
factor established by the state where the fish is or will be landed will 
be used to convert the processed weight to round weight for purposes of 
applying the trip limit. Weight conversions provided herein are those 
conversions currently in use by the States of Washington, Oregon and 
California and may be subject to change by those states. Fishery 
participants should contact fishery enforcement officials in the state 
where the fish will be landed to determine that state's official 
conversion factor. To determine the round weight, multiply the processed 
weight times the conversion factor.
    (iii) Sablefish. The following conversion applies to both the 
limited entry and open access fisheries when trip limits are in effect 
for those fisheries.

[[Page 56]]

For headed and gutted (eviscerated) sablefish the weight conversion 
factor is 1.6 (multiply the headed and gutted weight by 1.6 to determine 
the round weight).
    (iv) Lingcod. The following conversions apply in both limited entry 
and open access fisheries.
    (A) North of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 18 inches (46 cm), which corresponds to 22 inches 
(56 cm) total length for whole fish.
    (B) South of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 19.5 inches (49.5 cm), which corresponds to 24 
inches (61 cm) total length for whole fish.
    (C) The weight conversion factor for headed and gutted lingcod is 
1.5. The conversion factor for lingcod that has only been gutted with 
the head on is 1.1.
    (6) Sorting. Trawl fishery sorting requirements are specified at 
Sec. 660.130(d), subpart D. Limited entry fixed gear fishery sorting 
requirements are specified at Sec. 660.230(c), subpart E, and Open 
access fishery sorting requirements are specified at Sec. 660.330(c), 
subpart F.
    (7) Crossover provisions. NMFS uses different types of management 
areas for West Coast groundfish management. One type of management area 
is the north-south management area, a large ocean area with northern and 
southern boundary lines wherein trip limits, seasons, and conservation 
areas follow a single theme. Within each north-south management area, 
there may be one or more conservation areas, defined at Sec. 660.11 and 
Sec. Sec. 660.60 through 660.74, subpart C. The provisions within this 
paragraph apply to vessels operating in different north-south management 
areas. Crossover provisions also apply to vessels that fish in both the 
limited entry and open access fisheries, or that use open access non-
trawl gear while registered to limited entry fixed gear permits. Fishery 
specific crossover provisions can be found in subparts D through F of 
this part.
    (i) Operating in north-south management areas with different trip 
limits. Trip limits for a species or a species group may differ in 
different north-south management areas along the coast. The following 
crossover provisions apply to vessels operating in different 
geographical areas that have different cumulative or ``per trip'' trip 
limits for the same species or species group. Such crossover provisions 
do not apply to species that are subject only to daily trip limits, or 
to the trip limits for black rockfish off Washington, as described at 
Sec. 660.230(d), subpart E and Sec. 660.330(e), subpart F.
    (A) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (B) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit applies, no matter where the fish are taken and retained, 
possessed, or landed.
    (C) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (D) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10[min] N. lat. 
management line, and are included

[[Page 57]]

as part of a minor rockfish complex on the other side of the line. A 
vessel that takes and retains fish from a minor rockfish complex 
(nearshore, shelf, or slope) on both sides of a management line during a 
single cumulative limit period is subject to the more restrictive 
cumulative limit for that minor rockfish complex during that period.
    (1) If a vessel takes and retains minor slope rockfish north of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land splitnose rockfish up to its cumulative limit 
south of 40[deg]10[min] N. lat., even if splitnose rockfish were a part 
of the landings from minor slope rockfish taken and retained north of 
40[deg]10[min] N. lat.
    (2) If a vessel takes and retains minor slope rockfish south of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land POP up to its cumulative limit north of 
40[deg]10[min] N. lat., even if POP were a part of the landings from 
minor slope rockfish taken and retained south of 40[deg]10[min] N. lat.
    (ii) Operating in both limited entry and open access fisheries. Open 
access trip limits apply to any fishing conducted with open access gear, 
even if the vessel has a valid limited entry permit with an endorsement 
for another type of gear. A vessel that operates in both the open access 
and limited entry fisheries is not entitled to two separate trip limits 
for the same species. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is smaller than the limited 
entry limit, the open access limit may not be exceeded and counts toward 
the limited entry limit. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is larger than the limited 
entry limit, the smaller limited entry limit applies, even if taken 
entirely with open access gear.



Sec. 660.65  Groundfish harvest specifications.

    Fishery specifications include ABCs, the designation of OYs (which 
may be represented by harvest guidelines (HGs) or quotas for species 
that need individual management,) and the allocation of fishery HGs 
between the trawl and nontrawl segments of the fishery, and the 
allocation of commercial HGs between the open access and limited entry 
segments of the fishery. These specifications include fish caught in 
state ocean waters (0-3 nm offshore) as well as fish caught in the EEZ 
(3-200 nm offshore). Harvest specifications are provided at Tables 1a 
through 2d of this subpart.

[[Page 58]]



Sec. Table 1a to Part 660, Subpart C--2009, Specifications of ABCs, OYs, 
          and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.000


[[Page 59]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.001


[[Page 60]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.002


[[Page 61]]





Sec. Table 1b to Part 660, Subpart C--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.003

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are specified 
as total catch values. A harvest guideline is a specified harvest target 
and not a quota. The use of this term may differ from the use of similar 
terms in state regulation.

[[Page 62]]

    \c\ Lingcod--A coastwide lingcod stock assessment was prepared in 
2005. The lingcod biomass was estimated to be at 64 percent of its 
unfished biomass coastwide in 2005. The ABC of 5,278 mt was calculated 
using an FMSY proxy of F45%. Because the stock is above B40%coastwide, 
the coastwide OY was set equal to the ABC. The tribal harvest guideline 
is 250 mt.
    \d\ ``Other species''--these species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia area is 
based on historical landings data. The 1,600 mt OY is the ABC reduced by 
50 percent as a precautionary adjustment. A tribal harvest guideline of 
400 mt is deducted from the OY resulting in a commercial OY of 1,200 mt.
    \f\ Pacific whiting--The most recent stock assessment was prepared 
in February 2009. The stock assessment base model estimated the Pacific 
whiting biomass to be at 32 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2009. The U.S Canada coastwide ABC 
is 253,582 mt, the U.S. share of the ABC is 187,346 mt (73.88 percent of 
the coastwide ABC). The U.S.-Canada coastwide OY is 184,000 mt with a 
corresponding U.S. OY of 135,939 mt. The tribal set aside is 50,000 mt. 
The amount estimated to be taken as research catch and in non-groundfish 
fisheries is 4,000 mt. The commercial OY is 81,939 mt. Each sector 
receives a portion of the commercial OY, with the catcher/processors 
getting 34 percent (27,859 mt), motherships getting 24 percent (19,665 
mt), and the shore-based sector getting 42 percent (34,414 mt). The 
allocation for the fishery south of 42[deg]N. lat. is 1,721 mt.
    \g\ Sablefish--A coastwide sablefish stock assessment was prepared 
in 2007. The sablefish biomass was estimated to be at 38.3 percent of 
its unfished biomass in 2007. The coastwide ABC of 9,914 mt was based on 
the new stock assessment with a FMSY proxy of F45%. The 40-10 harvest 
policy was applied to the ABC then apportion between the northern and 
southern areas with 72 percent going to the area north of 36[deg] N. 
lat. and 28 percent going to the area south of 36[deg] N. lat. The OY 
for the area north of 36[deg] N. lat. is 7,052 mt. When establishing the 
OY for the area south of 36[deg] N. lat. a 50 percent reduction was made 
resulting in a Conception area OY of 1,371 mt. The coastwide OY of 8,423 
mt is the sum of the northern and southern area OYs. The tribal 
allocation for the area north of 36[deg] N. lat. is 705 mt (10 percent 
of the OY north of 36[deg] N. lat.), which is further reduced by 1.6 
percent (11 mt) to account for discard mortality. The tribal landed 
catch value is 694 mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34[deg] 27[min]N. lat. and 28 percent of its unfished biomass 
south of 34[deg] 27[min]N. lat. in 2005. The ABC of 106 mt is based on 
the 2005 stock assessment with a harvest rate proxy of F45%. The OY of 
69 mt is consistent with the application of a 60-20 harvest rate policy 
specified in the California Nearshore Fishery Management Plan.
    \i\ Dover sole north of 34[deg] 27' N. lat. was assessed in 2005. 
The Dover sole biomass was estimated to be at 59.8 percent of its 
unfished biomass in 2005 and was projected to be increasing. The ABC of 
29,453 mt is based on the results of the 2005 assessment with an FMSY 
proxy of F40%. Because the stock is above B40%coastwide, the OY could be 
set equal to the ABC. The OY of 16,500 mt is less than the ABC. The OY 
is set at the MSY harvest level which is considerably larger than the 
coastwide catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 2005 
and updated in 2007. The stock was estimated to be at 116 percent of its 
unfished biomass in 2007. The stock biomass is believed to be declining. 
The ABC of 14,326 mt is based on the results of the 2007 assessment 
update with an FMSY proxy of F40%. Because the stock is above B40%, the 
OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 2005 
the petrale sole stock was estimated to be at 32 percent of its unfished 
biomass coastwide (34 percent in the northern assessment area and 29 
percent of in the southern assessment area). The ABC of 2,811 mt is 
based on the 2005 stock assessment with a F40%FMSYproxy. To derive the 
OY, the 40-10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, an 
additional 25 percent reduction was made in the OY contribution for the 
southern area due assessment uncertainty. The coastwide OY is 2,433 mt 
in 2009.
    \l\ Arrowtooth flounder was assessed in 2007 and was estimated to be 
at 79 percent of its unfished biomass in 2007. Because the stock is 
above B40%, the OY is set equal to the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and was 
estimated to be above 40 percent of its unfished biomass in 2005. 
However, the stock was projected to decline below 40 percent in both the 
northern and southern areas after 2008. The starry flounder assessment 
was considered to be a data-poor assessment relative to other groundfish 
assessments. For 2009, the coastwide ABC of 1,509 mt is based on the 
2005 assessment with a FMSY proxy of F40%. To derive the OY (1,004 mt), 
the 40-10 harvest policy was applied to the ABC for both the northern 
and southern assessment areas then

[[Page 63]]

an additional 25 percent reduction was made due to assessment 
uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not have 
individual ABC/OYs and include butter sole, curlfin sole, flathead sole, 
Pacific sand dab, rex sole, rock sole, and sand sole. The other flatfish 
ABC is based on historical catch levels. The ABC of 6,731 mt is based on 
the highest landings for sanddabs (1995) and rex sole (1982) for the 
1981-2003 period and on the average landings from the 1994-1998 period 
for the remaining other flatfish species. The OY of 4,884 mt is based on 
the ABC with a 25 percent precautionary adjustment for sanddabs and rex 
sole and a 50 percent precautionary adjustment for the remaining 
species.
    \o\ A POP stock assessment was prepared in 2005 and was updated in 
2007. The stock assessment update estimated the stock to be at 27.5 
percent of its unfished biomass in 2007. The ABC of 1,160 mt for the 
Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50%. The OY of 189 mt is based on a 
rebuilding plan with a target year to rebuild of 2017 and an SPR harvest 
rate of 86.4 percent. The OY is reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.14 mt for the 
amount expected to be taken during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current equilibrium with these harvest specifications.
    \q\ Widow rockfish was assessed in 2005 and an update was prepared 
in 2007. The stock assessment update estimated the stock to be at 36.2 
percent of its unfished biomass in 2006. The ABC of 7,728 mt is based on 
the stock assessment update with an F50%FMSYproxy. The OY of 522 mt is 
based on a rebuilding plan with a target year to rebuild of 2015 and an 
SPR harvest rate of 95 percent. To derive the commercial harvest 
guideline of 460.4 mt the OY is reduced by 1.1 mt for the amount 
anticipated to be taken during research activity, 45.5 mt for the tribal 
set-aside, 7.2 mt the amount estimated to be taken in the recreational 
fisheries, 0.4 mt for the amount expected to be taken incidentally in 
non-groundfish fisheries, and 7.4 mt for the amount projected to be 
taken during EFP fishing. The following are the sector specific bycatch 
limits established for the Pacific whiting fishery: 85.0 mt for catcher/
processors, 60.0 mt for motherships, and 105.0 mt for shore-based.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent of 
its unfished biomass coastwide in 2007. The coastwide ABC of 937 mt 
based on the 2007 rebuilding plan. The OY of 105 mt is based on a 
rebuilding plan with a target year to rebuild of 2021 and a SPR harvest 
rate of 88.7 percent. To derive the commercial harvest guideline of 42.3 
mt, the OY is reduced by 8.0 mt for the amount anticipated to be taken 
during research activity, 7.3 mt the tribal set-aside, 43.8 mt the 
amount estimated to be taken in the recreational fisheries, 0.9 mt for 
the amount expected to be taken incidentally in non-groundfish 
fisheries, and 2.7 mt for the amount expected to be taken during EFP 
fishing. The following harvest guidelines are being specified for catch 
sharing in 2009: 19.7 mt for limited entry Non-Whiting Trawl, 18.0 mt 
for limited entry Whiting Trawl, 2.2 mt for limited entry fixed gear, 
2.5 mt for directed open access, 4.9 mt for Washington recreational, 
16.0 mt for Oregon recreational, and 22.9 mt for California 
recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 2007. 
The ABC of 3,037 mt is based on a FMSY proxy of F50%. Because the 
unfished biomass is estimated to be above 40 percent the unfished 
biomass, the default OY could be set equal to the ABC. However, the OY 
of 2,885 mt was the ABC reduced by 5 percent as a precautionary measure 
for uncertainty in the stock assessment. Open access is allocated 44.3 
percent (1,278 mt) of the commercial HG and limited entry is allocated 
55.7 percent (1,607 mt) of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 percent 
of its unfished biomass in 2007. The ABC of 793 mt for the Monterey-
Conception area is based on the new assessment with an FMSY proxy of 
F50%. The OY of 288 mt is based on a rebuilding plan with a target year 
to rebuild of 2026 and a SPR harvest rate of 77.7 percent. To derive the 
commercial harvest guideline of 206.4 mt, the OY is reduced by 2.0 mt 
for the amount anticipated to be taken during research activity, 67.3 mt 
for the amount estimated to be taken in the recreational fisheries, 1.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries, and 11.0 mt for the amount expected to be taken during EFP 
fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-Conception 
area. The 461 mt OY for the area reflects a 25 percent precautionary 
adjustment because of the less

[[Page 64]]

rigorous stock assessment for this stock. In the north (Vancouver, 
Columbia and Eureka areas), splitnose is included within the minor slope 
rockfish OY. Because the harvest assumptions used to forecast future 
harvest were likely overestimates, carrying the previously used ABCs and 
OYs forward into 2009 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment was 
prepared in 2005 for the Vancouver, Columbia, Eureka areas. Yellowtail 
rockfish was estimated to be above 40 percent of its unfished biomass in 
2005. The ABC of 4,562 mt is based on the 2005 stock assessment with the 
FMSY proxy of F50%. The OY of 4,562 mt was set equal to the ABC, because 
the stock is above the precautionary threshold of B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The ABC 
of 2,437 mt is based on a F50%FMSYproxy. For that portion of the stock 
(66 percent of the biomass) north of Point Conception (34[deg]27[min]N. 
lat.), the OY of 1,608 mt was set at equal to the ABC because the stock 
is estimated to be above the precautionary threshold. For that portion 
of the stock south of 34[deg]27[min]N. lat. (34 percent of the biomass), 
the OY of 414 mt was the portion of the ABC for the area reduced by 50 
percent as a precautionary adjustment due to the short duration and 
amount of survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 2005. 
The coastwide ABC of 3,766 mt is based on a F50%FMSYproxy. The OY is set 
equal to the ABC because the stock is above the precautionary threshold. 
Separate OYs are being established for the areas north and south of 
34[deg]27[min]N. lat. (Point Conception). The OY of 2,231 mt for that 
portion of the stock in the northern area (79 percent) the ABC reduced 
by 25 percent as a precautionary adjustment. For that portion of the 
stock in the south of 34[deg]27[min]N. lat. (21 percent), the OY of 395 
mt was the portion of the ABC for the area reduced by 50 percent as a 
precautionary adjustment due to the short duration and amount of survey 
data for that area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the stock 
was estimated to be between 3.4 to 16.3 percent of its unfished biomass. 
The ABC for the area south of 36[deg]N. lat., the Conception and 
Monterey areas, is 13 mt and is based on the 2007 rebuilding analysis in 
which the Conception area stock assessment projection was doubled to 
account for both areas. A single OY of 4 mt is being set for both areas. 
The OY of 4 mt is based on a rebuilding plan with a target year to 
rebuild of 2072 and an SPR rate of 82.1 percent. The amount anticipated 
to be taken during research activity is 0.2 mt and the amount expected 
to be taken during EFP activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock to 
be at 22.4 percent of its unfished biomass in 2007. The ABC is projected 
to be 437 mt and is based on the 2007 stock assessment with an FMSYproxy 
of F50%. The OY of 285 mt is based on a rebuilding plan with a target 
year to rebuild of 2028 and an SPR harvest rate of 62.1 percent. The 
commercial OY of 282.05 mt is the OY reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.95 mt for the 
amount projected to be taken during EFP activity.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an assessment 
update was completed in 2007. The 2007 stock assessment update estimated 
the spawning stock biomass in 2006 to be at 14 percent of its unfished 
biomass coastwide. The 31 mt coastwide ABC was derived from the base 
model in the new stock assessment with an FMSY proxy of F50%. The 17 mt 
OY is based on a rebuilding plan with a target year to rebuild of 2084 
and an SPR harvest rate of 66.3 percent in 2009 and 2010 and an SPR 
harvest rate of 71.9 percent for 2011 and beyond. The OY is reduced by 
2.8 mt for the amount anticipated to be taken during research activity, 
2.3 mt the amount estimated to be taken in the tribal fisheries and 0.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries. The catch sharing harvest guidelines for yelloweye rockfish 
in 2009 are: limited entry non-whiting trawl 0.6 mt, limited entry 
whiting 0.0 mt, limited entry fixed gear 1.4 mt, directed open access 
1.1 mt, Washington recreational 2.7 mt, Oregon recreational 2.4 mt, 
California recreational 2.8 mt, and 0.3 mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27[min]N. lat. was 
assessed in 2005 and was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 175 mt is based on the new 
assessment with a harvest rate proxy of F50%. Because the stock is above 
B40%coastwide, the OY is set equal to the ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish north 
of Cape Falcon. The ABC for the area north of 46[deg]16[min]N. lat. 
(Washington) is 490 mt (97 percent) of the 505 mt ABC contribution from 
the northern assessment area. The ABC for the area south of 
46[deg]16[min]N. lat. (Oregon and California) is 1,469 mt which is the 
sum of a contribution of 15 mt (3 percent) from the northern area 
assessment, and 1,454 mt from the southern area assessment. The ABCs 
were based on the results of the new assessment and derived using an 
FMSYproxy of F50%. Because both portions of the stock are above 40 
percent, the OYs could be set equal

[[Page 65]]

to the ABCs. For the area north of 46[deg]16[min]N. lat., the OY of 490 
mt is set equal to the ABC. The following tribal harvest guidelines are 
being set: 20,000 lb (9.1 mt) north of Cape Alava, WA 
(48[deg]09.50[min]N. lat.) and 10,000 lb (4.5 mt) between Destruction 
Island, WA (47[deg]40[min]N. lat.) and Leadbetter Point, WA 
(46[deg]38.17[min]N. lat.) The OY for the area south of 46[deg]16[min]N. 
lat. is being set at 1,000 mt which is a constant harvest level. The 
black rockfish OY in the area south of 46[deg]16[min]N. lat., is 
subdivided with separate HGs being set for the area north of 42[deg] N. 
lat. (580 mt/58 percent) and for the area south of 42[deg] N. lat. (420 
mt/42 percent).
    dd Minor rockfish north includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Vancouver, Columbia, 
and Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,678 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. To obtain the total catch OY of 2,283 mt, 
the remaining rockfish ABCs were further reduced by 25 percent and other 
rockfish ABCs were reduced by 50 percent. This was a precautionary 
measure to address limited stock assessment information.
    ee Minor rockfish south includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Monterey and 
Conception areas combined. These species include ``remaining rockfish'' 
which generally includes species that have been assessed by less 
rigorous methods than stock assessment, and ``other rockfish'' which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,384 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. The remaining rockfish ABCs are further 
reduced by 25 percent, with the exception of blackgill rockfish (see 
footnote gg). The other rockfish ABCs were reduced by 50 percent. This 
was a precautionary measure due to limited stock assessment information. 
The resulting minor rockfish OY is 1,990 mt.
    ff Bank rockfish--The ABC is 350 mt which is based on a 
2000 stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    gg Blackgill rockfish in the Monterey and Conception 
areas was assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an FMSY 
proxy of F50%and is the two year average ABC for the 2007 and 2008 
periods. This stock contributes 292 mt towards minor rockfish south.
    hh ``Other rockfish'' includes rockfish species listed in 
50 CFR 660.302. A new stock assessment was conducted for blue rockfish 
in 2007. As a result of the new stock assessment, the blue rockfish 
contribution to the other rockfish group, of 30 mt in the north and 232 
mt in the south, are removed. A new contribution of 28 mt contribution 
in the north and 202 mt contribution in the south is added to the 
remaining rockfish. The ABC for the remaining species is based on 
historical data from a 1996 review landings and includes an estimate of 
recreational landings. Most of these species have never been assessed 
quantitatively.
    ii Longnose skate was fully assessed in 2006 and an 
assessment update was completed in 2007. The ABC of 3,428 is based on 
the 2007 with an FMSYproxy of F45%. Longnose skate was previously 
managed as part of the Other Fish complex. The 2009 OY of 1,349 mt is a 
precautionary OY based on historical total catch increased by 50 
percent.
    jj ``Other fish'' includes sharks, skates, rays, ratfish, 
morids, grenadiers, kelp greenling, and other groundfish species noted 
above in footnote d/. The longnose skate contribution is being removed 
from this complex.
    kk Sablefish allocation north of 36[deg] N. lat.--The 
limited entry allocation is further divided with 58 percent allocated to 
the trawl fishery and 42 percent allocated to the fixed-gear fishery.
    ll Specific open access/limited entry allocations 
specified in the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing harvest 
of healthy stocks.

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  Sec. Table 1d to Part 660, Subpart C-- At-Sea Whiting Fishery Annual 
                       Set-Asides, 2011 and 2012.
[GRAPHIC] [TIFF OMITTED] TR01OC10.004


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[GRAPHIC] [TIFF OMITTED] TR01OC10.005


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Sec. Table 2a to Part 660, Subpart C--2010, Specifications of ABCs, OYs, 
          and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.006


[[Page 69]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.007


[[Page 70]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.008


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    Sec. Table 2b to Part 660, Subpart C--2010, and Beyond, Harvest 
  Guidelines for Minor Rockfish by Depth Sub-groups (weights in metric 
                                  tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.009

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are specified 
as total catch values. A harvest guideline is a specified harvest target 
and not a quota. The use of this term may differ from the use of similar 
terms in state regulation.

[[Page 72]]

    \c\ Lingcod--A coastwide lingcod stock assessment was prepared in 
2005. The lingcod biomass was estimated to be at 64 percent of its 
unfished biomass coastwide in 2005. The ABC of 4,829 mt was calculated 
using an FMSY proxy of F45%. Because the stock is above B40%coastwide, 
the coastwide OY was set equal to the ABC. The tribal harvest guideline 
is 250 mt.
    \d\ ``Other species''--these species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia area is 
based on historical landings data. The 1,600 mt OY is the ABC reduced by 
50 percent as a precautionary adjustment. A tribal harvest guideline of 
400 mt is deducted from the OY resulting in a commercial OY of 1,200 mt.
    \f\ Pacific whiting--The most recent stock assessment was prepared 
in January 2010. The stock assessment base model estimated the Pacific 
whiting biomass to be at 31 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2010. The U.S.-Canada coastwide 
ABC is 455,550 mt, the U.S. share of the ABC is 336,560 mt (73.88 
percent of the coastwide ABC). The U.S.-Canada coastwide Pacific whiting 
OY is 262,500 mt, with a corresponding U.S. OY of 193,935 mt. The tribal 
allocation is 49,939 mt. The amount estimated to be taken as research 
catch and in non-groundfish fisheries is 3,000 mt. The commercial OY is 
140,996 mt. Each sector receives a portion of the commercial OY, with 
the catcher/processors getting 34 percent (47,939 mt), motherships 
getting 24 percent (33,839 mt), and the shore-based sector getting 42 
percent (59,218 mt). No more than 2,961 mt (5 percent of the shore-based 
allocation) may be taken in the fishery south of 42[deg] N. lat. prior 
to the start of the primary season for the shorebased fishery north of 
42[deg] N. lat.
    \g\ Sablefish--A coastwide sablefish stock assessment was prepared 
in 2007. The coastwide sablefish biomass was estimated to be at 38.3 
percent of its unfished biomass in 2007. The coastwide ABC of 9,217 mt 
was based on the new stock assessment with a FMSY proxy of F45%. The 40-
10 harvest policy was applied to the ABC then apportion between the 
northern and southern areas with 72 percent going to the area north of 
36[deg] N. lat. and 28 percent going to the area south of 36[deg] N. 
lat. The OY for the area north of 36[deg] N. lat. is 6,471 mt. When 
establishing the OY for the area south of 36[deg] N. lat. a 50 percent 
reduction was made resulting in a Conception area OY of 1,258 mt. The 
Coastwide OY of 7,729 mt is the sum of the northern and southern area 
OYs. The tribal allocation for the area north of 36[deg] N. lat. is 647 
mt (10 percent of the OY north of 36[deg] N. lat.), which is further 
reduced by 1.6 percent (10 mt) to account for discard mortality. The 
tribal landed catch value is 637 mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34[deg] 27 'N. lat. and 28 percent of its unfished biomass 
south of 34[deg] 27 'N. lat. in 2005. The ABC of 111 mt is based on the 
2005 stock assessment with a harvest rate proxy of F45%. The OY of 79 mt 
is consistent with the application of a 60-20 harvest rate policy 
specified in the California Nearshore Fishery Management Plan.
    \i\ Dover sole north of 34[deg] 27' N. lat. was assessed in 2005. 
The Dover sole biomass was estimated to be at 59.8 percent of its 
unfished biomass in 2005 and was projected to be increasing. The ABC of 
28,582 mt is based on the results of the 2005 assessment with an FMSY 
proxy of F40%. Because the stock is above B40%coastwide, the OY could be 
set equal to the ABC. The OY of 16,500 mt is less than the ABC. The OY 
is set at the MSY harvest level which is considerably larger than the 
coastwide catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 2005 
and updated in 2007. The stock was estimated to be at 116 percent of its 
unfished biomass in 2007. The stock biomass is believed to be declining. 
The ABC of 9,745 mt is based on the results of the 2007 assessment 
update with an FMSY proxy of F40%. Because the stock is above B40%, the 
OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 2005 
the petrale sole stock was estimated to be at 32 percent of its unfished 
biomass coastwide (34 percent in the northern assessment area and 29 
percent in the southern assessment area). The 2010 ABC of 2,751 mt is 
based on the 2005 assessment with a F40% FMSY proxy. To derive the 2010 
OY, the 40 10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, an 
additional 25 percent reduction was made in the OY contribution for the 
southern area due to assessment uncertainty. As another precautionary 
measure, an additional 1,193 mt reduction was made in the coastwide OY 
due to preliminary results of the more pessimistic 2009 stock 
assessment. The coastwide OY is 1,200 mt in 2010.
    \l\ Arrowtooth flounder was assessed in 2007 and was estimated to be 
at 79 percent of its unfished biomass in 2007. Because the stock is 
above B40%, the OY is set equal to the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and was 
estimated to be above 40 percent of its unfished biomass in 2005. 
However, the stock was projected to decline below 40 percent in both the 
northern and southern areas after 2008. For 2010, the

[[Page 73]]

coastwide ABC of 1,578 mt is based on the 2005 assessment with a FMSY 
proxy of F40%. To derive the OY of 1,077 mt, the 40-10 harvest policy 
was applied to the ABC for both the northern and southern assessment 
areas then an additional 25 percent reduction was made due to assessment 
uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not have 
individual ABC/OYs and include butter sole, curlfin sole, flathead sole, 
Pacific sanddab, rex sole, rock sole, and sand sole. The other flatfish 
ABC is based on historical catch levels. The ABC of 6,731 mt is based on 
the highest landings for sanddabs (1995) and rex sole (1982) for the 
1981-2003 period and on the average landings from the 1994-1998 period 
for the remaining other flatfish species. The OY of 4,884 mt is based on 
the ABC with a 25 percent precautionary adjustment for sanddabs and rex 
sole and a 50 percent precautionary adjustment for the remaining 
species.
    \o\ A POP stock assessment was prepared in 2005 and was updated in 
2007. The stock assessment update estimated the stock to be at 27.5 
percent of its unfished biomass in 2007. The ABC of 1,173 mt for the 
Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50%. The OY of 200 mt is based on a 
rebuilding plan with a target year to rebuild of 2017 and an SPR harvest 
rate of 86.4 percent. The OY is reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.14 mt for the 
amount expected to be taken during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current equilibrium with these harvest specifications.
    \q\ Widow rockfish was assessed in 2005, and an update was prepared 
in 2007. The stock assessment update estimated the stock to be at 36.2 
percent of its unfished biomass in 2006. The ABC of 6,937 mt is based on 
the stock assessment update with an F50% FMSY proxy. The OY of 509 mt is 
based on a rebuilding plan with a target year to rebuild of 2015 and an 
SPR harvest rate or 95 percent. To derive the commercial harvest 
guideline of 447.4 mt, the OY is reduced by 1.1 mt for the amount 
anticipated to be taken during research activity, 45.5 mt for the tribal 
set-aside, 7.2 mt the amount estimated to be taken in the recreational 
fisheries, 0.4 mt for the amount expected to be taken incidentally in 
non-groundfish fisheries, and 7.4 mt for EFP fishing activities.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent of 
its unfished biomass coastwide in 2007. The coastwide ABC of 940 mt is 
based on a FMSY proxy of F50%. The OY of 105 mt is based on a rebuilding 
plan with a target year to rebuild of 2021 and a SPR harvest rate of 
88.7 percent. To derive the commercial harvest guideline of 42.3 mt, the 
OY is reduced by 8.0 mt for the amount anticipated to be taken during 
research activity, 7.3 mt the tribal set-aside, 43.8 mt the amount 
estimated to be taken in the recreational fisheries, 0.9 mt for the 
amount expected to be taken incidentally in non-groundfish fisheries, 
and 2.7 mt for the amount expected to be taken during EFP fishing. The 
following harvest guidelines are being specified for catch sharing in 
2009: 19.7 mt for limited entry Non-Whiting Trawl, 18.0 mt for limited 
entry Whiting Trawl, 2.2 mt for limited entry fixed gear, 2.5 mt for 
directed open access, 4.9 mt for Washington recreational, 16.0 mt for 
Oregon recreational, and 22.9 mt for California recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 2007. 
The ABC of 2,576 mt is based on the new assessment with an FMSY proxy of 
F50%. Because the unfished biomass is estimated to be above 40 percent 
of the unfished biomass, the default OY could be set equal to the ABC. 
However, the OY of 2,447 mt was the ABC reduced by 5 percent as a 
precautionary measure. Open access is allocated 44.3 percent (1,084 mt) 
of the commercial HG and limited entry is allocated 55.7 percent (1,363 
mt) of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 percent 
of its unfished biomass in 2007. The ABC of 793 mt for the Monterey-
Conception area is based on the new stock assessment with an FMSY proxy 
of F50%. The OY of 288 is based on a rebuilding plan with a target year 
to rebuild of 2026 and a SPR harvest rate of 77.7 percent. To derive the 
commercial harvest guideline of 206.4 mt, the OY is reduced by 2.0 mt 
for the amount anticipated to be taken during research activity, 67.3 mt 
for the amount estimated to be taken in the recreational fisheries, 1.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries, and 11.0 mt for the amount expected to be taken during EFP 
fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-Conception 
area. The 461 mt OY for the area reflects a 25 percent precautionary 
adjustment because of the less

[[Page 74]]

rigorous stock assessment for this stock. In the north (Vancouver, 
Columbia and Eureka areas), splitnose is included within the minor slope 
rockfish OY. Because the harvest assumptions used to forecast future 
harvest were likely overestimates, carrying the previously used ABCs and 
OYs forward into 2010 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment was 
prepared in 2005 for the Vancouver, Columbia, Eureka areas. Yellowtail 
rockfish was estimated to be above 40 percent of its unfished biomass in 
2005. The ABC of 4,562 mt is based on the 2005 stock assessment with the 
FMSY proxy of F50%. The OY of 4,562 mt was set equal to the ABC, because 
the stock is above the precautionary threshold of B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The ABC 
of 2,411 mt is based on a F50%FMSYproxy. For that portion of the stock 
(66 percent of the biomass) north of Point Conception (34[deg]27' N. 
lat.), the OY of 1,591 mt was set at equal to the ABC because the stock 
is estimated to be above the precautionary threshold. For that portion 
of the stock south of 34[deg]27' N. lat. (34 percent of the biomass), 
the OY of 410 mt was the portion of the ABC for the area reduced by 50 
percent as a precautionary adjustment due to the short duration and 
amount of survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 2005. 
The coastwide ABC of 3,671 mt is based on a F50%FMSYproxy. The OY is set 
equal to the ABC because the stock is above the precautionary threshold. 
Separate OYs are being established for the areas north and south of 
34[deg]27' N. lat. (Point Conception). The OY of 2,175 mt for that 
portion of the stock in the northern area (79 percent) was the ABC 
reduced by 25 percent as a precautionary adjustment. For that portion of 
the stock in the southern area (21 percent), the OY of 385 mt was the 
portion of the ABC for the area reduced by 50 percent as a precautionary 
adjustment due to the short duration and amount of survey data for that 
area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the stock 
was estimated to be between 3.4 to 16.3 percent of its unfished biomass. 
The ABC for the Monterey and Conception areas is 14 mt and is based on 
the 2007 rebuilding analysis in which the Conception area stock 
assessment projection was doubled to account for both areas. A single OY 
of 4 mt is being set for both areas. The OY of 4 mt is based on the need 
to conform the 2010 cowcod harvest specifications to the Court's Order 
in Natural Resources Defense Council v. Locke, Civil Action No. C 01-
0421 JL. The amount anticipated to be taken during scientific research 
activity is 0.2 mt and the amount expected to be taken during EFP 
activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock to 
be at 22.4 percent of its unfished biomass in 2007. The ABC is projected 
to be 440 mt and is based on the 2007 stock assessment with an FMSY 
proxy of F50%. The OY of 330 mt is based on the need to conform the 2010 
darkblotched rockfish harvest specifications to the Court's Order in 
Natural Resources Defense Council v. Locke, Civil Action No. C 01-0421 
JL. The amount anticipated to be taken during scientific research 
activity is 2.0 mt and the amount anticipated to be taken during EFP 
activity is 0.95 mt.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an assessment 
update was completed in 2007. The 2007 stock assessment update estimated 
the spawning stock biomass in 2006 to be at 14 percent of its unfished 
biomass coastwide. The 32 mt coastwide ABC was derived from the base 
model in the new stock assessment with an FMSY proxy of F50%. The 14 mt 
OY is based on the need to conform the 2010 yelloweye rockfish harvest 
specifications to the Court's Order in Natural Resources Defense Council 
v. Locke, Civil Action No. C 01-0421 JL. The amount anticipated to be 
taken during scientific research activity is 1.3 mt, the amount 
anticipated to be taken in the tribal fisheries is 2.3 mt, and the 
amount anticipated to be taken incidentally in non-groundfish fisheries 
is 0.3 mt. The catch sharing harvest guidelines for yelloweye rockfish 
in 2010 are: Limited entry non-whiting trawl 0.3 mt, limited entry 
whiting 0.0 mt, limited entry fixed gear 0.8 mt, directed open access 
1.2 mt, Washington recreational 2.6 mt, Oregon recreational 2.3 mt, 
California recreational 2.7 mt, and 0.2 mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27'N. lat. (point 
Conception) was assessed in 2005 and was estimated to be above 40 
percent of its unfished biomass in 2005. The ABC of 155 mt is based on 
the new assessment with a harvest rate proxy of F50%. Because the stock 
is above B40% coastwide, the OY is set equal to the ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish north 
of Cape Falcon. The ABC for the area north of 46[deg]16'N. lat. 
(Washington) is 464 mt (97 percent) of the 478 mt ABC contribution from 
the northern assessment area. The ABC for the area south of 46[deg]16'N. 
lat. (Oregon and California) is 1,317 mt which is the sum of a 
contribution of 14 mt (3 percent) from the northern area assessment, and 
1,303 mt from the southern area assessment. The ABCs were derived using 
an FMSY proxy of F50%. Because both portions of the stock are above

[[Page 75]]

40 percent, the OYs could be set equal to the ABCs. For the area north 
of 46[deg]16'N. lat., the OY of 490 mt is set equal to the ABC. The 
following tribal harvest guidelines are being set: 30,000 lb (13.6 mt) 
north of Cape Alava, WA (48[deg]09.50'N. lat.) and 10,000 lb (4.5 mt) 
between Destruction Island, WA (47[deg]40'N. lat.) and Leadbetter Point, 
WA (46[deg]38.17'N. lat.) For the area south of 46[deg]16'N. lat., the 
OY of 1,000 mt is a constant harvest level. The black rockfish OY in the 
area south of 46[deg]16'N. lat., is subdivided with separate HGs being 
set for the area north of 42[deg] N. lat. (580 mt/58 percent) and for 
the area south of 42[deg] N. lat. (420 mt/42 percent).
    \dd\ Minor rockfish north includes the ``remaining rockfish'' and 
``other rockfish'' categories in the Vancouver, Columbia, and Eureka 
areas combined. These species include ``remaining rockfish'', which 
generally includes species that have been assessed by less rigorous 
methods than stock assessments, and ``other rockfish'', which includes 
species that do not have quantifiable stock assessments. Blue rockfish 
has been removed from the ``other rockfish'' and added to the remaining 
rockfish. The ABC of 3,678 mt is the sum of the individual ``remaining 
rockfish'' ABCs plus the ``other rockfish'' ABCs. The remaining rockfish 
ABCs continue to be reduced by 25 percent (F = 0.75M) as a precautionary 
adjustment. To obtain the total catch OY of 2,283 mt, the remaining 
rockfish ABCs were further reduced by 25 percent and other rockfish ABCs 
were reduced by 50 percent. This was a precautionary measure to address 
limited stock assessment information.
    \ee\ Minor rockfish south includes the ``remaining rockfish'' and 
``other rockfish'' categories in the Monterey and Conception areas 
combined. These species include ``remaining rockfish'' which generally 
includes species that have been assessed by less rigorous methods than 
stock assessment, and ``other rockfish'' which includes species that do 
not have quantifiable stock assessments. Blue rockfish has been removed 
from the ``other rockfish'' and added to the remaining rockfish. The ABC 
of 3,382 mt is the sum of the individual ``remaining rockfish'' ABCs 
plus the ``other rockfish'' ABCs. The remaining rockfish ABCs continue 
to be reduced by 25 percent (F = 0.75M) as a precautionary adjustment. 
The remaining rockfish ABCs are further reduced by 25 percent, with the 
exception of blackgill rockfish (see footnote gg). The other rockfish 
ABCs were reduced by 50 percent. This was a precautionary measure due to 
limited stock assessment information. The resulting minor rockfish OY is 
1,990 mt.
    \ff\ Bank rockfish--The ABC is 350 mt which is based on a 2000 stock 
assessment for the Monterey and Conception areas. This stock contributes 
263 mt towards the minor rockfish OY in the south.
    \gg\ Blackgill rockfish in the Monterey and Conception areas was 
assessed in 2005 and is estimated to be at 49.9 percent of its unfished 
biomass in 2008. The ABC of 292 mt for the Monterey and Conception areas 
is based on the 2005 stock assessment with an FMSY proxy of F50%and is 
the two year average ABC for the 2007 and 2008 periods. This stock 
contributes 292 mt towards minor rockfish south.
    \hh\ ``Other rockfish'' includes rockfish species listed in 50 CFR 
660.302. A new stock assessment was conducted for blue rockfish in 2007. 
As a result of the new stock assessment, the blue rockfish contribution 
to the other rockfish group, of 30 mt in the north and 232 mt in the 
south, are removed. A new contribution of 28 mt contribution in the 
north and 202 mt contribution in the south is added to the remaining 
rockfish. The ABC for the remaining species is based on historical data 
from a 1996 review landings and includes an estimate of recreational 
landings. Most of these species have never been assessed quantitatively.
    \ii\ Longnose skate was fully assessed in 2006 and an assessment 
update was completed in 2007. The ABC of 3,428 is based on the 2007 with 
an FMSY proxy of F45%. Longnose skate was previously managed as part of 
the Other Fish complex. The 2009 OY of 1,349 mt is a precautionary OY 
based on historical total catch increased by 50 percent.
    \jj\ ``Other fish'' includes sharks, skates, rays, ratfish, morids, 
grenadiers, kelp greenling, and other groundfish species noted above in 
footnote d/. The longnose skate contribution is being removed from this 
complex.
    \kk\ Sablefish allocation north of 36[deg] N. lat.--The limited 
entry allocation is further divided with 58 percent allocated to the 
trawl fishery and 42 percent allocated to the fixed-gear fishery.
    \ll\ Specific open access/limited entry allocations specified in the 
FMP have been suspended during the rebuilding period as necessary to 
meet the overall rebuilding target while allowing harvest of healthy 
stocks.



      Subpart D_West Coast Groundfish_Limited Entry Trawl Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart D was 
added, effective Nov. 1, 2010.



Sec. 660.100  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish limited entry trawl 
fishery.

[[Page 76]]

Under the trawl rationalization program, the limited entry trawl fishery 
consists of the Shorebased IFQ Program, the MS Coop Program, and the C/P 
Coop Program.



Sec. 660.111  Trawl fishery--definitions.

    These definitions are specific to the limited entry trawl fisheries 
covered in this subpart. General groundfish definitions are found at 
Sec. 660.11, subpart C.
    Catch history assignment means a percentage of the mothership sector 
allocation of Pacific whiting based on a limited entry permit's 
qualifying history and which is specified on the MS/CV-endorsed limited 
entry permit.
    Catcher/processor coop or C/P coop means a harvester group that 
includes all eligible catcher/processor at-sea Pacific whiting endorsed 
permit owners who voluntarily form a coop and who manage the catcher/
processor-specified allocations through private agreements and 
contracts.
    Catcher/Processor Coop Program or C/P Coop Program means the C/P 
Coop Program described at Sec. 660.160, subpart D.
    Coop agreement means a private agreement between a group of MS/CV-
endorsed limited entry permit owners or C/P-endorsed permit owners that 
contains all information specified at Sec. Sec. 660.150 and 660.160, 
subpart D.
    Coop member means a permit owner of an MS/CV-endorsed permit for the 
MS Coop Program that is a party to an MS coop agreement, or a permit 
owner of a C/P-endorsed permit for the C/P Coop Program that is legally 
obligated to the C/P coop.
    Coop permit means a Federal permit required to participate as a 
Pacific whiting coop in the catcher/processor or mothership sectors.
    Designated coop manager means an individual appointed by a permitted 
coop that is identified in the coop agreement and is responsible for 
actions described at Sec. Sec. 660.150 (for an MS coop) or 660.160 (for 
a C/P coop), subpart D.
    IBQ pounds means the quotas, expressed in round weight of fish, that 
are issued annually to each QS permit owner in the Shorebased IFQ 
Program based on the amount of IBQ they own and the amount of allowable 
bycatch mortality allocated to the Shorebased IFQ Program. IBQ pounds 
have the same species/species group and area designations as the IBQ 
from which they are issued.
    IFQ first receivers mean persons who first receive, purchase, or 
take custody, control, or possession of catch onshore directly from a 
vessel that harvested the catch while fishing under the Shorebased IFQ 
Program described at Sec. 660.140, subpart D.
    IFQ landing means an offload of fish harvested under the Shorebased 
IFQ Program described at Sec. 660.140, subpart D.
    Individual bycatch quota (IBQ) means the amount of bycatch quota for 
an individual species/species group and area expressed as a percentage 
of the annual allocation of allowable bycatch mortality to the 
Shorebased IFQ Program. IBQ is used as the basis for the annual 
calculation and allocation of a QS permit owner's IBQ pounds in the 
Shorebased IFQ Program. Both IBQ and QS may be listed on a QS permit and 
in the associated QS account. Species for which IBQ will be issued for 
the Shorebased IFQ Program are listed at Sec. 660.140, subpart D.
    Individual fishing quota (IFQ) means a Federal permit to harvest a 
quantity of fish, expressed as a percentage of the total allowable catch 
of a fishery that may be received or held for exclusive use by a person. 
An IFQ is a harvest privilege that may be revoked at any time in 
accordance with the Magnuson-Stevens Act. IFQ species for the Shorebased 
IFQ Program are listed at Sec. 660.140, subpart D.
    Inter-coop means two or more permitted coops that have submitted an 
accepted inter-coop agreement to NMFS that specifies a coordinated 
strategy for harvesting pooled allocations of Pacific whiting and non-
whiting groundfish.
    Inter-coop agreement means a written agreement between two or more 
permitted mothership coops and which contains private contractual 
arrangements for sharing catch and/or bycatch with one another.
    Material change means, for the purposes of a coop agreement, a 
change to any of the required components of the coop agreement, defined 
at Sec. Sec. 660.150

[[Page 77]]

and 660.160, subpart D, which was submitted to NMFS during the 
application process for the coop permit.
    Mothership coop or MS coop means a group of MS/CV-endorsed limited 
entry permit owners that are authorized by means of a coop permit to 
jointly harvest and process from a single coop allocation.
    Mothership Coop Program or MS Coop Program means the MS Coop Program 
described at Sec. 660.150, subpart D, and includes both the coop and 
non-coop fisheries.
    Mutual agreement exception means, for the purpose of Sec. 660.150, 
subpart D, an agreement that allows the owner of an MS/CV-endorsed 
limited entry permit to withdraw the permit's obligation of its catch 
history assignment to a permitted mothership processor, when mutually 
agreed to with the mothership processor, and to obligate to a different 
permitted mothership processor.
    Pacific halibut set-aside means an amount of Pacific halibut 
annually set aside for the at-sea whiting fisheries (mothership and C/P 
sectors) and which is based on the trawl allocation of Pacific whiting.
    Pacific whiting IFQ fishery means a trip in which a vessel 
registered to a trawl-endorsed limited entry permit uses legal midwater 
groundfish trawl gear with a valid declaration for limited entry 
midwater trawl, Pacific whiting IFQ, as specified at Sec. 660.13(d)(5), 
subpart C, during the dates what the midwater Pacific whiting season is 
open.
    Pacific whiting shoreside first receivers means persons who first 
receive, purchase, or take custody, control, or possession of Pacific 
whiting onshore directly from a Pacific whiting shoreside vessel.
    Pacific whiting shoreside or shorebased fishery means Pacific 
whiting shoreside vessels and Pacific whiting shoreside first receivers.
    Pacific whiting shoreside vessel means any vessel that fishes using 
midwater trawl gear to take, retain, possess and land 4,000-lb (1,814 
kg) or more of Pacific whiting per fishing trip from the Pacific whiting 
shorebased sector allocation for delivery to a Pacific whiting shoreside 
first receiver during the primary season.
    Processor obligation means an annual requirement for an MS/CV-
endorsed limited entry permit to assign the amount of catch available 
from the permit's catch history assignment to a particular MS permit.
    Quota pounds (QP) means the quotas, expressed in round weight of 
fish, that are issued annually to each QS permit owner in the Shorebased 
IFQ Program based on the amount of QS they own and the amount of fish 
allocated to the Shorebased IFQ Program. QP have the same species/
species group and area designations as the QS from which they are 
issued.
    Quota share (QS) means the amount of fishing quota for an individual 
species/species group and area expressed as a percentage of the annual 
allocation of fish to the Shorebased IFQ Program. The QS is used as the 
basis for the annual calculation and allocation of a QS permit owner's 
QP in the Shorebased IFQ Program. Both QS and IBQ may be listed on a QS 
permit and in the associated QS account. Species for which QS will be 
issued for the Shorebased IFQ Program are listed at Sec. 660.140, 
subpart D.
    Shorebased IFQ Program means the Shorebased IFQ Program described at 
Sec. 660.140, subpart D.
    Vessel account means an account held by the vessel owner where QP 
and IBQ pounds are registered for use by a vessel in the Shorebased IFQ 
Program.
    Vessel limits means the maximum amount of QP or IBQ pounds a vessel 
owner can hold, acquire, and/or use during a calendar year. Vessel 
limits specify the maximum amount of QP or IBQ pounds that may be 
registered to a single vessel account during the year (QP Vessel Limit) 
and, for some species, the maximum amount of unused QP or IBQ pounds 
registered to a vessel account at any one time (Unused QP Vessel Limit).



Sec. 660.112  Trawl fishery--prohibitions.

    These prohibitions are specific to the limited entry trawl 
fisheries. General groundfish prohibitions are defined at Sec. 660.12, 
subpart C. In addition to the general prohibitions specified in

[[Page 78]]

Sec. 600.725 of this chapter, it is unlawful for any person or vessel 
to:
    (a) General--(1) Trawl gear endorsement. Fish with groundfish trawl 
gear, or carry groundfish trawl gear on board a vessel that also has 
groundfish on board, unless the vessel is registered for use with a 
valid limited entry permit with a trawl gear endorsement, with the 
following exception.
    (i) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California;
    (ii) The vessel is registered to a limited entry MS permit with a 
valid mothership fishery declaration, in which case trawl nets and doors 
must be stowed in a secured and covered manner, and detached from all 
towing lines, so as to be rendered unusable for fishing.
    (2) Sorting. [Reserved]
    (3) Recordkeeping and reporting. (i) Fail to comply with all 
recordkeeping and reporting requirements at Sec. 660.13, subpart C; 
including failure to submit information, submission of inaccurate 
information, or intentionally submitting false information on any report 
required at Sec. 660.13(d), subpart C.
    (ii) Falsify or fail to make and/or file, retain or make available 
any and all reports of groundfish landings, containing all data, and in 
the exact manner, required by the regulation at Sec. 660.13, subpart C, 
or Sec. 660.113, subpart D.
    (4) Fishing in conservation areas with trawl gear. (i) Operate any 
vessel registered to a limited entry permit with a trawl endorsement and 
trawl gear on board in a applicable GCA (defined at Sec. 660.11, 
subpart C and Sec. 660.130(e), subpart D), except for purposes of 
continuous transiting, with all groundfish trawl gear stowed in 
accordance with Sec. 660.130(e)(4), subpart D or except as authorized 
in the groundfish management measures published at Sec. 660.130, 
subpart D.
    (ii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) anywhere within EFH seaward of a line approximating the 700-fm (1280-
m) depth contour, as defined in Sec. 660.76, subpart C. For the 
purposes of regulation, EFH seaward of 700-fm (1280-m) within the EEZ is 
described at Sec. 660.75, subpart C.
    (iii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) with a footrope diameter greater than 19 inches (48 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope) anywhere within EFH within the EEZ. For the purposes of 
regulation, EFH within the EEZ is described at Sec. 660.75, subpart C.
    (iv) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) with a footrope diameter greater than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope) anywhere within the EEZ shoreward of a line 
approximating the 100-fm (183-m) depth contour (defined at Sec. 660.73, 
subpart C).
    (v) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C), within the EEZ in the following areas (defined at Sec. Sec. 660.77 
and 660.78, Subpart C): Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (vi) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C), other than demersal seine, unless otherwise specified in this 
section or Sec. 660.381, within the EEZ in the following areas (defined 
at Sec. 660.79, subpart C): Eel River Canyon, Blunts Reef, Mendocino 
Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South 
Biogenic Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, 
Half Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port 
San Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank 
(within Cowcod Conservation Area West), Catalina Island, Potato Bank 
(within Cowcod Conservation Area West), Cherry Bank (within Cowcod 
Conservation Area West), and Cowcod EFH Conservation Area East.
    (vii) Fish with bottom contact gear (defined at Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined at Sec. Sec. 
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson 
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson 
Rock, Scorpion, Painted Cave, Anacapa

[[Page 79]]

Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull 
Island, South Point, and Santa Barbara.
    (viii) Fish with bottom contact gear (defined at Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined at Sec. 660.79, subpart 
C).
    (b) Shorebased IFQ Program. [Reserved]
    (c) MS and C/P Coop Programs. [Reserved]
    (d) MS Coop Program (coop and non-coop fisheries). [Reserved]
    (e) C/P Coop Program. [Reserved]
    (f) Pacific Whiting Fisheries--(1) Pacific whiting vessel license 
requirements prior to trawl rationalization. Fish in any of the sectors 
of the whiting fishery described at Sec. 660.131(a), subpart D, after 
May 11, 2009 using a vessel that is not registered for use with a 
sector-appropriate Pacific whiting vessel license under Sec. 660.26, 
subpart C. After May 11, 2009, vessels are prohibited from fishing, 
landing, or processing primary season Pacific whiting with a catcher/
processor, mothership or mothership catcher vessel that has no history 
of participation within that specific sector of the whiting fishery 
during the period from January 1, 1997, through January 1, 2007, or with 
a shoreside catcher vessels that has no history of participation within 
the shorebased sector of the whiting fishery during the period from 
January 1, 1994 through January 1, 2007, as specified in Sec. 
660.26(c), subpart C. For the purpose of this paragraph, ``historic 
participation'' for a specific sector is the same as the qualifying 
criteria listed in Sec. 660.26(c), subpart C.
    (i) If a Pacific whiting vessel license is registered for use with a 
vessel, fail to carry that license onboard the vessel registered for use 
with the license at any time the vessel is licensed. A photocopy of the 
license may not substitute for the license itself.
    (ii) [Reserved]
    (2) Process whiting in the fishery management area during times or 
in areas where at-sea processing is prohibited for the sector in which 
the vessel participates, unless:
    (i) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.50, subpart C;
    (ii) The fish are processed by a waste-processing vessel according 
to Sec. 660.131(j), subpart D; or
    (iii) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (3) During times or in areas where at-sea processing is prohibited, 
take and retain or receive whiting, except as cargo or fish waste, on a 
vessel in the fishery management area that already has processed whiting 
on board. An exception to this prohibition is provided if the fish are 
received within the tribal U&A from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.50, subpart C.
    (4) Fish as a mothership if that vessel operates in the same 
calendar year as a catcher/processor in the whiting fishery, according 
to Sec. 660.131, subpart D.
    (5) Operate as a waste-processing vessel within 48 hours of a 
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.131(j), subpart D.
    (6) On a vessel used to fish for whiting, fail to keep the trawl 
doors on board the vessel, when taking and retention is prohibited under 
Sec. 660.131(f), subpart D.
    (7) Sort or discard any portion of the catch taken by a catcher 
vessel in the mothership sector prior to the catch being received on a 
mothership, and prior to the observer being provided access to the 
unsorted catch, with the exception of minor amounts of catch that are 
lost when the codend is separated from the net and prepared for 
transfer.
    (8) Pacific whiting shoreside first receivers. (i) [Reserved]
    (ii) Fail to sort fish received from a Pacific whiting shoreside 
vessel prior to first weighing after offloading as specified at Sec. 
660.131(k)(2), subpart D for the Pacific whiting fishery.
    (iii) Process, sell, or discard any groundfish received from a 
Pacific whiting shoreside vessel that has not been weighed on a scale 
that is in compliance with requirements at Sec. 660.131 (k)(1)(i), 
subpart D, and accounted for on an electronic fish ticket with the 
identification number for the Pacific

[[Page 80]]

whiting shoreside vessel that delivered the fish.
    (iv) Fail to weigh fish landed from a Pacific whiting shoreside 
vessel prior to transporting any fish from that landing away from the 
point of landing.



Sec. 660.113  Trawl fishery--recordkeeping and reporting.

    General groundfish recordkeeping and reporting requirements are 
defined at Sec. 660.13, subpart C. The following recordkeeping and 
reporting requirements are in addition to those and are specific to the 
limited entry trawl fisheries.
    (a) Shorebased IFQ Program. [Reserved]
    (b) MS Coop Program (coop and non-coop fisheries). [Reserved]
    (c) C/P Coop Program. [Reserved]
    (d) Participants in the Pacific whiting shoreside fishery prior to 
trawl rationalization. Reporting requirements defined in the following 
section are in addition to reporting requirements under applicable state 
law and requirements described at Sec. 660.13, subpart C.
    (1) Reporting requirements for any Pacific whiting shoreside first 
receiver.
    (i) Responsibility for compliance. The Pacific whiting shoreside 
first receiver is responsible for compliance with all reporting 
requirements described in this paragraph.
    (ii) General requirements. All records or reports required by this 
paragraph must: Be maintained in English, be accurate, be legible, be 
based on local time, and be submitted in a timely manner as required in 
paragraph (d)(1)(iv)(E) of this section.
    (iii) Required information. All Pacific whiting shoreside first 
receivers must provide the following types of information: Date of 
landing, Pacific whiting shoreside vessel that made the delivery, gear 
type used, first receiver, round weights of species landed listed by 
species or species group including species with no value, number of 
salmon by species, number of Pacific halibut, and any other information 
deemed necessary by the Regional Administrator as specified on the 
appropriate electronic fish ticket form.
    (iv) Electronic fish ticket submissions. The Pacific whiting 
shoreside first receiver must:
    (A) Sort all fish, prior to first weighing, by species or species 
groups as specified at Sec. 660.131(l)(2)(ii), subpart D.
    (B) Include as part of each electronic fish ticket submission, the 
actual scale weight for each groundfish species as specified by 
requirements at Sec. 660.131(l)(i), subpart D, and the Pacific whiting 
shoreside vessel identification number.
    (C) Use for the purpose of submitting electronic fish tickets, and 
maintain in good working order, computer equipment as specified at Sec. 
660.15(d), subpart C;
    (D) Install, use, and update as necessary, any NMFS-approved 
software described at Sec. 660.15(d), subpart C;
    (E) Submit a completed electronic fish ticket for every landing that 
includes 4,000-lb (1,814 kg) or more of Pacific whiting (round weight 
equivalent) no later than 24 hours after the date the fish are received, 
unless a waiver of this requirement has been granted under provisions 
specified below at paragraph (d)(1)(vii) of this section.
    (v) Revising a submitted electronic fish ticket submission. In the 
event that a data error is found, electronic fish ticket submissions may 
be revised by resubmitting the revised form. Electronic fish tickets are 
to be used for the submission of final data. Preliminary data, including 
estimates of fish weights or species composition, shall not be submitted 
on electronic fish tickets.
    (vi) Retention of Records. [Reserved]
    (vii) Waivers for submission of electronic fish tickets upon written 
request. On a case-by-case basis, a temporary written waiver of the 
requirement to submit electronic fish tickets may be granted by the 
Assistant Regional Administrator or designee if he/she determines that 
circumstances beyond the control of a Pacific whiting shoreside first 
receiver would result in inadequate data submissions using the 
electronic fish ticket system. The duration of the waiver will be 
determined on a case-by-case basis.
    (viii) Reporting requirements when a temporary waiver has been 
granted. Pacific whiting shoreside first receivers that have been 
granted a temporary waiver from the requirement to submit electronic 
fish tickets must submit on

[[Page 81]]

paper the same data as is required on electronic fish tickets within 24 
hours of the date received during the period that the waiver is in 
effect. Paper state landing receipts must be sent by facsimile to NMFS, 
Northwest Region, Sustainable Fisheries Division, 206-526-6736 or by 
delivering it in person to 7600 Sand Point Way NE., Seattle, WA 98115. 
The requirements for submissions of paper tickets in this paragraph are 
separate from, and in addition to existing state requirements for 
landing receipts or fish receiving tickets.
    (2) [Reserved]



Sec. 660.116  Trawl fishery--observer requirements.

    (a) Observer coverage requirements--(1) NMFS-certified observers.
    (i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer 
must carry two NMFS-certified observers, and a catcher/processor or 
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain, 
receive, land, process, or transport groundfish.
    (ii) A Pacific whiting shoreside vessel that sorts catch at sea must 
carry one NMFS-certified observer, from the time the vessel leaves port 
on a trip in which the catch is sorted at sea to the time that all catch 
from that trip has been offloaded.
    (2) Catcher vessels. When NMFS notifies the owner, operator, permit 
holder, or the manager of a catcher vessel, specified at Sec. 
660.16(c), Subpart C of any requirement to carry an observer, the 
catcher vessel may not be used to fish for groundfish without carrying 
an observer.
    (i) Notice of departure--basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a vessel that has 
been notified by NMFS that it is required to carry an observer, or that 
is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (A) Optional notice--weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (a)(2)(i) of this section. If departure is delayed beyond 36 
hours from the time the original notice is given, the vessel must 
provide an additional notice of departure not less than 4 hours prior to 
departure, in order to enable NMFS to place an observer.
    (B) Optional notice--back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (a)(2)(i) of this 
section for both trips, prior to making the first trip. A vessel that 
has given such notice is not required to give additional notice of the 
second trip.
    (ii) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any vessel that is required to carry an observer, 
or that is operating in a segment of the fleet that NMFS has identified 
as an active sampling unit.
    (b) Waiver. The Northwest Regional Administrator may provide written 
notification to the vessel owner stating that a determination has been 
made to temporarily waive coverage requirements because of circumstances 
that are deemed to be beyond the vessel's control.
    (c) Procurement of observer services by catcher/processors, 
motherships, and Pacific whiting shoreside vessels that sort at sea. 
Owners of vessels required to carry observers under provisions at 
paragraph (a)(1)(i) or (ii) of this section must arrange for observer 
services from an observer provider permitted by the North Pacific 
Groundfish Observer Program under 50 CFR 679.50(i), except that:
    (1) Vessels are required to procure observer services directly from 
NMFS when NMFS has determined and given notification that the vessel 
must carry NMFS staff or an individual authorized by NMFS in lieu of an 
observer provided by a permitted observer provider.
    (2) Vessels are required to procure observer services directly from 
NMFS and a permitted observer provider

[[Page 82]]

when NMFS has determined and given notification that the vessel must 
carry NMFS staff or individuals authorized by NMFS, in addition to an 
observer provided by a permitted observer provider.
    (d) Vessel responsibilities. An operator of a vessel required to 
carry one or more observer(s) must provide:
    (1) Accommodations and food. Provide accommodations and food that 
are:
    (i) At-sea processors. Equivalent to those provided for officers, 
engineers, foremen, deck-bosses or other management level personnel of 
the vessel.
    (ii) Catcher vessels. Equivalent to those provided to the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this 
chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) to use the 
vessel's communication equipment and personnel, on request, for the 
entry, transmission, and receipt of work-related messages, at no cost to 
the observer(s) or the U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (iii) Hardware and software. Pacific whiting vessels that are 
required to carry one or more NMFS-certified observers under provisions 
at paragraphs (a)(1)(i) or (ii) of this section must provide hardware 
and software pursuant to regulations at 50 CFR 679.50(g)(1)(iii)(B) and 
50 CFR 679.50(g)(2)(iii), as follows:
    (A) Providing for use by the observer a personal computer in working 
condition that contains a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at least 
14.1 inches (35.8 cm) and minimum display settings of 600 x 800 pixels. 
The computer equipment specified in this paragraph (A) must be connected 
to a communication device that provides a modem connection to the NMFS 
host computer and supports one or more of the following protocols: ITU 
V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Processors that 
use a modem must have at least a 28.8kbs Hayes-compatible modem. The 
above-specified hardware and software requirements do not apply to 
processors that do not process groundfish.
    (B) NMFS-supplied software. Ensuring that each vessel that is 
required to carry a NMFS-certified observer obtains the data entry 
software provided by the NMFS for use by the observer.
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (6) Prior notification. Notify observer(s) at least 15 minutes 
before fish are brought on board, or fish and fish products are 
transferred from the vessel, to allow sampling the catch or observing 
the transfer, unless the observer specifically requests not to be 
notified.
    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable 
observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).
    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).

[[Page 83]]

    (v) Allowing the observer(s) to collect biological data and samples.
    (vi) Providing adequate space for storage of biological samples.
    (9) At-sea transfers to or from processing vessels. Processing 
vessels must:
    (i) Ensure that transfers of observers at sea via small boat or raft 
are carried out during daylight hours, under safe conditions, and with 
the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (e) Sample station and operational--(1) Observer sampling station. 
This paragraph contains the requirements for observer sampling stations. 
The vessel owner must provide an observer sampling station that complies 
with this section so that the observer can carry out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. The 
observer must have a working area of 4.5 square meters, including the 
observer's sampling table, for sampling and storage of fish to be 
sampled. The observer must be able to stand upright and have a work area 
at least 0.9 m deep in the area in front of the table and scale.
    (iv) Table aboard at-sea processing vessels. The observer sampling 
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m 
high and no more than 1.1 m high. The entire surface area of the table 
must be available for use by the observer. Any area for the observer 
sampling scale is in addition to the minimum space requirements for the 
table. The observer's sampling table must be secured to the floor or 
wall.
    (v) Diverter board aboard at-sea processing vessels. The conveyor 
belt conveying unsorted catch must have a removable board (diverter 
board) to allow all fish to be diverted from the belt directly into the 
observer's sampling baskets. The diverter board must be located 
downstream of the scale used to weigh total catch. At least 1 m of 
accessible belt space, located downstream of the scale used to weigh 
total catch, must be available for the observer's use when sampling.
    (vi) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.
    (vii) Observer sampling scale. The observer sample station must 
include a NMFS-approved platform scale (pursuant to requirements at 50 
CFR 679.28(d)(5)) with a capacity of at least 50 kg located within 1 m 
of the observer's sampling table. The scale must be mounted so that the 
weighing surface is no more than 0.7 m above the floor.
    (2) [Reserved]



Sec. 660.120   Trawl fishery--crossover provisions.

    (a) General. In addition to the General provisions listed at Sec. 
660.60, subpart C, the crossover provisions of this section apply to 
vessels operating in the limited entry trawl fishery.
    (b) Operating in north-south management areas with different trip 
limits--(1) Minor Rockfish.
    (i) If a trawl vessel takes and retains minor shelf rockfish south 
of 40[deg]10'N. lat., that vessel is also permitted to take and retain, 
possess, or land yellowtail rockfish up to its cumulative limits north 
of 40[deg]10'N. lat., even if yellowtail rockfish is part of the 
landings from minor shelf rockfish taken and retained south of 
40[deg]10'N. lat. Widow rockfish is included in overall shelf rockfish 
limits for all gear groups.

[[Page 84]]

    (ii) If a trawl vessel takes and retains minor shelf rockfish north 
of 40[deg]10'N. lat., that vessel is also permitted to take and retain, 
possess, or land chilipepper rockfish up to its cumulative limits south 
of 40[deg]10' N. lat., even if chilipepper rockfish is part of the 
landings from minor shelf rockfish taken and retained north of 
40[deg]10' N. lat.
    (2) DTS complex. Differential trawl trip limits for the ``DTS 
complex'' north and south of latitudinal management lines may be 
specified in trip limits, Table 1 (North) and Table 1 (South) of this 
subpart. Vessels operating in the limited entry trawl fishery are 
subject to the crossover provisions in this paragraph when making 
landings that include any one of the four species in the ``DTS 
complex.''
    (3) Flatfish complex. There are often differential trip limits for 
the flatfish complex (butter, curlfin, English, flathead, petrale, rex, 
rock, and sand soles, Pacific sanddab, and starry flounder) north and 
south of latitudinal management lines. Vessels operating in the limited 
entry trawl fishery are subject to the crossover provisions in this 
paragraph when making landings that include any one of the species in 
the flatfish complex.



Sec. 660.130   Trawl fishery--management measures.

    (a) General. Limited entry trawl vessels include those vessels 
registered to a limited entry permit with a trawl endorsement. Most 
species taken in limited entry trawl fisheries will be managed with 
cumulative trip limits (see trip limits in Tables 1 (North) and 1 
(South) of this subpart), size limits (see Sec. 660.60(h)(5), subpart 
C), seasons (see Pacific whiting at Sec. 660.131(b), subpart D), gear 
restrictions (see paragraph (b) of this section) and closed areas (see 
paragraph (e) of this section and Sec. Sec. 660.70 through 660.79, 
subpart C). The trawl fishery has gear requirements and trip limits that 
differ by the type of trawl gear on board and the area fished. Cowcod 
retention is prohibited in all fisheries and groundfish vessels 
operating south of Point Conception must adhere to CCA restrictions (see 
paragraph (e)(1) of this section and Sec. 660.70, subpart C). The trip 
limits in Tables 1 (North) and 1 (South) of this subpart apply to 
vessels participating in the limited entry groundfish trawl fishery and 
may not be exceeded. Federal commercial groundfish regulations are not 
intended to supersede any more restrictive state commercial groundfish 
regulations relating to federally-managed groundfish.
    (b) Trawl gear requirements and restrictions. Trawl nets may be 
fished with or without otter boards, and may use warps or cables to herd 
fish.
    (1) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (2) Mesh size. Groundfish trawl gear must meet the minimum mesh size 
requirements in this paragraph. Mesh size requirements apply throughout 
the net. Minimum trawl mesh sizes are: Bottom trawl, 4.5 inches (11.4 
cm); midwater trawl, 3.0 inches (7.6 cm). Minimum trawl mesh size 
requirements are met if a 20-gauge stainless steel wedge, less one 
thickness of the metal wedge, can be passed with only thumb pressure 
through at least 16 of 20 sets of two meshes each of wet mesh.
    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net's circumference. No section of chafing gear may be longer 
than 50 meshes of the net to which it is attached. Chafing gear may be 
used only on the last 50 meshes, measured from the terminal (closed) end 
of the codend. Except at the corners, the terminal end of each section 
of chafing gear on all trawl gear must not be connected to the net. (The 
terminal end is the end farthest from the mouth of the net.) Chafing 
gear must be attached outside any riblines and restraining straps. There 
is no limit on the number of sections of chafing gear on a net.
    (4) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the

[[Page 85]]

EEZ, as defined by latitude/longitude coordinates at Sec. 660.75, 
subpart C.
    (5) Small footrope trawl gear. Small footrope gear is bottom trawl 
gear with a footrope diameter of 8 inches (20 cm) or smaller (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Other lines or ropes that run parallel to the footrope 
may not be augmented with material encircling or tied along their length 
such that they have a diameter larger than 8 inches (20 cm). For 
enforcement purposes, the footrope will be measured in a straight line 
from the outside edge to the opposite outside edge at the widest part on 
any individual part, including any individual disk, roller, bobbin, or 
any other device.
    (i) Selective flatfish trawl gear. Selective flatfish trawl gear is 
a type of small footrope trawl gear. The selective flatfish trawl net 
must be a two-seamed net with no more than two riblines, excluding the 
codend. The breastline may not be longer than 3 ft (0.92 m) in length. 
There may be no floats along the center third of the headrope or 
attached to the top panel except on the riblines. The footrope must be 
less than 105 ft (32.26 m) in length. The headrope must be not less than 
30 percent longer than the footrope. An explanatory diagram of a 
selective flatfish trawl net is provided as Figure 1 of part 660, 
subpart D.
    (ii) [Reserved]
    (6) Midwater (or pelagic) trawl gear. Midwater trawl gear must have 
unprotected footropes at the trawl mouth, and must not have rollers, 
bobbins, tires, wheels, rubber discs, or any similar device anywhere on 
any part of the net. The footrope of midwater gear may not be enlarged 
by encircling it with chains or by any other means. Ropes or lines 
running parallel to the footrope of midwater trawl gear must be bare and 
may not be suspended with chains or any other materials. Sweep lines, 
including the bottom leg of the bridle, must be bare. For at least 20 ft 
(6.15 m) immediately behind the footrope or headrope, bare ropes or mesh 
of 16-inch (40.6-cm) minimum mesh size must completely encircle the net. 
A band of mesh (a ``skirt'') may encircle the net under transfer cables, 
lifting or splitting straps (chokers), but must be: over riblines and 
restraining straps; the same mesh size and coincide knot-to-knot with 
the net to which it is attached; and no wider than 16 meshes.
    (c) Cumulative trip limits and prohibitions by limited entry trawl 
gear type. Management measures may vary depending on the type of trawl 
gear (i.e., large footrope, small footrope, selective flatfish, or 
midwater trawl gear) used and/or on board a vessel during a fishing 
trip, cumulative limit period, and the area fished. Trawl nets may be 
used on and off the seabed. For some species or species groups, Table 1 
(North) and Table 1 (South) of this subpart provide cumulative and/or 
trip limits that are specific to different types of trawl gear: large 
footrope, small footrope (including selective flatfish), selective 
flatfish, midwater, and multiple types. If Table 1 (North) and Table 1 
(South) of this subpart provide gear specific limits for a particular 
species or species group, it is unlawful to take and retain, possess or 
land that species or species group with limited entry trawl gears other 
than those listed.
    (1) Fishing with large footrope trawl gear. It is unlawful for any 
vessel using large footrope gear to fish for groundfish shoreward of the 
RCAs defined at paragraph (e)(4) of this section and at Sec. Sec. 
660.70 through 660.74, subpart C. The use of large footrope gear is 
permitted seaward of the RCAs coastwide.
    (2) Fishing with small footrope trawl gear. North of 40[deg]10' N. 
lat., it is unlawful for any vessel using small footrope gear (except 
selective flatfish gear) to fish for groundfish or have small footrope 
trawl gear (except selective flatfish gear) onboard while fishing 
shoreward of the RCA defined at paragraph (d) of this section and at 
Sec. Sec. 660.70 through 660.74, subpart C. South of 40[deg]10' N. 
lat., small footrope gear is required shoreward of the RCA. Small 
footrope gear is permitted seaward of the RCA coastwide.
    (i) North of 40[deg]10' N. lat., selective flatfish gear is required 
shoreward of the RCA defined at paragraph (d) of this section and at 
Sec. Sec. 660.70, through 660.74, subpart C. South of 40[deg]10'N. 
lat., selective flatfish gear is permitted, but

[[Page 86]]

not required, shoreward of the RCA. The use of selective flatfish trawl 
gear is permitted seaward of the RCA coastwide.
    (ii) [Reserved]
    (3) Fishing with midwater trawl gear. North of 40[deg]10' N. lat., 
midwater trawl gear is permitted only for vessels participating in the 
primary Pacific whiting fishery (for details on the Pacific whiting 
fishery see Sec. 660.131, subpart D.) South of 40[deg]10' N. lat., the 
use of midwater trawl gear is prohibited shoreward of the RCA and 
permitted seaward of the RCA.
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 1 (North) or Table 1 (South) of this subpart must not be 
exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may have more than one type of limited entry bottom trawl gear on 
board, either simultaneously or successively, during a cumulative limit 
period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative limits and 
that vessel must fish seaward of the RCA during that limit period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear-cumulative limits during 
that limit period, regardless of whether the vessel is fishing shoreward 
or seaward of the RCA.
    (D) If more than one type of bottom trawl gear (selective flatfish, 
large footrope, or small footrope) is on board, either simultaneously or 
successively, at any time during a cumulative limit period, then the 
most restrictive cumulative limit associated with the bottom trawl gear 
on board during that cumulative limit period applies for the entire 
cumulative limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.120, subpart D.)
    (F) Midwater trawl gear is allowed only for vessels participating in 
the primary whiting season.
    (ii) The following restrictions apply to vessels operating south of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may not have small footrope trawl gear and any other type of 
bottom trawl gear onboard simultaneously.
    (B) For vessels using more than one type of trawl gear during a 
cumulative limit period, limits are additive up to the largest limit for 
the type of gear used during that period. (Example: If a vessel harvests 
300-lb (136 kg) of chilipepper rockfish with small footrope-gear, it may 
harvest up to 11,700-lb (5,209 kg) of chilipepper rockfish with large 
footrope gear during the July and August cumulative period, because the 
largest cumulative limit for chilipepper rockfish during that period is 
12,000-lb (5,443 kg) for large footrope gear.)
    (C) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.120, subpart D.)
    (d) Sorting. Under Sec. 660.12 (a)(8), subpart C, it is unlawful 
for any person to ``fail to sort, prior to the first weighing after 
offloading, those groundfish species or species groups for which there 
is

[[Page 87]]

a trip limit, size limit, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.'' The States of Washington, 
Oregon, and California may also require that vessels record their 
landings as sorted on their state landing receipt.
    (1) Coastwide. Widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (2) North of 40[deg]10' N. lat. POP, yellowtail rockfish;
    (3) South of 40[deg]10' N. lat. Minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, California scorpionfish, chilipepper 
rockfish, bocaccio rockfish, splitnose rockfish, Pacific sanddabs, 
cowcod, bronzespotted rockfish and cabezon.
    (e) Groundfish conservation areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The latitude 
and longitude coordinates of the GCA boundaries are specified at 
Sec. Sec. 660.70 through 660.74, subpart C. A vessel that is fishing 
within a GCA listed in this paragraph (d) with trawl gear authorized for 
use within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the limited 
entry trawl fishery. Additional closed areas that specifically apply to 
the Pacific whiting fisheries are described at Sec. 660.131(c), subpart 
D.
    (1) Cowcod conservation areas (CCAs). Vessels using limited entry 
trawl gear are prohibited from fishing within the CCAs. See Sec. 660.70 
for the coordinates that define the CCAs. Limited entry trawl vessels 
may transit through the Western CCA with their gear stowed and 
groundfish on board only in a corridor through the Western CCA bounded 
on the north by the latitude line at 33[deg]00.50' N. lat., and bounded 
on the south by the latitude line at 32[deg]59.50' N. lat. It is 
unlawful to take and retain, possess, or land groundfish within the 
CCAs, except as authorized in this paragraph, when those waters are open 
to fishing.
    (2) Farallon islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. (See Sec. 660.70, subpart C)
    (3) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C.
    (4) Trawl rockfish conservation areas. The trawl RCAs are closed 
areas, defined by specific latitude and longitude coordinates which are 
specified at Sec. Sec. 660.70 through 660.74, subpart C. Boundaries for 
the trawl RCAs applicable to groundfish trawl vessels throughout the 
year are provided in the header to Table 1 (North) and Table 1 (South) 
of this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.60(c), subpart C.
    (i) It is unlawful to operate a vessel with trawl gear onboard 
within the trawl RCA, except for the purpose of continuous transiting, 
or when the use of trawl gear is authorized in this section. It is 
lawful to fish with groundfish trawl gear within the trawl RCA only 
under the following conditions: vessels fishing with midwater trawl gear 
on Pacific whiting trips during the primary whiting season, provided a 
valid declaration report has been filed with NMFS OLE, as required at 
Sec. 660.12(d), subpart C; and vessels fishing with demersal seine gear 
between 38[deg] N. lat. and 36[deg] N. lat. shoreward of a boundary line 
approximating the 100 fm (183 m) depth contour as defined at Sec. 
660.73, subpart C, provided a valid declaration report has been filed.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either: below deck; or if the gear cannot

[[Page 88]]

readily be moved, in a secured and covered manner, detached from all 
towing lines, so that it is rendered unusable for fishing; or remaining 
on deck uncovered if the trawl doors are hung from their stanchions and 
the net is disconnected from the doors. These restrictions do not apply 
to vessels fishing with midwater trawl gear for whiting during a primary 
season.
    (iii) It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry trawl gear within the trawl RCA, unless 
otherwise authorized in this section.
    (iv) If a vessel fishes in the trawl RCA, it may not participate in 
any fishing on that trip that is prohibited within the trawl RCA. [For 
example, if a vessel fishes in the pink shrimp fishery within the RCA, 
the vessel cannot on the same trip fish in the DTS fishery seaward of 
the RCA.] Nothing in these Federal regulations supersedes any state 
regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (5) Essential fish habitat conservation areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.75 through 660.79, 
subpart C, where specified types of fishing are prohibited in accordance 
with Sec. 660.12, subpart C. EFHCAs apply to vessels using bottom trawl 
gear or to vessels using ``bottom contact gear,'' which is defined at 
Sec. 660.11, subpart C, to include bottom trawl gear, among other gear 
types.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.75 and 
660.76, subpart C.
    (B) Shoreward of a boundary line approximating the 100-fm (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.73, subpart 
C.
    (C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl gear 
is prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.77 through 660.78, 
subpart C: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, 
Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/
Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater 
off Coos Bay, Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with bottom trawl gear except demersal seine gear (defined at 
Sec. 660.11, subpart C) is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. 660.79, subpart C: Eel River Canyon, Blunts Reef, Mendocino Ridge, 
Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic 
Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half 
Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San 
Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank 
(within Cowcod Conservation Area West), Catalina Island, Potato Bank 
(within Cowcod Conservation Area West), Cherry Bank (within Cowcod 
Conservation Area West), and Cowcod EFH Conservation Area East.
    (ii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear, including bottom trawl gear is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.75 through 660.79, 
subpart C: Thompson Seamount, President Jackson Seamount, Cordell Bank 
(50 fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted 
Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, 
Footprint, Gull Island, South Point, and Santa Barbara. Fishing with 
bottom contact gear is also prohibited within the Davidson Seamount EFH 
Area, which is defined with specific latitude and longitude coordinates 
at Sec. 660.75, subpart C.

[[Page 89]]



Sec. 660.131   Pacific whiting fishery management measures.

    (a) Sectors. In order for a vessel to fish in a particular whiting 
fishery sector after May 11, 2009, that vessel must be registered for 
use with a sector-specific Pacific whiting vessel license under Sec. 
660.26, subpart C.
    (1) The catcher/processor sector is composed of catcher/processors, 
which are vessels that harvest and process whiting during a calendar 
year.
    (2) The mothership sector is composed of motherships and catcher 
vessels that harvest whiting for delivery to motherships. Motherships 
are vessels that process, but do not harvest, whiting during a calendar 
year.
    (3) The shorebased sector is composed of vessels that harvest 
whiting for delivery to Pacific whiting shoreside first receivers. 
Notwithstanding the other provisions of 50 CFR part 660, subpart C or D, 
a vessel that is 75 feet or less LOA that harvests whiting and, in 
addition to heading and gutting, cuts the tail off and freezes the 
whiting, is not considered to be a catcher/processor nor is it 
considered to be processing fish. Such a vessel is considered a 
participant in the shorebased whiting sector, and is subject to 
regulations and allocations for that sector.
    (b) Pacific whiting seasons.
    (1) Primary seasons. The primary seasons for the whiting fishery 
are:
    (i) For the shorebased sector, the period(s) when the large-scale 
target fishery is conducted (when trip limits under paragraph (b) of 
this section are not in effect);
    (ii) For catcher/processors, the period(s) when at-sea processing is 
allowed and the fishery is open for the catcher/processor sector; and
    (iii) For vessels delivering to motherships, the period(s) when at-
sea processing is allowed and the fishery is open for the mothership 
sector.
    (2) Before and after the primary seasons. Before and after the 
primary seasons, trip landing or frequency limits may be imposed under 
Sec. 660.60(c). The sectors are defined at Sec. 660.60(a).
    (3) Different primary season start dates. North of 40[deg]30' N. 
lat., different starting dates may be established for the catcher/
processor sector, the mothership sector, catcher vessels delivering to 
shoreside processors north of 42[deg] N. lat., and catcher vessels 
delivering to shoreside processors between 42[deg] N. lat. through 
40[deg]30' N. lat.
    (i) Procedures. The primary seasons for the whiting fishery north of 
40[deg]30' N. lat. generally will be established according to the 
procedures of the PCGFMP for developing and implementing harvest 
specifications and apportionments. The season opening dates remain in 
effect unless changed, generally with the harvest specifications and 
management measures.
    (ii) Criteria. The start of a primary season may be changed based on 
a recommendation from the Council and consideration of the following 
factors, if applicable: Size of the harvest guidelines for whiting and 
bycatch species; age/size structure of the whiting population; expected 
harvest of bycatch and prohibited species; availability and stock status 
of prohibited species; expected participation by catchers and 
processors; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (iii) Primary whiting season start dates and duration. After the 
start of a primary season for a sector of the whiting fishery, the 
season remains open for that sector until the quota is taken or a 
bycatch limit is reached and the fishery season for that sector is 
closed by NMFS. The starting dates for the primary seasons for the 
whiting fishery are as follows:
    (A) Catcher/processor sector--May 15.
    (B) Mothership sector--May 15.
    (C) Shorebased sector
    (1) North of 42[deg] N. lat.--June 15;
    (2) Between 42[deg]-40[deg]30' N. lat.--April 1; and
    (3) South of 40[deg]30' N. lat.--April 15.
    (4) Trip limits in the whiting fishery. The ``per trip'' limit for 
whiting before and after the regular (primary) season for the shorebased 
sector is announced in Table 1 of this subpart, and is a routine 
management measure under Sec. 660.60(c). This trip limit includes any 
whiting caught shoreward of 100-fm (183-m) in the Eureka, CA area. The 
``per trip'' limit for other groundfish species before, during, and 
after the

[[Page 90]]

regular (primary) season are announced in Table 1 (North) and Table 1 
(South) of this subpart and apply as follows:
    (i) During the groundfish cumulative limit periods both before and 
after the primary whiting season, vessels may use either small and/or 
large footrope gear, but are subject to the more restrictive trip limits 
for those entire cumulative periods.
    (ii) If, during a primary whiting season, a whiting vessel harvests 
a groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or end of the primary whiting season.
    (5) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be established, adjusted, and used inseason to 
close a sector or sectors of the whiting fishery to achieve the 
rebuilding of an overfished or depleted stock. These limits are routine 
management measures under Sec. 660.60(c), subpart C, and, as such, may 
be adjusted inseason or may have new species added to the list of those 
with bycatch limits. Closure of a sector or sectors when a bycatch limit 
is projected to be reached is an automatic action under Sec. 660.60(d), 
subpart C.
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec. 660.55(i)(2), subpart C. The sector specific bycatch limits are: 
For catcher/processors 4.8 mt of canary rockfish, 95 mt of widow 
rockfish, and 8.5 mt of darkblotched rockfish; for motherships 3.3 mt of 
canary rockfish, 67 mt of widow rockfish, and 6.0 mt of darkblotched 
rockfish; and for shorebased 5.9 mt of canary rockfish, 117 mt of widow 
rockfish, and 10.5 mt of darkblotched rockfish.
    (ii) The Regional Administrator may make available for harvest to 
the other sectors of the whiting fishery identified in Sec. 660.131(a) 
of this subpart, the amounts of a sector's bycatch limit species 
remaining when a sector is closed because its whiting allocation or a 
bycatch limit has been reached or is projected to be reached. The 
remaining bycatch limit species shall be redistributed in proportion to 
each sector's initial whiting allocation. When considering 
redistribution of bycatch limits between the sectors of the whiting 
fishery, the Regional Administrator will take into consideration the 
best available data on total projected fishing impacts on the bycatch 
limit species, as well as impacts on other groundfish species.
    (iii) If a bycatch limit is reached or is projected to be reached, 
the following action, applicable to the sector may be taken.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed whiting 
may be brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shorebased sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shorebased 
sector except as authorized under a trip limit specified under Sec. 
660.60(c), subpart C.
    (iv) The Regional Administrator will announce in the Federal 
Register when a bycatch limit is reached, or is projected to be reached, 
specifying the action being taken as specified under paragraph (b)(5) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of bycatch limit species. In order to 
prevent exceeding the bycatch limits or to avoid underutilizing the 
Pacific whiting resource, prohibitions against further taking and 
retaining,

[[Page 91]]

receiving, or at-sea processing of whiting, or reapportionment of 
bycatch limits species may be made effective immediately by actual 
notice to fishers and processors, by e-mail, Internet (http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/
Whiting-Management/index.cfm), phone, fax, letter, press release, and/or 
USCG Notice to Mariners (monitor channel 16 VHF), followed by 
publication in the Federal Register.
    (6) Pacific whiting allocation attainment and inseason allocation 
reapportionment. (i) Reaching an allocation. If the whiting harvest 
guideline, commercial harvest guideline, or a sector's allocation is 
reached, or is projected to be reached, the following action(s) for the 
applicable sector(s) may be taken as provided under paragraph (b)(6)(iv) 
of this section and will remain in effect until additional amounts are 
made available the next calendar year or under paragraph (b)(6)(ii) of 
this section.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed whiting 
may be brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shore-based sector coastwide. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
shore-based sector except as authorized under a trip limit specified 
under Sec. 660.60(c).
    (D) Shore-based south of 42[deg] N. lat. If 5 percent of the shore-
based allocation for whiting is taken and retained south of 42[deg] N. 
lat. before the primary season for the shore-based sector begins north 
of 42[deg] N. lat., then a trip limit specified under Sec. 660.60(c) 
may be implemented south of 42[deg] N. lat. until the northern primary 
season begins, at which time the southern primary season would resume.
    (ii) Reapportionments. That portion of a sector's allocation that 
the Regional Administrator determines will not be used by the end of the 
fishing year shall be made available for harvest by the other sectors, 
if needed, in proportion to their initial allocations, on September 15 
or as soon as practicable thereafter. NMFS may release whiting again at 
a later date to ensure full utilization of the resource. Whiting not 
needed in the fishery authorized under Sec. 660.50 may also be made 
available.
    (iii) Estimates. Estimates of the amount of whiting harvested will 
be based on actual amounts harvested, projections of amounts that will 
be harvested, or a combination of the two. Estimates of the amount of 
Pacific whiting that will be used by shore-based processors by the end 
of the calendar year will be based on the best information available to 
the Regional Administrator from state catch and landings data, the 
testimony received at Council meetings, and/or other relevant 
information.
    (iv) Announcements. The Regional Administrator will announce in the 
Federal Register when a harvest guideline, commercial harvest guideline, 
or an allocation of whiting is reached, or is projected to be reached, 
specifying the appropriate action being taken under paragraph (b)(6)(i) 
of this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of surplus whiting to others sectors on 
September 15, or as soon as practicable thereafter. In order to prevent 
exceeding the limits or to avoid underutilizing the resource, 
prohibitions against further taking and retaining, receiving, or at-sea 
processing of whiting, or reapportionment of surplus whiting may be made 
effective immediately by actual notice to fishers and processors, by e-
mail, internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-
Fishery-Management/Whiting-Management/index.cfm), phone, fax, letter, 
press release, and/or USCG Notice to Mariners (monitor

[[Page 92]]

channel 16 VHF), followed by publication in the Federal Register, in 
which instance public comment will be sought for a reasonable period of 
time thereafter.
    (c) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (1) Klamath river salmon conservation zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41[deg]38.80' N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124[deg]23' W. long. (approximately 12 nm from 
shore), and on the south by 41[deg]26.80' N. lat. (approximately 6 nm 
south of the Klamath River mouth).
    (2) Columbia river salmon conservation zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46[deg]18' N. lat. to 124[deg]13.30' 
W. long., then southerly along a line of 167 True to 46[deg]11.10' N. 
lat. and 124[deg]11' W. long. (Columbia River Buoy), then northeast 
along Red Buoy Line to the tip of the south jetty.
    (3) Ocean salmon conservation zone. All waters shoreward of a 
boundary line approximating the 100 fm (183 m) depth contour. Latitude 
and longitude coordinates defining the boundary line approximating the 
100 fm (183 m) depth contour are provided at Sec. 660.73, subpart C. 
This closure will be implemented through automatic action, defined at 
Sec. 660.60(d), subpart C, when NMFS projects the Pacific whiting 
fishery may take in excess of 11,000 Chinook within a calendar year.
    (4) Pacific whiting bycatch reduction areas (BRAs). Vessels using 
limited entry midwater trawl gear during the primary whiting season may 
be prohibited from fishing shoreward of a boundary line approximating 
the 75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) depth contours. 
Latitude and longitude coordinates for the boundary lines approximating 
the depth contours are provided at Sec. 660.73, subpart C. Closures may 
be implemented inseason for a sector(s) through automatic action, 
defined at Sec. 660.60(d), subpart C, when NMFS projects that a sector 
will exceed a bycatch limit specified for that sector before the 
sector's whiting allocation is projected to be reached.
    (d) Eureka area trip limits. Trip landing or frequency limits may be 
established, modified, or removed under Sec. 660.60, subpart C, or 
Sec. 660.131, subpart D, specifying the amount of Pacific whiting that 
may be taken and retained, possessed, or landed by a vessel that, at any 
time during a fishing trip, fished in the fishery management area 
shoreward of the 100 fathom (183 m) contour (as shown on NOAA Charts 
18580, 18600, and 18620) in the Eureka area (from 43 00' to 40 30' N. 
lat.). Unless otherwise specified, no more than 10,000-lb (4,536 kg) of 
whiting may be taken and retained, possessed, or landed by a vessel 
that, at any time during a fishing trip, fished in the fishery 
management area shoreward of the 100 fm (183 m) contour (as shown on 
NOAA Charts 18580, 18600, and 18620) in the Eureka management area 
(defined at Sec. 660.11, subpart C).
    (e) At-sea processing. Whiting may not be processed at sea south of 
42[deg]00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (i) of this section.
    (f) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area south of 42[deg]00' N. lat. 
between 0001 hours to one-half hour after official sunrise (local time). 
During this time south of 42[deg]00' N. lat., trawl doors must be on 
board any vessel used to fish for whiting and the trawl must be attached 
to the trawl doors. Official sunrise is determined, to the nearest 
5[deg] lat., in The Nautical Almanac issued annually by the Nautical 
Almanac Office, U.S. Naval Observatory, and available from the U.S. 
Government Printing Office.
    (g) Additional restrictions on catcher/processors. (1) A catcher/
processor may receive fish from a catcher vessel, but that catch is 
counted against the catcher/processor allocation unless the catcher/
processor has been declared as a mothership under paragraph (g)(3) of 
this section.
    (2) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same calendar 
year.

[[Page 93]]

    (3) When renewing its limited entry permit each year under Sec. 
660.25, subpart C, the owner of a catcher/processor used to take and 
retain whiting must declare if the vessel will operate solely as a 
mothership in the whiting fishery during the calendar year to which its 
limited entry permit applies. Any such declaration is binding on the 
vessel for the calendar year, even if the permit is transferred during 
the year, unless it is rescinded in response to a written request from 
the permit holder. Any request to rescind a declaration must be made by 
the permit holder and granted in writing by the Regional Administrator 
before any unprocessed whiting has been taken on board the vessel that 
calendar year.
    (h) Pacific whiting first receivers. (1) Pacific whiting shoreside 
first receivers and processors may receive groundfish species, other 
than Pacific Whiting, that is in excess of trip limits from a Pacific 
whiting shoreside vessel that is fishing under an EFP that authorizes 
the vessel to possess the catch.
    (i) Bycatch reduction and full utilization program for at-sea 
processors (optional). If a catcher/processor or mothership in the 
whiting fishery carries more than one NMFS-approved observer for at 
least 90 percent of the fishing days during a cumulative trip limit 
period, then groundfish trip limits may be exceeded without penalty for 
that cumulative trip limit period, if the conditions in paragraph (h)(2) 
of this section are met. For purposes of this program, ``fishing day'' 
means a 24-hour period, from 0001 hours through 2400 hours, local time, 
in which fishing gear is retrieved or catch is received by the vessel, 
and will be determined from the vessel's observer data, if available. 
Changes to the number of observers required for a vessel to fish under 
in the bycatch reduction program will be announced prior to the start of 
the fishery, generally concurrent with the harvest specifications and 
management measures. Groundfish consumed on board the vessel must be 
within any applicable trip limit and recorded as retained catch in any 
applicable logbook or report. [Note: For a mothership, non-whiting 
groundfish landings are limited by the cumulative landings limits of the 
catcher vessels delivering to that mothership.]
    (ii) [Reserved]
    (2) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (i) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (ii) Any retained catch in excess of cumulative trip limits must 
either be: Converted to meal, mince, or oil products, which may then be 
sold; or donated to a bona fide tax-exempt hunger relief organization 
(including food banks, food bank networks or food bank distributors), 
and the vessel operator must be able to provide a receipt for the 
donation of groundfish landed under this program from a tax-exempt 
hunger relief organization immediately upon the request of an authorized 
officer.
    (iii) No processor or catcher vessel may receive compensation or 
otherwise benefit from any amount in excess of a cumulative trip limit 
unless the overage is converted to meal, mince, or oil products. Amounts 
of fish in excess of cumulative trip limits may only be sold as meal, 
mince, or oil products.
    (iv) The vessel operator must contact the NMFS enforcement office 
nearest to the place of landing at least 24 hours before landing 
groundfish in excess of cumulative trip limits for distribution to a 
hunger relief agency. Cumulative trip limits and a list of NMFS 
enforcement offices are found on the NMFS, Northwest Region homepage at 
http://www.nwr.noaa.gov.
    (v) If the meal plant on board the whiting processing vessel breaks 
down, then no further overages may be retained for the rest of the 
cumulative trip limit period unless the overage is donated to a hunger 
relief organization.
    (vi) Prohibited species may not be retained.
    (vii) Donation of fish to a hunger relief organization must be noted 
in the transfer log (Product Transfer/Offloading Log (PTOL)), in the 
column for total value, by entering a value of ``0'' or ``donation,'' 
followed by the name of the hunger relief organization receiving the 
fish. Any fish or fish product that is retained in excess of trip limits

[[Page 94]]

under this rule, whether donated to a hunger relief organization or 
converted to meal, must be entered separately on the PTOL so that it is 
distinguishable from fish or fish products that are retained under trip 
limits. The information on the Mate's Receipt for any fish or fish 
product in excess of trip limits must be consistent with the information 
on the PTOL. The Mate's Receipt is an official document that states who 
takes possession of offloaded fish, and may be a Bill of Lading, 
Warehouse Receipt, or other official document that tracks the transfer 
of offloaded fish or fish product. The Mate's Receipt and PTOL must be 
made available for inspection upon request of an authorized officer 
throughout the cumulative limit period during which such landings 
occurred and for 15 days thereafter.
    (j) Processing fish waste at sea. A vessel that processes only fish 
waste (a ``waste-processing vessel'') is not considered a whiting 
processor and therefore is not subject to the allocations, seasons, or 
restrictions for catcher/processors or motherships while it operates as 
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary season 
for whiting in which the vessel operates as a catcher/processor or 
mothership. A vessel must meet the following conditions to qualify as a 
waste-processing vessel:
    (1) The vessel makes meal (ground dried fish), oil, or minced 
(ground flesh) product, but does not make, and does not have on board, 
surimi (fish paste with additives), fillets (meat from the side of the 
fish, behind the head and in front of the tail), or headed and gutted 
fish (head and viscera removed).
    (2) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under Sec. 660.60(c), subpart C, or Tables 1 
(North) or 1 (South) in subpart D.
    (3) Any trawl net and doors on board are stowed in a secured and 
covered manner, and detached from all towing lines, so as to be rendered 
unusable for fishing.
    (4) The vessel does not receive codends containing fish.
    (5) The vessel's operations are consistent with applicable state and 
Federal law, including those governing disposal of fish waste at sea.
    (k) Additional requirements for participants in the Pacific whiting 
shoreside fishery--(1) Pacific whiting shoreside first receiver 
responsibilities--(i) Weights and measures. All groundfish weights 
reported on electronic fish tickets must be recorded from scales with 
appropriate weighing capacity that ensures accuracy for the amount of 
fish being weighed. For example: amounts of fish less than 1,000-lb (454 
kg) should not be weighed on scales that have an accuracy range of 
1,000-lb to 7,000-lb (454--3,175 kg) and are therefore not capable of 
accurately weighing amounts less than 1,000-lb (454 kg).
    (ii) [Reserved]
    (2) Sorting requirements for the Pacific whiting shoreside fishery. 
Fish delivered to Pacific whiting shoreside first receivers (including 
shoreside processing facilities and buying stations that intend to 
transport catch for processing elsewhere) must be sorted, prior to first 
weighing after offloading from the vessel and prior to transport away 
from the point of landing, to the species groups specified in Sec. 
660.60(h)(6), subpart C, for vessels with limited entry permits. 
Prohibited species must be sorted according to the following species 
groups: Dungeness crab, Pacific halibut, Chinook salmon, Other salmon. 
Non-groundfish species must be sorted as required by the state of 
landing.



Sec. 660.140  Shorebased IFQ Program.

    (a) General. The Shorebased IFQ Program requirements in Sec. 
660.140 will be effective beginning January 1, 2011, except for 
paragraphs (d)(4), (d)(6), and (d)(8) of this section, which are 
effective immediately. The Shorebased IFQ Program applies to qualified 
participants in the Pacific Coast Groundfish fishery and includes a 
system of transferable QS for most groundfish species or species groups, 
IBQ for Pacific halibut, and trip limits or set-asides for the remaining 
groundfish species or species groups. The IFQ Program is subject to area 
restrictions (GCAs, RCAs, and EFHCAs) listed at Sec. Sec. 660.70 
through 660.79, subpart C. The

[[Page 95]]

Shorebased IFQ Program may be restricted or closed as a result of 
projected overages within the Shorebased IFQ Program, the MS Coop 
Program, or the C/P Coop Program. As determined necessary by the 
Regional Administrator, area restrictions, season closures, or other 
measures will be used to prevent the trawl sector in aggregate or the 
individual trawl sectors (Shorebased IFQ, MS Coop, or C/P Coop) from 
exceeding an OY, or formal allocation specified in the PCGFMP or 
regulation at Sec. 660.55, subpart C, or Sec. Sec. 660.140, 660.150, 
or 660.160, subpart D.
    (b) Participation requirements. [Reserved]
    (1) QS permit owners. [Reserved]
    (2) IFQ vessels. [Reserved]
    (c) IFQ species and allocations.
    (1) IFQ species. IFQ species are those groundfish species and 
Pacific halibut in the exclusive economic zone or adjacent state waters 
off Washington, Oregon and California, under the jurisdiction of the 
Pacific Fishery Management Council, for which QS and IBQ will be issued. 
QS and IBQ will specify designations for the species/species groups and 
area to which it applies. QS and QP species groupings and area 
subdivisions will be those for which OYs are specified in the Tables 1a 
through 2d, subpart C, and those for which there is an area-specific 
precautionary harvest policy. QS for remaining minor rockfish will be 
aggregated for the shelf and slope depth strata (nearshore species are 
excluded). The following are the IFQ species:

                               IFQ Species
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
--------------------------------Roundfish-------------------------------
------------------------------------------------------------------------
Lingcod.
Pacific cod.
Pacific whiting.
Sablefish north of 36[deg] N. lat.
Sablefish south of 36[deg] N. lat.
------------------------------------------------------------------------
                                Flatfish
------------------------------------------------------------------------
Dover sole.
English sole.
Petrale sole.
Arrowtooth flounder.
Starry flounder.
Other Flatfish stock complex.
Pacific halibut (IBQ) north of 40[deg]10'.
------------------------------------------------------------------------
                                Rockfish
------------------------------------------------------------------------
Pacific ocean perch.
Widow rockfish.
Canary rockfish.
Chilipepper rockfish.
Bocaccio.
Splitnose rockfish.
Yellowtail rockfish.
Shortspine thornyhead north of 34[deg]27' N. lat.
Shortspine thornyhead south of 34[deg]27' N. lat.
Longspine thornyhead north of 34[deg]27' N. lat.
Cowcod.
Darkblotched.
Yelloweye.
Minor Rockfish North slope species complex.
Minor Rockfish North shelf species complex.
Minor Rockfish South slope species complex.
Minor Rockfish South shelf species complex.
------------------------------------------------------------------------

     (2) IFQ program allocations. Allocations for the Shorebased IFQ 
Program are determined for IFQ species as follows:
    (i) For Pacific whiting, the Shorebased IFQ Program allocation is 
specified at Sec. 660.55(i)(2), subpart C, 42 percent.
    (ii) For Sablefish N. of 36[deg] N. lat., the Shorebased IFQ Program 
allocation is the limited entry trawl allocation specified at Sec. 
660.55(h), subpart C, minus any set-asides for the mothership and C/P 
sectors for that species.
    (iii) For IFQ species listed in the trawl/nontrawl allocation table, 
specified at Sec. 660.55(c), subpart C, allocations are determined by 
applying the trawl column percent to the fishery harvest guideline minus 
any set-asides for the mothership and C/P sectors for that species and 
minus allocations for darkblotched rockfish, POP, and widow rockfish.
    (iv) The remaining IFQ species (canary rockfish, bocaccio, cowcod, 
yelloweye rockfish, minor shelf rockfish N. of 40[deg]10' N. lat., and 
minor shelf rockfish S. of 40[deg]10' N. lat., and minor slope rockfish 
S. of 40[deg]10' N. lat.) are allocated through the biennial 
specifications and management measures process minus any set-asides for 
the mothership and C/P sectors for that species.
    (v) For Pacific halibut N. of 40[deg]10' N. lat., the Shorebased IFQ 
Program allocation is specified at 660.55(m).
    (vi) Annual sub-allocations of IFQ species to individual QS permits 
and QS accounts are based on the percent of QS or IBQ registered to the 
account

[[Page 96]]

and the amount of fish or bycatch mortality allocated to the Shorebased 
IFQ Program.
    (d) QS permits and QS accounts--(1) General. In order to obtain QS 
or IBQ, a person must apply for a QS permit. NMFS will determine if the 
applicant is eligible to acquire QS or IBQ in compliance with the 
accumulation limits found at paragraph (d)(4) of this section. For those 
persons that are found to be eligible for a QS permit, NMFS will issue 
QS or IBQ and establish a QS account. QP or IBQ pounds will be issued 
annually at the start of the calendar year to a QS account based on the 
percent of QS or IBQ registered to the account and the amount of fish or 
bycatch mortality allocated to the Shorebased IFQ Program. QP or IBQ 
pounds will be issued to the nearest whole pound using standard rounding 
rules (i.e. decimal amounts from zero up to 0.5 round down and 0.5 up to 
1.0 round up), except that issuance of QP for overfished species greater 
than zero but less than one pound will be rounded up to one pound in the 
first year of the Shorebased IFQ Program. QS or IBQ owners must transfer 
their QP or IBQ pounds from their QS account to a vessel account in 
order for those QP or IBQ pounds to be fished. QP or IBQ pounds must be 
transferred in whole pounds (i.e. no fraction of a QP or IBQ pound can 
be transferred). All QP or IBQ pounds in a QS account must be 
transferred to a vessel account by September 1 of each year.
    (2) Eligibility and registration. [Reserved]
    (3) Renewal, change of permit ownership, and transfer. [Reserved]
    (4) Accumulation limits--(i) QS and IBQ control limits. QS and IBQ 
control limits are accumulation limits and are the amount of QS and IBQ 
that a person, individually or collectively, may own or control. QS and 
IBQ control limits are expressed as a percentage of the Shorebased IFQ 
Program's allocation.
    (A) Control limits for individual species. No person may own or 
control, or have a controlling influence over, by any means whatsoever 
an amount of QS or IBQ for any individual species that exceeds the 
Shorebased IFQ Program accumulation limits.
    (B) Control limit for aggregate nonwhiting QS holdings. To determine 
how much aggregate nonwhiting QS a person holds, NMFS will convert the 
person's QS to pounds. This conversion will always be conducted using 
the trawl allocations applied to the 2010 OYs, until such time as the 
Council recommends otherwise. Specifically, NMFS will multiply each 
person's QS for each species by the shoreside trawl allocation for that 
species. The person's pounds for all nonwhiting species will be summed 
and divided by the shoreside trawl allocation of all nonwhiting species 
to calculate the person's share of the aggregate nonwhiting trawl quota. 
To determine the shoreside trawl allocation for the purpose of 
determining compliance with the aggregate nonwhiting control limit, for 
species that have specific trawl allocation percentages in Amendment 21, 
NMFS will apply the Amendment 21 trawl allocation percentages to (set 
forth at Sec. 660.55) the 2010 OYs, and where applicable, will deduct 
the preliminary set-asides for the at-sea sectors from Amendment 21. For 
species that do not have specific trawl allocation percentages in 
Amendment 21, NMFS will apply a percentage based on the Northwest 
Fishery Science Center final report on 2010 estimated total fishing 
mortality of groundfish by sector, or, if the final report for 2010 is 
not available, based on the most recent report available.
    (C) The Shorebased IFQ Program accumulation limits are as follows:

------------------------------------------------------------------------
                                                        QS control limit
                   Species category                        (percent)
------------------------------------------------------------------------
Non-whiting Groundfish Species.......................                2.7
Lingcod--coastwide...................................                2.5
Pacific Cod..........................................               12.0
Pacific whiting (shoreside)..........................               10.0
Sablefish:
    N. of 36[deg] (Monterey north)...................                3.0
    S. of 36[deg] (Conception area)..................               10.0
PACIFIC OCEAN PERCH..................................                4.0
WIDOW ROCKFISH.......................................                5.1
CANARY ROCKFISH......................................                4.4
Chilipepper Rockfish.................................               10.0
BOCACCIO.............................................               13.2
Splitnose Rockfish...................................               10.0
Yellowtail Rockfish..................................                5.0
Shortspine Thornyhead:
    N. of 34[deg]27'.................................                6.0
    S. of 34[deg]27'.................................                6.0
Longspine Thornyhead:
    N. of 34[deg]27'.................................                6.0
COWCOD...............................................               17.7
DARKBLOTCHED.........................................                4.5

[[Page 97]]

 
YELLOWEYE............................................                5.7
Minor Rockfish North:
Shelf Species........................................                5.0
Slope Species........................................                5.0
Minor Rockfish South:
Shelf Species........................................                9.0
Slope Species........................................                6.0
Dover sole...........................................                2.6
English Sole.........................................                5.0
Petrale Sole.........................................                3.0
Arrowtooth Flounder..................................               10.0
Starry Flounder......................................               10.0
Other Flatfish.......................................               10.0
Pacific Halibut (IBQ) N. of 40[deg]10'...............                5.4
------------------------------------------------------------------------

     (ii) Ownership--individual and collective rule. The QS or IBQ that 
counts toward a person's accumulation limit will include:
    (A) The QS or IBQ owned by that person, and
    (B) That portion of the QS or IBQ owned by an entity in which that 
person has an economic or financial interest, where the person's share 
of interest in that entity will determine the portion of that entity's 
QS or IBQ that counts toward the person's limit.
    (iii) Control. Control means, but is not limited to, the following:
    (A) The person has the right to direct, or does direct, in whole or 
in part, the business of the entity to which the QS or IBQ are 
registered;
    (B) The person has the right to limit the actions of or replace, or 
does limit the actions of or replace, the chief executive officer, a 
majority of the board of directors, any general partner, or any person 
serving in a management capacity of the entity to which the QS or IBQ 
are registered;
    (C) The person has the right to direct, or does direct, and/or the 
right to prevent or delay, or does prevent or delay, the transfer of QS 
or IBQ, or the resulting QP or IBQ pounds;
    (D) The person, through loan covenants or any other means, has the 
right to restrict, or does restrict, and/or has a controlling influence 
over the day to day business activities or management policies of the 
entity to which the QS or IBQ are registered;
    (E) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, through loan covenants 
or any other means, has the right to restrict, or does restrict, any 
activity related to QS or IBQ or QP or IBQ pounds, including, but not 
limited to, use of QS or IBQ, or the resulting QP or IBQ pounds, or 
disposition of fish harvested under the resulting QP or IBQ pounds;
    (F) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, has the right to 
control, or does control, the management of, or to be a controlling 
factor in, the entity to which the QS or IBQ, or the resulting QP or IBQ 
pounds, are registered;
    (G) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, has the right to cause 
or prevent, or does cause or prevent, the sale, lease or other 
disposition of QS or IBQ, or the resulting QP or IBQ pounds; and
    (H) The person has the ability through any means whatsoever to 
control or have a controlling influence over the entity to which QS or 
IBQ is registered.
    (iv) Trawl identification of ownership interest form. Any person 
that owns a limited entry trawl permit and is applying for a QS permit 
shall document those persons that have an ownership interest in the 
limited entry trawl or QS permit greater than or equal to 2 percent. 
This ownership interest must be documented with SFD via the Trawl 
Identification of Ownership Interest Form. SFD will not issue a QS 
permit unless the Trawl Identification of Ownership Interest Form has 
been completed. Further, if SFD discovers through review of the Trawl 
Identification of Ownership Interest Form that a person owns or controls 
more than the accumulation limits and is not authorized to do so under 
paragraph (d)(4)(v) of this section, the person will be notified and the 
QS permit will be issued up to the accumulation limit specified in the 
QS or IBQ control limit table from paragraph (d)(4)(i) of this section. 
NMFS may request additional information of the applicant as necessary to 
verify compliance with accumulation limits.
    (v) Divestiture. Accumulation limits will be calculated by first 
calculating the aggregate nonwhiting QS limit and then the individual 
species QS or IBQ control limits. For QS permit owners

[[Page 98]]

(including any person who has ownership interest in the owner named on 
the permit) that are found to exceed the accumulation limits during the 
initial issuance of QS permits, an adjustment period will be provided 
after which they will have to completely divest of QS or IBQ in excess 
of the accumulation limits. QS or IBQ will be issued for amounts in 
excess of accumulation limits only for owners of limited entry permits 
transferred to them by November 8, 2008, if such transfers of ownership 
have been registered with NMFS by November 30, 2008. The owner of any 
permit transferred after November 8, 2008, or if transferred earlier, 
not registered with NMFS by November 30, 2008, will only be eligible to 
receive an initial allocation for that permit of those QS or IBQ that 
are within the accumulation limits; any QS or IBQ in excess of the 
accumulation limits will be redistributed to the remainder of the 
initial recipients of QS or IBQ in proportion to each recipient's 
initial allocation of QS or IBQ for each species. Any person that 
qualifies for an initial allocation of QS or IBQ in excess of the 
accumulation limits will be allowed to receive that allocation, but must 
divest themselves of the excess QS or IBQ during years three and four of 
the IFQ program. Holders of QS or IBQ in excess of the control limits 
may receive and use the QP or IBQ pounds associated with that excess, up 
to the time their divestiture is completed. At the end of year 4 of the 
IFQ program, any QS or IBQ held by a person (including any person who 
has ownership interest in the owner named on the permit) in excess of 
the accumulation limits will be revoked and redistributed to the 
remainder of the of the QS or IBQ owners in proportion to the QS or IBQ 
holdings in year 5. No compensation will be due for any revoked shares.
    (5) Appeals. [Reserved]
    (6) Fees. The Regional Administrator is authorized to charge fees 
for administrative costs associated with the issuance of a QS permit 
consistent with the provisions given at Sec. 660.25(f), subpart C.
    (7) [Reserved]
    (8) Application requirements and initial issuance for QS permit and 
QS/IBQ--(i) Additional definitions. The following definitions are 
applicable to paragraph (d)(8) of this section and apply to terms used 
for the purposes of application requirements and initial issuance of QS 
permits and QS/IBQ:
    (A) Nonwhiting trip means a fishing trip where less than 50 percent 
by weight of all fish reported on the state landing receipt is whiting.
    (B) PacFIN means the Pacific Fisheries Information Network of the 
Pacific States Marine Fisheries Commission.
    (C) Relative history means the landings history of a permit for a 
species, year, and area subdivision, divided by the total fleet history 
of the sector for that species, year, and area subdivision, as 
appropriate, or, in the case of shoreside processors, the annual sum of 
the shoreside processor's whiting receipts divided by the aggregate 
annual sum of whiting received by all shoreside processors in that year. 
Relative history is expressed as a percent.
    (D) Shoreside processor means an operation, working on U.S. soil, 
that takes delivery of trawl caught groundfish that has not been 
processed; and that thereafter engages that fish in shoreside 
processing. Entities that received fish that have not undergone at-sea 
processing or shoreside processing and sell that fish directly to 
consumers shall not be considered a processor for purposes of QS 
allocations. Shoreside processing is defined as either of the following:
    (1) Any activity that takes place shoreside; and that involves: 
Cutting groundfish into smaller portions; or freezing, cooking, smoking, 
drying groundfish; or packaging that groundfish for resale into 100 
pound units or smaller for sale or distribution into a wholesale or 
retail market.
    (2) The purchase and redistribution in to a wholesale or retail 
market of live groundfish from a harvesting vessel.
    (E) Whiting trip means a fishing trip where greater than or equal to 
50 percent by weight of all fish reported on the state landing receipt 
is whiting.
    (ii) Eligibility criteria for QS permit and QS/IBQ. Only the 
following persons are eligible to receive a QS permit or QS/IBQ:

[[Page 99]]

    (A) The owner of a valid trawl limited entry permit is eligible to 
receive a QS permit and its associated QS or IBQ amount. Any past 
landings history associated with the current limited entry trawl permit 
accrues to the current permit owner. NMFS will not recognize any person 
as the limited entry permit owner other than the person listed as 
limited entry permit owner in NMFS permit database. If a limited entry 
permit has history on state landing receipts and has been combined with 
a permit that has received or will receive a C/P endorsement, the trawl 
limited entry permit does not qualify for QS or IBQ.
    (B) Shoreside processors that meet the recent participation 
requirement of having received deliveries of 1 mt or more of whiting 
from whiting trips in each of any two years from 1998 through 2004 are 
eligible for an initial issuance of whiting QS. NMFS will initially 
identify shoreside processors by reference to Pacific whiting shoreside 
first receivers recorded on fish tickets in the relevant PacFIN dataset 
on July 1, 2010, subject to correction as described in paragraph 
(d)(8)(iv)(G) of this section.
    (iii) Steps for QS and IBQ allocation formulas. The QS and IBQ 
allocation formulas are applied in the following steps:
    (A) First, for each limited entry trawl permit owner, NMFS will 
determine a preliminary QS allocation for non-whiting trips.
    (B) Second, for each limited entry trawl permit owner, NMFS will 
determine a preliminary QS allocation for whiting trips.
    (C) Third, for each limited entry trawl permit owner, NMFS will 
combine the amounts resulting from paragraphs (d)(8)(iii)(A) and (B) of 
this section.
    (D) Fourth, NMFS will reduce the results for limited entry trawl 
permit owners by 10 percent of non-whiting species as a set aside for 
Adaptive Management Program (AMP) and by 20 percent of whiting for the 
initial issuance of QS allocated to qualifying shoreside processors.
    (E) Fifth, NMFS will determine the whiting QS allocation for 
qualifying shoreside processors from the 20 percent of whiting QS 
allocated to qualifying shoreside processors at initial issuance of QS.
    (F) Sixth, for each limited entry trawl permit owner, NMFS will 
determine the Pacific halibut IBQ allocation.
    (G) Seventh, for limited entry trawl permits transferred after 
November 8, 2008, or if transferred earlier, not registered with NMFS by 
November 30, 2008, for which NMFS determines the owners of such permits 
would exceed the accumulation limits specified at paragraph (d)(4) of 
this section based on the previous steps, NMFS will redistribute the 
excess QS or IBQ to other qualified QS permit owners within the 
accumulation limits.
    (iv) Allocation formula for specific QS and IBQ amounts--(A) 
Allocation formula rules. Unless otherwise specified, the following 
rules will be applied to data for the purpose of calculating an initial 
allocation of QS and IBQ:
    (1) For limited entry trawl permit owners, a permit will be assigned 
catch history or relative history based on the landing history of the 
vessel(s) associated with the permit at the time the landings were made.
    (2) The relevant PacFIN dataset includes species compositions based 
on port sampled data and applied to data at the vessel level.
    (3) Only landings of IFQ species which are caught in the exclusive 
economic zone or adjacent state waters off Washington, Oregon and 
California will be used for calculation of allocation formulas. For the 
purpose of allocation of IFQ species for which the QS or IBQ will be 
subdivided by area, catch areas have been assigned to landings of IFQ 
species reported on state landing receipts based on port of landing.
    (4) History from limited entry permits that have been combined with 
a permit that may qualify for a C/P endorsement and which has shorebased 
permit history will not be included in the preliminary QS and IBQ 
allocation formula, other than in the determination of fleet history 
used in the calculation of relative history for permits that do not have 
a C/P endorsement.
    (5) History of illegal landings and landings made under non-whiting 
EFPs that are in excess of the cumulative

[[Page 100]]

limits in place for the non-EFP fishery will not count toward the 
allocation of QS or IBQ.
    (6) The limited entry permit's landings history includes the 
landings history of permits that have been previously combined with that 
permit.
    (7) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will split the 
landing history evenly between all such limited entry trawl-endorsed 
permits during the time they were simultaneously registered to the 
vessel.
    (8) Unless otherwise noted, the calculation for QS or IBQ allocation 
under paragraph (d)(8) of this section will be based on state landing 
receipts (fish tickets) as recorded in the relevant PacFIN dataset on 
July 1, 2010.
    (9) For limited entry trawl permits, landings under provisional 
``A'' permits that did not become ``A'' permits and ``B'' permits will 
not count toward the allocation of QS or IBQ, other than in the 
determination of fleet history used in the calculation of relative 
history for permits that do not have a C/P endorsement.
    (10) For limited entry trawl permits, NMFS will calculate initial 
issuance of QS separately based on whiting trips and non-whiting trips, 
and will weigh each calculation according to initial issuance 
allocations between whiting trips and non-whiting trips, which are one-
time allocations necessary for the formulas used during the initial 
issuance of QS to create a single Shorebased IFQ Program. The initial 
issuance allocations between whiting and non-whiting trips for canary 
rockfish, bocaccio, cowcod, yelloweye rockfish, minor shelf rockfish N. 
of 40[deg]10', minor shelf rockfish S. of 40[deg]10', and minor slope 
rockfish S. of 40[deg]10' will be determined through the biennial 
specifications process. The initial issuance allocations for the 
remaining IFQ species are as follows:

------------------------------------------------------------------------
                                  Initial issuance allocation percentage
            Species             ----------------------------------------
                                   Non-whiting            Whiting
------------------------------------------------------------------------
Lingcod........................  99.7%..........  0.3%
Pacific Cod....................  99.9%..........  0.1%
Pacific Whiting................  0.1%...........  99.9%
Sablefish N. of 36[deg] N. lat.  98.2%..........  1.8%
Sablefish S. of 36[deg] N. lat.  100.0%.........  0.0%
PACIFIC OCEAN PERCH............  remaining......  17% or 30 mt,
                                                   whichever is greater,
                                                   to shorebased + at-
                                                   sea whiting.
                                                  If under rebuilding,
                                                   52% to shorebased +
                                                   at-sea whiting.
WIDOW..........................  remaining......  If stock rebuilt, 10%
                                                   or 500 mt, whichever
                                                   is greater, to
                                                   shorebased + at-sea
                                                   whiting.
Chilipepper S. of 40[deg]10' N.  100.0%.........  0.0%
 lat..
Splitnose S. of 40[deg]10' N.    100.0%.........  0.0%
 lat..
Yellowtail N. of 40[deg]10' N.   remaining......  300 mt.
 lat..
Shortspine N. of 34[deg]27' N.   99.9%..........  0.1%
 lat..
Shortspine S. of 34[deg]27' N.   100.0%.........  0.0%
 lat..
Longspine N. of 34[deg]27' N.    100.0%.........  0.0%
 lat..
DARKBLOTCHED...................  remaining......  9% or 25 mt, whichever
                                                   is greater, to
                                                   shorebased + at-sea
                                                   whiting.
Minor Slope Rockfish N. of       98.6%..........  1.4%
 40[deg]10' N. lat.
Dover Sole.....................  100.0%.........  0.0%
English Sole...................  99.9%..........  0.1%
Petrale Sole...................  100.0%.........  0.0%
Arrowtooth Flounder............  100.0%.........  0.0%
Starry Flounder................  100.0%.........  0.0%
Other Flatfish.................  99.9%..........  0.1%
------------------------------------------------------------------------

     (B) Preliminary QS allocation for nonwhiting trips. NMFS will 
calculate the non-whiting preliminary QS allocation differently for 
different species groups, Groups 1 through 3.
    (1) Allocation formula species groups. For the purposes of 
preliminary QS allocation, IFQ species will be grouped as follows:
    (i) Group 1 includes lingcod, Pacific cod, Pacific whiting, 
sablefish north of 36[deg] N. lat., sablefish south of 36[deg] N. lat., 
Dover sole, English sole, petrale sole, arrowtooth flounder, starry 
flounder, other flatfish stock complex, chilipepper rockfish, splitnose 
rockfish, yellowtail rockfish, shortspine thornyhead north of 34[deg]27' 
N. lat.,

[[Page 101]]

shortspine thornyhead south of 34[deg]27' N. lat., longspine thornyhead 
north of 34[deg]27' N. lat., minor rockfish north slope species complex, 
minor rockfish south slope species complex, minor rockfish north shelf 
species complex, and minor rockfish south shelf species complex.
    (ii) Group 2 includes bocaccio, cowcod, darkblotched rockfish, 
Pacific ocean perch, widow rockfish, and yelloweye rockfish.
    (iii) Group 3 includes canary rockfish.
    (2) Group 1 species: The preliminary QS allocation process indicated 
in paragraph (d)(8)(iii)(A) of this section for Group 1 species follows 
a two-step process, one to allocate a pool of QS equally among all 
eligible limited entry permits and the other to allocate the remainder 
of the preliminary QS based on permit history. Through these two 
processes, preliminary QS totaling 100 percent for each Group 1 species 
will be allocated. In later steps this amount will be adjusted and 
reduced as indicated in paragraph (d)(8)(iii)(C) and (D), to determine 
the QS allocation.
    (i) QS to be allocated equally. The pool of QS for equal allocation 
will be determined using the landings history from Federal limited entry 
groundfish permits that were retired through the Federal buyback program 
(i.e., buyback permit) (70 FR 45695, August 8, 2005). The QS pool 
associated with the buyback permits will be the buyback permit history 
as a percent of the total fleet history for the allocation period. The 
calculation will be based on total absolute pounds with no dropped years 
and no other adjustments. The QS pool will be divided equally among 
qualifying limited entry permits for all QS species/species groups and 
areas in Group 1.
    (ii) QS to be allocated based on each permit's history. The pool for 
QS allocation based on limited entry trawl permit history will be the QS 
remaining after subtracting out the QS allocated equally. This pool will 
be allocated to each qualifying limited entry trawl permit based on the 
permit's relative history from 1994 through 2003. For each limited entry 
trawl permit, NMFS will calculate a set of relative histories using the 
following methodology. First, NMFS will sum the permit's landings by 
each year for each Group 1 species/species group and area subdivision. 
Second, NMFS will divide each permit's annual sum for a particular 
species/species group and area subdivision by the shoreside limited 
entry trawl fleet's annual sum for the same species/species group and 
area subdivision. NMFS will then calculate a total relative history for 
each permit by species/species group and area subdivision by adding all 
relative histories for the permit together and subtracting the three 
years with the lowest relative history for the permit. The result for 
each permit by species/species group and areas subdivision will be 
divided by the aggregate sum of all total relative histories of all 
qualifying limited entry trawl permits for that species/species group 
and area subdivision. NMFS will then multiply the result from this 
calculation by the amount of QS in the pool to be allocated based on 
each permit's history.
    (3) Group 2 species: The preliminary QS allocation step indicated in 
paragraph (d)(8)(iii)(A) of this section will be calculated for each 
limited entry trawl permit using a formula based on QS allocations for 
each limited entry trawl permit for 11 target species, areas of 
distribution of fishing effort as determined from 2003-2006 target 
species catch data from the PacFIN Coastwide Trawl Logbook Database, 
average bycatch ratios for each area as derived from West Coast 
Groundfish Observer Program (WCGOP) data from 2003 through 2006, and the 
non-whiting initial issuance allocation of the limited entry trawl 
allocation amounts for 2011 for each of the 11 target species. These 
data are used in a series of sequential steps to estimate the allocation 
of Group 2 species to each limited entry trawl permit. Paragraphs 
(d)(8)(iv)(B)(3)(iii) to (vi) of this section estimate the permit's 
total 2003-2006 target species by area. Paragraphs (d)(8)(iv)(B)(3)(vii) 
to (xii) of this section project Group 2 species bycatch amounts using 
2003-2006 WCGOP observer ratios and the initial issuance allocation 
applied to the 2011 limited entry trawl allocation. Paragraphs 
(d)(8)(iv)(B)(3)(xiv) to (xvii) of this section convert these amounts 
into QS. As with Group 1 species, preliminary QS

[[Page 102]]

totaling 100 percent for each Group 2 species unit will be allocated and 
the amount of the allocations will be adjusted and reduced as indicated 
in paragraph (d)(8)(iii)(C) and (D) of this section to determine the QS 
allocation.
    (i) The 11 target species are arrowtooth flounder, starry flounder, 
other flatfish, Dover sole, English sole, petrale sole, minor slope 
rockfish, shortspine thornyheads, longspine thornyheads, sablefish, and 
Pacific cod.
    (ii) The 8 areas of distribution of fishing effort are defined 
latitudinally and by depth. The latitudinal areas are (a) north of 
47[deg]40 N. lat.; (b) between 47[deg]40 N. lat. and 43[deg]55' N. lat.; 
(c) 43[deg]55' N. lat. and 40[deg]10' N. lat.; and (d) south of 
40[deg]10' N. lat. Each latitudinal area is further divided by depth 
into areas shoreward and seaward of the trawl Rockfish Conservation Area 
as defined at Sec. 660.130(e)(4) of this subpart.
    (iii) For each limited entry trawl permit, NMFS will review the 
permit logbook data for that permit and sum target species catch 
recorded for the years 2003-2006, resulting in total target species 
catch in each area for each permit for the years 2003 through 2006 for 
all 11 target species in aggregate.
    (iv) For each limited entry trawl permit, NMFS will also sum target 
species catch by area into total coastwide target species catch for each 
permit for the years 2003 through 2006 for all 11 target species in 
aggregate. For practicability, seaward or shoreward of the RCA as 
identified in the logbook data is defined as being deeper than or 
shallower than 115 fathoms, respectively.
    (v) For each limited entry trawl permit, NMFS will divide logbook 
aggregate target species catch in each area (paragraph 
(d)(8)(iv)(B)(3)(iii) of this section) by the permit's total coastwide 
target species catch (paragraph (d)(8)(iv)(B)(3)(iv) of this section) to 
create a set of 8 area catch ratios for each permit. (Note: The sum of 
all area catch ratios equals 1 for each permit).
    (vi) For limited entry trawl permits where the vessel registered to 
the permit did not submit logbooks showing any catch of the 11 target 
species for any of the years 2003 through 2006, NMFS will use the 
following formula to calculate area target catch ratios: (a) NMFS will 
sum by area all limited entry trawl permits' total logbook area target 
catches from paragraph (d)(8)(iv)(B)(3)(iii) of this section, (b) NMFS 
will sum coastwide all limited entry trawl permits' total logbook target 
catches across all areas from paragraph (d)(8)(iv)(B)(3)(iv) of this 
section, and (c) NMFS will divide these sums (i.e., a/b) to create 
average permit logbook area target catch ratios.
    (vii) NMFS will calculate the 2011 non-whiting short term allocation 
amount for each of the 11 target species by multiplying the limited 
entry trawl allocation amounts for 2011 for each by the corresponding 
initial issuance allocation percentage for the non-whiting sector given 
in paragraph (d)(8)(iii)(A)(10) of this section or determined through 
the biennial specifications process, as applicable.
    (viii) For each limited entry trawl permit, NMFS will obtain the 
percentage of the limited entry trawl permit initial QS allocation for 
each of the 11 target species resulting from paragraph (d)(8)(iv)(B)(2) 
of this section.
    (ix) NMFS will calculate each limited entry trawl permit's projected 
non-whiting sector quota pounds for 2011 by multiplying the 2011 non-
whiting sector initial issuance allocation amounts for each of the 11 
target species from paragraph (d)(8)(iv)(B)(3)(vii) of this section by 
each permit's target species QS allocation percentage from paragraph 
(d)(8)(iv)(B)(3)(viii) of this section.
    (x) For each limited entry trawl permit, NMFS will sum the projected 
quota pounds for the 11 target species from paragraph 
(d)(8)(iv)(B)(3)(ix) of this section to get a total projected weight of 
all 11 target species for the limited entry trawl permit.
    (xi) For each limited entry trawl permit, NMFS will estimate the 
permit's total incidental catch of Group 2 species by area by 
multiplying the projected 2011 total weight of all 11 target species by 
the applicable area catch ratio for each area as calculated in either 
paragraph (d)(8)(iv)(B)(3)(v) of this section (permits with logbook 
data) or paragraph (d)(8)(iv)(B)(3)(vi) of this section (permits without 
logbook data).
    (xii) NMFS will apply WCGOP average bycatch ratios for each Group 2

[[Page 103]]

species (observed Group 2 species catch/total target species catch) by 
area. The WCGOP average bycatch ratios are as follows:

------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
                                Bocaccio
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................  ............  ............
43[deg]55' N. lat. to 47[deg]40' N. lat.....  ............  ............
40[deg]10' N. lat. to 43[deg]55' N. lat.....  ............  ............
S. of 40[deg]10' N. lat.....................   0.019013759   0.001794203
------------------------------------------------------------------------
                                 Cowcod
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................  ............  ............
43[deg]55' N. lat. to 47[deg]40' N. lat.....  ............  ............
40[deg]10' N. lat. to 43[deg]55' N. lat.....  ............  ............
S. of 40[deg]10' N. lat.....................   0.001285088   0.000050510
------------------------------------------------------------------------
                              Darkblotched
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.001560461   0.009950330
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.002238054   0.018835786
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.002184788   0.015025697
S. of 40[deg]10' N. lat.....................   0.000006951   0.004783988
------------------------------------------------------------------------
                           Pacific ocean perch
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.001069954   0.019848047
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000110802   0.015831815
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000148715   0.001367645
S. of 40[deg]10' N. lat.....................  ............  ............
------------------------------------------------------------------------
                                  Widow
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.000132332   0.000065291
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000387346   0.000755163
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000175128   0.000008118
S. of 40[deg]10' N. lat.....................   0.001049485   0.000676828
------------------------------------------------------------------------
                                Yelloweye
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.000334697   0.000006363
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000083951   0.000010980
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000128942   0.000006300
S. of 40[deg]10' N. lat.....................   0.000094029  ............
------------------------------------------------------------------------

     (xiii) For each limited entry trawl permit, NMFS will calculate 
projected Group 2 species amounts by area by multiplying the limited 
entry trawl permit's projected 2011 total weight of all target species 
by area from paragraph (d)(8)(iv)(B)(3)(xi) of this section by the 
applicable average bycatch ratio for each Group 2 species and 
corresponding area of paragraph (d)(8)(iv)(B)(3)(xii) of this section.
    (xiv) For each limited entry trawl permit, NMFS will sum all area 
amounts for each Group 2 species from paragraph (d)(8)(iv)(B)(3)(xiii) 
of this section to calculate the total projected amounts of each Group 2 
species for each limited entry trawl permit.
    (xv) NMFS will sum all limited entry trawl permits' projected Group 
2 species amounts from paragraph (d)(8)(iv)(B)(3)(xiv) of this section 
to calculate coastwide total projected amounts for each Group 2 species.
    (xvi) NMFS will estimate preliminary QS for each limited entry trawl 
permit for each Group 2 species by dividing each limited entry trawl 
permit's total projected amount of each Group 2 species from paragraph 
(d)(8)(iv)(B)(3)(xiv) of this section by the coastwide total projected 
amount for that species from paragraph (d)(8)(iv)(B)(3)(xv) of this 
section.
    (4) Group 3 Species: (i) The preliminary QS allocation step 
indicated in paragraph (d)(8)(iii)(A) of this section will be performed 
in two calculations that result in the division of preliminary QS 
allocation into two pools, one to allocate QS equally among all eligible 
limited entry permits, using the approach identified for Group 1 species 
in paragraph (d)(8)(iv)(B)(2)(i) of this section, and the other to 
allocate QS using a formula based on QS allocations for target species 
and areas fished, using the approach identified for Group 2 species in 
paragraph (d)(8)(iv)(B)(3) of this section, using the following WCGOP 
average bycatch rates:

                                 Canary
------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.008041898   0.000030522
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.003081830   0.000142136
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.008716148   0.000021431
S. of 40[deg]10' N. lat.....................   0.001581194   0.000009132
------------------------------------------------------------------------

     (ii) Through these two processes, preliminary QS totaling 100 
percent for each species will be allocated. In later steps, this amount 
will be adjusted and reduced as indicated in paragraphs (d)(8)(iii)(C) 
and (D) of this section to determine the QS allocation. In combining the 
two QS pools for each permit, the equal allocation portion is weighted 
according to the process in paragraph (d)(8)(iv)(B)(2)(i) of this 
section, and the portion calculated based on allocations for target 
species and areas fished is weighted according to the process in 
(d)(8)(iv)(B)(2)(ii) of this section.
    (C) Preliminary QS allocation for whiting trips. The preliminary QS 
allocation based on whiting trips as indicated

[[Page 104]]

in paragraph (d)(8)(iii)(B) of this section for limited entry trawl 
permits follows a two step process, one to allocate a pool of QS equally 
among all eligible limited entry permits and the other to allocate the 
remainder of the preliminary QS based on permit history. Through these 
two processes, preliminary QS totaling 100 percent for each species will 
be allocated. In later steps, this amount will be adjusted and reduced, 
as indicated in paragraphs (d)(8)(iii)(C) and (D) of this section, to 
determine the QS allocation.
    (1) QS to be allocated equally. The pool of QS for equal allocation 
will be determined using the whiting trip landings history from Federal 
limited entry groundfish permits that were retired through the Federal 
buyback program (i.e., buyback permit) (70 FR 45695, August 8, 2005). 
For each species, the whiting trip QS pool associated with the buyback 
permits will be the buyback permit history as a percent of the total 
fleet history for the allocation period. The calculation will be based 
on total absolute pounds with no dropped years and no other adjustments. 
The whiting trip QS pool associated with the buyback permits will be 
divided equally among all qualifying limited entry permits for each 
species.
    (2) QS to be allocated based on each permit's history. The pool for 
QS allocation based on each limited entry trawl permit's history will be 
the QS remaining after subtracting out the QS associated with the 
buyback permits allocated equally.
    (i) Whiting QS allocated based on each permit's history. Whiting QS 
based on each limited entry trawl permit's history will be allocated 
based on the permit's relative history from 1994 through 2003. For each 
limited entry trawl permit, NMFS will calculate a whiting relative 
history for each qualifying year, as follows. First, NMFS will sum the 
permit's history of landings of whiting from whiting trips for each 
year. Second, NMFS will divide each permit's annual sum of whiting from 
whiting trips by the shoreside limited entry trawl fleet's annual sum of 
whiting. NMFS will then calculate a total relative history for each 
permit by adding all relative histories for the permit together and 
subtracting the two years with the lowest relative history. NMFS will 
then divide the result for each permit by the total relative history for 
whiting of all qualifying limited entry trawl permits. The result from 
this calculation will then be multiplied by the amount of whiting QS in 
the pool to be allocated based on each permit's history.
    (ii) Other incidentally caught species QS allocation for eligible 
limited entry trawl permit owners. Other incidentally caught species 
from the QS remaining after subtracting out the QS associated with the 
buyback permits will be allocated pro-rata based on each limited entry 
trawl permit's whiting QS from whiting trips. Pro-rata means a percent 
that is equal to the percent of whiting QS.
    (D) QS from limited entry permits calculated separately for non-
whiting trips and whiting trips. NMFS will calculate the portion of QS 
for each species which a permit receives based on non-whiting trips and 
whiting trips separately and will weight each preliminary QS in 
proportion to the initial issuance allocation percentage between whiting 
trips and non-whiting trips for that species in paragraph 
(d)(8)(iv)(A)(10) of this section or determined through the biennial 
specifications process, as applicable.
    (1) Nonwhiting trips. To determine the amount of QS of each species 
for non-whiting trips for each limited entry trawl permit, NMFS will 
multiply the preliminary QS for the permit from paragraph (d)(8)(iii)(A) 
of this section for each species by the initial issuance allocation 
percentage for that species for non-whiting trips.
    (2) Whiting trips. To determine the amount of QS of each species for 
whiting trips for each limited entry trawl permit, NMFS will multiply 
the preliminary QS from paragraph (d)(8)(iii)(B) of this section for 
each species by the initial issuance allocation percentage for that 
species for whiting trips.
    (E) QS for each limited entry trawl permit. For each limited entry 
trawl permit, NMFS will add the results for the permit from paragraphs 
(d)(8)(iv)(D)(1) and (D)(2) of this section in order to determine the 
total QS for each species on that permit.

[[Page 105]]

    (F) Adjustment for AMP set-aside and shoreside processor initial 
issuance allocations. NMFS will reduce the non-whiting QS allocation to 
each limited entry trawl permit by 10 percent, for a QS set-aside to 
AMP. NMFS will reduce the whiting QS allocation to each limited entry 
trawl permit by 20 percent for the initial QS allocation to shoreside 
processors.
    (G) Allocation of initial issuance of whiting QS for shoreside 
processors. NMFS will calculate the amount of whiting QS available to 
shoreside processors from the 20 percent adjustment of whiting QS 
allocations in paragraph (d)(8)(iv)(F) of this section. For each 
eligible shoreside processor, whiting QS will be allocated based on the 
eligible shoreside processor's relative history from 1998 through 2004. 
Only the deliveries for which the shoreside processor is the first 
processor of the fish will be used in the calculation of whiting 
relative history.
    (1) For each shoreside processor which has received deliveries of at 
least 1 mt of whiting from whiting trips in each of any two years from 
1998 through 2004, NMFS will calculate a whiting relative history for 
each qualifying year, as follows. First, NMFS will sum the shoreside 
processor's receipts of whiting for each year. Second, NMFS will 
calculate the relative history for each year by dividing each shoreside 
processor's annual sum of whiting receipts by the aggregate annual sum 
of whiting received by all shoreside processors in that year. NMFS will 
then calculate a total relative history for each shoreside processor by 
adding all relative histories for the shoreside processor together and 
subtracting the two years with the lowest relative history. NMFS will 
then divide the result for each shoreside processor by the aggregate sum 
of all total relative histories for whiting by all qualifying shoreside 
processors. The result from this calculation will then be multiplied by 
20 percent to determine the shoreside processor's whiting QS.
    (2) For purposes of making an initial issuance of whiting QS to a 
shoreside processor, NMFS will attribute landing history to the Pacific 
whiting shoreside first receiver reported on the landing receipt (the 
entity responsible for filling out the state landing receipt) as 
recorded in the relevant PacFIN dataset on July 1, 2010. History may be 
reassigned to a shoreside processor not on the state landings receipt as 
described at paragraph (d)(8)(vi)(B) of this section.
    (H) Allocation of Pacific halibut IBQ for each limited entry trawl 
permit. For each eligible limited entry trawl permit owner, NMFS will 
calculate Pacific halibut individual bycatch quota (IBQ) for the area 
north of 40[deg]10' N. lat. using a formula based on (a) QS allocations 
for each limited entry trawl permit for two target species, (b) areas of 
distribution of fishing effort as determined from 2003-2006 target 
species catch data from the PacFIN Coastwide Trawl Logbook Database, (c) 
average bycatch ratios for each area as derived from WCGOP data from 
2003 through 2006, and (d) the non-whiting initial issuance allocation 
of the limited entry trawl allocation amounts for 2011 for arrowtooth 
and petrale sole. These data are used in a series of sequential steps to 
determine the allocation of IBQ to each limited entry trawl permit. 
Paragraphs (d)(8)(iv)(H)(3) to (6) of this section estimate the permit's 
total 2003-2006 target species by area. Paragraphs (d)(8)(iv)(H)(7) to 
(13) of this section project Pacific halibut bycatch amounts using 2003-
2006 WCGOP observer ratios and the 2011 non-whiting initial issuance 
allocation of the limited entry trawl allocation amounts. Paragraphs 
(d)(8)(iv)(H)(14) to (16) of this section convert these amounts into QS.
    (1) The target species are arrowtooth flounder and petrale sole.
    (2) The four bycatch areas are defined latitudinally and by depth. 
The latitudinal areas are (a) north of 47[deg]30' N. lat., and (b) 
between 40[deg]10' N. lat. and 47[deg]30' N. lat. Each latitudinal area 
is further divided by depth into areas shoreward and seaward of the 
trawl Rockfish Conservation Area as defined at Sec. 660.130(e)(4), 
subpart D.
    (3) For each limited entry trawl permit, NMFS will review the permit 
logbook data for that permit and sum target species catch recorded for 
the years 2003-2006, resulting in total target species catch in each of 
the four areas for

[[Page 106]]

each permit for the years 2003 through 2006 for both target species in 
aggregate. For practicability, seaward or shoreward of the RCA as 
identified in the logbook data is defined as being deeper than or 
shallower than 115 fathoms, respectively.
    (4) For each limited entry trawl permit, NMFS will also sum the 
target species catch by area into total aggregate target species catch 
for each permit for the years 2003 through 2006.
    (5) For each limited entry trawl permit, NMFS will divide logbook 
aggregate target species catch in each area (paragraph (d)(8)(iv)(H)(3) 
of this section) by the sum of the permit's catch of each target species 
in all four bycatch areas (paragraph (d)(8)(iv)(H)(4) of this section) 
to create a set of area catch ratios for each permit. (Note: The sum of 
all four area catch ratios in aggregate equals 1 for each permit).
    (6) For limited entry trawl permits where the vessel registered to 
the permit did not submit logbooks showing any catch of either of the 
two target species for any of the years 2003 through 2006, NMFS will use 
the following formula to calculate area target catch ratios: NMFS will 
sum by area all limited entry trawl permits' total logbook area target 
catches from paragraph (d)(8)(iv)(H)(3) of this section, and sum all 
limited entry trawl permits' total logbook target catches across all 
four areas from paragraph (d)(8)(iv)(H)(4) of this section; and divide 
these sums to create average permit logbook area target catch ratios.
    (7) NMFS will calculate the 2011 non-whiting initial issuance 
allocation amount for each of the two target species by multiplying the 
limited entry trawl allocation amounts for 2011 for each by the 
corresponding initial issuance allocation percentage for the non-whiting 
sector given in paragraph (d)(8)(iv)(A)(10) of this section.
    (8) For each limited entry trawl permit, NMFS will obtain the non-
whiting portion of each limited entry trawl permit's initial QS 
allocations for each of the two target species resulting from paragraph 
(d)(8)(iv)(B)(2) of this section.
    (9) NMFS will calculate each limited entry trawl permit's projected 
non-whiting sector quota pounds for the two target species for 2011 by 
multiplying the 2011 non-whiting sector short term allocation amounts 
for each of the target species by the permit's QS allocation percentage 
for the species from paragraph (d)(8)(iv)(H)(8) of this section.
    (10) For each limited entry trawl permit, NMFS will sum the 
projected quota pounds for the two target species from paragraph 
(d)(8)(iv)(H)(9) of this section to get a total projected weight of the 
two target species for the limited entry trawl permit.
    (11) For each limited entry trawl permit, NMFS will multiply the 
projected 2011 total weight of the two target species by the applicable 
area catch ratio for each area as calculated in either paragraph 
(d)(8)(iv)(H)(5) of this section (permits with logbook data) or 
paragraph (d)(8)(iv)(H)(6) of this section (permits without logbook 
data).
    (12) NMFS will apply WCGOP average halibut bycatch ratios (observed 
halibut catch/total of two target species catch) by area. The WCGOP 
average halibut bycatch ratios are as follows:

                             Pacific Halibut
------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
N. of 47[deg]30' N. lat.....................   0.225737162   0.084214162
40[deg]10' N. lat. to 47[deg]30' N. lat.....   0.086250913   0.033887839
------------------------------------------------------------------------

     (13) For each limited entry trawl permit, NMFS will calculate 
projected Pacific halibut amounts by area by multiplying the limited 
entry trawl permit's projected 2011 total weight of the two target 
species by area from paragraph (d)(8)(iv)(H)(11) of this section by the 
average bycatch ratio for the corresponding area of paragraph 
(d)(8)(iv)(H)(12) of this section.
    (14) For each limited entry trawl permit, NMFS will sum all area 
amounts from paragraph (d)(8)(iv)(H)(13) of this section to calculate 
the total projected Pacific halibut amount for each limited entry trawl 
permit.
    (15) NMFS will sum all limited entry trawl permits' projected 
Pacific halibut amounts from paragraph (d)(8)(iv)(H)(14) of this section 
to calculate aggregate total amounts of Pacific halibut.
    (16) NMFS will estimate preliminary Pacific halibut IBQ for each 
limited entry trawl permit by dividing each

[[Page 107]]

limited entry trawl permit's total projected Pacific halibut amount from 
paragraph (d)(8)(iv)(H)(14) of this section by the aggregate total 
amounts of Pacific halibut from paragraph (d)(8)(iv)(H)(15) of this 
section.
    (I) Redistribution of QS and IBQ. For each limited entry trawl 
permit transferred after November 8, 2008, or if transferred earlier, 
not registered with NMFS by November 30, 2008, for which NMFS determines 
that the owner of such permit would exceed the accumulation limits 
specified at paragraph (d)(4)(i) of this section based on calculation of 
the preceding allocation formulas for all limited entry trawl permits 
owned by such owner using the individual and collective rule described 
at Sec. 660.140(d)(4)(ii), NMFS will redistribute the excess QS or IBQ 
to other qualified QS permit owners within the accumulation limits.
    (v) QS application. Persons may apply for an initial issuance of QS 
and IBQ and a QS permit in one of two ways: Complete and submit a 
prequalified application received from NMFS, or complete and submit an 
application package. The completed application must be either postmarked 
or hand-delivered within normal business hours no later than November 1, 
2010. If an applicant fails to submit a completed application by the 
deadline date, they forgo the opportunity to receive consideration for 
initial issuance of QS and IBQ and a QS permit.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the landings history that may qualify the applicant for an initial 
issuance of QS and IBQ. The application package will include a 
prequalified application (with landings history), a Trawl Identification 
of Ownership Interest form, and any other documents NMFS believes are 
necessary to aid the limited entry permit owner in completing the QS 
application.
    (1) For current trawl limited entry permit owners, NMFS will mail a 
prequalified application to all owners, as listed in the NMFS permit 
database at the time applications are mailed, that NMFS determines may 
qualify for QS or IBQ. NMFS will mail the application by certified mail 
to the current address of record in the NMFS permit database. The 
application will contain the basis of NMFS' calculation of the permit 
owner's QS and IBQ for each species/species group or area.
    (2) For shoreside processors, NMFS will mail a prequalified 
application to those Pacific whiting shoreside first receivers with 
receipts of 1 mt or more of whiting from whiting trips in each of any 
two years from 1998 through 2004, as documented on fish tickets in the 
relevant PacFIN dataset on July 1, 2010. NMFS will mail the prequalified 
application by certified mail to the current address of record given by 
the state in which the entity is registered. For all qualified entities 
who meet the eligibility requirement at paragraph (d)(8)(ii)(B) of this 
section, the application will provide the basis of NMFS' calculation of 
the initial issuance of Pacific whiting QS.
    (B) Request for an application. An owner of a current limited entry 
trawl permit or a Pacific whiting first receiver or shoreside processor 
that believes it is qualified for an initial issuance of QS and IBQ and 
does not receive a prequalified application, must complete an 
application package and submit the completed application to NMFS by the 
application deadline. Application packages are available on NMFS' Web 
site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/
index.cfm) or by contacting SFD. An application must include valid 
PacFIN data or other credible information that substantiates the 
applicant's qualification for an initial issuance of QS and IBQ.
    (vi) Corrections to the application. If an applicant does not accept 
NMFS' calculation in the prequalified application either in part or 
whole, the applicant must identify in writing to NMFS which parts the 
applicant believes to be inaccurate, and must provide specific credible 
information to substantiate any requested corrections. The completed 
application and specific credible information must be provided to NMFS 
in writing by the application deadline. Written communication must 
either be post-marked or hand-delivered within normal business hours no 
later than November 1, 2010. Requests

[[Page 108]]

for corrections may only be granted for the following reasons:
    (A) Errors in NMFS' use or application of data, including:
    (1) Errors in NMFS' use or application of landings data from PacFIN;
    (2) Errors in NMFS' use or application of state logbook data from 
PacFIN;
    (3) Errors in NMFS' application of the QS or IBQ allocation formula;
    (4) Errors in identification of the permit owner, permit 
combinations, or vessel registration as listed in NMFS permit database;
    (5) Errors in identification of ownership information for the first 
receiver or the processor that first processed the fish; and
    (6) Errors in NMFS' use or application of ownership interest 
information.
    (B) Reassignment of Pacific whiting landings history for shoreside 
processors. For shoreside processors, the landing history may be 
reassigned from the Pacific whiting shoreside first receive identified 
in the relevant PacFIN database to a shoreside processor that was in 
fact the first processor of the fish. In order for an applicant to 
request that landing history be reassigned, an authorized representative 
for the Pacific whiting shoreside first receiver identified on the state 
landing receipt must submit, by the application deadline date specified 
in paragraph (d)(8)(vii)(B) of this section for initial issuance of QS, 
a written request that the whiting landings history from the qualifying 
years be conveyed to a shoreside processor. The letter must be signed 
and dated by the authorized representative of the Pacific whiting 
shoreside first receiver named on the state landing receipt and signed 
and dated by the authorized representative of the shoreside processor to 
which the Pacific whiting landing history is requested to be reassigned. 
The letter must identify the dates of the landings history and the 
associated amounts that are requested to be reassigned, and include the 
legal name of the shoreside processor to which the Pacific whiting 
landing history is requested to be reassigned, their date of birth or 
tax identification number, business address, business phone number, fax 
number, and e-mail address. If any document exists that demonstrates 
that the shoreside processor to which the Pacific whiting landing 
history is requested to be reassigned was in fact the first processor of 
the fish, such documentation must be provided to NMFS. NMFS will review 
the information submitted and will make a determination as part of the 
IAD.
    (vii) Submission of the application and application deadline--(A) 
Submission of the application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own QS and IBQ.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of QS and IBQ provided in the prequalified application, 
or provide credible information that demonstrates their qualification 
for QS and IBQ.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(d)(4)(iv) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (6) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of QS or IBQ.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way, 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship exemptions for this 
deadline.
    (viii) Permit transfer during application period. NMFS will not 
review or approve any request for a change in limited entry trawl permit 
owner at any time after either November 1, 2010 or the date upon which 
the application is

[[Page 109]]

received by NMFS, whichever occurs first, until a final decision is made 
by the Regional Administrator on behalf of the Secretary of Commerce 
regarding the QS and IBQ to be issued for that permit.
    (ix) Initial Administrative Determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application for initial issuance of 
QS and IBQ, the applicant will receive a QS permit specifying the 
amounts of QS and IBQ for which the applicant has qualified and the 
applicant will be registered to a QS account. If NMFS disapproves or 
partially disapproves an application, the IAD will provide the reasons. 
As part of the IAD, NMFS will indicate whether the QS permit owner 
qualifies for QS or IBQ in amounts that exceed the accumulation limits 
and are subject to divestiture provisions given at paragraph (d)(4)(v) 
of this section, or whether the QS permit owner qualifies for QS or IBQ 
that exceed the accumulation limits and does not qualify to receive the 
excess under paragraph (d)(4)(v) of this section. If the applicant does 
not appeal the IAD within 30 calendar days of the date on the IAD, the 
IAD becomes the final decision of the Regional Administrator acting on 
behalf of the Secretary of Commerce.
    (x) Appeals. For QS permits and QS/IBQ issued under this section, 
the appeals process and timelines are specified at Sec. 660.25(g), 
subpart C. For the initial issuance of QS/IBQ and the QS permits, the 
bases for appeal are described in paragraph (d)(8)(vi) of this section. 
An additional basis for appeal for whiting QS based on shoreside 
processing is an allegation that the shoreside processor or Pacific 
whiting shoreside first receiver to which a QS permit and whiting QS 
have been assigned was not in fact the first processor of the fish 
included in the qualifying landings history. The appellant must submit 
credible information supporting the allegation that they were in fact 
the first shoreside processor for the fish in question. Items not 
subject to appeal include, but are not limited to, the accuracy of 
permit landings data or Pacific whiting shoreside first receiver 
landings data in the relevant PacFIN dataset on July 1, 2010.
    (e) Vessel accounts. [Reserved]
    (f) First receiver site license. [Reserved]
    (g) Retention requirements (whiting and non-whiting vessels). 
[Reserved]
    (h) Observer requirements. [Reserved]
    (i) [Reserved]
    (j) Shoreside catch monitor requirements for IFQ first receivers. 
[Reserved]
    (k) Catch weighing requirements. [Reserved]
    (l) Gear switching. [Reserved]
    (m) Adaptive management program. [Reserved]



Sec. 660.150  Mothership (MS) Coop Program.

    (a) General. The MS Coop Program requirements in this section will 
be effective beginning January 1, 2011, except for paragraphs (f)(3), 
(f)(5), (f)(6), (g)(3), (g)(5), and (g)(6) which are effective 
immediately. The MS Coop Program is a limited access program that 
applies to eligible harvesters and processors in the mothership sector 
of the Pacific whiting at-sea trawl fishery. Eligible harvesters and 
processors, including coop and non-coop fishery participants, must meet 
the requirements set forth in this section of the Pacific Coast 
groundfish regulations. In addition to the requirements of this section, 
the MS Coop Program is subject to the following groundfish regulations 
of subparts C and D:
    (1) Pacific whiting seasons Sec. 660.131(b), subpart D.
    (2) Area restrictions specified for midwater trawl gear used to 
harvest Pacific whiting fishery specified at Sec. 660.131(c), Subpart D 
for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
    (3) Regulations set out in the following sections of subpart C: 
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13 
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec. 660.15 
Equipment requirements, Sec. 660.16 Groundfish Observer Program, Sec. 
660.20 Vessel and gear identification, Sec. 660.25 Permits, Sec. 
660.26 Pacific whiting vessel licenses, Sec. 660.55 Allocations, Sec. 
660.60 Specifications and management measures, Sec. 660.65 Groundfish 
harvest specifications, and Sec. Sec. 660.70 through 660.79 Closed 
areas.

[[Page 110]]

    (4) Regulations set out in the following sections of subpart D: 
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery 
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting, 
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl 
fishery crossover provisions, Sec. 660.130 Trawl fishery management 
measures, and Sec. 660.131 Pacific whiting fishery management measures.
    (5) The MS Coop Program may be restricted or closed as a result of 
projected overages within the MS Coop Program, the C/P Coop Program, or 
the Shorebased IFQ Program. As determined necessary by the Regional 
Administrator, area restrictions, season closures, or other measures 
will be used to prevent the trawl sectors in aggregate or the individual 
trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from exceeding an 
OY, or formal allocation specified in the PCGFMP or regulation at Sec. 
660.55, subpart C, or Sec. Sec. 660.140, 660.150, or 660.160, subpart 
D.
    (b) Participation requirements. [Reserved]
    (1) Mothership vessels. [Reserved]
    (2) Mothership catcher vessels. [Reserved]
    (3) MS Coop formation and failure. [Reserved]
    (c) Inter-coop agreement. [Reserved]
    (d) MS Coop Program species and allocations--(1) MS Coop Program 
species. MS Coop Program Species are as follows:
    (i) Species with formal allocations to the MS Coop Program are 
Pacific whiting, canary rockfish, darkblotched rockfish, Pacific Ocean 
perch, and widow rockfish;
    (ii) Species with set-asides for the MS and C/P Coop Programs 
combined, as described in Tables 1d and 2d, subpart C.
    (2) Annual mothership sector sub-allocations. [Reserved]
    (i) Mothership catcher vessel catch history assignments. [Reserved]
    (ii) Annual coop allocations. [Reserved]
    (iii) Annual non-coop allocation. [Reserved]
    (3) Reaching an allocation or sub-allocation. [Reserved]
    (4) Non-whiting groundfish species reapportionment. [Reserved]
    (5) Announcements. [Reserved]
    (6) Redistribution of annual allocation. [Reserved]
    (7) Processor obligation. [Reserved]
    (8) Allocation accumulation limits. [Reserved]
    (e) MS coop permit and agreement. [Reserved]
    (f) Mothership (MS) permit.
    (1) General. Any vessel that processes or receives deliveries as a 
mothership processor in the Pacific whiting fishery mothership sector 
must be registered to an MS permit. A vessel registered to an MS permit 
may receive fish from a vessel that fishes in an MS coop and/or may 
receive fish from a vessel that fishes in the non-coop fishery at the 
same time or during the same year.
    (i) Vessel size endorsement. An MS permit does not have a vessel 
size endorsement. The endorsement provisions at Sec. 660.25(b)(3)(iii), 
subpart C, do not apply to an MS permit.
    (ii) Restriction on C/P vessels operating as motherships. 
Restrictions on a vessel registered to a limited entry permit with a C/P 
endorsement operating as a mothership are specified at Sec. 660.160, 
subpart D.
    (2) Renewal, change of permit ownership, or vessel registration. 
[Reserved]
    (3) Accumulation limits.
    (i) MS permit usage limit. [Reserved]
    (ii) Ownership--individual and collective rule. The ownership that 
counts towards a person's accumulation limit will include:
    (A) Any MS permit owned by that person, and
    (B) That portion of any MS permit owned by an entity in which that 
person has an economic or financial interest, where the person's share 
of interest in that entity will determine the portion of that entity's 
ownership that counts toward the person's limit.
    (iii) [Reserved]
    (iv) Trawl identification of ownership interest form. Any person 
that is applying for an MS permit shall document those persons that have 
an ownership interest in the MS permit greater than or equal to 2 
percent. This ownership interest must be documented with SFD via the 
Trawl Identification of Ownership Interest Form. SFD will not issue an 
MS Permit unless the Trawl Identification of Ownership Interest Form

[[Page 111]]

has been completed. NMFS may request additional information of the 
applicant as necessary to verify compliance with accumulation limits.
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge fees 
for administrative costs associated with the issuance of an MS permit 
consistent with the provisions given at Sec. 660.25(f), Subpart C.
    (6) Application requirements and initial issuance for MS permit--(i) 
Eligibility criteria for MS permit. Only the current owner of a vessel 
that processed Pacific whiting in the mothership sector in the 
qualifying years is eligible to receive initial issuance of an MS 
permit, except that in the case of bareboat charterers, the charterer of 
the bareboat may receive an MS permit instead of the vessel owner. As 
used in this section, ``bareboat charterer'' means a vessel charterer 
operating under a bareboat charter, defined as a complete transfer of 
possession, command, and navigation of a vessel from the vessel owner to 
the charterer for the limited time of the charter agreement.
    (ii) Qualifying criteria for MS permit. To qualify for initial 
issuance of an MS permit, a person must own, or operate under a bareboat 
charter, a vessel on which at least 1,000 mt of Pacific whiting was 
processed in the mothership sector in each year for at least two years 
between 1997 and 2003 inclusive.
    (iii) MS permit application. Persons may apply for initial issuance 
of an MS permit in one of two ways: complete and submit a prequalified 
application received from NMFS, or complete and submit an application 
package. The completed application must be either postmarked or hand-
delivered within normal business hours no later than November 1, 2010. 
If an applicant fails to submit a completed application by the deadline 
date, they forgo the opportunity to receive consideration for initial 
issuance of an MS permit.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the processing history that may qualify the applicant for an initial 
issuance of an MS permit. NMFS will mail prequalified application 
packages to the owners or bareboat charterer of vessels which NMFS 
determines may qualify for an MS permit. NMFS will mail the application 
by certified mail to the current address of record in the NMFS permit 
database. The application will contain the basis of NMFS' calculation. 
The application package will include, but is not limited to: A 
prequalified application (with processing history), a Trawl 
Identification of Ownership Interest form, and any other documents NMFS 
believes are necessary to aid the owners of the vessel or charterer of 
the bareboat to complete the MS permit application.
    (B) Request for an application. Any current owner or bareboat 
charterer of a vessel that the owner or bareboat charterer believes 
qualifies for initial issuance of an MS permit that does not receive a 
prequalified application must complete an application package and submit 
the completed application to NMFS by the application deadline. 
Application packages are available on NMFS' Web site (http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by 
contacting SFD. An application must include valid NORPAC data or other 
credible information that substantiates the applicant's qualification 
for initial issuance of an MS permit.
    (iv) Corrections to the application. If the applicant does not 
accept NMFS' calculation in the prequalified application either in part 
or whole, in order for NMFS to reconsider NMFS' calculation, the 
applicant must identify in writing to NMFS which parts of the 
prequalified application that the applicant contends to be inaccurate, 
and must provide specific credible information to substantiate any 
requested corrections. The completed application and specific credible 
information must be provided to NMFS in writing by the application 
deadline. Written communication must be either post-marked or hand-
delivered within normal business hours no later than November 1, 2010. 
Requests for corrections may only be granted for errors in NMFS' use or 
application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;

[[Page 112]]

    (B) Errors in NMFS' calculations; and
    (C) Errors in the vessel registration as listed in the NMFS permit 
database, or in the identification of the mothership owner or bareboat 
charterer.
    (v) Submission of the application and application deadline--(A) 
Submission of the Application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own an MS 
permit.
    (3) The applicant must indicate they accept NMFS' calculation in the 
prequalified application, or provide credible information that 
demonstrates their qualification for an MS permit.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(f)(3)(iv) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity;
    (6) A bareboat charterer must provide credible evidence that 
demonstrates it was chartering the mothership vessel under a private 
contract during the qualifying years; and
    (7) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of an MS permit.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way, 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vi) Initial administrative determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application for initial issuance of 
an MS permit, the applicant will receive an MS permit. If NMFS 
disapproves an application, the IAD will provide the reasons. If the 
applicant does not appeal the IAD within 30 calendar days of the date on 
the IAD, the IAD becomes the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce.
    (vii) Appeals. For MS permits issued under this section, the appeals 
process and timelines are specified at Sec. 660.25(g), subpart C. For 
the initial issuance of an MS permit, the bases for appeal are described 
in paragraph (f)(6)(iv) of this section. Items not subject to appeal 
include, but are not limited to, the accuracy of data in the relevant 
NORPAC dataset on August 1, 2010.
    (g) Mothership catcher vessel (MS/CV)-endorsed permit--(1) General. 
Any vessel that delivers whiting to a mothership processor in the 
Pacific whiting fishery mothership sector must be registered to an MS/
CV-endorsed permit, except that a vessel registered to limited entry 
trawl permit without an MS/CV or C/P endorsement may fish for a coop 
with permission from the coop. Within the MS Coop Program, an MS/CV-
endorsed permit may participate in a coop or in the non-coop fishery.
    (i) Catch history assignment. NMFS will assign a catch history 
assignment to each MS/CV-endorsed permit. The catch history assignment 
is based on the catch history in the Pacific whiting mothership sector 
during the qualifying years of 1994 through 2003. The catch history 
assignment is expressed as a percentage of Pacific whiting of the total 
mothership sector allocation as described at paragraph (d)(2)(i) of this 
section. Catch history assignments will be issued to the nearest whole 
pound using standard rounding rules (i.e. decimal amounts from zero up 
to 0.5 round down and 0.5 up to 1.0 round up).
    (ii) Pacific whiting mothership sector allocation. The catch history 
assignment allocation accrues to the coop to which the MS/CV-endorsed 
permit is tied through private agreement, or will be assigned to the 
non-coop fishery if

[[Page 113]]

the MS/CV-endorsed permit does not participate in the coop fishery.
    (iii) Non-severable. The MS/CV endorsement and its catch history 
assignment are not severable from the limited entry trawl permit. An MS/
CV endorsement and its catch history assignment are permanently affixed 
to the original qualifying limited entry permit, and cannot be 
transferred separately from the original qualifying limited entry 
permit.
    (iv) Renewal. [Reserved]
    (v) Restrictions on processing by vessels registered to MS/CV-
endorsed permits. A vessel registered to an MS/CV-endorsed permit in a 
given year shall not engage in processing of Pacific whiting during that 
year.
    (2) Change of permit owner, vessel registration, vessel owner, or 
combination. [Reserved]
    (3) Accumulation limits--(i) MS/CV-endorsed permit ownership limit. 
No person shall own MS/CV-endorsed permits for which the collective 
Pacific whiting allocation total is greater than 20 percent of the total 
mothership sector allocation. For purposes of determining accumulation 
limits, NMFS requires that permit owners submit a complete trawl 
ownership interest form for the permit owner as part of annual renewal 
of an MS/CV-endorsed permit. An ownership interest form will also be 
required whenever a new permit owner obtains an MS/CV-endorsed permit as 
part of a permit transfer request. Accumulation limits will be 
determined by calculating the percentage of ownership interest a person 
has in any MS/CV-endorsed permit and the amount of the Pacific whiting 
catch history assignment given on the permit. Determination of ownership 
interest will be subject to the individual and collective rule.
    (A) Ownership--Individual and collective rule. The Pacific whiting 
catch history assignment that applies to a person's accumulation limit 
will include:
    (1) The catch history assignment on any MS/CV-endorsed permit owned 
by that person, and
    (2) That portion of the catch history assignment on any MS/CV-
endorsed permit owned by an entity in which that person has an economic 
or financial interest, where the person's share of interest in that 
entity will determine the portion of that entity's catch history 
assignment that counts toward the person's limit.
    (B) [Reserved]
    (C) Trawl identification of ownership interest form. Any person that 
owns a limited entry trawl permit and is applying for an MS/CV 
endorsement shall document those persons that have an ownership interest 
in the permit greater than or equal to 2 percent. This ownership 
interest must be documented with the SFD via the Trawl Identification of 
Ownership Interest Form. SFD will not issue an MS/CV endorsement unless 
the Trawl Identification of Ownership Interest Form has been completed. 
NMFS may request additional information of the applicant as necessary to 
verify compliance with accumulation limits. Further, if SFD discovers 
through review of the Trawl Identification of Ownership Interest Form 
that a person owns more than the accumulation limits, the person will be 
subject to divestiture provisions specified in paragraph (g)(3)(i)(D) of 
this section.
    (D) Divestiture. For MS/CV-endorsed permit owners that are found to 
exceed the accumulation limits during the initial issuance of MS/CV-
endorsed permits, an adjustment period will be provided after which they 
will have to completely divest of ownership in permits that exceed the 
accumulation limits. Any person that NMFS determines, as a result of the 
initial issuance of MS/CV-endorsed permits, to own in excess of 20 
percent of the total catch history assignment in the MS Coop Program 
applying the individual and collective rule described at Sec. 
660.150(g)(3)(i)(A) will be allowed to receive such permit(s), but must 
divest themselves of the excess ownership during years one and two of 
the MS Coop Program. Owners of such permit(s) may receive and use the 
MS/CV-endorsed permit(s), up to the time their divestiture is completed. 
At the end of year two of the MS Coop Program, any MS/CV-endorsed 
permits owned by a person (including any person who has ownership 
interest in the owner named on the permit) in excess of the accumulation 
limits will not be issued (renewed) until the permit

[[Page 114]]

owner complies with the accumulation limits.
    (ii) [Reserved]
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge a fee 
for administrative costs associated with the issuance of an MS/CV-
endorsed permit, as provided at Sec. 660.25(f), subpart C.
    (6) Application requirements and initial issuance for MS/CV 
endorsement--(i) Eligibility criteria for MS/CV endorsement. Only a 
current trawl limited entry permit with a qualifying history of Pacific 
whiting deliveries in the MS Pacific whiting sector is eligible to 
receive an MS/CV endorsement. Any past catch history associated with the 
current limited entry trawl permit accrues to the permit. If a trawl 
limited entry permit is eligible to receive both a C/P endorsement and 
an MS/CV endorsement, the permit owner must choose which endorsement to 
apply for (i.e., the owner of such a permit may not receive both a C/P 
and an MS/CV endorsement). NMFS will not recognize any other person as 
permit owner other than the person listed as permit owner in NMFS permit 
database.
    (ii) Qualifying criteria for MS/CV endorsement. In order to qualify 
for an MS/CV endorsement, a qualifying trawl-endorsed limited entry 
permit must have been registered to a vessel or vessels that caught and 
delivered a cumulative amount of at least 500 mt of Pacific whiting to 
motherships between 1994 through 2003. The calculation will be based on 
the following:
    (A) To determine a permit's qualifying catch history, NMFS will use 
documented deliveries to a mothership in Pacific whiting observer data 
as recorded in the relevant NORPAC dataset on August 1, 2010.
    (B) The qualifying catch history will include any deliveries of 
Pacific whiting to motherships by vessels registered to limited entry 
trawl-endorsed permits that were subsequently combined to generate the 
current permit.
    (C) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will divide the 
qualifying catch history evenly between all such limited entry trawl-
endorsed permits during the time they were simultaneously registered to 
the vessel.
    (D) History of illegal deliveries will not be included in the 
qualifying catch history.
    (E) Deliveries made from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not be 
included in the qualifying catch history.
    (F) Deliveries made under provisional ``A'' permits that did not 
become ``A'' permits and ``B'' permits will not be included in the 
qualifying catch history.
    (iii) Qualifying criteria for catch history assignment. A catch 
history assignment will be specified as a percent on the MS/CV-endorsed 
permit. The calculation will be based on the following:
    (A) For determination of a permit's catch history, NMFS will use 
documented deliveries to a mothership in Pacific whiting observer data 
as recorded in the relevant NORPAC dataset on August 1, 2010.
    (B) NMFS will use relative history, which means the catch history of 
a permit for a year divided by the total fleet history for that year, 
expressed as a percent. NMFS will calculate relative history for each 
year in the qualifying period from 1994 through 2003 by dividing the 
total deliveries of Pacific whiting to motherships for the vessel(s) 
registered to the permit for each year by the sum of the total catch of 
Pacific whiting delivered to mothership vessel(s) for that year.
    (C) NMFS will select the eight years with the highest relative 
history of Pacific whiting, unless the applicant requests a different 
set of eight years during the initial issuance and appeals process, and 
will add the relative histories for these years to generate the permit's 
total relative history. NMFS will then divide the permit's total 
relative history by the sum of all qualifying permits' total relative 
histories to determine the permit's catch history assignment, expressed 
as a percent.
    (D) The total relative history will include any deliveries of 
Pacific whiting to motherships by vessels registered to limited entry 
trawl-endorsed permits that were subsequently combined to generate the 
current permit.

[[Page 115]]

    (E) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will split the catch 
history evenly between all such limited entry trawl-endorsed permits 
during the time they were simultaneously registered to the vessel.
    (F) History of illegal deliveries will not be included in the 
calculation of a permit's catch history assignment or in the calculation 
of relative history for individual years.
    (G) Deliveries made from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not be 
included in the calculation of a permit's catch history assignment other 
than for the purpose of calculating relative history for individual 
years.
    (H) Deliveries made under provisional ``A'' permits that did not 
become ``A'' permits and ``B'' permits will not be included in the 
calculation of a permit's catch history assignment other than for the 
purpose of calculating relative history for individual years.
    (iv) MS/CV endorsement and catch history assignment application. 
Persons may apply for an initial issuance of an MS/CV endorsement on a 
limited entry trawl permit and its associated catch history assignment 
in one of two ways: complete and submit a prequalified application 
received from NMFS, or complete and submit an application package. The 
completed application must be either postmarked or hand-delivered within 
normal business hours no later than November 1, 2010. If an applicant 
fails to submit a completed application by the deadline date, they forgo 
the opportunity to receive consideration for an initial issuance of an 
MS/CV endorsement and associated catch history assignment.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the catch history that may qualify the applicant for an initial issuance 
of an MS/CV endorsement and associated catch history assignment. NMFS 
will mail prequalified application packages to the owners of current 
limited entry trawl permits, as listed in the NMFS permit database at 
the time applications are mailed, which NMFS determines may qualify for 
an MS/CV endorsement and associated catch history assignment. NMFS will 
mail the application by certified mail to the current address of record 
in the NMFS permit database. The application will contain the basis of 
NMFS' calculation. The application package will include, but is not 
limited to: a prequalified application (with landings history), a Trawl 
Identification of Ownership Interest form, and any other documents NMFS 
believes are necessary to aid the limited entry permit owner in 
completing the application.
    (B) Request for an application. Any owner of a current limited entry 
trawl permit that does not receive a prequalified application that 
believes the permit qualifies for an initial issuance of an MS/CV 
endorsement and associated catch history assignment must complete an 
application package and submit the completed application to NMFS by the 
application deadline. Application packages are available on the NMFS Web 
site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/
index.cfm) or by contacting SFD. An application must include valid 
NORPAC data, copies of NMFS observer data forms, or other credible 
information that substantiates the applicant's qualification for an 
initial issuance of an MS/CV endorsement and associated catch history 
assignment.
    (v) Corrections to the application. If the applicant does not accept 
NMFS' calculation in the prequalified application either in part or 
whole, in order for NMFS to reconsider NMFS' calculation, the applicant 
must identify in writing to NMFS which parts of the application that the 
applicant contends to be inaccurate, and must provide specific credible 
information to substantiate any requested corrections. The completed 
application and specific credible information must be provided to NMFS 
in writing by the application deadline. Written communication must be 
either post-marked or hand-delivered within normal business hours no 
later than November 1, 2010. Requests for corrections may only be 
granted for changes to the selection of the eight

[[Page 116]]

years with the highest relative history of whiting and errors in NMFS' 
use or application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;
    (B) Errors in NMFS' calculations;
    (C) Errors in the identification of the permit owner, permit 
combinations, or vessel registration as listed in the NMFS permit 
database; and
    (D) Errors in NMFS' use or application of ownership interest 
information.
    (vi) Submission of the application and application deadline--(A) 
Submission of the application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own an MS/CV-
endorsed permit and associated catch history assignment.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of an MS/CV-endorsed permit and associated catch 
history assignment provided in the prequalified application, or provide 
credible information that demonstrates their qualification for an MS/CV-
endorsed permit and associated catch history assignment.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(g)(3)(i)(C) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (6) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of an MS/CV-endorsed permit 
and associated catch history assignment.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vii) Permit transfer during application period. NMFS will not 
review or approve any request for a change in limited entry trawl permit 
owner at any time after either November 1, 2010 or the date upon which 
the application is received by NMFS, whichever occurs first, until a 
final decision is made by the Regional Administrator on behalf of the 
Secretary of Commerce on that permit.
    (viii) Initial Administrative Determination (IAD). NMFS will issue 
an IAD for all complete, certified applications received by the 
application deadline date. If NMFS approves an application for initial 
issuance of an MS/CV-endorsed permit and associated catch history 
assignment, the applicant will receive an MS/CV endorsement on a limited 
entry trawl permit specifying the amounts of catch history assignment 
for which the applicant has qualified. If NMFS disapproves an 
application, the IAD will provide the reasons. If known at the time of 
the IAD, NMFS will indicate if the owner of the MS/CV-endorsed permit 
has ownership interest in catch history assignments that exceed the 
accumulation limits and are subject to divestiture provisions given at 
paragraph (g)(3)(i)(D) of this section. If the applicant does not appeal 
the IAD within 30 calendar days of the date on the IAD, the IAD becomes 
the final decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce.
    (ix) Appeals. For an MS/CV-endorsed permit and associated catch 
history assignment issued under this section, the appeals process and 
timelines are specified at Sec. 660.25(g), subpart C. For the initial 
issuance of an MS/CV-endorsed permit and associated catch history 
assignment, the bases for appeal are described in paragraph (g)(6)(v) of 
this section. Items not subject to appeal include, but are not limited 
to, the accuracy of data in the relevant NORPAC dataset on August 1, 
2010.
    (h) Non-coop fishery. [Reserved]
    (i) Retention requirements. [Reserved]
    (j) Observer requirements. [Reserved]
    (k) Catch weighing requirements. [Reserved]
    (l) [Reserved]

[[Page 117]]



Sec. 660.160  Catcher/processor (C/P) Coop Program.

    (a) General. The C/P Coop Program requirements in Sec. 660.160 will 
be effective beginning January 1, 2011, except for paragraphs (d)(5) and 
(d)(7) of this section, which are effective immediately. The C/P Coop 
Program is a limited access program that applies to vessels in the C/P 
sector of the Pacific whiting at-sea trawl fishery and is a single 
voluntary coop. Eligible harvesters and processors must meet the 
requirements set forth in this section of the Pacific Coast groundfish 
regulations. In addition to the requirements of this section, the C/P 
Coop Program is subject to the following groundfish regulations:
    (1) Pacific whiting seasons Sec. 660.131(b), subpart D.
    (2) Area restrictions specified for midwater trawl gear used to 
harvest Pacific whiting fishery specified at Sec. 660.131(c), subpart D 
for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
    (3) Regulations set out in the following sections of subpart C: 
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13 
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec. 660.15 
Equipment requirements, Sec. 660.16 Groundfish Observer Program, Sec. 
660.20 Vessel and gear identification, Sec. 660.25 Permits, Sec. 
660.26 Pacific whiting vessel licenses, Sec. 660.55 Allocations, Sec. 
660.60 Specifications and management measures, Sec. 660.65 Groundfish 
harvest specifications, and Sec. Sec. 660.70 through 660.79 Closed 
areas.
    (4) Regulations set out in the following sections of subpart D: 
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery 
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting, 
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl 
fishery crossover provisions, Sec. 660.130 Trawl fishery management 
measures, and Sec. 660.131 Pacific whiting fishery management measures.
    (5) The C/P Coop Program may be restricted or closed as a result of 
projected overages within the MS Coop Program, the C/P Coop Program, or 
the Shorebased IFQ Program. As determined necessary by the Regional 
Administrator, area restrictions, season closures, or other measures 
will be used to prevent the trawl sectors in aggregate or the individual 
trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from exceeding an 
OY, or formal allocation specified in the PCGFMP or regulation at Sec. 
660.55, subpart C, or Sec. Sec. 660.140, 660.150, or 660.160, subpart 
D.
    (b) C/P Coop Program species and allocations--(1) C/P Coop Program 
species. C/P Coop Program species are as follows:
    (i) Species with formal allocations to the C/P Coop Program are 
Pacific whiting, canary rockfish, darkblotched rockfish, Pacific Ocean 
perch, widow rockfish;
    (ii) Species with set-asides for the MS and C/P Programs combined, 
as described in Table 1d and 2d, subpart C.
    (2) [Reserved]
    (c) C/P coop permit and agreement. [Reserved]
    (d) C/P-endorsed permit--(1) General. Any vessel participating in 
the C/P sector of the non-tribal primary Pacific whiting fishery during 
the season described at Sec. 660.131(b) of this subpart must be 
registered to a valid limited entry permit with a C/P endorsement.
    (i) Non-severable. A C/P endorsement is not severable from the 
limited entry trawl permit, and therefore, the endorsement may not be 
transferred separately from the limited entry trawl permit.
    (ii) Restriction on C/P vessel operating as a catcher vessel in the 
mothership sector. A vessel registered to a C/P-endorsed permit cannot 
operate as a catcher vessel delivering unprocessed Pacific whiting to a 
mothership processor during the same calendar year it participates in 
the C/P sector.
    (iii) Restriction on C/P vessel operating as mothership. A vessel 
registered to a C/P-endorsed permit cannot operate as a mothership 
during the same calendar year it participates in the C/P sector.
    (2) Eligibility and renewal for C/P-endorsed permit. [Reserved.]
    (3) Change in permit ownership, vessel registration, vessel owner, 
transfer or combination. [Reserved]
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge fees 
for the administrative costs associated with review and issuance of a C/
P endorsement

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consistent with the provisions at Sec. 660.25(f), subpart C.
    (6) [Reserved]
    (7) Application requirements and initial issuance for C/P 
endorsement--(i) Eligibility criteria for C/P endorsement. Only current 
owners of a current limited entry trawl permit that has been registered 
to a vessel that participated in the C/P fishery during the qualifying 
period are eligible to receive a C/P endorsement. Any past catch history 
associated with the current limited entry trawl permit accrues to the 
current permit owner. NMFS will not recognize any other person as the 
limited entry permit owner other than the person listed as the limited 
entry permit owner in the NMFS permit database.
    (ii) Qualifying criteria for C/P endorsement. In order to qualify 
for a C/P endorsement, a vessel registered to a valid trawl-endorsed 
limited entry permit must have caught and processed any amount of 
Pacific whiting during a primary catcher/processor season between 1997 
through 2003. The calculation will be based on the following:
    (A) Pacific Whiting Observer data recorded in the relevant NORPAC 
dataset on August 1, 2010, and NMFS permit data on limited entry trawl-
endorsed permits will be used to determine whether a permit meets the 
qualifying criteria for a C/P endorsement.
    (B) Only Pacific whiting regulated by this subpart that was taken 
with midwater (or pelagic) trawl gear will be considered for the C/P 
endorsement.
    (C) Permit catch and processing history includes only the catch/
processing history of Pacific whiting for a vessel when it was 
registered to that particular permit during the qualifying years.
    (D) History of illegal landings will not count.
    (E) Landings history from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not count.
    (F) Landings under provisional ``A'' permits that did not become 
``A'' permits and ``B'' permits will not count.
    (iii) C/P endorsement application. Persons may apply for an initial 
issuance of a C/P endorsement in one of two ways: complete and submit a 
prequalified application received from NMFS, or complete and submit an 
application package. The completed application must be either postmarked 
or hand-delivered within normal business hours no later than November 1, 
2010. If an applicant fails to submit a completed application by the 
deadline date, they forgo the opportunity to receive consideration for 
initial issuance of a C/P endorsement.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the catch history that may qualify the applicant for an initial issuance 
of a C/P endorsement. NMFS will mail a prequalified application to all 
owners of current trawl limited entry permits, as listed in NMFS permit 
database at the time applications are mailed, which NMFS determines may 
qualify for a C/P endorsement. NMFS will mail the application by 
certified mail to the current address of record in the NMFS permit 
database. The application will contain the basis of NMFS' calculation. 
The application package will include, but is not limited to: a 
prequalified application (with catch history) and any other documents 
NMFS believes are necessary to aid the limited entry permit owner in 
completing the application.
    (B) Request for an application. Any owner of a current limited entry 
trawl permit that does not receive a prequalified application that 
believes the permit qualifies for an initial issuance of a C/P 
endorsement must complete an application package and submit the 
completed application to NMFS by the application deadline. Application 
packages are available on the NMFS Web site (http://www.nwr.noaa.gov/ 
Groundfish-Halibut/ Groundfish-Permits/ index.cfm) or by contacting SFD. 
An application must include valid NORPAC data, copies of NMFS observer 
data forms, or other credible information that substantiates the 
applicant's qualification for initial issuance of a C/P endorsement.
    (iv) Corrections to the application. If the applicant does not 
accept NMFS' calculation in the prequalified application either in part 
or whole, in order

[[Page 119]]

for NMFS to reconsider NMFS' calculation, the applicant must identify in 
writing to NMFS which parts of the application the applicant contends to 
be inaccurate, and must provide specific credible information to 
substantiate any requested corrections. The completed application and 
specific credible information must be provided to NMFS in writing by the 
application deadline. Written communication must be either post-marked 
or hand-delivered within normal business hours no later than November 1, 
2010. Requests for corrections may only be granted for errors in NMFS' 
use or application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;
    (B) Errors in NMFS' calculations; and
    (C) Errors in the identification of the permit owner, permit 
combinations, or vessel registration as listed in the NMFS permit 
database.
    (v) Submission of the application and application deadline--(A) 
Submission of the Application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own a C/P-
endorsed permit.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of C/P endorsement provided in the prequalified 
application, or provide credible information that demonstrates their 
qualification for a C/P endorsement.
    (4) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (5) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of a C/P endorsement.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vi) Permit transfer during application period. NMFS will not review 
or approve any request for a change in limited entry trawl permit owner 
at any time after either November 1, 2010 or the date upon which the 
application is received by NMFS, whichever occurs first, until a final 
decision is made by the Regional Administrator on behalf of the 
Secretary of Commerce.
    (vii) Initial Administrative Determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application, the applicant will 
receive a C/P endorsement on a limited entry trawl permit. If NMFS 
disapproves an application, the IAD will provide the reasons. If the 
applicant does not appeal the IAD within 30 calendar days of the date on 
the IAD, the IAD becomes the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce.
    (viii) Appeal. For a C/P-endorsed permit issued under this section, 
the appeals process and timelines are specified at Sec. 660.25(g), 
subpart C. For the initial issuance of a C/P-endorsed permit, the bases 
for appeal are described in paragraph (d)(7)(iv) of this section. Items 
not subject to appeal include, but are not limited to, the accuracy of 
data in the relevant NORPAC dataset on August 1, 2010.
    (e) Retention requirements. [Reserved]
    (f) Observer requirements. [Reserved]
    (g) [Reserved]
    (h) Catch weighting requirements. [Reserved]

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   Sec. Table 1 (North) to Part 660, Subpart D--2010 Trip Limits for 
        Limited Entry Trawl Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.010


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[GRAPHIC] [TIFF OMITTED] TR01OC10.011


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[GRAPHIC] [TIFF OMITTED] TR01OC10.012


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   Sec. Table 1 (South) to Part 660, Subpart D--2010 Trip Limits for 
        Limited Entry Trawl Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.013


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[GRAPHIC] [TIFF OMITTED] TR01OC10.014


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  Sec. Figure 1 to Part 660, Subpart D--Diagram of Selective Flatfish 
                                  Trawl
[GRAPHIC] [TIFF OMITTED] TR01OC10.015



   Subpart E_West Coast Groundfish_Limited Entry Fixed Gear Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart E was 
added, effective Nov. 1, 2010.



Sec. 660.210  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish limited entry fixed 
gear fishery.



Sec. 660.211  Fixed gear fishery--definitions.

    These definitions are specific to the limited entry fixed gear 
fisheries covered in this subpart. General groundfish definitions are 
found at Sec. 660.11, subpart C.
    Daily Trip Limit (DTL) Fishery means a sablefish fishery that occurs 
both north and south of 36[deg] N. lat. that is subject to trip limit 
restrictions including daily and/or weekly and/or bimonthly trip limits.
    Limited entry fixed gear fishery means the fishery composed of 
vessels registered to limited entry permits with longline and pot/trap 
endorsements.
    Sablefish primary fishery or sablefish tier limit fishery means, for 
the limited entry fixed gear sablefish fishery north of 36[deg] N. lat, 
the fishery where vessels registered to at least one limited entry 
permit with both a gear endorsement for longline or trap (or pot) gear 
and a sablefish endorsement fish up to a specified tier limit and when 
they are not eligible to fish in the DTL fishery.
    Sablefish primary season means, for the limited entry fixed gear 
sablefish fishery north of 36[deg] N. lat, the period when vessels 
registered to at least one limited entry permit with both a gear 
endorsement for longline or trap (or pot) gear and a sablefish 
endorsement, are allowed to fish in the sablefish tier limit fishery 
described at Sec. 660.231 of this subpart.
    Tier limit means a specified amount of sablefish that may be 
harvested by a vessel registered to a limited entry fixed gear permit(s) 
with a Tier 1, Tier 2, and/or Tier 3 designation; a gear endorsement for 
longline or trap (or pot) gear; and a sablefish endorsement.



Sec. 660.212  Fixed gear fishery--prohibitions.

    These prohibitions are specific to the limited entry fixed gear 
fisheries. General groundfish prohibitions are found at Sec. 660.12, 
subpart C. In addition to the general groundfish prohibitions specified 
in Sec. 660.12, subpart C, it is unlawful for any person to:
    (a) General. (1) Possess, deploy, haul, or carry onboard a fishing 
vessel subject to subparts C and E a set net, trap or pot, longline, or 
commercial vertical hook-and-line as defined at Sec. 660.11, subpart C, 
that is not in compliance with

[[Page 126]]

the gear restrictions in Sec. 660.230, subpart E, unless such gear is 
the gear of another vessel that has been retrieved at sea and made 
inoperable or stowed in a manner not capable of being fished. The 
disposal at sea of such gear is prohibited by Annex V of the 
International Convention for the Prevention of Pollution From Ships, 
1973 (Annex V of MARPOL 73/78).
    (2) Take, retain, possess, or land more than a single cumulative 
limit of a particular species, per vessel, per applicable cumulative 
limit period, except for sablefish taken in the limited entry, fixed 
gear sablefish primary season from a vessel authorized to fish in that 
season, as described at Sec. 660.231, subpart E.
    (b) Recordkeeping and reporting. Fail to retain on board a vessel 
from which sablefish caught in the sablefish primary season is landed, 
and provide to an authorized officer upon request, copies of any and all 
reports of sablefish landings against the sablefish-endorsed permit's 
tier limit, or receipts containing all data, and made in the exact 
manner required by the applicable state law throughout the sablefish 
primary season during which such landings occurred and for 15 days 
thereafter.
    (c) Fishing in conservation areas. (1) Operate a vessel registered 
to a limited entry permit with a longline or trap (pot) endorsement and 
longline and/or trap gear onboard in an applicable GCA (as defined at 
Sec. 660.230(d)), except for purposes of continuous transiting, with 
all groundfish longline and/or trap gear stowed in accordance with Sec. 
660.212(a) or except as authorized in the groundfish management measures 
at Sec. 660.230.
    (2) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined in Sec. Sec. 
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson 
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson 
Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith 
Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa 
Barbara.
    (3) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75, subpart 
C).
    (d) Sablefish fisheries. (1) Take, retain, possess or land sablefish 
under the tier limits provided for the limited entry, fixed gear 
sablefish primary season, described in Sec. 660.231(b), subpart E, from 
a vessel that is not registered to a limited entry permit with a 
sablefish endorsement.
    (2) Take, retain, possess or land sablefish in the sablefish primary 
season, described at Sec. 660.231(b), subpart E, unless the owner of 
the limited entry permit registered for use with that vessel and 
authorizing the vessel to fish in the sablefish primary season is on 
board that vessel. Exceptions to this prohibition are provided at Sec. 
660.231(b)(4)(i) and (ii).
    (3) Process sablefish taken at-sea in the limited entry fixed gear 
sablefish primary fishery defined at Sec. 660.231, subpart E, from a 
vessel that does not have a sablefish at-sea processing exemption, 
defined at Sec. 660.25(b)(3)(iv)(D), subpart C.



Sec. 660.213  Fixed gear fishery--recordkeeping and reporting.

    (a) General. General reporting requirements specified at Sec. 
660.13 (a) through (c), subpart C, apply to limited entry fixed gear 
fishery vessels.
    (b) Declaration reports for limited entry fixed gear fishery 
vessels. Declaration reporting requirements for limited entry fixed gear 
fishery vessels are specified at Sec. 660.13 (d), subpart C.
    (c) VMS requirements for limited entry fixed gear fishery vessels. 
VMS requirements for limited entry fixed gear fishery vessels are 
specified at Sec. 660.14, subpart C.
    (d) Retention of records. (1) Any person landing groundfish must 
retain on board the vessel from which groundfish are landed, and provide 
to an authorized officer upon request, copies of any and all reports of 
groundfish landings containing all data, and in the exact manner, 
required by the applicable state law throughout the cumulative limit 
period during which a landing occurred and for 15 days thereafter.
    (2) For participants in the sablefish primary season, the cumulative 
limit period to which this requirement applies is April 1 through 
October 31 or,

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for an individual permit holder, when that permit holder's tier limit is 
attained, whichever is earlier.



Sec. 660.216  Fixed gear fishery--observer requirements.

    (a) Observer coverage requirements. When NMFS notifies the owner, 
operator, permit holder, or the manager of a catcher vessel, specified 
at Sec. 660.16(c), subpart C, of any requirement to carry an observer, 
the catcher vessel may not be used to fish for groundfish without 
carrying an observer.
    (b) Notice of departure basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a vessel that has 
been notified by NMFS that it is required to carry an observer, or that 
is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (1) Optional notice--weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (b) of this section. If departure is delayed beyond 36 hours 
from the time the original notice is given, the vessel must provide an 
additional notice of departure not less than 4 hours prior to departure, 
in order to enable NMFS to place an observer.
    (2) Optional notice--back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (b) of this section for 
both trips, prior to making the first trip. A vessel that has given such 
notice is not required to give additional notice of the second trip.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any vessel that is required to carry an observer, 
or that is operating in a segment of the fleet that NMFS has identified 
as an active sampling unit.
    (d) Waiver. The Northwest Regional Administrator may provide written 
notification to the vessel owner stating that a determination has been 
made to temporarily waive coverage requirements because of circumstances 
that are deemed to be beyond the vessel's control.
    (e) Vessel responsibilities--(1) Accommodations and food. An 
operator of a vessel required to carry one or more observer(s) must 
provide accommodations and food that are Equivalent to those provided to 
the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this 
chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) to use the 
vessel's communication equipment and personnel, on request, for the 
entry, transmission, and receipt of work-related messages, at no cost to 
the observer(s) or the U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (6) Prior notification. Notify observer(s) at least 15 minutes 
before fish are brought on board, or fish and fish products are 
transferred from the vessel, to allow sampling the catch or observing 
the transfer, unless the observer specifically requests not to be 
notified.
    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal

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logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable 
observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).
    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (v) Allowing the observer(s) to collect biological data and samples.
    (vi) Providing adequate space for storage of biological samples.
    (f) Sample station--(1) Observer sampling station. This paragraph 
contains the requirements for observer sampling stations. The vessel 
owner must provide an observer sampling station that complies with this 
section so that the observer can carry out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch.
    (2) [Reserved]



Sec. 660.219  Fixed gear identification and marking.

    (a) Gear identification. (1) Limited entry fixed gear (longline, 
trap or pot) must be marked at the surface and at each terminal end, 
with a pole, flag, light, radar reflector, and a buoy.
    (2) A buoy used to mark fixed gear must be marked with a number 
clearly identifying the owner or operator of the vessel. The number may 
be either:
    (i) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (ii) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (b) [Reserved]



Sec. 660.220  Fixed gear fishery--crossover provisions.

    (a) Operating in both limited entry and open access fisheries. See 
provisions at Sec. 660.60(h)(7), subpart C.
    (b) Operating in north-south management areas with different trip 
limits. NMFS uses different types of management areas for West Coast 
groundfish management. One type of management area is the north-south 
management area, a large ocean area with northern and southern boundary 
lines wherein trip limits, seasons, and conservation areas follow a 
single theme. Within each north-south management area, there may be one 
or more conservation areas, detailed in Sec. Sec. 660.60(h)(7) and 
660.70 through 660.74, subpart C. The provisions within this paragraph 
apply to vessels operating in different north-south management areas. 
Trip limits for a species or a species group may differ in different 
north-south management areas along the coast. The following 
``crossover'' provisions apply to vessels operating in different 
geographical areas that have different cumulative or ``per trip'' trip 
limits for the same species or species group. Such crossover provisions 
do not apply to species that are subject only to daily trip limits, or 
to the trip limits for black rockfish off Washington (see Sec. 
660.230(d)).
    (1) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (2) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit

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applies, no matter where the fish are taken and retained, possessed, or 
landed.
    (3) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (4) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10' N. lat. management 
line, and are included as part of a minor rockfish complex on the other 
side of the line. A vessel that takes and retains fish from a minor 
rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit period is subject to 
the more restrictive cumulative limit for that minor rockfish complex 
during that period.
    (i) If a vessel takes and retains minor slope rockfish north of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land splitnose rockfish up to its cumulative limit south of 
40[deg]10' N. lat., even if splitnose rockfish were a part of the 
landings from minor slope rockfish taken and retained north of 
40[deg]10' N. lat.
    (ii) If a vessel takes and retains minor slope rockfish south of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land POP up to its cumulative limit north of 40[deg]10' N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 40[deg]10' N. lat.



Sec. 660.230  Fixed gear fishery-management measures.

    (a) General. Most species taken in limited entry fixed gear 
(longline and pot/trap) fisheries will be managed with cumulative trip 
limits (see trip limits in Tables 2 (North) and 2 (South) of this 
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip limits 
in Tables 2 (North) and 2 (South) of this subpart and sablefish primary 
season details in Sec. 660.231), gear restrictions (see paragraph (b) 
of this section), and closed areas (see paragraph (d) of this section 
and Sec. Sec. 660.70 through 660.79, subpart C). Cowcod retention is 
prohibited in all fisheries, and groundfish vessels operating south of 
Point Conception must adhere to CCA restrictions (see paragraph (d)(10) 
of this section and Sec. 660.70, subpart C). Yelloweye rockfish and 
canary rockfish retention is prohibited in the limited entry fixed gear 
fisheries. Regulations governing and tier limits for the limited entry, 
fixed gear sablefish primary season north of 36[deg] N. lat. are found 
in Sec. 660.231, subpart E. Vessels not participating in the sablefish 
primary season are subject to daily or weekly sablefish limits in 
addition to cumulative limits for each cumulative limit period. Only one 
sablefish landing per week may be made in excess of the daily trip limit 
and, if the vessel chooses to make a landing in excess of that daily 
trip limit, then that is the only sablefish landing permitted for that 
week. The trip limit for black rockfish caught with hook-and-line gear 
also applies, see Sec. 660.230(d). The trip limits in Table 2 (North) 
and Table 2 (South) of this subpart apply to vessels participating in 
the limited entry groundfish fixed gear fishery and may not be exceeded. 
Federal commercial groundfish regulations are not intended to supersede 
any more restrictive state commercial groundfish regulations relating to 
federally-managed groundfish.
    (b) Gear restrictions--(1) Longline and pot or trap gear are 
authorized in the limited entry fixed gear fishery, providing the gear 
is in compliance with the restrictions set forth in this section, and 
gear marking requirements described in Sec. 660.219 of this subpart.
    (2) Vessels participating in the limited entry fixed gear fishery 
may also fish with open access gear subject to the gear restrictions at 
Sec. 660.330(b), subpart F, but will be subject to the most restrictive 
trip limits for the gear used as specified at Sec. 660.60(h)(7), 
subpart C.

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    (3) Limited entry fixed gear (longline, trap or pot gear) must be 
attended at least once every 7 days.
    (4) Traps or pots must have biodegradable escape panels constructed 
with 21 or smaller untreated cotton twine in such a manner that an 
opening at least 8 inches (20.3 cm) in diameter results when the twine 
deteriorates.
    (c) Sorting Requirements. (1) Under Sec. 660.12(a)(8), subpart C, 
it is unlawful for any person to ``fail to sort, prior to the first 
weighing after offloading, those groundfish species or species groups 
for which there is a trip limit, size limit, scientific sorting 
designation, quota, harvest guideline, or OY, if the vessel fished or 
landed in an area during a time when such trip limit, size limit, 
scientific sorting designation, quota, harvest guideline, or OY 
applied.'' The States of Washington, Oregon, and California may also 
require that vessels record their landings as sorted on their state 
landing receipts.
    (2) For limited entry fixed gear, the following species must be 
sorted:
    (i) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (ii) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
    (iii) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, California scorpionfish, chilipepper 
rockfish, bocaccio rockfish, splitnose rockfish, Pacific sanddabs, 
cowcod, bronzespotted rockfish and cabezon.
    (d) Groundfish conservation areas applicable to limited entry fixed 
gear vessels. A GCA, a type of closed area, is a geographic area defined 
by coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec. 660.70 through 660.74, subpart C. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the limited entry fixed gear fishery.
    (1) North coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The North Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North coast commercial yelloweye rockfish conservation area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the North Coast Commercial YRCA. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the North Coast Commercial YRCA. Limited entry fixed 
gear vessels may transit through the North Coast Commercial YRCA with or 
without groundfish on board.
    (3) South coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The South Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (4) Westport offshore recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.70, subpart C. The Westport 
Offshore Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.70, 
Subpart C. Fishing with limited entry fixed gear is prohibited within 
the Point St. George

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YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with limited entry fixed gear 
within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Limited entry fixed gear vessels may transit 
through the Point St. George YRCA, at any time, with or without 
groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with limited entry fixed gear is prohibited within the South 
Reef YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the South Reef YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the South Reef YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
South Reef YRCA, at any time, with or without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with limited entry fixed gear is prohibited within the Reading 
Rock YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the Reading Rock YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Reading Rock YRCA from January 
1 through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Reading Rock YRCA, at any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (North) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (North) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point Delgada (North) YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Point Delgada (North) YRCA, at any time, with or without groundfish on 
board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (South) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (South) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point Delgada (South) YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Point Delgada (South) YRCA, at any time, with or without groundfish on 
board.
    (10) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.70, subpart C. It is unlawful to take and retain, 
possess, or land groundfish within the CCAs, except for species 
authorized in this paragraph caught according to gear requirements in 
this paragraph, when those waters are open to fishing. Commercial 
fishing vessels may transit through the Western CCA with their gear 
stowed and groundfish on board

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only in a corridor through the Western CCA bounded on the north by the 
latitude line at 33[deg]00.50' N. lat., and bounded on the south by the 
latitude line at 32[deg]59.50' N. lat. Fishing with limited entry fixed 
gear is prohibited within the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: When using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.13(d), 
subpart C, has been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
    (11) Nontrawl Rockfish Conservation Areas (RCA). The nontrawl RCAs 
are closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.70 through 660.74, subpart C) designed to 
approximate specific depth contours, where fishing for groundfish with 
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout 
the year are provided in the header to Table 2 (North) and Table 2 
(South) of this subpart and may be modified by NMFS inseason pursuant to 
Sec. 660.60(c), subpart C.
    (i) It is unlawful to operate a vessel with limited entry nontrawl 
gear in the nontrawl RCA, except for the purpose of continuous transit, 
or when the use of limited entry nontrawl gear is authorized in this 
section. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry nontrawl gear within the nontrawl RCA, unless 
otherwise authorized in this section.
    (ii) Limited entry nontrawl vessels may transit through the nontrawl 
RCA, with or without groundfish on board, provided all groundfish 
nontrawl gear is stowed either: Below deck; or if the gear cannot 
readily be moved, in a secured and covered manner, detached from all 
lines, so that it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to vessels 
registered to limited entry fixed gear permits fishing for species other 
than groundfish with nontrawl gear on trips where groundfish species are 
retained. Unless otherwise authorized in this section, a vessel may not 
retain any groundfish taken on a fishing trip for species other than 
groundfish that occurs within the nontrawl RCA. If a vessel fishes in a 
non-groundfish fishery in the nontrawl RCA, it may not participate in 
any fishing for groundfish on that trip that is prohibited within the 
nontrawl RCA. [For example, if a vessel fishes in the salmon troll 
fishery within the RCA, the vessel cannot on the same trip fish in the 
sablefish fishery outside of the RCA.]
    (iv) It is lawful to fish within the nontrawl RCA with limited entry 
fixed gear only under the following conditions: when fishing for ``other 
flatfish'' off California (between 42[deg] N. lat. south to the U.S./
Mexico border) using no more than 12 hooks, ``Number 2'' or smaller, 
which measure no more than 11 mm (0.44 inches) point to shank, and up to 
two 1-lb (0.91 kg) weights per line when trip limits authorize such 
fishing, provided a valid declaration report as required at Sec. 
660.13(d), subpart C, has been filed with NMFS OLE.
    (12) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.70, subpart C.
    (13) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is permitted around Cordell Banks using no more 
than 12 hooks, ``Number 2'' or

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smaller, which measure no more than 11 mm (0.44 inches) point to shank, 
and up to two 1-lb (0.45-kg) weights per line.
    (14) Essential Fish Habitat Conservation Areas (EFHCA). An EFHCA, a 
type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude at Sec. Sec. 660.75 
through 660.79, Subpart C, where specified types of fishing are 
prohibited in accordance with Sec. 660.12, Subpart C. EFHCAs apply to 
vessels using ``bottom contact gear,'' which is defined at Sec. 660.11, 
Subpart C to include limited entry fixed gear (longline and pot/trap,) 
among other gear types. Fishing with all bottom contact gear, including 
longline and pot/trap gear, is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. Sec. 660.75 through 660.79, subpart C: Thompson Seamount, 
President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris 
Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, 
Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, 
South Point, and Santa Barbara. Fishing with bottom contact gear is also 
prohibited within the Davidson Seamount EFH Area, which is defined by 
specific latitude and longitude coordinates at Sec. 660.75, subpart C.
    (e) Black rockfish fishery management. The trip limit for black 
rockfish (Sebastes melanops) for commercial fishing vessels using hook-
and-line gear between the U.S.-Canada border and Cape Alava 
(48[deg]09.50' N. lat.), and between Destruction Island (47[deg]40' N. 
lat.) and Leadbetter Point (46[deg]38.17' N. lat.), is 100 lbs (45 kg) 
or 30 percent, by weight of all fish on board, whichever is greater, per 
vessel per fishing trip. These per trip limits apply to limited entry 
and open access fisheries, in conjunction with the cumulative trip 
limits and other management measures in Sec. 660.230, subpart E, and 
Sec. 660.330, subpart F. The crossover provisions in Sec. 
660.60(h)(7), subpart C, do not apply to the black rockfish per-trip 
limits.



Sec. 660.231  Limited entry fixed gear sablefish primary fishery.

    This section applies to the sablefish primary season for the limited 
entry fixed gear fishery north of 36[deg] N. lat. Limited entry and open 
access fixed gear sablefish fishing outside of the sablefish primary 
season north of 36[deg] N. lat. is governed by routine management 
measures imposed under Sec. Sec. 660.230 and 660.232, subpart E.
    (a) Sablefish endorsement. A vessel may not fish in the sablefish 
primary season for the limited entry fixed gear fishery, unless at least 
one limited entry permit with both a gear endorsement for longline or 
trap (or pot) gear and a sablefish endorsement is registered for use 
with that vessel. Permits with sablefish endorsements are assigned to 
one of three tiers, as described at Sec. 660.25(b)(3)(iv), subpart C.
    (b) Sablefish primary season for the limited entry fixed gear 
fishery--(1) Season dates. North of 36[deg] N. lat., the sablefish 
primary season for the limited entry, fixed gear, sablefish-endorsed 
vessels begins at 12 noon local time on April 1 and ends at 12 noon 
local time on October 31, or for an individual permit holder when that 
permit holder's tier limit has been reached, whichever is earlier, 
unless otherwise announced by the Regional Administrator through the 
routine management measures process described at Sec. 660.60, subpart 
C. (2)
    Gear type. During the season primary and when fishing against 
primary season cumulative limits, each vessel authorized to fish in that 
season under paragraph (a) of this section may fish for sablefish with 
any of the gear types, except trawl gear, endorsed on at least one of 
the permits registered for use with that vessel.
    (3) Cumulative limits. (i) A vessel participating in the primary 
season will be constrained by the sablefish cumulative limit associated 
with each of the permits registered for use with that vessel. During the 
primary season, each vessel authorized to fish in that season under 
paragraph (a) of this section may take, retain, possess, and land 
sablefish, up to the cumulative limits for each of the permits 
registered for use with that vessel (i.e., stacked permits). If multiple 
limited entry permits with sablefish endorsements are registered for use 
with a single vessel, that vessel may land up to the total of all 
cumulative limits announced in this paragraph for the tiers

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for those permits, except as limited by paragraph (b)(3)(ii) of this 
section. Up to 3 permits may be registered for use with a single vessel 
during the primary season; thus, a single vessel may not take and 
retain, possess or land more than 3 primary season sablefish cumulative 
limits in any one year. A vessel registered for use with multiple 
limited entry permits is subject to per vessel limits for species other 
than sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under Sec. 660.232, subpart E. In 
2009, the following annual limits are in effect: Tier 1 at 61,296-lb 
(27,803 kg), Tier 2 at 27,862-lb (12,638 kg), and Tier 3 at 15,921-lb 
(7,221 kg). For 2010 and beyond, the following annual limits are in 
effect: Tier 1 at 56,081-lb (25,437 kg), Tier 2 at 25,492-lb (11,562 
kg), and Tier 3 at 14,567-lb (6,648 kg).
    (ii) If a permit is registered to more than one vessel during the 
primary season in a single year, the second vessel may only take the 
portion of the cumulative limit for that permit that has not been 
harvested by the first vessel to which the permit was registered. The 
combined primary season sablefish landings for all vessels registered to 
that permit may not exceed the cumulative limit for the tier associated 
with that permit.
    (iii) A cumulative trip limit is the maximum amount of sablefish 
that may be taken and retained, possessed, or landed per vessel in a 
specified period of time, with no limit on the number of landings or 
trips.
    (iv) Incidental halibut retention north of Pt. Chehalis, WA (46[deg] 
53.30' N. lat.). No halibut retention is allowed during the primary 
sablefish fishery in 2010.
    (4) Owner-on-board requirement. Any person who owns or has ownership 
interest in a limited entry permit with a sablefish endorsement, as 
described at Sec. 660.25(b)(3), subpart C, must be on board the vessel 
registered for use with that permit at any time that the vessel has 
sablefish on board the vessel that count toward that permit's cumulative 
sablefish landing limit. This person must carry government issued photo 
identification while aboard the vessel. A permit owner is not obligated 
to be on board the vessel registered for use with the sablefish-endorsed 
limited entry permit during the sablefish primary season if:
    (i) The person, partnership or corporation had ownership interest in 
a limited entry permit with a sablefish endorsement prior to November 1, 
2000. A person who has ownership interest in a partnership or 
corporation that owned a sablefish-endorsed permit as of November 1, 
2000, but who did not individually own a sablefish-endorsed limited 
entry permit as of November 1, 2000, is not exempt from the owner-on-
board requirement when he/she leaves the partnership or corporation and 
purchases another permit individually. A person, partnership, or 
corporation that is exempt from the owner-on-board requirement may sell 
all of their permits, buy another sablefish-endorsed permit within up to 
a year from the date the last permit was approved for transfer, and 
retain their exemption from the owner-on-board requirements. 
Additionally, a person, partnership, or corporation that qualified for 
the owner-on-board exemption, but later divested their interest in a 
permit or permits, may retain rights to an owner-on-board exemption as 
long as that person, partnership, or corporation purchases another 
permit by March 2, 2007. A person, partnership or corporation could only 
purchase a permit if it has not added or changed individuals since 
November 1, 2000, excluding individuals that have left the partnership 
or corporation, or that have died.
    (ii) The person who owns or who has ownership interest in a 
sablefish-endorsed limited entry permit is prevented from being on board 
a fishing vessel because the person died, is ill, or is injured. The 
person requesting the exemption must send a letter to NMFS requesting an 
exemption from the owner-on-board requirements, with appropriate 
evidence as described at paragraph (b)(4)(ii)(A) or (B) of this section. 
All emergency exemptions for death, injury, or illness will be evaluated 
by NMFS and a decision will be made in writing to the permit owner 
within 60 calendar days of receipt of the original exemption request.
    (A) Evidence of death of the permit owner shall be provided to NMFS 
in

[[Page 135]]

the form of a copy of a death certificate. In the interim before the 
estate is settled, if the deceased permit owner was subject to the 
owner-on-board requirements, the estate of the deceased permit owner may 
send a letter to NMFS with a copy of the death certificate, requesting 
an exemption from the owner-on-board requirements. An exemption due to 
death of the permit owner will be effective only until such time that 
the estate of the deceased permit owner has transferred the deceased 
permit owner's permit to a beneficiary or up to three years after the 
date of death as proven by a death certificate, whichever is earlier. An 
exemption from the owner-on-board requirements will be conveyed in a 
letter from NMFS to the estate of the permit owner and is required to be 
on the vessel during fishing operations.
    (B) Evidence of illness or injury that prevents the permit owner 
from participating in the fishery shall be provided to NMFS in the form 
of a letter from a certified medical practitioner. This letter must 
detail the relevant medical conditions of the permit owner and how those 
conditions prevent the permit owner from being onboard a fishing vessel 
during the primary season. An exemption due to injury or illness will be 
effective only for the fishing year of the request for exemption, and 
will not be granted for more than three consecutive or total years. NMFS 
will consider any exemption granted for less than 12 months in a year to 
count as one year against the 3-year cap. In order to extend an 
emergency medical exemption for a succeeding year, the permit owner must 
submit a new request and provide documentation from a certified medical 
practitioner detailing why the permit owner is still unable to be 
onboard a fishing vessel. An emergency exemption will be conveyed in a 
letter from NMFS to the permit owner and is required to be on the vessel 
during fishing operations.



Sec. 660.232  Limited entry daily trip limit (DTL) fishery for sablefish.

    (a) Limited entry DTL fisheries both north and south of 36[deg] N. 
lat.--(1) Before the start of the primary season for the sablefish tier 
limit fishery, all sablefish landings made by a vessel authorized by 
Sec. 660.231(a) to fish in the primary season will be subject to the 
restrictions and limits of the limited entry daily and/or weekly trip 
limit (DTL) fishery for sablefish specified in this section and which is 
governed by routine management measures imposed under Sec. 660.60(c), 
subpart C.
    (2) Following the start of the primary season, all landings made by 
a vessel authorized by Sec. 660.231(a) of this subpart to fish in the 
primary season will count against the primary season cumulative limit(s) 
associated with the permit(s) registered for use with that vessel. A 
vessel that is eligible to fish in the sablefish primary season may fish 
in the DTL fishery for sablefish once that vessels' primary season 
sablefish limit(s) have been taken, or after the end of the primary 
season, whichever occurs earlier. Any subsequent sablefish landings by 
that vessel will be subject to the restrictions and limits of the 
limited entry DTL fishery for sablefish for the remainder of the fishing 
year.
    (3) No vessel may land sablefish against both its primary season 
cumulative sablefish limits and against the DTL fishery limits within 
the same 24 hour period of 0001 hours local time to 2400 hours local 
time. If a vessel has taken all of its tier limit except for an amount 
that is smaller than the DTL amount, that vessel's subsequent sablefish 
landings are automatically subject to DTL limits.
    (4) Vessels registered for use with a limited entry, fixed gear 
permit that does not have a sablefish endorsement may fish in the 
limited entry, DTL fishery for as long as that fishery is open during 
the fishing year, subject to routine management measures imposed under 
Sec. 660.60(c), Subpart C. DTL limits for the limited entry fishery 
north and south of 36[deg] N. lat. are provided in Tables 2 (North) and 
2 (South) of this subpart.
    (b) [Reserved]

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   Sec. Table 2 (North) to Part 660, Subpart E--2010 Trip Limits for 
        Limited Entry Fixed Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.016


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[GRAPHIC] [TIFF OMITTED] TR01OC10.017


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   Sec. Table 2 (South) to Part 660, Subpart E--2010 Trip Limits for 
        Limited Entry Fixed Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.018


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[GRAPHIC] [TIFF OMITTED] TR01OC10.019



          Subpart F_West Coast Groundfish_Open Access Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart F was 
added, effective Nov. 1, 2010.



Sec. 660.310  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish open access 
fishery. The open access fishery, as defined at Sec. 660.11, Subpart C, 
is the fishery composed of commercial vessels using open access gear 
fished pursuant to the harvest guidelines, quotas, and other management 
measures specified for the harvest of open access allocations or 
governing the fishing activities of open access vessels.



Sec. 660.311  Open access fishery--definitions.

    General definitions for the Pacific Coast groundfish fisheries are 
defined at Sec. 660.11, subpart C. The definitions in this subpart are 
specific to the open access fishery covered in this subpart and are in 
addition to those specified at Sec. 660.11, subpart C.
    Closely tended for the purposes of this subpart means that a vessel 
is within visual sighting distance or within 0.25 nm (463 m) of the gear 
as determined by electronic navigational equipment.



Sec. 660.312  Open access fishery--prohibitions.

    General groundfish prohibitions for the Pacific Coast groundfish 
fisheries are defined at Sec. 660.12, subpart C. In addition to the 
general groundfish prohibitions, it is unlawful for any person to:
    (a) General. (1) Take and retain, possess, or land groundfish in 
excess of the landing limit for the open access fishery without having a 
valid limited entry permit for the vessel affixed with a gear 
endorsement for the gear used to catch the fish.
    (2) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under Sec. 
660.60 (c)(1)(ii), subpart C), more than the amount of the trip limit 
set for black rockfish by Sec. 660.330(e) while that vessel is fishing

[[Page 140]]

between the U.S.-Canada border and Cape Alava (48[deg]09'30'' N. lat.), 
or between Destruction Island (47[deg]40'00'' N. lat.) and Leadbetter 
Point (46[deg]38'10'' N. lat.).
    (b) Gear. (1) Possess, deploy, haul, or carry onboard a fishing 
vessel subject to this subpart a set net, trap or pot, longline, or 
commercial vertical hook-and-line that is not in compliance with the 
gear restrictions in Sec. 660.330(b), subpart F, unless such gear is 
the gear of another vessel that has been retrieved at sea and made 
inoperable or stowed in a manner not capable of being fished. The 
disposal at sea of such gear is prohibited by Annex V of the 
International Convention for the Prevention of Pollution From Ships, 
1973 (Annex V of MARPOL 73/78).
    (2) Fish with dredge gear (defined in Sec. 660.11) anywhere within 
EFH within the EEZ, as defined by latitude/longitude coordinates at 
Sec. 660.75.
    (3) Fish with beam trawl gear (defined in Sec. 660.11) anywhere 
within EFH within the EEZ, as defined by latitude/longitude coordinates 
at Sec. 660.75.
    (4) Fish with bottom trawl gear with a footrope diameter greater 
than 19 inches (48 cm) (including rollers, bobbins, or other material 
encircling or tied along the length of the footrope) anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.75.
    (c) Fishing in conservation areas with open access gears. (1) 
Operate a vessel with non-groundfish trawl gear onboard in any 
applicable GCA (as defined at Sec. 660.330(d)) except for purposes of 
continuous transiting, with all trawl gear stowed in accordance with 
Sec. 660.330(b), or except as authorized in the groundfish management 
measures published at Sec. 660.330.
    (2) Operate a vessel in an applicable GCA (as defined at Sec. 
660.330(d) that has nontrawl gear onboard and is not registered to a 
limited entry permit on a trip in which the vessel is used to take and 
retain or possess groundfish in the EEZ, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with all 
groundfish nontrawl gear stowed in accordance with Sec. 660.330(b), or 
except as authorized in the groundfish management measures published at 
Sec. 660.330.
    (3) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined in Sec. Sec. 
660.78 and 660.79): Thompson Seamount, President Jackson Seamount, 
Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, 
Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, 
Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara.
    (4) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75).



Sec. 660.313  Open access fishery--recordkeeping and reporting.

    (a) General. General reporting requirements specified at Sec. 
660.13(a) through (c) of subpart C apply to open access fisheries.
    (b) Declaration reports for vessels using nontrawl gear. Declaration 
reporting requirements for open access vessels using nontrawl gear (all 
types of open access gear other than non-groundfish trawl gear) are 
specified at Sec. 660.13(d).
    (c) Declaration reports for vessels using non-groundfish trawl gear. 
Declaration reporting requirements for open access vessels using non-
groundfish trawl gear are specified at Sec. 660.13(d).
    (d) VMS requirements for open access fishery vessels. VMS 
requirements for open access fishery vessels are specified at Sec. 
660.14, subpart C.
    (e) Retention of records. Any person landing groundfish must retain 
on board the vessel from which groundfish is landed, and provide to an 
authorized officer upon request, copies of any and all reports of 
groundfish landings containing all data, and in the exact manner, 
required by the applicable state law throughout the cumulative limit 
period during which a landing occurred and for 15 days thereafter.



Sec. 660.316  Open access fishery--observer requirements.

    (a) Observer coverage requirements. When NMFS notifies the owner, 
operator, permit holder, or the manager of a catcher vessel, specified 
at Sec. 660.16(c), subpart C, of any requirement to carry an observer, 
the catcher vessel may not be used to fish for

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groundfish without carrying an observer.
    (b) Notice of departure--basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a vessel that has 
been notified by NMFS that it is required to carry an observer, or that 
is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (1) Optional notice--weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (b) of this section. If departure is delayed beyond 36 hours 
from the time the original notice is given, the vessel must provide an 
additional notice of departure not less than 4 hours prior to departure, 
in order to enable NMFS to place an observer.
    (2) Optional notice--back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (b) of this section for 
both trips, prior to making the first trip. A vessel that has given such 
notice is not required to give additional notice of the second trip.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any vessel that is required to carry an observer, 
or that is operating in a segment of the fleet that NMFS has identified 
as an active sampling unit.
    (d) Waiver. The Northwest Regional Administrator may provide written 
notification to the vessel owner stating that a determination has been 
made to temporarily waive coverage requirements because of circumstances 
that are deemed to be beyond the vessel's control.
    (e) Vessel responsibilities--(1) Accommodations and food. An 
operator of a vessel required to carry one or more observer(s) must 
provide accommodations and food that are Equivalent to those provided to 
the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this 
chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) to use the 
vessel's communication equipment and personnel, on request, for the 
entry, transmission, and receipt of work-related messages, at no cost to 
the observer(s) or the U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (6) Prior notification. Notify observer(s) at least 15 minutes 
before fish are brought on board, or fish and fish products are 
transferred from the vessel, to allow sampling the catch or observing 
the transfer, unless the observer specifically requests not to be 
notified.
    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable 
observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).

[[Page 142]]

    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (v) Allowing the observer(s) to collect biological data and samples.
    (vi) Providing adequate space for storage of biological samples.
    (f) Sample station--(1) Observer sampling station. This paragraph 
contains the requirements for observer sampling stations. The vessel 
owner must provide an observer sampling station that complies with this 
section so that the observer can carry out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch.



Sec. 660.319  Open access fishery gear identification and marking.

    (a) Gear identification. (1) Open access fixed gear (longline, trap 
or pot, set net and stationary hook-and-line gear, including commercial 
vertical hook-and-line gear) must be marked at the surface and at each 
terminal end, with a pole, flag, light, radar reflector, and a buoy.
    (2) Open access commercial vertical hook-and-line gear that is 
closely tended as defined at Sec. 660.311 of this subpart, may be 
marked only with a single buoy of sufficient size to float the gear.
    (3) A buoy used to mark fixed gear under paragraph (a)(1) or (a)(2) 
of this section must be marked with a number clearly identifying the 
owner or operator of the vessel. The number may be either:
    (i) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (ii) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (b) [Reserved]



Sec. 660.320  Open access fishery--crossover provisions.

    (a) Operating in both limited entry and open access fisheries. See 
provisions at Sec. 660.60, subpart C.
    (b) Operating in north-south management areas with different trip 
limits. NMFS uses different types of management areas for West Coast 
groundfish management. One type of management area is the north-south 
management area, a large ocean area with northern and southern boundary 
lines wherein trip limits, seasons, and conservation areas follow a 
single theme. Within each north-south management area, there may be one 
or more conservation areas, detailed in Sec. Sec. 660.11 and 660.70 
through 660.74, subpart C. The provisions within this paragraph apply to 
vessels operating in different north-south management areas. Trip limits 
for a species or a species group may differ in different north-south 
management areas along the coast. The following ``crossover'' provisions 
apply to vessels operating in different geographical areas that have 
different cumulative or ``per trip'' trip limits for the same species or 
species group. Such crossover provisions do not apply to species that 
are subject only to daily trip limits, or to the trip limits for black 
rockfish off Washington (see Sec. 660.330(e)).
    (1) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (2) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit

[[Page 143]]

applies, no matter where the fish are taken and retained, possessed, or 
landed.
    (3) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (4) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10' N. lat. management 
line, and are included as part of a minor rockfish complex on the other 
side of the line. A vessel that takes and retains fish from a minor 
rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit period is subject to 
the more restrictive cumulative limit for that minor rockfish complex 
during that period.
    (i) If a vessel takes and retains minor slope rockfish north of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land splitnose rockfish up to its cumulative limit south of 
40[deg]10' N. lat., even if splitnose rockfish were a part of the 
landings from minor slope rockfish taken and retained north of 
40[deg]10' N. lat.
    (ii) If a vessel takes and retains minor slope rockfish south of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land POP up to its cumulative limit north of 40[deg]10' N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 40[deg]10' N. lat.
    (5) ``DTS complex''. There are often differential trawl trip limits 
for the ``DTS complex'' north and south of latitudinal management lines. 
Vessels operating in the limited entry trawl fishery are subject to the 
crossover provisions in paragraph (b) of this section when making 
landings that include any one of the four species in the ``DTS 
complex.''



Sec. 660.330  Open access fishery--management measures.

    (a) General. Groundfish species taken in open access fisheries will 
be managed with cumulative trip limits (see trip limits in Tables 3 
(North) and 3 (South) of this subpart), size limits (see Sec. 
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South) of 
this subpart), gear restrictions (see paragraph (b) of this section), 
and closed areas (see paragraph (d) of this section and Sec. Sec. 
660.70 through 660.79, subpart C). Unless otherwise specified, a vessel 
operating in the open access fishery is subject to, and must not exceed 
any trip limit, frequency limit, and/or size limit for the open access 
fishery. Cowcod retention is prohibited in all fisheries and groundfish 
vessels operating south of Point Conception must adhere to CCA 
restrictions (see paragraph (d)(11) of this section and Sec. 660.70, 
subpart C). Retention of yelloweye rockfish and canary rockfish is 
prohibited in all open access fisheries. For information on the open 
access daily/weekly trip limit fishery for sablefish, see Sec. 660.332 
and the trip limits in Tables 3 (North) and 3 (South) of this subpart. 
Open access vessels are subject to daily or weekly sablefish limits in 
addition to cumulative limits for each cumulative limit period. Only one 
sablefish landing per week may be made in excess of the daily trip limit 
and, if the vessel chooses to make a landing in excess of that daily 
trip limit, then that is the only sablefish landing permitted for that 
week. The trip limit for black rockfish caught with hook-and-line gear 
also applies, see paragraph (e) of this section. Open access vessels 
that fish with non-groundfish trawl gear or in the salmon troll fishery 
north of 40[deg]10' N. lat. are subject the cumulative limits and closed 
areas (except the pink shrimp fishery which is not subject to RCA 
restrictions) listed in Tables 3 (North) and 3 (South) of this subpart. 
Federal commercial groundfish regulations are not intended to supersede 
any more restrictive state commercial groundfish regulations relating to 
federally managed groundfish.

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    (b) Gear restrictions. Open access gear includes longline, trap, 
pot, hook-and-line (fixed or mobile), setnet (anchored gillnet or 
trammel net, which are permissible south of 38[deg] N. lat. only), spear 
and non-groundfish trawl gear (trawls used to target non-groundfish 
species: pink shrimp or ridgeback prawns, and, south of Pt. Arena, CA 
(38[deg]57.50' N. lat.), California halibut or sea cucumbers). 
Restrictions for gears used in the open access fisheries are as follows:
    (1) Non-groundfish trawl gear. Non-groundfish trawl gear is 
generally trawl gear used to target pink shrimp, ridgeback prawn, 
California halibut and sea cucumber and is exempt from the limited entry 
trawl gear restrictions at Sec. 660.130(b). The following gear 
restrictions apply to non-groundfish trawl gear:
    (i) Bottom trawl gear with a footrope diameter greater than 19 
inches (48 cm) (including rollers, bobbins, or other material encircling 
or tied along the length of the footrope) is prohibited anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.75. unless such gear is the gear of another vessel that has been 
retrieved at sea and made inoperable or stowed in a manner not capable 
of being fished. The disposal at sea of such gear is prohibited by Annex 
V of the International Convention for the Prevention of Pollution From 
Ships, 1973 (Annex V of MARPOL 73/78).
    (ii) [Reserved]
    (2) Fixed gear. (i) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be attended at least once every 7 days.
    (ii) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38[deg]00.00' N. lat.
    (iii) Traps or pots. Traps must have biodegradable escape panels 
constructed with 21 or smaller untreated cotton twine in such a manner 
that an opening at least 8 inches (20.3 cm) in diameter results when the 
twine deteriorates.
    (iv) Spears. Spears may be propelled by hand or by mechanical means.
    (c) Sorting. Under Sec. 660.12(a)(8), subpart C, it is unlawful for 
any person to ``fail to sort, prior to the first weighing after 
offloading, those groundfish species or species groups for which there 
is a trip limit, size limit, scientific sorting designation, quota, 
harvest guideline, or OY, if the vessel fished or landed in an area 
during a time when such trip limit, size limit, scientific sorting 
designation, quota, harvest guideline, or OY applied.'' The States of 
Washington, Oregon, and California may also require that vessels record 
their landings as sorted on their state landing receipts. For open 
access vessels, the following species must be sorted:
    (1) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (2) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
    (3) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, chilipepper rockfish, bocaccio 
rockfish, splitnose rockfish, cowcod, bronzespotted rockfish and 
cabezon.
    (d) Groundfish conservation areas affecting open access vessels. A 
GCA, a type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the open access groundfish fishery.
    (1) North coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The

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North Coast Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (2) North coast commercial yelloweye rockfish conservation area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the North Coast Commercial YRCA. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the North Coast Commercial YRCA. Open access vessels may transit through 
the North Coast Commercial YRCA with or without groundfish on board.
    (3) South coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The South Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (4) Westport offshore recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.70, subpart C. The Westport 
Offshore Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.70, 
subpart C. Fishing with open access gear is prohibited within the Point 
St. George YRCA, on dates when the closure is in effect. It is unlawful 
to take and retain, possess, or land groundfish taken with open access 
gear within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the Point 
St. George YRCA, at any time, with or without groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with open access gear is prohibited within the South Reef YRCA, 
on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the South Reef YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the South Reef YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Open access gear 
vessels may transit through the South Reef YRCA, at any time, with or 
without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with open access gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Reading Rock YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Reading Rock YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Open access gear vessels may transit through the Reading Rock YRCA, at 
any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (North) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
Point Delgada (North) YRCA from January 1 through December 31. This 
closure may be imposed

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through inseason adjustment. Open access gear vessels may transit 
through the Point Delgada (North) YRCA, at any time, with or without 
groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (South) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
Point Delgada (South) YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Open access gear 
vessels may transit through the Point Delgada (South) YRCA, at any time, 
with or without groundfish on board.
    (10) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The 
latitude and longitude coordinates of the Salmon Troll YRCA boundaries 
are specified in the groundfish regulations at Sec. 660.70, subpart C, 
and in the salmon regulations at Sec. 660.405. Fishing with salmon 
troll gear is prohibited within the Salmon Troll YRCA. It is unlawful 
for commercial salmon troll vessels to take and retain, possess, or land 
fish taken with salmon troll gear within the Salmon Troll YRCA. Open 
access vessels may transit through the Salmon Troll YRCA with or without 
fish on board.
    (11) Cowcod Conservation Areas (CCAs). The latitude and longitude 
coordinates of the CCAs boundaries are specified at Sec. 660.70, 
subpart C. It is unlawful to take and retain, possess, or land 
groundfish within the CCAs, except for species authorized in this 
paragraph caught according to gear requirements in this paragraph, when 
those waters are open to fishing. Commercial fishing vessels may transit 
through the Western CCA with their gear stowed and groundfish on board 
only in a corridor through the Western CCA bounded on the north by the 
latitude line at 33[deg]00.50' N. lat., and bounded on the south by the 
latitude line at 32[deg]59.50' N. lat. Fishing with open access gear is 
prohibited in the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.12(d), subpart C, has been filed with NMFS OLE.
    (12) Nontrawl rockfish conservation areas for the open access 
fisheries. The nontrawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec. 660.70 
through 660.74, subpart C) designed to approximate specific depth 
contours, where fishing for groundfish with nontrawl gear is prohibited. 
Boundaries for the nontrawl RCA throughout the year are provided in the 
open access trip limit tables, Table 3 (North) and Table 3 (South) of 
this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.60(c).
    (i) It is unlawful to operate a vessel in the nontrawl RCA that has 
nontrawl gear onboard and is not registered to a limited entry permit on 
a trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ, or land groundfish taken in the EEZ, except for 
the purpose of continuous transiting, or when the use of nontrawl gear 
is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with 
nontrawl open access gear and retained, the open access nontrawl vessel 
may transit through the nontrawl RCA only if all groundfish nontrawl 
gear is stowed either: Below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so that 
it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to vessels 
taking and retaining or possessing groundfish

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in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise 
authorized by part 660, a vessel may not retain any groundfish taken on 
a fishing trip for species other than groundfish that occurs within the 
nontrawl RCA. If a vessel fishes in a non-groundfish fishery in the 
nontrawl RCA, it may not participate in any fishing for groundfish on 
that trip that is prohibited within the nontrawl RCA. [For example, if a 
vessel fishes in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip fish in the sablefish fishery outside of the 
RCA.]
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N. lat. south to the U.S./Mexico border) is permitted within the 
nontrawl RCA with fixed gear only under the following conditions: When 
using no more than 12 hooks, ``Number 2'' or smaller, which measure no 
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 
kg) weights per line when trip limits authorize such fishing; and 
provided a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE.
    (13) Non-groundfish trawl rockfish conservation areas for the open 
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs are 
closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.70 through 660.74, subpart C) designed to 
approximate specific depth contours, where fishing for groundfish with 
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout 
the year are provided in the open access trip limit tables, Table 3 
(North) and Table 3 (South) of this subpart and may be modified by NMFS 
in season pursuant to Sec. 660.60(c).
    (i) It is unlawful to operate a vessel in the non-groundfish trawl 
RCA with non-groundfish trawl gear onboard, except for the purpose of 
continuous transiting, or when the use of trawl gear is authorized in 
part 660. It is unlawful to take and retain, possess, or land groundfish 
taken with non-groundfish trawl gear within the nontrawl RCA, unless 
otherwise authorized in part 660.
    (ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all 
non-groundfish trawl gear is stowed either: Below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all towing lines, so that it is rendered unusable for fishing; or 
remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors.
    (iii) The non-groundfish trawl RCA restrictions in this section 
apply to vessels taking and retaining or possessing groundfish in the 
EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized 
by Part 660, it is unlawful for a vessel to retain any groundfish taken 
on a fishing trip for species other than groundfish that occurs within 
the non-groundfish trawl RCA. If a vessel fishes in a non-groundfish 
fishery in the non-groundfish trawl RCA, it may not participate in any 
fishing on that trip that is prohibited within the non-groundfish trawl 
RCA. [For example, if a vessel fishes in the pink shrimp fishery within 
the RCA, the vessel cannot on the same trip fish in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supersedes any 
state regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (iv) It is lawful to fish with non-groundfish trawl gear within the 
non-groundfish trawl RCA only under the following conditions:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA when a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE. Groundfish caught with pink 
shrimp trawl gear may be retained anywhere in the EEZ and are subject to 
the limits in Table 3 (North) and Table 3 (South) of this subpart.
    (B) When the shoreward line of the trawl RCA is shallower than 100 
fm (183 m), vessels using ridgeback prawn trawl gear south of 
34[deg]27.00' N. lat. may operate out to the 100 fm (183 m) boundary 
line specified at Sec. 660.73 when a valid declaration report as 
required at Sec. 660.12(d), subpart C, has been filed with NMFS OLE. 
Groundfish caught with ridgeback prawn trawl gear are

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subject to the limits in Table 3 (North) and Table 3 (South) of this 
subpart.
    (14) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.70, subpart C.
    (15) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is permitted around Cordell Banks using no more 
than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1-lb (0.45 kg) weights per 
line.
    (16) Essential fish habitat conservation areas (EFHCA). An EFHCA, a 
type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude at Sec. Sec. 660.76 
through 660.79, where specified types of fishing are prohibited in 
accordance with Sec. 660.12, subpart C. EFHCAs apply to vessels using 
bottom trawl gear and or vessels using ``bottom contact gear,'' which is 
defined at Sec. 660.11, subpart C, and includes, but is not limited to: 
Beam trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom.
    (i) The following EFHCAs apply to vessels operating within the EEZ 
off the coasts of Washington, Oregon, and California with bottom trawl 
gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.75 and 
660.76.
    (B) Shoreward of a boundary line approximating the 100-m (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.73.
    (C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.77 through 
660.78: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, 
Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/
Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater 
off Coos Bay, Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with all bottom trawl gear except demersal seine gear (defined 
at Sec. 660.11, subpart C) is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. 660.79: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (E) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. Sec. 660.398-.399: Thompson Seamount, President 
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, 
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington 
Point, Judith Rock, Skunk

[[Page 149]]

Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing 
with bottom contact gear is also prohibited within the Davidson Seamount 
EFH Area, which is defined by specific latitude and longitude 
coordinates at Sec. 660.75, subpart C.
    (ii) [Reserved]
    (e) Black rockfish fishery management. The trip limit for black 
rockfish (Sebastes melanops) for commercial fishing vessels using hook-
and-line gear between the U.S.-Canada border and Cape Alava 
(48[deg]09.50' N. lat.), and between Destruction Island (47[deg]40' N. 
lat.) and Leadbetter Point (46[deg]38.17' N. lat.), is 100-lbs (45 kg) 
or 30 percent, by weight of all fish on board, whichever is greater, per 
vessel per fishing trip. These per trip limits apply to limited entry 
and open access fisheries, in conjunction with the cumulative trip 
limits and other management measures in Sec. Sec. 660.230 and 660.330. 
The crossover provisions in Sec. 660.60(h)(7), subpart C, do not apply 
to the black rockfish per-trip limits.



Sec. 660.332  Open access daily trip limit (DTL) fishery for sablefish.

    (a) Open access DTL fisheries both north and south of 36[deg] N. 
lat. Open access vessels may fish in the open access, daily trip limit 
fishery for as long as that fishery is open during the year, subject to 
the routine management measures imposed under Sec. 660.60, subpart C.
    (b) Trip limits. (1) Daily and/or weekly trip limits for the open 
access fishery north and south of 36[deg] N. lat. are provided in Tables 
3 (North) and 3 (South) of this subpart.
    (2) Trip and/or frequency limits may be imposed in the limited entry 
fishery on vessels that are not participating in the primary season 
under Sec. 660.60, subpart C.
    (3) Trip and/or size limits to protect juvenile sablefish in the 
limited entry or open access fisheries also may be imposed at any time 
under Sec. 660.60, subpart C.
    (4) Trip limits may be imposed in the open access fishery at any 
time under Sec. 660.60, subpart C.



Sec. 660.333  Open access non-groundfish trawl fishery--management measures.

    (a) General. Groundfish taken with non-groundfish trawl gear by 
vessels engaged in fishing for pink shrimp, ridgeback prawns, California 
halibut, or sea cucumbers. Trip limits for groundfish retained in the 
ridgeback prawn, California halibut, or sea cucumber fisheries are in 
the open access trip limit table, Table 3 (South) of this subpart. Trip 
limits for groundfish retained in the pink shrimp fishery are in Tables 
3 (North) and 3 (South) of this subpart. The table also generally 
describes the RCAs for vessels participating in these fisheries.
    (b) Participation in the ridgeback prawn fishery. A trawl vessel 
will be considered participating in the ridgeback prawn fishery if:
    (1) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.25(b) for trawl gear; and
    (2) The landing includes ridgeback prawns taken in accordance with 
California Fish and Game Code, section 8595, which states: ``Prawns or 
shrimp may be taken for commercial purposes with a trawl net, subject to 
Article 10 (commencing with Section 8830) of Chapter 3.''
    (c) Participation in the California halibut fishery. (1) A trawl 
vessel will be considered participating in the California halibut 
fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660. 25(b) for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50' N. lat.); and
    (iii) The landing includes California halibut of a size required by 
California Fish and Game Code section 8392, which states: ``No 
California halibut may be taken, possessed or sold which measures less 
than 22 in (56 cm) in total length, unless it weighs 4-lb (1.8144 kg) or 
more in the round, 3 and one-half lbs (1.587 kg) or more dressed with 
the head on, or 3-lbs (1.3608 kg) or more dressed with the head off. 
Total length means the shortest distance between the tip of the jaw or 
snout, whichever extends farthest while the mouth is closed, and the tip 
of the

[[Page 150]]

longest lobe of the tail, measured while the halibut is lying flat in 
natural repose, without resort to any force other than the swinging or 
fanning of the tail.''
    (2) [Reserved]
    (d) Participation in the sea cucumber fishery. A trawl vessel will 
be considered to be participating in the sea cucumber fishery if:
    (1) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660. 25(b) for trawl gear;
    (2) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50' N. lat.); and
    (3) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code, section 8405, which requires a permit 
issued by the State of California.
    (e) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for pink shrimp. Notwithstanding Sec. 660.60(h)(7), 
a vessel that takes and retains pink shrimp and also takes and retains 
groundfish in either the limited entry or another open access fishery 
during the same applicable cumulative limit period that it takes and 
retains pink shrimp (which may be 1 month or 2 months, depending on the 
fishery and the time of year), may retain the larger of the two limits, 
but only if the limit(s) for each gear or fishery are not exceeded when 
operating in that fishery or with that gear. The limits are not 
additive; the vessel may not retain a separate trip limit for each 
fishery.

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 Sec. Table 3 (North) to Part 660, Subpart F--2010 Trip Limits for Open 
              Access Gears North of 40[deg]10[min] N. Lat.
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 Sec. Table 3 (South) to Part 660, Subpart F--2010 Trip Limits for Open 
              Access Gears South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.022


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[GRAPHIC] [TIFF OMITTED] TR01OC10.023


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                Subpart G_West Coast Groundfish Fisheries



Sec. 660.301  Purpose and scope.

    (a) This subpart implements the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP) developed by the Pacific Fishery Management 
Council. This subpart governs fishing vessels of the U.S. in the EEZ off 
the coasts of Washington, Oregon, and California. All weights are in 
round weight or round-weight equivalents, unless specified otherwise.
    (b) Any person fishing subject to this subpart is bound by the 
international boundaries described in this section, notwithstanding any 
dispute or negotiation between the U.S. and any neighboring country 
regarding their respective jurisdictions, until such time as new 
boundaries are established or recognized by the U.S.

[69 FR 42347, July 15, 2004, as amended at 71 FR 27414, May 11, 2006]



Sec. 660.302  Definitions.

    Active sampling unit means a portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    Address of record. Address of Record means the business address of a 
person, partnership, or corporation used by NMFS to provide notice of 
actions.
    Allocation.(See Sec. 600.10).
    Base permit, with respect to a limited entry permit stacking 
program, means a limited entry permit described at Sec. 660.333(a) 
registered for use with a vessel that meets the permit length 
endorsement requirements appropriate to that vessel, as described at 
Sec. 660.334(c).
    Biennial fishing period means a 24-month period beginning at 0001 
local time on January 1 and ending at 2400 local time on December 31 of 
the subsequent year.
    BMSY means the biomass level that produces maximum sustainable yield 
(MSY), as stated in the PCGFMP at Section 4.2.
    Catch, take, harvest.(See Sec. 600.10).
    Change in partnership or corporation means the addition of a new 
shareholder or partner to the corporate or partnership membership. This 
definition of a ``change'' will apply to any person added to the 
corporate or partnership membership since November 1, 2000, including 
any family member of an existing shareholder or partner. A change in 
membership is not considered to have occurred if a member dies or 
becomes legally incapacitated and a trustee is appointed to act on his 
behalf, nor if the ownership of shares among existing members changes, 
nor if a member leaves the corporation or partnership and is not 
replaced. Changes in the ownership of publicly held stock will not be 
deemed changes in ownership of the corporation.
    Closure or closed means, when referring to closure of a fishery or a 
closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
    Commercial fishing means:
    (1) Fishing by a person who possesses a commercial fishing license 
or is required by law to possess such license issued by one of the 
states or the Federal Government as a prerequisite to taking, landing 
and/or sale; or
    (2) Fishing that results in or can be reasonably expected to result 
in sale, barter, trade or other disposition of fish for other than 
personal consumption.
    Commercial harvest guideline or commercial quota means the harvest 
guideline or quota after subtracting any allocation for the Pacific 
Coast treaty Indian tribes, projected research catch, recreational 
fisheries set-asides or harvest guidelines, deductions for fishing 
mortality in non-groundfish fisheries, as necessary, and set-asides for 
compensation fishing under Sec. 660.350.Limited entry and open access 
allocations are derived from the commercial harvest guideline or quota.
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may

[[Page 156]]

be prohibited. GCAs are created and enforced for the purpose of 
contributing to the rebuilding of overfished West Coast groundfish 
species. Regulations at Sec. 660.390 define coordinates for these 
polygonal GCAs: Yelloweye Rockfish Conservation Areas, Cowcod 
Conservation Areas, waters encircling the Farallon Islands, and waters 
encircling the Cordell Banks. GCAs also include Rockfish Conservation 
Areas or RCAs, which are areas closed to fishing by particular gear 
types, bounded by lines approximating particular depth contours. RCA 
boundaries may and do change seasonally according to the different 
conservation needs of the different overfished species. Regulations at 
Sec. Sec. 660.390 through 660.394 define RCA boundary lines with 
latitude/longitude coordinates; regulations at Tables 3 5 of Part 660 
set RCA seasonal boundaries. Fishing prohibitions associated with GCAs 
are in addition to those associated with EFH Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude, wherein fishing by a particular gear type or types may be 
prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec. 660.396 - .399 define EFHCA boundary 
lines with latitude/longitude coordinates. Fishing prohibitions 
associated with EFHCAs, which are found at Sec. 660.306, are in 
addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing vessel 
crosses a groundfish conservation area or EFH conservation area on a 
constant heading, along a continuous straight line course, while making 
way by means of a source of power at all times, other than drifting by 
means of the prevailing water current or weather conditions.
    Corporation is a legal, business entity, including incorporated 
(INC) and limited liability corporations (LLC).
    Council means the Pacific Fishery Management Council, including its 
Groundfish Management Team, Scientific and Statistical Committee (SSC), 
Groundfish Advisory Subpanel (GAP), and any other committee established 
by the Council.
    Direct financial interest means any source of income to or capital 
investment or other interest held by an individual, partnership, or 
corporation or an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
duties.
    Electronic fish ticket means a software program or data files 
meeting data export specifications approved by NMFS that is used to send 
landing data to the Pacific States Marine Fisheries Commission. 
Electronic fish tickets are used to collect information similar to the 
information required in state fish receiving tickets or landing 
receipts, but do not replace or change any state requirements.
    Electronic Monitoring System (EMS) means a data collection tool that 
uses a software operating system connected to an assortment of 
electronic components, including video recorders, to create a collection 
of data on vessel activities.
    Essential Fish Habitat or EFH. (See Sec. 600.10).
    Fishery (See Sec. 600.10).
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nm offshore, and bounded on the 
north by the Provisional International Boundary between the U.S. and 
Canada, and bounded on the south by the International Boundary between 
the U.S. and Mexico. The inner boundary of the fishery management area 
is a line coterminous with the seaward boundaries of the States of 
Washington, Oregon, and California (the ``3-mile limit''). The outer 
boundary of the fishery management area is a line drawn in such a manner 
that each point on it is 200 nm from the baseline from which the 
territorial sea is measured, or is a provisional or permanent 
international boundary between the U.S. and Canada or Mexico. All 
groundfish possessed between 0-200 nm offshore or landed in Washington, 
Oregon, or California are presumed to have been taken and retained from 
the EEZ, unless otherwise demonstrated by the person in possession of 
those fish.
    Fishing.(See Sec. 600.10).

[[Page 157]]

    Fishing gear includes the following types of gear and equipment:
    (1) Bottom contact gear. Fishing gear designed or modified to make 
contact with the bottom. This includes, but is not limited to, beam 
trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom. Gear used to harvest bottom 
dwelling organisms (e.g. by hand, rakes, and knives) are also considered 
bottom contact gear for purposes of this subpart.
    (2) Demersal seine. A net designed to encircle fish on the seabed. 
The Demersal seine is characterized by having its net bounded by lead-
weighted ropes that are not encircled with bobbins or rollers. Demersal 
seine gear is fished without the use of steel cables or otter boards 
(trawl doors). Scottish and Danish Seines are demersal seines. Purse 
seines, as defined at Sec. 600.10, are not demersal seines. Demersal 
seine gear is included in the definition of bottom trawl gear in (11)(i) 
of this subsection.
    (3) Dredge gear. Dredge gear, with respect to the U.S. West Coast 
EEZ, refers to a gear consisting of a metal frame attached to a holding 
bag constructed of metal rings or mesh. As the metal frame is dragged 
upon or above the seabed, fish are pushed up and over the frame, then 
into the mouth of the holding bag.
    (4) Entangling nets include the following types of net gear:
    (i) Gillnet. (See Sec. 600.10).
    (ii) Set net. A stationary, buoyed, and anchored gillnet or trammel 
net.
    (iii) Trammel net. A gillnet made with two or more walls joined to a 
common float line.
    (5) Fixed gear (anchored nontrawl gear) includes the following gear 
types: longline, trap or pot, set net, and stationary hook-and-line 
(including commercial vertical hook-and-line) gears.
    (6) Hook-and-line. One or more hooks attached to one or more lines. 
It may be stationary (commercial vertical hook-and-line) or mobile 
(troll).
    (i) Bottom longline. A stationary, buoyed, and anchored groundline 
with hooks attached, so as to fish along the seabed. It does not include 
pelagic hook-and-line or troll gear.
    (ii) Commercial vertical hook-and-line. Commercial fishing with 
hook-and-line gear that involves a single line anchored at the bottom 
and buoyed at the surface so as to fish vertically.
    (iii) Dinglebar gear. One or more lines retrieved and set with a 
troll gurdy or hand troll gurdy, with a terminally attached weight from 
which one or more leaders with one or more lures or baited hooks are 
pulled through the water while a vessel is making way.
    (iv) Troll gear. A lure or jig towed behind a vessel via a fishing 
line. Troll gear is used in commercial and recreational fisheries.
    (7) Mesh size. The opening between opposing knots. Minimum mesh size 
means the smallest distance allowed between the inside of one knot to 
the inside of the opposing knot, regardless of twine size.
    (8) Nontrawl gear. All legal commercial groundfish gear other than 
trawl gear.
    (9) Spear. A sharp, pointed, or barbed instrument on a shaft.
    (10) Trap or pot. These terms are used as interchangeable synonyms. 
See Sec. 600.10 definition of ``trap''.
    (11) Trawl gear means a cone or funnel-shaped net that is towed 
through the water, and can include a pair trawl that is towed 
simultaneously by two boats. Groundfish trawl is trawl gear that is used 
under the authority of a valid limited entry permit issued under this 
subpart endorsed for trawl gear. It does not include any type of trawl 
gear listed as non-groundfish trawl gear. Non-groundfish trawl gear is 
any trawl gear other than the Pacific Coast groundfish trawl gear that 
is authorized for use with a valid groundfish limited entry permit. Non-
groundfish trawl gear includes pink shrimp, ridgeback prawn, California 
halibut south of Pt. Arena, and sea cucumbers south of Pt. Arena.
    (i) Bottom trawl. A trawl in which the otter boards or the footrope 
of the net are in contact with the seabed. It includes demersal seine 
gear, and pair trawls fished on the bottom. Any trawl not meeting the 
requirements for a midwater trawl in Sec. 660.381 is a bottom trawl.

[[Page 158]]

    (A) Beam trawl gear. A type of trawl gear in which a beam is used to 
hold the trawl open during fishing. Otter boards or doors are not used.
    (B) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm,) and no 
larger than 19 inches (48 cm) including any rollers, bobbins, or other 
material encircling or tied along the length of the footrope.
    (C) Small footrope trawl gear. Small footrope trawl gear is bottom 
trawl gear with a footrope diameter of 8 inches (20 cm) or smaller, 
including any rollers, bobbins, or other material encircling or tied 
along the length of the footrope. Selective flatfish trawl gear that 
meets the gear component requirements in Sec. 660.381 is a type of 
small footrope trawl gear.
    (ii) Midwater (pelagic or off-bottom) trawl. A trawl in which the 
otter boards and footrope of the net remain above the seabed. It 
includes pair trawls if fished in midwater. A midwater trawl has no 
rollers or bobbins on any part of the net or its component wires, ropes, 
and chains.For additional midwater trawl gear requirements and 
restrictions, see Sec. 660.381(b).
    (iii) Trawl gear components.
    (A) Breastline. A rope or cable that connects the end of the 
headrope and the end of the trawl fishing line along the edge of the 
trawl web closest to the towing point.
    (B) Chafing gear. Webbing or other material attached to the codend 
of a trawl net to protect the codend from wear.
    (C) Codend. (See Sec. 600.10).
    (D) Double-bar mesh. Webbing comprised of two lengths of twine tied 
into a single knot.
    (E) Double-walled codend. A codend constructed of two walls of 
webbing.
    (F) Footrope. A chain, rope, or wire attached to the bottom front 
end of the trawl webbing forming the leading edge of the bottom panel of 
the trawl net, and attached to the fishing line.
    (G) Headrope. A chain, rope, or wire attached to the trawl webbing 
forming the leading edge of the top panel of the trawl net.
    (H) Rollers or bobbins are devices made of wood, steel, rubber, 
plastic, or other hard material that encircle the trawl footrope. These 
devices are commonly used to either bounce or pivot over seabed 
obstructions, in order to prevent the trawl footrope and net from 
snagging on the seabed.
    (I) Single-walled codend. A codend constructed of a single wall of 
webbing knitted with single or double-bar mesh.
    (J) Trawl fishing line. A length of chain, rope, or wire rope in the 
bottom front end of a trawl net to which the webbing or lead ropes are 
attached.
    (K) Trawl riblines. Heavy rope or line that runs down the sides, 
top, or underside of a trawl net from the mouth of the net to the 
terminal end of the codend to strengthen the net during fishing.
    Fishing trip is a period of time between landings when fishing is 
conducted.
    Fishing vessel.(See Sec. 600.10).
    Fishing year is the year beginning at 0001 local time on January 1 
and ending at 2400 local time on December 31 of the same year. There are 
two fishing years in each biennial fishing period.
    Grandfathered or first generation, when referring to a limited entry 
sablefish-endorsed permit owner, means those permit owners who owned a 
sablefish-endorsed limited entry permit prior to November 1, 2000, and 
are, therefore, exempt from certain requirements of the sablefish permit 
stacking program within the parameters of the regulations at Sec. Sec. 
660.334 through 660.341 and Sec. 660.372.
    Groundfish means species managed by the PCGFMP, specifically:
    (1) Sharks: leopard shark, Triakis semifasciata; soupfin shark, 
Galeorhinus zyopterus; spiny dogfish, Squalus acanthias.
    (2) Skates: big skate, Raja binoculata; California skate, R. 
inornata; longnose skate, R. rhina.
    (3) Ratfish: ratfish, Hydrolagus colliei.
    (4) Morids: finescale codling, Antimora microlepis.
    (5) Grenadiers: Pacific rattail, Coryphaenoides acrolepis.
    (6) Roundfish: cabezon, Scorpaenichthys marmoratus; kelp greenling, 
Hexagrammos decagrammus; lingcod, Ophiodon elongatus; Pacific cod, Gadus 
macrocephalus; Pacific whiting, Merluccius productus; sablefish, 
Anoplopoma fimbria.

[[Page 159]]

    (7) Rockfish: In addition to the species below, longspine 
thornyhead, S. altivelis, and shortspine thornyhead, S. alascanus, 
``rockfish'' managed under the PCGFMP include all genera and species of 
the family Scorpaenidae that occur off Washington, Oregon, and 
California, even if not listed below. The Scorpaenidae genera are 
Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus. Where species below 
are listed both in a major category (nearshore, shelf, slope) and as an 
area-specific listing (north or south of 40[deg]10[min] N. lat.) those 
species are considered ``minor'' in the geographic area listed.
    (i) Nearshore rockfish includes black rockfish, Sebastes melanops 
and the following minor nearshore rockfish species:
    (A) North of 40[deg]10[min] N. lat.:black and yellow rockfish, S. 
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; China rockfish, S. nebulosus; copper 
rockfish, S. caurinus; gopher rockfish, S. carnatus; grass rockfish, S. 
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S. 
serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (B) South of 40[deg]10[min] N. lat., nearshore rockfish are divided 
into three management categories:
    (1) Shallow nearshore rockfish consists of black and yellow 
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher rockfish, 
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S. 
atrovirens.
    (2) Deeper nearshore rockfish consists of black rockfish, S. 
melanops, blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; copper rockfish, S. caurinus; olive rockfish, 
S. serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (3) California scorpionfish, Scorpaena guttata.
    (ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary 
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis; 
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas; yelloweye 
rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and the 
following minor shelf rockfish species:
    (A) North of 40[deg]10[min] N. lat.: bronzespotted rockfish, S. 
gilli; bocaccio, Sebastes paucispinis; chameleon rockfish, S. phillipsi; 
chilipepper, S. goodei; cowcod, S. levis; dusky rockfish, S. ciliatus; 
dwarf-red, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S. 
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted 
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus; 
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus; 
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink 
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. 
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S. 
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S. 
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S. 
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S. 
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S. 
nigrocinctus; vermilion rockfish, S. miniatus.
    (B) South of 40[deg]10[min] N. lat.: bronzespotted rockfish, S. 
gilli; chameleon rockfish, S. phillipsi; dusky rockfish, S. ciliatus; 
dwarf-red rockfish, S. rufianus; flag rockfish, S. rubrivinctus; 
freckled, S. lentiginosus; greenblotched rockfish, S. rosenblatti; 
greenspotted rockfish, S. chlorostictus; greenstriped rockfish, S. 
elongatus; halfbanded rockfish, S. semicinctus; harlequin rockfish, S. 
variegatus; honeycomb rockfish, S. umbrosus; Mexican rockfish, S. 
macdonaldi; pink rockfish, S. eos; pinkrose rockfish, S. simulator; 
pygmy rockfish, S. wilsoni; redstripe rockfish, S. proriger; rosethorn 
rockfish, S. helvomaculatus; rosy rockfish, S. rosaceus; silvergray 
rockfish, S. brevispinis; speckled rockfish, S. ovalis; squarespot 
rockfish, S. hopkinsi; starry rockfish, S. constellatus; stripetail 
rockfish, S. saxicola; swordspine rockfish, S. ensifer; tiger rockfish, 
S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail rockfish, 
S. flavidus.
    (iii) Slope rockfish includes darkblotched rockfish, S. crameri; 
Pacific ocean perch, S. alutus; splitnose rockfish, S. diploproa and the 
following minor slope rockfish species:
    (A) North of 40[deg]10[min] N. lat.: aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
redbanded rockfish, S. babcocki; rougheye rockfish, S.

[[Page 160]]

aleutianus; sharpchin rockfish, S. zacentrus; shortraker rockfish, S. 
borealis; splitnose rockfish, S. diploproa; yellowmouth rockfish, S. 
reedi.
    (B) South of 40[deg]10[min] N. lat.: aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
Pacific ocean perch, S. alutus; redbanded rockfish, S. babcocki; 
rougheye rockfish, S. aleutianus; sharpchin rockfish, S. zacentrus; 
shortraker rockfish, S. borealis; yellowmouth rockfish, S. reedi.
    (8) Flatfish:arrowtooth flounder (arrowtooth turbot), Atheresthes 
stomias; butter sole, Isopsetta isolepis; curlfin sole, Pleuronichthys 
decurrens; Dover sole, Microstomus pacificus; English sole, Parophrys 
vetulus; flathead sole, Hippoglossoides elassodon; Pacific sanddab, 
Citharichthys sordidus; petrale sole, Eopsetta jordani; rex sole, 
Glyptocephalus zachirus; rock sole, Lepidopsetta bilineata; sand sole, 
Psettichthys melanostictus; starry flounder, Platichthys stellatus.Where 
regulations of this subpart refer to landings limits for ``other 
flatfish,'' those limits apply to all flatfish cumulatively taken except 
for those flatfish species specifically listed in Tables 1-2 of this 
subpart. (i.e., ``other flatfish'' includes butter sole, curlfin sole, 
flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.)
    (9) ``Other fish'':Where regulations of this subpart refer to 
landings limits for ``other fish,'' those limits apply to all groundfish 
listed here in paragraphs (1)-(8) of this definition except for the 
following: those groundfish species specifically listed in Tables 1-2 of 
this subpart with an ABC for that area (generally north and/or south of 
40[deg]10[min] N. lat.); and Pacific cod and spiny dogfish coastwide. 
(i.e., ``other fish'' may include all sharks (except spiny dogfish), 
skates, ratfish, morids, grenadiers, and kelp greenling listed in this 
section, as well as cabezon in the north.)
    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under this subpart endorsed for 
trawl gear. It does not include any type of trawl gear listed as 
``exempted gear.''
    Harvest guideline means a specified numerical harvest objective that 
is not a quota. Attainment of a harvest guideline does not require 
closure of a fishery.
    IAD means Initial Agency Decision.
    Incidental catch or incidental species means groundfish species 
caught while fishing for the primary purpose of catching a different 
species.
    Land or landing means to begin transfer of fish, offloading fish, or 
to offload fish from any vessel. Once transfer of fish begins, all fish 
aboard the vessel are counted as part of the landing.
    Legal fish means fish legally taken and retained, possessed, or 
landed in accordance with the provisions of 50 CFR part 660, the 
Magnuson-Stevens Act, any document issued under part 660, and any other 
regulation promulgated or permit issued under the Magnuson-Stevens Act.
    Length overall (LOA) (with respect to a vessel) means the length 
overall set forth in the Certificate of Documentation (CG-1270) issued 
by the USCG for a documented vessel, or in a registration certificate 
issued by a state or the USCG for an undocumented vessel; for vessels 
that do not have the LOA stated in an official document, the LOA is the 
LOA as determined by the USCG or by a marine surveyor in accordance with 
the USCG method for measuring LOA.
    Limited entry fishery means the fishery composed of vessels 
registered for use with limited entry permits.
    Limited entry gear means longline, trap (or pot), or groundfish 
trawl gear used under the authority of a valid limited entry permit 
affixed with an endorsement for that gear.
    Limited entry permit means the Federal permit required to 
participate in the limited entry fishery, and includes any gear, size, 
or species endorsements affixed to the permit.
    Maximum Sustainable Yield or MSY. (See Sec. 600.310).
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec. 660.312, installed on board a vessel that 
is used for vessel monitoring and transmitting the vessel's position as 
required by this subpart.
    North-South management area means the management areas defined in 
paragraph (1) of this definition, or defined and bounded by one or more 
or the commonly used geographic coordinates

[[Page 161]]

set out in paragraph (2) of this definition for the purposes of 
implementing different management measures in separate geographic areas 
of the U.S. West Coast.
    (1) Management areas--(i) Vancouver. (A) The northeastern boundary 
is that part of a line connecting the light on Tatoosh Island, WA, with 
the light on Bonilla Point on Vancouver Island, British Columbia (at 
48[deg]35.73[min] N. lat., 124[deg]43.00[min] W. long.) south of the 
International Boundary between the U.S. and Canada (at 48[deg]29.62[min] 
N. lat., 124[deg]43.55[min] W. long.), and north of the point where that 
line intersects with the boundary of the U.S. territorial sea.
    (B) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 18480 and 
18007:

----------------------------------------------------------------------------------------------------------------
                             Point                                      N. Lat.                  W. Long.
----------------------------------------------------------------------------------------------------------------
1.............................................................        48[deg]29.62[min]       124[deg]43.55[min]
2.............................................................        48[deg]30.18[min]       124[deg]47.22[min]
3.............................................................        48[deg]30.37[min]       124[deg]50.35[min]
4.............................................................        48[deg]30.23[min]       124[deg]54.87[min]
5.............................................................        48[deg]29.95[min]       124[deg]59.23[min]
6.............................................................        48[deg]29.73[min]       125[deg]00.10[min]
7.............................................................        48[deg]28.15[min]       125[deg]05.78[min]
8.............................................................        48[deg]27.17[min]       125[deg]08.42[min]
9.............................................................        48[deg]26.78[min]       125[deg]09.20[min]
10............................................................        48[deg]20.27[min]       125[deg]22.80[min]
11............................................................        48[deg]18.37[min]       125[deg]29.97[min]
12............................................................        48[deg]11.08[min]       125[deg]53.80[min]
13............................................................        47[deg]49.25[min]       126[deg]40.95[min]
14............................................................        47[deg]36.78[min]       127[deg]11.97[min]
15............................................................        47[deg]22.00[min]       127[deg]41.38[min]
16............................................................        46[deg]42.08[min]       128[deg]51.93[min]
17............................................................        46[deg]31.78[min]       129[deg]07.65[min]
                                                                .......................  .......................
----------------------------------------------------------------------------------------------------------------

    (C) The southern limit is 47[deg]30[min] N. lat.
    (ii) Columbia. (A) The northern limit is 47[deg]30[min] N. lat.
    (B) The southern limit is 43[deg]00[min] N. lat.
    (iii) Eureka. (A) The northern limit is 43[deg]00[min] N. lat.
    (B) The southern limit is 40[deg]30[min] N. lat.
    (iv) Monterey. (A) The northern limit is 40[deg]30[min] N. lat.
    (B) The southern limit is 36[deg]00[min] N. lat.
    (v) Conception. (A) The northern limit is 36[deg]00[min] N. lat.
    (B) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

----------------------------------------------------------------------------------------------------------------
                             Point                                      N. Lat.                  W. Long.
----------------------------------------------------------------------------------------------------------------
                  1                                                   32[deg]35.37[min]       117[deg]27.82[min]
                  2                                                   32[deg]37.62[min]       117[deg]49.52[min]
                  3                                                   31[deg]07.97[min]       118[deg]36.30[min]
                  4                                                   30[deg]32.52[min]       121[deg]51.97[min]
----------------------------------------------------------------------------------------------------------------

    (2) Commonly used geographic coordinates. (i) Cape Alava, WA--
48[deg]10.00[min] N. lat.
    (ii) Queets River, WA--47[deg]31.70[min] N. lat.
    (iii) Pt. Chehalis, WA--46[deg]53.30[min] N. lat.
    (iv) Leadbetter Point, WA--46[deg]38.17[min] N. lat.
    (v) Washington/Oregon border--46[deg]16.00[min] N. lat.
    (vi) Cape Falcon, OR--45[deg]46.00[min] N. lat.
    (vii) Cape Lookout, OR--45[deg]20.25[min] N. lat.
    (viii) Cascade Head, OR--45[deg]03.83[min] N. lat.
    (ix) Heceta Head, OR--44[deg]08.30[min] N. lat.
    (x) Cape Arago, OR--43[deg]20.83[min] N. lat.
    (xi) Cape Blanco, OR--42[deg]50.00[min] N. lat.
    (xii) Humbug Mountain--42[deg]40.50[min] N. lat.
    (xiii) Marck Arch, OR--42[deg]13.67[min] N. lat.
    (xiv) Oregon/California border--42[deg]00.00[min] N. lat.
    (xv) Cape Mendocino, CA--40[deg]30.00[min] N. lat.
    (xvi) North/South management line--40[deg]10.00[min] N. lat.
    (xvii) Point Arena, CA--38[deg]57.50[min] N. lat.
    (xviii) Point San Pedro, CA--37[deg]35.67[min] N. lat.
    (xix) Pigeon Point, CA--37[deg]11.00[min] N. lat.
    (xx) Ano Nuevo, CA--37[deg]07.00[min] N. lat.
    (xxi) Point Lopez, CA--36[deg]00.00[min] N. lat.
    (xxii) Point Conception, CA--34[deg]27.00[min] N. lat. [Note: 
Regulations that apply to waters north of 34[deg]27.00[min] N. lat. are 
applicable only west of 120[deg]28.00[min] W. long.; regulations that 
apply to waters south of 34[deg]27.00[min] N. lat. also apply to all 
waters both east of 120[deg]28.00[min] W. long. and north of 
34[deg]27.00[min] N. lat.]
    Observer Program or Observer Program Office means the West Coast 
Groundfish Observer Program (WCGOP) Office of the Northwest Fishery 
Science Center, National Marine Fisheries Service, Seattle, Washington.
    Office of Law Enforcement (OLE) refers to the National Marine 
Fisheries Service, Office of Law Enforcement, Northwest Division.

[[Page 162]]

    Open access fishery means the fishery composed of commercial vessels 
using open access gear fished pursuant to the harvest guidelines, 
quotas, and other management measures governing the harvest of open 
access allocations (detailed in Sec. 660.320 and Tables 1-2 of this 
subpart) or governing the fishing activities of open access vessels 
(detailed in Sec. 660.383 and Table 5 of this subpart.) Any commercial 
vessel that is not registered to a limited entry permit and which takes 
and retains, possesses or lands groundfish is a participant in the open 
access groundfish fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Groundfish trawl.
     Optimum yield (OY) means the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities, and, taking into account 
the protection of marine ecosystems, is prescribed as such on the basis 
of the MSY from the fishery, as reduced by any relevant economic, 
social, or ecological factor; and, in the case of an overfished fishery, 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery. OY may be expressed numerically (as a harvest guideline, 
quota, or other specification) or non-numerically.
    Operator.(See Sec. 600.10).
    Overage means the amount of fish harvested by a vessel in excess of 
the applicable trip limit.
    Owner of a vessel or vessel owner, as used in this subpart, means a 
person identified as the current owner in the Certificate of 
Documentation (CG-1270) issued by the USCG for a documented vessel, or 
in a registration certificate issued by a state or the USCG for an 
undocumented vessel.
    Ownership interest, with respect to a sablefish endorsed permit, 
means participation in ownership of a corporation, partnership, or other 
entity that owns a sablefish endorsed permit. Participation in ownership 
does not mean owning stock in a publicly owned corporation.
    Pacific Coast Groundfish Fishery Management Plan (PCGFMP) means the 
Fishery Management Plan for the Washington, Oregon, and California 
Groundfish Fishery developed by the Pacific Fishery Management Council 
and approved by the Secretary on January 4, 1982, and as it may be 
subsequently amended.
    Pacific whiting shoreside or shore-based fishery means Pacific 
whiting shoreside vessels and Pacific whiting shoreside first receivers.
    Pacific whiting shoreside first receivers means persons who receive, 
purchase, or take custody, control, or possession of Pacific whiting 
onshore directly from a Pacific whiting shoreside vessel.
    Pacific whiting shoreside vessel means any vessel that fishes using 
midwater trawl gear to take, retain, possess and land 4,000 lb (1,814 
kg) or more of Pacific whiting per fishing trip from the Pacific whiting 
shore-based sector allocation for delivery to a Pacific whiting 
shoreside first receiver during the primary season.
    Partnership is two or more individuals, partnerships, or 
corporations, or combinations thereof, who have ownership interest in a 
permit, including married couples and legally recognized trusts and 
partnerships, such as limited partnerships (LP), general partnerships 
(GP), and limited liability partnerships (LLP).
    Permit holder means a vessel owner as identified on the United 
States Coast Guard form 1270 or state motor vehicle licensing document.
    Permit lessee means a person who has the right to possess and use a 
limited entry permit for a designated period of time, with reversion of 
those rights to the permit owner. A permit lessee does not have the 
right to transfer a permit or change the ownership of the permit.
    Permit owner means a person who owns a limited entry permit.
    Person, as it applies to limited entry and open access fisheries 
conducted under this subpart, means any individual, corporation, 
partnership, association or other entity (whether or not organized or 
existing under the laws of any state), and any Federal, state, or local 
government, or any entity of any such government that is eligible to

[[Page 163]]

own a documented vessel under the terms of 46 U.S.C. 12102(a).
    Processing or to process means the preparation or packaging of 
groundfish to render it suitable for human consumption, retail sale, 
industrial uses or long-term storage, including, but not limited to, 
cooking, canning, smoking, salting, drying, filleting, freezing, or 
rendering into meal or oil, but does not mean heading and gutting unless 
additional preparation is done. (Also see an exception to certain 
requirements at Sec. 660.373 (a)(iii) pertaining to Pacific whiting 
shoreside vessels 75-ft (23-m) or less LOA that, in addition to heading 
and gutting, remove the tails and freeze catch at sea.)
    (1) At-sea processing means processing that takes place on a vessel 
or other platform that floats and is capable of being moved from one 
location to another, whether shore-based or on the water.
    (2) Shore-based processing or processing in the shore-based sector 
means processing that takes place at a facility that is permanently 
fixed to land.
    Processor means person, vessel, or facility that engages in 
processing; or receives live groundfish directly from a fishing vessel 
for retail sale without further processing.
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by provisions of this section 
or other applicable law. The following are prohibited species: Any 
species of salmonid, Pacific halibut, Dungeness crab caught seaward of 
Washington or Oregon, and groundfish species or species groups under the 
PCGFMP for which quotas have been achieved and/or the fishery closed.
    Quota means a specified numerical harvest objective, the attainment 
(or expected attainment) of which causes closure of the fishery for that 
species or species group.
    Recreational fishing means fishing with authorized recreational 
fishing gear for personal use only, and not for sale or barter.
    Regional Administrator means the Administrator, Northwest Region, 
NMFS.
    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the fishing year or biennial fishing period to allow 
for uncertainties in preseason estimates.
    Round weight. (See Sec. 600.10).Round weight does not include ice, 
water, or slime.
    Scientific research activity.(See Sec. 600.10).
    Secretary.(See Sec. 600.10).
    Sell or sale.(See Sec. 600.10).
    Specification is a numerical or descriptive designation of a 
management objective, including but not limited to: ABC; optimum yield; 
harvest guideline; quota; limited entry or open access allocation; a 
setaside or allocation for a recreational or treaty Indian fishery; an 
apportionment of the above to an area, gear, season, fishery, or other 
subdivision.
    Spouse means a person who is legally married to another person as 
recognized by state law (i.e., one's wife or husband).
    Stacking is the practice of registering more than one limited entry 
permit for use with a single vessel (See Sec. 660.335(c)).
     Sustainable Fisheries Division (SFD) means the Chief, Sustainable 
Fisheries Division, Northwest Regional Office, NMFS, or a designee.
    Target fishing means fishing for the primary purpose of catching a 
particular species or species group (the target species).
    Tax-exempt organization means an organization that received a 
determination letter from the Internal Revenue Service recognizing tax 
exemption under 26 CFR part 1(Sec. Sec. 1.501 to 1.640).
    Totally lost means the vessel being replaced no longer exists in 
specie, or is absolutely and irretrievably sunk or otherwise beyond the 
possible control of the owner, or the costs of repair (including 
recovery) would exceed the repaired value of the vessel.
    Trip.(See Sec. 600.10).
    Trip limits. Trip limits are used in the commercial fishery to 
specify the maximum amount of a fish species or species group that may 
legally be taken and retained, possessed, or landed, per vessel, per 
fishing trip, or cumulatively per unit of time, or the number of 
landings that may be made from a vessel in a given period of time, as 
follows:
    (1) A per trip limit is the total allowable amount of a groundfish 
species or

[[Page 164]]

species group, by weight, or by percentage of weight of legal fish on 
board, that may be taken and retained, possessed, or landed per vessel 
from a single fishing trip.
    (2) A daily trip limit is the maximum amount of a groundfish species 
or species group that may be taken and retained, possessed, or landed 
per vessel in 24 consecutive hours, starting at 0001 hours local time 
(l.t.) Only one landing of groundfish may be made in that 24-hour 
period. Daily trip limits may not be accumulated during multiple day 
trips.
    (3) A weekly trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in 7 consecutive days, starting at 0001 hours l.t. on 
Sunday and ending at 2400 hours l.t. on Saturday. Weekly trip limits may 
not be accumulated during multiple week trips. If a calendar week falls 
within two different months or two different cumulative limit periods, a 
vessel is not entitled to two separate weekly limits during that week.
    (4) A cumulative trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in a specified period of time without a limit on the 
number of landings or trips, unless otherwise specified. The cumulative 
trip limit periods for limited entry and open access fisheries, which 
start at 0001 hours l.t. and end at 2400 hours l.t., are as follows, 
unless otherwise specified:
    (i) The 2-month or ``major'' cumulative limit periods are: January 
1-February 28/29, March 1-April 30, May 1-June 30, July 1-August 31, 
September 1-October 31, and, November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee all or a portion of groundfish 
fishing activities aboard the vessel.
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec. 660.312 and approved by 
NMFS for use on vessels that take (directly or incidentally) species 
managed under the Pacific Coast Groundfish FMP, as required by this 
subpart.
    Vessel of the United States or U.S. vessel.(See Sec. 600.10).

[61 FR 34572, July 2, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
660.302, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 660.303  Reporting and recordkeeping.

    (a) This subpart recognizes that catch and effort data necessary for 
implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports 
(i.e., logbooks, fish tickets, etc.) of groundfish harvests and landings 
containing all data, and in the exact manner, required by the applicable 
state law.
    (c) Any person landing groundfish must retain on board the vessel 
from which groundfish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of groundfish landings 
containing all data, and in the exact manner, required by the applicable 
state law throughout the cumulative limit period during which a landing 
occurred and for 15 days thereafter. For participants in the primary 
sablefish season (detailed at Sec. 660.372(b)), the cumulative limit 
period to which this requirement applies is April 1 through October 31 
or, for an individual permit holder, when that permit holder's tier 
limit is attained, whichever is earlier.
    (d) Declaration reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is

[[Page 165]]

used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.
    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the EEZ 
(3-200 nm offshore), must provide NMFS OLE with a declaration report, as 
specified at paragraph (d)(5)(iv) of this section, before the vessel 
leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non-trawl gear 
(all types of open access gear other than non-groundfish trawl gear). 
The operator of any vessel that is not registered to a limited entry 
permit, must provide NMFS with a declaration report, as specified at 
paragraph (d)(5)(iv) of this section, before the vessel leaves port on a 
trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing occurs 
within the trawl RCA.
    (5) Declaration reports.
    (i) The operator of a vessel specified in paragraphs (d)(1), (d)(2), 
and (d)(3) of this section must provide a declaration report to NMFS OLE 
prior to leaving port on the first trip in which the vessel meets the 
requirement specified at Sec. 660.312 (b) to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: the vessel name and/or 
identification number, and gear type (as defined in paragraph 
(d)(5)(iv)(A) of this section). Upon receipt of a declaration report, 
NMFS will provide a confirmation code or receipt to confirm that a valid 
declaration report was received for the vessel. Retention of the 
confirmation code or receipt to verify that a valid declaration report 
was filed and the declaration requirement was met is the responsibility 
of the vessel owner or operator. Vessels using non-trawl gear may 
declare more than one gear type, however, vessels using trawl gear may 
only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non-trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry midwater trawl,
    (4) Limited entry bottom trawl, not including demersal trawl,
    (5) Limited entry demersal trawl,
    (6) Non-groundfish trawl gear for pink shrimp,
    (7) Non-groundfish trawl gear for ridgeback prawn,
    (8) Non-groundfish trawl gear for California halibut,
    (9) Non-groundfish trawl gear for sea cucumber,
    (10) Open access longline gear for groundfish,
    (11) Open access Pacific halibut longline gear,
    (12) Open access groundfish trap or pot gear,
    (13) Open access Dungeness crab trap or pot gear,
    (14) Open access prawn trap or pot gear,
    (15) Open access sheephead trap or pot gear,
    (16) Open access line gear for groundfish,
    (17) Open access HMS line gear,
    (18) Open access salmon troll gear,
    (19) Open access California Halibut line gear,
    (20) Open access net gear,
    (21) Other gear, and
    (22) Tribal trawl.
    (B) [Reserved]
    (e) Participants in the Pacific whiting shoreside fishery. Reporting 
requirements defined in the following section

[[Page 166]]

are in addition to reporting requirements under applicable state law and 
requirements described at Sec. 660.303(b).
    (1) Reporting requirements for any Pacific whiting shoreside first 
receiver--(i) Responsibility for compliance. The Pacific whiting 
shoreside first receiver is responsible for compliance with all 
reporting requirements described in this paragraph.
    (ii) General requirements. All records or reports required by this 
paragraph must: be maintained in English, be accurate, be legible, be 
based on local time, and be submitted in a timely manner as required in 
paragraph (e)(1)(iv) of this section.
    (iii) Required information. All Pacific whiting shoreside first 
receivers must provide the following types of information: date of 
landing, Pacific whiting shoreside vessel that made the delivery, gear 
type used, first receiver, round weights of species landed listed by 
species or species group including species with no value, number of 
salmon by species, number of Pacific halibut, and any other information 
deemed necessary by the Regional Administrator as specified on the 
appropriate electronic fish ticket form.
    (iv) Electronic fish ticket submissions. The Pacific whiting 
shoreside first receiver must:
    (A) Sort all fish, prior to first weighing, by species or
    species groups as specified at Sec. 660.370 (h)(6)(iii).
    (B) Include as part of each electronic fish ticket submission, the 
actual scale weight for each groundfish species as specified by 
requirements at Sec. 660.373 (j)(2)(i) and the Pacific whiting 
shoreside vessel identification number.
    (C) Use for the purpose of submitting electronic fish tickets, and 
maintain in good working order, computer equipment as specified at Sec. 
660.373 (j)(2)(ii)(A);
    (D) Install, use, and update as necessary, any NMFS-approved 
software described at Sec. 660.373 (j)(2)(ii)(B);
    (E) Submit a completed electronic fish ticket for every landing that 
includes 4,000 lb (1,814 kg) or more of Pacific whiting (round weight 
equivalent) no later than 24 hours after the date the fish are received, 
unless a waiver of this requirement has been granted under provisions 
specified at paragraph (e)(1) (vii) of this section.
    (v) Revising a submitted electronic fish ticket submission. In the 
event that a data error is found, electronic fish ticket submissions may 
be revised by resubmitting the revised form. Electronic fish tickets are 
to be used for the submission of final data. Preliminary data, including 
estimates of fish weights or species composition, shall not be submitted 
on electronic fish tickets.
    (vi) Retention of records. [Reserved]
    (vii) Waivers for submission of electronic fish tickets upon written 
request. On a case-by-case basis, a temporary written waiver of the 
requirement to submit electronic fish tickets may be granted by the 
Assistant Regional Administrator or designee if he/she determines that 
circumstances beyond the control of a Pacific whiting shoreside first 
receiver would result in inadequate data submissions using the 
electronic fish ticket system. The duration of the waiver will be 
determined on a case-by-case basis.
    (viii) Reporting requirements when a temporary waiver has been 
granted. Pacific whiting shoreside first receivers that have been 
granted a temporary waiver from the requirement to submit electronic 
fish tickets must submit on paper the same data as is required on 
electronic fish tickets within 24 hours of the date received during the 
period that the waiver is in effect. Paper fish tickets must be sent by 
facsimile to NMFS, Northwest Region, Sustainable Fisheries Division, 
206-526-6736 or by delivering it in person to 7600 Sand Point Way NE, 
Seattle, WA 98115. The requirements for submissions of paper tickets in 
this paragraph are separate from, and in addition to existing state 
requirements for landing receipts or fish receiving tickets.
    (2) [Reserved]

[68 FR 62381, Nov. 4, 2003, as amended at 69 FR 11124, Mar. 9, 2004; 69 
FR 31755, June 7, 2004; 69 FR 42348, July 15, 2004; 71 FR 10620, Mar. 2, 
2006; 72 FR 50910, Sept. 5, 2007; 72 FR 69168, Dec. 7, 2007; 74 FR 9886, 
Mar. 6, 2009]



Sec. 660.305  Vessel identification.

    (a) Display. The operator of a vessel that is over 25 ft (7.6 m) in 
length and is engaged in commercial fishing for

[[Page 167]]

groundfish must display the vessel's official number on the port and 
starboard sides of the deckhouse or hull, and on a weather deck so as to 
be visible from above. The number must contrast with the background and 
be in block Arabic numerals at least 18 inches (45.7 cm) high for 
vessels over 65 ft (19.8 m) long and at least 10 inches (25.4 cm) high 
for vessels between 25 and 65 ft (7.6 and 19.8 m) in length. The length 
of a vessel for purposes of this section is the length set forth in USCG 
records or in state records, if no USCG record exists.
    (b) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.
    (c) Commercial passenger vessels. This section does not apply to 
vessels carrying fishing parties on a per-capita basis or by charter.



Sec. 660.306  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to:
    (a) General. (1) Sell, offer to sell, or purchase any groundfish 
taken in the course of recreational groundfish fishing.
    (2)Retain any prohibited species (defined in Sec. 660.302 and 
restricted in Sec. 660.370(e)) caught by means of fishing gear 
authorized under this subpart, unless authorized by part 600 or part 300 
of this chapter. Prohibited species must be returned to the sea as soon 
as practicable with a minimum of injury when caught and brought on 
board.
    (3) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.305 or Sec. Sec. 660.382 and 660.383.
    (4) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under Sec. 600.745 of this chapter or Sec. 660.350.
    (5) Fish for groundfish using gear not authorized in this subpart or 
in violation of any terms or conditions attached to an EFP under Sec. 
660.350 or part 600 of this chapter.
    (6) Take and retain, possess, or land more groundfish than specified 
under Sec. Sec. 660.370 through 660.373 or Sec. Sec. 660.381 through 
660.385, or under an EFP issued under Sec. 660.350 or part 600 of this 
chapter.
    (7) Fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, size limit, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.
    (8) Possess, deploy, haul, or carry onboard a fishing vessel subject 
to this subpart a set net, trap or pot, longline, or commercial vertical 
hook-and-line that is not in compliance with the gear restrictions in 
Sec. Sec. 660.382 and 660.383, unless such gear is the gear of another 
vessel that has been retrieved at sea and made inoperable or stowed in a 
manner not capable of being fished. The disposal at sea of such gear is 
prohibited by Annex V of the International Convention for the Prevention 
of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
    (9) When requested or required by an authorized officer, refuse to 
present fishing gear for inspection, refuse to present fish subject to 
such persons control for inspections; or interfere with a fishing gear 
or marine animal or plant life inspection.
    (10) Take, retain, possess, or land more than a single cumulative 
limit of a particular species, per vessel, per applicable cumulative 
limit period, except for sablefish taken in the primary limited entry, 
fixed gear sablefish season from a vessel authorized under Sec. 
660.372(a) to participate in that season, as described at Sec. 
660.372(b).
    (11) Take and retain, possess, or land groundfish in excess of the 
landing limit for the open access fishery without having a valid limited 
entry permit for the vessel affixed with a gear endorsement for the gear 
used to catch the fish.
    (12) Transfer fish to another vessel at sea unless a vessel is 
participating in the primary whiting fishery as part of the mothership 
or catcher-processor sectors, as described at Sec. 660.373(a).

[[Page 168]]

    (13) Fish with dredge gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ. For the purposes of regulation, EFH within 
the EEZ is described at 660.395.
    (14) Fish with beam trawl gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ. For the purposes of regulation, EFH within 
the EEZ is described at 660.395.
    (b) Reporting and recordkeeping. (1) Falsify or fail to make and/or 
file, retain or make available any and all reports of groundfish 
landings, containing all data, and in the exact manner, required by the 
applicable State law, as specified in Sec. 660.303, provided that 
person is required to do so by the applicable state law.
    (2) Fail to retain on board a vessel from which groundfish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of groundfish landings, or receipts containing all data, 
and made in the exact manner required by the applicable state law 
throughout the cumulative limit period during which such landings 
occurred and for 15 days thereafter.
    (3) Fail to retain on board a vessel from which sablefish caught in 
the primary sablefish season is landed, and provide to an authorized 
officer upon request, copies of any and all reports of sablefish 
landings against the sablefish endorsed permit's tier limit, or receipts 
containing all data, and made in the exact manner required by the 
applicable state law throughout the primary sablefish season during 
which such landings occurred and for 15 days thereafter.
    (4) Fail to comply with all requirements at Sec. 660.303 (d); 
including failure to submit information, submission of inaccurate 
information, or intentionally submitting false information on any report 
required at Sec. 660.303 (d) when participating in the Pacific whiting 
shoreside fishery.
    (c) Limited entry fisheries. (1) Fish with groundfish trawl gear, or 
carry groundfish trawl gear on board a vessel that also has groundfish 
on board, unless the vessel is registered for use with a valid limited 
entry permit with a trawl gear endorsement, with the following 
exception.
    (i) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California; or
    (ii) The vessel is a mothership, in which case trawl nets and doors 
must be stowed in a secured and covered manner, and detached from all 
towing lines, so as to be rendered unusable for fishing.
    (2) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed, except that a vessel may 
carry on board limited entry groundfish trawl gear as provided in 
paragraph (c)(1) of this section.
    (d) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under Sec. 
660.370(c)(1)(ii), more than the amount of the trip limit set for black 
rockfish by Sec. 660.371 while that vessel is fishing between the U.S.-
Canada border and Cape Alava (48[deg]09[min]30[sec] N. lat.), or between 
Destruction Island (47[deg]40[min]00[sec] N. lat.) and Leadbetter Point 
(46[deg]38[min]10[sec] N. lat.).
    (e) Fixed gear sablefish fisheries. (1) Take, retain, possess or 
land sablefish under the cumulative limits provided for the primary 
limited entry, fixed gear sablefish season, described in Sec. 
660.372(b), from a vessel that is not registered to a limited entry 
permit with a sablefish endorsement.
    (2) Beginning January 1, 2007, take, retain, possess or land 
sablefish in the primary sablefish season described at Sec. 660.372(b) 
unless the owner of the limited entry permit registered for use with 
that vessel and authorizing the vessel to participate in the primary 
sablefish season is on board that vessel. Exceptions to this prohibition 
are provided at Sec. 660.372(b)(4)(i) and (ii).
    (3) Beginning January 1, 2007, process sablefish taken at-sea in the 
limited entry primary sablefish fishery defined at Sec. 660.372(b), 
from a vessel that does not have a sablefish at-sea processing 
exemption, defined at Sec. 660.334(e).
    (f) Pacific whiting fisheries. (1) Fish in any of the sectors of the 
whiting fishery described at Sec. 660.373(a) after May 11, 2009 using a 
vessel that is not registered for use with a sector-appropriate Pacific 
whiting vessel license under Sec. 660.336. May 11, 2009, vessels are

[[Page 169]]

prohibited from fishing, landing, or processing primary season Pacific 
whiting with a catcher/processor, mothership or mothership catcher 
vessel that has no history of participation within that specific sector 
of the whiting fishery during the period from January 1, 1997, through 
January 1, 2007, or with a shoreside catcher vessels that has no history 
of participation within the shore-based sector of the whiting fishery 
during the period from January 1, 1994 through January 1, 2007, as 
specified in Sec. 660.373(j). For the purpose of this paragraph, 
``historic participation'' for a specific sector is the same as the 
qualifying criteria listed in Sec. 660.336 (a)(2).
    (i) If a Pacific whiting vessel license is registered for use with a 
vessel, fail to carry that license onboard the vessel registered for use 
with the license at any time the vessel is licensed. A photocopy of the 
license may not substitute for the license itself.
    (ii) [Reserved]
    (2) Process whiting in the fishery management area during times or 
in areas where at-sea processing is prohibited for the sector in which 
the vessel participates, unless:
    (i) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. Sec. 660.324 or 660.385;
    (ii) The fish are processed by a waste-processing vessel according 
to Sec. 660.373(i); or
    (iii) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (3) During times or in areas where at-sea processing is prohibited, 
take and retain or receive whiting, except as cargo or fish waste, on a 
vessel in the fishery management area that already has processed whiting 
on board.An exception to this prohibition is provided if the fish are 
received within the tribal U&A from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. Sec. 660.324 or 660.385.
    (4) Participate in the mothership or shore-based sector as a catcher 
vessel that does not process fish, if that vessel operates in the same 
calendar year as a catcher/processor in the whiting fishery, according 
to Sec. 660.373(h)(2).
    (5) Operate as a waste-processing vessel within 48 hours of a 
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.373(i).
    (6) Fail to keep the trawl doors on board the vessel and attached to 
the trawls on a vessel used to fish for whiting, when taking and 
retention is prohibited under Sec. 660.373(f).
    (7) Pacific whiting shoreside first receivers.
    (i) [Reserved]
    (ii) Fail to sort fish received from a Pacific whiting shoreside 
vessel prior to first weighing after offloading as specified at Sec. 
660.370 (h)(6)(iii) for the Pacific whiting fishery.
    (iii) Process, sell, or discard any groundfish received from a 
Pacific whiting shoreside vessel that has not been weighed on a scale 
that is in compliance with requirements at Sec. 660.373 (j)(1)(i) and 
accounted for on an electronic fish ticket with the identification 
number for the Pacific whiting shoreside vessel that delivered the fish.
    (iv) Fail to weigh fish landed from a Pacific whiting shoreside 
vessel prior to transporting any fish from that landing away from the 
point of landing.

    Editorial Note: Amendments to Sec. 660.306 were made at 74 FR 9887, 
Mar. 6, 2009 and at 74 FR 10192, Mar. 10, 2009, resulting in two 
paragraphs (f)(7).
    (7) Sort or discard any portion of the catch taken by a catcher 
vessel in the mothership sector prior to the catch being received on a 
mothership, and prior to the observer being provided access to the 
unsorted catch, with the exception of minor amounts of catch that are 
lost when the codend is separated from the net and prepared for 
transfer.
    (g) Limited entry permits. (1) If a limited entry permit is 
registered for use with a vessel, fail to carry that permit onboard the 
vessel registered for use with the permit.A photocopy of the permit may 
not substitute for the original permit itself.
    (2) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, replacement of a limited entry permit, or 
a declaration of ownership interest in a limited entry permit.

[[Page 170]]

    (h) Fishing in conservation areas. (1) Operate any vessel registered 
to a limited entry permit with a trawl endorsement and trawl gear on 
board in a applicable GCA (as defined at Sec. 660.381 (d)), except for 
purposes of continuous transiting, with all groundfish trawl gear stowed 
in accordance with Sec. 660.381(d), or except as authorized in the 
groundfish management measures published at Sec. 660.381.
    (2) Operate any vessel registered to a limited entry permit with a 
longline or trap (pot) endorsement and longline and/or trap gear onboard 
in an applicable GCA (as defined at Sec. 660.382(c)), except for 
purposes of continuous transiting, with all groundfish longline and/or 
trap gear stowed in accordance with Sec. 660.382(c) or except as 
authorized in the groundfish management measures at Sec. 660.382.
    (3) Operate any vessel with non-groundfish trawl gear onboard in any 
applicable GCA (as defined at Sec. 660.383 (c)) except for purposes of 
continuous transiting, with all trawl gear stowed in accordance with 
Sec. 660.383 (c), or except as authorized in the groundfish management 
measures published at Sec. 660.383.
    (4) Operate any vessel in an applicable GCA (as defined at Sec. 
660.383 (c)) that has non-trawl gear onboard and is not registered to a 
limited entry permit on a trip in which the vessel is used to take and 
retain or possess groundfish in the EEZ, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with all 
groundfish non-trawl gear stowed in accordance with Sec. 660.383(c), or 
except as authorized in the groundfish management measures published at 
Sec. 660.383.
    (5) Fish with bottom trawl gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ seaward of a line approximating the 700-fm 
(1280-m) depth contour, as defined in Sec. 660.396. For the purposes of 
regulation, EFH seaward of 700-fm (1280-m) within the EEZ is described 
at 660.395.
    (6) Fish with bottom trawl gear (defined in Sec. 660.302) with a 
footrope diameter greater than 19 inches (48 cm) (including rollers, 
bobbins or other material encircling or tied along the length of the 
footrope) anywhere within EFH within the EEZ. For the purposes of 
regulation, EFH within the EEZ is described at 660.395.
    (7) Fish with bottom trawl gear (defined in Sec. 660.302) with a 
footrope diameter greater than 8 inches (20 cm) (including rollers, 
bobbins or other material encircling or tied along the length of the 
footrope) anywhere within the EEZ shoreward of a line approximating the 
100-fm (183-m) depth contour (defined in Sec. 660.393).
    (8) Fish with bottom trawl gear (as defined in Sec. 660.302), 
within the EEZ in the following areas (defined in Sec. 660.397 and 
Sec. 660.398): Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (9) Fish with bottom trawl gear (as defined in Sec. 660.302), other 
than demersal seine, unless otherwise specified in this section or 
section 660.381, within the EEZ in the following areas (defined in Sec. 
660.399): Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (10) Fish with bottom contact gear (as defined in Sec. 660.302) 
within the EEZ in the following areas (defined in Sec. 660.398 and 
Sec. 660.399): Thompson Seamount, President Jackson Seamount, Cordell 
Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, Scorpion, 
Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk 
Point, Footprint, Gull Island, South Point, and Santa Barbara.
    (11) Fish with bottom contact gear (as defined in Sec. 660.302), or 
any other gear that is deployed deeper than 500-

[[Page 171]]

fm (914-m), within the Davidson Seamount area (defined in Sec. 
660.395).
    (i) Groundfish observer program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, harass, sexually harass, bribe, or interfere 
with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including either mechanically or physically sorting or 
discarding catch before sampling.
    (3) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.
    (4) Harass an observer by conduct that:
    (i) Has sexual connotations,
    (ii) Has the purpose or effect of interfering with the observer's 
work performance, and/or
    (iii) Otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (5) Fish for, land, or process fish without observer coverage when a 
vessel is required to carry an observer under Sec. 660.314(c).
    (6) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (7) Fail to provide departure or cease fishing reports specified at 
Sec. 660.314 (c)(2).
    (8) Fail to meet the vessel responsibilities specified at Sec. 
660.314 (d).
    (j) Vessel monitoring systems. (1) Use any vessel required to 
operate a VMS unit under Sec. 660.312 (b) unless that vessel carries a 
NMFS OLE type-approved mobile transceiver unit and complies with all the 
requirements described at Sec. 660.312.
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec. 660.312.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec. 660.312.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec. 660.312.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec. 
660.312.
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec. 660.312.
    (8) Falsify any declaration report that is required, as specified at 
Sec. 660.303.

[69 FR 42348, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 16148, Mar. 30, 2005; 71 FR 10620, Mar. 2, 2006; 71 FR 27415, May 
11, 2006; 71 FR 66139, Nov. 13, 2006; 71 FR 78653, Dec. 29, 2006; 72 FR 
50910, Sept. 5, 2007; 72 FR 69169, Dec. 7, 2007; 74 FR 9887, Mar. 6, 
2009; 74 FR 10192, Mar. 10, 2009; 74 FR 11881, Mar. 20, 2009]



Sec. 660.312  Vessel Monitoring System (VMS) requirements.

    (a) What is a VMS? A VMS consists of a NMFS OLE type-approved mobile 
transceiver unit that automatically determines the vessel's position and 
transmits it to a NMFS OLE type-approved communications service 
provider. The communications service provider receives the transmission 
and relays it to NMFS OLE.
    (b) Who is required to have VMS? The following vessels are required 
to install a NMFS OLE type-approved mobile transceiver unit and to 
arrange for a NMFS OLE type-approved communications service provider to 
receive and relay transmissions to NMFS OLE prior to fishing:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the baseline from which the 
territorial sea

[[Page 172]]

is measured off the States of Washington, Oregon or California (0-200 nm 
offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
    (c) How are mobile transceiver units and communications service 
providers approved by NMFS OLE? (1) NMFS OLE will publish type-approval 
specifications for VMS components in the Federal Register or notify the 
public through other appropriate media.
    (2) Mobile transceiver unit manufacturers or communication service 
providers will submit products or services to NMFS OLE for evaluation 
based on the published specifications.
    (3) NMFS OLE may publish a list of NMFS OLE type-approved mobile 
transceiver units and communication service providers for the Pacific 
Coast groundfish fishery in the Federal Register or notify the public 
through other appropriate media. As necessary, NMFS OLE may publish 
amendments to the list of type-approved mobile transceiver units and 
communication service providers in the Federal Register or through other 
appropriate media. A list of VMS transceivers that have been type-
approved by NMFS OLE may be mailed to the permit owner's address of 
record. NMFS will bear no responsibility if a notification is sent to 
the address of record and is not received because the applicant's actual 
address has changed without notification to NMFS, as required at 
660.335(a)(2).
    (d) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the vessel 
operator must:
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and have 
it installed on board your vessel in accordance with the instructions 
provided by NMFS OLE. You may obtain a copy of the VMS installation and 
operation instructions from the NMFS OLE Northwest, VMS Program Manager 
upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS is 
required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206)526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may participate in a fishery 
requiring the VMS.
    (i) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS transceiver unit for the first time or 
reactivating a VMS transceiver unit following a reinstallation of a 
mobile transceiver unit or change in service provider, you must fax NMFS 
OLE an activation report that includes: Vessel name; vessel owner's 
name, address and telephone number, vessel operator's name, address and 
telephone number, USCG vessel documentation number/state registration 
number; if applicable, the groundfish permit number the vessel is 
registered to; VMS transceiver unit manufacturer; VMS communications 
service provider; VMS transceiver identification; identifying if the 
unit is the primary or backup; and a statement signed and dated by the 
vessel owner confirming compliance with the installation procedures 
provided by NMFS OLE.
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS OLE: 
a new activation report, which identifies that the transceiver unit was 
previously registered to another vessel; a notarized bill of sale 
showing proof of ownership of the VMS transceiver unit; documentation 
from the communications service provider showing proof that the service 
agreement for the previous vessel was terminated and that a service 
agreement was established for the new vessel.

[[Page 173]]

    (3) Transceiver unit operation. Operate and maintain in good working 
order the mobile transceiver unit continuously 24 hours a day throughout 
the fishing year, unless such vessel is exempted under paragraph (d)(4) 
of this section. The mobile transceiver unit must transmit a signal 
accurately indicating the vessel's position at least once every hour, 24 
hours a day, throughout the year unless a valid exemption report, as 
described in paragraph (b)(4) of this section, has been received by NMFS 
OLE. Less frequent position reporting at least once every four hours is 
authorized when a vessel remains in port for an extended period of time, 
but the mobile transceiver unit must remain in continuous operation at 
all times unless the vessel is exempted under this section.
    (4) VMS exemptions. A vessel that is required to operate the mobile 
transceiver unit continuously 24 hours a day throughout the fishing year 
may be exempted from this requirement if a valid exemption report, as 
described at paragraph (d)(4)(vii) of this section, is received by NMFS 
OLE and the vessel is in compliance with all conditions and requirements 
of the VMS exemption identified in this section and specified in the 
exemption report.
    (i) Haul out exemption. When it is anticipated that a vessel will be 
continuously out of the water for more than 7 consecutive days and a 
valid exemption report has been received by NMFS OLE, electrical power 
to the VMS mobile transceiver unit may be removed and transmissions may 
be discontinued. Under this exemption, VMS transmissions can be 
discontinued from the time the vessel is removed from the water until 
the time that the vessel is placed back in the water.
    (ii) Outside areas exemption. When the vessel will be operating 
seaward of the EEZ off Washington, Oregon, or California continuously 
for more than 7 consecutive days and a valid exemption report has been 
received by NMFS OLE, the VMS mobile transceiver unit transmissions may 
be reduced or discontinued from the time the vessel leaves the EEZ off 
the coasts of Washington, Oregon or California until the time that the 
vessel re-enters the EEZ off the coasts of Washington, Oregon or 
California. Under this exemption, the vessel owner or operator can 
request that NMFS OLE reduce or discontinue the VMS transmissions after 
receipt of an exemption report, if the vessel is equipped with a VMS 
transceiver unit that NMFS OLE has approved for this exemption.
    (iii) Permit transfer exemption. If the limited entry permit has 
been transferred from a vessel (for the purposes of this section, this 
includes permits placed into ``unidentified'' status) the vessel may be 
exempted from VMS requirements providing the vessel is not used to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) for the remainder of the fishing year. If 
the vessel is used to fish in this area for any species of fish at any 
time during the remaining portion of the fishing year without being 
registered to a limited entry permit, the vessel is required to have and 
use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under Sec. 660.312 
(b)(3) may be exempted from VMS provisions after the end of the fishing 
year in which it participated in the open access fishery, providing the 
vessel submits a completed exemption report signed by the vessel owner 
that includes a statement signed by the vessel owner indicating that the 
vessel will not be used to take and retain or possess groundfish in the 
EEZ or land groundfish taken in the EEZ during the new fishing year.
    (v) Emergency exemption. Vessels required to have VMS under 
660.312(b) may be exempted from VMS provisions in emergency situations 
that are beyond the vessel owner's control, including but not limited 
to: fire, flooding, or extensive physical damage to critical areas of 
the vessel. A vessel owner may apply for an emergency exemption from the 
VMS requirements specified in Sec. 660.312(b) for his/her vessel by 
sending a written request to NMFS OLE specifying the following 
information: The reasons for seeking an exemption, including any 
supporting documents (e.g., repair invoices, photographs

[[Page 174]]

showing damage to the vessel, insurance claim forms, etc.); the time 
period for which the exemption is requested; and the location of the 
vessel while the exemption is in effect. NMFS OLE will issue a written 
determination granting or denying the emergency exemption request. A 
vessel will not be covered by the emergency exemption until NMFS OLE 
issues a determination granting the exemption. If an exemption is 
granted, the duration of the exemption will be specified in the NMFS OLE 
determination.
    (vi) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing a electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with NMFS 
OLE must be made by telephone, fax or email within 24 hours from when 
the incident occurred. Emergency exemption requests must be requested in 
writing within 72 hours from when the incident occurred. Other exemption 
reports must be submitted through the VMS or another method that is 
approved by NMFS OLE and announced in the Federal Register. Submission 
methods for exemption requests, except long-term departures and 
emergency exemption requests, may include email, facsimile, or 
telephone. NMFS OLE will provide, through appropriate media, 
instructions to the public on submitting exemption reports. Instructions 
and other information needed to make exemption reports may be mailed to 
the vessel owner's address of record. NMFS will bear no responsibility 
if a notification is sent to the address of record for the vessel owner 
and is not received because the vessel owner's actual address has 
changed without notification to NMFS, as required at Sec. 
660.335(a)(2). Owners of vessels required to use VMS who do not receive 
instructions by mail are responsible for contacting NMFS OLE during 
business hours at least 3 days before the exemption is required to 
obtain information needed to make exemption reports. NMFS OLE must be 
contacted during business hours (Monday through Friday between 0800 and 
1700 Pacific Time).
    (vii) Valid exemption reports. For an exemption report to be valid, 
it must be received by NMFS at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraph (d)(4)(i) through 
(iv) of this section occur. An exemption report is valid until NMFS 
receives a report canceling the exemption. An exemption cancellation 
must be received at least 2 hours before the vessel re-enters the EEZ 
following an outside areas exemption; at least 2 hours before the vessel 
is placed back in the water following a haul out exemption; at least 2 
hours before the vessel resumes fishing for any species of fish in state 
or Federal waters off the States of Washington, Oregon, or California 
after it has received a permit transfer exemption; or at least 2 hours 
before a vessel resumes fishing in the open access fishery after a long-
term departure exemption. If a vessel is required to submit an 
activation report under Sec. 660.312(d)(2)(i) before returning to fish, 
that report may substitute for the exemption cancellation. Initial 
contact must be made with NMFS OLE not more than 24 hours after the time 
that an emergency situation occurred in which VMS transmissions were 
disrupted and followed by a written emergency exemption request within 
72 hours from when the incident occurred. If the emergency situation 
upon which an emergency exemption is based is resolved before the 
exemption expires, an exemption cancellation must be received by NMFS at 
least 2 hours before the vessel resumes fishing.
    (5) When aware that transmission of automatic position reports has 
been interrupted, or when notified by NMFS OLE that automatic position 
reports are not being received, contact NMFS OLE at 7600 Sand Point Way 
NE, Seattle, WA 98115-6349, phone: (206)526-6133 and follow the 
instructions provided to you. Such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS OLE 
the vessel's position or returning to port until the VMS is operable.
    (6) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the

[[Page 175]]

mobile transceiver unit prior to the vessel's next fishing trip. Repair 
or reinstallation of a mobile transceiver unit or installation of a 
replacement, including change of communications service provider shall 
be in accordance with the instructions provided by NMFS OLE and require 
the same certification.
    (7) Make the mobile transceiver units available for inspection by 
NMFS OLE personnel, USCG personnel, state enforcement personnel or any 
authorized officer.
    (8) Ensure that the mobile transceiver unit is not tampered with, 
disabled, destroyed or operated improperly.
    (9) Pay all charges levied by the communication service provider as 
necessary to ensure continuous operation of the VMS transceiver units.

[68 FR 62384, Nov. 4, 2003. Redesignated and amended at 69 FR 42350, 
July 15, 2004; 72 FR 69169, Dec. 7, 2007; 73 FR 4759, Jan. 28, 2008]



Sec. 660.314  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessel's compliance with this section.
    (b) Purpose. The purpose of the Groundfish Observer Program is to 
allow observers to collect fisheries data deemed by the Northwest 
Regional Administrator, NMFS, to be necessary and appropriate for 
management, compliance monitoring, and research in the groundfish 
fisheries and for the conservation of living marine resources and their 
habitat.
    (c) Observer coverage requirements--(1) NMFS certified observers--
(i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer must 
carry two NMFS-certified observers, and a catcher-processor or 
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain, 
receive, land, process, or transport groundfish.
    (ii) A Pacific whiting shoreside vessel that sorts catch at sea must 
carry one NMFS-certified observer, from the time the vessel leaves port 
on a trip in which the catch is sorted at sea to the time that all catch 
from that trip has been offloaded.
    (2) Catcher vessels. When NMFS notifies the owner, operator, permit 
holder, or the manager of a catcher vessel of any requirement to carry 
an observer, the catcher vessel may not be used to fish for groundfish 
without carrying an observer.
    (i) For the purposes of this section, the term ``catcher vessel'' 
includes all of the following vessels (except vessels described in 
paragraphs (c)(1) and (c)(3) of this section):
    (A) Any vessel registered for use with a Pacific Coast groundfish 
limited entry permit that fishes off the States of Washington, Oregon, 
or California seaward of the baseline from which the territorial sea of 
the United States is measured out to the seaward edge of the EEZ (i.e., 
0-200 nm offshore).
    (B) Any vessel other than a vessel described in paragraph 
(c)(2)(i)(A) of this section that is used to take and retain, possess, 
or land groundfish in or from the EEZ.
    (C) Any vessel that is required to take a Federal observer by the 
applicable State law.
    (ii) Notice of departure--Basic rule. At least 24 hours (but not 
more than 36 hours) before departing on a fishing trip, a vessel that 
has been notified by NMFS that it is required to carry an observer, or 
that is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (A) Optional notice--Weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (c)(2)(ii) of this section. If departure is delayed beyond 36 
hours from the time the original notice is given, the vessel must 
provide an additional notice of departure not less than 4 hours prior to 
departure, in order to enable NMFS to place an observer.
    (B) Optional notice--Back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (c)(2)(ii)) of this

[[Page 176]]

section for both trips, prior to making the first trip. A vessel that 
has given such notice is not required to give additional notice of the 
second trip.
    (iii) Cease fishing report. Within 24 hours of ceasing the taking 
and retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any vessel that is required to carry an observer, 
or that is operating in a segment of the fleet that NMFS has identified 
as an active sampling unit.
    (3) Vessels engaged in recreational fishing. [Reserved]
    (4) Waiver. The Northwest Regional Administrator may provide written 
notification to the vessel owner stating that a determination has been 
made to temporarily waive coverage requirements because of circumstances 
that are deemed to be beyond the vessel's control.
    (d) Vessel responsibilities. An operator of a vessel required to 
carry one or more observer(s) must provide:
    (1) Accommodations and food. Provide accommodations and food that 
are:
    (i) At-sea processors. Equivalent to those provided for officers, 
engineers, foremen, deck-bosses or other management level personnel of 
the vessel.
    (ii) Catcher vessels. Equivalent to those provided to the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 600.725 and 600.746 of this 
chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) to use the 
vessel's communication equipment and personnel, on request, for the 
entry, transmission, and receipt of work-related messages, at no cost to 
the observer(s) or the U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (iii) Hardware and software. Pacific whiting vessels that are 
required to carry one or more NMFS-certified observers under provisions 
at paragraphs (c)(1)(i) and (ii) must provide hardware and software 
pursuant to regulations at 50 CFR 679.50(f)(1)(iii)(B)(1) and 50 CFR 
679.50(f)(2), as follows:
    (A) Providing for use by the observer a personal computer in working 
condition that contains a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at least 
14.1 inches (35.8 cm) and minimum display settings of 600x800 pixels. 
The computer equipment specified in this paragraph (A) must be connected 
to a communication device that provides a modem connection to the NMFS 
host computer and supports one or more of the following protocols: ITU 
V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Processors that 
use a modem must have at least a 28.8kbs Hayes-compatible modem. The 
above-specified hardware and software requirements do not apply to 
processors that do not process groundfish.
    (B) NMFS-supplied software. Ensuring that each vessel that is 
required to carry a NMFS-certified observer obtains the data entry 
software provided by the NMFS for use by the observer.
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (6) Prior notification. Notify observer(s) at least 15 minutes 
before fish are brought on board, or fish and fish products are 
transferred from the vessel, to allow sampling the catch or observing 
the transfer, unless the observer specifically requests not to be 
notified.

[[Page 177]]

    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable 
observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).
    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (v) Allowing the observer(s) to collect biological data and samples.
    (vi) Providing adequate space for storage of biological samples.
    (9) At-sea transfers to or from processing vessels. Processing 
vessels must:
    (i) Ensure that transfers of observers at sea via small boat or raft 
are carried out during daylight hours, under safe conditions, and with 
the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (e) Procurement of observer services by catcher/processors, 
motherships, and Pacific whiting shoreside vessels that sort at sea. 
Owners of vessels required to carry observers under provisions at 
paragraph (c)(1)(i) or (ii) of this section must arrange for observer 
services from an observer provider permitted by the North Pacific 
Groundfish Observer Program under 50 CFR 679.50(i), except that:
    (1) Vessels are required to procure observer services directly from 
NMFS when NMFS has determined and given notification that the vessel 
must carry NMFS staff or an individual authorized by NMFS in lieu of an 
observer provided by a permitted observer provider.
    (2) Vessels are required to procure observer services directly from 
NMFS and a permitted observer provider when NMFS has determined and 
given notification that the vessel must carry NMFS staff or individuals 
authorized by NMFS, in addition to an observer provided by a permitted 
observer provider.
    (f) Observer certification and responsibilities--(1) Observer 
Certification--(i) Applicability. Observer certification authorizes an 
individual to fulfill duties as specified in writing by the NMFS 
Observer Program Office while under the employ of a NMFS-permitted 
observer provider and according to certification endorsements as 
designated under paragraph (f)(1)(v) of this section.
    (ii) Observer certification official. The Regional Administrator 
will designate a NMFS observer certification official who will make 
decisions for the Observer Program Office on whether to issue or deny 
observer certification.
    (iii) Certification requirements. NMFS will certify individuals who:
    (A) Are employed by an observer provider company permitted pursuant 
to 50 CFR 679.50 at the time of the issuance of the certification;
    (B) Have provided, through their observer provider:
    (1) Information identified by NMFS at 50 CFR 679.50(i)(2) 
(x)(A)(1)(iii) and (iv); and
    (2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C) 
regarding the observer candidate's health and physical fitness for the 
job;
    (C) Meet all education and health standards as specified in 50 CFR 
679.50(i)(2)(i)(A) and (1)(2)(x)(C), respectively; and
    (D) Have successfully completed NMFS-approved training as prescribed 
by the Observer Program.
    (1) Successful completion of training by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other training requirements 
established by the Observer Program.

[[Page 178]]

    (2) If a candidate fails training, he or she will be notified in 
writing on or before the last day of training. The notification will 
indicate: the reasons the candidate failed the training; whether the 
candidate can retake the training, and under what conditions, or 
whether, the candidate will not be allowed to retake the training. If a 
determination is made that the candidate may not pursue further 
training, notification will be in the form of an IAD denying 
certification, as specified under paragraph (f)(1)(iv)(A) of this 
section.
    (E) Have not been decertified under paragraph (f)(3) of this 
section, or pursuant to 50 CFR 679.50.
    (iv) Agency determinations on observer certification (A) Denial of a 
certification. The NMFS observer certification official will issue a 
written IAD denying observer certification when the observer 
certification official determines that a candidate has unresolvable 
deficiencies in meeting the requirements for certification as specified 
in paragraph (f)(1)(iii) of this section. The IAD will identify the 
reasons certification was denied and what requirements were deficient.
    (B) Appeals. A candidate who receives an IAD that denies his or her 
certification may appeal pursuant to paragraph (f)(4) of this section. A 
candidate who appeals the IAD will not be issued an interim observer 
certification, and will not receive a certification unless the final 
resolution of that appeal is in the candidate's favor.
    (C) Issuance of an observer certification. An observer certification 
will be issued upon determination by the observer certification official 
that the candidate has successfully met all requirements for 
certification as specified in paragraph (f)(1)(iii) of this section.
    (v) Endorsements. The following endorsements must be obtained, in 
addition to observer certification, in order for an observer to deploy.
    (A) Certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain observer certification. This endorsement expires when 
the observer has not been deployed and performed sampling duties as 
required by the Observer Program Office for a period of time, specified 
by the Observer Program, after his or her most recent debriefing. The 
observer can renew the endorsement by successfully completing 
certification training once more.
    (B) Annual general endorsements. Each observer must obtain an annual 
general endorsement to their certification prior to his or her first 
deployment within any calendar year subsequent to a year in which a 
certification training endorsement is obtained. To obtain an annual 
general endorsement, an observer must successfully complete the annual 
briefing, as specified by the Observer Program. All briefing attendance, 
performance, and conduct standards required by the Observer Program must 
be met.
    (C) Deployment endorsements. Each observer who has completed an 
initial deployment after certification or annual briefing must receive a 
deployment endorsement to their certification prior to any subsequent 
deployments for the remainder of that year. An observer may obtain a 
deployment endorsement by successfully completing all pre-cruise 
briefing requirements. The type of briefing the observer must attend and 
successfully complete will be specified in writing by the Observer 
Program during the observer's most recent debriefing.
    (D) Pacific whiting fishery endorsements. A Pacific whiting fishery 
endorsement is required for purposes of performing observer duties 
aboard vessels that process groundfish at sea in the Pacific whiting 
fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (1) Be a prior NMFS-certified observer in the groundfish fisheries 
off Alaska or the Pacific Coast, unless an individual with this 
qualification is not available;
    (2) Receive an evaluation by NMFS for his or her most recent 
deployment (if any) that indicated that the observer's performance met 
Observer Program expectations for that deployment;
    (3) Successfully complete a NMFS-approved observer training and/or 
whiting briefing as prescribed by the Observer Program; and

[[Page 179]]

    (4) Comply with all of the other requirements of this section.
    (2) Standards of observer conduct--(i) Limitations on conflict of 
interest.
    (A) Observers:
    (1) Must not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery managed 
pursuant to an FMP for the waters off the coast of Alaska, or in a 
Pacific Coast fishery managed by either the state or Federal governments 
in waters off Washington, Oregon, or California, including but not 
limited to:
    (i) Any ownership, mortgage holder, or other secured interest in a 
vessel, shore-based or floating stationary processor facility involved 
in the catching, taking, harvesting or processing of fish,
    (ii) Any business involved with selling supplies or services to any 
vessel, shore-based or floating stationary processing facility; or
    (iii) Any business involved with purchasing raw or processed 
products from any vessel, shore-based or floating stationary processing 
facilities.
    (2) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who either conducts activities that are regulated by 
NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the observers' official duties.
    (3) May not serve as observers on any vessel or at any shore-based 
or floating stationary processing facility owned or operated by a person 
who previously employed the observers.
    (4) May not solicit or accept employment as a crew member or an 
employee of a vessel, shore-basedprocessor, or stationary floating 
processor while employed by an observer provider.
    (B) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (ii) Standards of behavior. Observers must avoid any behavior that 
could adversely affect the confidence of the public in the integrity of 
the Observer Program or of the government, including but not limited to 
the following:
    (A) Observers must perform their assigned duties as described in the 
Observer Manual or other written instructions from the Observer Program 
Office.
    (B) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations of suspected 
violations of regulations relevant to conservation of marine resources 
or their environment.
    (C) Observers must not disclose collected data and observations made 
on board the vessel or in the processing facility to any person except 
the owner or operator of the observed vessel or processing facility, an 
authorized officer, or NMFS.
    (D) Observers must refrain from engaging in any illegal actions or 
any other activities that would reflect negatively on their image as 
professional scientists, on other observers, or on the Observer Program 
as a whole. This includes, but is not limited to:
    (1) Violating the drug and alcohol policy established by and 
available from the Observer Program;
    (2) Engaging in the use, possession, or distribution of illegal 
drugs; or
    (3) Engaging in physical sexual contact with personnel of the vessel 
or processing facility to which the observer is assigned, or with any 
vessel or processing plant personnel who may be substantially affected 
by the performance or non-performance of the observer's official duties.
    (3) Suspension and decertification--(i) Suspension and 
decertification review official. The Regional Administrator (or a 
designee) will designate an observer suspension and decertification 
review official(s), who will have the authority to review observer 
certifications and issue initial administrative determinations of 
observer certification suspension and/or decertification.
    (ii) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (A) When it is alleged that the observer has committed any acts or 
omissions of any of the following:
    (1) Failed to satisfactorily perform the duties of observers as 
specified in writing by the NMFS Observer Program; or

[[Page 180]]

    (2) Failed to abide by the standards of conduct for observers as 
prescribed under paragraph (f)(2) of this section;
    (B) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (1) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in writing by the NMFS Observer Program;
    (2) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (3) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the fitness of observers.
    (iii) Issuance of initial administrative determination. Upon 
determination that suspension or decertification is warranted under 
paragraph (f)(3)(ii) of this section, the suspension/decertification 
official will issue a written IAD to the observer via certified mail at 
the observer's most current address provided to NMFS. The IAD will 
identify whether a certification is suspended or revoked and will 
identify the specific reasons for the action taken. If the IAD issues a 
suspension for an observer certification, the terms of the suspension 
will be specified. Suspension or decertification is effective 
immediately as of the date of issuance, unless the suspension/
decertification official notes a compelling reason for maintaining 
certification for a specified period and under specified conditions.
    (iv) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal pursuant to 
paragraph (f)(4) of this section.
    (4) Appeals. (i) Decisions on appeals of initial administrative 
decisions denying certification to, or suspending, or decertifying, an 
observer, will be made by the Regional Administrator (or designated 
official).
    (ii) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (iii) An appeal must be filed with the Regional Administrator within 
30 days of the initial administrative decision denying, suspending, or 
revoking the observer's certification.
    (iv) The appeal must be in writing, and must allege facts or 
circumstances to show why the certification should be granted, or should 
not be suspended or revoked, under the criteria in this section.
    (v) Absent good cause for further delay, the Regional Administrator 
(or designated official) will issue a written decision on the appeal 
within 45 days of receipt of the appeal. The Regional Administrator's 
decision is the final administrative decision of the Department as of 
the date of the decision.
    (g) Sample station and operational requirements--(1) Observer 
sampling station. This paragraph contains the requirements for observer 
sampling stations. The vessel owner must provide an observer sampling 
station that complies with this section so that the observer can carry 
out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. The 
observer must have a working area of 4.5 square meters, including the 
observer's sampling table, for sampling and storage of fish to be 
sampled. The observer must be able to stand upright and have a work area 
at least 0.9 m deep in the area in front of the table and scale.
    (iv) Table aboard at-sea processing vessels. The observer sampling 
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m 
high and no more than 1.1 m high. The entire surface area of the table 
must be available for use by the observer. Any area for the observer 
sampling scale is in addition to the minimum space requirements for the 
table. The observer's sampling table must be secured to the floor or 
wall.

[[Page 181]]

    (v) Diverter board aboard at-sea processing vessels. The conveyor 
belt conveying unsorted catch must have a removable board (diverter 
board) to allow all fish to be diverted from the belt directly into the 
observer's sampling baskets. The diverter board must be located 
downstream of the scale used to weigh total catch. At least 1 m of 
accessible belt space, located downstream of the scale used to weight 
total catch, must be available for the observer's use when sampling.
    (vi) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.
    (vii) Observer sampling scale. The observer sample station must 
include a NMFS-approved platform scale (pursuant to requirements at 50 
CFR 679.28(d)(5)) with a capacity of at least 50 kg located within 1 m 
of the observer's sampling table. The scale must be mounted so that the 
weighing surface is no more than 0.7 m above the floor.
    (2) Requirements for bins used to make volumetric estimates on at-
sea processing vessels. [Reserved]
    (3) Operational requirements for at-sea processing vessels. 
[Reserved]

[66 FR 20613, Apr. 24, 2001, as amended at 69 FR 31755, June 7, 2004. 
Redesignated and amended at 69 FR 42350, July 15, 2004; 69 FR 57881, 
Sept. 28, 2004; 71 FR 66139, Nov. 13, 2006; 71 FR 78654, Dec. 29, 2006; 
74 FR 9887, Mar. 6, 2009]



Sec. 660.320  Allocations.

    (a) General. The commercial portion of the Pacific Coast groundfish 
fishery, excluding the treaty Indian fishery, is divided into limited 
entry and open access fisheries. Separate allocations for the limited 
entry and open access fisheries will be established biennially or 
annually for certain species and/or areas using the procedures described 
in this subpart or the PCGFMP.
    (1) Limited entry allocation. The allocation for the limited entry 
fishery is the allowable catch (harvest guideline or quota excluding set 
asides for recreational or tribal Indian fisheries) minus the allocation 
to the open access fishery.
    (2) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual harvest guideline or quota after subtracting any recreational 
fishery estimates or tribal allocations. For management areas where 
quotas or harvest guidelines for a stock are not fully utilized, no 
separate allocation will be established for the open access fishery 
until it is projected that the allowable catch for a species will be 
reached.
    (b) Open access allocation percentage. For each species with a 
harvest guideline or quota, the initial open access allocation 
percentage is calculated by:
    (1) Computing the total catch for that species during the window 
period by any vessel that does not initially receive a limited entry 
permit.
    (2) Dividing that amount by the total catch during the window period 
by all gear.
    (3) The guidelines in this paragraph (b)(3) apply to recalculation 
of the open access allocation percentage. Any recalculated allocation 
percentage will be used in calculating the following biennial fishing 
period's open access allocation.
    (c) Catch accounting between the limited entry and open access 
fisheries. Any groundfish caught by a vessel with a limited entry permit 
will be counted against the limited entry allocation while the limited 
entry fishery for that vessel's limited entry gear is open. When the 
fishery for a vessel's limited entry gear has closed, groundfish caught 
by that vessel with open access gear will be counted against the open 
access allocation. All groundfish caught by vessels without limited 
entry permits will be counted against the open access allocation.
    (d) Additional guidelines. Additional guidelines governing 
determination of the limited entry and open access allocations are in 
the PCGFMP.
    (e) Treaty Indian fisheries. Certain amounts of groundfish may be 
set aside biennially or annually for tribal fisheries prior to dividing 
the balance of the allowable catch between the limited entry and open 
access fisheries. Tribal fisheries conducted under a set-

[[Page 182]]

aside are not subject to the regulations governing limited entry and 
open access fisheries.
    (f) Recreational fisheries. Recreational fishing for groundfish is 
outside the scope of, and not affected by, the regulations governing 
limited entry and open access fisheries. Certain amounts of groundfish 
may be specifically allocated to the recreational fishery, and will be 
estimated prior to dividing the commercial allocation between the 
commercial limited entry and open access fisheries.

[61 FR 34572, July 2, 1996, as amended at 68 FR 52523, Sept. 4, 2003. 
Redesignated at 69 FR 42350, July 15, 2004; 71 FR 78654, Dec. 29, 2006]



Sec. 660.321  Black rockfish harvest guideline.

    From the commercial harvest of black rockfish off Washington State, 
a treaty Indian tribes' harvest guideline is set of 30,000 lb (13,608 
kg) for the area north of Cape Alava, WA (48[deg]09.50[min] N. lat) and 
10,000 lb (4,536 kg) for the area between Destruction Island, WA 
(47[deg]40[min] N. lat.) and Leadbetter Point, WA (46[deg]38.17[min] N. 
lat.). This harvest guideline applies and is available to the treaty 
Indian tribes identified in Sec. 660.324(b).

[75 FR 8824, Feb. 26, 2010]



Sec. 660.322  Sablefish allocations.

    (a) Tribal-nontribal allocation. The sablefish allocation to Pacific 
coast treaty Indian tribes identified at Sec. 660.324(b) is 10 percent 
of the sablefish total catch OY for the area north of 36[deg] N. lat. 
This allocation represents the total amount available to the treaty 
Indian fisheries before deductions for discard mortality. The annual 
tribal sablefish allocations are provided in Sec. 660.385(a).
    (b) Between the limited entry and open access sectors. Sablefish is 
allocated between the limited entry and open access fisheries according 
to the procedure described in Sec. 660.320(a).
    (c) Between the limited entry trawl and limited entry nontrawl 
sectors. The limited entry sablefish allocation is further allocated 58 
percent to the trawl sector and 42 percent to the nontrawl (longline and 
pot/trap) sector.
    (d) Between the limited entry fixed gear primary season and daily 
trip limit fisheries. Within the limited entry nontrawl sector 
allocation, 85 percent is reserved for the primary season described in 
Sec. 660.372(b), leaving 15 percent for the limited entry daily trip 
limit fishery described in Sec. 660.372(c).
    (e) Ratios between tiers for sablefish-endorsed limited entry 
permits. The Regional Administrator will biennially or annually 
calculate the size of the cumulative trip limit for each of the three 
tiers associated with the sablefish endorsement such that the ratio of 
limits between the tiers is approximately 1:1.75:3.85 for Tier 3:Tier 
2:Tier 1, respectively. The size of the cumulative trip limits will vary 
depending on the amount of sablefish available for the primary fishery 
and on estimated discard mortality rates within the fishery. The size of 
the cumulative trip limits for the three tiers in the primary fishery 
will be announced in Sec. 660.372.

[69 FR 77029, Dec. 23, 2004, as amended by 71 FR 78654, Dec. 29, 2006]



Sec. 660.323  Pacific whiting allocations, allocation attainment,
and inseason allocation reapportionment.

    (a) Allocations. (1) Annual treaty tribal whiting allocations are 
provided in Sec. 660.385(e).
    (2) The non-tribal commercial harvest guideline for whiting is 
allocated among three sectors, as follows:34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the shore-based sector. No more than 5 percent of the shore-based 
allocation may be taken and retained south of 42[deg] N. lat. before the 
start of the primary whiting season north of 42[deg] N. lat.Specific 
sector allocations for a given calendar year are found in tables 1a and 
2a of this subpart.
    (b) Reaching an allocation. If the whiting harvest guideline, 
commercial harvest guideline, or a sector[min]s allocation is reached, 
or is projected to be reached, the following action(s) for the 
applicable sector(s) may be taken as provided under paragraph (e) of 
this section and will remain in effect until additional amounts are made 
available the next calendar year or under paragraph (c) of this section.

[[Page 183]]

    (1) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (2) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed whiting 
may be brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (3) Shore-based sector coastwide. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
shore-based sector except as authorized under a trip limit specified 
under Sec. 660.370(c).
    (4) Shore-based south of 42[deg] N. lat. If 5 percent of the shore-
based allocation for whiting is taken and retained south of 42[deg] N. 
lat. before the primary season for the shore-based sector begins north 
of 42[deg] N. lat., then a trip limit specified under Sec. 660.370(c) 
may be implemented south of 42[deg] N. lat. until the northern primary 
season begins, at which time the southern primary season would resume.
    (c) Reapportionments. That portion of a sector's allocation that the 
Regional Administrator determines will not be used by the end of the 
fishing year shall be made available for harvest by the other sectors, 
if needed, in proportion to their initial allocations, on September 15 
or as soon as practicable thereafter. NMFS may release whiting again at 
a later date to ensure full utilization of the resource. Whiting not 
needed in the fishery authorized under Sec. 660.324 may also be made 
available.
    (d) Estimates. Estimates of the amount of whiting harvested will be 
based on actual amounts harvested, projections of amounts that will be 
harvested, or a combination of the two. Estimates of the amount of 
Pacific whiting that will be used by shore-based processors by the end 
of the calendar year will be based on the best information available to 
the Regional Administrator from state catch and landings data, the 
testimony received at Council meetings, and/or other relevant 
information.
    (e) Announcements. The Regional Administrator will announce in the 
Federal Register when a harvest guideline, commercial harvest guideline, 
or an allocation of whiting is reached, or is projected to be reached, 
specifying the appropriate action being taken under paragraph (b) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of surplus whiting to others sectors on 
September 15, or as soon as practicable thereafter. In order to prevent 
exceeding the limits or to avoid underutilizing the resource, 
prohibitions against further taking and retaining, receiving, or at-sea 
processing of whiting, or reapportionment of surplus whiting may be made 
effective immediately by actual notice to fishers and processors, by e-
mail, internet (www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-
Management/Whiting-Management/index.cfm), phone, fax, letter, press 
release, and/or USCG Notice to Mariners (monitor channel 16 VHF), 
followed by publication in the Federal Register, in which instance 
public comment will be sought for a reasonable period of time 
thereafter.

[69 FR 42350, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 22812, May 3, 2005; 70 FR 28853, May 19, 2005; 71 FR 29262, May 
22, 2006; 71 FR 78654, Dec. 29, 2006]



Sec. 660.324  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
groundfish in their usual and accustomed fishing areas in U.S. waters.
    (b) For the purposes of this part, Pacific Coast treaty Indian 
tribes means the Hoh, Makah, and Quileute Indian Tribes and the Quinault 
Indian Nation.
    (c) The Pacific Coast treaty Indian tribes' usual and accustomed 
fishing areas within the fishery management area (FMA) are set out below 
in paragraphs (c)(1) through (c)(4) of this section. Boundaries of a 
tribe's fishing

[[Page 184]]

area may be revised as ordered by a Federal court.
    (1) Makah That portion of the FMA north of 48[deg]02.25[min] N. lat. 
(Norwegian Memorial) and east of 125[deg]44[min] W. long.
    (2) Quileute That portion of the FMA between 48[deg]07.60[min] N. 
lat. (Sand Point) and 47[deg]31.70[min] N. lat. (Queets River) and east 
of 125[deg]44[min] W. long.
    (3) Hoh That portion of the FMA between 47[deg]54.30[min] N. lat. 
(Quillayute River) and 47[deg]21[min] N. lat. (Quinault River) and east 
of 125[deg]44[min] W. long.
    (4) Quinault That portion of the FMA between 47[deg]40.10[min] N. 
lat. (Destruction Island) and 46[deg]53.30[min] N. lat. (Point Chehalis) 
and east of 125[deg]44[min] W. long.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary, after consideration of the 
tribal request, the recommendation of the Council, and the comments of 
the public. The rights will be implemented either through an allocation 
of fish that will be managed by the tribes, or through regulations in 
this section that will apply specifically to the tribal fisheries. An 
allocation or a regulation specific to the tribes shall be initiated by 
a written request from a Pacific Coast treaty Indian tribe to the 
Regional Administrator, prior to the first Council meeting in which 
biennial harvest specifications and management measures are discussed 
for an upcoming biennial management period. The Secretary generally will 
announce the annual tribal allocations at the same time as the 
announcement of the harvest specifications. The Secretary recognizes the 
sovereign status and co-manager role of Indian tribes over shared 
Federal and tribal fishery resources. Accordingly, the Secretary will 
develop tribal allocations and regulations under this paragraph in 
consultation with the affected tribe(s) and, insofar as possible, with 
tribal consensus.
    (e) Identification. A valid treaty Indian identification card issued 
pursuant to 25 CFR part 249, subpart A, is prima facie evidence that the 
holder is a member of the Pacific Coast treaty Indian tribe named on the 
card.
    (f) A limited entry permit under Sec. 660.331 through Sec. 660.341 
is not required for participation in a tribal fishery described in 
paragraph (d) of this section.
    (g) Fishing under this section and Sec. 660.385 by a member of a 
Pacific Coast treaty Indian tribe within their usual and accustomed 
fishing area is not subject to the provisions of other sections of this 
subpart.
    (h) Any member of a Pacific Coast treaty Indian tribe must comply 
with this section and Sec. 660.385, and with any applicable tribal law 
and regulation, when participating in a tribal groundfish fishery 
described in paragraph (d) of this section.
    (i) Fishing by a member of a Pacific Coast treaty Indian tribe 
outside the applicable Indian tribe's usual and accustomed fishing area, 
or for a species of groundfish not covered by an allocation or 
regulation under this section, is subject to the regulations in the 
other sections of this part.
    (j) Black rockfish. Harvest guidelines for commercial harvests of 
black rockfish by members of the Pacific Coast Indian tribes using hook 
and line gear will be established biennially for two subsequent one-year 
periods for the areas between the U.S.-Canadian border and Cape Alava 
(48[deg]09.50[min] N. lat.) and between Destruction Island 
(47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] N. 
lat.), in accordance with the procedures for implementing harvest 
specifications and management measures. Pacific Coast treaty Indians 
fishing for black rockfish in these areas under these harvest guidelines 
are subject to the provisions in this section Sec. Sec. 660.321 and 
660.385, and not to the restrictions in other sections of this part.
    (k) Groundfish without a tribal allocation. Makah tribal members may 
use midwater trawl gear to take and retain groundfish for which there is 
no tribal allocation and will be subject to the trip landing and 
frequency and size limits applicable to the limited entry fishery.

[61 FR 34572, July 2, 1996, as amended at 67 FR 65905, Oct. 29, 2002; 68 
FR 52522, Sept. 4, 2003; 71 FR 78655, Dec. 29, 2006]



Sec. 660.331  Limited entry and open access fisheries--general.

    All commercial fishing for groundfish must be conducted in 
accordance with the regulations governing limited entry and open access 
fisheries, except

[[Page 185]]

such fishing by treaty Indian tribes as may be separately provided for.



Sec. 660.333  Limited entry fishery-eligibility and registration.

    (a) General. A limited entry permit confers a conditional privilege 
of participating in the Pacific coast groundfish limited entry fishery, 
in accordance with Federal regulations in 50 CFR part 660. In order for 
a vessel to participate in the limited entry fishery, the vessel owner 
must hold a limited entry permit and, through SFD, must register that 
vessel for use with a limited entry permit. When participating in the 
limited entry fishery, a vessel is authorized to fish with the gear type 
endorsed on the limited entry permit registered for use with that 
vessel. There are three types of gear endorsements: trawl, longline, and 
pot (or trap). All limited entry permits have size endorsements and a 
vessel registered for use with a limited entry permit must comply with 
the vessel size requirements of this subpart. A sablefish endorsement is 
also required for a vessel to participate in the primary season for the 
limited entry fixed gear sablefish fishery, north of 36[deg] N. lat. 
After May 11, 2009, a catcher vessel participating in either the whiting 
shore-based or mothership sector must, in addition to being registered 
for use with a limited entry permit, be registered for use with a 
sector-appropriate Pacific whiting vessel license under Sec. 660.336. 
After May 11, 2009, a vessel participating in the whiting catcher/
processor sector must, in addition to being registered for use with a 
limited entry permit, be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.336. After April 9, 2009, 
although a mothership vessel participating in the whiting mothership 
sector is not required to be registered for use with a limited entry 
permit, such vessel must be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.336.
    (b) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12102 (a) may be issued or may hold a 
limited entry permit.
    (c) Registration. Limited entry permits will normally be registered 
for use with a particular vessel at the time the permit is issued, 
renewed, transferred, or replaced. If the permit will be used with a 
vessel other than the one registered on the permit, the permit owner 
must register that permit for use with the new vessel through the SFD. 
The reissued permit must be placed on board the new vessel in order for 
the vessel to participate in the limited entry fishery.
    (1) Registration of a permit to be used with a new vessel will take 
effect no earlier than the first day of the next major limited entry 
cumulative limit period following the date SFD receives the transfer 
form and the original permit.
    (2) The major limited entry cumulative limit periods will be 
announced in the Federal Register with the harvest specifications and 
management measures, and with routine management measures when the 
cumulative limit periods are changed.
    (d) Limited entry permits indivisible. Limited entry permits may not 
be divided for use by more than one vessel.
    (e) Initial decisions. SFD will make initial decisions regarding 
permit endorsements, renewal, replacement, and change in vessel 
registration. SFD will notify the permit holder in writing with an 
explanation of any decision to deny a permit endorsement, renewal, 
replacement, or change in vessel registration. The SFD will decline to 
act on an application for permit endorsement, renewal, transfer, 
replacement, or registration of a limited entry permit if the permit is 
subject to sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 
1858 (a) and implementing regulations at 15 CFR part 904, subpart D, 
apply.

[66 FR 40919, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 68 
FR 52523, Sept. 4, 2003; 72 FR 27764, May 17, 2007; 74 FR 10192, Mar. 
10, 2009; 74 FR 11881, Mar. 20, 2009]



Sec. 660.334  Limited entry permits-endorsements.

    (a) ``A'' endorsement. A limited entry permit with an ``A'' 
endorsement entitles the holder to participate in the limited entry 
fishery for all groundfish species with the type(s) of limited

[[Page 186]]

entry gear specified in the endorsement, except for sablefish harvested 
north of 36[deg] N. lat. during times and with gears for which a 
sablefish endorsement is required. See Sec. 660.334 (d) for provisions 
on sablefish endorsement requirements. An ``A'' endorsement is 
transferable with the limited entry permit to another person, or to a 
different vessel under the same ownership under Sec. 660.335. An ``A'' 
endorsement expires on failure to renew the limited entry permit to 
which it is affixed.
    (b) Gear endorsements. There are three types of gear endorsements: 
trawl, longline and pot (trap). When limited entry permits were first 
issued, some vessel owners qualified for more than one type of gear 
endorsement based on the landings history of their vessels. Each limited 
entry permit has one or more gear endorsement(s). Gear endorsement(s) 
assigned to the permit at the time of issuance will be permanent and 
shall not be modified. While participating in the limited entry fishery, 
the vessel registered to the limited entry permit is authorized to fish 
the gear(s) endorsed on the permit. While participating in the limited 
entry, primary fixed gear fishery for sablefish described at Sec. 
660.372, a vessel registered to more than one limited entry permit is 
authorized to fish with any gear, except trawl gear, endorsed on at 
least one of the permits registered for use with that vessel. During the 
limited entry fishery, permit holders may also fish with open access 
gear; except that vessels fishing against primary sablefish season 
cumulative limits described at Sec. 660.372(b)(3) may not fish with 
open access gear against those limits.
    (c) Vessel size endorsements--(1) General. Each limited entry permit 
will be endorsed with the LOA for the size of the vessel that initially 
qualified for the permit, except:
    (i) If the permit is registered for use with a trawl vessel that is 
more than 5 ft (1.52 m) shorter than the size for which the permit is 
endorsed, it will be endorsed for the size of the smaller vessel. This 
requirement does not apply to a permit with a sablefish endorsement that 
is endorsed for both trawl and either longline or pot gear and which is 
registered for use with a longline or pot gear vessel for purposes of 
participating in the limited entry primary fixed gear sablefish fishery 
described at Sec. 660.372.
    (ii) When permits are combined into one permit to be registered for 
use with a vessel requiring a larger size endorsement, the new permit 
will be endorsed for the size that results from the combination of the 
permits as described in paragraph (c)(2)(iii) of this section.
    (2) Limitations of size endorsements--(i) A limited entry permit 
endorsed only for gear other than trawl gear may be registered for use 
with a vessel up to 5 ft (1.52 m) longer than, the same length as, or 
any length shorter than, the size endorsed on the existing permit 
without requiring a combination of permits under Sec. 660.335 (b) or a 
change in the size endorsement.
    (ii) A limited entry permit endorsed for trawl gear may be 
registered for use with a vessel between 5 ft (1.52 m) shorter and 5 ft 
(1.52 m) longer than the size endorsed on the existing permit without 
requiring a combination of permits under Sec. 660.335 (b) or a change 
in the size endorsement under paragraph (c)(1)(i) of this section.
    (iii) The vessel harvest capacity rating for each of the permits 
being combined is that indicated in Table 2 of this part for the LOA (in 
feet) endorsed on the respective limited entry permit. Harvest capacity 
ratings for fractions of a foot in vessel length will be determined by 
multiplying the fraction of a foot in vessel length by the difference in 
the two ratings assigned to the nearest integers of vessel length. The 
length rating for the combined permit is that indicated for the sum of 
the vessel harvest capacity ratings for each permit being combined. If 
that sum falls between the sums for two adjacent lengths on Table 2 of 
this part, the length rating shall be the higher length.
    (3) Size endorsement requirements for sablefish-endorsed permits. 
Notwithstanding paragraphs (c)(1) and (2) of this section, when multiple 
permits are ``stacked'' on a vessel, as described in Sec. 660.335(c), 
at least one of the permits must meet the size requirements of those 
sections. The permit that meets the size requirements of those sections

[[Page 187]]

is considered the vessel's ``base'' permit, as defined in Sec. 660.302. 
Beginning in the Fall of 2006 with the limited entry permit renewal 
process (Sec. 660.335(a)), if more than one permit registered for use 
with the vessel has an appropriate length endorsement for that vessel, 
NMFS SFD will designate a base permit by selecting the permit that has 
been registered to the vessel for the longest time. If the permit owner 
objects to NMFS's selection of the base permit, the permit owner may 
send a letter to NMFS SFD requesting the change and the reasons for the 
request. If the permit requested to be changed to the base permit is 
appropriate for the length of the vessel as provided for in paragraph 
(c)(2)(i) of this section, NMFS SFD will reissue the permit with the new 
base permit. Any additional permits that are stacked for use with a 
vessel participating in the limited entry primary fixed gear sablefish 
fishery may be registered for use with a vessel even if the vessel is 
more than 5 ft (1.5 m) longer or shorter than the size endorsed on the 
permit.
    (d) Sablefish endorsement and tier assignment--(1) General. 
Participation in the limited entry fixed gear sablefish fishery during 
the primary season described in Sec. 660.372 north of 36[deg] N. lat., 
requires that an owner of a vessel hold (by ownership or lease) a 
limited entry permit, registered for use with that vessel, with a 
longline or trap (or pot) endorsement and a sablefish endorsement. Up to 
three permits with sablefish endorsements may be registered for use with 
a single vessel. Limited entry permits with sablefish endorsements are 
assigned to one of three different cumulative trip limit tiers, based on 
the qualifying catch history of the permit.
    (i) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (ii) A sablefish endorsement and its associated tier assignment are 
not separable from the limited entry permit, and therefore may not be 
transferred separately from the limited entry permit.
    (2) Endorsement and tier assignment qualifying criteria.
    (i) Permit catch history. Permit catch history will be used to 
determine whether a permit meets the qualifying criteria for a fixed 
gear sablefish endorsement and to determine the appropriate tier 
assignment for endorsed permits. Permit catch history includes the catch 
history of the vessel(s) that initially qualified for the permit, and 
subsequent catch histories accrued when the limited entry permit or 
permit rights were associated with other vessels. The catch history of a 
permit also includes the catch of any interim permit held by the current 
owner of the permit during the appeal of an initial NMFS decision to 
deny the initial issuance of a limited entry permit, but only if the 
appeal for which an interim permit was issued was lost by the appellant, 
and the owner's current permit was used by the owner in the 1995 limited 
entry sablefish fishery. The catch history of an interim permit where 
the full ``A'' permit was ultimately granted will also be considered 
part of the catch history of the ``A'' permit. If the current permit is 
the result of the combination of multiple permits, then for the combined 
permit to qualify for an endorsement, at least one of the permits that 
were combined must have had sufficient sablefish history to qualify for 
an endorsement; or the permit must qualify based on catch occurring 
after it was combined, but taken within the qualifying period. If the 
current permit is the result of the combination of multiple permits, the 
combined catch histories of all of the permits that were combined to 
create a new permit before March 12, 1998, will be used in calculating 
the tier assignment for the resultant permit, together with any catch 
history (during the qualifying period) of the resultant permit. Only 
sablefish catch regulated by this part that was taken with longline or 
trap (pot) gear will be considered for the sablefish endorsement, except 
that vessels qualifying for the sablefish endorsement based on longline 
or trap (pot) landings may include setnet sablefish landings defined at 
(d)(2)(ii)(B) of this section in meeting tier assignment qualifications. 
Sablefish harvested illegally or landed illegally will not be considered 
for this endorsement.

[[Page 188]]

    (ii) Sablefish endorsement tier assignments. Only limited entry, 
fixed gear permits with sablefish endorsements will receive cumulative 
trip limit tier assignments.
    (A) The qualifying weight criteria for Tier 1 are at least 898,000 
lb (407,326 kg) cumulative round weight of sablefish caught over the 
years 1984-1994. The qualifying weight criteria for Tier 2 are at least 
380,000 lb (172,365 kg), but no more than 897,999 lb (407,326 kg) 
cumulative round weight of sablefish caught over the years 1984-1994. 
Fixed gear permits with less than 380,000 lb (172,365 kg) cumulative 
round weight of sablefish caught over the years 1984-1994 qualify for 
Tier 3. All qualifying sablefish landings must be caught with longline 
or trap (pot), although setnet landings defined at sub-paragraph (B) of 
this section may also be included in tier assignment qualifying 
landings. Sablefish taken in tribal set aside fisheries does not 
qualify.
    (B) Setnet sablefish landings are included in sablefish endorsement 
tier assignment qualifying criteria if those landings were made north of 
38[deg] N. lat. under the authority of an EFP issued by NMFS in any of 
the years 1984-1985, by a vessel that landed at least 16,000 lb (7,257 
kg) of sablefish with longline or trap (pot) gear in any one year 
between 1984-1994.
    (iii) Evidence and burden of proof. A vessel owner (or person 
holding limited entry rights under the express terms of a written 
contract) applying for issuance, renewal, replacement, transfer, or 
registration of a limited entry permit has the burden to submit evidence 
to prove that qualification requirements are met. The owner of a permit 
endorsed for longline or trap (pot) gear applying for a sablefish 
endorsement or a tier assignment under this section has the burden to 
submit evidence to prove that qualification requirements are met. The 
following evidentiary standards apply:
    (A) A certified copy of the current vessel document (USCG or State) 
is the best evidence of vessel ownership and LOA.
    (B) A certified copy of a State fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (C) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights.
    (D) Such other relevant, credible evidence as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (3) Issuance process for sablefish endorsements and tier 
assignments. (i) No new applications for sablefish endorsements will be 
accepted after November 30, 1998.
    (ii) All tier assignments and subsequent appeals processes were 
completed by September 1998. If, however, a permit owner with a 
sablefish endorsement believes that his permit may qualify for a change 
in tier status based on qualifications in paragraph (d)(2)(ii)(B) of 
this section, the SFD will accept applications for a tier change through 
December 31, 2002. The application shall consist of a written letter 
stating the applicant's circumstances, requesting action, be signed by 
the applicant, and submitted along with the relevant documentation (fish 
tickets) in support of the application for a change in tier status.
    (iii) After review of the evidence submitted under paragraph (ii), 
and any additional information the SFD finds to be relevant, the 
Regional Administrator will issue a letter of determination notifying a 
permit owner of whether the evidence submitted is sufficient to alter 
the initial tier assignment. If the Regional Administrator determines 
the permit qualifies for a different tier, the permit owner will be 
issued a permit with the revised tier assignment once the initial permit 
is returned to the SFD for processing.
    (iv) If a permit owner chooses to file an appeal of the 
determination under paragraph (iii) of this section, the appeal must be 
filed with the Regional Administrator within 30 days of the issuance of 
the letter of determination. The appeal must be in writing and must 
allege facts or circumstances, and include credible evidence 
demonstrating why the permit qualifies for a different tier assignment. 
The appeal

[[Page 189]]

of a denial of an application for a different tier assignment will not 
be referred to the Council for a recommendation under Sec. 660.340 (e).
    (v) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 days of receipt of 
the appeal. The Regional Administrator's decision is the final 
administrative decision of the Department of Commerce as of the date of 
the decision.
    (4) Ownership requirements and limitations. (i) No partnership or 
corporation may own a limited entry permit with a sablefish endorsement 
unless that partnership or corporation owned a limited entry permit with 
a sablefish endorsement on November 1, 2000. Otherwise, only individual 
human persons may own limited entry permits with sablefish endorsements.
    (ii) No individual person, partnership, or corporation in 
combination may have ownership interest in or hold more than 3 permits 
with sablefish endorsements either simultaneously or cumulatively over 
the primary season, except for an individual person, or partnerships or 
corporations that had ownership interest in more than 3 permits with 
sablefish endorsements as of November 1, 2000. The exemption from the 
maximum ownership level of 3 permits only applies to ownership of the 
particular permits that were owned on November 1, 2000. An individual 
person, or partnerships or corporations that had ownership interest in 3 
or more permits with sablefish endorsements as of November 1, 2000, may 
not acquire additional permits beyond those particular permits owned on 
November 1, 2000. If, at some future time, an individual person, 
partnership, or corporation that owned more than 3 permits as of 
November 1, 2000, sells or otherwise permanently transfers (not holding 
through a lease arrangement) some of its originally owned permits, such 
that they then own fewer than 3 permits, they may then acquire 
additional permits, but may not have ownership interest in or hold more 
than 3 permits.
    (iii) A partnership or corporation will lose the exemptions provided 
in paragraphs (d)(4)(i) and (ii) of this section on the effective date 
of any change in the corporation or partnership from that which existed 
on November 1, 2000. A ``change'' in the partnership or corporation is 
defined at Sec. 660.302. A change in the partnership or corporation 
must be reported to SFD within 15 calendar days of the addition of a new 
shareholder or partner.
    (iv) During 2006 when a permit's ownership interest is requested for 
the first time, NMFS anticipates sending a form to legally recognized 
corporations and partnerships (i.e., permit owners or holders that do 
not include only individual's names) that currently own or hold 
sablefish-endorsed permits that requests a listing of the names of all 
shareholders or partners as of November 1, 2000, and a listing of that 
same information as of the current date in 2006. Applicants will be 
provided at least 60 calendar days to submit completed applications. If 
a corporation or partnership fails to return the completed form by the 
deadline date of July 1, 2006, NMFS will send a second written notice to 
delinquent entities requesting the completed form by a revised deadline 
date of August 1, 2006. If the permit owning or holding entity fails to 
return the completed form by that second date, August 1, 2006, NMFS will 
void their existing permit(s) and reissue the permit(s) with a vessel 
registration given as ``unidentified'' until such time that the 
completed form is provided to NMFS. For the 2007 fishing year and 
beyond, any partnership or corporation with any ownership interest in or 
that holds a limited entry permit with a sablefish endorsement shall 
document the extent of that ownership interest or the individuals that 
hold the permit with the SFD via the Identification of Ownership 
Interest Form sent to the permit owner through the annual permit renewal 
process defined at Sec. 660.335(a) and whenever a change in permit 
owner, permit holder, and/or vessel registration occurs as defined at 
Sec. 660.335(d) and (e). SFD will not renew a sablefish-endorsed 
limited entry permit through the annual renewal process described at 
Sec. 660.335(a) or approve a change in permit owner, permit holder, 
and/or vessel registration unless the Identification of Ownership 
Interest Form has been completed. Further, if SFD discovers through 
review of the Identification of Ownership Interest

[[Page 190]]

Form that an individual person, partnership, or corporation owns or 
holds more than 3 permits and is not authorized to do so under paragraph 
(d)(4)(ii) of this section, the individual person, partnership or 
corporation will be notified and the permits owned or held by that 
individual person, partnership, or corporation will be void and reissued 
with the vessel status as ``unidentified'' until the permit owner owns 
and/or holds a quantity of permits appropriate to the restrictions and 
requirements described in paragraph (d)(4)(ii) of this section. If SFD 
discovers through review of the Identification of Ownership Interest 
Form that a partnership or corporation has had a change in membership 
since November 1, 2000, as described in paragraph (d)(4)(iii) of this 
section, the partnership or corporation will be notified, SFD will void 
any existing permits, and reissue any permits owned and/or held by that 
partnership or corporation in ``unidentified'' status with respect to 
vessel registration until the partnership or corporation is able to 
transfer those permits to persons authorized under this section to own 
sablefish-endorsed limited entry permits.
    (v) For permit owners with one individual listed and who were 
married as of November 1, 2000, and who wish to add their spouse as co-
owner on their permit(s), NMFS will accept corrections to NMFS' permit 
ownership records. Permit owners may add a not-listed spouse as a co-
owner without losing their exemption from the owner-on-board 
requirements (i.e., grandfathered status). Their new grandfathered 
status will be as a partnership, as defined at Sec. 660.302 which 
includes married couples. Individual permit owners will lose their 
individual grandfathered status when they add their not-listed spouse 
unless they also owned at least one permit as an individual and did not 
retroactively add a spouse as co-owner on that permit. In cases where 
married couples are listed as co-owners of the same permit, both 
individuals will be counted as owning one permit each and will have 
grandfathered status as a partnership. An individual within the married 
couple will not, however, be able to retain their exemption from owner-
on-board requirements if they choose to buy another permit as an 
individual and did not own a permit as an individual as of the control 
date in NMFS ``corrected'' records (i.e., NMFS records after allowing a 
not-listed spouse to be added as co-owner). Members of partnerships and 
corporations will not be allowed to add their spouses to the corporate 
ownership listing as of November 1, 2000, for purposes of exempting them 
from the owner-on-board requirements. NMFS will send a form to permit 
owners with one individual listed on the permit as of November 1, 2000, 
to allow married individuals who wish to declare their spouses as having 
permit ownership interest as of November 1, 2000. Applicants will be 
required to submit a copy of their marriage certificate as evidence of 
marriage. Applicants will be provided at least 60 calendar days to 
submit an application to add a spouse as co-owner. Failure to return the 
completed form to NMFS SFD by July 1, 2006, will result in the 
individual listed on the permit in SFD records as of November 1, 2000, 
remaining on the permit. SFD will not accept any declarations to add a 
spouse as co-owner for couples married as of November 1, 2000, 
postmarked after the July 1, 2006, deadline.
    (vi) For an individual person, partnership, or corporation that 
qualified for the owner-on-board exemption, but later divested their 
interest in a permit or permits, they may retain rights to an owner-on-
board exemption as long as that individual person, partnership, or 
corporation obtains another permit by March 2, 2007. An individual 
person, partnership or corporation could only obtain a permit if it has 
not added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation or that have 
died. NMFS will send out a letter to all individuals, partnerships or 
corporations who owned a permit as of November 1, 2000, and who no 
longer own a permit to notify them that they would qualify as a 
grandfathered permit owner if they choose to buy a permit by March 2, 
2007.
    (vii) A person, partnership, or corporation that is exempt from the 
owner-on-board requirement may sell all of their permits, buy another 
sablefish-endorsed permit within up to a

[[Page 191]]

year from the date the last permit was approved for transfer, and retain 
their exemption from the owner-on-board requirements. An individual 
person, partnership or corporation could only obtain a permit if it has 
not added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation or that have 
died.
    (e) Sablefish at-sea processing prohibition and exemption--(1) 
General. Beginning January 1, 2007, vessels are prohibited from 
processing sablefish at sea that were caught in the primary sablefish 
fishery without sablefish at-sea processing exemptions at Sec. 
660.306(e)(3). A permit and/or vessel owner may get an exemption to this 
prohibition if his/her vessel meets the exemption qualifying criteria 
provided in paragraph (e)(2) of this section. The sablefish at-sea 
processing exemption is issued to a particular vessel and the permit 
and/or vessel owner who requested the exemption. The exemption is not 
part of the limited entry permit. The exemption is not transferable to 
any other vessel, vessel owner, or permit owner for any reason. The 
sablefish at-sea processing exemption will expire upon transfer of the 
vessel to a new owner or if the vessel is totally lost, as defined at 
Sec. 660.302.
    (2) Qualifying criteria. A sablefish at-sea processing exemption 
will be issued to any vessel registered for use with a sablefish-
endorsed limited entry permit that meets the sablefish at-sea processing 
exemption qualifying criteria and for which the owner submits a timely 
application. The qualifying criteria for a sablefish at-sea processing 
exemption are: at least 2,000 lb (907.2 mt), round weight, of frozen 
sablefish landed by the applicant vessel during any one calendar year in 
either 1998 or 1999, or between January 1 and November 1, 2000. The best 
evidence of a vessel having met these qualifying criteria will be 
receipts from frozen product buyers or exporters, accompanied by the 
state fish tickets or landings receipts appropriate to the frozen 
product. Documentation showing investment in freezer equipment without 
also showing evidence of how poundage qualifications have been met is 
not sufficient evidence to qualify a vessel for a sablefish at-sea 
processing exemption. All landings of sablefish must have occurred 
during the regular and/or mop-up seasons and must have been harvested in 
waters managed under this part. Sablefish taken in tribal set aside 
fisheries or taken outside of the fishery management area, as defined at 
Sec. 660.302, does not meet the qualifying criteria.
    (3) Issuance process for sablefish at-sea processing exemptions.
    (i) The SFD will mail sablefish at-sea processing exemption 
applications to all limited entry permit owners with sablefish 
endorsements and/or fixed gear vessel owners and will make those 
applications available online at www.nwr.noaa.gov/Groundfish-Halibut/
Fisheries-Permits/index.cfm. Permit and/or vessel owners will have at 
least 60 calendar days to submit applications. A permit and/or vessel 
owner who believes that their vessel may qualify for the sablefish at-
sea processing exemption will have until July 1, 2006, to submit 
evidence showing how their vessel has met the qualifying criteria 
described in this section at paragraph (e)(2) of this section. Paragraph 
(e)(4) of this section sets out the relevant evidentiary standards and 
burden of proof. SFD will not accept applications for the sablefish at-
sea processing exemption postmarked after July 1, 2006.
    (ii) Within 30 calendar days of the deadline or after receipt of a 
complete application, the SFD will notify applicants by letter of 
determination whether their vessel qualifies for the sablefish at-sea 
processing exemption. A person who has been notified by the SFD that 
their vessel qualifies for a sablefish at-sea processing exemption will 
be issued an exemption letter by SFD that must be onboard the vessel at 
all times. After the deadline for the receipt of applications has 
expired and all applications processed, SFD will publish a list of 
vessels that qualified for the sablefish at-sea processing exemption in 
the Federal Register.
    (iii) If a permit and/or vessel owner chooses to file an appeal of 
the determination under paragraph (e)(3)(ii) of this section, the appeal 
must be filed with the Regional Administrator within 30 calendar days of 
the issuance of the letter of determination. The appeal

[[Page 192]]

must be in writing and must allege facts or circumstances, and include 
credible evidence demonstrating why the vessel qualifies for a sablefish 
at-sea processing exemption. The appeal of a denial of an application 
for a sablefish at-sea processing exemption will not be referred to the 
Council for a recommendation, nor will any appeals be accepted by SFD 
after September 1, 2006.
    (iv) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar days of 
receipt of the appeal. The Regional Administrator's decision is the 
final administrative decision of the Department of Commerce as of the 
date of the decision.
    (4) Evidence and burden of proof. A permit and/or vessel owner 
applying for issuance of a sablefish at-sea processing exemption has the 
burden to submit evidence to prove that qualification requirements are 
met. The following evidentiary standards apply:
    (i) A certified copy of the current vessel document (USCG or state) 
is the best evidence of vessel ownership and LOA.
    (ii) A certified copy of a state fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (iii) A copy of a written receipt indicating the name of their 
buyer, the date, and a description of the product form and the amount of 
sablefish landed is the best evidence of the commercial transfer of 
frozen sablefish product.
    (iv) Such other relevant, credible evidence as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (f) Endorsement and exemption restrictions. ``A'' endorsements, gear 
endorsements, sablefish endorsements and sablefish tier assignments may 
not be transferred separately from the limited entry permit. Sablefish 
at-sea processing exemptions are associated with the vessel and not with 
the limited entry permit and may not be transferred at all.

[66 FR 40919, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 67 
FR 65905, Oct. 29, 2002; 69 FR 42351, July 15, 2004; 69 FR 57881, Sept. 
28, 2004; 71 FR 10621, Mar. 2, 2006]



Sec. 660.335  Limited entry permits--renewal, combination, stacking,
change of permit ownership or permit holdership, and transfer.

    (a) Renewal of limited entry permits and gear endorsements--(1) 
Limited entry permits expire at the end of each calendar year, and must 
be renewed between October 1 and November 30 of each year in order to 
remain in force the following year.
    (2) Notification to renew limited entry permits will be issued by 
SFD prior to September 15 each year to the most recent address of the 
permit owner. The permit owner shall provide SFD with notice of any 
address change within 15 days of the change.
    (3) Limited entry permit renewal requests received in SFD between 
November 30 and December 31 will be effective on the date that the 
renewal is approved. A limited entry permit that is allowed to expire 
will not be renewed unless the permit owner requests reissuance by March 
31 of the following year and the SFD determines that failure to renew 
was proximately caused by illness, injury, or death of the permit owner.
    (4) Limited entry permits with sablefish endorsements, as described 
at Sec. 660.334(d), will not be renewed until SFD has received complete 
documentation of permit ownership as required under Sec. 
660.334(d)(4)(iv).
    (b) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement as described in paragraph Sec. 660.334 (c)(2)(iii). With 
respect to permits endorsed for nontrawl limited entry gear, a sablefish 
endorsement will be issued for the new permit only if all of the permits 
being combined have sablefish endorsements. If two or more permits with 
sablefish endorsements are combined, the new permit will receive the 
same tier assignment as the tier with

[[Page 193]]

the largest cumulative landings limit of the permits being combined.
    (c) Stacking limited entry permits. ``Stacking'' limited entry 
permits, as defined at Sec. 660.302, refers to the practice of 
registering more than one permit for use with a single vessel. Only 
limited entry permits with sablefish endorsements may be stacked. Up to 
3 limited entry permits with sablefish endorsements may be registered 
for use with a single vessel during the primary sablefish season 
described at Sec. 660.372. Privileges, responsibilities, and 
restrictions associated with stacking permits to participate in the 
primary sablefish fishery are described at Sec. 660.372 and at Sec. 
660.334(d).
    (d) Changes in permit ownership and permit holder--(1) General. The 
permit owner may convey the limited entry permit to a different person. 
The new permit owner will not be authorized to use the permit until the 
change in permit ownership has been registered with and approved by the 
SFD. The SFD will not approve a change in permit ownership for limited 
entry permits with sablefish endorsements that does not meet the 
ownership requirements for those permits described at Sec. 660.334 
(d)(4). Change in permit owner and/or permit holder applications must be 
submitted to SFD with the appropriate documentation described at Sec. 
660.335(g).
    (2) Effective date. The change in ownership of the permit or change 
in the permit holder will be effective on the day the change is approved 
by SFD, unless there is a concurrent change in the vessel registered to 
the permit. Requirements for changing the vessel registered to the 
permit are described at paragraph (e) of this section.
    (3) Sablefish-endorsed permits. Beginning January 1, 2007, if a 
permit owner submits an application to transfer a sablefish-endorsed 
limited entry permit to a new permit owner or holder (transferee) during 
the primary sablefish season described at Sec. 660.372(b) (generally 
April 1 through October 31), the initial permit owner (transferor) must 
certify on the application form the cumulative quantity, in round 
weight, of primary season sablefish landed against that permit as of the 
application signature date for the then current primary season. The 
transferee must sign the application form acknowledging the amount of 
landings to date given by the transferor. This certified amount should 
match the total amount of primary season sablefish landings reported on 
state fish tickets. As required at Sec. 660.303(c), any person landing 
sablefish must retain on board the vessel from which sablefish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of sablefish landings from the primary season containing 
all data, and in the exact manner, required by the applicable state law 
throughout the primary sablefish season during which a landing occurred 
and for 15 days thereafter.
    (e) Changes in vessel registration-transfer of limited entry permits 
and gear endorsements--(1) General. A permit may not be used with any 
vessel other than the vessel registered to that permit. For purposes of 
this section, a permit transfer occurs when, through SFD, a permit owner 
registers a limited entry permit for use with a new vessel. Permit 
transfer applications must be submitted to SFD with the appropriate 
documentation described at Sec. 660.335(g). Upon receipt of a complete 
application, and following review and approval of the application, the 
SFD will reissue the permit registered to the new vessel. Applications 
to transfer limited entry permits with sablefish endorsements, as 
described at Sec. 660.334(d), will not be approved until SFD has 
received complete documentation of permit ownership as required under 
Sec. 660.334(d)(4)(iv).
    (2) Application. A complete application must be submitted to SFD in 
order for SFD to review and approve a change in vessel registration. At 
a minimum, a permit owner seeking to transfer a limited entry permit 
shall submit to SFD a signed application form and his/her current 
limited entry permit before the first day of the cumulative limit period 
in which they wish to participate. If a permit owner provides a signed 
application and current limited entry permit after the first day of a 
cumulative limit period, the permit will not be effective until the 
succeeding cumulative limit period. SFD will not approve a change in 
vessel registration (transfer) until it

[[Page 194]]

receives a complete application, the existing permit, a current copy of 
the USCG 1270, and other required documentation.
    (3) Effective date. Changes in vessel registration on permits will 
take effect no sooner than the first day of the next major limited entry 
cumulative limit period following the date that SFD receives the signed 
permit transfer form and the original limited entry permit. No transfer 
is effective until the limited entry permit has been reissued as 
registered with the new vessel.
    (4) Sablefish-endorsed permits. Beginning January 1, 2007, if a 
permit owner submits an application to register a sablefish-endorsed 
limited entry permit to a new vessel during the primary sablefish season 
described at Sec. 660.372(b) (generally April 1 through October 31), 
the initial permit owner (transferor) must certify on the application 
form the cumulative quantity, in round weight, of primary season 
sablefish landed against that permit as of the application signature 
date for the then current primary season. The new permit owner or holder 
(transferee) associated with the new vessel must sign the application 
form acknowledging the amount of landings to date given by the 
transferor. This certified amount should match the total amount of 
primary season sablefish landings reported on state fish tickets. As 
required at Sec. 660.303(c)), any person landing sablefish must retain 
on board the vessel from which sablefish is landed, and provide to an 
authorized officer upon request, copies of any and all reports of 
sablefish landings from the primary season containing all data, and in 
the exact manner, required by the applicable state law throughout the 
primary sablefish season during which a landing occurred and for 15 days 
thereafter.
    (f) Restriction on frequency of transfers. Limited entry permits may 
not be registered for use with a different vessel (transfer) more than 
once per calendar year, except in cases of death of a permit holder or 
if the permitted vessel is totally lost as defined in 660.302. The 
exception for death of a permit holder applies for a permit held by a 
partnership or a corporation if the person or persons holding at least 
50 percent of the ownership interest in the entity dies.
    (1) A permit owner may designate the vessel registration for a 
permit as ``unidentified,'' meaning that no vessel has been identified 
as registered for use with that permit. No vessel is authorize to use a 
permit with the vessel registration designated as ``unidentified.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec. 
660.312 unless specifically authorized by that section.
    (2) When a permit owner requests that the permit's vessel 
registration be designated as ``unidentified,'' the transaction is not 
considered a ``transfer'' for purposes of this section. Any subsequent 
request by a permit owner to change from the ``unidentified'' status of 
the permit in order to register the permit with a specific vessel will 
be considered a change in vessel registration (transfer) and subject to 
the restriction on frequency and timing of changes in vessel 
registration (transfer).
    (g) Application and supplemental documentation. Permit holders may 
request a transfer (change in vessel registration) and/or change in 
permit ownership or permit holder by submitting a complete application 
form. In addition, a permit owner applying for renewal, replacement, 
transfer, or change of ownership or change of permit holder of a limited 
entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The owner of a permit endorsed for 
longline or trap (or pot) gear applying for a tier assignment under 
Sec. 660.334 (d) has the burden to submit evidence to prove that 
certain qualification requirements are met. The following evidentiary 
standards apply:
    (1) For a request to change a vessel registration and/or change in 
permit ownership or permit holder, the permit owner must provide SFD 
with a current copy of the USCG Form 1270 for vessels of 5 net tons or 
greater, or a current copy of a state registration form for vessels 
under 5 net tons.
    (2) For a request to change a vessel registration and/or change in 
permit

[[Page 195]]

ownership or permit holder for sablefish-endorsed permits with a tier 
assignment for which a corporation or partnership is listed as permit 
owner and/or holder, an Identification of Ownership Interest Form must 
be completed and included with the application form.
    (3) For a request to change the vessel registration to a permit, the 
permit holder must submit to SFD a current marine survey conducted by a 
certified marine surveyor in accordance with USCG regulations to 
authenticate the length overall of the vessel being newly registered 
with the permit. Marine surveys older than 3 years at the time of the 
request for change in vessel registration will not be considered 
``current'' marine surveys for purposes of this requirement.
    (4) For a request to change a permit's ownership where the current 
permit owner is a corporation, partnership or other business entity, the 
applicant must provide to SFD a corporate resolution that authorizes the 
conveyance of the permit to a new owner and which authorizes the 
individual applicant to request the conveyance on behalf of the 
corporation, partnership, other business entity.
    (5) For a request to change a permit's ownership that is 
necessitated by the death of the permit owner(s), the individual(s) 
requesting conveyance of the permit to a new owner must provide SFD with 
a death certificate of the permit owner(s) and appropriate legal 
documentation that either: specifically transfers the permit to a 
designated individual(s); or, provides legal authority to the transferor 
to convey the permit ownership.
    (6) For a request to change a permit's ownership that is 
necessitated by divorce, the individual requesting the change in permit 
ownership must submit an executed divorce decree that awards the permit 
to a designated individual(s).
    (7) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or Regional Administrator may request or acquire, may 
also be considered.
    (h) Application forms available. Application forms for the change in 
vessel registration (transfer) and change of permit ownership or permit 
holder of limited entry permits are available from the SFD (see part 600 
for address of the Regional Administrator). Contents of the application, 
and required supporting documentation, are specified in the application 
form.
    (i) Records maintenance. The SFD will maintain records of all 
limited entry permits that have been issued, renewed, transferred, 
registered, or replaced.

[66 FR 40921, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 67 
FR 65906, Oct. 29. 2002; 69 FR 11124, Mar. 9, 2004; 69 FR 42351, July 
15, 2004; 71 FR 10623, Mar. 2, 2006; 72 FR 27764, May 17, 2007; 72 FR 
69171, Dec. 7, 2007; 74 FR 10193, Mar. 10, 2009]



Sec. 660.336  Pacific whiting vessel licenses.

    (a) Pacific whiting vessel license--(1) General. After May 11, 2009, 
participation in the non-tribal primary whiting season described in 
Sec. 660.373(b) requires:
    (i) An owner of any vessel that catches Pacific whiting must hold a 
limited entry permit, registered for use with that vessel, with a trawl 
gear endorsement; and, a Pacific whiting vessel license registered for 
use with that vessel and appropriate to the sector or sectors in which 
the vessel intends to participate;
    (ii) An owner of any mothership vessel that processes Pacific 
whiting to hold a Pacific whiting vessel license registered for use with 
that vessel and appropriate to the sector or sectors in which the vessel 
intends to participate.
    (iii) Pacific whiting vessel licenses are separate from limited 
entry permits and do not license a vessel to harvest whiting in the 
primary whiting season unless that vessel is also registered for use 
with a limited entry permit with a trawl gear endorsement.
    (2) Pacific whiting vessel license qualifying criteria--(i) 
Qualifying criteria. Vessel catch and/or processing history will be used 
to determine whether that vessel meets the qualifying criteria for a 
Pacific whiting vessel license and to determine the sectors for which 
that vessel may qualify. Vessel catch and/or processing history includes 
only the catch and/or processed product of that particular vessel, as 
identified in association with the vessel's USCG number.

[[Page 196]]

Only whiting regulated by this subpart that was taken with midwater (or 
pelagic) trawl gear will be considered for the Pacific whiting vessel 
license. Whiting harvested or processed by a vessel that has since been 
totally lost, scrapped, or is rebuilt such that a new U.S.C.G. 
documentation number would be required will not be considered for this 
license. Whiting harvested or processed illegally or landed illegally 
will not be considered for this license. Catch and/or processing history 
associated with a vessel whose permit was purchased by the Federal 
Government through the Pacific Coast groundfish fishing capacity 
reduction program, as identified at 68 FR 62435 (November 4, 2003), does 
not qualify a vessel for a Pacific whiting vessel license and no vessel 
owner may apply for or receive a Pacific whiting vessel license based on 
catch and/or processing history from one of those buyback vessels. The 
following sector-specific license qualification criteria apply:
    (A) For catcher/processor vessels, the qualifying criteria for a 
Pacific whiting vessel license is evidence of having caught and 
processed any amount of whiting during a primary catcher/processor 
season during the period January 1, 1997 through January 1, 2007.
    (B) For mothership at-sea processing vessels, the qualifying 
criteria for a Pacific whiting vessel license is documentation of having 
received and processed any amount of whiting during a primary mothership 
season during the period January 1, 1997 through January 1, 2007.
    (C) For catcher vessels delivering whiting to at-sea mothership 
processing vessels, the qualifying criteria for a Pacific whiting vessel 
license is documentation of having delivered any amount of whiting to a 
mothership processor during a primary mothership season during the 
period January 1, 1997, through January 1, 2007.
    (D) For catcher vessels delivering whiting to Pacific whiting first 
receiver, the qualifying criteria for a Pacific whiting vessel license 
is documentation of having made at least one landing of whiting taken 
with mid-water trawl gear during a primary shore-based season during the 
period January 1, 1994, through January 1, 2007, and where the weight of 
whiting exceeded 50 percent of the total weight of the landing.
    (ii) Documentation and burden of proof. A vessel owner applying for 
a Pacific whiting vessel license has the burden to submit documentation 
that qualification requirements are met. An application that does not 
include documentation of meeting the qualification requirements during 
the qualifying years will be considered incomplete and will not be 
reviewed. The following standards apply:
    (A) A certified copy of the current vessel document (USCG or State) 
is the best documentation of vessel ownership and LOA.
    (B) A certified copy of a State fish receiving ticket is the best 
documentation of a landing at a Pacific whiting shoreside first 
receiver, and of the type of gear used.
    (C) For participants in the at-sea whiting fisheries, documentation 
of participation could include, but is not limited to: a final observer 
report documenting a particular catcher vessel, mothership, or catcher/
processor's participation in the whiting fishery in an applicable year 
and during the applicable primary season, a bill of lading for whiting 
from an applicable year and during the applicable primary season, a 
catcher vessel receipt from a particular mothership known to have 
participated in the whiting fishery during an applicable year, a signed 
copy of a Daily Receipt of Fish and Cumulative Production Logbook 
(mothership sector) or Daily Fishing and Cumulative Production Logbook 
(catcher/processor sector) from an applicable year during the applicable 
primary season.
    (E) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (3) Issuance process for Pacific whiting vessel licenses--(i) SFD 
will mail, to the most recent address provided to the SFD permits 
office, a Pacific whiting vessel license application to all current and 
prior owners of vessels that have been registered for use with limited 
entry permits with trawl endorsements, excluding owners of those vessels 
whose permits were purchased

[[Page 197]]

through the Pacific Coast groundfish fishing capacity reduction program. 
NMFS will also make license applications available online at: http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm. A 
vessel owner who believes that his/her vessel may qualify for the 
Pacific whiting vessel license will have until May 11, 2009, to submit 
an application with documentation showing how his/her vessel has met the 
qualifying criteria described in this section. NMFS will not accept 
applications for Pacific whiting vessel licenses received after May 11, 
2009.
    (ii) After receipt of a complete application, NMFS will notify 
applicants by letter of its determination whether their vessels qualify 
for Pacific whiting vessel licenses and the sector or sectors to which 
the licenses apply. Vessels that have met the qualification criteria 
will be issued the appropriate licenses at that time. After May 11, 
2009, NMFS will publish a list of vessels that qualified for Pacific 
whiting vessel licenses in the Federal Register.
    (iii) If a vessel owner files an appeal from the determination under 
paragraph (a)(3)(ii) of this section the appeal must be filed with the 
Regional Administrator within 30 calendar days of the issuance of the 
letter of determination. The appeal must be in writing and must allege 
facts or circumstances, and include credible documentation demonstrating 
why the vessel qualifies for a Pacific whiting vessel license. The 
appeal of a denial of an application for a Pacific whiting vessel 
license will not be referred to the Council for a recommendation, nor 
will any appeals be accepted by NMFS after June 15, 2009.
    (iv) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar days of 
receipt of the appeal. The Regional Administrator's decision is the 
final administrative decision of the Department of Commerce as of the 
date of the decision.
    (4) Notification to NMFS of changes to Pacific whiting vessel 
license information. The owner of a vessel registered for use with a 
Pacific whiting vessel license must provide a written request to NMFS to 
change the name or names of vessel owners provided on the vessel 
license, or to change the licensed vessel's name. The request must 
detail the names of all new vessel owners as registered with U.S. Coast 
Guard, a business address for the vessel owner, business phone and fax 
number, tax identification number, date of birth, and/or date of 
incorporation for each individual and/or entity, and a copy of the 
vessel documentation (USCG 1270) to show proof of ownership. NMFS will 
reissue a new vessel license with the names of the new vessel owners 
and/or vessel name information. The Pacific whiting vessel license is 
considered void if the name of the vessel or vessel owner is changed 
from that given on the license. In addition, the vessel owner must 
report to NMFS any change in address for the vessel owner within 15 days 
of that change. Although the name of an individual vessel registered for 
use with a Pacific whiting vessel license may be changed, the license 
itself may not be registered to any vessel other than the vessel to 
which it was originally issued, as identified by that vessel's United 
States Coast Guard documentation number.
    (b) [Reserved]

[74 FR 10193, Mar. 10, 2009; 74 FR 11881, Mar. 20, 2009]



Sec. 660.337  Trawl rationalization program - data collection requirements.

    (a) Ownership reporting requirements - (1) In 2010, NMFS will send a 
Trawl Identification of Ownership Interest Form to the current address 
on record requesting information from participants in the trawl fishery. 
Receipt of this form does NOT prequalify these persons for quota share 
nor does it guarantee that they will qualify for quota share under a 
future trawl rationalization program. The following participants in the 
trawl fishery must complete and return the form to NMFS:
    (i) Owners of each limited entry permit endorsed for trawl gear;
    (ii) Owners of each vessel registered to a limited entry permit 
endorsed for trawl gear (i.e., permit holder) if not identical to the 
permit owner covered by paragraph (a)(1)(i) of this section;

[[Page 198]]

    (iii) Owners of each vessel registered to a Pacific whiting vessel 
license that are not covered by paragraphs (a)(1)(i) and (ii) above; and
    (iv) First receivers issued current Pacific whiting first receiver 
exempted fishing permits.
    (2) Supporting documentation.
    (i) Business entities completing the Trawl Identification of 
Ownership Interest Form are required to submit the following:
    (A) A corporate resolution or any other credible documentation as 
proof that the representative of the entity is authoirzed to act on 
behalf of the entity; and
    (B) Proof that the business entity was established and is currently 
recognized as active under the laws of the United States or any state.
    (ii) After review of the Trawl Identification of Ownership Interest 
Form, NMFS may require the following additional documentation:
    (A) Articles of incorporation, a notarized contract, or any other 
credible documentation that identifies each person who owns an interest 
in the entity and their percentage of ownership;
    (B) A certified copy of the current vessel document (United States 
Coast Guard or state) as evidence of vessel ownership; or
    (C) Such other relevant, credible information as the applicant may 
submit, or as the SFD or the Regional Administrator may request or 
require.
    (3) Deadline. Persons listed in paragraph (a)(1) will be provided at 
least 60 calendar days to submit completed forms. All forms must be 
completed and returned to NMFS with a postmark no later than the 
deadline date of May 1, 2010.
    (b) [Reserved]

[75 FR 4689, Jan. 29, 2010]



Sec. 660.338  Limited entry permits-small fleet.

    (a) Small limited entry fisheries fleets that are controlled by a 
local government, are in existence as of July 11, 1991, and have 
negligible impacts on the groundfish resource, may be certified as 
consistent with the goals and objectives of the limited entry program 
and incorporated into the limited entry fishery. Permits issued under 
this subsection will be issued in accordance with the standards and 
procedures set out in the PCGFMP and will carry the rights explained 
therein.
    (b) A permit issued under this section may be registered only to 
another vessel that will continue to operate in the same certified small 
fleet, provided that the total number of vessels in the fleet does not 
increase. A vessel may not use a small fleet limited entry permit for 
participation in the limited entry fishery outside of authorized 
activities of the small fleet for which that permit and vessel have been 
designated.

[66 FR 40922, Aug. 6, 2001]



Sec. 660.339  Limited entry permit and Pacific whiting vessel license fees.

    (a) The Regional Administrator will charge fees to cover 
administrative expenses related to issuance of limited entry permits 
including initial issuance, renewal, transfer, vessel registration, 
replacement, and appeals. The appropriate fee must accompany each 
application.
    (b) The Regional Administrator will charge a one-time fee for the 
issuance of the original Pacific whiting vessel license.

[74 FR 10194, Mar. 10, 2009]



Sec. 660.340  Limited entry permit appeals.

    (a) Decisions on appeals of initial decisions regarding issuance, 
renewal, change in vessel registration, change in permit owner or permit 
holder, and endorsement upgrade, will be made by the Regional 
Administrator.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the SFD denying 
issuance, renewal, change in vessel registration, change in permit owner 
or permit holder, or endorsement upgrade, on the terms requested by the 
applicant, an appeal may be filed with the Regional Administrator.
    (d) The appeal must be in writing, and must allege facts or 
circumstances to show why the criteria in this subpart have been met, or 
why an exception should be granted.

[[Page 199]]

    (e) At the appellant's discretion, the appeal may be accompanied by 
a request that the Regional Administrator seek a recommendation from the 
Council as to whether the appeal should be granted. Such a request must 
contain the appellant's acknowledgment that the confidentiality 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1853 (d) and part 
600 of this chapter are waived with respect to any information supplied 
by Regional Administrator to the Council and its advisory bodies for 
purposes of receiving the Council's recommendation on the appeal. In 
responding to a request for a recommendation on appeal, the Council will 
apply the provisions of the PCGFMP in making its recommendation as to 
whether the appeal should be granted.
    (f) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 45 days of receipt of 
the appeal, or, if a recommendation from the Council is requested, 
within 45 days of receiving the Council's recommendation. The Regional 
Administrator's decision is the final administrative decision of the 
Department as of the date of the decision.

[66 FR 40922, Aug. 6, 2001]



Sec. 660.341  Limited entry permit sanctions.

    Limited entry permits issued or applied for under this subpart are 
subject to sanctions pursuant to the Magnuson Act at 16 U.S.C. 1858(g) 
and 15 CFR part 904, subpart D.



Sec. 660.350  Compensation with fish for collecting resource information
--exempted fishing permits off Washington, Oregon, and California.

    In addition to the reasons stated in Sec. 600.745(b)(1) of this 
chapter, an EFP may be issued under this subpart G for the purpose of 
compensating the owner or operator of a vessel for collecting resource 
information according to a protocol approved by NMFS. NMFS may issue an 
EFP allowing a vessel to retain fish as compensation in excess of trip 
limits or to be exempt from other specified management measures for the 
Pacific coast groundfish fishery.
    (a) Compensation EFP for vessels under contract with NMFS to conduct 
a resource survey. NMFS may issue an EFP to the owner or operator of a 
vessel that conducted a resource survey according to a contract with 
NMFS. A vessel's total compensation from all sources (in terms of 
dollars or amount of fish, including fish from survey samples or 
compensation fish) will be determined through normal Federal procurement 
procedures. The compensation EFP will specify the maximum amount or 
value of fish the vessel may take and retain after the resource survey 
is completed.
    (1) Competitive offers. NMFS may initiate a competitive solicitation 
(request for proposals or RFP) to select vessels to conduct resource 
surveys that use fish as full or partial compensation, following normal 
Federal procurement procedures.
    (2) Consultation and approval. At a Council meeting, NMFS will 
consult with the Council and receive public comment on upcoming resource 
surveys to be conducted if groundfish could be used as whole or partial 
compensation. Generally, compensation fish would be similar to surveyed 
species, but there may be reasons to provide payment with healthier, 
more abundant, less restricted stocks, or more easily targeted species. 
For example, NMFS may decline to pay a vessel with species that are, or 
are expected to be, overfished, or that are subject to overfishing, or 
that are unavoidably caught with species that are overfished or subject 
to overfishing. NMFS may also consider levels of discards, bycatch, and 
other factors. If the Council does not approve providing whole or 
partial compensation for the conduct of a survey, NMFS will not use 
fish, other than fish taken during the scientific research, as 
compensation for that survey. For each proposal, NMFS will present:
    (i) The maximum number of vessels expected or needed to conduct the 
survey,
    (ii) An estimate of the species and amount of fish likely to be 
needed as compensation,
    (iii) When the survey and compensation fish would be taken, and

[[Page 200]]

    (iv) The year in which the compensation fish would be deducted from 
the ABC before determining the optimum yield (harvest guideline or 
quota).
    (3) Issuance of the compensation EFP. Upon successful completion of 
the survey, NMFS will issue a ``compensation EFP'' to the vessel if it 
has not been fully compensated. The procedures in Sec. 600.745(b)(1) 
through (b)(4) of this chapter do not apply to a compensation EFP issued 
under this subpart for the Pacific coast groundfish fishery (50 CFR part 
660, subpart G).
    (4) Terms and conditions of the compensation EFP. Conditions for 
disposition of bycatch or any excess catch, for reporting the value of 
the amount landed, and other appropriate terms and conditions may be 
specified in the EFP. Compensation fishing must occur during the period 
specified in the EFP, but no later than the end of September of the 
fishing year following the survey, and must be conducted according to 
the terms and conditions of the EFP.
    (5) Reporting the compensation catch. The compensation EFP may 
require the vessel owner or operator to keep separate records of 
compensation fishing and to submit them to NMFS within a specified 
period of time after the compensation fishing is completed.
    (6) Accounting for the compensation catch. As part of the harvest 
specifications process (Sec. 660.370), NMFS will advise the Council of 
the amount of fish authorized to be retained under a compensation EFP, 
which then will be deducted from the next harvest specifications (ABCs) 
set by the Council. Fish authorized in an EFP too late in the year to be 
deducted from the following year's ABCs will be accounted for in the 
next management cycle where it is practicable to do so.
    (b) Compensation for commercial vessels collecting resource 
information under a standard EFP. NMFS may issue an EFP to allow a 
commercial fishing vessel to take and retain fish in excess of current 
management limits for the purpose of collecting resource information 
(Sec. 600.745(b) of this chapter). The EFP may include a compensation 
clause that allows the participating vessel to be compensated with fish 
for its efforts to collect resource information according to NMFS' 
approved protocol. If compensation with fish is requested in an EFP 
application, or proposed by NMFS, the following provisions apply in 
addition to those at Sec. 600.745(b) of this chapter.
    (1) Application. In addition to the requirements in Sec. 600.745(b) 
of this chapter, application for an EFP with a compensation clause must 
clearly state whether a vessel's participation is contingent upon 
compensation with groundfish and, if so, the minimum amount (in metric 
tons, round weight) and the species. As with other EFPs issued under 
Sec. 600.745 of this chapter, the application may be submitted by any 
individual, including a state fishery management agency or other 
research institution.
    (2) Denial. In addition to the reasons stated in Sec. 
600.745(b)(3)(iii) of this chapter, the application will be denied if 
the requested compensation fishery, species, or amount is unacceptable 
for reasons such as, but not limited to, the following: NMFS concludes 
the value of the resource information is not commensurate with the value 
of the compensation fish; the proposed compensation involves species 
that are (or are expected to be) overfished or subject to overfishing, 
fishing in times or areas where fishing is otherwise prohibited or 
severely restricted, or fishing for species that would involve 
unavoidable bycatch of species that are overfished or subject to 
overfishing; or NMFS concludes the information can reasonably be 
obtained at a less cost to the resource.
    (3) Window period for other applications. If the Regional 
Administrator or designee agrees that compensation should be considered, 
and that more than a minor amount would be used as compensation, then a 
window period will be announced in the Federal Register during which 
additional participants will have an opportunity to apply. This 
notification would be made at the same time as announcement of receipt 
of the application and request for comments required under Sec. 
660.745(b). If there are more qualified applicants than needed for a 
particular time and area, NMFS will choose

[[Page 201]]

among the qualified vessels, either randomly, in order of receipt of the 
completed application, or by other impartial selection methods. If the 
permit applicant is a state, university, or Federal entity other than 
NMFS, and NMFS approves the selection method, the permit applicant may 
choose among the qualified vessels, either randomly, in order of receipt 
of the vessel application, or by other impartial selection methods.
    (4) Terms and conditions. The EFP will specify the amounts that may 
be taken as scientific samples and as compensation, the time period 
during which the compensation fishing must occur, management measures 
that NMFS will waive for a vessel fishing under the EFP, and other terms 
and conditions appropriate to the fishery and the collection of resource 
information. NMFS may require compensation fishing to occur on the same 
trip that the resource information is collected.
    (5) Accounting for the catch. Samples taken under this EFP, as well 
as any compensation fish, count toward the current year's catch or 
landings.

[64 FR 49101, Sept. 10, 1999, as amended at 67 FR 65906, Oct. 29, 2002; 
68 FR 52523, Sept. 4, 2003; 69 FR 42351, July 15, 2004]



Sec. 660.365  Overfished species rebuilding plans.

    For each overfished groundfish stock with an approved rebuilding 
plan, this section contains the standards to be used to establish annual 
or biennial OYs, specifically the target date for rebuilding the stock 
to its MSY level and the harvest control rule to be used to rebuild the 
stock.The harvest control rule is expressed as a ``Spawning Potential 
Ratio'' or ``SPR'' harvest rate.
    (a) Bocaccio. The target year for rebuilding the southern bocaccio 
stock to BMSY is 2026. The harvest control rule to be used to 
rebuild the southern bocaccio stock is an annual SPR harvest rate of 
77.7 percent.
    (b) Canary rockfish. The target year for rebuilding the canary 
rockfish stock to BMSY is 2021. The harvest control rule to be used to 
rebuild the canary rockfish stock is an annual SPR harvest rate of 88.7 
percent.
    (c) Cowcod. The target year for rebuilding the cowcod stock south of 
Point Conception to BMSY is 2072. The harvest control rule to be used to 
rebuild the cowcod stock is an annual SPR harvest rate of 82.1 percent.
    (d) Darkblotched rockfish. The target year for rebuilding the 
darkblotched rockfish stock to BMSY is 2028. The harvest control rule to 
be used to rebuild the darkblotched rockfish stock is an annual SPR 
harvest rate of 62.1 percent.
    (e) Pacific ocean perch (POP). The target year for rebuilding the 
POP stock to BMSY is 2017. The harvest control rule to be 
used to rebuild the POP stock is an annual SPR harvest rate of 86.4 
percent.
    (f) Widow rockfish. The target year for rebuilding the widow 
rockfish stock to BMSY is 2015. The harvest control rule to 
be used to rebuild the widow rockfish stock is an annual SPR harvest 
rate of 95.0 percent.
    (g) Yelloweye rockfish. The target year for rebuilding the yelloweye 
rockfish stock to BMSY is 2084. The harvest control rule to be used to 
rebuild the yelloweye rockfish stock is an annual SPR harvest rate of 
66.3 percent in 2009 and in 2010. Yelloweye rockfish is subject to a 
ramp-down strategy where the harvest level has been reduced annually 
from 2007 through 2009. Yelloweye rockfish will remain at the 2009 level 
in 2010. Beginning in 2011, yelloweye rockfish will be subject to a 
constant harvest rate strategy with a constant SPR harvest rate of 71.9 
percent.

[71 FR 78655, Dec. 29, 2006, as amended at 74 FR 9887, Mar. 6, 2009]



Sec. 660.370  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures biennially or annually and during the fishing year. 
Management of the Pacific Coast groundfish fishery will be conducted 
consistent with the standards and procedures in the PCGFMP and other 
applicable law. The PCGFMP is available from the Regional Administrator 
or the Council. Regulations under this subpart may be promulgated, 
removed, or revised during the fishing year. Any such action will be 
made according to the framework standards and procedures in the PCGFMP 
and other applicable law, and

[[Page 202]]

will be published in the Federal Register.
    (b) Biennial actions. The Pacific Coast Groundfish fishery is 
managed on a biennial, calendar year basis. Harvest specifications and 
management measures will be announced biennially, with the harvest 
specifications for each species or species group set for two sequential 
calendar years. In general, management measures are designed to achieve, 
but not exceed, the specifications, particularly optimum yields (harvest 
guidelines and quotas), commercial harvest guidelines and quotas, 
limited entry and open access allocations, or other approved fishery 
allocations, and to protect overfished and depleted stocks. Management 
measures will be designed to take into account the co-occurrence ratios 
of target species with overfished species, and will select measures that 
will minimize bycatch to the extent practicable.
    (c) Routine management measures. In addition to the catch 
restrictions in Sec. Sec. 660.371 through 660.373, other catch 
restrictions that are likely to be adjusted on a biennial or more 
frequent basis may be imposed and announced by a single notification in 
the Federal Register if good cause exists under the APA to waive notice 
and comment, and if they have been designated as routine through the 
two-meeting process described in the PCGFMP. Routine management measures 
that may be revised during the fishing year via this process are 
implemented in paragraph (h) of this section and in Sec. Sec. 660.371 
through 660.373, Sec. Sec. 660.381 through 660.385 and Tables 3-5 of 
this subpart. Most trip, bag, and size limits, and area closures in the 
groundfish fishery have been designated ``routine,'' which means they 
may be changed rapidly after a single Council meeting. Council meetings 
are held in the months of March, April, June, September, and November. 
Inseason changes to routine management measures are announced in the 
Federal Register pursuant to the requirements of the Administrative 
Procedure Act (APA). Changes to trip limits are effective at the times 
stated in the Federal Register. Once a change is effective, it is 
illegal to take and retain, possess, or land more fish than allowed 
under the new trip limit. This means that, unless otherwise announced in 
the Federal Register, offloading must begin before the time a fishery 
closes or a more restrictive trip limit takes effect. The following 
catch restrictions have been designated as routine:
    (1) Commercial limited entry and open access fisheries--(i) Trip 
landing and frequency limits, size limits, all gear. Trip landing and 
frequency limits have been designated as routine for the following 
species or species groups: widow rockfish, canary rockfish, yellowtail 
rockfish, Pacific ocean perch, yelloweye rockfish, black rockfish, blue 
rockfish, splitnose rockfish, chilipepper rockfish, bocaccio, cowcod, 
minor nearshore rockfish or shallow and deeper minor nearshore rockfish, 
shelf or minor shelf rockfish, and minor slope rockfish; DTS complex 
which is composed of Dover sole, sablefish, shortspine thornyheads, and 
longspine thornyheads; petrale sole, rex sole, arrowtooth flounder, 
Pacific sanddabs, and the flatfish complex, which is composed of those 
species plus any other flatfish species listed at Sec. 660.302; Pacific 
whiting; lingcod; Pacific cod; spiny dogfish; and ``other fish'' as a 
complex consisting of all groundfish species listed at Sec. 660.302 and 
not otherwise listed as a distinct species or species group. Size limits 
have been designated as routine for sablefish and lingcod. Trip landing 
and frequency limits and size limits for species with those limits 
designated as routine may be imposed or adjusted on a biennial or more 
frequent basis for the purpose of keeping landings within the harvest 
levels announced by NMFS, and for the other purposes given in paragraphs 
(c)(1)(i)(A) and (B) of this section.
    (A) Trip landing and frequency limits. To extend the fishing season; 
to minimize disruption of traditional fishing and marketing patterns; to 
reduce discards; to discourage target fishing while allowing small 
incidental catches to be landed; to protect overfished species; to allow 
small fisheries to operate outside the normal season; and, for the open 
access fishery only, to maintain landings at the historical proportions 
during the 1984-88 window period.
    (B) Size limits. To protect juvenile fish; to extend the fishing 
season.

[[Page 203]]

    (ii) Differential trip landing limits and frequency limits based on 
gear type, closed seasons, and bycatch limits. Trip landing and 
frequency limits that differ by gear type and closed seasons may be 
imposed or adjusted on a biennial or more frequent basis for the purpose 
of rebuilding and protecting overfished or depleted stocks. To achieve 
the rebuilding of an overfished or depleted stock, bycatch limits may be 
established and adjusted to be used to close the primary season for any 
sector of the Pacific whiting fishery described at Sec. 660.373(b), 
before the sector's Pacific whiting allocation is achieved if the 
applicable bycatch limit is reached. Bycatch limit amounts are specified 
at Sec. 660.373(b)(4).
    (iii) Type of limited entry trawl gear on board.Limits on the type 
of limited entry trawl gear on board a vessel may be imposed on a 
biennial or more frequent basis.Requirements and restrictions on limited 
entry trawl gear type are found at Sec. 660.381.
    (2) Recreational fisheries all gear types. Routine management 
measures for all groundfish species, separately or in any combination, 
include bag limits, size limits, time/area closures, boat limits, hook 
limits, and dressing requirements. All routine management measures on 
recreational fisheries are intended to keep landings within the harvest 
levels announced by NMFS, to rebuild and protect overfished or depleted 
species, and to maintain consistency with State regulations, and for the 
other purposes set forth in this section.
    (i) Bag limits. To spread the available catch over a large number of 
anglers; to protect and rebuild overfished species; to avoid waste.
    (ii) Size limits. To protect juvenile fish; to protect and rebuild 
overfished species; to enhance the quality of the recreational fishing 
experience.
    (iii) Season duration restrictions. To spread the available catch 
over a large number of anglers; to protect and rebuild overfished 
species; to avoid waste; to enhance the quality of the recreational 
fishing experience.
    (3) All fisheries, all gear types, depth-based management measures. 
Depth-based management measures, particularly the setting of closed 
areas known as Groundfish Conservation Areas, may be implemented in any 
fishery that takes groundfish directly or incidentally. Depth-based 
management measures are set using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints found at 
Sec. 660.390-.394. Depth-based management measures and the setting of 
closed areas may be used: to protect and rebuild overfished stocks, to 
prevent the overfishing of any groundfish species by minimizing the 
direct or incidental catch of that species, to minimize the incidental 
harvest of any protected or prohibited species taken in the groundfish 
fishery, to extend the fishing season; for the commercial fisheries, to 
minimize disruption of traditional fishing and marketing patterns; for 
the recreational fisheries, to spread the available catch over a large 
number of anglers; to discourage target fishing while allowing small 
incidental catches to be landed; and to allow small fisheries to operate 
outside the normal season.
    (d) Automatic actions. Automatic management actions may be initiated 
by the NMFS Regional Administrator without prior public notice, 
opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used in the Pacific whiting fishery to:
    (i) Close sectors of the fishery or to reinstate trip limits in the 
shore-based fishery when a whiting harvest guideline, commercial harvest 
guideline, or a sector's allocation is reached, or is projected to be 
reached;
    (ii) Close all sectors or a single sector of the fishery when a 
bycatch limit is reached or projected to be reached;
    (iii) Reapportion unused Pacific whiting allocation to other sectors 
of the fishery;
    (iv) Reapportion unused bycatch limit species to other sectors of 
the Pacific whiting fishery.
    (v) Implement the Ocean Salmon Conservation Zone, described at

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Sec. 660.373(c)(3), when NMFS projects the Pacific whiting fishery may 
take in excess of 11,000 Chinook within a calendar year,
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described at 
Sec. 660.373(c)(3), when NMFS projects a sector-specific bycatch limit 
will be reached before the sector's whiting allocation.
    (2) [Reserved]
    (e) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or the fishery closed 
are prohibited species. In addition, the following are prohibited 
species:
    (1) Any species of salmonid.
    (2) Pacific halibut.
    (3) Dungeness crab caught seaward of Washington or Oregon.
    (f) Exempted fisheries. U.S. vessels operating under an exempted 
fishing permit (EFP) issued under 50 CFR part 600 are also subject to 
restrictions in Sec. Sec. 660.301 through 660.394, unless otherwise 
provided in the permit. EFPs may include the collecting of scientific 
samples of groundfish species that would otherwise be prohibited for 
retention.
    (g) Applicability. Groundfish species harvested in the territorial 
sea (0-3 nm) will be counted toward the catch limitations in Sec. Sec. 
660.370 through 660.385 and in Tables 1-5 of this subpart.
    (h) Fishery restrictions--(1) Commercial trip limits and 
recreational bag and boat limits. Commercial trip limits and 
recreational bag and boat limits defined in Sec. 660.302 and set in 
Sec. Sec. 660.371 through 660.373, Sec. Sec. 660.381 through 660.385 
and Tables 3-5 of this subpart must not be exceeded.
    (2) Landing. As stated at 50 CFR 660.302 (in the definition of 
``Landing''), once the offloading of any species begins, all fish aboard 
the vessel are counted as part of the landing and must be reported as 
such. Transfer of fish at sea is prohibited under Sec. 660.306(a)(12) 
unless a vessel is participating in the primary whiting fishery as part 
of the mothership or catcher-processor sectors, as described at Sec. 
660.373(a).
    (3) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next legal period, so long as no fish (including, but not 
limited to, groundfish with no trip limits, shrimp, prawns, or other 
nongroundfish species or shellfish) are landed (offloaded) until the 
next legal period. Fishing ahead is not allowed during or before a 
closed period.
    (4) Weights and percentages. All weights are round weights or round-
weight equivalents unless otherwise specified. Percentages are based on 
round weights, and, unless otherwise specified, apply only to legal fish 
on board.
    (5) Size limits, length measurement, and weight limits--(i) Size 
limits and length measurement. Unless otherwise specified, size limits 
in the commercial and recreational groundfish fisheries apply to the 
``total length,'' which is the longest measurement of the fish without 
mutilation of the fish or the use of force to extend the length of the 
fish. No fish with a size limit may be retained if it is in such 
condition that its length has been extended or cannot be determined by 
these methods. For conversions not listed here, contact the state where 
the fish will be landed.Washington state regulations require all fish 
with a size limit landed into Washington to be landed with the head on.
    (A) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.
    (B) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsal surface of the body closest to the 
head) to the tip of the upper lobe of the tail; the dorsal fin and tail 
must be left intact.
    (C) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see Sec. 660.384). A filet is measured along 
the length of the longest part of the filet in a relaxed position; 
stretching or otherwise manipulating the filet to increase its length is 
not permitted.

[[Page 205]]

    (ii) Weight limits and conversions. The weight limit conversion 
factor established by the state where the fish is or will be landed will 
be used to convert the processed weight to round weight for purposes of 
applying the trip limit. Weight conversions provided herein are those 
conversions currently in use by the States of Washington, Oregon and 
California and may be subject to change by those states. Fishery 
participants should contact fishery enforcement officials in the state 
where the fish will be landed to determine that state's official 
conversion factor. To determine the round weight, multiply the processed 
weight times the conversion factor.
    (iii) Sablefish. The following conversion applies to both the 
limited entry and open access fisheries when trip limits are in effect 
for those fisheries. For headed and gutted (eviscerated) sablefish the 
weight conversion factor is 1.6 (multiply the headed and gutted weight 
by 1.6 to determine the round weight).
    (iv) Lingcod. The following conversions apply in both limited entry 
and open access fisheries.
    (A) North of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 18 inches (46 cm), which corresponds to 22 inches 
(56 cm) total length for whole fish.
    (B) South of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 19.5 inches (49.5 cm), which corresponds to 24 
inches (61 cm) total length for whole fish.
    (C) The weight conversion factor for headed and gutted lingcod is 
1.5. The conversion factor for lingcod that has only been gutted with 
the head on is 1.1.
    (6) Sorting. Under Sec. 660.306(a)(7), it is unlawful for any 
person to ``fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, size limit, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.'' The States of Washington, 
Oregon, and California may also require that vessels record their 
landings as sorted on their state fish tickets. This provision applies 
to both the limited entry and open access fisheries. The following 
species must be sorted:
    (i) For vessels with a limited entry permit:
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (B) North of 40[deg]10[min] N. lat.--POP, yellowtail rockfish;
    (C) South of 40[deg]10[min] N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, California scorpionfish, 
chilipepper rockfish, bocaccio rockfish, splitnose rockfish, Pacific 
sanddabs, cowcod, bronzespotted rockfish and cabezon.
    (ii) For open access vessels (vessels without a limited entry 
permit):
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (B) North of 40[deg]10[min] N. lat.--POP, yellowtail rockfish;
    (C) South of 40[deg]10[min] N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, chilipepper rockfish, 
bocaccio rockfish, splitnose rockfish, cowcod, bronzespotted rockfish 
and cabezon.
    (iii) Sorting requirements for the Pacific whiting shoreside 
fishery. Fish delivered to Pacific whiting shoreside first receivers 
(including shoreside processing facilities and buying stations that 
intend to transport catch for processing elsewhere) must be sorted, 
prior to first weighing after offloading from the

[[Page 206]]

vessel and prior to transport away from the point of landing, to the 
species groups specified in paragraph (h)(6)(i)(A) of this section for 
vessels with limited entry permits. Prohibited species must be sorted 
according to the following species groups: Dungeness crab, Pacific 
halibut, Chinook salmon, Other salmon. Non-groundfish species must be 
sorted as required by the state of landing.
    (7) Operating in both limited entry and open access fisheries. Open 
access trip limits apply to any fishing conducted with open access gear, 
even if the vessel has a valid limited entry permit with an endorsement 
for another type of gear. A vessel that operates in both the open access 
and limited entry fisheries is not entitled to two separate trip limits 
for the same species. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is smaller than the limited 
entry limit, the open access limit may not be exceeded and counts toward 
the limited entry limit. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is larger than the limited 
entry limit, the smaller limited entry limit applies, even if taken 
entirely with open access gear.
    (8) ``Crossover provisions,'' operating in north-south management 
areas with different trip limits. NMFS uses different types of 
management areas for West Coast groundfish management. One type of 
management area is the north-south management area, a large ocean area 
with northern and southern boundary lines wherein trip limits, seasons, 
and conservation areas follow a single theme. Within each north-south 
management area, there may be one or more conservation areas, detailed 
in Sec. Sec. 660.302 and 660.390 through 660.394. The provisions within 
this paragraph apply to vessels operating in different north-south 
management areas. Trip limits for a species or a species group may 
differ in different north-south management areas along the coast. The 
following ``crossover'' provisions apply to vessels operating in 
different geographical areas that have different cumulative or ``per 
trip'' trip limits for the same species or species group. Such crossover 
provisions do not apply to species that are subject only to daily trip 
limits, or to the trip limits for black rockfish off Washington (see 
Sec. 660.371).
    (i) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (ii) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit applies, no matter where the fish are taken and retained, 
possessed, or landed.
    (iii) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (iv) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10[min] N. lat. 
management line, and are included as part of a minor rockfish complex on 
the other side of the line. A vessel that takes and retains fish from a 
minor rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit

[[Page 207]]

period is subject to the more restrictive cumulative limit for that 
minor rockfish complex during that period.
    (A) If a vessel takes and retains minor slope rockfish north of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land splitnose rockfish up to its cumulative limit 
south of 40[deg]10[min] N. lat., even if splitnose rockfish were a part 
of the landings from minor slope rockfish taken and retained north of 
40[deg]10[min] N. lat.
    (B) If a vessel takes and retains minor slope rockfish south of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land POP up to its cumulative limit north of 
40[deg]10[min] N. lat., even if POP were a part of the landings from 
minor slope rockfish taken and retained south of 40[deg]10[min] N. lat.
    (C) If a trawl vessel takes and retains minor shelf rockfish south 
of 40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess, or land yellowtail rockfish up to its cumulative limits 
north of 40[deg]10[min] N. lat., even if yellowtail rockfish is part of 
the landings from minor shelf rockfish taken and retained south of 
40[deg]10[min] N. lat. Yellowtail rockfish is included in overall shelf 
rockfish limits for limited entry fixed gear and open access gear 
groups. Widow rockfish is included in overall shelf rockfish limits for 
all gear groups.
    (D) If a trawl vessel takes and retains minor shelf rockfish north 
of 40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess, or land chilipepper rockfish up to its cumulative 
limits south of 40[deg]10[min] N. lat., even if chilipepper rockfish is 
part of the landings from minor shelf rockfish taken and retained north 
of 40[deg]10[min] N. lat.
    (v) ``DTS complex.'' There are often differential trawl trip limits 
for the ``DTS complex'' north and south of latitudinal management lines. 
Vessels operating in the limited entry trawl fishery are subject to the 
crossover provisions in this paragraph when making landings that include 
any one of the four species in the ``DTS complex.''
    (vi) Flatfish complex. There are often differential trip limits for 
the flatfish complex (butter, curlfin, English, flathead, petrale, rex, 
rock, and sand soles, Pacific sanddab, and starry flounder) north and 
south of latitudinal management lines. Vessels operating in the limited 
entry trawl fishery are subject to the crossover provisions in this 
paragraph when making landings that include any one of the species in 
the flatfish complex.

[69 FR 42351, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 8496, Feb. 17, 2006; 71 FR 15046, Mar. 27, 2006; 71 FR 66140, Nov. 
13, 2006; 71 FR 78655, Dec. 29, 2006; 72 FR 13044, Mar. 20, 2007; 72 FR 
50911, Sept. 5, 2007; 74 FR 9887, Mar. 6, 2009]



Sec. 660.371  Black rockfish fishery management.

    The trip limit for black rockfish (Sebastes melanops) for commercial 
fishing vessels using hook-and-line gear between the U.S.-Canada border 
and Cape Alava (48[deg]09.50[min] N. lat.), and between Destruction 
Island (47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] 
N. lat.), is 100 lbs (45 kg) or 30 percent, by weight of all fish on 
board, whichever is greater, per vessel per fishing trip. These per trip 
limits apply to limited entry and open access fisheries, in conjunction 
with the cumulative trip limits and other management measures in 
Sec. Sec. 660.382 and 660.383. The crossover provisions in Sec. 
660.370(h)(8) do not apply to the black rockfish per-trip limits.

[69 FR 77032, Dec. 23, 2004]



Sec. 660.372  Fixed gear sablefish fishery management.

    This section applies to the primary season for the fixed gear 
limited entry sablefish fishery north of 36[deg] N. lat., except for 
paragraph (c), of this section, which also applies to the open access 
fishery north of 36[deg] N. lat. and to both the limited entry and open 
access fisheries south of 36[deg] N. lat. Limited entry and open access 
fixed gear sablefish fishing outside of the primary sablefish season 
north of 36[deg] N. lat. is governed by routine management measures 
imposed under Sec. 660.370.
    (a) Sablefish endorsement. A vessel may not participate in the 
primary season for the fixed gear limited entry fishery, unless at least 
one limited entry permit with both a gear endorsement for longline or 
trap (or pot) gear

[[Page 208]]

and a sablefish endorsement is registered for use with that vessel. 
Permits with sablefish endorsements are assigned to one of three tiers, 
as described at Sec. 660.334(d).
    (b) Primary season limited entry, fixed gear sablefish fishery--(1) 
Season dates. North of 36[deg] N. lat., the primary sablefish season for 
the limited entry, fixed gear, sablefish-endorsed vessels begins at 12 
noon l.t. on April 1 and ends at 12 noon l.t. on October 31, or for an 
individual permit holder when that permit holder's tier limit has been 
reached, whichever is earlier, unless otherwise announced by the 
Regional Administrator through the routine management measures process 
described at Sec. 660.370(c).
    (2) Gear type. During the primary season and when fishing against 
primary season cumulative limits, each vessel authorized to participate 
in that season under paragraph (a) of this section may fish for 
sablefish with any of the gear types, except trawl gear, endorsed on at 
least one of the permits registered for use with that vessel.
    (3) Cumulative limits. (i) A vessel participating in the primary 
season will be constrained by the sablefish cumulative limit associated 
with each of the permits registered for use with that vessel. During the 
primary season, each vessel authorized to participate in that season 
under paragraph (a) of this section may take, retain, possess, and land 
sablefish, up to the cumulative limits for each of the permits 
registered for use with that vessel. If multiple limited entry permits 
with sablefish endorsements are registered for use with a single vessel, 
that vessel may land up to the total of all cumulative limits announced 
in this paragraph for the tiers for those permits, except as limited by 
paragraph (b)(3)(ii) of this section. Up to 3 permits may be registered 
for use with a single vessel during the primary season; thus, a single 
vessel may not take and retain, possess or land more than 3 primary 
season sablefish cumulative limits in any one year. A vessel registered 
for use with multiple limited entry permits is subject to per vessel 
limits for species other than sablefish, and to per vessel limits when 
participating in the daily trip limit fishery for sablefish under 
paragraph (c) of this section. In 2009, the following annual limits are 
in effect: Tier 1 at 61,296 lb (27,803 kg), Tier 2 at 27,862 lb (12,638 
kg), and Tier 3 at 15,921 lb (7,221 kg). For 2010 and beyond, the 
following annual limits are in effect: Tier 1 at 56,081 lb (25,437 kg), 
Tier 2 at 25,492 lb (11,562 kg), and Tier 3 at 14,567 lb (6,648 kg).
    (ii) If a permit is registered to more than one vessel during the 
primary season in a single year, the second vessel may only take the 
portion of the cumulative limit for that permit that has not been 
harvested by the first vessel to which the permit was registered. The 
combined primary season sablefish landings for all vessels registered to 
that permit may not exceed the cumulative limit for the tier associated 
with that permit.
    (iii) A cumulative trip limit is the maximum amount of sablefish 
that may be taken and retained, possessed, or landed per vessel in a 
specified period of time, with no limit on the number of landings or 
trips.
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30[min] N. lat.). No halibut retention is allowed during the 
primary sablefish fishery in 2010.
    (4) Owner-on-board Requirement. Beginning January 1, 2007, any 
person who owns or has ownership interest in a limited entry permit with 
a sablefish endorsement, as described at Sec. 660.334(d), must be on 
board the vessel registered for use with that permit at any time that 
the vessel has sablefish on board the vessel that count toward that 
permit's cumulative sablefish landing limit. This person must carry 
government issued photo identification while aboard the vessel. A permit 
owner is not obligated to be on board the vessel registered for use with 
the sablefish-endorsed limited entry permit during the primary sablefish 
season if:
    (i) The person, partnership or corporation had ownership interest in 
a limited entry permit with a sablefish endorsement prior to November 1, 
2000. A person who has ownership interest in a partnership or 
corporation that owned a sablefish-endorsed permit as of November 1, 
2000, but who did not individually own a sablefish-endorsed limited 
entry permit as of November 1,

[[Page 209]]

2000, is not exempt from the owner-on-board requirement when he/she 
leaves the partnership or corporation and purchases another permit 
individually. A person, partnership, or corporation that is exempt from 
the owner-on-board requirement may sell all of their permits, buy 
another sablefish-endorsed permit within up to a year from the date the 
last permit was approved for transfer, and retain their exemption from 
the owner-on-board requirements. Additionally, a person, partnership, or 
corporation that qualified for the owner-on-board exemption, but later 
divested their interest in a permit or permits, may retain rights to an 
owner-on-board exemption as long as that person, partnership, or 
corporation purchases another permit by March 2, 2007. A person, 
partnership or corporation could only purchase a permit if it has not 
added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation, or that have 
died.
    (ii) The person who owns or who has ownership interest in a 
sablefish-endorsed limited entry permit is prevented from being on board 
a fishing vessel because the person died, is ill, or is injured. The 
person requesting the exemption must send a letter to NMFS requesting an 
exemption from the owner-on-board requirements, with appropriate 
evidence as described at Sec. 660.372(b)(4)(ii)(A) or (B). All 
emergency exemptions for death, injury, or illness will be evaluated by 
NMFS and a decision will be made in writing to the permit owner within 
60 calendar days of receipt of the original exemption request.
    (A) Evidence of death of the permit owner shall be provided to NMFS 
in the form of a copy of a death certificate. In the interim before the 
estate is settled, if the deceased permit owner was subject to the 
owner-on-board requirements, the estate of the deceased permit owner may 
send a letter to NMFS with a copy of the death certificate, requesting 
an exemption from the owner-on-board requirements. An exemption due to 
death of the permit owner will be effective only until such time that 
the estate of the deceased permit owner has transferred the deceased 
permit owner's permit to a beneficiary or up to three years after the 
date of death as proven by a death certificate, whichever is earlier. An 
exemption from the owner-on-board requirements will be conveyed in a 
letter from NMFS to the estate of the permit owner and is required to be 
on the vessel during fishing operations.
    (B) Evidence of illness or injury that prevents the permit owner 
from participating in the fishery shall be provided to NMFS in the form 
of a letter from a certified medical practitioner. This letter must 
detail the relevant medical conditions of the permit owner and how those 
conditions prevent the permit owner from being onboard a fishing vessel 
during the primary season. An exemption due to injury or illness will be 
effective only for the calendar year of the request for exemption, and 
will not be granted for more than three consecutive or total years. NMFS 
will consider any exemption granted for less than 12 months in a year to 
count as one year against the 3-year cap. In order to extend an 
emergency medical exemption for a succeeding year, the permit owner must 
submit a new request and provide documentation from a certified medical 
practitioner detailing why the permit owner is still unable to be 
onboard a fishing vessel. An emergency exemption will be conveyed in a 
letter from NMFS to the permit owner and is required to be on the vessel 
during fishing operations.
    (c) Limited entry and open access daily trip limit fisheries both 
north and south of 36[deg] N. lat. (1) Before the start of the primary 
season, all sablefish landings made by a vessel authorized under 
paragraph (a) of this section to participate in the primary season will 
be subject to the restrictions and limits of the limited entry daily 
and/or weekly trip limit fishery for sablefish, which is governed by 
routine management measures imposed under Sec. 660.370(c).
    (2) Following the start of the primary season, all landings made by 
a vessel authorized under paragraph (a) of this section to participate 
in the primary season will count against the primary season cumulative 
limit(s) associated with the permit(s) registered for use

[[Page 210]]

with that vessel. A vessel that is eligible to participate in the 
primary sablefish season may participate in the daily trip limit fishery 
for sablefish once that vessels' primary season sablefish limit(s) have 
been taken, or after the end of the primary season, whichever occurs 
earlier. Any subsequent sablefish landings by that vessel will be 
subject to the restrictions and limits of the limited entry daily and/or 
trip limit fishery for sablefish for the remainder of the calendar year.
    (3) No vessel may land sablefish against both its primary season 
cumulative sablefish limits and against the daily and/or weekly trip 
limit fishery limits within the same 24 hour period of 0001 hours l.t. 
to 2400 hours l.t. If a vessel has taken all of its tier limit except 
for an amount that is smaller than the daily trip limit amount, that 
vessel's subsequent sablefish landings are automatically subject to 
daily and/or weekly trip limits.
    (4) Vessels registered for use with a limited entry, fixed gear 
permit that does not have a sablefish endorsement may participate in the 
limited entry, daily and/or weekly trip limit fishery for as long as 
that fishery is open during the year, subject to routine management 
measures imposed under Sec. 660.370(c). Daily and/or weekly trip limits 
for the limited entry fishery north and south of 36[deg] N. lat. are 
provided in Tables 4 (North) and 4 (South) of this subpart.
    (5) Open access vessels may participate in the open access, daily 
trip limit fishery for as long as that fishery is open during the year, 
subject to the routine management measures imposed under Sec. 
660.370(c). Daily and/or weekly trip limits for the open access fishery 
north and south of 36[deg] N. lat. are provided in Tables 5 (North) and 
5 (South) of this subpart.
    (d) Trip limits. Trip and/or frequency limits may be imposed in the 
limited entry fishery on vessels that are not participating in the 
primary season under Sec. 660.370(c). Trip and/or size limits to 
protect juvenile sablefish in the limited entry or open-access fisheries 
also may be imposed at any time under Sec. 660.370(c). Trip limits may 
be imposed in the open-access fishery at any time under Sec. 
660.370(c).

[69 FR 42352, July 15, 2004, as amended at 69 FR 77032, Dec. 23, 2004; 
70 FR 16149, Mar. 30, 2005; 70 FR 23045, May 4, 2005; 71 FR 10624, Mar. 
2, 2006; 71 FR 24604, Apr. 26, 2006; 71 FR 78656, Dec. 29, 2006; 74 FR 
9888, Mar. 6, 2009; 74 FR 19013, Apr. 27, 2009; 75 FR 23617, May 4, 
2010]



Sec. 660.373  Pacific whiting (whiting) fishery management.

    (a) Sectors. In order for a vessel to participate in a particular 
whiting fishery sector after May 11, 2009, that vessel must be 
registered for use with a sector-specific Pacific whiting vessel license 
under Sec. 660.336.
    (1) The catcher/processor sector is composed of catcher/processors, 
which are vessels that harvest and process whiting during a calendar 
year.
    (2) The mothership sector is composed of motherships and catcher 
vessels that harvest whiting for delivery to motherships. Motherships 
are vessels that process, but do not harvest, whiting during a calendar 
year.
    (3) The shore-based sector is composed of vessels that harvest 
whiting for delivery to Pacific whiting shoreside first receivers. 
Notwithstanding the other provisions of 50 CFR Part 660, subpart G, a 
vessel that is 75 feet or less LOA that harvests whiting and, in 
addition to heading and gutting, cuts the tail off and freezes the 
whiting, is not considered to be a catcher/processor nor is it 
considered to be processing fish. Such a vessel is considered a 
participant in the shorebased whiting sector, and is subject to 
regulations and allocations for that sector.
    (b) Seasons. The primary seasons for the whiting fishery are: For 
the shore-based sector, the period(s) when the large-scale target 
fishery is conducted (when trip limits under paragraph (b) of this 
section are not in effect); for catcher/processors, the period(s) when 
at-sea processing is allowed and the fishery is open for the catcher/
processor sector; and for vessels delivering to motherships, the 
period(s) when at-sea processing is allowed and the fishery is open for 
the mothership sector. Before and after the primary seasons, trip 
landing or frequency limits may be

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imposed under Sec. 660.370(c). The sectors are defined at Sec. 
660.370(a).
    (1) North of 40[deg]30[min] N. lat. Different starting dates may be 
established for the catcher/processor sector, the mothership sector, 
catcher vessels delivering to shoreside processors north of 42[deg] N. 
lat., and catcher vessels delivering to shoreside processors between 
42[deg]-40[deg]30[min] N. lat.
    (i) Procedures. The primary seasons for the whiting fishery north of 
40[deg]30[min] N. lat. generally will be established according to the 
procedures of the PCGFMP for developing and implementing harvest 
specifications and apportionments. The season opening dates remain in 
effect unless changed, generally with the harvest specifications and 
management measures.
    (ii) Criteria. The start of a primary season may be changed based on 
a recommendation from the Council and consideration of the following 
factors, if applicable: Size of the harvest guidelines for whiting and 
bycatch species; age/size structure of the whiting population; expected 
harvest of bycatch and prohibited species; availability and stock status 
of prohibited species; expected participation by catchers and 
processors; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (iii) Primary whiting seasons. After the start of a primary season 
for a sector of the whiting fishery, the season remains open for that 
sector until the quota is taken or a bycatch limit is reached and the 
fishery season for that sector is closed by NMFS. The starting dates for 
the primary seasons for the whiting fishery are as follows:
    (A) Catcher/processor sector--May 15.
    (B) Mothership sector--May 15.
    (C) Shore-based sector
    (1) North of 42[deg] N. lat.--June 15;
    (2) Between 42[deg]-40[deg]30[min] N. lat.--April 1; and
    (3) South of 40[deg]30[min] N. lat.--April 15.
    (2) South of 40[deg]30[min] N. lat. The primary season starts on 
April 15 south of 40[deg]30[min] N. lat.
    (3) Trip limits in the whiting fishery. The ``per trip'' limit for 
whiting before and after the regular (primary) season for the shore-
based sector is announced in Table 3 of this subpart, and is a routine 
management measure under Sec. 660.370(c). This trip limit includes any 
whiting caught shoreward of 100-fm (183-m) in the Eureka, CA area.The 
``per trip'' limit for other groundfish species before, during, and 
after the regular (primary) season are announced in Table 3 (North) and 
Table 3 (South) of this subpart and apply as follows:
    (i) During the groundfish cumulative limit periods both before and 
after the primary whiting season, vessels may use either small and/or 
large footrope gear, but are subject to the more restrictive trip limits 
for those entire cumulative periods.
    (ii) If, during a primary whiting season, a whiting vessel harvests 
a groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or end of the primary whiting season.
    (4) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be established, adjusted, and used inseason to 
close a sector or sectors of the whiting fishery to achieve the 
rebuilding of an overfished or depleted stock. These limits are routine 
management measures under Sec. 660.370(c) and, as such, may be adjusted 
inseason or may have new species added to the list of those with bycatch 
limits. Closure of a sector or sectors when a bycatch limit is projected 
to be reached is an automatic action under Sec. 660.370(d).
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec. 660.323(a). The sector specific bycatch limits are: for catcher/
processors 4.8 mt of canary rockfish, 95 mt of widow rockfish, and 8.5 
mt of darkblotched rockfish; for motherships 3.3 mt of canary rockfish, 
67 mt of widow rockfish, and 6.0 mt of darkblotched rockfish; and for 
shore-based 5.9 mt of canary rockfish, 117 mt of widow rockfish, and 
10.5 mt of darkblotched rockfish.

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    (ii) The Regional Administrator may make available for harvest to 
the other sectors of the whiting fishery identified in Sec. 660.323, 
the amounts of a sector's bycatch limit species remaining when a sector 
is closed because its whiting allocation or a bycatch limit has been 
reached or is projected to be reached. The remaining bycatch limit 
species shall be redistributed in proportion to each sector's initial 
whiting allocation. When considering redistribution of bycatch limits 
between the sectors of the whiting fishery, the Regional Administrator 
will take into consideration the best available data on total projected 
fishing impacts on the bycatch limit species, as well as impacts on 
other groundfish species.
    (iii) If a bycatch limit is reached or is projected to be reached, 
the following action, applicable to the sector may be taken.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed whiting 
may be brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shore-based sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shore-
based sector except as authorized under a trip limit specified under 
Sec. 660.370(c).
    (iv) The Regional Administrator will announce in the Federal 
Register when a bycatch limit is reached, or is projected to be reached, 
specifying the action being taken as specified under paragraph (b)(4) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of bycatch limit species. In order to 
prevent exceeding the bycatch limits or to avoid underutilizing the 
Pacific whiting resource, prohibitions against further taking and 
retaining, receiving, or at-sea processing of whiting, or 
reapportionment of bycatch limits species may be made effective 
immediately by actual notice to fishers and processors, by e-mail, 
Internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-
Management/Whiting-Management/index.cfm), phone, fax, letter, press 
release, and/or USCG Notice to Mariners (monitor channel 16 VHF), 
followed by publication in the Federal Register.
    (c) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (1) Klamath River Salmon Conservation Zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41[deg]38.80[min] N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124[deg]23[min] W. long. (approximately 12 nm 
from shore), and on the south by 41[deg]26.80[min] N. lat. 
(approximately 6 nm south of the Klamath River mouth).
    (2) Columbia River Salmon Conservation Zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46[deg]18[min] N. lat. to 
124[deg]13.30[min] W. long., then southerly along a line of 167 True to 
46[deg]11.10[min] N. lat. and 124[deg]11[min] W. long.(Columbia River 
Buoy), then northeast along Red Buoy Line to the tip of the south jetty.
    (3) Ocean Salmon Conservation Zone. All waters shoreward of a 
boundary line approximating the 100 fm (183 m) depth contour. Latitude 
and longitude coordinates defining the boundary line approximating the 
100 fm (183 m) depth contour are provided at Sec. 660.393(a). This 
closure will be implemented through automatic action, defined at 
660.370(d), when NMFS projects the Pacific whiting fishery may take in 
excess of 11,000 Chinook within a calendar year.
    (4) Pacific Whiting Bycatch Reduction Areas. Vessels using limited 
entry midwater trawl gear during the primary whiting season may be 
prohibited from fishing shoreward of a boundary

[[Page 213]]

line approximating the 75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) 
depth contours. Latitude and longitude coordinates for the boundary 
lines approximating the depth contours are provided at Sec. 660.393(a). 
Closures may be implemented inseason for a sector(s) through automatic 
action, defined at Sec. 660.370(d), when NMFS projects that a sector 
will exceed a bycatch limit specified for that sector before the 
sector's whiting allocation is projected to be reached.
    (d) Eureka area trip limits. Trip landing or frequency limits may be 
established, modified, or removed under Sec. 660.370 or Sec. 660.373, 
specifying the amount of Pacific whiting that may be taken and retained, 
possessed, or landed by a vessel that, at any time during a fishing 
trip, fished in the fishery management area shoreward of the 100 fathom 
(183 m) contour (as shown on NOAA Charts 18580, 18600, and 18620) in the 
Eureka area (from 43 00[min] to 40 30[min] N. lat.). Unless otherwise 
specified, no more than 10,000 lb (4,536 kg) of whiting may be taken and 
retained, possessed, or landed by a vessel that, at any time during a 
fishing trip, fished in the fishery management area shoreward of the 100 
fm (183 m) contour (as shown on NOAA Charts 18580, 18600, and 18620) in 
the Eureka management area (defined at Sec. 660.302).
    (e) At-sea processing. Whiting may not be processed at sea south of 
42[deg]00[min] N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (i) of this section.
    (f) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area south of 42[deg]00[min] N. 
lat. between 0001 hours to one-half hour after official sunrise (local 
time). During this time south of 42[deg]00[min] N. lat., trawl doors 
must be on board any vessel used to fish for whiting and the trawl must 
be attached to the trawl doors. Official sunrise is determined, to the 
nearest 5[deg] lat., in The Nautical Almanac issued annually by the 
Nautical Almanac Office, U.S. Naval Observatory, and available from the 
U.S. Government Printing Office.
    (g) Bycatch reduction and full utilization program for at-sea 
processors (optional). If a catcher/processor or mothership in the 
whiting fishery carries more than one NMFS-approved observer for at 
least 90 percent of the fishing days during a cumulative trip limit 
period, then groundfish trip limits may be exceeded without penalty for 
that cumulative trip limit period, if the conditions in paragraph (g)(1) 
of this section are met. For purposes of this program, ``fishing day'' 
means a 24-hour period, from 0001 hours through 2400 hours, local time, 
in which fishing gear is retrieved or catch is received by the vessel, 
and will be determined from the vessel's observer data, if available. 
Changes to the number of observers required for a vessel to participate 
in the program will be announced prior to the start of the fishery, 
generally concurrent with the harvest specifications and management 
measures. Groundfish consumed on board the vessel must be within any 
applicable trip limit and recorded as retained catch in any applicable 
logbook or report. [Note: For a mothership, non-whiting groundfish 
landings are limited by the cumulative landings limits of the catcher 
vessels delivering to that mothership.]
    (1) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (i) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (ii) Any retained catch in excess of cumulative trip limits must 
either be: Converted to meal, mince, or oil products, which may then be 
sold; or donated to a bona fide tax-exempt hunger relief organization 
(including food banks, food bank networks or food bank distributors), 
and the vessel operator must be able to provide a receipt for the 
donation of groundfish landed under this program from a tax-exempt 
hunger relief organization immediately upon the request of an authorized 
officer.
    (iii) No processor or catcher vessel may receive compensation or 
otherwise benefit from any amount in excess of a cumulative trip limit 
unless the overage is converted to meal, mince, or oil products. Amounts 
of fish in excess of cumulative trip limits may only be sold as meal, 
mince, or oil products.
    (iv) The vessel operator must contact the NMFS enforcement office 
nearest

[[Page 214]]

to the place of landing at least 24 hours before landing groundfish in 
excess of cumulative trip limits for distribution to a hunger relief 
agency. Cumulative trip limits and a list of NMFS enforcement offices 
are found on the NMFS, Northwest Region homepage at www.nwr.noaa.gov.
    (v) If the meal plant on board the whiting processing vessel breaks 
down, then no further overages may be retained for the rest of the 
cumulative trip limit period unless the overage is donated to a hunger 
relief organization.
    (vi) Prohibited species may not be retained.
    (vii) Donation of fish to a hunger relief organization must be noted 
in the transfer log (Product Transfer/Offloading Log (PTOL)), in the 
column for total value, by entering a value of ``0'' or ``donation,'' 
followed by the name of the hunger relief organization receiving the 
fish. Any fish or fish product that is retained in excess of trip limits 
under this rule, whether donated to a hunger relief organization or 
converted to meal, must be entered separately on the PTOL so that it is 
distinguishable from fish or fish products that are retained under trip 
limits. The information on the Mate's Receipt for any fish or fish 
product in excess of trip limits must be consistent with the information 
on the PTOL. The Mate's Receipt is an official document that states who 
takes possession of offloaded fish, and may be a Bill of Lading, 
Warehouse Receipt, or other official document that tracks the transfer 
of offloaded fish or fish product. The Mate's Receipt and PTOL must be 
made available for inspection upon request of an authorized officer 
throughout the cumulative limit period during which such landings 
occurred and for 15 days thereafter.
    (h) Additional restrictions on catcher/processors. (1) A catcher/
processor may receive fish from a catcher vessel, but that catch is 
counted against the catcher/processor allocation unless the catcher/
processor has been declared as a mothership under paragraph (h)(3) of 
this section.
    (2) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same calendar 
year.
    (3) When renewing its limited entry permit each year under Sec. 
660.335, the owner of a catcher/processor used to take and retain 
whiting must declare if the vessel will operate solely as a mothership 
in the whiting fishery during the calendar year to which its limited 
entry permit applies. Any such declaration is binding on the vessel for 
the calendar year, even if the permit is transferred during the year, 
unless it is rescinded in response to a written request from the permit 
holder. Any request to rescind a declaration must be made by the permit 
holder and granted in writing by the Regional Administrator before any 
unprocessed whiting has been taken on board the vessel that calendar 
year.
    (i) Processing fish waste at sea. A vessel that processes only fish 
waste (a ``waste-processing vessel'') is not considered a whiting 
processor and therefore is not subject to the allocations, seasons, or 
restrictions for catcher/processors or motherships while it operates as 
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary season 
for whiting in which the vessel operates as a catcher/processor or 
mothership. A vessel must meet the following conditions to qualify as a 
waste-processing vessel:
    (1) The vessel makes meal (ground dried fish), oil, or minced 
(ground flesh) product, but does not make, and does not have on board, 
surimi (fish paste with additives), fillets (meat from the side of the 
fish, behind the head and in front of the tail), or headed and gutted 
fish (head and viscera removed).
    (2) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under Sec. 660.370(c).
    (3) Any trawl net and doors on board are stowed in a secured and 
covered manner, and detached from all towing lines, so as to be rendered 
unusable for fishing.
    (4) The vessel does not receive codends containing fish.

[[Page 215]]

    (5) The vessel's operations are consistent with applicable state and 
Federal law, including those governing disposal of fish waste at sea.
    (j) Additional requirements for participants in the Pacific Whiting 
Shoreside fishery--(1) Pacific whiting shoreside first receiver 
responsibilities--(i) Weights and measures. All groundfish weights 
reported on fish tickets must be recorded from scales with appropriate 
weighing capacity that ensures accuracy for the amount of fish being 
weighed. For example: amounts of fish less than 1,000 lb (454 kg) should 
not be weighed on scales that have an accuracy range of 1,000 lb-7,000 
lb (454 - 3,175 kg) and are therefore not capable of accurately weighing 
amounts less than 1,000 lb (454 kg).
    (ii) Electronic fish tickets--(A) Hardware and software 
requirements. First receivers using the electronic fish ticket software 
provided by Pacific States Marine Fish Commission are required to meet 
the hardware and software requirements below. Those whiting first 
receivers who have NMFS-approved software compatible with the standards 
specified by Pacific States Marine Fish Commission for electronic fish 
tickets are not subject to any specific hardware or software 
requirements.
    (1) A personal computer with Pentium 75-MHz or higher. Random Access 
Memory (RAM) must have sufficient megabyte (MB) space to run the 
operating system, plus an additional 8 MB for the software application 
and available hard disk space of 217 MB or greater. A CD-ROM drive with 
a Video Graphics Adapter(VGA) or higher resolution monitor (super VGA is 
recommended).
    (2) Microsoft Windows 2000 (64 MB or greater RAM required), Windows 
XP (128 MB or greater RAM required) or later operating system.
    (3) Microsoft Access 2003 or newer for:
    (i) NMFS Approved Software Standards and Internet Access.
    The Pacific whiting shoreside first receiver is responsible for 
obtaining, installing and updating electronic fish tickets software 
either provided by Pacific States Marine Fish Commission, or compatible 
with the data export specifications specified by Pacific States Marine 
Fish Commission and for maintaining internet access sufficient to 
transmit data files via email. Requests for data export specifications 
can be submitted to: Attn: Frank Lockhart, National Marine Fisheries 
Service, Northwest Region Sustainable Fisheries Division, 7600 Sand 
Point Way NE, Seattle, WA 98115, or via email to 
[email protected]
    (ii) Maintenance. The Pacific whiting shoreside first receiver is 
responsible for ensuring that all hardware and software required under 
this subsection are fully operational and functional whenever the 
Pacific whiting primary season deliveries are accepted.
    (2) Pacific whiting shoreside first receivers and processors that 
receive groundfish species other than Pacific whiting in excess of trip 
limits from Pacific whiting shoreside vessels fishing under an EFP 
issued by the Assistant Regional Administrator are authorized to possess 
the catch.
    (3) Vessel owners and operators, first receivers, or shoreside 
processor owners, or managers may contact NMFS in writing to request 
assistance in improving data quality and resolving monitoring issues. 
Requests may be submitted to: Attn: Frank Lockhart, National Marine 
Fisheries Service, Northwest Region Sustainable Fisheries Division, 7600 
Sand Point Way NE, Seattle, WA 98115, or via email to 
[email protected]

[69 FR 42353, July 15, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
660.373, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 660.380  Groundfish harvest specifications.

    Fishery specifications include ABCs, the designation of OYs (which 
may be represented by harvest guidelines (HGs) or quotas for species 
that need individual management,) and the allocation of commercial OYs 
between the open access and limited entry segments of the fishery. These 
specifications include fish caught in state ocean waters (0-3 nm 
offshore) as well as fish caught in the EEZ (3-200 nm offshore). 
Specifications and management measures

[[Page 216]]

are provided as Tables 1a and 1b, and 2a and 2b of this subpart.

[69 FR 77033, Dec. 23, 2004]



Sec. 660.381  Limited entry trawl fishery management measures.

    (a) General. Limited entry trawl vessels include those vessels 
registered to a limited entry permit with a trawl endorsement. Most 
species taken in limited entry trawl fisheries will be managed with 
cumulative trip limits (see trip limits in Tables 3 (North) and 3 
(South) of this subpart), size limits (see Sec. 660.370 (h)(5)), 
seasons (see Pacific whiting at Sec. 660.373), gear restrictions (see 
paragraph (b) of this section) and closed areas (see paragraph (d) of 
this section and Sec. Sec. 660.390 through 660.399). The trawl fishery 
has gear requirements and trip limits that differ by the type of trawl 
gear on board and the area fished. Cowcod retention is prohibited in all 
fisheries and groundfish vessels operating south of Point Conception 
must adhere to CCA restrictions (see paragraph (d)(1) of this section 
and Sec. 660.390). The trip limits in Table 3 (North) and Table 3 
(South) of this subpart apply to vessels participating in the limited 
entry groundfish trawl fishery and may not be exceeded. Federal 
commercial groundfish regulations are not intended to supersede any more 
restrictive state commercial groundfish regulations relating to 
federally-managed groundfish.
    (b) Trawl gear requirements and restrictions. Trawl nets may be 
fished with or without otter boards, and may use warps or cables to herd 
fish.
    (1) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (2) Mesh size. Groundfish trawl gear must meet the minimum mesh size 
requirements in this paragraph. Mesh size requirements apply throughout 
the net. Minimum trawl mesh sizes are: bottom trawl, 4.5 inches (11.4 
cm); midwater trawl, 3.0 inches (7.6 cm). Minimum trawl mesh size 
requirements are met if a 20-gauge stainless steel wedge, less one 
thickness of the metal wedge, can be passed with only thumb pressure 
through at least 16 of 20 sets of two meshes each of wet mesh.
    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net[min]s circumference. No section of chafing gear may be longer 
than 50 meshes of the net to which it is attached. Chafing gear may be 
used only on the last 50 meshes, measured from the terminal (closed) end 
of the codend. Except at the corners, the terminal end of each section 
of chafing gear on all trawl gear must not be connected to the net. (The 
terminal end is the end farthest from the mouth of the net.) Chafing 
gear must be attached outside any riblines and restraining straps. There 
is no limit on the number of sections of chafing gear on a net.
    (4) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec. 660.395.
    (5) Small footrope trawl gear. Small footrope gear is bottom trawl 
gear with a footrope diameter of 8 inches (20 cm) or smaller (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Other lines or ropes that run parallel to the footrope 
may not be augmented with material encircling or tied along their length 
such that they have a diameter larger than 8 inches (20 cm). For 
enforcement purposes, the footrope will be measured in a straight line 
from the outside edge to the opposite outside edge at the widest part on 
any individual part, including any individual disk, roller, bobbin, or 
any other device.
    (i) Selective flatfish trawl gear is a type of small footrope trawl 
gear. The selective flatfish trawl net must be a two-seamed net with no 
more than two riblines, excluding the codend. The breastline may not be 
longer than 3 ft (0.92 m) in length. There may be no floats along the 
center third of the headrope or attached to the top panel except on the 
riblines. The footrope must be less than 105 ft (32.26 m) in length. The 
headrope must be not less

[[Page 217]]

than 30 percent longer than the footrope. An explanatory diagram of a 
selective flatfish trawl net is provided as Figure 1 of part 660, 
subpart G.
    (ii) [Reserved]
    (6) Midwater (or pelagic) trawl gear. Midwater trawl gear must have 
unprotected footropes at the trawl mouth, and must not have rollers, 
bobbins, tires, wheels, rubber discs, or any similar device anywhere on 
any part of the net. The footrope of midwater gear may not be enlarged 
by encircling it with chains or by any other means. Ropes or lines 
running parallel to the footrope of midwater trawl gear must be bare and 
may not be suspended with chains or any other materials. Sweep lines, 
including the bottom leg of the bridle, must be bare. For at least 20 ft 
(6.15 m) immediately behind the footrope or headrope, bare ropes or mesh 
of 16-inch (40.6-cm) minimum mesh size must completely encircle the net. 
A band of mesh (a ``skirt'') may encircle the net under transfer cables, 
lifting or splitting straps (chokers), but must be: over riblines and 
restraining straps; the same mesh size and coincide knot-to-knot with 
the net to which it is attached; and no wider than 16 meshes.
    (c) Cumulative trip limits and prohibitions by limited entry trawl 
gear type. Management measures may vary depending on the type of trawl 
gear (i.e., large footrope, small footrope, selective flatfish, or 
midwater trawl gear) used and/or on board a vessel during a fishing 
trip, cumulative limit period, and the area fished. Trawl nets may be 
used on and off the seabed. For some species or species groups, Table 3 
(North) and Table 3 (South) provide cumulative and/or trip limits that 
are specific to different types of trawl gear: large footrope, small 
footrope (including selective flatfish), selective flatfish, midwater, 
and multiple types. If Table 3 (North) and Table 3 (South) provide gear 
specific limits for a particular species or species group, it is 
unlawful to take and retain, possess or land that species or species 
group with limited entry trawl gears other than those listed.
    (1) Large footrope trawl gear. It is unlawful for any vessel using 
large footrope gear to fish for groundfish shoreward of the RCAs defined 
at paragraph (d) of this section and at Sec. Sec. 660.390 through 
660.394. The use of large footrope gear is permitted seaward of the RCAs 
coastwide.
    (2) Small footrope trawl gear. North of 40[deg]10[min] N. lat., it 
is unlawful for any vessel using small footrope gear (except selective 
flatfish gear) to fish for groundfish or have small footrope trawl gear 
(except selective flatfish gear) onboard while fishing shoreward of the 
RCA defined at paragraph (d) of this section and at Sec. Sec. 660.390 
through 660.394. South of 40[deg]10[min] N. lat., small footrope gear is 
required shoreward of the RCA. Small footrope gear is permitted seaward 
of the RCA coastwide.
    (i) North of 40[deg]10[min] N. lat., selective flatfish gear is 
required shoreward of the RCA defined at paragraph (d) of this section 
and at Sec. Sec. 660.390 through 660.394. South of 40[deg]10[min] N. 
lat., selective flatfish gear is permitted, but not required, shoreward 
of the RCA. The use of selective flatfish trawl gear is permitted 
seaward of the RCA coastwide.
    (ii) [Reserved]
    (3) Midwater trawl gear. North of 40[deg]10[min] N. lat., midwater 
trawl gear is permitted only for vessels participating in the primary 
Pacific whiting fishery (for details on the Pacific whiting fishery see 
Sec. 660.373). South of 40[deg]10[min] N. lat., the use of midwater 
trawl gear is prohibited shoreward of the RCA and permitted seaward of 
the RCA.
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 3 (North) or Table 3 (South) of this subpart must not be 
exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10[min] N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may have more than one type of limited entry bottom trawl gear on 
board, either simultaneously or successively, during a cumulative limit 
period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative

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limits and that vessel must fish seaward of the RCA during that limit 
period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear cumulative limits during 
that limit period, regardless of whether the vessel is fishing shoreward 
or seaward of the RCA.
    (D) If more than one type of bottom trawl gear (selective flatfish, 
large footrope, or small footrope) is on board, either simultaneously or 
successively, at any time during a cumulative limit period, then the 
most restrictive cumulative limit associated with the bottom trawl gear 
on board during that cumulative limit period applies for the entire 
cumulative limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10[min] N. 
lat. with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.370(h)(8).)
    (F) Midwater trawl gear is allowed only for vessels participating in 
the primary whiting season.
    (ii) The following restrictions apply to vessels operating south of 
40[deg]10[min] N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may not have small footrope trawl gear and any other type of 
bottom trawl gear onboard simultaneously.
    (B) For vessels using more than one type of trawl gear during a 
cumulative limit period, limits are additive up to the largest limit for 
the type of gear used during that period. (Example: If a vessel harvests 
300 lb (136 kg) of chilipepper rockfish with small footrope gear, it may 
harvest up to 11,700 lb (5,209 kg) of chilipepper rockfish with large 
footrope gear during July and August 2007, because the largest 
cumulative limit for chilipepper rockfish during that period is 12,000 
lb (5,443 kg)for large footrope gear.)
    (C) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.370(h)(8).)
    (d) Groundfish Conservation Areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The latitude 
and longitude coordinates of the GCA boundaries are specified at 
Sec. Sec. 660.390 through 660.394. A vessel that is fishing within a 
GCA listed in this paragraph (d) with trawl gear authorized for use 
within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the limited 
entry trawl fishery. Additional closed areas that specifically apply to 
the Pacific whiting fisheries are described at Sec. 660.373(c).
    (1) Cowcod Conservation Areas (CCAs). Vessels using limited entry 
trawl gear are prohibited from fishing within the CCAs. See Sec. 
660.390 for the coordinates that define the CCAs. Limited entry trawl 
vessels may transit through the Western CCA with their gear stowed and 
groundfish on board only in a corridor through the Western CCA bounded 
on the north by the latitude line at 33[deg]00.50[min] N. lat., and 
bounded on the south by the latitude line at 32[deg]59.50[min] N. lat. 
It is unlawful to take and retain, possess, or land groundfish within 
the CCAs, except as authorized in this paragraph, when those waters are 
open to fishing.
    (2) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. (See Sec. 660.390)
    (3) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks as 
defined by

[[Page 219]]

specific latitude and longitude coordinates at Sec. 660.390.
    (4) Trawl rockfish conservation areas. The trawl RCAs are closed 
areas, defined by specific latitude and longitude coordinates which are 
specified at Sec. Sec. 660.390 through 660.394. Boundaries for the 
trawl RCAs applicable to groundfish trawl vessels throughout the year 
are provided in the header to Table 3 (North) and Table 3 (South) of 
this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.370(c).
    (i) It is unlawful to operate a vessel with trawl gear onboard 
within the trawl RCA, except for the purpose of continuous transiting, 
or when the use of trawl gear is authorized in this section. It is 
lawful to fish with groundfish trawl gear within the trawl RCA only 
under the following conditions: vessels fishing with mid-water trawl 
gear on Pacific whiting trips during the primary whiting season, 
provided a valid declaration report has been filed with NMFS OLE, as 
required at Sec. 660.303(d); and vessels fishing with demersal seine 
gear between 38[deg] N. lat. and 36[deg] N. lat. shoreward of a boundary 
line approximating the 100 fm (183 m) depth contour as defined at Sec. 
660.393, provided a valid declaration report has been filed.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either: below deck; or if the gear cannot readily be moved, in a 
secured and covered manner, detached from all towing lines, so that it 
is rendered unusable for fishing; or remaining on deck uncovered if the 
trawl doors are hung from their stanchions and the net is disconnected 
from the doors. These restrictions do not apply to vessels fishing with 
midwater trawl gear for whiting during a primary season.
    (iii) It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry trawl gear within the trawl RCA, unless 
otherwise authorized in this section.
    (iv) If a vessel fishes in the trawl RCA, it may not participate in 
any fishing on that trip that is prohibited within the trawl RCA. [For 
example, if a vessel participates in the pink shrimp fishery within the 
RCA, the vessel cannot on the same trip participate in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supercedes any 
state regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (5) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.395 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using bottom trawl gear or to vessels 
using ``bottom contact gear,'' which is defined at Sec. 660.302 to 
include bottom trawl gear, among other gear types.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. 660.395 and Sec. 
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183 m) 
depth contour.Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl gear 
is prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. 660.397 - .398: Olympic 2, 
Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, 
Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, 
Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, 
Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with bottom trawl gear except demersal seine gear (defined at 
Sec. 660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec. 660.399: 
Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon,

[[Page 220]]

Tolo Bank, Point Arena North, Point Arena South Biogenic Area, Cordell 
Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (ii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear, including bottom trawl gear is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.398 through 
660.399: Thompson Seamount, President Jackson Seamount, Cordell Bank (50 
fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted 
Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, 
Footprint, Gull Island, South Point, and Santa Barbara. Fishing with 
bottom contact gear is also prohibited within the Davidson Seamount EFH 
Area, which is defined with specific latitude and longitude coordinates 
at Sec. 660.395.

[69 FR 77033, Dec. 23, 2004, as amended at 70 FR 16149, Mar. 30, 2005; 
70 FR 23045, May 4, 2005; 71 FR 78657, Dec. 29, 2006; 72 FR 69171, Dec. 
7, 2007; 74 FR 9889, Mar. 6, 2009]



Sec. 660.382  Limited entry fixed gear fishery management measures.

    (a) General.Most species taken in limited entry fixed gear (longline 
and pot/trap) fisheries will be managed with cumulative trip limits (see 
trip limits in Tables 4 (North) and 4 (South) of this subpart), size 
limits (see Sec. 660.370(h)(5)), seasons (see trip limits in Tables 4 
(North) and 4 (South) of this subpart and primary sablefish season 
details in Sec. 660.372(b)), gear restrictions (see paragraph (b) of 
this section), and closed areas (see paragraph (c) of this section and 
Sec. Sec. 660.390 through 660.399). Cowcod retention is prohibited in 
all fisheries and groundfish vessels operating south of Point Conception 
must adhere to CCA restrictions (see paragraph (c)(4) of this section 
and Sec. 660.390). Yelloweye rockfish and canary rockfish retention is 
prohibited in the limited entry fixed gear fisheries. Regulations 
governing and tier limits for the limited entry, fixed gear primary 
sablefish season north of 36[deg] N. lat. are found in Sec. 660.372. 
Vessels not participating in the primary sablefish season are subject to 
daily or weekly sablefish limits in addition to cumulative limits for 
each cumulative limit period. Only one sablefish landing per week may be 
made in excess of the daily trip limit and, if the vessel chooses to 
make a landing in excess of that daily trip limit, then that is the only 
sablefish landing permitted for that week. The trip limit for black 
rockfish caught with hook-and-line gear also applies, see Sec. 660.371. 
The trip limits in Table 4 (North) and Table 4 (South) of this subpart 
apply to vessels participating in the limited entry groundfish fixed 
gear fishery and may not be exceeded. Federal commercial groundfish 
regulations are not intended to supersede any more restrictive state 
commercial groundfish regulations relating to federally-managed 
groundfish.
    (b) Gear Restrictions--(1) General. The following types of fishing 
gear are authorized in the limited entry fixed gear fishery, with the 
restrictions set forth in this section: longline and pot or trap. 
Vessels participating in the limited entry fixed gear fishery may also 
fish with open access gear subject to the gear restrictions at Sec. 
660.383(b), but will be subject to the most restrictive trip limits for 
the gear used as specified at Sec. 660.370(h)(7).
    (2) Limited entry fixed gear. (i) Fixed gear (longline, trap or pot) 
must be:
    (A) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy.
    (B) Attended at least once every 7 days.
    (ii) A buoy used to mark fixed gear under paragraph (b)(2)(i)(A) of 
this section must be marked with a number clearly identifying the owner 
or operator of the vessel. The number may be either:
    (A) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or

[[Page 221]]

    (B) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (3) Traps or pots. Traps must have biodegradable escape panels 
constructed with 21 or smaller untreated cotton twine in such a manner 
that an opening at least 8 inches (20.3 cm) in diameter results when the 
twine deteriorates.
    (c) Groundfish Conservation Areas applicable to limited entry fixed 
gear vessels. A GCA, a type of closed area, is a geographic area defined 
by coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec. 660.390 through 660.394. A vessel that is authorized by 
this paragraph to fish within a GCA (e.g. fishing for ``other flatfish'' 
using no more than 12 hooks, ``Number 2'' or smaller), may not 
simultaneously have other gear on board the vessel that is unlawful to 
use for fishing within the GCA. The following GCAs apply to vessels 
participating in the limited entry fixed gear fishery.
    (1) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. The North Coast Recreational YRCA is designated as an 
area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.Fishing with limited entry fixed gear is prohibited within 
the North Coast Commercial YRCA.It is unlawful to take and retain, 
possess, or land groundfish taken with limited entry fixed gear within 
the North Coast Commercial YRCA.Limited entry fixed gear vessels may 
transit through the North Coast Commercial YRCA with or without 
groundfish on board.
    (3) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.The South Coast Recreational YRCA is designated as an area 
to be avoided (a voluntary closure) by commercial fixed gear fishers.
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.390. 
Fishing with limited entry fixed gear is prohibited within the Point St. 
George YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the Point St. George YRCA, on dates when the closure 
is in effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Limited entry fixed gear vessels may transit 
through the Point St. George YRCA, at any time, with or without 
groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.390. Fishing with 
limited entry fixed gear is prohibited within the South Reef YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with limited entry fixed gear within 
the South Reef YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the South Reef YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Limited entry fixed 
gear vessels may transit through the South Reef YRCA, at any time, with 
or without groundfish on board.

[[Page 222]]

    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.390. Fishing 
with limited entry fixed gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with limited entry fixed gear 
within the Reading Rock YRCA, on dates when the closure is in effect. 
The closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Reading Rock YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Limited entry fixed gear vessels may transit through the Reading Rock 
YRCA, at any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (North) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (North) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (North) 
YRCA, at any time, with or without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (South) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (South) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (South) 
YRCA, at any time, with or without groundfish on board.
    (10) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390.It is unlawful to take and retain, possess, 
or land groundfish within the CCAs, except for species authorized in 
this paragraph caught according to gear requirements in this paragraph, 
when those waters are open to fishing. Commercial fishing vessels may 
transit through the Western CCA with their gear stowed and groundfish on 
board only in a corridor through the Western CCA bounded on the north by 
the latitude line at 33[deg]00.50[min] N. lat., and bounded on the south 
by the latitude line at 32[deg]59.50[min] N. lat.Fishing with limited 
entry fixed gear is prohibited within the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.303(d) has been filed with NMFS OLE.
    (11) Non-trawl Rockfish Conservation Areas (RCA). The non-trawl RCAs 
are closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.390 through 660.394) designed to 
approximate specific depth contours, where fishing for groundfish with 
non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the header to Table 4 (North) and 
Table 4 (South) of this subpart and may be modified by NMFS inseason 
pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate a vessel with limited entry non-trawl 
gear in

[[Page 223]]

the non-trawl RCA, except for the purpose of continuous transit, or when 
the use of limited entry non-trawl gear is authorized in Part 660. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry non-trawl gear within the non-trawl RCA, unless otherwise 
authorized in Part 660.
    (ii) Limited entry non-trawl vessels may transit through the non-
trawl RCA, with or without groundfish on board, provided all groundfish 
non-trawl gear is stowed either: below deck; or if the gear cannot 
readily be moved, in a secured and covered manner, detached from all 
lines, so that it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels registered to fixed gear limited entry permits fishing for 
species other than groundfish with non-trawl gear on trips where 
groundfish species are retained. Unless otherwise authorized by Part 
660, a vessel may not retain any groundfish taken on a fishing trip for 
species other than groundfish that occurs within the non-trawl RCA. If a 
vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may 
not participate in any fishing for groundfish on that trip that is 
prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.]
    (iv) It is lawful to fish within the non-trawl RCA with limited 
entry fixed gear only under the following conditions: when fishing for 
``other flatfish'' off California (between 42[deg] N. lat. south to the 
U.S./Mexico border) using no more than 12 hooks, ``Number 2'' or 
smaller, which measure no more than 11 mm (0.44 inches) point to shank, 
and up to two 1-lb (0.91 kg) weights per line when trip limits authorize 
such fishing, provided a valid declaration report as required at Sec. 
660.303(d) has been filed with NMFS OLE.
    (12) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line. (See 
Table 4 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.390.
    (13) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 
660.390.An exception to this prohibition is that commercial fishing for 
``other flatfish'' is permitted around Cordell Banks using no more than 
12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1-lb (0.45-kg) weights per 
line.
    (14) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.396 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using ``bottom contact gear,'' which is 
defined at Sec. 660.302 to include limited entry fixed gear (longline 
and pot/trap,) among other gear types. Fishing with all bottom contact 
gear, including longline and pot/trap gear, is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. 660.398 and Sec. 660.399: Thompson Seamount, 
President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris 
Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, 
Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, 
South Point, and Santa Barbara. Fishing with bottom contact gear is also 
prohibited within the Davidson Seamount EFH Area, which is defined by 
specific latitude and longitude coordinates at Sec. 660.395.

[69 FR 77035, Dec. 23, 2004, as amended at 71 FR 24604, Apr. 26, 2006; 
71 FR 78657, Dec. 29, 2006; 72 FR 69172, Dec. 7, 2007; 74 FR 9889, Mar. 
6, 2009]

[[Page 224]]



Sec. 660.383  Open access fishery management measures.

    (a) General. Groundfish species taken in open access fisheries will 
be managed with cumulative trip limits (see trip limits in Tables 5 
(North) and 5 (South) of this subpart), size limits (see Sec. 
660.370(h)(5)), seasons (see seasons in Tables 5 (North) and 5 (South) 
of this subpart), gear restrictions (see paragraph (b) of this section), 
and closed areas (see paragraph (c) of this section and Sec. Sec. 
660.390 through 660.399).Unless otherwise specified, a vessel operating 
in the open access fishery is subject to, and must not exceed any trip 
limit, frequency limit, and/or size limit for the open access fishery. 
Cowcod retention is prohibited in all fisheries and groundfish vessels 
operating south of Point Conception must adhere to CCA restrictions (see 
paragraph (c)(5) of this section and Sec. 660.390).Retention of 
yelloweye rockfish and canary rockfish is prohibited in all open access 
fisheries.For information on the open access daily/weekly trip limit 
fishery for sablefish, see Sec. 660.372(c) and the trip limits in 
Tables 5 (North) and 5 (South) of this subpart.Open access vessels are 
subject to daily or weekly sablefish limits in addition to cumulative 
limits for each cumulative limit period.Only one sablefish landing per 
week may be made in excess of the daily trip limit and, if the vessel 
chooses to make a landing in excess of that daily trip limit, then that 
is the only sablefish landing permitted for that week. The trip limit 
for black rockfish caught with hook-and-line gear also applies, see 
Sec. 660.371.The trip limits in Table 5 (North) and Table 5 (South) of 
this subpart apply to vessels participating in the open access fisheries 
and may not be exceeded. Federal commercial groundfish regulations are 
not intended to supersede any more restrictive state commercial 
groundfish regulations relating to federally managed groundfish.
    (b) Gear restrictions. Open access gear is gear used to take and 
retain groundfish from a vessel that is not registered for use with a 
limited entry permit for the Pacific Coast groundfish fishery with an 
endorsement for the gear used to harvest the groundfish. This includes 
longline, trap, pot, hook-and-line (fixed or mobile), setnet (anchored 
gillnet or trammel net, which are permissible south of 38[deg] N. lat. 
only), spear and non-groundfish trawl gear (trawls used to target non-
groundfish species:pink shrimp or ridgeback prawns, and, south of Pt. 
Arena, CA (38[deg]57.50[min] N. lat.), California halibut or sea 
cucumbers). Restrictions for gears used in the open access fisheries are 
as follows:
    (1) Non-groundfish trawl gear. Non-groundfish trawl gear is any 
trawl gear other than limited entry groundfish trawl gear as described 
at Sec. 660.381(b) and as defined at Sec. 660.302 for trawl vessels 
with limited entry groundfish permits. Non-groundfish trawl gear is 
generally trawl gear used to target pink shrimp, ridgeback prawn, 
California halibut and sea cucumber. Non-groundfish trawl gear is exempt 
from the limited entry trawl gear restrictions at Sec. 660.381(b). 
Fishing with bottom trawl gear with a footrope diameter greater than 19 
inches (48 cm) (including rollers, bobbins, or other material encircling 
ro tied along the length of the footrope) is prohibited anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.395.
    (2) Fixed gear. (i) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
    (A) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy except as provided in paragraph 
(b)(2)(ii) of this section.
    (B) Attended at least once every 7 days.
    (ii) Commercial vertical hook-and-line gear that is closely tended 
may be marked only with a single buoy of sufficient size to float the 
gear. ``Closely tended'' means that a vessel is within visual sighting 
distance or within 0.25 nm (463 m) as determined by electronic 
navigational equipment, of its commercial vertical hook-and-line gear.
    (iii) A buoy used to mark fixed gear under paragraph (b)(2)(i)(A) or 
(b)(2)(ii) of this section must be marked with a number clearly 
identifying the owner or operator of the vessel. The number may be 
either:

[[Page 225]]

    (A) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (B) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (3) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38[deg]00.00[min] N. lat.
    (4) Traps or pots. Traps must have biodegradable escape panels 
constructed with 21 or smaller untreated cotton twine in such a manner 
that an opening at least 8 inches (20.3 cm) in diameter results when the 
twine deteriorates.
    (5) Spears. Spears may be propelled by hand or by mechanical means.
    (c) Groundfish Conservation Areas Affecting Open Access Vessels. A 
GCA, a type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the open access groundfish fishery.
    (1) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. The North Coast Recreational YRCA is designated as an 
area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. Fishing with open access gear is prohibited within the 
North Coast Commercial YRCA.It is unlawful to take and retain, possess, 
or land groundfish taken with open access gear within the North Coast 
Commercial YRCA.Open access vessels may transit through the North Coast 
Commercial YRCA with or without groundfish on board.
    (3) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.The South Coast Recreational YRCA is designated as an area 
to be avoided (a voluntary closure) by commercial fixed gear fishers.
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.390. 
Fishing with open access gear is prohibited within the Point St. George 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Point St. George YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point St. George YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Open access vessels may transit through the Point St. George 
YRCA, at any time, with or without groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.390. Fishing with 
open access gear is prohibited within the South Reef YRCA, on dates when 
the closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with open access gear within the South Reef YRCA, 
on dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
South Reef YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the South Reef YRCA, at any

[[Page 226]]

time, with or without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.390. Fishing 
with open access gear is prohibited within the Reading Rock YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with open access gear within the 
Reading Rock YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the Reading Rock YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment. Open access 
gear vessels may transit through the Reading Rock YRCA, at any time, 
with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.390. Fishing with open access gear is prohibited within the 
Point Delgada (North) YRCA, on dates when the closure is in effect. It 
is unlawful to take and retain, possess, or land groundfish taken with 
open access gear within the Point Delgada (North) YRCA, on dates when 
the closure is in effect. The closure is not in effect at this time, and 
commercial fishing for groundfish is open within the Point Delgada 
(North) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the Point Delgada (North) YRCA, at any time, with or 
without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.390. Fishing with open access gear is prohibited within the 
Point Delgada (South) YRCA, on dates when the closure is in effect. It 
is unlawful to take and retain, possess, or land groundfish taken with 
open access gear within the Point Delgada (South) YRCA, on dates when 
the closure is in effect. The closure is not in effect at this time, and 
commercial fishing for groundfish is open within the Point Delgada 
(South) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the Point Delgada (South) YRCA, at any time, with or 
without groundfish on board.
    (10) Salmon Troll Yelloweye Rockfish Conservation Area.The latitude 
and longitude coordinates of the Salmon Troll Yelloweye Rockfish 
Conservation Area (YRCA) boundaries are specified in the groundfish 
regulations at Sec. 660.390 and in the salmon regulations at Sec. 
660.405.Fishing with salmon troll gear is prohibited within the Salmon 
Troll YRCA.It is unlawful for commercial salmon troll vessels to take 
and retain, possess, or land fish taken with salmon troll gear within 
the Salmon Troll YRCA.Open access vessels may transit through the Salmon 
Troll YRCA with or without fish on board.
    (11) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390.It is unlawful to take and retain, possess, 
or land groundfish within the CCAs, except for species authorized in 
this paragraph caught according to gear requirements in this paragraph, 
when those waters are open to fishing.Commercial fishing vessels may 
transit through the Western CCA with their gear stowed and groundfish on 
board only in a corridor through the Western CCA bounded on the north by 
the latitude line at 33[deg]00.50[min] N. lat., and bounded on the south 
by the latitude line at 32[deg]59.50[min] N. lat.Fishing with open 
access gear is prohibited in the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report

[[Page 227]]

as required at Sec. 660.303(d) has been filed with NMFS OLE.
    (12) Non-trawl Rockfish Conservation Areas for the open access 
fisheries. The non-trawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec. 660.390 
through 660.394) designed to approximate specific depth contours, where 
fishing for groundfish with non-trawl gear is prohibited. Boundaries for 
the non-trawl RCA throughout the year are provided in the open access 
trip limit tables, Table 5 (North) and Table 5(South) of this subpart 
and may be modified by NMFS inseason pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate a vessel in the non-trawl RCA that has 
non-trawl gear onboard and is not registered to a limited entry permit 
on a trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ, or land groundfish taken in the EEZ, except for 
the purpose of continuous transiting, or when the use of non-trawl gear 
is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with non-
trawl open access gear and retained, the open access non-trawl vessel 
may transit through the non-trawl RCA only if all groundfish non-trawl 
gear is stowed either: below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so that 
it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels taking and retaining or possessing groundfish in the EEZ, or 
landing groundfish taken in the EEZ. Unless otherwise authorized by Part 
660, a vessel may not retain any groundfish taken on a fishing trip for 
species other than groundfish that occurs within the non-trawl RCA. If a 
vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may 
not participate in any fishing for groundfish on that trip that is 
prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.]
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N. lat. south to the U.S./Mexico border) is permitted within the non-
trawl RCA with fixed gear only under the following conditions: when 
using no more than 12 hooks, ``Number 2'' or smaller, which measure no 
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 
kg) weights per line when trip limits authorize such fishing; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (13) Non-groundfish Trawl Rockfish Conservation Areas for the open 
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs are 
closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.390 through 660.394) designed to 
approximate specific depth contours, where fishing for groundfish with 
non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the open access trip limit tables, 
Table 5 (North) and Table 5 (South) of this subpart and may be modified 
by NMFS inseason pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate in the non-groundfish trawl RCA with 
non-groundfish trawl gear onboard, except for the purpose of continuous 
transiting, or when the use of trawl gear is authorized in part 660. It 
is unlawful to take and retain, possess, or land groundfish taken with 
non-groundfish trawl gear within the non-trawl RCA, unless otherwise 
authorized in part 660.
    (ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all 
non-groundfish trawl gear is stowed either: below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all towing lines, so that it is rendered unusable for fishing; or 
remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors.
    (iii) The non-groundfish trawl RCA restrictions in this section 
apply to

[[Page 228]]

vessels taking and retaining or possessing groundfish in the EEZ, or 
landing groundfish taken in the EEZ. Unless otherwise authorized by Part 
660, it is unlawful for a vessel to retain any groundfish taken on a 
fishing trip for species other than groundfish that occurs within the 
non-groundfish trawl RCA. If a vessel fishes in a non-groundfish fishery 
in the non-groundfish trawl RCA, it may not participate in any fishing 
on that trip that is prohibited within the non-groundfish trawl RCA. 
[For example, if a vessel participates in the pink shrimp fishery within 
the RCA, the vessel cannot on the same trip participate in the DTS 
fishery seaward of the RCA.] Nothing in these Federal regulations 
supercedes any state regulations that may prohibit trawling shoreward of 
the fishery management area (3-200 nm).
    (iv) It is lawful to fish with non-groundfish trawl gear within the 
non-groundfish trawl RCA only under the following conditions:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA when a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE. Groundfish caught with pink shrimp trawl gear 
may be retained anywhere in the EEZ and are subject to the limits in 
Table 5 (North) and Table 5 (South) of this subpart.
    (B) When the shoreward line of the trawl RCA is shallower than 100 
fm (183 m), vessels using ridgeback prawn trawl gear south of 
34[deg]27.00[min] N. lat. may operate out to the 100 fm (183 m) boundary 
line specified at Sec. 660.393 when a valid declaration report as 
required at Sec. 660.303(d) has been filed with NMFS OLE. Groundfish 
caught with ridgeback prawn trawl gear are subject to the limits in 
Table 5 (North) and Table 5 (South) of this subpart.
    (14) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line.(See Table 
5 (South) of this subpart.) For a definition of the Farallon Islands, 
see Sec. 660.390.
    (15) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 
660.390.An exception to this prohibition isthat commercial fishing for 
``other flatfish'' is permitted around Cordell Banks using no more than 
12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1 lb (0.45 kg) weights per 
line.
    (16) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.396 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using bottom trawl gear and or vessels 
using ``bottom contact gear,'' which is defined at Sec. 660.302 and 
includes, but is not limited to: beam trawl, bottom trawl, dredge, fixed 
gear, set net, demersal seine, dinglebar gear, and other gear (including 
experimental gear) designed or modified to make contact with the bottom.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. 660.395 and Sec. 
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.397 
through 660.398: Olympic 2,

[[Page 229]]

Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, 
Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, 
Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, 
Bandon High Spot, Rogue Canyon.
    (ii) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with all bottom trawl gear except demersal seine gear (defined 
at Sec. 660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec. 660.399: 
Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo 
Bank, Point Arena North, Point Arena South Biogenic Area, Cordell Bank/
Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, Monterey 
Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East San Lucia 
Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (iii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. Sec. 660.398-.399: Thompson Seamount, President 
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, 
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington 
Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, 
and Santa Barbara. Fishing with bottom contact gear is also prohibited 
within the Davidson Seamount EFH Area, which is defined by specific 
latitude and longitude coordinates at Sec. 660.395.
    (d) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for ridgeback prawns, California halibut, or sea 
cucumbers. Trip limits for groundfish retained in the ridgeback prawn, 
California halibut, or sea cucumber fisheries are in the open access 
trip limit table, Table 5 (South) of this subpart. The table also 
generally describes the RCAs for vessels participating in these 
fisheries.
    (1) Participation in the ridgeback prawn fishery. A trawl vessel 
will be considered participating in the ridgeback prawn fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear; and
    (ii) The landing includes ridgeback prawns taken in accordance with 
California Fish and Game Code, section 8595, which states: ``Prawns or 
shrimp may be taken for commercial purposes with a trawl net, subject to 
Article 10 (commencing with Section 8830) of Chapter 3.''
    (2) Participation in the California halibut fishery. A trawl vessel 
will be considered participating in the California halibut fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50[min] N. lat.); and
    (iii) The landing includes California halibut of a size required by 
California Fish and Game Code section 8392(a), which states: ``No 
California halibut may be taken, possessed or sold which measures less 
than 22 in (56 cm) in total length, unless it weighs 4 lb (1.8144 kg) or 
more in the round, 3 and one-half lbs (1.587 kg) or more dressed with 
the head on, or 3 lbs (1.3608 kg) or more dressed with the head off. 
Total length means the shortest distance between the tip of the jaw or 
snout, whichever extends farthest while the mouth is closed, and the tip 
of the longest lobe of the tail, measured while the halibut is lying 
flat in natural repose, without resort to any force other than the 
swinging or fanning of the tail.''
    (3) Participation in the sea cucumber fishery. A trawl vessel will 
be considered to be participating in the sea cucumber fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50[min] N. lat.); and
    (iii) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code, section

[[Page 230]]

8405, which requires a permit issued by the State of California.
    (e) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for pink shrimp. Trip limits for groundfish retained 
in the pink shrimp fishery are in Tables 5 (North) and 5 (South) of this 
subpart. Notwithstanding Sec. 660.370(h)(7), a vessel that takes and 
retains pink shrimp and also takes and retains groundfish in either the 
limited entry or another open access fishery during the same applicable 
cumulative limit period that it takes and retains pink shrimp (which may 
be 1 month or 2 months, depending on the fishery and the time of year), 
may retain the larger of the two limits, but only if the limit(s) for 
each gear or fishery are not exceeded when operating in that fishery or 
with that gear. The limits are not additive; the vessel may not retain a 
separate trip limit for each fishery.

[69 FR 77036, Dec. 23, 2004, as amended at 70 FR 38599, July 5, 2005; 70 
FR 65862, Nov. 1, 2005; 71 FR 8497, Feb. 17, 2006; 71 FR 24605, Apr. 26, 
2006; 71 FR 78658, Dec. 29, 2006; 72 FR 69173, Dec. 7, 2007; 74 FR 9890, 
Mar. 6, 2009]



Sec. 660.384  Recreational fishery management measures.

    (a) General. Federal recreational groundfish regulations are not 
intended to supersede any more restrictive state recreational groundfish 
regulations relating to federally-managed groundfish. The bag limits 
include fish taken in both state and Federal waters.
    (b) Gear restrictions. The only types of fishing gear authorized for 
recreational fishing are hook-and-line and spear. Spears may be 
propelled by hand or by mechanical means. More fishery-specific gear 
restrictions may be required by state as noted in paragraph (c) of this 
section (e.g. California's recreational ``other flatfish'' fishery).
    (c) State-specific recreational fishery management measures. Federal 
recreational groundfish regulations are not intended to supersede any 
more restrictive State recreational groundfish regulations relating to 
federally-managed groundfish. Off the coast of Washington, Oregon, and 
California, boat limits apply, whereby each fisher aboard a vessel may 
continue to use angling gear until the combined daily limits of 
groundfish for all licensed and juvenile anglers aboard has been 
attained (additional state restrictions on boat limits may apply).
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 15 groundfish per 
day, including rockfish and lingcod, and is open year-round (except for 
lingcod). In the Pacific halibut fisheries, retention of groundfish is 
governed in part by annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register. South of 
Leadbetter Point, WA to the Washington/Oregon border, when Pacific 
halibut are onboard the vessel, no groundfish may be taken and retained, 
possessed or landed, except sablefish and Pacific cod. The following 
sublimits and closed areas apply:
    (i) Recreational Groundfish Conservation Areas off Washington. (A) 
North Coast Recreational Yelloweye Rockfish Conservation Area. 
Recreational fishing for groundfish and halibut is prohibited within the 
North Coast Recreational Yelloweye Rockfish Conservation Area (YRCA).It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land groundfish taken with recreational gear within the 
North Coast Recreational YRCA.A vessel fishing in the North Coast 
Recreational YRCA may not be in possession of any 
groundfish.Recreational vessels may transit through the North Coast 
Recreational YRCA with or without groundfish on board.The North Coast 
Recreational YRCA is defined by latitude and longitude coordinates 
specified at Sec. 660.390.
    (B) South Coast Recreational Yelloweye Rockfish Conservation 
Area.Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA.It is unlawful for recreational 
fishing vessels to take and retain, possess, or land groundfish taken 
with recreational gear within the South Coast Recreational YRCA.A vessel 
fishing in the South Coast Recreational YRCA may not be in possession of 
any groundfish.Recreational vessels may transit through the South Coast 
Recreational YRCA with or without groundfish on board.The South Coast 
Recreational YRCA is defined by

[[Page 231]]

latitude and longitude coordinates specified at Sec. 660.390.
    (C) Westport Offshore Recreational Yelloweye Rockfish Conservation 
Area. Recreational fishing for groundfish and halibut is prohibited 
within the Westport Offshore Recreational YRCA. It is unlawful for 
recreational fishing vessels to take and retain, possess, or land 
groundfish taken with recreational gear within the Westport Offshore 
Recreational YRCA. A vessel fishing in the Westport Offshore 
Recreational YRCA may not be in possession of any groundfish. 
Recreational vessels may transit through the Westport Offshore 
Recreational YRCA with or without groundfish on board. The Westport 
Offshore Recreational YRCA is defined by latitude and longitude 
coordinates specified at Sec. 660.390.
    (D) Recreational Rockfish Conservation Area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA. It is 
unlawful to take and retain, possess, or land groundfish taken with 
recreational gear within the recreational RCA.A vessel fishing in the 
recreational RCA may not be in possession of any groundfish. [For 
example, if a vessel participates in the recreational salmon fishery 
within the RCA, the vessel cannot be in possession of groundfish while 
in the RCA. The vessel may, however, on the same trip fish for and 
retain groundfish shoreward of the RCA on the return trip to port.]
    (1) Between the U.S. border with Canada and the Queets River, 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20-fm (37-m) depth contour from May 21 through 
September 30, except on days when the Pacific halibut fishery is open in 
this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Coordinates for the boundary line approximating the 20-fm (37-
m) depth contour are listed in Sec. 660.391.
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for groundfish is prohibited seaward of a boundary line 
approximating the 30-fm (55-m) depth contour from March 15 through June 
15, except that recreational fishing for sablefish and Pacific cod is 
permitted within the recreational RCA from May 1 through June 15, and on 
days that the primary halibut fishery is open lingcod may be taken, 
retained and possessed seaward of the boundary line approximating the 
30-fm (55-m) depth contour. Days open to Pacific halibut recreational 
fishing off Washington are announced on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. Retention of lingcod seaward of the boundary 
line approximating the 30-fm (55-m) depth contour south of 46[deg]58' N. 
lat. is prohibited on Fridays and Saturdays from July 1 through August 
31. For additional regulations regarding the Washington recreational 
lingcod fishery, see paragraph (c)(1)(iii) of this section. Coordinates 
for the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec. 660.391.
    (ii) Rockfish. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, there is a 10 rockfish per day 
bag limit. Taking and retaining canary rockfish and yelloweye rockfish 
is prohibited.
    (iii) Lingcod. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing and when the recreational season 
for lingcod is open, there is a bag limit of 2 lingcod per day, which 
may be no smaller than 22 in (56 cm) total length. The recreational 
fishing season for lingcod is open as follows:
    (A) Between the U.S./Canada border to 48[deg]10[min] N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2009, from April 16 through October 15, and for 2010, from 
April 16 through October 15.
    (B) Between 48[deg]10[min] N. lat. (Cape Alava) and 46[deg]16[min] 
N. lat. (Washington/Oregon border) (Washington Marine Areas 1-3), 
recreational fishing for lingcod is open for 2009, from March 14 through 
October 17, and for 2010, from March 13 through October 16.
    (2) Oregon--(i) Recreational Groundfish Conservation Areas off 
Oregon.(A) Stonewall Bank Yelloweye Rockfish Conservation 
Area.Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land

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groundfish taken with recreational gear within the Stonewall Bank YRCA.A 
vessel fishing in the Stonewall Bank YRCA may not be in possession of 
any groundfish.Recreational vessels may transit through the Stonewall 
Bank YRCA with or without groundfish on board.The Stonewall Bank YRCA is 
defined by latitude and longitude coordinates specified at Sec. 
660.390.
    (B) Recreational Rockfish Conservation Area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA, a type 
of closed area or GCA. It is unlawful to take and retain, possess, or 
land groundfish taken with recreational gear within the recreational 
RCA. A vessel fishing in the recreational RCA may not be in possession 
of any groundfish. [For example, if a vessel participates in the 
recreational salmon fishery within the RCA, the vessel cannot be in 
possession of groundfish while in the RCA. The vessel may, however, on 
the same trip fish for and retain groundfish shoreward of the RCA on the 
return trip to port.] Off Oregon, from April 1 through September 30, 
recreational fishing for groundfish is prohibited seaward of a 
recreational RCA boundary line approximating the 40 fm (73 m) depth 
contour. Coordinates for the boundary line approximating the 40 fm (73 
m) depth contour are listed at Sec. 660.391.
    (C) Essential Fish Habitat Conservation Areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.396 
through 660.399, where specified types of fishing are 
prohibited.Prohibitions applying to specific EFHCAs are found at Sec. 
660.306.
    (ii) Seasons. Recreational fishing for groundfish is open from 
January 1 through December 31, subject to the closed areas described in 
paragraph (c)(2) of this section.
    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are three 
lingcod per day, which may be no smaller than 22 in (56 cm) total 
length; and 10 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines), but which includes rockfish, 
greenling, cabezon and other groundfish species. The bag limit for all 
flatfish is 25 fish per day, which excludes Pacific halibut, but which 
includes all soles, flounders and Pacific sanddabs. In the Pacific 
halibut fisheries, retention of groundfish is governed in part by annual 
management measures for Pacific halibut fisheries, which are published 
in the Federal Register. Between the Oregon border with Washington and 
Cape Falcon, when Pacific halibut are onboard the vessel, groundfish may 
not be taken and retained, possessed or landed, except sablefish and 
Pacific cod. Between Cape Falcon and Humbug Mountain, during days open 
to the Oregon Central Coast ``all-depth'' sport halibut fishery, when 
Pacific halibut are onboard the vessel, no groundfish may be taken and 
retained, possessed or landed, except sablefish and Pacific cod. ``All-
depth'' season days are established in the annual management measures 
for Pacific halibut fisheries, which are published in the Federal 
Register and are announced on the NMFS halibut hotline, 1-800-662-9825. 
The minimum size limit for cabezon retained in the recreational fishery 
is 16-in (41-cm), and for greenling is 10-in (26-cm). Taking and 
retaining canary rockfish and yelloweye rockfish is prohibited at all 
times and in all areas.
    (3) California. Seaward of California, California law provides that, 
in times and areas when the recreational fishery is open, there is a 20 
fish bag limit for all species of finfish, within which no more than 10 
fish of any one species may be taken or possessed by any one 
person.[Note:There are some exceptions to this rule.The following 
groundfish species are not subject to a bag limit:petrale sole, Pacific 
sanddab and starry flounder.]For groundfish species not specifically 
mentioned in this paragraph, fishers are subject to the overall 20-fish 
bag limit for all species of finfish and the depth restrictions at 
paragraph (c)(3)(i) of this section.Recreational spearfishing for all 
federally-managed groundfish, except lingcod during January, February, 
March, and December, is exempt from closed areas and seasons, consistent

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with Title 14 of the California Code of Regulations.This exemption 
applies only to recreational vessels and divers provided no other 
fishing gear, except spearfishing gear, is on board the 
vessel.California state law may provide regulations similar to Federal 
regulations for the following state-managed species:ocean whitefish, 
California sheephead, and all greenlings of the genus Hexagrammos.Kelp 
greenling is the only federally-managed greenling.Retention of cowcod, 
yelloweye rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas.For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
    (i) Recreational Groundfish Conservation Areas off California. A 
Groundfish Conservation Area (GCA), a type of closed area, is a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude. The following GCAs apply to participants in California's 
recreational fishery.
    (A) Recreational Rockfish Conservation Areas. The recreational RCAs 
are areas that are closed to recreational fishing for groundfish. 
Fishing for groundfish with recreational gear is prohibited within the 
recreational RCA, except that recreational fishing for ``other 
flatfish'' is permitted within the recreational RCA as specified in 
paragraph (c)(3)(iv) of this section. It is unlawful to take and retain, 
possess, or land groundfish taken with recreational gear within the 
recreational RCA, unless otherwise authorized in this section. A vessel 
fishing in the recreational RCA may not be in possession of any species 
prohibited by the restrictions that apply within the recreational RCA. 
[For example, if a vessel participates in the recreational salmon 
fishery within the RCA, the vessel cannot be in possession of rockfish 
while in the RCA. The vessel may, however, on the same trip fish for and 
retain rockfish shoreward of the RCA on the return trip to port.]
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for all 
groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through September 15; and is closed entirely from 
January 1 through May 14 and from September 16 through December 31 
(i.e., prohibited seaward of the shoreline).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North-Central North of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through August 15; and is closed entirely from 
January 1 through May 14 and from August 16 through December 31 (i.e. , 
prohibited seaward of the shoreline).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North-Central South of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the boundary line 
approximating the 30-fm (55-m) depth contour along the mainland coast 
and along islands and offshore seamounts from June 13 through October 
31; and is closed entirely from January 1 through June 12 and from 
November 1 through December 31 (i.e., prohibited seaward of the 
shoreline). Closures around the Farallon Islands (see paragraph 
(c)(3)(i)(C) of this section) and Cordell Banks (see paragraph 
(c)(3)(i)(D) of this section) also apply in this area. Coordinates for 
the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec. 660.391.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited

[[Page 234]]

seaward of the shoreline). Coordinates for the boundary line 
approximating the 40-fm (73-m) depth contour are specified in Sec. 
660.391.
    (5) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 40-fm (73-m) depth contour are specified 
in Sec. 660.391.
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for all groundfish (except California scorpionfish as specified 
below in this paragraph and in paragraph (v) of this section and ``other 
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is 
prohibited seaward of a boundary line approximating the 60-fm (110-m) 
depth contour from March 1 through December 31 along the mainland coast 
and along islands and offshore seamounts, except in the CCAs where 
fishing is prohibited seaward of the 20-fm (37-m) depth contour when the 
fishing season is open (see paragraph (c)(3)(i)(B) of this section). 
Recreational fishing for all groundfish (except California scorpionfish 
and ``other flatfish'') is closed entirely from January 1 through 
February 28 (i.e., prohibited seaward of the shoreline). Recreational 
fishing for California scorpionfish south of 34[deg]27[min] N. lat. is 
prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour from January 1 through February 28, and seaward of the 60-
fm (110-m) depth contour from March 1 through December 31, except in the 
CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth 
contour when the fishing season is open. Coordinates for the boundary 
line approximating the 40-fm (73-m) and 60-fm (110-m) depth contours are 
specified in Sec. Sec. 660.391 and 660.392.
    (B) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390. In general, recreational fishing for all 
groundfish is prohibited within the CCAs, except that fishing for 
``other flatfish'' is permitted within the CCAs as specified in 
paragraph (c)(3)(iv) of this section. However, recreational fishing for 
the following species is permitted shoreward of the 20 fm (37 m) depth 
contour when the season for those species is open south of 
34[deg]27[min] N. lat.:Minor nearshore rockfish, cabezon, kelp 
greenling, lingcod, California scorpionfish, and ``other flatfish'' 
(subject to gear requirements at paragraph (c)(3)(iv) of this section 
during January-February). [NOTE:California state regulations also permit 
recreational fishing for California sheephead, ocean whitefish, and all 
greenlings of the genus Hexagrammos shoreward of the 20 fm (37 m) depth 
contour in the CCAs when the season for the RCG complex is open south of 
34[deg]27[min] N. lat.] It is unlawful to take and retain, possess, or 
land groundfish within the CCAs, except for species authorized in this 
section.
    (C) Farallon Islands. Under California state law, recreational 
fishing for groundfish is prohibited between the shoreline and the 10-fm 
(18-m) depth contour around the Farallon Islands, except that 
recreational fishing for ``other flatfish'' is permitted around the 
Farallon Islands as specified in paragraph (c)(3)(iv) of this section. 
(Note: California state regulations also prohibit the retention of other 
greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.) For a definition of the Farallon Islands, see Sec. 660.390.
    (D) Cordell Banks. Recreational fishing for groundfish is prohibited 
in waters less than 100 fm (183 m) around Cordell Banks as defined by 
specific latitude and longitude coordinates at Sec. 660.390, except 
that recreational fishing for ``other flatfish'' is permitted around 
Cordell Banks as specified in paragraph (c)(3)(iv) of this section. 
[Note: California state regulations also prohibit fishing for all 
greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.]

[[Page 235]]

    (E) Point St. George Yelloweye Rockfish Conservation Area (YRCA). 
Recreational fishing for groundfish is prohibited within the Point St. 
George YRCA, as defined by latitude and longitude coordinates at Sec. 
660.390, on dates when the closure is in effect. The closure is not in 
effect at this time, and recreational fishing for groundfish is open 
within the Point St. George YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment.
    (F) South Reef YRCA. Recreational fishing for groundfish is 
prohibited within the South Reef YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the South Reef YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment.
    (G) Reading Rock YRCA. Recreational fishing for groundfish is 
prohibited within the Reading Rock YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the Reading Rock YRCA from January 
1 through December 31. This closure may be imposed through inseason 
adjustment.
    (H) Point Delgada (North) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (North) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(North) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (I) Point Delgada (South) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (South) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(South) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (J) Essential Fish Habitat Conservation Areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.396 
through 660.399, where specified types of fishing are 
prohibited.Prohibitions applying to specific EFHCAs are found at Sec. 
660.306.
    (ii) RCG Complex. The California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in state regulations (Section 1.91, 
Title 14, California Code of Regulations), includes all rockfish, kelp 
greenling, rock greenling, and cabezon. This category does not include 
California scorpionfish, also known as ``sculpin.
    (A) Seasons. When recreational fishing for the RCG Complex is open, 
it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10[min] N. lat. (North Region), recreational fishing for the RCG 
complex is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
the RCG Complex is open from May 15 through August 15 (i.e. it's closed 
from January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
the RCG Complex is open from June 13 through October 31 (i.e. it's 
closed from January 1 through June 12 and November 1 through December 
31.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for the RCG Complex is open 
from May 1 through November 15 (i.e. it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region),

[[Page 236]]

recreational fishing for the RCG Complex is open from May 1 through 
November 15 (i.e. it's closed from January 1 through April 30 and from 
November 16 through December 31).
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for the RCG Complex is open from March 1 through December 31 
(i.e. it's closed from January 1 through February 28.
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for rockfish. The bag limit is 10 RCG 
Complex fish per day coastwide. Retention of canary rockfish, yelloweye 
rockfish, bronzespotted and cowcod is prohibited. Within the 10 RCG 
Complex fish per day limit, no more than 2 may be bocaccio, no more than 
2 may be greenling (kelp and/or other greenlings) and no more than 2 may 
be cabezon. Multi-day limits are authorized by a valid permit issued by 
California and must not exceed the daily limit multiplied by the number 
of days in the fishing trip.
    (C) Size limits. The following size limits apply: bocaccio may be no 
smaller than 10 in (25 cm) total length; cabezon may be no smaller than 
15 in (38 cm) total length; and kelp and other greenling may be no 
smaller than 12 in (30 cm) total length.
    (D) Dressing/Fileting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be fileted at sea. Rockfish 
skin may not be removed when fileting or otherwise dressing rockfish 
taken in the recreational fishery. The following rockfish filet size 
limits apply: bocaccio filets may be no smaller than 5 in (12.8 cm) and 
brown-skinned rockfish fillets may be no smaller than 6.5 in (16.6 cm). 
``Brown-skinned'' rockfish include the following species: brown, calico, 
copper, gopher, kelp, olive, speckled, squarespot, and yellowtail.
    (iii) Lingcod--(A) Seasons. When recreational fishing for lingcod is 
open, it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for 
lingcod is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
lingcod is open from May 15 through August 15 (i.e. it's closed from 
January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
lingcod is open from June 13 through October 31 (i.e. it's closed from 
January 1 through June 12 and November 1 through December 31.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for lingcod is open from April 1 through November 30 (i.e. it's 
closed from January 1 through March 31 and from December 1 through 31).
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for lingcod is open, there is a limit of 2 hooks and 
1 line when fishing for lingcod. The bag limit is 2 lingcod per day. 
Multi-day limits are authorized by a valid permit issued by California 
and must not exceed the daily limit multiplied by the number of days in 
the fishing trip.
    (C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total 
length.
    (D) Dressing/Fileting. Lingcod filets may be no smaller than 16 in 
(41 cm) in length.
    (iv) ``Other flatfish''. Coastwide off California, recreational 
fishing for ``other flatfish'' is permitted both shoreward of and within 
the closed areas described in paragraph (c)(3)(i) of this section. 
``Other flatfish'' are defined at Sec. 660.302 and include butter

[[Page 237]]

sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, 
and sand sole. Recreational fishing for ``other flatfish'' is permitted 
within the closed areas. ``Other flatfish,'' except Pacific sanddab, are 
subject to the overall 20-fish bag limit for all species of finfish, of 
which there may be no more than 10 fish of any one species. There is no 
season restriction or size limit for ``other flatfish;'' however, it is 
prohibited to filet ``other flatfish'' at sea.
    (v) California scorpionfish. California scorpionfish predominately 
occur south of 40[deg]10[min] N. lat.
    (A) Seasons. When recreational fishing for California scorpionfish 
is open, it is permitted only outside of the recreational RCAs described 
in paragraph (c)(3)(i) of this section.
    (1) Between 40[deg]10[min] N. lat. and 37[deg]11[min] N. lat. (North 
Central Region), recreational fishing for California scorpionfish is 
open from June 1 through November 30 (i.e., it[min]s closed from January 
1 through May 31 and from December 1 through December 31).
    (2) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (3) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (4) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for California scorpionfish is open from January 1 through 
December 31.
    (B) Bag limits, hook limits. South of 40[deg]10.00[min] N. lat., in 
times and areas where the recreational season for California 
scorpionfish is open, the bag limit is 5 California scorpionfish per 
day. California scorpionfish do not count against the 10 RCG Complex 
fish per day limit. Multi-day limits are authorized by a valid permit 
issued by California and must not exceed the daily limit multiplied by 
the number of days in the fishing trip.
    (C) Size limits. California scorpionfish may be no smaller than 10 
in (25 cm) total length.
    (D) Dressing/Fileting. California scorpionfish filets may be no 
smaller than 5 in (12.8 cm) and must bear an intact 1 in (2.6 cm) square 
patch of skin.

[69 FR 77038, Dec. 23, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
660.384, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 660.385  Washington coastal tribal fisheries management measures.

    In 1994, the United States formally recognized that the four 
Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and 
Quinault) have treaty rights to fish for groundfish in the Pacific 
Ocean, and concluded that, in general terms, the quantification of those 
rights is 50 percent of the harvestable surplus of groundfish that pass 
through the tribes usual and accustomed fishing areas (described at 
Sec. 660.324). Measures implemented to minimize adverse impacts to 
groundfish EFH, as described in Sec. 660.306, do not apply to tribal 
fisheries in their usual and accustomed fishing areas (described in 
Sec. 660.324). Treaty fisheries operating within tribal allocations are 
prohibited from operating outside ususal and accustomed fishing areas. 
Tribal fishery allocations for sablefish and whiting, are provided in 
paragraphs (a) and (e) of this section, respectively, and the tribal 
harvest guideline for black rockfish is provided in paragraph (b)(1) of 
this section. Trip limits for certain species were recommended by the 
tribes and the Council and are specified here with the tribal 
allocations.
    (a) Sablefish. The tribal allocation is 694 mt per year. This 
allocation is, for each year, 10 percent of the Monterey through 
Vancouver area (North of 36[deg] N. lat.) OY, less 1.6 percent estimated 
discard mortality.
    (b) Rockfish. The tribes will require full retention of all 
overfished rockfish species and all other marketable rockfish species 
during treaty fisheries.

[[Page 238]]

    (1) Black Rockfish. For the commercial harvest of black rockfish off 
Washington State, a harvest guideline of: 30,000 lb (13,608 kg) north of 
Cape Alava, WA (48[deg]10[min] N. lat.) and 10,000 lb (4,536 kg) between 
Destruction Island, WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA 
(46[deg]38.17[min] N. lat.). There are no tribal harvest restrictions 
for black rockfish in the area between Cape Alava and Destruction 
Island.
    (2) Thornyheads. The tribes will manage their fisheries to the 
limited entry trip limits in place at the beginning on the year for both 
shortspine and longspine thornyheads as follows:
    (i) Trawl gear. (A) Shortspine thornyhead cumulative trip limits are 
as follows:
    (1) Small and large footrope trawl gear-17,000 lb (7,711-kg) per 2 
months.
    (2) Selective flatfish trawl gear- 3,000-lb (1,361-kg) per 2 months.
    (3) Multiple bottom trawl gear- 3,000-lb (1,361-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are as follows:
    (1) Small and large footrope trawl gear- 22,000-lb (9,979-kg) per 2 
months.
    (2) Selective flatfish trawl gear-5,000-lb (2,268-kg) per 2 months.
    (3) Multiple bottom trawl gear-5,000-lb (2,268-kg) per 2 months.
    (ii) Fixed gear. (A) Shortspine thornyhead cumulative trip limits 
are 2,000-lb (907-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are 10,000-lb 
(4,536-kg) per 2 months.
    (3) Canary rockfish are subject to a 300-lb (136-kg) trip limit.
    (4) Yelloweye rockfish are subject to a 100-lb (45-kg) trip limit.
    (5) The Makah Tribe will manage the midwater trawl fisheries as 
follows: yellowtail rockfish taken in the directed tribal mid-water 
trawl fisheries are subject to a cumulative limit of 180,000 lb (81,647 
kg) per 2 month period for the entire fleet. Landings of widow rockfish 
must not exceed 10 percent of the weight of yellowtail rockfish landed, 
for a given vessel, throughout the year. These limits may be adjusted by 
the tribe inseason to minimize the incidental catch of canary rockfish 
and widow rockfish, provided the average 2-month cumulative yellowtail 
rockfish limit does not exceed 180,000 lb (81,647 kg) for the fleet.
    (6) Other rockfish, including minor nearshore, minor shelf, and 
minor slope rockfish groups are subject to a 300-lb (136-kg) trip limit 
per species or species group, or to the non-tribal limited entry trip 
limit for those species if those limits are less restrictive than 300 lb 
(136 kg) per trip.
    (c) Lingcod. Lingcod taken in the treaty fisheries are subject to an 
overall expected total lingcod catch of 250 mt.
    (d) Flatfish and other fish. Treaty fishing vessels using bottom 
trawl gear are subject to the limits applicable to the non-tribal 
limited entry trawl fishery for Dover sole, English sole, rex sole, 
arrowtooth flounder, and other flatfish in place at the beginning of the 
season.For Dover sole and arrowtooth flounder, the limited entry trip 
limits in place at the beginning of the season will be combined across 
periods and the fleet to create a cumulative harvest target.The limits 
available to individual vessels will then be adjusted inseason to stay 
within the overall harvest target as well as estimated impacts to 
overfished species.For petrale sole, treaty fishing vessels are 
restricted to a 50,000 lb (22,680 kg) per 2 month limit for the entire 
year.Trawl vessels are restricted to using small footrope trawl gear.
    (e) Pacific whiting--The tribal allocation for 2010 is 49,939 mt.
    (f) Pacific cod. There is a tribal harvest guideline of 400 mt of 
Pacific cod. The tribes will manage their fisheries to stay within this 
harvest guideline.
    (g) Spiny dogfish. The tribes will manage their spiny dogfish 
fishery within the limited entry trip limits for the non-tribal 
fisheries.

[69 FR 77041, Dec. 23, 2004, as amended at 70 FR 22812, May 3, 2005; 71 
FR 8498, Feb. 17, 2006; 71 FR 27415, May 11, 2006; 71 FR 37844, July 3, 
2006; 71 FR 78663, Dec. 29, 2006; 72 FR 53167, Sept. 18, 2007; 72 FR 
71589, Dec. 18, 2007; 73 FR 26329, May 9, 2008; 74 FR 9893, Mar. 6, 
2009; 75 FR 8825, Feb. 26, 2010; 75 FR 23626, May 4, 2010]



Sec. 660.390  Groundfish conservation areas.

    In Sec. 660.302, a groundfish conservation area is defined in part 
as ``a geographic area defined by coordinates expressed

[[Page 239]]

in degrees latitude and longitude, wherein fishing by a particular gear 
type or types may be prohibited.'' While some groundfish conservation 
areas may be designed with the intent that their shape be determined by 
ocean bottom depth contours, their shapes are defined in regulation by 
latitude/longitude coordinates and are enforced by those coordinates. 
Latitude/longitude coordinates designating the large-scale boundaries 
for rockfish conservation areas are found in Sec. Sec. 660.391 through 
660.394. Fishing activity that is prohibited or permitted within a 
particular groundfish conservation area is detailed at Sec. Sec. 
660.381 through 660.384.
    (a) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The North Coast Recreational Yelloweye Rockfish Conservation Area (YRCA) 
is a C-shaped area off the northern Washington coast intended to protect 
yelloweye rockfish. The North Coast Recreational YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 48[deg]18.00[min] N. lat.; 125[deg]18.00[min] W. long.;
    (2) 48[deg]18.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (3) 48[deg]11.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (4) 48[deg]11.00[min] N. lat.; 125[deg]11.00[min] W. long.;
    (5) 48[deg]04.00[min] N. lat.; 125[deg]11.00[min] W. long.;
    (6) 48[deg]04.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (7) 48[deg]00.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (8) 48[deg]00.00[min] N. lat.; 125[deg]18.00[min] W. long.;
    and connecting back to 48[deg]18.00[min] N. lat.; 125[deg]18.00[min] 
W. long.
    (b) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
North Coast Commercial Yelloweye Rockfish Conservation Area (YRCA) is an 
area off the northern Washington coast, overlapping the northern part of 
North Coast Recreational YRCA, intended to protect yelloweye rockfish. 
The North Coast Commercial YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 48[deg]11.77[min] N. lat., 125[deg]13.03[min] W. long.;
    (2) 48[deg]16.43[min] N. lat., 125[deg]07.55[min] W. long.;
    (3) 48[deg]14.72[min] N. lat., 125[deg]01.84[min] W. long.;
    (4) 48[deg]13.36[min] N. lat., 125[deg]03.20[min] W. long.;
    (5) 48[deg]12.74[min] N. lat., 125[deg]05.83[min] W. long.;
    (6) 48[deg]11.55[min] N. lat., 125[deg]04.99[min] W. long.;
    (7) 48[deg]09.96[min] N. lat., 125[deg]06.63[min] W. long.;
    (8) 48[deg]09.68[min] N. lat., 125[deg]08.75[min] W. long.;
    and connecting back to 48[deg]11.77[min] N. lat., 125[deg]13.03[min] 
W. long.
    (c) Salmon Troll Yelloweye Rockfish Conservation Area. The Salmon 
Troll Yelloweye Rockfish Conservation Area (YRCA) is an area off the 
northern Washington coast, overlapping the southern part of North Coast 
Recreational YRCA, intended to protect yelloweye rockfish.The Salmon 
Troll YRCA is defined by straight lines connecting the following 
specific latitude and longitude coordinates in the order listed:
    (1) 48[deg]00.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (2) 48[deg]02.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (3) 48[deg]02.00[min] N. lat., 125[deg]16.50[min] W. long.;
    (4) 48[deg]00.00[min] N. lat., 125[deg]16.50[min] W. long.; and 
connecting back to 48[deg]00.00[min] N. lat., 125[deg]14.00[min] W. 
long.
    (d) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The South Coast Recreational Yelloweye Rockfish Conservation Area (YRCA) 
is an area off the southern Washington coast intended to protect 
yelloweye rockfish. The South Coast Recreational YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 46[deg]58.00[min] N. lat., 124[deg]48.00[min] W. long.;
    (2) 46[deg]55.00[min] N. lat., 124[deg]48.00[min] W. long.;
    (3) 46[deg]55.00[min] N. lat., 124[deg]49.00[min] W. long.;
    (4) 46[deg]58.00[min] N. lat., 124[deg]49.00[min] W. long.; and 
connecting back to 46[deg]58.00[min] N. lat., 124[deg]48.00[min] W. 
long.
    (e) Westport Offshore Recreational YRCA. The Westport Offshore 
Recreational YRCA is an area off the southern Washington coast intended 
to protect yelloweye rockfish. The Westport Recreational YRCA is defined 
by straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 46[deg]54.30[min] N. lat., 124[deg]53.40[min] W. long.;
    (2) 46[deg]54.30[min] N. lat., 124[deg]51.00[min] W. long.;
    (3) 46[deg]53.30[min] N. lat., 124[deg]51.00[min] W. long.;
    (4) 46[deg]53.30[min] N. lat., 124[deg]53.40[min] W. long.; and 
connecting back to 46[deg]54.30[min] N. lat., 124[deg]53.40[min] W. 
long.
    (f) Stonewall Bank Yelloweye Rockfish Conservation Area. The 
Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) is an area 
off central Oregon, near Stonewall Bank, intended to protect yelloweye 
rockfish.The Stonewall Bank YRCA is defined by straight lines

[[Page 240]]

connecting the following specific latitude and longitude coordinates in 
the order listed:
    (1) 44[deg]37.46[min] N. lat.; 124[deg]24.92[min] W. long.;
    (2) 44[deg]37.46[min] N. lat.; 124[deg]23.63[min] W. long.;
    (3) 44[deg]28.71[min] N. lat.; 124[deg]21.80[min] W. long.;
    (4) 44[deg]28.71[min] N. lat.; 124[deg]24.10[min] W. long.;
    (5) 44[deg]31.42[min] N. lat.; 124[deg]25.47[min] W. long.;
    and connecting back to 44[deg]37.46[min] N. lat.; 124[deg]24.92[min] 
W. long.
    (g) Point St. George YRCA. The Point St. George YRCA is an area off 
the northern California coast, northwest of Point St. George, intended 
to protect yelloweye rockfish. The Point St. George YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]51.00[min] N. lat., 124[deg]23.75[min] W. long.;
    (2) 41[deg]51.00[min] N. lat., 124[deg]20.75[min] W. long.;
    (3) 41[deg]48.00[min] N. lat., 124[deg]20.75[min] W. long.;
    (4) 41[deg]48.00[min] N. lat., 124[deg]23.75[min] W. long.; and 
connecting back to 41[deg]51.00[min] N. lat., 124[deg]23.75[min] W. 
long.
    (h) South Reef YRCA. The South Reef YRCA is an area off the northern 
California coast, southwest of Crescent City, intended to protect 
yelloweye rockfish. The South Reef YRCA is defined by straight lines 
connecting the following specific latitude and longitude coordinates in 
the order listed:
    (1) 41[deg]42.20[min] N. lat., 124[deg]16.00[min] W. long.;
    (2) 41[deg]42.20[min] N. lat., 124[deg]13.80[min] W. long.;
    (3) 41[deg]40.50[min] N. lat., 124[deg]13.80[min] W. long.;
    (4) 41[deg]40.50[min] N. lat., 124[deg]16.00[min] W. long.; and 
connecting back to 41[deg]42.20[min] N. lat., 124[deg]16.00[min] W. 
long.
    (i) Reading Rock YRCA. The Reading Rock YRCA is an area off the 
northern California coast, between Crescent City and Eureka, intended to 
protect yelloweye rockfish. The Reading Rock YRCA is defined by straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]21.50[min] N. lat., 124[deg]12.00[min] W. long.;
    (2) 41[deg]21.50[min] N. lat., 124[deg]10.00[min] W. long.;
    (3) 41[deg]20.00[min] N. lat., 124[deg]10.00[min] W. long.;
    (4) 41[deg]20.00[min] N. lat., 124[deg]12.00[min] W. long.; and 
connecting back to 41[deg]21.50[min] N. lat., 124[deg]12.00[min] W. 
long.
    (j) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off 
the northern California coast, south of Point Delgada and Shelter Cove, 
intended to protect yelloweye rockfish. The Northern Point Delgada YRCA 
is defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]59.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (3) 39[deg]57.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (4) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. 
long.
    (k) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is 
defined by straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]57.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (3) 39[deg]54.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (4) 39[deg]54.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. 
long.
    (l) Cowcod Conservation Areas. The Cowcod Conservation Areas (CCAs) 
are two areas off the southern California coast intended to protect 
cowcod. The Western CCA is an area south of Point Conception defined by 
the straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 33[deg]50.00[min] N. lat., 119[deg]30.00[min] W. long.;
    (2) 33[deg]50.00[min] N. lat., 118[deg]50.00[min] W. long.;
    (3) 32[deg]20.00[min] N. lat., 118[deg]50.00[min] W. long.;
    (4) 32[deg]20.00[min] N. lat., 119[deg]37.00[min] W. long.;
    (5) 33[deg]00.00[min] N. lat., 119[deg]37.00[min] W. long.;
    (6) 33[deg]00.00[min] N. lat., 119[deg]53.00[min] W. long.;
    (7) 33[deg]33.00[min] N. lat., 119[deg]53.00[min] W. long.;
    (8) 33[deg]33.00[min] N. lat., 119[deg]30.00[min] W. long.;
    and connecting back to 33[deg]50.00[min] N. lat., 119[deg]30.00[min] 
W. long.
    (m) The Eastern CCA is an area west of San Diego defined by the 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 32[deg]42.00[min] N. lat., 118[deg]02.00[min] W. long.;
    (2) 32[deg]42.00[min] N. lat., 117[deg]50.00[min] W. long.;
    (3) 32[deg]36.70[min] N. lat., 117[deg]50.00[min] W. long.;
    (4) 32[deg]30.00[min] N. lat., 117[deg]53.50[min] W. long.;
    (5) 32[deg]30.00[min] N. lat., 118[deg]02.00[min] W. long.;
    and connecting back to 32[deg]42.00[min] N. lat., 118[deg]02.00[min] 
W. long.
    (n) Farallon Islands. The Farallon Islands, off San Francisco and 
San Mateo Counties, include Southeast Farallon Island, Middle Farallon 
Island, North Farallon Island and Noon Day Rock. Generally, the State of 
California prohibits fishing for groundfish between

[[Page 241]]

the shoreline and the 10-fm (18-m) depth contour around the Farallon 
Islands.
    (o) Cordell Banks. Cordell Banks are located offshore of 
California[min]s Marin County. Generally, fishing for groundfish is 
prohibited in waters of depths less than 100-fm (183-m) around Cordell 
Banks as defined by specific latitude and longitude coordinates. The 
Cordell Banks closed area is defined by straight lines connecting the 
following specific latitude and longitude coordinates in the order 
listed:
    (1) 38[deg]03.18[min] N. lat., 123[deg]20.77[min] W. long.;
    (2) 38[deg]06.29[min] N. lat., 123[deg]25.03[min] W. long.;
    (3) 38[deg]06.34[min] N. lat., 123[deg]29.32[min] W. long.;
    (4) 38[deg]04.57[min] N. lat., 123[deg]31.30[min] W. long.;
    (5) 38[deg]02.32[min] N. lat., 123[deg]31.07[min] W. long.;
    (6) 38[deg]00.00[min] N. lat., 123[deg]28.40[min] W. long.;
    (7) 37[deg]58.10[min] N. lat., 123[deg]26.66[min] W. long.;
    (8) 37[deg]55.07[min] N. lat., 123[deg]26.81[min] W. long.;
    (9) 38[deg]00.00[min] N. lat., 123[deg]23.08[min] W. long.;
    and connecting back to 38[deg]03.18[min] N. lat., 123[deg]20.77[min] 
W. long.
    (p) Rockfish Conservation Areas. RCA restrictions are detailed at 
Sec. Sec. 660.381 through 660.384.RCAs may apply to a single gear type 
or to a group of gear types such as ``trawl RCAs'' or ``non-trawl 
RCAs.'' Specific latitude and longitude coordinates for RCA boundaries 
that approximate the depth contours selected for trawl, non-trawl, and 
recreational RCAs are provided in Sec. Sec. 660.391 through 
660.394.Also provided in Sec. Sec. 660.391 through 660.394 are 
references to islands and rocks that serve as reference points for the 
RCAs.
    (1) Trawl (Limited Entry and Open Access Nongroundfish Trawl Gears) 
Rockfish Conservation Areas. Trawl RCAs are intended to protect a 
complex of species, such as overfished shelf rockfish species, and have 
boundaries defined by specific latitude and longitude coordinates 
intended to approximate particular depth contours. Boundaries for the 
trawl RCA throughout the year are provided in Tables 3 and 5 (North) and 
Tables 3 and 5 (South) and may be modified by NMFS inseason pursuant to 
Sec. 660.370(c). Trawl RCA boundaries are defined by specific latitude 
and longitude coordinates and are provided in Sec. Sec. 660.391 through 
660.394.
    (2) Non-Trawl (Limited Entry Fixed Gear and Open Access Non-trawl 
Gears) Rockfish Conservation Areas. Non-trawl RCAs are intended to 
protect a complex of species, such as overfished shelf rockfish species, 
and have boundaries defined by specific latitude and longitude 
coordinates intended to approximate particular depth contours. 
Boundaries for the non-trawl RCA throughout the year are provided in 
Tables 4 and 5 (North) and Tables 4 and 5 (South) of this subpart and 
may be modified by NMFS inseason pursuant to Sec. 660.370(c). Non-trawl 
RCA boundaries are defined by specific latitude and longitude 
coordinates and are provided in Sec. Sec. 660.391 through 660.394.
    (3) Recreational Rockfish Conservation Areas. Recreational RCAs are 
closed areas intended to protect overfished rockfish species. 
Recreational RCAs may either have boundaries defined by general depth 
contours or boundaries defined by specific latitude and longitude 
coordinates intended to approximate particular depth contours. 
Boundaries for the recreational RCAs throughout the year are provided in 
the text in Sec. 660.384(c) under each state (Washington, Oregon and 
California) and may be modified by NMFS inseason pursuant to Sec. 
660.370. Recreational RCA boundaries are defined by specific latitude 
and longitude coordinates and are provided in Sec. Sec. 660.391 through 
660.394.

[71 FR 78663, Dec. 29, 2006, as amended at 72 FR 53167, Sept. 18, 2007; 
74 FR 9893, Mar. 6, 2009]



Sec. 660.391  Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 10-fm (18-m) through 40-fm (73-m) depth contours.
    (a) The 10-fm (18-m) depth contour between the U.S. border with 
Canada and 46[deg]16[min] N. lat. is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]23.80[min] N. lat., 124[deg]44.18[min] W. long.;
    (2) 48[deg]23.60[min] N. lat., 124[deg]44.80[min] W. long.;
    (3) 48[deg]23.45[min] N. lat., 124[deg]44.80[min] W. long.;
    (4) 48[deg]23.30[min] N. lat., 124[deg]44.20[min] W. long.;
    (5) 48[deg]22.20[min] N. lat., 124[deg]44.30[min] W. long.;
    (6) 48[deg]20.25[min] N. lat., 124[deg]42.20[min] W. long.;

[[Page 242]]

    (7) 48[deg]12.80[min] N. lat., 124[deg]43.10[min] W. long.;
    (8) 48[deg]11.10[min] N. lat., 124[deg]46.50[min] W. long.;
    (9) 48[deg]10.00[min] N. lat., 124[deg]46.50[min] W. long.;
    (10) 48[deg]08.50[min] N. lat., 124[deg]44.20[min] W. long.;
    (11) 47[deg]59.40[min] N. lat., 124[deg]42.50[min] W. long.;
    (12) 47[deg]52.60[min] N. lat., 124[deg]38.80[min] W. long.;
    (13) 47[deg]51.50[min] N. lat., 124[deg]34.60[min] W. long.;
    (14) 47[deg]39.80[min] N. lat., 124[deg]28.10[min] W. long.;
    (15) 47[deg]31.70[min] N. lat., 124[deg]26.30[min] W. long.;
    (16) 47[deg]25.20[min] N. lat., 124[deg]24.80[min] W. long.;
    (17) 47[deg]09.80[min] N. lat., 124[deg]15.20[min] W. long.;
    (18) 46[deg]54.40[min] N. lat., 124[deg]14.80[min] W. long.;
    (19) 46[deg]48.30[min] N. lat., 124[deg]10.25[min] W. long.;
    (20) 46[deg]38.17[min] N. lat., 124[deg]10.30[min] W. long.;
    (21) 46[deg]27.20[min] N. lat., 124[deg]06.50[min] W. long.; and
    (22) 46[deg]16.00[min] N. lat., 124[deg]10.00[min] W. long.
    (b) The 20-fm (37-m) depth contour between the U.S. border with 
Canada and 42[deg] N. lat. is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 48[deg]23.90[min] N. lat., 124[deg]44.20[min] W. long.;
    (2) 48[deg]23.60[min] N. lat., 124[deg]44.90[min] W. long.;
    (3) 48[deg]18.60[min] N. lat., 124[deg]43.60[min] W. long.;
    (4) 48[deg]18.60[min] N. lat., 124[deg]48.20[min] W. long.;
    (5) 48[deg]10.00[min] N. lat., 124[deg]48.80[min] W. long.;
    (6) 48[deg]02.40[min] N. lat., 124[deg]49.30[min] W. long.;
    (7) 47[deg]37.60[min] N. lat., 124[deg]34.30[min] W. long.;
    (8) 47[deg]31.70[min] N. lat., 124[deg]32.40[min] W. long.;
    (9) 47[deg]17.90[min] N. lat., 124[deg]25.00[min] W. long.;
    (10) 46[deg]58.80[min] N. lat., 124[deg]18.30[min] W. long.;
    (11) 46[deg]47.40[min] N. lat., 124[deg]12.70[min] W. long.;
    (12) 46[deg]38.17[min] N. lat., 124[deg]12.40[min] W. long.;
    (13) 46[deg]16.00[min] N. lat., 124[deg]11.50[min] W. long.;
    (14) 46[deg]16.01[min] N. lat., 124[deg]11.56[min] W. long.;
    (15) 46[deg]15.09[min] N. lat., 124[deg]11.33[min] W. long.;
    (16) 46[deg]11.94[min] N. lat., 124[deg]08.51[min] W. long.;
    (17) 46[deg]08.02[min] N. lat., 124[deg]04.06[min] W. long.;
    (18) 46[deg]05.05[min] N. lat., 124[deg]02.13[min] W. long.;
    (19) 46[deg]02.19[min] N. lat., 124[deg]01.35[min] W. long.;
    (20) 45[deg]58.28[min] N. lat., 124[deg]01.70[min] W. long.;
    (21) 45[deg]55.64[min] N. lat., 124[deg]01.16[min] W. long.;
    (22) 45[deg]52.61[min] N. lat., 124[deg]00.33[min] W. long.;
    (23) 45[deg]48.43[min] N. lat., 124[deg]00.65[min] W. long.;
    (24) 45[deg]46.59[min] N. lat., 124[deg]00.79[min] W. long.;
    (25) 45[deg]45.00[min] N. lat., 124[deg]00.54[min] W. long.;
    (26) 45[deg]46.00[min] N. lat., 124[deg]00.53[min] W. long.;
    (27) 45[deg]44.75[min] N. lat., 123[deg]59.92[min] W. long.;
    (28) 45[deg]44.57[min] N. lat., 123[deg]59.64[min] W. long.;
    (29) 45[deg]41.86[min] N. lat., 123[deg]58.82[min] W. long.;
    (30) 45[deg]36.40[min] N. lat., 123[deg]59.42[min] W. long.;
    (31) 45[deg]34.10[min] N. lat., 123[deg]59.90[min] W. long.;
    (32) 45[deg]32.81[min] N. lat., 124[deg]00.35[min] W. long.;
    (33) 45[deg]29.87[min] N. lat., 124[deg]00.98[min] W. long.;
    (34) 45[deg]27.49[min] N. lat., 124[deg]00.79[min] W. long.;
    (35) 45[deg]25.37[min] N. lat., 124[deg]00.73[min] W. long.;
    (36) 45[deg]22.06[min] N. lat., 124[deg]01.66[min] W. long.;
    (37) 45[deg]17.27[min] N. lat., 124[deg]00.76[min] W. long.;
    (38) 45[deg]14.09[min] N. lat., 124[deg]00.75[min] W. long.;
    (39) 45[deg]12.50[min] N. lat., 124[deg]00.53[min] W. long.;
    (40) 45[deg]11.92[min] N. lat., 124[deg]01.62[min] W. long.;
    (41) 45[deg]11.02[min] N. lat., 124[deg]00.60[min] W. long.;
    (42) 45[deg]10.08[min] N. lat., 124[deg]00.58[min] W. long.;
    (43) 45[deg]05.51[min] N. lat., 124[deg]02.15[min] W. long.;
    (44) 45[deg]03.83[min] N. lat., 124[deg]02.55[min] W. long.;
    (45) 45[deg]01.03[min] N. lat., 124[deg]03.22[min] W. long.;
    (46) 44[deg]57.98[min] N. lat., 124[deg]04.29[min] W. long.;
    (47) 44[deg]55.37[min] N. lat., 124[deg]04.39[min] W. long.;
    (48) 44[deg]51.56[min] N. lat., 124[deg]05.54[min] W. long.;
    (49) 44[deg]45.24[min] N. lat., 124[deg]06.47[min] W. long.;
    (50) 44[deg]42.69[min] N. lat., 124[deg]06.73[min] W. long.;
    (51) 44[deg]33.86[min] N. lat., 124[deg]07.43[min] W. long.;
    (52) 44[deg]29.78[min] N. lat., 124[deg]07.62[min] W. long.;
    (53) 44[deg]28.53[min] N. lat., 124[deg]07.93[min] W. long.;
    (54) 44[deg]23.71[min] N. lat., 124[deg]08.30[min] W. long.;
    (55) 44[deg]21.75[min] N. lat., 124[deg]08.79[min] W. long.;
    (56) 44[deg]20.99[min] N. lat., 124[deg]08.48[min] W. long.;
    (57) 44[deg]17.29[min] N. lat., 124[deg]08.82[min] W. long.;
    (58) 44[deg]11.90[min] N. lat., 124[deg]09.44[min] W. long.;
    (59) 44[deg]03.25[min] N. lat., 124[deg]10.33[min] W. long.;
    (60) 43[deg]52.69[min] N. lat., 124[deg]12.01[min] W. long.;
    (61) 43[deg]42.94[min] N. lat., 124[deg]13.88[min] W. long.;
    (62) 43[deg]41.44[min] N. lat., 124[deg]14.47[min] W. long.;
    (63) 43[deg]36.60[min] N. lat., 124[deg]14.92[min] W. long.;
    (64) 43[deg]29.85[min] N. lat., 124[deg]17.35[min] W. long.;
    (65) 43[deg]25.00[min] N. lat., 124[deg]20.84[min] W. long.;
    (66) 43[deg]21.61[min] N. lat., 124[deg]24.09[min] W. long.;
    (67) 43[deg]20.83[min] N. lat., 124[deg]24.74[min] W. long.;
    (68) 43[deg]20.51[min] N. lat., 124[deg]25.01[min] W. long.;
    (69) 43[deg]19.33[min] N. lat., 124[deg]25.43[min] W. long.;
    (70) 43[deg]16.18[min] N. lat., 124[deg]26.02[min] W. long.;
    (71) 43[deg]14.39[min] N. lat., 124[deg]26.17[min] W. long.;
    (72) 43[deg]13.94[min] N. lat., 124[deg]26.72[min] W. long.;
    (73) 43[deg]13.39[min] N. lat., 124[deg]26.41[min] W. long.;
    (74) 43[deg]11.39[min] N. lat., 124[deg]26.90[min] W. long.;
    (75) 43[deg]10.06[min] N. lat., 124[deg]28.24[min] W. long.;
    (76) 43[deg]07.48[min] N. lat., 124[deg]28.65[min] W. long.;
    (77) 43[deg]06.67[min] N. lat., 124[deg]28.63[min] W. long.;
    (78) 43[deg]06.43[min] N. lat., 124[deg]28.22[min] W. long.;
    (79) 43[deg]03.09[min] N. lat., 124[deg]28.52[min] W. long.;
    (80) 42[deg]57.55[min] N. lat., 124[deg]30.74[min] W. long.;
    (81) 42[deg]52.91[min] N. lat., 124[deg]35.03[min] W. long.;
    (82) 42[deg]51.58[min] N. lat., 124[deg]36.43[min] W. long.;
    (83) 42[deg]50.00[min] N. lat., 124[deg]37.13[min] W. long.;
    (84) 42[deg]49.85[min] N. lat., 124[deg]37.20[min] W. long.;
    (85) 42[deg]46.07[min] N. lat., 124[deg]36.98[min] W. long.;
    (86) 42[deg]46.03[min] N. lat., 124[deg]34.76[min] W. long.;
    (87) 42[deg]45.37[min] N. lat., 124[deg]33.59[min] W. long.;
    (88) 42[deg]43.91[min] N. lat., 124[deg]32.14[min] W. long.;
    (89) 42[deg]41.73[min] N. lat., 124[deg]29.20[min] W. long.;
    (90) 42[deg]40.50[min] N. lat., 124[deg]28.95[min] W. long.;
    (91) 42[deg]40.49[min] N. lat., 124[deg]28.95[min] W. long.;
    (92) 42[deg]40.06[min] N. lat., 124[deg]28.94[min] W. long.;
    (93) 42[deg]39.74[min] N. lat., 124[deg]27.80[min] W. long.;
    (94) 42[deg]37.53[min] N. lat., 124[deg]26.39[min] W. long.;
    (95) 42[deg]34.33[min] N. lat., 124[deg]26.56[min] W. long.;
    (96) 42[deg]32.81[min] N. lat., 124[deg]27.55[min] W. long.;

[[Page 243]]

    (97) 42[deg]31.66[min] N. lat., 124[deg]29.58[min] W. long.;
    (98) 42[deg]30.70[min] N. lat., 124[deg]30.91[min] W. long.;
    (99) 42[deg]29.20[min] N. lat., 124[deg]31.27[min] W. long.;
    (100) 42[deg]27.52[min] N. lat., 124[deg]30.79[min] W. long.;
    (101) 42[deg]24.70[min] N. lat., 124[deg]29.65[min] W. long.;
    (102) 42[deg]23.93[min] N. lat., 124[deg]28.60[min] W. long.;
    (103) 42[deg]19.35[min] N. lat., 124[deg]27.23[min] W. long.;
    (104) 42[deg]14.87[min] N. lat., 124[deg]26.14[min] W. long.;
    (105) 42[deg]11.85[min] N. lat., 124[deg]23.78[min] W. long.;
    (106) 42[deg]08.08[min] N. lat., 124[deg]22.91[min] W. long.;
    (107) 42[deg]07.04[min] N. lat., 124[deg]22.66[min] W. long.;
    (108) 42[deg]05.17[min] N. lat., 124[deg]21.41[min] W. long.;
    (109) 42[deg]04.16[min] N. lat., 124[deg]20.55[min] W. long.;
    (110) 42[deg]02.12[min] N. lat., 124[deg]20.51[min] W. long.;
    (111) 42[deg]01.42[min] N. lat., 124[deg]20.29[min] W. long.; and
    (112) 42[deg]00.00[min] N. lat., 124[deg]19.61[min] W. long.
    (c) The 25-fm (46-m) depth contour between the Queets River, WA, and 
42[deg] N. lat. is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 47[deg]31.70[min] N. lat., 124[deg]34.70[min] W. long.;
    (2) 47[deg]25.70[min] N. lat., 124[deg]33.00[min] W. long.;
    (3) 47[deg]12.80[min] N. lat., 124[deg]26.00[min] W. long.;
    (4) 46[deg]53.00[min] N. lat., 124[deg]21.00[min] W. long.;
    (5) 46[deg]44.20[min] N. lat., 124[deg]15.00[min] W. long.;
    (6) 46[deg]38.17[min] N. lat., 124[deg]13.70[min] W. long.;
    (7) 46[deg]16.00[min] N. lat., 124[deg]12.50[min] W. long.;
    (8) 46[deg]15.99[min] N. lat., 124[deg]12.04[min] W. long.;
    (9) 46[deg]13.72[min] N. lat., 124[deg]11.04[min] W. long.;
    (10) 46[deg]09.50[min] N. lat., 124[deg]07.62[min] W. long.;
    (11) 46[deg]04.00[min] N. lat., 124[deg]03.20[min] W. long.;
    (12) 45[deg]57.61[min] N. lat., 124[deg]01.85[min] W. long.;
    (13) 45[deg]51.73[min] N. lat., 124[deg]01.06[min] W. long.;
    (14) 45[deg]47.27[min] N. lat., 124[deg]01.22[min] W. long.;
    (15) 45[deg]46.00[min] N. lat., 124[deg]00.94[min] W. long.;
    (16) 45[deg]43.19[min] N. lat., 124[deg]00.32[min] W. long.;
    (17) 45[deg]36.11[min] N. lat., 124[deg]00.38[min] W. long.;
    (18) 45[deg]32.95[min] N. lat., 124[deg]01.38[min] W. long.;
    (19) 45[deg]27.47[min] N. lat., 124[deg]01.46[min] W. long.;
    (20) 45[deg]23.18[min] N. lat., 124[deg]01.94[min] W. long.;
    (21) 45[deg]19.04[min] N. lat., 124[deg]01.29[min] W. long.;
    (22) 45[deg]16.79[min] N. lat., 124[deg]01.90[min] W. long.;
    (23) 45[deg]13.54[min] N. lat., 124[deg]01.64[min] W. long.;
    (24) 45[deg]09.56[min] N. lat., 124[deg]01.94[min] W. long.;
    (25) 45[deg]06.15[min] N. lat., 124[deg]02.38[min] W. long.;
    (26) 45[deg]03.83[min] N. lat., 124[deg]02.96[min] W. long.;
    (27) 45[deg]00.77[min] N. lat., 124[deg]03.72[min] W. long.;
    (28) 44[deg]49.08[min] N. lat., 124[deg]06.49[min] W. long.;
    (29) 44[deg]40.06[min] N. lat., 124[deg]08.14[min] W. long.;
    (30) 44[deg]36.64[min] N. lat., 124[deg]08.51[min] W. long.;
    (31) 44[deg]29.41[min] N. lat., 124[deg]09.24[min] W. long.;
    (32) 44[deg]25.18[min] N. lat., 124[deg]09.37[min] W. long.;
    (33) 44[deg]16.34[min] N. lat., 124[deg]10.30[min] W. long.;
    (34) 44[deg]12.16[min] N. lat., 124[deg]10.82[min] W. long.;
    (35) 44[deg]06.59[min] N. lat., 124[deg]11.00[min] W. long.;
    (36) 44[deg]02.09[min] N. lat., 124[deg]11.24[min] W. long.;
    (37) 43[deg]57.82[min] N. lat., 124[deg]11.60[min] W. long.;
    (38) 43[deg]53.44[min] N. lat., 124[deg]12.34[min] W. long.;
    (39) 43[deg]49.19[min] N. lat., 124[deg]13.08[min] W. long.;
    (40) 43[deg]45.19[min] N. lat., 124[deg]13.73[min] W. long.;
    (41) 43[deg]41.22[min] N. lat., 124[deg]14.59[min] W. long.;
    (42) 43[deg]37.52[min] N. lat., 124[deg]15.05[min] W. long.;
    (43) 43[deg]33.97[min] N. lat., 124[deg]16.00[min] W. long.;
    (44) 43[deg]29.72[min] N. lat., 124[deg]17.78[min] W. long.;
    (45) 43[deg]27.63[min] N. lat., 124[deg]19.11[min] W. long.;
    (46) 43[deg]20.83[min] N. lat., 124[deg]25.24[min] W. long.;
    (47) 43[deg]20.66[min] N. lat., 124[deg]25.39[min] W. long.;
    (48) 43[deg]15.57[min] N. lat., 124[deg]26.86[min] W. long.;
    (49) 43[deg]06.88[min] N. lat., 124[deg]29.30[min] W. long.;
    (50) 43[deg]03.37[min] N. lat., 124[deg]29.06[min] W. long.;
    (51) 43[deg]01.03[min] N. lat., 124[deg]29.41[min] W. long.;
    (52) 42[deg]56.59[min] N. lat., 124[deg]31.93[min] W. long.;
    (53) 42[deg]54.08[min] N. lat., 124[deg]34.55[min] W. long.;
    (54) 42[deg]51.16[min] N. lat., 124[deg]37.02[min] W. long.;
    (55) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (56) 42[deg]49.27[min] N. lat., 124[deg]37.73[min] W. long.;
    (57) 42[deg]46.02[min] N. lat., 124[deg]37.54[min] W. long.;
    (58) 42[deg]45.76[min] N. lat., 124[deg]35.68[min] W. long.;
    (59) 42[deg]42.25[min] N. lat., 124[deg]30.47[min] W. long.;
    (60) 42[deg]40.51[min] N. lat., 124[deg]29.00[min] W. long.;
    (61) 42[deg]40.00[min] N. lat., 124[deg]29.01[min] W. long.;
    (62) 42[deg]39.64[min] N. lat., 124[deg]28.28[min] W. long.;
    (63) 42[deg]38.80[min] N. lat., 124[deg]27.57[min] W. long.;
    (64) 42[deg]35.42[min] N. lat., 124[deg]26.77[min] W. long.;
    (65) 42[deg]33.13[min] N. lat., 124[deg]29.06[min] W. long.;
    (66) 42[deg]31.44[min] N. lat., 124[deg]30.71[min] W. long.;
    (67) 42[deg]29.03[min] N. lat., 124[deg]31.71[min] W. long.;
    (68) 42[deg]24.98[min] N. lat., 124[deg]29.95[min] W. long.;
    (69) 42[deg]20.05[min] N. lat., 124[deg]28.16[min] W. long.;
    (70) 42[deg]14.24[min] N. lat., 124[deg]26.03[min] W. long.;
    (71) 42[deg]10.23[min] N. lat., 124[deg]23.93[min] W. long.;
    (72) 42[deg]06.20[min] N. lat., 124[deg]22.70[min] W. long.;
    (73) 42[deg]04.66[min] N. lat., 124[deg]21.49[min] W. long.;
    (74) 42[deg]00.00[min] N. lat., 124[deg]20.80[min] W. long.;
    (d) The 25-fm (46-m) depth contour between the Queets River, WA, and 
42[deg] N. lat., modified to reduce impacts on canary and yelloweye 
rockfish by shifting the line shoreward in the area between 
47[deg]31.70[min] N. lat. and 46[deg]44.18[min] N. lat., is defined by 
straight lines connecting all of the following points in the order 
stated:
    (1) 47[deg]31.70[min] N. lat., 124[deg]34.66[min] W. long.;

[[Page 244]]

    (2) 47[deg]25.67[min] N. lat., 124[deg]32.78[min] W. long.;
    (3) 47[deg]12.82[min] N. lat., 124[deg]26.00[min] W. long.;
    (4) 46[deg]52.94[min] N. lat., 124[deg]18.94[min] W. long.;
    (5) 46[deg]44.18[min] N. lat., 124[deg]14.89[min] W. long.;
    (6) 46[deg]38.17[min] N. lat., 124[deg]13.70[min] W. long.;
    (7) 46[deg]16.00[min] N. lat., 124[deg]12.50[min] W. long.;
    (8) 46[deg]15.99[min] N. lat., 124[deg]12.04[min] W. long.;
    (9) 46[deg]13.72[min] N. lat., 124[deg]11.04[min] W. long.;
    (10) 46[deg]09.50[min] N. lat., 124[deg]07.62[min] W. long.;
    (11) 46[deg]04.00[min] N. lat., 124[deg]03.20[min] W. long.;
    (12) 45[deg]57.61[min] N. lat., 124[deg]01.85[min] W. long.;
    (13) 45[deg]51.73[min] N. lat., 124[deg]01.06[min] W. long.;
    (14) 45[deg]47.27[min] N. lat., 124[deg]01.22[min] W. long.;
    (15) 45[deg]46.00[min] N. lat., 124[deg]00.94[min] W. long.;
    (16) 45[deg]43.19[min] N. lat., 124[deg]00.32[min] W. long.;
    (17) 45[deg]36.11[min] N. lat., 124[deg]00.38[min] W. long.;
    (18) 45[deg]32.95[min] N. lat., 124[deg]01.38[min] W. long.;
    (19) 45[deg]27.47[min] N. lat., 124[deg]01.46[min] W. long.;
    (20) 45[deg]23.18[min] N. lat., 124[deg]01.94[min] W. long.;
    (21) 45[deg]19.04[min] N. lat., 124[deg]01.29[min] W. long.;
    (22) 45[deg]16.79[min] N. lat., 124[deg]01.90[min] W. long.;
    (23) 45[deg]13.54[min] N. lat., 124[deg]01.64[min] W. long.;
    (24) 45[deg]09.56[min] N. lat., 124[deg]01.94[min] W. long.;
    (25) 45[deg]06.15[min] N. lat., 124[deg]02.38[min] W. long.;
    (26) 45[deg]03.83[min] N. lat., 124[deg]02.96[min] W. long.;
    (27) 45[deg]00.77[min] N. lat., 124[deg]03.72[min] W. long.;
    (28) 44[deg]49.08[min] N. lat., 124[deg]06.49[min] W. long.;
    (29) 44[deg]40.06[min] N. lat., 124[deg]08.14[min] W. long.;
    (30) 44[deg]36.64[min] N. lat., 124[deg]08.51[min] W. long.;
    (31) 44[deg]29.41[min] N. lat., 124[deg]09.24[min] W. long.;
    (32) 44[deg]25.18[min] N. lat., 124[deg]09.37[min] W. long.;
    (33) 44[deg]16.34[min] N. lat., 124[deg]10.30[min] W. long.;
    (34) 44[deg]12.16[min] N. lat., 124[deg]10.82[min] W. long.;
    (35) 44[deg]06.59[min] N. lat., 124[deg]11.00[min] W. long.;
    (36) 44[deg]02.09[min] N. lat., 124[deg]11.24[min] W. long.;
    (37) 43[deg]57.82[min] N. lat., 124[deg]11.60[min] W. long.;
    (38) 43[deg]53.44[min] N. lat., 124[deg]12.34[min] W. long.;
    (39) 43[deg]49.19[min] N. lat., 124[deg]13.08[min] W. long.;
    (40) 43[deg]45.19[min] N. lat., 124[deg]13.73[min] W. long.;
    (41) 43[deg]41.22[min] N. lat., 124[deg]14.59[min] W. long.;
    (42) 43[deg]37.52[min] N. lat., 124[deg]15.05[min] W. long.;
    (43) 43[deg]33.97[min] N. lat., 124[deg]16.00[min] W. long.;
    (44) 43[deg]29.72[min] N. lat., 124[deg]17.78[min] W. long.;
    (45) 43[deg]27.63[min] N. lat., 124[deg]19.11[min] W. long.;
    (46) 43[deg]20.83[min] N. lat., 124[deg]25.24[min] W. long.;
    (47) 43[deg]20.66[min] N. lat., 124[deg]25.39[min] W. long.;
    (48) 43[deg]15.57[min] N. lat., 124[deg]26.86[min] W. long.;
    (49) 43[deg]06.88[min] N. lat., 124[deg]29.30[min] W. long.;
    (50) 43[deg]03.37[min] N. lat., 124[deg]29.06[min] W. long.;
    (51) 43[deg]01.03[min] N. lat., 124[deg]29.41[min] W. long.;
    (52) 42[deg]56.59[min] N. lat., 124[deg]31.93[min] W. long.;
    (53) 42[deg]54.08[min] N. lat., 124[deg]34.55[min] W. long.;
    (54) 42[deg]51.16[min] N. lat., 124[deg]37.02[min] W. long.;
    (55) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (56) 42[deg]49.27[min] N. lat., 124[deg]37.73[min] W. long.;
    (57) 42[deg]46.02[min] N. lat., 124[deg]37.54[min] W. long.;
    (58) 42[deg]45.76[min] N. lat., 124[deg]35.68[min] W. long.;
    (59) 42[deg]42.25[min] N. lat., 124[deg]30.47[min] W. long.;
    (60) 42[deg]40.51[min] N. lat., 124[deg]29.00[min] W. long.;
    (61) 42[deg]40.00[min] N. lat., 124[deg]29.01[min] W. long.;
    (62) 42[deg]39.64[min] N. lat., 124[deg]28.28[min] W. long.;
    (63) 42[deg]38.80[min] N. lat., 124[deg]27.57[min] W. long.;
    (64) 42[deg]35.42[min] N. lat., 124[deg]26.77[min] W. long.;
    (65) 42[deg]33.13[min] N. lat., 124[deg]29.06[min] W. long.;
    (66) 42[deg]31.44[min] N. lat., 124[deg]30.71[min] W. long.;
    (67) 42[deg]29.03[min] N. lat., 124[deg]31.71[min] W. long.;
    (68) 42[deg]24.98[min] N. lat., 124[deg]29.95[min] W. long.;
    (69) 42[deg]20.05[min] N. lat., 124[deg]28.16[min] W. long.;
    (70) 42[deg]14.24[min] N. lat., 124[deg]26.03[min] W. long.;
    (71) 42[deg]10.23[min] N. lat., 124[deg]23.93[min] W. long.;
    (72) 42[deg]06.20[min] N. lat., 124[deg]22.70[min] W. long.;
    (73) 42[deg]04.66[min] N. lat., 124[deg]21.49[min] W. long.; and
    (74) 42[deg]00.00[min] N. lat., 124[deg]20.80[min] W. long.
    (e) The 30-fm (55-m) depth contour between the U.S. border with 
Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]24.79[min] N. lat., 124[deg]44.07[min] W. long.;
    (2) 48[deg]24.80[min] N. lat., 124[deg]44.74[min] W. long.;
    (3) 48[deg]23.94[min] N. lat., 124[deg]44.70[min] W. long.;
    (4) 48[deg]23.51[min] N. lat., 124[deg]45.01[min] W. long.;
    (5) 48[deg]22.59[min] N. lat., 124[deg]44.97[min] W. long.;
    (6) 48[deg]21.75[min] N. lat., 124[deg]45.26[min] W. long.;
    (7) 48[deg]21.23[min] N. lat., 124[deg]47.78[min] W. long.;
    (8) 48[deg]20.32[min] N. lat., 124[deg]49.53[min] W. long.;
    (9) 48[deg]16.72[min] N. lat., 124[deg]51.58[min] W. long.;
    (10) 48[deg]10.00[min] N. lat., 124[deg]52.58[min] W. long.;
    (11) 48[deg]05.63[min] N. lat., 124[deg]52.91[min] W. long.;
    (12) 47[deg]53.37[min] N. lat., 124[deg]47.37[min] W. long.;
    (13) 47[deg]40.28[min] N. lat., 124[deg]40.07[min] W. long.;
    (14) 47[deg]31.70[min] N. lat., 124[deg]37.03[min] W. long.;
    (15) 47[deg]25.67[min] N. lat., 124[deg]34.79[min] W. long.;
    (16) 47[deg]12.82[min] N. lat., 124[deg]29.12[min] W. long.;
    (17) 46[deg]52.94[min] N. lat., 124[deg]22.58[min] W. long.;
    (18) 46[deg]44.18[min] N. lat., 124[deg]18.00[min] W. long.;
    (19) 46[deg]38.17[min] N. lat., 124[deg]15.88[min] W. long.;
    (20) 46[deg]29.53[min] N. lat., 124[deg]15.89[min] W. long.;
    (21) 46[deg]19.27[min] N. lat., 124[deg]14.15[min] W. long.;
    (22) 46[deg]16.00[min] N. lat., 124[deg]13.04[min] W. long.;
    (23) 46[deg]07.00[min] N. lat., 124[deg]07.01[min] W. long.;
    (24) 45[deg]55.95[min] N. lat., 124[deg]02.23[min] W. long.;
    (25) 45[deg]54.53[min] N. lat., 124[deg]02.57[min] W. long.;
    (26) 45[deg]50.65[min] N. lat., 124[deg]01.62[min] W. long.;
    (27) 45[deg]48.20[min] N. lat., 124[deg]02.16[min] W. long.;
    (28) 45[deg]46.00[min] N. lat., 124[deg]01.86[min] W. long.;
    (29) 45[deg]43.46[min] N. lat., 124[deg]01.28[min] W. long.;
    (30) 45[deg]40.48[min] N. lat., 124[deg]01.03[min] W. long.;
    (31) 45[deg]39.04[min] N. lat., 124[deg]01.68[min] W. long.;
    (32) 45[deg]35.48[min] N. lat., 124[deg]01.90[min] W. long.;
    (33) 45[deg]29.81[min] N. lat., 124[deg]02.45[min] W. long.;
    (34) 45[deg]27.97[min] N. lat., 124[deg]01.90[min] W. long.;
    (35) 45[deg]27.22[min] N. lat., 124[deg]02.66[min] W. long.;
    (36) 45[deg]24.20[min] N. lat., 124[deg]02.94[min] W. long.;
    (37) 45[deg]20.60[min] N. lat., 124[deg]01.74[min] W. long.;
    (38) 45[deg]20.25[min] N. lat., 124[deg]01.85[min] W. long.;

[[Page 245]]

    (39) 45[deg]16.44[min] N. lat., 124[deg]03.22[min] W. long.;
    (40) 45[deg]13.63[min] N. lat., 124[deg]02.69[min] W. long.;
    (41) 45[deg]11.05[min] N. lat., 124[deg]03.59[min] W. long.;
    (42) 45[deg]08.55[min] N. lat., 124[deg]03.47[min] W. long.;
    (43) 45[deg]03.82[min] N. lat., 124[deg]04.43[min] W. long.;
    (44) 45[deg]02.81[min] N. lat., 124[deg]04.64[min] W. long.;
    (45) 44[deg]58.06[min] N. lat., 124[deg]05.03[min] W. long.;
    (46) 44[deg]53.97[min] N. lat., 124[deg]06.92[min] W. long.;
    (47) 44[deg]48.89[min] N. lat., 124[deg]07.04[min] W. long.;
    (48) 44[deg]46.94[min] N. lat., 124[deg]08.25[min] W. long.;
    (49) 44[deg]42.72[min] N. lat., 124[deg]08.98[min] W. long.;
    (50) 44[deg]38.16[min] N. lat., 124[deg]11.48[min] W. long.;
    (51) 44[deg]33.38[min] N. lat., 124[deg]11.54[min] W. long.;
    (52) 44[deg]28.51[min] N. lat., 124[deg]12.04[min] W. long.;
    (53) 44[deg]27.65[min] N. lat., 124[deg]12.56[min] W. long.;
    (54) 44[deg]19.67[min] N. lat., 124[deg]12.37[min] W. long.;
    (55) 44[deg]10.79[min] N. lat., 124[deg]12.22[min] W. long.;
    (56) 44[deg]09.22[min] N. lat., 124[deg]12.28[min] W. long.;
    (57) 44[deg]08.30[min] N. lat., 124[deg]12.30[min] W. long.;
    (58) 44[deg]00.22[min] N. lat., 124[deg]12.80[min] W. long.;
    (59) 43[deg]51.56[min] N. lat., 124[deg]13.18[min] W. long.;
    (60) 43[deg]44.26[min] N. lat., 124[deg]14.50[min] W. long.;
    (61) 43[deg]33.82[min] N. lat., 124[deg]16.28[min] W. long.;
    (62) 43[deg]28.66[min] N. lat., 124[deg]18.72[min] W. long.;
    (63) 43[deg]23.12[min] N. lat., 124[deg]24.04[min] W. long.;
    (64) 43[deg]20.83[min] N. lat., 124[deg]25.67[min] W. long.;
    (65) 43[deg]20.48[min] N. lat., 124[deg]25.90[min] W. long.;
    (66) 43[deg]16.41[min] N. lat., 124[deg]27.52[min] W. long.;
    (67) 43[deg]14.23[min] N. lat., 124[deg]29.28[min] W. long.;
    (68) 43[deg]14.03[min] N. lat., 124[deg]28.31[min] W. long.;
    (69) 43[deg]11.92[min] N. lat., 124[deg]28.26[min] W. long.;
    (70) 43[deg]11.02[min] N. lat., 124[deg]29.11[min] W. long.;
    (71) 43[deg]10.13[min] N. lat., 124[deg]29.15[min] W. long.;
    (72) 43[deg]09.26[min] N. lat., 124[deg]31.03[min] W. long.;
    (73) 43[deg]07.73[min] N. lat., 124[deg]30.92[min] W. long.;
    (74) 43[deg]05.93[min] N. lat., 124[deg]29.64[min] W. long.;
    (75) 43[deg]01.59[min] N. lat., 124[deg]30.64[min] W. long.;
    (76) 42[deg]59.72[min] N. lat., 124[deg]31.16[min] W. long.;
    (77) 42[deg]53.75[min] N. lat., 124[deg]36.09[min] W. long.;
    (78) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (79) 42[deg]50.00[min] N. lat., 124[deg]38.39[min] W. long.;
    (80) 42[deg]49.37[min] N. lat., 124[deg]38.81[min] W. long.;
    (81) 42[deg]46.42[min] N. lat., 124[deg]37.69[min] W. long.;
    (82) 42[deg]46.07[min] N. lat., 124[deg]38.56[min] W. long.;
    (83) 42[deg]45.29[min] N. lat., 124[deg]37.95[min] W. long.;
    (84) 42[deg]45.61[min] N. lat., 124[deg]36.87[min] W. long.;
    (85) 42[deg]44.27[min] N. lat., 124[deg]33.64[min] W. long.;
    (86) 42[deg]42.75[min] N. lat., 124[deg]31.84[min] W. long.;
    (87) 42[deg]40.50[min] N. lat., 124[deg]29.67[min] W. long.;
    (88) 42[deg]40.04[min] N. lat., 124[deg]29.20[min] W. long.;
    (89) 42[deg]38.09[min] N. lat., 124[deg]28.39[min] W. long.;
    (90) 42[deg]36.73[min] N. lat., 124[deg]27.54[min] W. long.;
    (91) 42[deg]36.56[min] N. lat., 124[deg]28.40[min] W. long.;
    (92) 42[deg]35.77[min] N. lat., 124[deg]28.79[min] W. long.;
    (93) 42[deg]34.03[min] N. lat., 124[deg]29.98[min] W. long.;
    (94) 42[deg]34.19[min] N. lat., 124[deg]30.58[min] W. long.;
    (95) 42[deg]31.27[min] N. lat., 124[deg]32.24[min] W. long.;
    (96) 42[deg]27.07[min] N. lat., 124[deg]32.53[min] W. long.;
    (97) 42[deg]24.21[min] N. lat., 124[deg]31.23[min] W. long.;
    (98) 42[deg]20.47[min] N. lat., 124[deg]28.87[min] W. long.;
    (99) 42[deg]14.60[min] N. lat., 124[deg]26.80[min] W. long.;
    (100) 42[deg]13.67[min] N. lat., 124[deg]26.25[min] W. long.;
    (101) 42[deg]10.90[min] N. lat., 124[deg]24.56[min] W. long.;
    (102) 42[deg]07.04[min] N. lat., 124[deg]23.35[min] W. long.;
    (103) 42[deg]02.16[min] N. lat., 124[deg]22.59[min] W. long.;
    (104) 42[deg]00.00[min] N. lat., 124[deg]21.81[min] W. long.;
    (105) 41[deg]55.75[min] N. lat., 124[deg]20.72[min] W. long.;
    (106) 41[deg]50.93[min] N. lat., 124[deg]23.76[min] W. long.;
    (107) 41[deg]42.53[min] N. lat., 124[deg]16.47[min] W. long.;
    (108) 41[deg]37.20[min] N. lat., 124[deg]17.05[min] W. long.;
    (109) 41[deg]24.58[min] N. lat., 124[deg]10.51[min] W. long.;
    (110) 41[deg]20.73[min] N. lat., 124[deg]11.73[min] W. long.;
    (111) 41[deg]17.59[min] N. lat., 124[deg]10.66[min] W. long.;
    (112) 41[deg]04.54[min] N. lat., 124[deg]14.47[min] W. long.;
    (113) 40[deg]54.26[min] N. lat., 124[deg]13.90[min] W. long.;
    (114) 40[deg]40.31[min] N. lat., 124[deg]26.24[min] W. long.;
    (115) 40[deg]34.00[min] N. lat., 124[deg]27.39[min] W. long.;
    (116) 40[deg]30.00[min] N. lat., 124[deg]31.32[min] W. long.;
    (117) 40[deg]28.89[min] N. lat., 124[deg]32.43[min] W. long.;
    (118) 40[deg]24.77[min] N. lat., 124[deg]29.51[min] W. long.;
    (119) 40[deg]22.47[min] N. lat., 124[deg]24.12[min] W. long.;
    (120) 40[deg]19.73[min] N. lat., 124[deg]23.59[min] W. long.;
    (121) 40[deg]18.64[min] N. lat., 124[deg]21.89[min] W. long.;
    (122) 40[deg]17.67[min] N. lat., 124[deg]23.07[min] W. long.;
    (123) 40[deg]15.58[min] N. lat., 124[deg]23.61[min] W. long.;
    (124) 40[deg]13.42[min] N. lat., 124[deg]22.94[min] W. long.;
    (125) 40[deg]10.00[min] N. lat., 124[deg]16.65[min] W. long.;
    (126) 40[deg]09.46[min] N. lat., 124[deg]15.28[min] W. long.;
    (127) 40[deg]08.89[min] N. lat., 124[deg]15.24[min] W. long.;

[[Page 246]]

    (128) 40[deg]06.40[min] N. lat., 124[deg]10.97[min] W. long.;
    (129) 40[deg]06.08[min] N. lat., 124[deg]09.34[min] W. long.;
    (130) 40[deg]06.64[min] N. lat., 124[deg]08.00[min] W. long.;
    (131) 40[deg]05.08[min] N. lat., 124[deg]07.57[min] W. long.;
    (132) 40[deg]04.29[min] N. lat., 124[deg]08.12[min] W. long.;
    (133) 40[deg]00.61[min] N. lat., 124[deg]07.35[min] W. long.;
    (134) 39[deg]58.60[min] N. lat., 124[deg]05.51[min] W. long.;
    (135) 39[deg]54.89[min] N. lat., 124[deg]04.67[min] W. long.;
    (136) 39[deg]53.01[min] N. lat., 124[deg]02.33[min] W. long.;
    (137) 39[deg]53.20[min] N. lat., 123[deg]58.18[min] W. long.;
    (138) 39[deg]48.45[min] N. lat., 123[deg]53.21[min] W. long.;
    (139) 39[deg]43.89[min] N. lat., 123[deg]51.75[min] W. long.;
    (140) 39[deg]39.60[min] N. lat., 123[deg]49.14[min] W. long.;
    (141) 39[deg]34.43[min] N. lat., 123[deg]48.48[min] W. long.;
    (142) 39[deg]30.63[min] N. lat., 123[deg]49.71[min] W. long.;
    (143) 39[deg]21.25[min] N. lat., 123[deg]50.54[min] W. long.;
    (144) 39[deg]08.87[min] N. lat., 123[deg]46.24[min] W. long.;
    (145) 39[deg]03.79[min] N. lat., 123[deg]43.91[min] W. long.;
    (146) 38[deg]59.65[min] N. lat., 123[deg]45.94[min] W. long.;
    (147) 38[deg]57.50[min] N. lat., 123[deg]46.28[min] W. long.;
    (148) 38[deg]56.80[min] N. lat., 123[deg]46.48[min] W. long.;
    (149) 38[deg]51.16[min] N. lat., 123[deg]41.48[min] W. long.;
    (150) 38[deg]45.77[min] N. lat., 123[deg]35.14[min] W. long.;
    (151) 38[deg]42.21[min] N. lat., 123[deg]28.17[min] W. long.;
    (152) 38[deg]34.05[min] N. lat., 123[deg]20.96[min] W. long.;
    (153) 38[deg]22.47[min] N. lat., 123[deg]07.48[min] W. long.;
    (154) 38[deg]16.52[min] N. lat., 123[deg]05.62[min] W. long.;
    (155) 38[deg]14.42[min] N. lat., 123[deg]01.91[min] W. long.;
    (156) 38[deg]08.24[min] N. lat., 122[deg]59.79[min] W. long.;
    (157) 38[deg]02.69[min] N. lat., 123[deg]01.96[min] W. long.;
    (158) 38[deg]00.00[min] N. lat., 123[deg]04.75[min] W. long.;
    (159) 37[deg]58.41[min] N. lat., 123[deg]02.93[min] W. long.;
    (160) 37[deg]58.25[min] N. lat., 122[deg]56.49[min] W. long.;
    (161) 37[deg]50.30[min] N. lat., 122[deg]52.23[min] W. long.;
    (162) 37[deg]43.36[min] N. lat., 123[deg]04.18[min] W. long.;
    (163) 37[deg]40.77[min] N. lat., 123[deg]01.62[min] W. long.;
    (164) 37[deg]40.13[min] N. lat., 122[deg]57.30[min] W. long.;
    (165) 37[deg]42.59[min] N. lat., 122[deg]53.64[min] W. long.;
    (166) 37[deg]35.67[min] N. lat., 122[deg]44.20[min] W. long.;
    (167) 37[deg]29.62[min] N. lat., 122[deg]36.00[min] W. long.;
    (168) 37[deg]22.38[min] N. lat., 122[deg]31.66[min] W. long.;
    (169) 37[deg]13.86[min] N. lat., 122[deg]28.27[min] W. long.;
    (170) 37[deg]11.00[min] N. lat., 122[deg]26.50[min] W. long.;
    (171) 37[deg]08.10[min] N. lat., 122[deg]24.75[min] W. long.;
    (172) 37[deg]07.00[min] N. lat., 122[deg]23.60[min] W. long.;
    (173) 37[deg]05.84[min] N. lat., 122[deg]22.47[min] W. long.;
    (174) 36[deg]58.77[min] N. lat., 122[deg]13.03[min] W. long.;
    (175) 36[deg]53.74[min] N. lat., 122[deg]03.39[min] W. long.;
    (176) 36[deg]52.71[min] N. lat., 122[deg]00.14[min] W. long.;
    (177) 36[deg]52.51[min] N. lat., 121[deg]56.77[min] W. long.;
    (178) 36[deg]49.44[min] N. lat., 121[deg]49.63[min] W. long.;
    (179) 36[deg]48.01[min] N. lat., 121[deg]49.92[min] W. long.;
    (180) 36[deg]48.25[min] N. lat., 121[deg]47.66[min] W. long.;
    (181) 36[deg]46.26[min] N. lat., 121[deg]51.27[min] W. long.;
    (182) 36[deg]39.14[min] N. lat., 121[deg]52.05[min] W. long.;
    (183) 36[deg]38.00[min] N. lat., 121[deg]53.57[min] W. long.;
    (184) 36[deg]39.14[min] N. lat., 121[deg]55.45[min] W. long.;
    (185) 36[deg]38.50[min] N. lat., 121[deg]57.90[min] W. long.;

[[Page 247]]

    (186) 36[deg]36.75[min] N. lat., 121[deg]59.44[min] W. long.;
    (187) 36[deg]34.97[min] N. lat., 121[deg]59.37[min] W. long.;
    (188) 36[deg]33.07[min] N. lat., 121[deg]58.32[min] W. long.;
    (189) 36[deg]33.27[min] N. lat., 121[deg]57.07[min] W. long.;
    (190) 36[deg]32.68[min] N. lat., 121[deg]57.03[min] W. long.;
    (191) 36[deg]32.04[min] N. lat., 121[deg]55.98[min] W. long.;
    (192) 36[deg]31.61[min] N. lat., 121[deg]55.72[min] W. long.;
    (193) 36[deg]31.59[min] N. lat., 121[deg]57.12[min] W. long.;
    (194) 36[deg]31.52[min] N. lat., 121[deg]57.57[min] W. long.;
    (195) 36[deg]30.88[min] N. lat., 121[deg]57.90[min] W. long.;
    (196) 36[deg]30.25[min] N. lat., 121[deg]57.37[min] W. long.;
    (197) 36[deg]29.47[min] N. lat., 121[deg]57.55[min] W. long.;
    (198) 36[deg]26.72[min] N. lat., 121[deg]56.40[min] W. long.;
    (199) 36[deg]24.33[min] N. lat., 121[deg]56.00[min] W. long.;
    (200) 36[deg]23.36[min] N. lat., 121[deg]55.45[min] W. long.;
    (201) 36[deg]18.86[min] N. lat., 121[deg]56.15[min] W. long.;
    (202) 36[deg]16.21[min] N. lat., 121[deg]54.81[min] W. long.;
    (203) 36[deg]15.30[min] N. lat., 121[deg]53.79[min] W. long.;
    (204) 36[deg]12.04[min] N. lat., 121[deg]45.38[min] W. long.;
    (205) 36[deg]11.87[min] N. lat., 121[deg]44.45[min] W. long.;
    (206) 36[deg]12.13[min] N. lat., 121[deg]44.25[min] W. long.;
    (207) 36[deg]11.89[min] N. lat., 121[deg]43.65[min] W. long.;
    (208) 36[deg]10.56[min] N. lat., 121[deg]42.62[min] W. long.;
    (209) 36[deg]09.90[min] N. lat., 121[deg]41.57[min] W. long.;
    (210) 36[deg]08.14[min] N. lat., 121[deg]40.44[min] W. long.;
    (211) 36[deg]06.69[min] N. lat., 121[deg]38.79[min] W. long.;
    (212) 36[deg]05.85[min] N. lat., 121[deg]38.47[min] W. long.;
    (213) 36[deg]03.08[min] N. lat., 121[deg]36.25[min] W. long.;
    (214) 36[deg]02.92[min] N. lat., 121[deg]35.89[min] W. long.;
    (215) 36[deg]01.53[min] N. lat., 121[deg]36.13[min] W. long.;
    (216) 36[deg]00.59[min] N. lat., 121[deg]35.40[min] W. long.;
    (217) 36[deg]00.00[min] N. lat., 121[deg]34.10[min] W. long.;
    (218) 35[deg]59.93[min] N. lat., 121[deg]33.81[min] W. long.;
    (219) 35[deg]59.69[min] N. lat., 121[deg]31.84[min] W. long.;
    (220) 35[deg]58.59[min] N. lat., 121[deg]30.30[min] W. long.;
    (221) 35[deg]54.02[min] N. lat., 121[deg]29.71[min] W. long.;
    (222) 35[deg]51.54[min] N. lat., 121[deg]27.67[min] W. long.;
    (223) 35[deg]50.42[min] N. lat., 121[deg]25.79[min] W. long.;
    (224) 35[deg]48.37[min] N. lat., 121[deg]24.29[min] W. long.;
    (225) 35[deg]47.02[min] N. lat., 121[deg]22.46[min] W. long.;
    (226) 35[deg]42.28[min] N. lat., 121[deg]21.20[min] W. long.;
    (227) 35[deg]41.57[min] N. lat., 121[deg]21.82[min] W. long.;
    (228) 35[deg]39.24[min] N. lat., 121[deg]18.84[min] W. long.;
    (229) 35[deg]35.14[min] N. lat., 121[deg]10.45[min] W. long.;
    (230) 35[deg]30.11[min] N. lat., 121[deg]05.59[min] W. long.;
    (231) 35[deg]25.86[min] N. lat., 121[deg]00.07[min] W. long.;
    (232) 35[deg]22.82[min] N. lat., 120[deg]54.68[min] W. long.;
    (233) 35[deg]17.96[min] N. lat., 120[deg]55.54[min] W. long.;
    (234) 35[deg]14.83[min] N. lat., 120[deg]55.42[min] W. long.;
    (235) 35[deg]08.87[min] N. lat., 120[deg]50.22[min] W. long.;
    (236) 35[deg]05.55[min] N. lat., 120[deg]44.89[min] W. long.;
    (237) 35[deg]02.91[min] N. lat., 120[deg]43.94[min] W. long.;
    (238) 34[deg]53.80[min] N. lat., 120[deg]43.94[min] W. long.;
    (239) 34[deg]34.89[min] N. lat., 120[deg]41.92[min] W. long.;
    (240) 34[deg]32.48[min] N. lat., 120[deg]40.05[min] W. long.;
    (241) 34[deg]30.12[min] N. lat., 120[deg]32.81[min] W. long.;
    (242) 34[deg]27.00[min] N. lat., 120[deg]30.46[min] W. long.;
    (243) 34[deg]27.00[min] N. lat., 120[deg]30.31[min] W. long.;

[[Page 248]]

    (244) 34[deg]25.84[min] N. lat., 120[deg]27.40[min] W. long.;
    (245) 34[deg]25.16[min] N. lat., 120[deg]20.18[min] W. long.;
    (246) 34[deg]25.88[min] N. lat., 120[deg]18.24[min] W. long.;
    (247) 34[deg]27.26[min] N. lat., 120[deg]12.47[min] W. long.;
    (248) 34[deg]26.27[min] N. lat., 120[deg]02.22[min] W. long.;
    (249) 34[deg]23.41[min] N. lat., 119[deg]53.40[min] W. long.;
    (250) 34[deg]23.33[min] N. lat., 119[deg]48.74[min] W. long.;
    (251) 34[deg]22.31[min] N. lat., 119[deg]41.36[min] W. long.;
    (252) 34[deg]21.72[min] N. lat., 119[deg]40.14[min] W. long.;
    (253) 34[deg]21.25[min] N. lat., 119[deg]41.18[min] W. long.;
    (254) 34[deg]20.25[min] N. lat., 119[deg]39.03[min] W. long.;
    (255) 34[deg]19.87[min] N. lat., 119[deg]33.65[min] W. long.;
    (256) 34[deg]18.67[min] N. lat., 119[deg]30.16[min] W. long.;
    (257) 34[deg]16.95[min] N. lat., 119[deg]27.90[min] W. long.;
    (258) 34[deg]13.02[min] N. lat., 119[deg]26.99[min] W. long.;
    (259) 34[deg]08.62[min] N. lat., 119[deg]20.89[min] W. long.;
    (260) 34[deg]06.95[min] N. lat., 119[deg]17.68[min] W. long.;
    (261) 34[deg]05.93[min] N. lat., 119[deg]15.17[min] W. long.;
    (262) 34[deg]08.42[min] N. lat., 119[deg]13.11[min] W. long.;
    (263) 34[deg]05.23[min] N. lat., 119[deg]13.34[min] W. long.;
    (264) 34[deg]04.98[min] N. lat., 119[deg]11.39[min] W. long.;
    (265) 34[deg]04.55[min] N. lat., 119[deg]11.09[min] W. long.;
    (266) 34[deg]04.15[min] N. lat., 119[deg]09.35[min] W. long.;
    (267) 34[deg]04.89[min] N. lat., 119[deg]07.86[min] W. long.;
    (268) 34[deg]04.08[min] N. lat., 119[deg]07.33[min] W. long.;
    (269) 34[deg]04.10[min] N. lat., 119[deg]06.89[min] W. long.;
    (270) 34[deg]05.08[min] N. lat., 119[deg]07.02[min] W. long.;
    (271) 34[deg]05.27[min] N. lat., 119[deg]04.95[min] W. long.;
    (272) 34[deg]04.51[min] N. lat., 119[deg]04.70[min] W. long.;
    (273) 34[deg]02.26[min] N. lat., 118[deg]59.88[min] W. long.;
    (274) 34[deg]01.08[min] N. lat., 118[deg]59.77[min] W. long.;
    (275) 34[deg]00.94[min] N. lat., 118[deg]51.65[min] W. long.;
    (276) 33[deg]59.77[min] N. lat., 118[deg]49.26[min] W. long.;
    (277) 34[deg]00.04[min] N. lat., 118[deg]48.92[min] W. long.;
    (278) 33[deg]59.65[min] N. lat., 118[deg]48.43[min] W. long.;
    (279) 33[deg]59.46[min] N. lat., 118[deg]47.25[min] W. long.;
    (280) 33[deg]59.80[min] N. lat., 118[deg]45.89[min] W. long.;
    (281) 34[deg]00.21[min] N. lat., 118[deg]37.64[min] W. long.;
    (282) 33[deg]59.26[min] N. lat., 118[deg]34.58[min] W. long.;
    (283) 33[deg]58.07[min] N. lat., 118[deg]33.36[min] W. long.;
    (284) 33[deg]53.76[min] N. lat., 118[deg]30.14[min] W. long.;
    (285) 33[deg]51.00[min] N. lat., 118[deg]25.19[min] W. long.;
    (286) 33[deg]50.07[min] N. lat., 118[deg]24.70[min] W. long.;
    (287) 33[deg]50.16[min] N. lat., 118[deg]23.77[min] W. long.;
    (288) 33[deg]48.80[min] N. lat., 118[deg]25.31[min] W. long.;
    (289) 33[deg]47.07[min] N. lat., 118[deg]27.07[min] W. long.;
    (290) 33[deg]46.12[min] N. lat., 118[deg]26.87[min] W. long.;
    (291) 33[deg]44.15[min] N. lat., 118[deg]25.15[min] W. long.;
    (292) 33[deg]43.54[min] N. lat., 118[deg]23.02[min] W. long.;
    (293) 33[deg]41.35[min] N. lat., 118[deg]18.86[min] W. long.;
    (294) 33[deg]39.96[min] N. lat., 118[deg]17.37[min] W. long.;
    (295) 33[deg]40.12[min] N. lat., 118[deg]16.33[min] W. long.;
    (296) 33[deg]39.28[min] N. lat., 118[deg]16.21[min] W. long.;
    (297) 33[deg]38.04[min] N. lat., 118[deg]14.86[min] W. long.;
    (298) 33[deg]36.57[min] N. lat., 118[deg]14.67[min] W. long.;
    (299) 33[deg]34.93[min] N. lat., 118[deg]10.94[min] W. long.;
    (300) 33[deg]35.14[min] N. lat., 118[deg]08.61[min] W. long.;
    (301) 33[deg]35.69[min] N. lat., 118[deg]07.68[min] W. long.;

[[Page 249]]

    (302) 33[deg]36.21[min] N. lat., 118[deg]07.53[min] W. long.;
    (303) 33[deg]36.43[min] N. lat., 118[deg]06.73[min] W. long.;
    (304) 33[deg]36.05[min] N. lat., 118[deg]06.15[min] W. long.;
    (305) 33[deg]36.32[min] N. lat., 118[deg]03.91[min] W. long.;
    (306) 33[deg]35.69[min] N. lat., 118[deg]03.64[min] W. long.;
    (307) 33[deg]34.62[min] N. lat., 118[deg]00.04[min] W. long.;
    (308) 33[deg]34.80[min] N. lat., 117[deg]57.73[min] W. long.;
    (309) 33[deg]35.57[min] N. lat., 117[deg]56.62[min] W. long.;
    (310) 33[deg]35.46[min] N. lat., 117[deg]55.99[min] W. long.;
    (311) 33[deg]35.98[min] N. lat., 117[deg]55.99[min] W. long.;
    (312) 33[deg]35.46[min] N. lat., 117[deg]55.38[min] W. long.;
    (313) 33[deg]35.21[min] N. lat., 117[deg]53.46[min] W. long.;
    (314) 33[deg]33.61[min] N. lat., 117[deg]50.45[min] W. long.;
    (315) 33[deg]31.41[min] N. lat., 117[deg]47.28[min] W. long.;
    (316) 33[deg]27.54[min] N. lat., 117[deg]44.36[min] W. long.;
    (317) 33[deg]26.63[min] N. lat., 117[deg]43.17[min] W. long.;
    (318) 33[deg]25.21[min] N. lat., 117[deg]40.90[min] W. long.;
    (319) 33[deg]20.33[min] N. lat., 117[deg]35.99[min] W. long.;
    (320) 33[deg]16.35[min] N. lat., 117[deg]31.51[min] W. long.;
    (321) 33[deg]11.53[min] N. lat., 117[deg]26.81[min] W. long.;
    (322) 33[deg]07.59[min] N. lat., 117[deg]21.13[min] W. long.;
    (323) 33[deg]02.21[min] N. lat., 117[deg]19.05[min] W. long.;
    (324) 32[deg]56.55[min] N. lat., 117[deg]17.70[min] W. long.;
    (325) 32[deg]54.61[min] N. lat., 117[deg]16.60[min] W. long.;
    (326) 32[deg]52.32[min] N. lat., 117[deg]15.97[min] W. long.;
    (327) 32[deg]51.48[min] N. lat., 117[deg]16.15[min] W. long.;
    (328) 32[deg]51.85[min] N. lat., 117[deg]17.26[min] W. long.;
    (329) 32[deg]51.55[min] N. lat., 117[deg]19.01[min] W. long.;
    (330) 32[deg]49.55[min] N. lat., 117[deg]19.63[min] W. long.;
    (331) 32[deg]46.71[min] N. lat., 117[deg]18.32[min] W. long.;
    (332) 32[deg]36.35[min] N. lat., 117[deg]15.68[min] W. long.; and
    (333) 32[deg]32.85[min] N. lat., 117[deg]15.44[min] W. long.
    (f) The 30 fm (55 m) depth contour around the Farallon Islands off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 37[deg]46.73[min] N. lat., 123[deg]6.37[min] W. long.;
    (2) 37[deg]45.79[min] N. lat., 123[deg]07.91[min] W. long.;
    (3) 37[deg]45.28[min] N. lat., 123[deg]07.75[min] W. long.;
    (4) 37[deg]44.98[min] N. lat., 123[deg]07.11[min] W. long.;
    (5) 37[deg]45.51[min] N. lat., 123[deg]06.26[min] W. long.;
    (6) 37[deg]45.14[min] N. lat., 123[deg]05.41[min] W. long.;
    (7) 37[deg]45.31[min] N. lat., 123[deg]04.82[min] W. long.;
    (8) 37[deg]46.11[min] N. lat., 123[deg]05.23[min] W. long.;
    (9) 37[deg]46.44[min] N. lat., 123[deg]05.63[min] W. long.; and
    (10) 37[deg]46.73[min] N. lat., 123[deg]06.37[min] W. long.
    (g) The 30 fm (55 m) depth contour around Noon Day Rock off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 37[deg]47.83[min] N. lat., 123[deg]10.83[min] W. long.;
    (2) 37[deg]47.51[min] N. lat., 123[deg]11.19[min] W. long.;
    (3) 37[deg]47.33[min] N. lat., 123[deg]10.68[min] W. long.;
    (4) 37[deg]47.02[min] N. lat., 123[deg]10.59[min] W. long.;
    (5) 37[deg]47.21[min] N. lat., 123[deg]09.85[min] W. long.;
    (6) 37[deg]47.56[min] N. lat., 123[deg]09.72[min] W. long.;
    (7) 37[deg]47.87[min] N. lat., 123[deg]10.26[min] W. long.; and
    (8) 37[deg]47.83[min] N. lat., 123[deg]10.83[min] W. long.
    (h) The 30 fm (55-m) depth contour around the northern Channel 
Islands of the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]00.98[min] N. lat., 119[deg]20.46[min] W. long.;
    (2) 34[deg]00.53[min] N. lat., 119[deg]20.98[min] W. long.;
    (3) 34[deg]00.17[min] N. lat., 119[deg]21.83[min] W. long.;
    (4) 33[deg]59.65[min] N. lat., 119[deg]24.45[min] W. long.;
    (5) 33[deg]59.68[min] N. lat., 119[deg]25.20[min] W. long.;
    (6) 33[deg]59.95[min] N. lat., 119[deg]26.25[min] W. long.;
    (7) 33[deg]59.87[min] N. lat., 119[deg]27.27[min] W. long.;
    (8) 33[deg]59.55[min] N. lat., 119[deg]28.02[min] W. long.;
    (9) 33[deg]58.63[min] N. lat., 119[deg]36.48[min] W. long.;
    (10) 33[deg]57.62[min] N. lat., 119[deg]41.13[min] W. long.;
    (11) 33[deg]57.00[min] N. lat., 119[deg]42.20[min] W. long.;
    (12) 33[deg]56.93[min] N. lat., 119[deg]48.00[min] W. long.;
    (13) 33[deg]56.45[min] N. lat., 119[deg]49.12[min] W. long.;
    (14) 33[deg]58.54[min] N. lat., 119[deg]52.80[min] W. long.;
    (15) 33[deg]59.95[min] N. lat., 119[deg]54.49[min] W. long.;
    (16) 33[deg]59.83[min] N. lat., 119[deg]56.00[min] W. long.;
    (17) 33[deg]59.18[min] N. lat., 119[deg]57.17[min] W. long.;
    (18) 33[deg]57.83[min] N. lat., 119[deg]56.74[min] W. long.;

[[Page 250]]

    (19) 33[deg]55.71[min] N. lat., 119[deg]56.89[min] W. long.;
    (20) 33[deg]53.89[min] N. lat., 119[deg]57.68[min] W. long.;
    (21) 33[deg]52.93[min] N. lat., 119[deg]59.80[min] W. long.;
    (22) 33[deg]52.79[min] N. lat., 120[deg]01.81[min] W. long.;
    (23) 33[deg]52.51[min] N. lat., 120[deg]03.08[min] W. long.;
    (24) 33[deg]53.12[min] N. lat., 120[deg]04.88[min] W. long.;
    (25) 33[deg]53.12[min] N. lat., 120[deg]05.80[min] W. long.;
    (26) 33[deg]52.94[min] N. lat., 120[deg]06.50[min] W. long.;
    (27) 33[deg]54.03[min] N. lat., 120[deg]10.00[min] W. long.;
    (28) 33[deg]54.58[min] N. lat., 120[deg]11.82[min] W. long.;
    (29) 33[deg]57.08[min] N. lat., 120[deg]14.58[min] W. long.;
    (30) 33[deg]59.50[min] N. lat., 120[deg]16.72[min] W. long.;
    (31) 33[deg]59.63[min] N. lat., 120[deg]17.88[min] W. long.;
    (32) 34[deg]00.30[min] N. lat., 120[deg]19.14[min] W. long.;
    (33) 34[deg]00.02[min] N. lat., 120[deg]19.68[min] W. long.;
    (34) 34[deg]00.08[min] N. lat., 120[deg]21.73[min] W. long.;
    (35) 34[deg]00.94[min] N. lat., 120[deg]24.82[min] W. long.;
    (36) 34[deg]01.09[min] N. lat., 120[deg]27.29[min] W. long.;
    (37) 34[deg]00.96[min] N. lat., 120[deg]28.09[min] W. long.;
    (38) 34[deg]01.56[min] N. lat., 120[deg]28.71[min] W. long.;
    (39) 34[deg]01.80[min] N. lat., 120[deg]28.31[min] W. long.;
    (40) 34[deg]03.60[min] N. lat., 120[deg]28.87[min] W. long.;
    (41) 34[deg]05.20[min] N. lat., 120[deg]29.38[min] W. long.;
    (42) 34[deg]05.35[min] N. lat., 120[deg]28.20[min] W. long.;
    (43) 34[deg]05.30[min] N. lat., 120[deg]27.33[min] W. long.;
    (44) 34[deg]05.65[min] N. lat., 120[deg]26.79[min] W. long.;
    (45) 34[deg]05.69[min] N. lat., 120[deg]25.82[min] W. long.;
    (46) 34[deg]07.24[min] N. lat., 120[deg]24.98[min] W. long.;
    (47) 34[deg]06.00[min] N. lat., 120[deg]23.30[min] W. long.;
    (48) 34[deg]05.64[min] N. lat., 120[deg]21.44[min] W. long.;
    (49) 34[deg]03.61[min] N. lat., 120[deg]18.40[min] W. long.;
    (50) 34[deg]03.25[min] N. lat., 120[deg]16.64[min] W. long.;
    (51) 34[deg]04.33[min] N. lat., 120[deg]14.22[min] W. long.;
    (52) 34[deg]04.11[min] N. lat., 120[deg]11.17[min] W. long.;
    (53) 34[deg]03.72[min] N. lat., 120[deg]09.93[min] W. long.;
    (54) 34[deg]03.81[min] N. lat., 120[deg]08.96[min] W. long.;
    (55) 34[deg]03.36[min] N. lat., 120[deg]06.52[min] W. long.;
    (56) 34[deg]04.80[min] N. lat., 120[deg]04.00[min] W. long.;
    (57) 34[deg]03.48[min] N. lat., 120[deg]01.75[min] W. long.;
    (58) 34[deg]04.00[min] N. lat., 120[deg]01.00[min] W. long.;
    (59) 34[deg]03.99[min] N. lat., 120[deg]00.15[min] W. long.;
    (60) 34[deg]03.51[min] N. lat., 119[deg]59.42[min] W. long.;
    (61) 34[deg]03.79[min] N. lat., 119[deg]58.15[min] W. long.;
    (62) 34[deg]04.72[min] N. lat., 119[deg]57.61[min] W. long.;
    (63) 34[deg]05.14[min] N. lat., 119[deg]55.17[min] W. long.;
    (64) 34[deg]04.66[min] N. lat., 119[deg]51.60[min] W. long.;
    (65) 34[deg]03.79[min] N. lat., 119[deg]48.86[min] W. long.;
    (66) 34[deg]03.79[min] N. lat., 119[deg]45.46[min] W. long.;
    (67) 34[deg]03.27[min] N. lat., 119[deg]44.17[min] W. long.;
    (68) 34[deg]03.29[min] N. lat., 119[deg]43.30[min] W. long.;
    (69) 34[deg]01.71[min] N. lat., 119[deg]40.83[min] W. long.;
    (70) 34[deg]01.74[min] N. lat., 119[deg]37.92[min] W. long.;
    (71) 34[deg]02.07[min] N. lat., 119[deg]37.17[min] W. long.;
    (72) 34[deg]02.93[min] N. lat., 119[deg]36.52[min] W. long.;
    (73) 34[deg]03.48[min] N. lat., 119[deg]35.50[min] W. long.;
    (74) 34[deg]03.56[min] N. lat., 119[deg]32.80[min] W. long.;
    (75) 34[deg]02.72[min] N. lat., 119[deg]31.84[min] W. long.;
    (76) 34[deg]02.20[min] N. lat., 119[deg]30.53[min] W. long.;
    (77) 34[deg]01.49[min] N. lat., 119[deg]30.20[min] W. long.;
    (78) 34[deg]00.66[min] N. lat., 119[deg]28.62[min] W. long.;
    (79) 34[deg]00.66[min] N. lat., 119[deg]27.57[min] W. long.;
    (80) 34[deg]01.41[min] N. lat., 119[deg]26.91[min] W. long.;
    (81) 34[deg]00.91[min] N. lat., 119[deg]24.28[min] W. long.;
    (82) 34[deg]01.51[min] N. lat., 119[deg]22.06[min] W. long.;
    (83) 34[deg]01.41[min] N. lat., 119[deg]20.61[min] W. long.; and
    (84) 34[deg]00.98[min] N. lat., 119[deg]20.46[min] W. long.
    (i) The 30 fm (55 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]03.37[min] N. lat., 118[deg]37.76[min] W. long.;
    (2) 33[deg]02.72[min] N. lat., 118[deg]38.12[min] W. long.;
    (3) 33[deg]02.18[min] N. lat., 118[deg]37.46[min] W. long.;
    (4) 33[deg]00.66[min] N. lat., 118[deg]37.36[min] W. long.;
    (5) 33[deg]00.08[min] N. lat., 118[deg]36.94[min] W. long.;
    (6) 33[deg]00.11[min] N. lat., 118[deg]36.00[min] W. long.;
    (7) 32[deg]58.02[min] N. lat., 118[deg]35.41[min] W. long.;
    (8) 32[deg]56.00[min] N. lat., 118[deg]33.59[min] W. long.;
    (9) 32[deg]54.76[min] N. lat., 118[deg]33.58[min] W. long.;
    (10) 32[deg]53.97[min] N. lat., 118[deg]32.45[min] W. long.;
    (11) 32[deg]51.18[min] N. lat., 118[deg]30.83[min] W. long.;
    (12) 32[deg]50.00[min] N. lat., 118[deg]29.68[min] W. long.;
    (13) 32[deg]49.72[min] N. lat., 118[deg]28.33[min] W. long.;
    (14) 32[deg]47.88[min] N. lat., 118[deg]26.90[min] W. long.;
    (15) 32[deg]47.30[min] N. lat., 118[deg]25.73[min] W. long.;
    (16) 32[deg]47.28[min] N. lat., 118[deg]24.83[min] W. long.;
    (17) 32[deg]48.12[min] N. lat., 118[deg]24.33[min] W. long.;
    (18) 32[deg]48.74[min] N. lat., 118[deg]23.39[min] W. long.;
    (19) 32[deg]48.69[min] N. lat., 118[deg]21.75[min] W. long.;
    (20) 32[deg]49.06[min] N. lat., 118[deg]20.53[min] W. long.;
    (21) 32[deg]50.28[min] N. lat., 118[deg]21.90[min] W. long.;
    (22) 32[deg]51.73[min] N. lat., 118[deg]23.86[min] W. long.;
    (23) 32[deg]52.79[min] N. lat., 118[deg]25.08[min] W. long.;
    (24) 32[deg]54.03[min] N. lat., 118[deg]26.83[min] W. long.;
    (25) 32[deg]54.70[min] N. lat., 118[deg]27.55[min] W. long.;
    (26) 32[deg]55.49[min] N. lat., 118[deg]29.04[min] W. long.;
    (27) 32[deg]59.58[min] N. lat., 118[deg]32.51[min] W. long.;
    (28) 32[deg]59.89[min] N. lat., 118[deg]32.52[min] W. long.;
    (29) 33[deg]00.29[min] N. lat., 118[deg]32.73[min] W. long.;
    (30) 33[deg]00.85[min] N. lat., 118[deg]33.50[min] W. long.;
    (31) 33[deg]01.70[min] N. lat., 118[deg]33.64[min] W. long.;
    (32) 33[deg]02.90[min] N. lat., 118[deg]35.35[min] W. long.;
    (33) 33[deg]02.61[min] N. lat., 118[deg]36.96[min] W. long.; and
    (34) 33[deg]03.37[min] N. lat., 118[deg]37.76[min] W. long.
    (j) The 30 fm (55 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]19.13[min] N. lat., 118[deg]18.04[min] W. long.;
    (2) 33[deg]18.32[min] N. lat., 118[deg]18.20[min] W. long.;
    (3) 33[deg]17.82[min] N. lat., 118[deg]18.73[min] W. long.;
    (4) 33[deg]17.54[min] N. lat., 118[deg]19.52[min] W. long.;
    (5) 33[deg]17.99[min] N. lat., 118[deg]21.71[min] W. long.;
    (6) 33[deg]18.48[min] N. lat., 118[deg]22.82[min] W. long.;

[[Page 251]]

    (7) 33[deg]18.77[min] N. lat., 118[deg]26.95[min] W. long.;
    (8) 33[deg]19.69[min] N. lat., 118[deg]28.87[min] W. long.;
    (9) 33[deg]20.53[min] N. lat., 118[deg]30.52[min] W. long.;
    (10) 33[deg]20.46[min] N. lat., 118[deg]31.47[min] W. long.;
    (11) 33[deg]20.98[min] N. lat., 118[deg]31.39[min] W. long.;
    (12) 33[deg]20.81[min] N. lat., 118[deg]30.49[min] W. long.;
    (13) 33[deg]21.38[min] N. lat., 118[deg]30.07[min] W. long.;
    (14) 33[deg]23.12[min] N. lat., 118[deg]29.31[min] W. long.;
    (15) 33[deg]24.95[min] N. lat., 118[deg]29.70[min] W. long.;
    (16) 33[deg]25.39[min] N. lat., 118[deg]30.50[min] W. long.;
    (17) 33[deg]25.21[min] N. lat., 118[deg]30.79[min] W. long.;
    (18) 33[deg]25.65[min] N. lat., 118[deg]31.60[min] W. long.;
    (19) 33[deg]25.65[min] N. lat., 118[deg]32.04[min] W. long.;
    (20) 33[deg]25.94[min] N. lat., 118[deg]32.96[min] W. long.;
    (21) 33[deg]25.86[min] N. lat., 118[deg]33.49[min] W. long.;
    (22) 33[deg]26.06[min] N. lat., 118[deg]34.12[min] W. long.;
    (23) 33[deg]28.28[min] N. lat., 118[deg]36.60[min] W. long.;
    (24) 33[deg]28.83[min] N. lat., 118[deg]36.42[min] W. long.;
    (25) 33[deg]28.72[min] N. lat., 118[deg]34.93[min] W. long.;
    (26) 33[deg]28.71[min] N. lat., 118[deg]33.61[min] W. long.;
    (27) 33[deg]28.81[min] N. lat., 118[deg]32.95[min] W. long.;
    (28) 33[deg]28.73[min] N. lat., 118[deg]32.07[min] W. long.;
    (29) 33[deg]27.55[min] N. lat., 118[deg]30.14[min] W. long.;
    (30) 33[deg]27.86[min] N. lat., 118[deg]29.41[min] W. long.;
    (31) 33[deg]26.98[min] N. lat., 118[deg]29.06[min] W. long.;
    (32) 33[deg]26.96[min] N. lat., 118[deg]28.58[min] W. long.;
    (33) 33[deg]26.76[min] N. lat., 118[deg]28.40[min] W. long.;
    (34) 33[deg]26.52[min] N. lat., 118[deg]27.66[min] W. long.;
    (35) 33[deg]26.31[min] N. lat., 118[deg]27.41[min] W. long.;
    (36) 33[deg]25.09[min] N. lat., 118[deg]23.13[min] W. long.;
    (37) 33[deg]24.80[min] N. lat., 118[deg]22.86[min] W. long.;
    (38) 33[deg]24.60[min] N. lat., 118[deg]22.02[min] W. long.;
    (39) 33[deg]22.82[min] N. lat., 118[deg]21.04[min] W. long.;
    (40) 33[deg]20.23[min] N. lat., 118[deg]18.45[min] W. long.; and
    (41) 33[deg]19.13[min] N. lat., 118[deg]18.04[min] W. long.
    (k) The 40-fm (73-m) depth contour between 46[deg]16[min] N. lat. 
and the U.S. border with Mexico is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 46[deg]16.00[min] N. lat., 124[deg]16.10[min] W. long.;
    (2) 46[deg]15.29[min] N. lat., 124[deg]15.60[min] W. long.;
    (3) 46[deg]11.90[min] N. lat., 124[deg]13.59[min] W. long.;
    (4) 46[deg]06.94[min] N. lat., 124[deg]10.15[min] W. long.;
    (5) 46[deg]05.33[min] N. lat., 124[deg]08.30[min] W. long.;
    (6) 45[deg]58.69[min] N. lat., 124[deg]05.60[min] W. long.;
    (7) 45[deg]57.71[min] N. lat., 124[deg]05.81[min] W. long.;
    (8) 45[deg]53.98[min] N. lat., 124[deg]05.05[min] W. long.;
    (9) 45[deg]49.75[min] N. lat., 124[deg]05.14[min] W. long.;
    (10) 45[deg]47.87[min] N. lat., 124[deg]05.16[min] W. long.;
    (11) 45[deg]47.07[min] N. lat., 124[deg]04.21[min] W. long.;
    (12) 45[deg]46.00[min] N. lat., 124[deg]04.49[min] W. long.;
    (13) 45[deg]44.34[min] N. lat., 124[deg]05.09[min] W. long.;
    (14) 45[deg]40.64[min] N. lat., 124[deg]04.90[min] W. long.;
    (15) 45[deg]33.00[min] N. lat., 124[deg]04.46[min] W. long.;
    (16) 45[deg]32.27[min] N. lat., 124[deg]04.74[min] W. long.;
    (17) 45[deg]29.26[min] N. lat., 124[deg]04.22[min] W. long.;
    (18) 45[deg]20.25[min] N. lat., 124[deg]04.67[min] W. long.;
    (19) 45[deg]19.99[min] N. lat., 124[deg]04.62[min] W. long.;
    (20) 45[deg]17.50[min] N. lat., 124[deg]04.91[min] W. long.;
    (21) 45[deg]11.29[min] N. lat., 124[deg]05.20[min] W. long.;
    (22) 45[deg]05.80[min] N. lat., 124[deg]05.40[min] W. long.;
    (23) 45[deg]05.08[min] N. lat., 124[deg]05.93[min] W. long.;
    (24) 45[deg]03.83[min] N. lat., 124[deg]06.47[min] W. long.;
    (25) 45[deg]01.70[min] N. lat., 124[deg]06.53[min] W. long.;
    (26) 44[deg]58.75[min] N. lat., 124[deg]07.14[min] W. long.;
    (27) 44[deg]51.28[min] N. lat., 124[deg]10.21[min] W. long.;
    (28) 44[deg]49.49[min] N. lat., 124[deg]10.90[min] W. long.;
    (29) 44[deg]44.96[min] N. lat., 124[deg]14.39[min] W. long.;
    (30) 44[deg]43.44[min] N. lat., 124[deg]14.78[min] W. long.;
    (31) 44[deg]42.26[min] N. lat., 124[deg]13.81[min] W. long.;
    (32) 44[deg]41.68[min] N. lat., 124[deg]15.38[min] W. long.;
    (33) 44[deg]34.87[min] N. lat., 124[deg]15.80[min] W. long.;
    (34) 44[deg]33.74[min] N. lat., 124[deg]14.44[min] W. long.;
    (35) 44[deg]27.66[min] N. lat., 124[deg]16.99[min] W. long.;
    (36) 44[deg]19.13[min] N. lat., 124[deg]19.22[min] W. long.;
    (37) 44[deg]15.35[min] N. lat., 124[deg]17.38[min] W. long.;
    (38) 44[deg]14.38[min] N. lat., 124[deg]17.78[min] W. long.;
    (39) 44[deg]12.80[min] N. lat., 124[deg]17.18[min] W. long.;
    (40) 44[deg]09.23[min] N. lat., 124[deg]15.96[min] W. long.;
    (41) 44[deg]08.38[min] N. lat., 124[deg]16.79[min] W. long.;
    (42) 44[deg]08.30[min] N. lat., 124[deg]16.75[min] W. long.;
    (43) 44[deg]01.18[min] N. lat., 124[deg]15.42[min] W. long.;
    (44) 43[deg]51.61[min] N. lat., 124[deg]14.68[min] W. long.;
    (45) 43[deg]42.66[min] N. lat., 124[deg]15.46[min] W. long.;
    (46) 43[deg]40.49[min] N. lat., 124[deg]15.74[min] W. long.;
    (47) 43[deg]38.77[min] N. lat., 124[deg]15.64[min] W. long.;
    (48) 43[deg]34.52[min] N. lat., 124[deg]16.73[min] W. long.;
    (49) 43[deg]28.82[min] N. lat., 124[deg]19.52[min] W. long.;
    (50) 43[deg]23.91[min] N. lat., 124[deg]24.28[min] W. long.;
    (51) 43[deg]20.83[min] N. lat., 124[deg]26.63[min] W. long.;
    (52) 43[deg]17.96[min] N. lat., 124[deg]28.81[min] W. long.;
    (53) 43[deg]16.75[min] N. lat., 124[deg]28.42[min] W. long.;
    (54) 43[deg]13.97[min] N. lat., 124[deg]31.99[min] W. long.;
    (55) 43[deg]13.72[min] N. lat., 124[deg]33.25[min] W. long.;
    (56) 43[deg]12.26[min] N. lat., 124[deg]34.16[min] W. long.;
    (57) 43[deg]10.96[min] N. lat., 124[deg]32.33[min] W. long.;
    (58) 43[deg]05.65[min] N. lat., 124[deg]31.52[min] W. long.;
    (59) 42[deg]59.66[min] N. lat., 124[deg]32.58[min] W. long.;
    (60) 42[deg]54.97[min] N. lat., 124[deg]36.99[min] W. long.;
    (61) 42[deg]53.81[min] N. lat., 124[deg]38.57[min] W. long.;
    (62) 42[deg]50.00[min] N. lat., 124[deg]39.68[min] W. long.;
    (63) 42[deg]49.13[min] N. lat., 124[deg]39.70[min] W. long.;
    (64) 42[deg]46.47[min] N. lat., 124[deg]38.89[min] W. long.;
    (65) 42[deg]45.74[min] N. lat., 124[deg]38.86[min] W. long.;
    (66) 42[deg]44.79[min] N. lat., 124[deg]37.96[min] W. long.;
    (67) 42[deg]45.01[min] N. lat., 124[deg]36.39[min] W. long.;
    (68) 42[deg]44.14[min] N. lat., 124[deg]35.17[min] W. long.;
    (69) 42[deg]42.14[min] N. lat., 124[deg]32.82[min] W. long.;
    (70) 42[deg]40.50[min] N. lat., 124[deg]31.98[min] W. long.;
    (71) 42[deg]38.81[min] N. lat., 124[deg]31.09[min] W. long.;
    (72) 42[deg]35.91[min] N. lat., 124[deg]31.02[min] W. long.;
    (73) 42[deg]31.34[min] N. lat., 124[deg]34.84[min] W. long.;
    (74) 42[deg]28.13[min] N. lat., 124[deg]34.84[min] W. long.;
    (75) 42[deg]26.74[min] N. lat., 124[deg]35.59[min] W. long.;
    (76) 42[deg]23.84[min] N. lat., 124[deg]34.06[min] W. long.;
    (77) 42[deg]21.68[min] N. lat., 124[deg]30.64[min] W. long.;

[[Page 252]]

    (78) 42[deg]19.62[min] N. lat., 124[deg]29.02[min] W. long.;
    (79) 42[deg]15.01[min] N. lat., 124[deg]27.72[min] W. long.;
    (80) 42[deg]13.67[min] N. lat., 124[deg]26.93[min] W. long.;
    (81) 42[deg]11.38[min] N. lat., 124[deg]25.63[min] W. long.;
    (82) 42[deg]04.66[min] N. lat., 124[deg]24.40[min] W. long.;
    (83) 42[deg]00.00[min] N. lat., 124[deg]23.55[min] W. long.;
    (84) 41[deg]51.35[min] N. lat., 124[deg]25.25[min] W. long.;
    (85) 41[deg]44.10[min] N. lat., 124[deg]19.05[min] W. long.;
    (86) 41[deg]38.00[min] N. lat., 124[deg]20.04[min] W. long.;
    (87) 41[deg]18.43[min] N. lat., 124[deg]13.48[min] W. long.;
    (88) 40[deg]55.12[min] N. lat., 124[deg]16.33[min] W. long.;
    (89) 40[deg]41.00[min] N. lat., 124[deg]27.66[min] W. long.;
    (90) 40[deg]36.71[min] N. lat., 124[deg]27.15[min] W. long.;
    (91) 40[deg]32.81[min] N. lat., 124[deg]29.42[min] W. long.;
    (92) 40[deg]30.00[min] N. lat., 124[deg]32.38[min] W. long.;
    (93) 40[deg]29.13[min] N. lat., 124[deg]33.23[min] W. long.;
    (94) 40[deg]24.55[min] N. lat., 124[deg]30.40[min] W. long.;
    (95) 40[deg]22.32[min] N. lat., 124[deg]24.19[min] W. long.;
    (96) 40[deg]19.67[min] N. lat., 124[deg]25.52[min] W. long.;
    (97) 40[deg]18.63[min] N. lat., 124[deg]22.38[min] W. long.;
    (98) 40[deg]15.21[min] N. lat., 124[deg]24.53[min] W. long.;
    (99) 40[deg]12.56[min] N. lat., 124[deg]22.69[min] W. long.;
    (100) 40[deg]10.00[min] N. lat., 124[deg]17.84[min] W. long.;
    (101) 40[deg]09.30[min] N. lat., 124[deg]15.68[min] W. long.;
    (102) 40[deg]08.31[min] N. lat., 124[deg]15.17[min] W. long.;
    (103) 40[deg]05.62[min] N. lat., 124[deg]09.80[min] W. long.;
    (104) 40[deg]06.57[min] N. lat., 124[deg]07.99[min] W. long.;
    (105) 40[deg]00.86[min] N. lat., 124[deg]08.42[min] W. long.;
    (106) 39[deg]54.79[min] N. lat., 124[deg]05.25[min] W. long.;
    (107) 39[deg]52.75[min] N. lat., 124[deg]02.62[min] W. long.;
    (108) 39[deg]52.51[min] N. lat., 123[deg]58.15[min] W. long.;
    (109) 39[deg]49.64[min] N. lat., 123[deg]54.98[min] W. long.;
    (110) 39[deg]41.46[min] N. lat., 123[deg]50.65[min] W. long.;
    (111) 39[deg]34.57[min] N. lat., 123[deg]49.24[min] W. long.;
    (112) 39[deg]22.62[min] N. lat., 123[deg]51.21[min] W. long.;
    (113) 39[deg]04.58[min] N. lat., 123[deg]45.43[min] W. long.;
    (114) 39[deg]00.45[min] N. lat., 123[deg]47.58[min] W. long.;
    (115) 38[deg]57.50[min] N. lat., 123[deg]47.27[min] W. long.;
    (116) 38[deg]55.82[min] N. lat., 123[deg]46.97[min] W. long.;
    (117) 38[deg]52.26[min] N. lat., 123[deg]44.35[min] W. long.;
    (118) 38[deg]45.41[min] N. lat., 123[deg]35.67[min] W. long.;
    (119) 38[deg]40.60[min] N. lat., 123[deg]28.22[min] W. long.;
    (120) 38[deg]21.64[min] N. lat., 123[deg]08.91[min] W. long.;
    (121) 38[deg]12.01[min] N. lat., 123[deg]03.86[min] W. long.;
    (122) 38[deg]06.16[min] N. lat., 123[deg]07.01[min] W. long.;
    (123) 38[deg]00.00[min] N. lat., 123[deg]07.05[min] W. long.;
    (124) 37[deg]51.73[min] N. lat., 122[deg]57.97[min] W. long.;
    (125) 37[deg]47.96[min] N. lat., 122[deg]59.34[min] W. long.;
    (126) 37[deg]47.37[min] N. lat., 123[deg]08.84[min] W. long.;
    (127) 37[deg]50.00[min] N. lat., 123[deg]14.38[min] W. long.;
    (128) 37[deg]39.91[min] N. lat., 123[deg]00.84[min] W. long.;
    (129) 37[deg]38.75[min] N. lat., 122[deg]52.16[min] W. long.;
    (130) 37[deg]35.67[min] N. lat., 122[deg]49.47[min] W. long.;
    (131) 37[deg]20.24[min] N. lat., 122[deg]33.82[min] W. long.;
    (132) 37[deg]11.00[min] N. lat., 122[deg]28.50[min] W. long.;
    (133) 37[deg]07.00[min] N. lat., 122[deg]26.26[min] W. long.;
    (134) 36[deg]52.04[min] N. lat., 122[deg]04.60[min] W. long.;
    (135) 36[deg]52.00[min] N. lat., 121[deg]57.41[min] W. long.;
    (136) 36[deg]49.26[min] N. lat., 121[deg]52.53[min] W. long.;
    (137) 36[deg]49.22[min] N. lat., 121[deg]49.85[min] W. long.;
    (138) 36[deg]47.87[min] N. lat., 121[deg]50.15[min] W. long.;
    (139) 36[deg]48.07[min] N. lat., 121[deg]48.21[min] W. long.;
    (140) 36[deg]45.93[min] N. lat., 121[deg]52.11[min] W. long.;
    (141) 36[deg]40.55[min] N. lat., 121[deg]52.59[min] W. long.;
    (142) 36[deg]38.93[min] N. lat., 121[deg]58.17[min] W. long.;
    (143) 36[deg]36.54[min] N. lat., 122[deg]00.18[min] W. long.;
    (144) 36[deg]32.96[min] N. lat., 121[deg]58.84[min] W. long.;
    (145) 36[deg]33.14[min] N. lat., 121[deg]57.56[min] W. long.;
    (146) 36[deg]31.81[min] N. lat., 121[deg]55.86[min] W. long.;
    (147) 36[deg]31.53[min] N. lat., 121[deg]58.09[min] W. long.;

[[Page 253]]

    (148) 36[deg]23.28[min] N. lat., 121[deg]56.10[min] W. long.;
    (149) 36[deg]17.52[min] N. lat., 121[deg]57.33[min] W. long.;
    (150) 36[deg]15.90[min] N. lat., 121[deg]57.00[min] W. long.;
    (151) 36[deg]11.06[min] N. lat., 121[deg]43.10[min] W. long.;
    (152) 36[deg]02.85[min] N. lat., 121[deg]36.21[min] W. long.;
    (153) 36[deg]01.22[min] N. lat., 121[deg]36.36[min] W. long.;
    (154) 36[deg]00.00[min] N. lat., 121[deg]34.73[min] W. long.;
    (155) 35[deg]58.67[min] N. lat., 121[deg]30.68[min] W. long.;
    (156) 35[deg]54.16[min] N. lat., 121[deg]30.21[min] W. long.;
    (157) 35[deg]46.98[min] N. lat., 121[deg]24.02[min] W. long.;
    (158) 35[deg]40.75[min] N. lat., 121[deg]21.89[min] W. long.;
    (159) 35[deg]34.36[min] N. lat., 121[deg]11.07[min] W. long.;
    (160) 35[deg]29.30[min] N. lat., 121[deg]05.74[min] W. long.;
    (161) 35[deg]22.15[min] N. lat., 120[deg]56.15[min] W. long.;
    (162) 35[deg]14.93[min] N. lat., 120[deg]56.37[min] W. long.;
    (163) 35[deg]04.06[min] N. lat., 120[deg]46.35[min] W. long.;
    (164) 34[deg]45.85[min] N. lat., 120[deg]43.96[min] W. long.;
    (165) 34[deg]37.80[min] N. lat., 120[deg]44.44[min] W. long.;
    (166) 34[deg]32.82[min] N. lat., 120[deg]42.08[min] W. long.;
    (167) 34[deg]27.00[min] N. lat., 120[deg]31.27[min] W. long.;
    (168) 34[deg]24.25[min] N. lat., 120[deg]23.33[min] W. long.;
    (169) 34[deg]26.48[min] N. lat., 120[deg]13.93[min] W. long.;
    (170) 34[deg]25.12[min] N. lat., 120[deg]03.46[min] W. long.;
    (171) 34[deg]17.58[min] N. lat., 119[deg]31.62[min] W. long.;
    (172) 34[deg]11.49[min] N. lat., 119[deg]27.30[min] W. long.;
    (173) 34[deg]05.59[min] N. lat., 119[deg]15.52[min] W. long.;
    (174) 34[deg]08.60[min] N. lat., 119[deg]12.93[min] W. long.;
    (175) 34[deg]04.81[min] N. lat., 119[deg]13.44[min] W. long.;
    (176) 34[deg]04.26[min] N. lat., 119[deg]12.39[min] W. long.;
    (177) 34[deg]03.89[min] N. lat., 119[deg]07.06[min] W. long.;
    (178) 34[deg]05.14[min] N. lat., 119[deg]05.55[min] W. long.;
    (179) 34[deg]01.27[min] N. lat., 118[deg]59.62[min] W. long.;
    (180) 33[deg]59.56[min] N. lat., 118[deg]48.21[min] W. long.;
    (181) 33[deg]59.30[min] N. lat., 118[deg]35.43[min] W. long.;
    (182) 33[deg]55.14[min] N. lat., 118[deg]32.16[min] W. long.;
    (183) 33[deg]52.95[min] N. lat., 118[deg]34.49[min] W. long.;
    (184) 33[deg]51.07[min] N. lat., 118[deg]31.50[min] W. long.;
    (185) 33[deg]52.45[min] N. lat., 118[deg]28.54[min] W. long.;
    (186) 33[deg]49.86[min] N. lat., 118[deg]24.10[min] W. long.;
    (187) 33[deg]47.14[min] N. lat., 118[deg]28.38[min] W. long.;
    (188) 33[deg]44.14[min] N. lat., 118[deg]25.18[min] W. long.;
    (189) 33[deg]41.54[min] N. lat., 118[deg]19.63[min] W. long.;
    (190) 33[deg]37.86[min] N. lat., 118[deg]15.06[min] W. long.;
    (191) 33[deg]36.58[min] N. lat., 118[deg]15.97[min] W. long.;
    (192) 33[deg]34.78[min] N. lat., 118[deg]12.60[min] W. long.;
    (193) 33[deg]34.46[min] N. lat., 118[deg]08.77[min] W. long.;
    (194) 33[deg]35.92[min] N. lat., 118[deg]07.04[min] W. long.;
    (195) 33[deg]36.06[min] N. lat., 118[deg]03.96[min] W. long.;
    (196) 33[deg]34.98[min] N. lat., 118[deg]02.74[min] W. long.;
    (197) 33[deg]34.03[min] N. lat., 117[deg]59.37[min] W. long.;
    (198) 33[deg]35.46[min] N. lat., 117[deg]55.61[min] W. long.;
    (199) 33[deg]34.97[min] N. lat., 117[deg]53.33[min] W. long.;
    (200) 33[deg]31.20[min] N. lat., 117[deg]47.40[min] W. long.;
    (201) 33[deg]27.26[min] N. lat., 117[deg]44.34[min] W. long.;
    (202) 33[deg]24.84[min] N. lat., 117[deg]40.75[min] W. long.;
    (203) 33[deg]11.45[min] N. lat., 117[deg]26.84[min] W. long.;
    (204) 33[deg]07.59[min] N. lat., 117[deg]21.46[min] W. long.;
    (205) 33[deg]01.74[min] N. lat., 117[deg]19.23[min] W. long.;

[[Page 254]]

    (206) 32[deg]56.44[min] N. lat., 117[deg]18.08[min] W. long.;
    (207) 32[deg]54.63[min] N. lat., 117[deg]16.94[min] W. long.;
    (208) 32[deg]51.67[min] N. lat., 117[deg]16.21[min] W. long.;
    (209) 32[deg]52.16[min] N. lat., 117[deg]19.41[min] W. long.;
    (210) 32[deg]46.91[min] N. lat., 117[deg]20.43[min] W. long.;
    (211) 32[deg]43.49[min] N. lat., 117[deg]18.12[min] W. long.; and
    (212) 32[deg]33.00[min] N. lat., 117[deg]16.39[min] W. long.
    (l) The 40 fm (73 m) depth contour around the northern Channel 
Islands off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]07.88[min] N. lat., 120[deg]27.79[min] W. long.;
    (2) 34[deg]07.45[min] N. lat., 120[deg]28.26[min] W. long.;
    (3) 34[deg]07.03[min] N. lat., 120[deg]27.29[min] W. long.;
    (4) 34[deg]06.19[min] N. lat., 120[deg]28.81[min] W. long.;
    (5) 34[deg]06.44[min] N. lat., 120[deg]31.17[min] W. long.;
    (6) 34[deg]05.81[min] N. lat., 120[deg]31.97[min] W. long.;
    (7) 34[deg]03.51[min] N. lat., 120[deg]29.61[min] W. long.;
    (8) 34[deg]01.56[min] N. lat., 120[deg]28.83[min] W. long.;
    (9) 34[deg]00.81[min] N. lat., 120[deg]27.94[min] W. long.;
    (10) 33[deg]59.26[min] N. lat., 120[deg]17.95[min] W. long.;
    (11) 33[deg]54.71[min] N. lat., 120[deg]12.72[min] W. long.;
    (12) 33[deg]51.61[min] N. lat., 120[deg]02.49[min] W. long.;
    (13) 33[deg]51.68[min] N. lat., 119[deg]59.41[min] W. long.;
    (14) 33[deg]52.71[min] N. lat., 119[deg]57.25[min] W. long.;
    (15) 33[deg]55.83[min] N. lat., 119[deg]55.92[min] W. long.;
    (16) 33[deg]59.64[min] N. lat., 119[deg]56.03[min] W. long.;
    (17) 33[deg]56.30[min] N. lat., 119[deg]48.63[min] W. long.;
    (18) 33[deg]56.77[min] N. lat., 119[deg]41.87[min] W. long.;
    (19) 33[deg]58.54[min] N. lat., 119[deg]34.98[min] W. long.;
    (20) 33[deg]59.52[min] N. lat., 119[deg]24.69[min] W. long.;
    (21) 34[deg]00.24[min] N. lat., 119[deg]21.00[min] W. long.;
    (22) 34[deg]02.00[min] N. lat., 119[deg]19.57[min] W. long.;
    (23) 34[deg]01.29[min] N. lat., 119[deg]23.92[min] W. long.;
    (24) 34[deg]01.95[min] N. lat., 119[deg]28.94[min] W. long.;
    (25) 34[deg]03.90[min] N. lat., 119[deg]33.43[min] W. long.;
    (26) 34[deg]03.31[min] N. lat., 119[deg]36.51[min] W. long.;
    (27) 34[deg]02.13[min] N. lat., 119[deg]37.99[min] W. long.;
    (28) 34[deg]01.96[min] N. lat., 119[deg]40.35[min] W. long.;
    (29) 34[deg]03.52[min] N. lat., 119[deg]43.22[min] W. long.;
    (30) 34[deg]04.03[min] N. lat., 119[deg]45.66[min] W. long.;
    (31) 34[deg]04.03[min] N. lat., 119[deg]48.13[min] W. long.;
    (32) 34[deg]05.15[min] N. lat., 119[deg]52.97[min] W. long.;
    (33) 34[deg]05.47[min] N. lat., 119[deg]57.55[min] W. long.;
    (34) 34[deg]04.43[min] N. lat., 120[deg]02.29[min] W. long.;
    (35) 34[deg]05.64[min] N. lat., 120[deg]04.05[min] W. long.;
    (36) 34[deg]04.16[min] N. lat., 120[deg]07.60[min] W. long.;
    (37) 34[deg]05.04[min] N. lat., 120[deg]12.78[min] W. long.;
    (38) 34[deg]04.45[min] N. lat., 120[deg]17.78[min] W. long.;
    (39) 34[deg]07.37[min] N. lat., 120[deg]24.14[min] W. long.; and
    (40) 34[deg]07.88[min] N. lat., 120[deg]27.79[min] W. long.
    (m) The 40 fm (73 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]02.94[min] N. lat., 118[deg]38.42[min] W. long.;
    (2) 33[deg]01.79[min] N. lat., 118[deg]37.67[min] W. long.;
    (3) 33[deg]00.47[min] N. lat., 118[deg]37.65[min] W. long.;
    (4) 32[deg]59.64[min] N. lat., 118[deg]37.04[min] W. long.;
    (5) 32[deg]59.81[min] N. lat., 118[deg]36.37[min] W. long.;
    (6) 32[deg]57.84[min] N. lat., 118[deg]35.67[min] W. long.;
    (7) 32[deg]55.89[min] N. lat., 118[deg]33.88[min] W. long.;
    (8) 32[deg]54.75[min] N. lat., 118[deg]33.57[min] W. long.;
    (9) 32[deg]53.75[min] N. lat., 118[deg]32.47[min] W. long.;
    (10) 32[deg]50.36[min] N. lat., 118[deg]30.50[min] W. long.;
    (11) 32[deg]49.78[min] N. lat., 118[deg]29.65[min] W. long.;
    (12) 32[deg]49.70[min] N. lat., 118[deg]28.96[min] W. long.;
    (13) 32[deg]46.79[min] N. lat., 118[deg]25.60[min] W. long.;
    (14) 32[deg]45.24[min] N. lat., 118[deg]24.55[min] W. long.;
    (15) 32[deg]45.94[min] N. lat., 118[deg]24.12[min] W. long.;
    (16) 32[deg]46.85[min] N. lat., 118[deg]24.79[min] W. long.;
    (17) 32[deg]48.49[min] N. lat., 118[deg]23.25[min] W. long.;
    (18) 32[deg]48.80[min] N. lat., 118[deg]20.52[min] W. long.;
    (19) 32[deg]49.76[min] N. lat., 118[deg]20.98[min] W. long.;
    (20) 32[deg]55.04[min] N. lat., 118[deg]27.97[min] W. long.;
    (21) 32[deg]55.48[min] N. lat., 118[deg]29.01[min] W. long.;
    (22) 33[deg]00.35[min] N. lat., 118[deg]32.61[min] W. long.;
    (23) 33[deg]01.79[min] N. lat., 118[deg]33.66[min] W. long.;
    (24) 33[deg]02.98[min] N. lat., 118[deg]35.40[min] W. long.; and
    (25) 33[deg]02.94[min] N. lat., 118[deg]38.42[min] W. long.
    (n) The 40 fm (73 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.90[min] N. lat., 118[deg]36.43[min] W. long.;
    (2) 33[deg]28.49[min] N. lat., 118[deg]36.70[min] W. long.;
    (3) 33[deg]28.02[min] N. lat., 118[deg]36.70[min] W. long.;
    (4) 33[deg]25.81[min] N. lat., 118[deg]33.95[min] W. long.;
    (5) 33[deg]25.78[min] N. lat., 118[deg]32.94[min] W. long.;
    (6) 33[deg]24.77[min] N. lat., 118[deg]29.99[min] W. long.;
    (7) 33[deg]23.19[min] N. lat., 118[deg]29.61[min] W. long.;
    (8) 33[deg]20.81[min] N. lat., 118[deg]30.52[min] W. long.;
    (9) 33[deg]21.06[min] N. lat., 118[deg]31.52[min] W. long.;
    (10) 33[deg]20.43[min] N. lat., 118[deg]31.62[min] W. long.;
    (11) 33[deg]20.45[min] N. lat., 118[deg]30.46[min] W. long.;
    (12) 33[deg]18.71[min] N. lat., 118[deg]27.64[min] W. long.;
    (13) 33[deg]17.36[min] N. lat., 118[deg]18.75[min] W. long.;
    (14) 33[deg]19.17[min] N. lat., 118[deg]17.56[min] W. long.;
    (15) 33[deg]22.20[min] N. lat., 118[deg]20.11[min] W. long.;
    (16) 33[deg]23.31[min] N. lat., 118[deg]20.45[min] W. long.;
    (17) 33[deg]24.71[min] N. lat., 118[deg]22.13[min] W. long.;
    (18) 33[deg]25.27[min] N. lat., 118[deg]23.30[min] W. long.;
    (19) 33[deg]26.73[min] N. lat., 118[deg]28.00[min] W. long.;
    (20) 33[deg]27.85[min] N. lat., 118[deg]29.33[min] W. long.;
    (21) 33[deg]27.91[min] N. lat., 118[deg]29.93[min] W. long.;
    (22) 33[deg]28.79[min] N. lat., 118[deg]32.16[min] W. long.; and

[[Page 255]]

    (23) 33[deg]28.90[min] N. lat., 118[deg]36.43[min] W. long.

[69 FR 77042, Dec. 23, 2004, as amended at 70 FR 16149, Mar. 30, 2005; 
71 FR 8498, Feb. 17, 2006; 71 FR 78665, Dec. 29, 2006; 72 FR 13045, Mar. 
20, 2007; 74 FR 9893, Mar. 6, 2009]



Sec. 660.392  Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 50 fm (91 m) through 75 fm (137 m) depth contours.
    (a) The 50-fm (91-m) depth contour between the U.S. border with 
Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]22.15[min] N. lat., 124[deg]43.15[min] W. long.;
    (2) 48[deg]22.15[min] N. lat., 124[deg]49.10[min] W. long.;
    (3) 48[deg]20.03[min] N. lat., 124[deg]51.18[min] W. long.;
    (4) 48[deg]16.61[min] N. lat., 124[deg]53.72[min] W. long.;
    (5) 48[deg]14.68[min] N. lat., 124[deg]54.50[min] W. long.;
    (6) 48[deg]12.02[min] N. lat., 124[deg]55.29[min] W. long.;
    (7) 48[deg]10.00[min] N. lat., 124[deg]55.68[min] W. long.;
    (8) 48[deg]03.14[min] N. lat., 124[deg]57.02[min] W. long.;
    (9) 47[deg]56.05[min] N. lat., 124[deg]55.60[min] W. long.;
    (10) 47[deg]52.58[min] N. lat., 124[deg]54.00[min] W. long.;
    (11) 47[deg]50.18[min] N. lat., 124[deg]52.36[min] W. long.;
    (12) 47[deg]45.34[min] N. lat., 124[deg]51.07[min] W. long.;
    (13) 47[deg]40.96[min] N. lat., 124[deg]48.84[min] W. long.;
    (14) 47[deg]34.59[min] N. lat., 124[deg]46.24[min] W. long.;
    (15) 47[deg]27.86[min] N. lat., 124[deg]42.12[min] W. long.;
    (16) 47[deg]22.34[min] N. lat., 124[deg]39.43[min] W. long.;
    (17) 47[deg]17.66[min] N. lat., 124[deg]38.75[min] W. long.;
    (18) 47[deg]06.25[min] N. lat., 124[deg]39.74[min] W. long.;
    (19) 47[deg]00.43[min] N. lat., 124[deg]38.01[min] W. long.;
    (20) 46[deg]52.00[min] N. lat., 124[deg]32.44[min] W. long.;
    (21) 46[deg]38.17[min] N. lat., 124[deg]26.66[min] W. long.;
    (22) 46[deg]35.41[min] N. lat., 124[deg]25.51[min] W. long.;
    (23) 46[deg]25.43[min] N. lat., 124[deg]23.46[min] W. long.;
    (24) 46[deg]16.00[min] N. lat., 124[deg]17.32[min] W. long.;
    (25) 45[deg]50.88[min] N. lat., 124[deg]09.68[min] W. long.;
    (26) 45[deg]46.00[min] N. lat., 124[deg]09.39[min] W. long.;
    (27) 45[deg]20.25[min] N. lat., 124[deg]07.34[min] W. long.;
    (28) 45[deg]12.99[min] N. lat., 124[deg]06.71[min] W. long.;
    (29) 45[deg]03.83[min] N. lat., 124[deg]09.17[min] W. long.;
    (30) 44[deg]52.48[min] N. lat., 124[deg]11.22[min] W. long.;
    (31) 44[deg]42.41[min] N. lat., 124[deg]19.70[min] W. long.;
    (32) 44[deg]38.80[min] N. lat., 124[deg]26.58[min] W. long.;
    (33) 44[deg]23.39[min] N. lat., 124[deg]31.70[min] W. long.;
    (34) 44[deg]20.30[min] N. lat., 124[deg]38.72[min] W. long.;
    (35) 44[deg]13.52[min] N. lat., 124[deg]40.45[min] W. long.;
    (36) 44[deg]18.80[min] N. lat., 124[deg]35.48[min] W. long.;
    (37) 44[deg]19.62[min] N. lat., 124[deg]27.18[min] W. long.;
    (38) 44[deg]08.30[min] N. lat., 124[deg]22.17[min] W. long.;
    (39) 43[deg]56.65[min] N. lat., 124[deg]16.86[min] W. long.;
    (40) 43[deg]34.95[min] N. lat., 124[deg]17.47[min] W. long.;
    (41) 43[deg]20.83[min] N. lat., 124[deg]29.11[min] W. long.;
    (42) 43[deg]12.60[min] N. lat., 124[deg]35.80[min] W. long.;
    (43) 43[deg]08.96[min] N. lat., 124[deg]33.77[min] W. long.;
    (44) 42[deg]59.66[min] N. lat., 124[deg]34.79[min] W. long.;
    (45) 42[deg]54.29[min] N. lat., 124[deg]39.46[min] W. long.;
    (46) 42[deg]50.00[min] N. lat., 124[deg]39.84[min] W. long.;
    (47) 42[deg]46.50[min] N. lat., 124[deg]39.99[min] W. long.;
    (48) 42[deg]41.00[min] N. lat., 124[deg]34.92[min] W. long.;
    (49) 42[deg]40.50[min] N. lat., 124[deg]34.98[min] W. long.;
    (50) 42[deg]36.29[min] N. lat., 124[deg]34.70[min] W. long.;
    (51) 42[deg]28.36[min] N. lat., 124[deg]37.90[min] W. long.;
    (52) 42[deg]25.53[min] N. lat., 124[deg]37.68[min] W. long.;
    (53) 42[deg]18.64[min] N. lat., 124[deg]29.47[min] W. long.;
    (54) 42[deg]13.67[min] N. lat., 124[deg]27.67[min] W. long.;
    (55) 42[deg]03.04[min] N. lat., 124[deg]25.81[min] W. long.;
    (56) 42[deg]00.00[min] N. lat., 124[deg]26.21[min] W. long.;
    (57) 41[deg]57.60[min] N. lat., 124[deg]27.35[min] W. long.;
    (58) 41[deg]52.53[min] N. lat., 124[deg]26.51[min] W. long.;
    (59) 41[deg]50.17[min] N. lat., 124[deg]25.63[min] W. long.;
    (60) 41[deg]46.01[min] N. lat., 124[deg]22.16[min] W. long.;
    (61) 41[deg]26.50[min] N. lat., 124[deg]21.78[min] W. long.;
    (62) 41[deg]15.66[min] N. lat., 124[deg]16.42[min] W. long.;
    (63) 41[deg]05.45[min] N. lat., 124[deg]16.89[min] W. long.;
    (64) 40[deg]54.55[min] N. lat., 124[deg]19.53[min] W. long.;
    (65) 40[deg]42.22[min] N. lat., 124[deg]28.29[min] W. long.;
    (66) 40[deg]39.68[min] N. lat., 124[deg]28.37[min] W. long.;
    (67) 40[deg]36.76[min] N. lat., 124[deg]27.39[min] W. long.;
    (68) 40[deg]34.44[min] N. lat., 124[deg]28.89[min] W. long.;
    (69) 40[deg]32.57[min] N. lat., 124[deg]32.43[min] W. long.;
    (70) 40[deg]30.95[min] N. lat., 124[deg]33.87[min] W. long.;
    (71) 40[deg]30.00[min] N. lat., 124[deg]34.18[min] W. long.;
    (72) 40[deg]28.90[min] N. lat., 124[deg]34.59[min] W. long.;
    (73) 40[deg]24.36[min] N. lat., 124[deg]31.42[min] W. long.;
    (74) 40[deg]23.66[min] N. lat., 124[deg]28.35[min] W. long.;
    (75) 40[deg]22.54[min] N. lat., 124[deg]24.71[min] W. long.;
    (76) 40[deg]21.52[min] N. lat., 124[deg]24.86[min] W. long.;
    (77) 40[deg]21.25[min] N. lat., 124[deg]25.59[min] W. long.;
    (78) 40[deg]20.63[min] N. lat., 124[deg]26.47[min] W. long.;
    (79) 40[deg]19.18[min] N. lat., 124[deg]25.98[min] W. long.;
    (80) 40[deg]18.42[min] N. lat., 124[deg]24.77[min] W. long.;
    (81) 40[deg]18.64[min] N. lat., 124[deg]22.81[min] W. long.;
    (82) 40[deg]15.31[min] N. lat., 124[deg]25.28[min] W. long.;
    (83) 40[deg]15.37[min] N. lat., 124[deg]26.82[min] W. long.;
    (84) 40[deg]11.91[min] N. lat., 124[deg]22.68[min] W. long.;
    (85) 40[deg]10.00[min] N. lat., 124[deg]19.97[min] W. long.;
    (86) 40[deg]09.20[min] N. lat., 124[deg]15.81[min] W. long.;
    (87) 40[deg]07.51[min] N. lat., 124[deg]15.29[min] W. long.;
    (88) 40[deg]05.22[min] N. lat., 124[deg]10.06[min] W. long.;
    (89) 40[deg]06.51[min] N. lat., 124[deg]08.01[min] W. long.;
    (90) 40[deg]00.72[min] N. lat., 124[deg]08.45[min] W. long.;
    (91) 39[deg]56.60[min] N. lat., 124[deg]07.12[min] W. long.;
    (92) 39[deg]52.58[min] N. lat., 124[deg]03.57[min] W. long.;
    (93) 39[deg]50.65[min] N. lat., 123[deg]57.98[min] W. long.;
    (94) 39[deg]40.16[min] N. lat., 123[deg]52.41[min] W. long.;
    (95) 39[deg]30.12[min] N. lat., 123[deg]52.92[min] W. long.;
    (96) 39[deg]24.53[min] N. lat., 123[deg]55.16[min] W. long.;
    (97) 39[deg]11.58[min] N. lat., 123[deg]50.93[min] W. long.;

[[Page 256]]

    (98) 38[deg]57.50[min] N. lat., 123[deg]51.10[min] W. long.;
    (99) 38[deg]55.13[min] N. lat., 123[deg]51.14[min] W. long.;
    (100) 38[deg]28.58[min] N. lat., 123[deg]22.84[min] W. long.;
    (101) 38[deg]14.60[min] N. lat., 123[deg]09.92[min] W. long.;
    (102) 38[deg]01.84[min] N. lat., 123[deg]09.75[min] W. long.;
    (103) 38[deg]00.00[min] N. lat., 123[deg]09.25[min] W. long.;
    (104) 37[deg]55.24[min] N. lat., 123[deg]08.30[min] W. long.;
    (105) 37[deg]52.06[min] N. lat., 123[deg]09.19[min] W. long.;
    (106) 37[deg]50.21[min] N. lat., 123[deg]14.90[min] W. long.;
    (107) 37[deg]35.67[min] N. lat., 122[deg]55.43[min] W. long.;
    (108) 37[deg]11.00[min] N. lat., 122[deg]31.67[min] W. long.;
    (109) 37[deg]07.00[min] N. lat., 122[deg]28.00[min] W. long.;
    (110) 37[deg]03.06[min] N. lat., 122[deg]24.22[min] W. long.;
    (111) 36[deg]50.20[min] N. lat., 122[deg]03.58[min] W. long.;
    (112) 36[deg]51.46[min] N. lat., 121[deg]57.54[min] W. long.;
    (113) 36[deg]48.53[min] N. lat., 121[deg]57.84[min] W. long.;
    (114) 36[deg]48.91[min] N. lat., 121[deg]49.92[min] W. long.;
    (115) 36[deg]36.82[min] N. lat., 122[deg]00.66[min] W. long.;
    (116) 36[deg]32.89[min] N. lat., 121[deg]58.85[min] W. long.;
    (117) 36[deg]33.10[min] N. lat., 121[deg]57.56[min] W. long.;
    (118) 36[deg]31.82[min] N. lat., 121[deg]55.96[min] W. long.;
    (119) 36[deg]31.57[min] N. lat., 121[deg]58.15[min] W. long.;
    (120) 36[deg]23.15[min] N. lat., 121[deg]57.12[min] W. long.;
    (121) 36[deg]17.10[min] N. lat., 122[deg]00.53[min] W. long.;
    (122) 36[deg]10.41[min] N. lat., 121[deg]42.88[min] W. long.;
    (123) 36[deg]02.56[min] N. lat., 121[deg]36.37[min] W. long.;
    (124) 36[deg]01.11[min] N. lat., 121[deg]36.39[min] W. long.;
    (125) 36[deg]00.00[min] N. lat., 121[deg]35.15[min] W. long.;
    (126) 35[deg]58.26[min] N. lat., 121[deg]32.88[min] W. long.;
    (127) 35[deg]40.38[min] N. lat., 121[deg]22.59[min] W. long.;
    (128) 35[deg]27.74[min] N. lat., 121[deg]04.69[min] W. long.;
    (129) 35[deg]01.43[min] N. lat., 120[deg]48.01[min] W. long.;
    (130) 34[deg]37.98[min] N. lat., 120[deg]46.48[min] W. long.;
    (131) 34[deg]32.98[min] N. lat., 120[deg]43.34[min] W. long.;
    (132) 34[deg]27.00[min] N. lat., 120[deg]33.31[min] W. long.;
    (133) 34[deg]23.47[min] N. lat., 120[deg]24.76[min] W. long.;
    (134) 34[deg]25.78[min] N. lat., 120[deg]16.82[min] W. long.;
    (135) 34[deg]24.65[min] N. lat., 120[deg]04.83[min] W. long.;
    (136) 34[deg]23.18[min] N. lat., 119[deg]56.18[min] W. long.;
    (137) 34[deg]19.20[min] N. lat., 119[deg]41.64[min] W. long.;
    (138) 34[deg]16.82[min] N. lat., 119[deg]35.32[min] W. long.;
    (139) 34[deg]13.43[min] N. lat., 119[deg]32.29[min] W. long.;
    (140) 34[deg]05.39[