[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2478-2480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2011-32873]



National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 110314196-1725-02]
RIN 0648-BA97

Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Gulf of Alaska; Amendment 88


Sec.  679.81  [Corrected]

    In rule document 2011-32873 appearing on pages 81248-81293 in the 
issue of December 27, 2011, make the following correction:
    On pages 81283-81283, the table at Sec.  679.81(i)(3) is reprinted 
in its entirety:

[[Page 2479]]

                                 Catcher vessel       Catcher/processor
         Requirement                 sector                sector
(i) Who may join a rockfish   Only persons who hold rockfish QS may join
 cooperative?.                 a rockfish cooperative.
(ii) What is the minimum      No minimum requirement.
 number of LLP licenses that
 must be assigned to form a
 rockfish cooperative?
(iii) Is an association with  Yes, a rockfish QS    No.
 a rockfish processor          holder may only be
 required?                     a member of a
                               cooperative formed
                               in association with
                               a rockfish
                               processor. The
                               cooperative may not
                               receive rockfish CQ
                               unless a shoreside
                               processor eligible
                               to receive rockfish
                               CQ has indicated
                               that it may be
                               willing to receive
                               rockfish CQ from
                               that cooperative in
                               the application for
                               CQ, as described
                               under Sec.
                               679.81, that is
                               submitted by that
(iv) Is a rockfish            No..................  N/A.
 cooperative member required
 to deliver catch to the
 rockfish processor with
 whom the rockfish
 cooperative is associated?
(v) Is there a minimum        No..................  No.
 amount of rockfish QS that
 must be assigned to a
 rockfish cooperative for it
 to be allowed to form?
(vi) What is allocated to     CQ for rockfish primary species, rockfish
 the rockfish cooperative?     secondary species, and rockfish halibut
                               PSC, based on the rockfish QS assigned to
                               all of the LLP licenses that are assigned
                               to the cooperative.
(vii) Is this CQ an           Yes, the members of the rockfish
 exclusive harvest             cooperative have an exclusive harvest
 privilege?.                   privilege to collectively catch this CQ,
                               or a cooperative may transfer all or a
                               portion of this CQ to another rockfish
(viii) Is there a season      Yes, any vessel designated to catch CQ for
 during which designated       a rockfish cooperative is limited to
 vessels may catch CQ?         catching CQ during the season beginning
                               on 1200 hours, A.l.t., on May 1 through
                               1200 hours, A.l.t., on November 15.
(ix) Can any vessel catch a   No, only vessels that are named on the
 rockfish cooperative's CQ?    application for CQ for that rockfish
                               cooperative may catch the CQ assigned to
                               that rockfish cooperative. A vessel may
                               be assigned to only one rockfish
                               cooperative in a calendar year.
(x) Can a member of a         No, only the rockfish cooperative's
 rockfish cooperative          designated representative, and not
 transfer CQ individually to   individual members, may transfer its CQ
 another rockfish              to another rockfish cooperative. Any such
 cooperative without the       transfer must be approved by NMFS as
 approval of the other         established under paragraph (i)(4)(ii) of
 members of the rockfish       this section.
(xi) Can a rockfish           N/A.................  No, a sideboard
 cooperative in the catcher/                         limit assigned to a
 processor sector transfer                           rockfish
 its sideboard limit?                                cooperative in the
                                                     sector is a limit
                                                     applicable to a
                                                     specific rockfish
                                                     cooperative, and
                                                     may not be
                                                     transferred between
(xii) Is there a hired        No, there is no hired master requirement.
 master requirement?.
(xiii) Can an LLP license be  No, an LLP license may only be assigned to
 assigned to more than one     one rockfish cooperative in a calendar
 rockfish cooperative in a     year. A person holding multiple LLP
 calendar year?                licenses with associated rockfish QS may
                               assign different LLP licenses to
                               different rockfish cooperatives subject
                               to any other restrictions that may apply.
(xiv) Can a rockfish          Yes.................  N/A.
 processor be associated
 with more than one rockfish
(xv) Can an LLP license be    N/A.................  No, each calendar
 assigned to a rockfish                              year an LLP license
 cooperative and opt-out of                          must either be
 participating in a rockfish                         assigned to a
 cooperative?                                        rockfish
                                                     cooperative or opt-
(xvi) Which members may       That is determined by the rockfish
 harvest the rockfish          cooperative contract signed by its
 cooperative's CQ?             members. Any violations of this contract
                               by one cooperative member may be subject
                               to civil claims by other members of the
                               rockfish cooperative.
(xvii) Does a rockfish        Yes, a rockfish cooperative must have a
 cooperative need a            membership agreement or contract that
 contract?                     specifies how the rockfish cooperative
                               intends to harvest its CQ. A copy of this
                               agreement or contract must be submitted
                               to NMFS with the cooperative's
                               application for CQ.

[[Page 2480]]

(xviii) What happens if the   A rockfish cooperative is not authorized
 rockfish cooperative          to catch fish in excess of its CQ and
 exceeds its CQ amount?        must not exceed its CQ amount at the end
                               of the calendar year. Exceeding a CQ is a
                               violation of the Rockfish Program
                               regulations. Each member of the rockfish
                               cooperative is jointly and severally
                               liable for any violations of the Rockfish
                               Program regulations while fishing under
                               authority of a CQ permit. This liability
                               extends to any persons who are hired to
                               catch or receive CQ assigned to a
                               rockfish cooperative. Each member of a
                               rockfish cooperative is responsible for
                               ensuring that all members of the rockfish
                               cooperative comply with all regulations
                               applicable to fishing under the Rockfish
(xix) Is there a limit on     Yes, see Sec.   679.82(a) for the
 how much CQ a rockfish        provisions that apply.
 cooperative may hold or
(xx) Is there a limit on how  Yes, see Sec.   679.82(a) for the
 much CQ a vessel may          provisions that apply.
(xxi) Is there a requirement  Yes, see Sec.   679.85 for the provisions
 that a rockfish cooperative   that apply.
 pay rockfish cost recovery
(xxii) When does catch count  Any vessel fishing checked-in (and
 against my CQ permit?         therefore fishing under the authority of
                               a CQ permit must count any catch of
                               rockfish primary species, rockfish
                               secondary species, or rockfish halibut
                               PSC against that rockfish cooperative's
                               CQ from May 1 until November 15, or until
                               the effective date of a rockfish
                               cooperative termination of fishing
                               declaration that has been approved by
(xxiii) If my vessel is       No. If you are fishing in a directed
 checked-out and fishing in    flatfish fishery and checked-out of the
 a directed flatfish fishery   Rockfish Program fisheries, you are not
 in the Central GOA and I      fishing under the authority of a CQ
 catch groundfish and          permit. Groundfish harvests would not be
 halibut PSC, does that        debited against the rockfish
 count against the rockfish    cooperative's CQ permit. In this case,
 cooperative's CQ?             any catch of halibut would be attributed
                               to the halibut PSC limit for that
                               directed target fishery and gear type and
                               any applicable sideboard limit.
(xxiv) Can my rockfish        The rockfish cooperatives formed under the
 cooperative negotiate         Rockfish Program are intended to conduct
 prices for me?                and coordinate harvest activities for
                               their members. Rockfish cooperatives
                               formed under the Rockfish Program are
                               subject to existing antitrust laws.
                               Collective price negotiation by a
                               rockfish cooperative must be conducted in
                               accordance with existing antitrust laws.
(xxv) Are there any special   Yes, each year a rockfish cooperative must
 reporting requirements?       submit an annual rockfish cooperative
                               report to NMFS by December 15 of that
                               year. See Sec.   679.5(r)(6) for the
                               reporting requirements.
(xxvi) What is required in    The annual rockfish cooperative report
 the annual rockfish           must include at a minimum:
 cooperative report?
                              (A) The rockfish cooperative's CQ,
                               sideboard limit (if applicable), and any
                               rockfish sideboard fishery harvests made
                               by the vessels in the rockfish
                               cooperative on a vessel-by-vessel basis;
                              (B) The rockfish cooperative's actual
                               retained and discarded catch of CQ, and
                               sideboard limit on an area-by-area and
                               vessel-by-vessel basis;
                              (C) A description of the method used by
                               the rockfish cooperative to monitor
                               fisheries in which rockfish cooperative
                               vessels participated; and
                              (D) A description of any civil actions
                               taken by the rockfish cooperative in
                               response to any members that exceeded
                               their allowed catch.

[FR Doc. C1-2011-32873 Filed 1-17-12; 8:45 am]