Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Proposed Rules]
[Page 63249-63298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-35]
[[pp. 63249-63298]]
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
[[Continued from page 63248]]
[[Page 63249]]
would be required to participate in a VMS program. Depending on which
brand of VMS a vessel chooses to purchase, NMFS estimates that this
requirement would impose a cost of $2,000 per vessel for equipment
purchase, $780 for installation and maintenance, and $5 per day for
data transmission costs. Based on the number of qualified vessels, NMFS
estimates that a maximum of 276 vessels, of which 238 are considered
small entities, could incur this cost if they choose to participate in
the Program.
Collection-of-information
This rule contains new collection-of-information
requirements subject to review and approval by OMB under the Paperwork
Reduction Act (PRA). These requirements have been submitted to OMB for
approval. Public reporting burden per response for these requirements
are listed by topic.
Crab Permits, Transfers, and Fees
These requirements and their associated burden estimates per
response are: 2 hours for Annual Application for Crab IFQ/IPQ Permit; 2
hours for Application for Crab QS/IFQ or PQS/IPQ; 2 hours for
Application for annual crab harvesting cooperative IFQ permit; 30
minutes for Application for Crab IFQ Hired Master permit; 30 minutes
for Application for RCR Permit; 20 minutes for Application for Federal
crab vessel permit; 2 hours for Application for eligibility to receive
Crab QS/IFQ or PQS/IPQ by transfer; 2 hours for Application to Become
an Eligible Crab Community Organization (ECCO); 2 hours for Application
for transfer of Crab QS/IFQ or PQS/IPQ; 2 hours for Application for
transfer of crab QS/IFQ to or from an ECCO; 2 hours for Application for
Inter-cooperative Transfer; 30 minutes for RCR fee submission
form; and 4 hours for a letter of appeal, if denied a permit.
Crab Reports
These requirements and their associated burden estimates per
response are: 35 minutes to electronically submit crab landing report
and print receipts, 35 minutes to submit crab landing report paper
backup (ADF&G fish ticket), 15 minutes for application for user ID, 20
minutes for CP offload report, 40 hours for ECCO annual report for an
ECC.
Crab Economic Data Reports
These requirements and their associated burden estimates per
response are: 25 hours for Catcher processor historical EDR, 25 hours
for Catcher processor annual EDR, 15 hours for Catcher vessel
historical EDR, 15 hours for Catcher vessel annual EDR, 15 hours for
Catcher vessel annual EDR, 15 hours for Stationary crab floating
processor historical EDR, 15 hours for Stationary crab floating
processor annual EDR, 15 hours for Shoreside crab processor historical
EDR, 15 hours for Shoreside crab processor annual EDR, and 3 hours for
historical and annual audits.
Crab Arbitration Reports
These requirements and their associated burden estimates per
response are: 4 hours for Annual Arbitration Organization Report, 1
hour for Arbitration Organization miscellaneous reporting, 40 hours for
Market Report, 40 hours for Non-binding Price Formula Report, and 45
minutes to establish price for arbitration negotiations.
This rule also contains revised requirements that have been
submitted to OMB for approval. These requirements are listed by OMB
control number.
OMB No. 0648--0213
This requirement and its associated burden estimate per response
is: 14 minutes for Vessel Activity Report, 20 minutes for Product
transfer report, and 28 minutes for Catcher vessel longline and pot
gear daily fishing logbook.
OMB No. 0648--0272
These revised requirements and their associated burden estimates
per response are: 6 minutes for Application for Replacement of
Certificates, Permits, or Cards; 6 minutes for Transshipment
authorization; and 6 minutes for Departure report.
OMB No. 0648--0330
These revised requirements and their associated burden estimates
per response are: 6 minutes for At-sea inspection request, 45
minutes for Record of daily scale tests, 45 minutes for printed output
of at-sea scale weight, 45 minutes for printed output of State
of Alaska scale weight, 80 hours for scale type evaluation, 6 minutes
for at-sea scale approval report/sticker, 2 hours for Observer
sampling station inspection request, 2 minutes for prior notice to
Observers of scale tests, and 40 hours for Crab catch monitoring plan.
OMB No. 0648--0445
These revised requirements and their associated burden estimates
per response are: 12 minutes for VMS check-in form, 6 hours for
VMS installation, 4 hours for VMS annual maintenance, and 6 seconds for
each VMS transmission.
Response times include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology.
Send comments on these or any other aspects of the collection of
information to NMFS, Alaska Region at the ADDRESSES above, and
e-mail to DRostker@omb.eop.gov, or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
A Draft Environmental Impact Statement (EIS) (dated March 2004) was
prepared for this rule and made available to the public for comment (69
FR 13036, March 19, 2004). The Final EIS was prepared and made
available to the public on September 3, 2004 (69 FR 53915). Copies of
the Final EIS for this action are available from NMFS (see ADDRESSES).
Dated: October 22, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended and new 50 CFR part 680 is proposed to be added
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et
seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027,
Pub. L. 106-31, 113 Stat. 57; 16 U.S.C. 1540(f).
[[Page 63250]]
2. In Sec. 679.1, revise paragraphs (g) and (j) to read as follows:
Sec. 679.1 Purpose and scope.
* * * * *
(g) Fishery Management Plan for Bering Sea/Aleutian Islands King
and Tanner Crabs. Regulations in this part govern commercial fishing
for king and Tanner crab in the Bering Sea and Aleutian Islands Area by
vessels of the United States, and supersede State of Alaska regulations
applicable to the commercial king and Tanner crab fisheries in the
Bering Sea and Aleutian Islands Area EEZ that are determined to be
inconsistent with the FMP (see subparts A, B, and E of this part).
Additional regulations governing commercial fishing for, and processing
of, king and Tanner crab managed pursuant to section 313(j) of the
Magnuson-Stevens Act and the Crab Rationalization Program are
codified at 50 CFR part 680.
* * * * *
(j) License Limitation Program (LLP). (1) Regulations in this part
implement the LLP for the commercial groundfish fisheries in the EEZ
off Alaska and the LLP for the commercial crab fisheries in the Bering
Sea and Aleutian Islands Area.
(2) Regulations in this part govern the commercial fishing for
groundfish under the LLP by vessels of the United States using
authorized gear within the GOA and the BSAI and the commercial fishing
for crab species under the LLP by vessels of the United States using
authorized gear within the Bering Sea and Aleutian Islands Area.
* * * * *
3. In Sec. 679.2, revise the definitions of ``Alaska local time,''
and ``Shoreside processor,'' revise paragraphs (2) and (3) of the
``Directed fishing'' definition, and add a definition of ``Registered
crab receiver'' in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Alaska local time (A.l.t.) means the time in the Alaska time zone.
* * * * *
Directed fishing means:
* * * * *
(2) With respect to license limitation groundfish species, directed
fishing as defined in paragraph (1) of this definition.
(3) With respect to crab species under this part, the catching and
retaining of any crab species.
* * * * *
Registered crab receiver (RCR) means a person issued by the
Regional Administrator an RCR permit described under 50 CFR part 680.
* * * * *
Shoreside processor means any person or vessel that receives,
purchases, or arranges to purchase, unprocessed groundfish, except
catcher/processors, motherships, buying stations, restaurants, or
persons receiving groundfish for personal consumption or bait.
* * * * *
4. In Sec. 679.3, revise paragraph (d) to read as follows:
Sec. 679.3 Relation to other laws.
* * * * *
(d) King and Tanner crabs. Additional regulations governing
conservation and management of king crab and Tanner crab in the Bering
Sea and Aleutian Islands Area are contained in 50 CFR part 680 and in
Alaska Statutes at A.S. 16 and Alaska Administrative Code at 5 AAC
Chapters 34, 35, and 39.
* * * * *
5. In Sec. 679.4, revise paragraph (k)(1)(ii), remove and reserve
paragraphs (l)(3)(ii)(D), (l)(4)(i), and (l)(5)(ii), and remove
paragraphs (l)(4)(ii)(D), (l)(4)(ii)(E), (l)(5)(iv)(E), and
(l)(5)(iv)(F) to read as follows:
Sec. 679.4 Permits.
* * * * *
(k) * * *
(1) * * *
(ii) Each vessel must have a crab species license issued by NMFS on
board at all times it is engaged in fishing activities, defined in
Sec. 679.2, for the crab fisheries identified in this paragraph. A
crab species license may be used only to participate in the fisheries
designated on the license and on a vessel that complies with the vessel
designation and MLOA specified on the license. NMFS requires a crab
species license for participation in the following crab fisheries:
(A) Aleutian Islands red king crab in waters of the EEZ with an
eastern boundary the longitude of Scotch Cap Light (164[deg]44' W.
long.) to 53[deg]30' N. lat., then west to 165[deg] W. long., a western
boundary of 174[deg] W. long., and a northern boundary of a line from
the latitude of Cape Sarichef (54[deg]36' N. lat.) westward to 171[deg]
W. long., then north to 55[deg]30' N. lat., and then west to 174[deg]
W. long.;
(B) Aleutian Islands Area C. opilio and C. bairdi in waters of the
EEZ with an eastern boundary the longitude of Scotch Cap Light
(164[deg]44' W.long.) to 53[deg]30' N. lat., then west to 165[deg] W.
long, a western boundary of the U.S.-Russian Convention Line of
1867, and a northern boundary of a line from the latitude of Cape
Sarichef (54[deg]36' N. lat.) westward to 171[deg] W. long., then north
to 55[deg]30' N. lat., then west to 174[deg] W. long.;
(C) Norton Sound red king and Norton Sound blue king in waters of
the EEZ with a western boundary of 168[deg] W. long., a southern
boundary of 62[deg] N. lat., and a northern boundary of 65[deg]36' N. lat.;
(D) Bering Sea brown king crab (Lithodes aequispinus) in waters of
the EEZ east of the U.S.-Russian Convention line of 1867 with a
southern boundary of 54[deg]36' N. lat. to 171[deg] W. long., and then
south to 54[deg]30' N. lat.
(E) Scarlet or deep sea king crab (Lithodes couesi) in the waters
of the Bering Sea and Aleutian Islands Area;
(F) Grooved Tanner crab (Chionoecetes tanneri) in the waters of the
Bering Sea and Aleutian Islands Area; and
(G) Triangle Tanner crab (Chionoecetes angulatus) in the waters of
the Bering Sea and Aleutian Islands Area.
* * * * *
6. In Sec. 679.5, revise paragraphs (a)(7)(i) table only, (a)(15),
(c)(1), (g), (k), (l) introductory text, (l)(2)(iii)(M), (l)(2)(iv)
introductory text, (l)(2)(iv)(C), (l)(2)(iv)(D), (l)(3)(i), and (l)(4),
and remove and reserve (l)(2)(iv)(A) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
(a) * * *
(7) * * *
(i) * * *
------------------------------------------------------------------------
If participant And fishing An active period An inactive
is... activity is... is... period is...
------------------------------------------------------------------------
(A) CV\1\ Harvest or When gear When no gear
discard of remains on the remains on the
groundfish grounds in a grounds in a
reporting area reporting area
(except 300,
400, 550, or
690),
regardless of
the vessel
location
------------------------------------------------------------------------
[[Page 63251]]
(B) SS, SFP Receipt, purchase When checked in When not checked
or arrange to or processing in or
purchase, or processing
processing of
groundfish
------------------------------------------------------------------------
(C) MS Receipt, discard, When checked in When not checked
or processing of or processing in or not
groundfish processing
------------------------------------------------------------------------
(D) CP Harvest, discard, When checked in When not checked
or processing of or processing in or not
groundfish processing
------------------------------------------------------------------------
(E) BS Receipt, discard, When conducting When not
or delivery of fishing conducting
groundfish activity for an fishing
associated activity for an
processor associated
processor
------------------------------------------------------------------------
\1\CV = Catcher vessel; SS = Shoreside processor; SFP = stationary
floating processor; MS = mothership; Catcher/processor = CP; BS =
Buying station
* * * * *
(15) Transfer comparison. The operator, manager, Registered Buyer,
or Registered Crab Receiver must refer to Table 13 to this part for
paperwork submittal, issuance, and possession requirements for each
type of transfer activity of non-IFQ groundfish, IFQ halibut,
IFQ sablefish, CDQ halibut, and CR crab.
* * * * *
(c) Catcher vessel DFL and catcher/processor DCPL--(1) Longline and
pot gear catcher vessel DFL and catcher/processor DCPL. (i) In addition
to information required at paragraphs (a) and (b) of this section:
(A) Groundfish fisheries. (1) The operator of a catcher vessel
using longline or pot gear to harvest groundfish and that retains any
groundfish from the GOA, or BSAI, must maintain a longline and pot gear
DFL.
(2) The operator of a catcher/processor using longline or pot gear
to harvest groundfish and that retains any groundfish from the GOA, or
BSAI, must maintain a longline and pot gear DCPL.
(B) IFQ halibut, CDQ halibut, and IFQ sablefish fisheries. (1) The
operator of a catcher vessel using longline or pot gear to harvest IFQ
sablefish, IFQ halibut, or CDQ halibut from the GOA, or BSAI, must
maintain a longline and pot gear DFL.
(2) The operator of a catcher/processor using longline or pot gear
to harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA, or
BSAI, must maintain a longline and pot gear DCPL.
(C) CR crab fisheries. (1) The operator of a catcher vessel using
longline or pot gear to harvest CR crab from the BSAI, must maintain a
longline and pot gear DFL.
(2) The operator of a catcher/processor using longline or pot gear
to harvest CR crab from the BSAI, must maintain a longline and pot gear
DCPL.
(ii) Required information. The operator of a catcher vessel or
catcher/processor identified in paragraph (c)(1)(i) of this section
must record in the DFL or DCPL, the following information:
(A) Federal reporting area. Federal reporting area code (see
Figures 1 and 3 to this part) where gear retrieval (see Sec. 679.2)
was completed, regardless of where the majority of the set took place.
Use a separate logsheet for each reporting area.
(B) Number of crew. If a catcher vessel, the number of crew,
excluding observer(s), on the last day of a trip. If a catcher/
processor, the number of crew, excluding observer(s), on the last day
of the weekly reporting period.
(C) Gear type. Use a separate logsheet for each gear type.
(1) Circle gear type used to harvest the fish. If gear is other
than those listed, circle ``Other'' and describe. If using
hook-and-line gear, enter the alphabetical letter that
coincides with gear description.
(2) If gear information is the same on subsequent pages, mark the
box instead of re-entering the gear type information.
(3) Pot gear. If you checked pot gear, enter the number of pots set
and the number of pots lost (if applicable).
(4) Hook-and-line gear. If
hook-and-line gear:
(i) Indicate whether gear is fixed hook (conventional or tub),
autoline, or snap (optional, but may be required by IPHC regulations).
(ii) Skates. Indicate length of skate to the nearest foot
(optional, but may be required by IPHC regulations), number of skates
set, and number of skates lost (optional, but may be required by IPHC
regulations).
(iii) Hooks. Indicate size of hooks, hook spacing in feet, number
of hooks per skate (optional, but may be required by IPHC regulations).
(iv) Seabird avoidance gear code. Record seabird avoidance gear
code(s) (see Sec. 679.24(e) and Table 19 to this part).
(D) Permit numbers. Enter the permit number(s) for the applicable
fishery in which you participated.
(1) IFQ permit number of the operator and of each IFQ permit holder
aboard the vessel.
(2) CDQ group number (if applicable).
(3) Halibut CDQ permit number (if applicable).
(4) Federal crab vessel permit number (if applicable).
(E) Observer information. Record the number of observers aboard,
the name of the observer(s), and the observer cruise number(s).
(F) Management program. Use a separate logsheet for each management
program. Indicate whether harvest occurred under one of the following
management programs. If harvest is not under one of these management
programs, leave blank:
(1) Exempted Fishery. Record exempted fishery permit number (see
Sec. 679.6).
(2) Research Fishery. Record research program permit number (see
Sec. 600.745(a) of this chapter).
(G) Catch by set. (See Sec. 679.2 for definition of set). The
operator must record the following information for each set, if applicable:
(1) If no catch occurred for a day, write ``no catch;''
(2) Set number, sequentially by year;
(3) Gear deployment date (month-day), time (in military
format, A.l.t.), and begin position coordinates (in lat and long to the
nearest minute);
(4) Gear retrieval date (month-day), time (in military
format, A.l.t.), and end position coordinates (in lat and long to the
nearest minute);
(5) Begin and end buoy or bag numbers (optional, but may be
required by IPHC regulations);
(6) Begin and end gear depths, recorded to the nearest fathom
(optional, but may be required by IPHC regulations);
[[Page 63252]]
(7) Target species code. Enter the species code of the species you
intend to catch;
(8) Estimated haul weight. Enter the total estimated haul weight of
all retained species. Indicate whether to the nearest pound or to the
nearest 0.001 mt (2.20 lb);
(9) IR/IU Species (see Sec. 679.27). If a catcher/processor, enter
species code of IR/IU species and estimated total round weight for each
IR/IU species; indicate whether to the nearest pound or the nearest
0.001 mt (2.20 lb);
(10) Estimated total round weight of IFQ halibut and CDQ halibut to
the nearest pound;
(11) Number and estimated total round weight of IFQ sablefish to
the nearest pound;
(12) Circle to indicate whether IFQ sablefish product is Western
cut (WC), Eastern cut (EC), or round weight (RD); and
(13) Number and scale weight of raw CR crab to the nearest pound.
(H) Data entry time limits. (1) The operator must record in the DFL
or DCPL within 2 hours after completion of gear retrieval: Set number;
time and date gear set; time and date gear hauled; begin and end
position; CDQ group number, halibut CDQ permit number, IFQ permit
number, and/or Federal crab vessel permit number (if applicable),
number of pots set, and estimated total haul for each set.
(2) If a catcher vessel, the operator must record all other
required information in the DFL within 2 hours after the vessel's catch
is off-loaded, notwithstanding other time limits.
(3) If a catcher/processor, the operator must record all other
required information in the DCPL by noon of the day following
completion of production.
(4) If a catcher/processor, the operator must record product
information in the DCPL by noon each day to record the previous day's
production information.
* * * * *
(g) Product transfer report (PTR)--(1) General requirements. Except
as provided in paragraph (g)(1)(i) through (vi) of this section:
(i) Groundfish. The operator of a mothership or catcher/processor
or the manager of a shoreside processor or SFP must complete and submit
a separate PTR for each shipment of groundfish and donated prohibited
species caught in groundfish fisheries. A PTR is not required to
accompany a shipment.
(ii) IFQ halibut, IFQ sablefish, and CDQ halibut. A Registered
Buyer must submit a separate PTR for each shipment of halibut or
sablefish for which the Registered Buyer submitted an IFQ landing
report or was required to submit an IFQ landing report. A PTR is not
required to accompany a shipment.
(iii) CR crab. A Registered Crab Receiver (RCR) must submit a
separate PTR for each shipment of crab for which the RCR submitted a CR
crab landing report or was required to submit a CR crab landing report.
A PTR is not required to accompany a shipment.
(2) Exceptions--(i) Bait sales (non-IFQ groundfish only). During
one calendar day, the operator or manager may aggregate and record on
one PTR the individual sales or shipments of non-IFQ groundfish to
vessels for bait purposes during the day recording the amount of such
bait product shipped from a vessel or facility that day.
(ii) Retail sales--(A) IFQ halibut, IFQ sablefish, CDQ halibut, and
non-IFQ groundfish. During one calendar day, the operator,
manager, or Registered Buyer may aggregate and record on one PTR the
amount of transferred retail product of IFQ halibut, IFQ sablefish, CDQ
halibut, and non-IFQ groundfish if each sale weighs less than 10
lb or 4.5 kg.
(B) CR crab. During one calendar day, the RCR may aggregate and
record on one PTR the amount of transferred retail product of CR crab
if each sale weighs less than 100 lb or 45 kg.
(iii) Wholesale sales (non-IFQ groundfish only). The
operator or manager may aggregate and record on one PTR, wholesale
sales of non-IFQ groundfish by species when recording the amount
of such wholesale species leaving a vessel or facility in one calendar
day, if invoices detailing destinations for all of the product are
available for inspection by an authorized officer.
(iv) Dockside sales. (A) A person holding a valid IFQ permit, IFQ
card, and Registered Buyer permit may conduct a dockside sale of IFQ
halibut or IFQ sablefish with a person who has not been issued a
Registered Buyer permit after all IFQ halibut and IFQ sablefish have
been landed and reported in accordance with paragraph (l) of this section.
(B) A person holding a valid halibut CDQ permit, halibut CDQ card,
and Registered Buyer permit may conduct a dockside sale of CDQ halibut
with a person who has not been issued a Registered Buyer permit after
all CDQ halibut have been landed and reported in accordance with
paragraph (l) of this section.
(C) A Registered Buyer conducting dockside sales must issue a
receipt to each individual receiving IFQ halibut, CDQ halibut, or IFQ
sablefish in lieu of a PTR. This receipt must include:
(1) Date of sale;
(2) Registered Buyer permit number;
(3) Weight by product of the IFQ halibut, CDQ halibut or IFQ
sablefish transferred.
(D) A Registered Buyer must maintain a copy of each dockside sales
receipt as described in Sec. 679.5(l).
(v) Transfer directly from the landing site to a processing
facility (CDQ halibut, IFQ halibut, IFQ sablefish, or CR crab only). A
PTR is not required for transportation of unprocessed IFQ halibut, IFQ
sablefish, CDQ halibut, or CR crab directly from the landing site to a
facility for processing, provided the following conditions are met:
(A) A copy of the IFQ landing report receipt (Internet receipt)
documenting the IFQ landing accompanies the offloaded IFQ halibut, IFQ
sablefish, or CDQ halibut while in transit.
(B) A copy of the CR crab landing report receipt (Internet receipt)
documenting the IFQ landing accompanies the offloaded CR crab while in
transit.
(C) A copy of the IFQ landing report or CR crab landing report
receipt is available for inspection by an authorized officer.
(D) The Registered Buyer submitting the IFQ landing report or RCR
submitting the CR crab landing report completes a PTR for each shipment
from the processing facility pursuant to paragraph (g)(1) of this section.
(3) Time limits and submittal. The operator of a mothership or
catcher/processor, the manager of a shoreside processor or SFP, the
Registered Buyer, or RCR must:
(i) Record all product transfer information on a PTR within 2 hours
of the completion of the shipment.
(ii) Submit a PTR by facsimile or electronic file to OLE, Juneau,
AK (907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the
end of the applicable weekly reporting period in which the shipment
occurred.
(iii) If any information on the original PTR changes prior to the
first destination of the shipment, submit a revised PTR by facsimile or
electronic file to OLE, Juneau, AK (907-586-7313), by 1200 hours,
A.l.t., on the Tuesday following the end of the applicable weekly
reporting period in which the change occurred and indicate the
confirmation number of the original PTR.
(4) Required information. The operator of a mothership or catcher/
processor, the manager of a shoreside processor or SFP, the Registered
Buyer,
[[Page 63253]]
or RCR must include the following information on a PTR:
(i) Original or revised PTR. Whether a submittal is an original or
revised PTR. If revised, record the confirmation number of the original
PTR.
(ii) Shipper information. Name, telephone number, and facsimile
number of the representative. According to the following table:
------------------------------------------------------------------------
If you are shipping... Enter under ``Shipper''...
------------------------------------------------------------------------
(A) Non-IFQ groundfish Your processor's name, Federal
fisheries or Federal processor
permit number.
------------------------------------------------------------------------
(B) IFQ halibut, CDQ halibut or IFQ Your Registered Buyer name and
sablefish permit number.
------------------------------------------------------------------------
(C) CR crab Your RCR name and permit number.
------------------------------------------------------------------------
(D) Non-IFQ groundfish, IFQ (1) Your processor's name and
halibut, CDQ halibut or IFQ Federal fisheries permit number or
sablefish, and CR crab on the same Federal processor permit number,
PTR (2) Your Registered Buyer's name
and permit number, and
(3) Your RCR name and permit
number.
------------------------------------------------------------------------
(iii) Receiver information. Using descriptions from the following
table, enter receiver information, date and time of product transfer,
location of product transfer (e.g., port, position coordinates, or
city), mode of transportation, and intended route:
----------------------------------------------------------------------------------------------------------------
Then enter...
---------------------------------------------------------------------------
If you are the shipper and... Location of Mode of
Receiver Date & time of product transportation and
product transfer transfer intended route
----------------------------------------------------------------------------------------------------------------
(A) Receiver is on land and transfer Receiver name Date and time Port or city of Name of the shipping
involves one van, truck, or and Federal when shipment product company; destination
vehicle. fisheries or leaves the transfer city and state or
Federal plant. foreign country.
processor
permit number
(if any).
----------------------------------------------------------------------------------------------------------------
(B) Receiver is on land and transfer Receiver name Date and time Port or city of Name of the shipping
involves multiple vans, trucks, or and Federal when loading of product company; destination
vehicles. fisheries or vans or trucks transfer city and state or
Federal is completed foreign country.
processor each day.
permit number
(if any).
----------------------------------------------------------------------------------------------------------------
(C) Receiver is on land and transfer Receiver name Date and time Port or city of Name of the airline
involves one airline flight. and Federal when shipment product company; destination
fisheries or leaves the transfer airport city and
Federal plant. state.
processor
permit number
(if any).
----------------------------------------------------------------------------------------------------------------
(D) Receiver is on land and transfer Receiver name Date and time of Port or city of Name of the airline
involves multiple airline flights. and Federal shipment when product company(s);
fisheries or the last transfer destination
Federal airline flight airport(s) city and
processor of the day state.
permit number leaves.
(if any).
----------------------------------------------------------------------------------------------------------------
(E) Receiver is a vessel and Vessel name and Start and finish Transfer The first destination
transfer takes occurs at sea. call sign dates and times position of the vessel.
of transfer. coordinates in
latitude and
longitude, in
degrees and
minutes.
----------------------------------------------------------------------------------------------------------------
(F) Receiver is a vessel and Vessel name and Start and finish Port or The first destination
transfer takes place in port. call sign dates and times position of of the vessel.
of transfer. product
transfer.
----------------------------------------------------------------------------------------------------------------
(G) Receiver is an agent (buyer, Agent name and Transfer start Port, city, or Name (if available)
distributor, or shipping agent) and location (city, and finish position of of the vessel
transfer is in a containerized state). dates and product transporting the
van(s). times. transfer. van; destination
port.
----------------------------------------------------------------------------------------------------------------
(H) You are aggregating individual ``RETAIL SALES'' Date of Port or city of n/a
retail sales for human consumption. transfer. product
(see paragraph 679.5(g)(2)). transfer
----------------------------------------------------------------------------------------------------------------
(I) You are aggregating individual ``BAIT SALES'' Date of Port or city of n/a
bait sales during a day onto one transfer. product
PTR (non-IFQ groundfish only). transfer
----------------------------------------------------------------------------------------------------------------
[[Page 63254]]
(J) Non-IFQ Groundfish only. ``WHOLESALE Time of the Port or city of n/a
You are aggregating wholesale SALES'' first sale of product
non-IFQ groundfish product the day; time transfer
sales by species during a single of the last
day onto one PTR and maintaining sale of the
invoices detailing destinations for day.
all of the product for inspection
by an authorized officer.
----------------------------------------------------------------------------------------------------------------
(iv) Products shipped. The operator, manager, Registered Buyer, or
RCR must record the following information for each product shipped:
(A) Species code and product code. (1) For non-IFQ
groundfish, IFQ halibut, IFQ sablefish, and CDQ halibut, the species
code and product code (Tables 1 and 2 to this part).
(2) For CR crab, the species code and product code (Tables 1 and 2
to 50 CFR part 680).
(B) Species weight. Use only if recording 2 or more species with 2
or more product types contained within the same production unit. Enter
the actual scale weight of each product of each species to the nearest
kilogram or pound (indicate which). If not applicable, enter ``n/a'' in
the species weight column. If using more than one line to record
species in one carton, use a brace ``{time} '' to tie the carton
information together.
(C) Number of units. Total number of production units (blocks,
trays, pans, individual fish, boxes, or cartons; if iced, enter number
of totes or containers).
(D) Unit weight. Unit weight (average weight of single production
unit as listed in ``No. of Units'' less packing materials) for each
species and product code in kilograms or pounds (indicate which).
(E) Total weight. Total weight for each species and product code of
shipment less packing materials in kilograms or pounds (indicate which).
(F) Total or partial offload. (1) If a mothership or catcher/
processor, the operator must indicate whether fish or fish products are
left onboard the vessel (partial offload) after the shipment is complete.
(2) If a partial offload, for the products remaining on board after
the transfer, the operator must enter: species code, product code, and
total product weight to the nearest kilogram or pound (indicate which)
for each product.
* * * * *
(k) U.S. Vessel Activity Report (VAR)--(1) Fish or fish product
other than crab onboard. Except as noted in paragraph (k)(4) of this
section, the operator of a catcher vessel greater than 60 ft (18.3 m)
LOA, a catcher/processor, or a mothership required to hold a Federal
fisheries permit issued under this part and carrying fish or fish
product onboard must complete and submit a VAR by facsimile or
electronic file to OLE, Juneau, AK (907-586-7313) before the vessel
crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-
Canadian international boundary between Alaska and British Columbia.
(2) Combination of non-IFQ groundfish with IFQ halibut, CDQ
halibut, IFQ sablefish or CR crab. If a vessel is carrying non-IFQ
groundfish and IFQ halibut, CDQ halibut, IFQ sablefish or CR crab, the
operator must submit a VAR in addition to an IFQ Departure Report
required by paragraph (l)(4) of this section.
(3) Revised VAR. If fish or fish products are landed at a port
other than the one specified on the VAR, the operator must submit a
revised VAR showing the actual port of landing before any fish are
offloaded.
(4) Exemption: IFQ Departure Report. A VAR is not required if a
vessel is carrying only IFQ halibut, CDQ halibut, IFQ sablefish, or CR
crab onboard and the operator has submitted an IFQ Departure Report
required by paragraph (l)(4) of this section.
(5) Information required. (i) Whether original or revised VAR.
(ii) Name and Federal fisheries permit number of vessel.
(iii) Type of vessel (whether catcher vessel, catcher/processor, or
mothership).
(iv) Name, daytime telephone number (including area code), and
facsimile number and COMSAT number (if available) of representative.
(v) Return report. ``Return,'' for purposes of this paragraph,
means returning to Alaska. If the vessel is crossing the seaward
boundary of the EEZ off Alaska or crossing the U.S.-Canadian
international boundary between Alaska and British Columbia into U.S.
waters, indicate a ``return'' report and enter:
(A) Intended Alaska port of landing (see Table 14 to this part);
(B) Estimated date and time (hour and minute, Greenwich mean time)
the vessel will cross the boundary; and
(C) The estimated position coordinates in latitude and longitude
where the vessel will cross.
(vi) Depart report. ``Depart'' means leaving Alaska. If the vessel
is crossing the seaward boundary of the EEZ off Alaska and moving out
of the EEZ or crossing the U.S.-Canadian international boundary between
Alaska and British Columbia and moving into Canadian waters, indicate a
``depart'' report and enter:
(A) The intended U.S. port of landing or country other than the
United States;
(B) Estimated date and time (hour and minute, Greenwich mean time)
the vessel will cross the boundary; and
(C) The estimated position coordinates in latitude and longitude
where the vessel will cross.
(vii) The Russian Zone. Indicate whether the vessel is returning
from fishing in the Russian Zone or is departing to fish in the Russian
Zone.
(viii) Fish or fish products. For all fish or fish products
(including non-groundfish) on board the vessel, enter:
(A) Harvest zone code;
(B) species codes;
(C) product codes; and
(D) total fish product weight in lbs or to the nearest 0.001 mt
(2.20 lb).
(l) IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab R&R. In
addition to the R&R requirements in this section, in 50 CFR 680.5 with
respect to CR crab, and as prescribed in the annual management measures
published in the Federal Register pursuant to Sec. 300.62 of this
title, the following reports and authorizations are required, when
[[Page 63255]]
applicable: IFQ Prior Notice of Landing, Product Transfer Report (see
Sec. 679.5(g)), IFQ landing report, IFQ Transshipment Authorization,
and IFQ Departure Report.
* * * * *
(2) * * *
(iii) * * *
(M) After the Registered Buyer enters the landing data in the
Internet submission form(s) and receipts are printed, the Registered
Buyer, or his/her representative, and the IFQ cardholder or CDQ
cardholder must sign the receipts to acknowledge the accuracy of the
IFQ landing report.
* * * * *
(iv) Submittals. Except as indicated in paragraph (l)(2)(iv)(C) of
this section, IFQ landing reports must be submitted electronically to
OLE, Juneau, AK by using the Internet as indicated below:
* * * * *
(C) Manual landing report. Waivers from the Internet reporting
requirement can only be granted in writing on a
case-by-case basis by a local clearing officer. If a
waiver is granted, manual landing instructions must be obtained from
OLE, Juneau, AK, at 800-304-4846 (Select Option 1).
Registered Buyers must complete and submit manual landing reports by
facsimile to OLE, Juneau, AK, at 907-586-7313. When a
waiver is issued, the following additional information is required:
whether the manual landing report is an original or revised; and name,
telephone number, and facsimile number of individual submitting the
manual landing report.
(D) Properly debited landing. A properly concluded printed Internet
submission receipt or a manual landing report receipt which is sent by
facsimile from OLE to the Registered Buyer, and which is then signed by
both the Registered Buyer and cardholder constitutes confirmation that
OLE received the landing report and that the cardholder's account is
properly debited. A copy of each receipt must be maintained by the
Registered Buyer as described in Sec. 679.5(l).
(3) * * *
(i) No person may transship processed IFQ halibut, CDQ halibut, IFQ
sablefish, or CR crab between vessels without authorization by a local
clearing officer. Authorization from a local clearing officer must be
obtained for each instance of transshipment at least 24 hours before
the transshipment is intended to commence.
* * * * *
(4) IFQ departure report--(i) General requirements--(A) Time limit
and submittal. A vessel operator who intends to make a landing of IFQ
halibut, CDQ halibut, IFQ sablefish, or CR crab at any location other
than in an IFQ regulatory area or in the State of Alaska must submit an
IFQ Departure Report, by telephone, to OLE, Juneau, AK, at 800-304-4846
or 907-586-7163 between the hours of 0600 hours, A.l.t., and 2400
hours, A.l.t.
(B) Completion of fishing. A vessel operator must submit an IFQ
Departure Report after completion of all fishing and prior to departing
the waters of the EEZ adjacent to the jurisdictional waters of the
State of Alaska, the territorial sea of the State of Alaska, or the
internal waters of the State of Alaska when IFQ halibut, CDQ halibut,
IFQ sablefish, or CR crab are on board.
(C) Permit--(1) Registered Crab Receiver permit. A vessel operator
submitting an IFQ Departure Report for CR crab must have a Registered
Crab Receiver permit.
(2) Registered Buyer permit. A vessel operator submitting an IFQ
Departure Report for IFQ halibut, CDQ halibut, or IFQ sablefish must
have a Registered Buyer permit.
(D) First landing of any species. A vessel operator submitting an
IFQ Departure Report must submit IFQ landing reports for all IFQ
halibut, CDQ halibut, IFQ sablefish, and CR crab on board at the same
time and place as the first landing of any IFQ halibut, CDQ halibut,
IFQ sablefish, or CR crab.
(E) Permits on board. (1) A vessel operator submitting an IFQ
Departure Report to document IFQ halibut, IFQ sablefish, or CR crab
must have one or more IFQ cardholders on board with a combined IFQ
balance equal to or greater than all IFQ halibut, IFQ sablefish, and CR
crab on board the vessel.
(2) A vessel operator submitting an IFQ Departure Report to
document CDQ halibut must ensure that one or more CDQ cardholders are
on board with enough remaining CDQ halibut balance to harvest amounts
of CDQ halibut equal to or greater than all CDQ halibut on board.
(ii) Required information. When submitting an IFQ Departure Report,
the vessel operator must provide the following information:
(A) Intended date, time (A.l.t.), and location of landing;
(B) Vessel name and ADF&G vessel registration number;
(C) Vessel operator's name and Registered Buyer permit or
Registered Crab Receiver permit number;
(D) Halibut IFQ, halibut CDQ, sablefish IFQ, and CR crab permit
numbers of IFQ and CDQ cardholders on board;
(E) Area of harvest. (1) If IFQ or CDQ halibut, then halibut
regulatory areas (see Figure 15 to this part).
(2) If IFQ sablefish, then sablefish regulatory areas (see Figure
14 to this part).
(3) If CR crab, then the crab rationalization fishery code (see
Table 1 to part 680).
(F) Estimated total weight as appropriate of IFQ halibut , CDQ
halibut, IFQ sablefish, or CR crab on board (lb/kg/mt).
(iii) Revision to Departure Report. A vessel operator who intends
to make an IFQ landing at a location different from the location named
on the IFQ Departure report must submit a revised report naming the new
location at least 12 hours in advance of the offload. Revisions must be
submitted by telephone, to OLE, Juneau, AK, at 800-304 4846 or 907 586
7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
* * * * *
7. In Sec. 679.7, revise paragraph (a)(15) and (k)(1)(iii), remove
and reserve paragraphs (k)(2)(ii), (k)(3)(iii), (k)(4)(ii), and remove
paragraph (k)(8) to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(a) * * *
(15) Federal processor permit. Receive, purchase or arrange for
purchase, discard, or process groundfish harvested in the GOA or BSAI
by a shoreside processor or SFP that does not have on site a valid
Federal processor permit issued pursuant to Sec. 679.4(f).
* * * * *
(k) * * *
(1) * * *
(iii) Processing BSAI crab. Use a listed AFA catcher/processor to
process any crab species harvested in the BSAI.
* * * * *
8. In Sec. 679.28, add a new paragraph (b)(1)(v) and revise
paragraph (f)(4)(i) to read as follows:
Sec. 679.28 Equipment and operational requirements.
* * * * *
(b) * * *
(1) * * *
(v) Exceptions. A scale manufacturer or their representative may
request that NMFS approve a custom built automatic hopper scale under
the following conditions:
(A) The scale electronics are the same as those used in other
scales on the Regional Administrator's list of scales eligible for approval;
[[Page 63256]]
(B) Load cells have received Certificates of Conformance from NTEP
or OIML;
(C) The scale compensates for motion in the same manner as other
scales made by that manufacturer which have been listed on the Regional
Administrator's list of scales eligible for approval;
(D) The scale, when installed, meets all of the requirements set
forth in paragraph 3 of Appendix A to this part, except those
requirements set forth in paragraph 3.2.1.1.
* * * * *
(f) * * *
(4) * * *
(i) Contact the NMFS Enforcement Division by Facsimile at
907-586-7703 and provide: the VMS transmitter ID, the
vessel name, the Federal Fisheries Permit number or Federal Crab Vessel
Permit number.
* * * * *
9. In Sec. 679.31, revise paragraph (d) to read as follows:
Sec. 679.31 CDQ reserves.
* * * * *
(d) Crab CDQ reserves. Crab CDQ reserves for crab species governed
by the Crab Rationalization Program are specified at Sec. 680.40
(a)(1). For Norton Sound red king crab, 7.5 percent of the guideline
harvest level specified by the State of Alaska is allocated to the crab
CDQ reserve.
10. In Sec. 679.43, revise paragraph (a) to read as follows:
Sec. 679.43 Determinations and appeals.
(a) General. This section describes the procedure for appealing
initial administrative determinations made under part 300, part 679,
and part 680. This section does not apply to initial administrative
determinations made under Sec. 679.30(d).
* * * * *
Sec. 679.65 [Reserved]
11. Remove and reserve Sec. 679.65.
12. In part 679, Tables 14a, 14b, and 15 are revised; and Tables 13
and 14c are added to read as follows:
[[Page 63257]]
Table 13 to Part 679--Transfer Form Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submit Issue Possess
--------------------------------------------------------------------------------------------------------------------------------------------------------
Departure
And has ........ And is involved VAR (Sec. PTR (Sec. Trans-ship Report (Sec. Dockside Sales Landing Receipt
If participant type is ... Fish product in this activity (Sec. Receipt (Sec. (Sec.
onboard 679.5(k)) 679.5(g)) 679.5(l)(3)) 679.5(l)(4)) 679.5(g)(1)(v)) 679.5(g)(1)(vi))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than Only Vessel leaving X ......... ............... ............ ............... ................
60 ft LOA, mothership or non-IFQ or entering
catcher/processor groundfish. Alaska
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than Only IFQ Vessel leaving ......... ......... ............... X ............... ................
60 ft LOA, mothership or sablefish, IFQ Alaska
catcher/processor halibut, CDQ
halibut, or CR
crab
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than Combination of Vessel leaving X ......... ............... X ............... ................
60 ft LOA, mothership or IFQ sablefish, Alaska
catcher/processor IFQ halibut,
CDQ halibut, or
CR crab and
non-IFQ
groundfish
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mothership, catcher/ Non-IFQ Transfer of ......... X ............... ............ ............... ................
processor, shoreside groundfish product
processor, or SFP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Registered Buyer IFQ sablefish, Transfer of ......... X ............... ............ ............... ................
IFQ halibut or product
CDQ halibut
--------------------------------------------------------------------------------------------------------------------------------------------------------
Registered Crab Receiver CR crab Transfer of ......... X ............... ............ ............... ................
product
--------------------------------------------------------------------------------------------------------------------------------------------------------
A person holding a valid IFQ IFQ sablefish, Transfer of ......... ......... ............... ............ XXX ................
permit, IFQ card, and IFQ halibut or product
Registered Buyer permit CDQ halibut
--------------------------------------------------------------------------------------------------------------------------------------------------------
Registered Buyer IFQ sablefish, Transfer from ......... ......... ............... ............ ............... XX
IFQ halibut, or landing site to
CDQ halibut Registered
Buyer's
processing
facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
Registered Crab Receiver CR crab Transfer from ......... ......... ............... ............ ............... XX
landing site to
RCR's
processing
facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessel operator Processed IFQ Transshipment ......... ......... XXXX ............ ............... ................
sablefish, IFQ between vessels
halibut, CDQ
halibut, or CR
crab
--------------------------------------------------------------------------------------------------------------------------------------------------------
``X'' indicates under what circumstances each report is submitted.
``XX'' indicates that the document must accompany the transfer of IFQ species from landing site to processor.
``XXX'' indicates receipt must be issued to each receiver in a dockside sale.
``XXXX'' indicates authorization must be obtained 24 hours in advance.
[[Page 63258]]
Table 14a to Part 679--Port of Landing Codes\1\: Alaska
------------------------------------------------------------------------
NMFS ADF&G
Port Name Code Code
------------------------------------------------------------------------
Adak 186 ADA
------------------------------------------------------------------------
Akutan, Akutan Bay 101 AKU
------------------------------------------------------------------------
Alitak 103 ALI
------------------------------------------------------------------------
Anchorage 105 ANC
------------------------------------------------------------------------
Angoon 106 ANG
------------------------------------------------------------------------
Aniak n/a ANI
------------------------------------------------------------------------
Anvik n/a ANV
------------------------------------------------------------------------
Atka 107 ATK
------------------------------------------------------------------------
Auke Bay 136 JNU
------------------------------------------------------------------------
Beaver Inlet 119 DUT
------------------------------------------------------------------------
Bethel n/a BET
------------------------------------------------------------------------
Captains Bay 119 DUT
------------------------------------------------------------------------
Chefornak 189 n/a
------------------------------------------------------------------------
Chignik 113 CHG
------------------------------------------------------------------------
Cordova 115 COR
------------------------------------------------------------------------
Craig 116 CRG
------------------------------------------------------------------------
Dillingham 117 DIL
------------------------------------------------------------------------
Douglas 136 JNU
------------------------------------------------------------------------
Dutch Harbor/Unalaska 119 DUT
------------------------------------------------------------------------
Egegik 122 EGE
------------------------------------------------------------------------
Ekuk n/a EKU
------------------------------------------------------------------------
Elfin Cove 123 ELF
------------------------------------------------------------------------
Emmonak n/a EMM
------------------------------------------------------------------------
Excursion Inlet 124 XIP
------------------------------------------------------------------------
False Pass 125 FSP
------------------------------------------------------------------------
Fairbanks n/a FBK
------------------------------------------------------------------------
Galena n/a GAL
------------------------------------------------------------------------
Glacier Bay n/a GLB
------------------------------------------------------------------------
Glennallen n/a GLN
------------------------------------------------------------------------
Gustavus 127 GUS
------------------------------------------------------------------------
Haines 128 HNS
------------------------------------------------------------------------
Halibut Cove 130 n/a
------------------------------------------------------------------------
Homer 132 HOM
------------------------------------------------------------------------
Hoonah 133 HNH
------------------------------------------------------------------------
Hydaburg n/a HYD
------------------------------------------------------------------------
Hyder 134 HDR
------------------------------------------------------------------------
Juneau 136 JNU
------------------------------------------------------------------------
Kake 137 KAK
------------------------------------------------------------------------
Kaltag n/a KAL
------------------------------------------------------------------------
Kasilof 138 KAS
------------------------------------------------------------------------
Kenai 139 KEN
------------------------------------------------------------------------
Kenai River 139 KEN
------------------------------------------------------------------------
Ketchikan 141 KTN
------------------------------------------------------------------------
King Cove 142 KCO
------------------------------------------------------------------------
King Salmon 143 KNG
------------------------------------------------------------------------
Kipnuk 144 n/a
------------------------------------------------------------------------
Klawock 145 KLA
------------------------------------------------------------------------
Kodiak 146 KOD
------------------------------------------------------------------------
Kotzebue n/a KOT
------------------------------------------------------------------------
La Conner n/a LAC
------------------------------------------------------------------------
Mekoryuk 147 n/a
------------------------------------------------------------------------
Metlakatla 148 MET
------------------------------------------------------------------------
Moser Bay n/a MOS
------------------------------------------------------------------------
Naknek 149 NAK
------------------------------------------------------------------------
Nenana n/a NEN
------------------------------------------------------------------------
Nikiski (or Nikishka) 150 NIK
------------------------------------------------------------------------
Ninilchik 151 NIN
------------------------------------------------------------------------
Nome 152 NOM
------------------------------------------------------------------------
Nunivak Island n/a NUN
------------------------------------------------------------------------
Old Harbor 153 OLD
------------------------------------------------------------------------
Other Alaska\1\ 499 UNK
------------------------------------------------------------------------
Pelican 155 PEL
------------------------------------------------------------------------
Petersburg 156 PBG
------------------------------------------------------------------------
Port Alexander 158 PAL
------------------------------------------------------------------------
Port Armstrong n/a PTA
------------------------------------------------------------------------
Port Bailey 159 PTB
------------------------------------------------------------------------
Port Graham 160 GRM
------------------------------------------------------------------------
Port Lions n/a LIO
------------------------------------------------------------------------
Port Moller n/a MOL
------------------------------------------------------------------------
Port Protection 161 n/a
------------------------------------------------------------------------
Quinhagak 187 n/a
------------------------------------------------------------------------
Sand Point 164 SPT
------------------------------------------------------------------------
Savoonga 165 n/a
------------------------------------------------------------------------
Seldovia 166 SEL
------------------------------------------------------------------------
Seward 167 SEW
------------------------------------------------------------------------
Sitka 168 SIT
------------------------------------------------------------------------
Skagway 169 SKG
------------------------------------------------------------------------
Soldotna n/a SOL
------------------------------------------------------------------------
St. George 170 STG
------------------------------------------------------------------------
St. Mary n/a STM
------------------------------------------------------------------------
St. Paul 172 STP
------------------------------------------------------------------------
Tee Harbor 136 JNU
------------------------------------------------------------------------
Tenakee Springs 174 TEN
------------------------------------------------------------------------
Togiak 176 TOG
------------------------------------------------------------------------
Toksook Bay 177 n/a
------------------------------------------------------------------------
Tununak 178 n/a
------------------------------------------------------------------------
Ugashik n/a UGA
------------------------------------------------------------------------
Unalakleet n/a UNA
------------------------------------------------------------------------
Valdez 181 VAL
------------------------------------------------------------------------
Wasilla n/a WAS
------------------------------------------------------------------------
Whittier 183 WHT
------------------------------------------------------------------------
Wrangell 184 WRN
------------------------------------------------------------------------
Yakutat 185 YAK
------------------------------------------------------------------------
\1\ To report a landing at a location not currently assigned a location
code number: use the code for ``Other'' for the state or country at
which the landing occurs and notify NMFS of the actual location so
that the list may be updated. For example, to report a landing for
Levelock, Alaska which currently has no code assigned, use code
``499'' ``Other AK.''
Table 14b to Part 679--Port of Landing Codes: Non-Alaska (California,
Oregon, Canada, Washington)
------------------------------------------------------------------------
NMFS ADF&G
Port Name Code Code
------------------------------------------------------------------------
CALIFORNIA
------------------------------------------------------------------------
Eureka 500 EUR
------------------------------------------------------------------------
Other California\1\ 599 n/a
------------------------------------------------------------------------
CANADA
------------------------------------------------------------------------
[[Page 63259]]
Other Canada\1\ 899 n/a
------------------------------------------------------------------------
Port Edward 802 PRU
------------------------------------------------------------------------
Prince Rupert 802 PRU
------------------------------------------------------------------------
OREGON
------------------------------------------------------------------------
Astoria 600 AST
------------------------------------------------------------------------
Newport 603 NPT
------------------------------------------------------------------------
Other Oregon\1\ 699 n/a
------------------------------------------------------------------------
Portland n/a POR
------------------------------------------------------------------------
Warrenton 604 n/a
------------------------------------------------------------------------
WASHINGTON
------------------------------------------------------------------------
Anacortes 700 ANA
------------------------------------------------------------------------
Bellingham 702 n/a
------------------------------------------------------------------------
Blaine 717 BLA
------------------------------------------------------------------------
Everett 704 n/a
------------------------------------------------------------------------
La Conner 708 LAC
------------------------------------------------------------------------
Olympia n/a OLY
------------------------------------------------------------------------
Other Washington\1\ 799 n/a
------------------------------------------------------------------------
Seattle 715 SEA
------------------------------------------------------------------------
Tacoma n/a TAC
------------------------------------------------------------------------
\1\ To report a landing at a location not currently assigned a location
code number: use the code for ``Other'' for the state or country at
which the landing occurs and notify NMFS of the actual location so
that the list may be updated. For example, to report a landing for
Vancouver, which currently has no code assigned, use ``899'' ``Other
Canada.''
Table 14c to Part 679--At-sea Operation Type Codes to be Used as Port
Codes for Vessels Matching this Type of Operation
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
FCP Floating catcher processor
------------------------------------------------------------------------
FLD Floating domestic
mothership
------------------------------------------------------------------------
IFP Inshore floating processor
- processing in State of
Alaska waters only
------------------------------------------------------------------------
Table 15 to Part 679--Gear Codes, Descriptions, and Use (X Indicates Where this Code is Used)
----------------------------------------------------------------------------------------------------------------
Use Alphabetic Code to Complete Use Numeric Code to Complete the Following:
the Following: --------------------------------------------------
-----------------------------------
Electronic WPR Shoreside
Name of Gear Alpha NMFS & Numeric Electronic IFQ CR
Gear Logbooks Check-in/ Gear Logbook Internet Crab ADF&G COAR
Code & Paper Check-out Code (SPELR) & Forms
Forms\1\ Code\1\
------------------------------------------------------------------------------------------------------------ ------
Diving OTH X X 11 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Dredge OTH X X 22 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Dredge, hydro/mechanical OTH X X 23 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Fish wheel OTH X X 08 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Gillnet, drift OTH X X 03 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Gillnet, herring OTH X X 34 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Gillnet, set OTH X X 04 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Gillnet, sunken OTH X X 41 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Hand line/jig/troll (IFQ n/a ......... .............. 05 X X .... X
name: hand troll)
--------------------------------------------------------------------------------------------------------------
Handpicked OTH X X 12 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Hatchery n/a ......... .............. 77 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Hook-and-line HAL X X 61 X X .... X
--------------------------------------------------------------------------------------------------------------
Jig, mechanical (IFQ name: JIG X X 26 X X .... X
jigs)
--------------------------------------------------------------------------------------------------------------
Net, dip OTH X X 13 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Net, ring OTH X X 10 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Other/specify OTH X X 99 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Pair trawl \(1)\ ......... .............. 37 .......... ........ .... X
--------------------------------------------------------------------------------------------------------------
[[Page 63260]]
Pot POT X X 91 X X X X
--------------------------------------------------------------------------------------------------------------
Pound OTH X X 21 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Seine, purse OTH X X 01 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Seine, beach OTH X X 02 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Shovel OTH X X 18 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Trap OTH X X 90 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Trawl, beam \(1)\ ......... .............. 17 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Trawl, double otter \(1)\ ......... .............. 27 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Trawl, nonpelagic/bottom NPT X X 07 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Trawl, pelagic/midwater PTR X X 47 X ........ .... X
--------------------------------------------------------------------------------------------------------------
Troll, dinglebar TROLL X X 25 X X .... X
--------------------------------------------------------------------------------------------------------------
Troll, power gurdy TROLL X X 15 X X .... X
--------------------------------------------------------------------------------------------------------------
Weir OTH X X 14 X ........ .... X
----------------------------------------------------------------------------------------------------------------
\1\For groundfish logbooks, forms, electronic WPR, electronic check-in/out reports: all trawl gear must be
reported as either nonpelagic trawl (NPT) or pelagic trawl (PTR).
13. Add part 680 to read as follows:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
Subpart A--General
Sec.
680.1 Purpose and scope.
680.2 Definitions.
680.3 Relation to other laws.
680.4 Permits.
680.5 Recordkeeping and reporting (R&R).
680.6 Crab economic data report (EDR).
680.7 Prohibitions.
680.8 Facilitation of enforcement.
680.9 Penalties.
Subpart B--Management Measures
680.20 Arbitration System.
680.21 Crab fishery cooperatives.
680.22 Sideboard protections for GOA groundfish fisheries.
680.23 Equipment and operational requirements.
680.30 [Reserved]
Subpart C--Individual Fishing Quota Management Measures
680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing
Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.
680.41 Transfer of QS and IFQ.
680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
680.43 Determinations and appeals.
680.44 Cost recovery.
Table 1 to Part 680--Crab Rationalized (CR) Fisheries
Table 2 to Part 680--Crab Species Codes
Table 3a to Part 680--Crab Delivery Condition Codes
Table 3b to Part 680--Crab Disposition or Product Codes
Table 4 to Part 680--Crab Process Codes
Table 5 to Part 680--Crab Size
Table 6 to Part 680--Crab Grade
Table 7 to Part 680--Eligibility for Initial Issuance of Crab QS by
Crab QS Fishery
Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS
Fishery
Table 9 to Part 680--Eligibility for Initial Issuance of Crab PQS by
Crab QS Fishery
Authority: 16 U.S.C. 1862.
Subpart A--General
Sec. 680.1 Purpose and scope.
Regulations in this part implement policies developed by the North
Pacific Fishery Management Council and approved by the Secretary of
Commerce in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act. In addition to part 600 of this
chapter, these regulations implement the following:
(a) Fishery Management Plan (FMP) for Bering Sea and Aleutian
Islands King and Tanner Crabs. Regulations in this part govern
commercial fishing for, and processing of, king and Tanner crabs in the
Bering Sea and Aleutian Islands Area pursuant to section 313(j) of the
Magnuson-Stevens Act, including regulations implementing the
Crab Rationalization Program for crab fisheries in the Bering Sea and
Aleutian Islands Area, and including regulations superseding State of
Alaska regulations applicable to the commercial king and Tanner crab
fisheries in the Exclusive Economic Zone (EEZ) of the Bering Sea and
Aleutian Islands Area that are determined to be inconsistent with the FMP.
(b) License Limitation Program. Commercial fishing for crab species
not included in the Crab Rationalization Program for crab fisheries of
the Bering Sea and Aleutian Islands Area remains subject to the License
Limitation Program for the commercial crab fisheries in the Bering Sea
and Aleutian Islands Area under part 679 of this chapter.
Sec. 680.2 Definitions.
In addition to the definitions in the Magnuson-Stevens Act,
in 50 CFR part
[[Page 63261]]
600, and Sec. 679.2 of this chapter, the terms used in this part have
the following meanings:
Adak community entity means the non-profit entity incorporated
under the laws of the state of Alaska that represents the community of
Adak and has a board of directors elected by the residents of Adak.
Affiliation means a relationship between two or more entities in
which one directly or indirectly owns or controls a 10-percent
or greater interest in, or otherwise controls another, or a third
entity directly or indirectly owns or controls a 10-percent or
greater interest in, or otherwise controls both. For the purpose of
this definition, the following terms are further defined:
(1) Entity. An entity may be an individual, corporation,
association, partnership, joint-stock company, trust, or any
other type of legal entity, any receiver, trustee in bankruptcy or
similar official or liquidating agent, or any organized group of
persons whether incorporated or not, that holds direct or indirect
interest in:
(i) QS, PQS, IFQ, or IPQ; or,
(ii) For purposes of the EDR, a vessel or processing plant
operating in CR fisheries.
(2) Indirect interest. An indirect interest is one that passes
through one or more intermediate entities. An entity's percentage of
indirect interest in a second entity is equal to the entity's
percentage of direct interest in an intermediate entity multiplied by
the intermediate entity's direct or indirect interest in the second
entity.
(3) Controls a 10-percent or greater interest. An entity
controls a 10-percent or greater interest in a second entity if
the first entity:
(i) Controls a 10-percent ownership share of the second entity, or
(ii) Controls 10-percent or more of the voting stock of the
second entity.
(4) Otherwise controls. An entity otherwise controls another when
the first entity has the power through any other means whatsoever to
exercise a controlling influence over the management or policies of the
other entity, unless such power is solely the result of an official
position with such entity.
Arbitration IFQ means:
(1) Class A CVO IFQ held by a person who is not a holder of PQS or
IPQ and who is not affiliated with any holder of PQS or IPQ,
(2) Prior to July 1, 2008, CVC IFQ held by a person who is not a
holder of PQS or IPQ and who is not affiliated with any holder of PQS
or IPQ that the holder has elected to submit to the Arbitration System,
and
(3) After July 1, 2008, Class A CVC IFQ held by a person who is not
a holder of PQS or IPQ and is not affiliated with any holder of PQS or
IPQ.
(4) IFQ held by a crab harvesting cooperative so long as no member
of that crab harvesting cooperative:
(i) Holds PQS or IPQ; or
(ii) Is affiliated with a person who holds PQS or IPQ.
Arbitration QS means:
(1) CVO QS held by a person who is not a holder of PQS or IPQ and
is not affiliated with any holder of PQS or IPQ,
(2) Prior to July 1, 2008, CVC QS held by a person who is not a
holder of PQS or IPQ and is not affiliated with any holder of PQS or
IPQ and that the holder has elected to submit to the arbitration
process,
(3) After July 1, 2008, CVC QS held by a person who is not a holder
of PQS or IPQ and is not affiliated with any holder of PQS or IPQ .
Arbitration System means the system established by the contracts
required by Sec. 680.20 including the process by which the Market
Report and Non-Binding Price Formula are produced and the
Binding Arbitration process.
Assessed value means the most recent value for a vessel and gear
provided in a marine survey.
Auditor means an examiner employed by, or under contract to, the
data collection agent to verify data submitted in an economic data report.
Blind data means any data collected from the economic data report
by the data collection agent that are subsequently amended by removing
personal identifiers, including, but not limited to social security
numbers, crew permit numbers, names and addresses, Federal fisheries
permit numbers, Federal processor permit numbers, Federal tax
identification numbers, State of Alaska vessel registration and permit
numbers, and by adding in their place a nonspecific identifier.
Box size means the capacity of a crab-packing container in
kilograms or pounds.
BSAI crab means those crab species governed under the Fishery
Management Plan (FMP) for Bering Sea/Aleutian Islands King and Tanner
Crabs.
BSAI Crab Capacity Reduction Program means the program authorized
by Public Law 106-554, as Amended by Public Law 107-20
and Public Law 107-117.
BSAI crab fisheries means those crab fisheries governed under the
Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands King and
Tanner Crabs.
Captain means, for the purposes of the EDR, a vessel operator.
Catcher/Processor (CP) means a vessel that is used for catching
crab and processing that crab.
Catcher vessel means a vessel that is used for catching crab and
that does not process crab on board.
CDQ community means a community eligible to participate in the
Western Alaska Community Development Program under subpart C of 50 CFR
part 679.
CDQ group means a CDQ group as that term is defined at 50 CFR 679.2.
Committed IFQ means:
(1) Any Arbitration IFQ for which the holder of such IFQ has agreed
or committed to delivery of crab harvested with the IFQ to the holder
of previously uncommitted IPQ and for which the holder of the IPQ has
agreed to accept delivery of that crab, regardless of whether such
agreement specifies the price or other terms for delivery or
(2) Any Arbitration IFQ for which, on or after the date which is 25
days prior to the opening of the first crab fishing season in the QS
crab fishery for such IFQ, the holder of the IFQ has unilaterally
committed to delivery of crab harvested with the IFQ to the holder of
previously uncommitted IPQ, regardless of whether the IFQ and IPQ
holders have reached an agreement that specifies the price or other
terms for delivery.
Committed IPQ means any IPQ for which the holder of such IPQ has
received a commitment of delivery from a holder of Arbitration IFQ such
that the Arbitration IFQ is committed IFQ, regardless of whether the
Arbitration IFQ and IPQ holders have reached an agreement that
specifies the price or other terms for delivery.
CP standard price means price, expressed in U.S. dollars per raw
crab pound, for all CR crab landed by a CP as determined for each crab
fishing year by the Regional Administrator and documented in a CP
standard price list published by NMFS.
Crab cooperative IFQ means the annual catch limit of IFQ crab that
may be harvested by a crab harvesting cooperative that is lawfully
allocated a harvest privilege for a specific portion of the TAC of a CR
fishery.
Crab cost recovery fee liability means that amount of money, in
U.S. dollars, owed to NMFS by a CR allocation holder or RCR as
determined by multiplying the appropriate ex-vessel value of the
amount of CR crab debited from a CR allocation by the appropriate crab
fee percentage.
Crab fee percentage means that positive number no greater than 3
percent determined for each crab fishing year by the Regional
Administrator and
[[Page 63262]]
used to calculate the crab cost recovery fee liability for a CR
allocation holder under the Crab Rationalization Program.
Crab fishing year means the period from July 1 of one calendar year
through June 30 of the following calendar year.
Crab grade means a grading system to describe the quality of crab.
(1) Grade 1 means standard or premium quality crab, and
(2) Grade 2 means below standard quality crab.
Crab Individual Fishing Quota (Crab IFQ) means the annual catch
limit of a CR fishery that may be harvested by a person who is lawfully
allocated a harvest privilege for a specific portion of the TAC of a CR
fishery with the following designations or with the designation as a
crab IFQ hired master:
(1) Catcher Vessel Crew IFQ (CVC) means a permit to annually
harvest, but not process, a CR crab on board a vessel.
(2) Catcher Vessel Owner IFQ (CVO) means a permit to annually
harvest, but not process, a CR crab on board a vessel.
(i) Class A IFQ means IFQ that is required to be delivered to a
processor holding unused IPQ.
(ii) Class B IFQ means IFQ that is not required to be delivered to
a processor holding unused IPQ.
(3) Catcher/Processor Owner IFQ (CPO) means a permit to annually
harvest and process a CR crab with that vessel.
(4) Catcher/Processor Crew IFQ (CPC) means a permit to annually
harvest and process a CR crab with that vessel.
Crab IFQ hired master means a person who holds a crab IFQ hired
master permit issued under Sec. 680.4.
Crab IFQ permit holder means the person identified on an IFQ permit.
Crab LLP license history means for any particular crab LLP license:
the total legal landings made on the vessel or vessels that gave rise
to that license and any total legal landings made under the authority
of that license.
Crab quota share (crab QS) means a permit the face amount of which
is used as the basis for the annual calculation and allocation of a
person's crab IFQ with the following designations:
(1) Catcher vessel crew CVC QS means a permit the face amount of
which is used as the basis for the annual calculation and allocation of
crab IFQ to qualified persons.
(2) Catcher vessel owner (CVO) QS means a permit the face amount of
which is used as the basis for the annual calculation and allocation of
crab IFQ to qualified persons.
(3) Catcher/processor owner (CPO) QS means a permit the face amount
of which is used as the basis for the annual calculation and allocation
of crab IFQ to qualified persons.
(4) Catcher/processor crew (CPC) QS means a permit the face amount
of which is used as the basis for the annual calculation and allocation
of crab IFQ to qualified persons.
Crab QS fishery means those CR fisheries under Table 1 to this part
that require the use of QS and PQS and their resulting IFQ and IPQ to
harvest and process IFQ crab.
Crab QS program means the individual fishing quota (IFQ) or
individual processing quota (IPQ) programs for CR crab of the BSAI off
Alaska and governed by regulations under this part.
Crab QS regional designation means the designation of QS or PQS and
the associated IFQ and IPQ subject to regional delivery requirements in
this part.
Crab Rationalization (CR) crab means those crab species subject to
management under the Crab Rationalization Program described in Table 1
to this part.
Crab Rationalization (CR) Program means the individual fishing
quota (IFQ), individual processing quota (IPQ), Community Development
Quota (CDQ), and the Adak community allocation programs, including all
management, monitoring, and enforcement components, for Bering Sea/
Aleutian Islands King and Tanner Crabs in waters off Alaska governed by
the regulations of this part.
Crab rationalized (CR) allocation means any allocation of CR crab
authorized under the QS/IFQ, PQS/IPQ, CDQ, or the Adak community
allocation programs.
Crab rationalized (CR) fisheries means those fisheries defined in
Table 1 to part 680.
Crew means:
(1) Any individual, other than the captain or fisheries observers,
working on a vessel that is engaged in fishing.
(2) For the purposes of the EDR, each employee on a vessel,
excluding the captain, that participated in any CR fishery.
Custom processing means processing of crab undertaken on behalf of
another person.
Data collection agent (DCA) means the entity selected by the
Regional Administrator to distribute an economic data report (EDR) to a
person required to complete it, to receive the completed EDR, to review
and verify the accuracy of the data in the EDR, and to provide those
data to authorized recipients.
Days at Sea means, for the purposes of the EDR, the number of days
spent at sea while fishing for crab, including travel time to and from
fishing grounds.
Economic data report (EDR) means the report of cost, labor,
earnings, and revenue data for catcher vessels, catcher/processors,
shoreside crab processors, and stationary floating crab processors
participating in CR fisheries.
Eligible crab community (ECC) means a community in which at least 3
percent of the initial allocation of processor quota share of any crab
fishery is allocated. The specific communities include:
(1) CDQ Communities.
(i) Akutan;
(ii) False Pass;
(iii) St. George; and
(iv) St. Paul.
(2) Non-CDQ Communities.
(i) Dutch Harbor;
(ii) Kodiak;
(iii) King Cove;
(iv) Port Moller; and
(v) Adak.
Eligible crab community (ECC) entity means a non-profit
organization specified under Sec. 680.41(j)(2) that is designated by
an ECC other than Adak to represent it for the purposes of engaging in
the right of first refusal of transfer of crab PQS or IPQ outside the
ECC under contract provisions set forth under Sec. 680.40(m). For
those ECCs that also are CDQ communities, the ECC entity is the CDQ
group to which the ECC is a member.
Eligible crab community organization (ECCO) means a
non-profit organization that represents at least one ECC as
defined in this part and that has been approved by the Regional
Administrator to obtain by transfer and hold crab QS and to lease IFQ
resulting from the crab QS on behalf of an ECC.
Eligible community resident means, for purposes of the Crab QS
program, any individual who:
(1) Is a citizen of the United States;
(2) Has maintained a domicile in the ECC from which the individual
requests to lease crab IFQ for at least 12 consecutive months
immediately preceding the time when the assertion of residence is made
and who is not claiming residency in another community, state,
territory, or country; and
(3) Is otherwise eligible to receive crab QS or IFQ by transfer.
Ex-vessel value means:
(1) For the shoreside processing sector. The total U.S. dollar
amount of all compensation, monetary and non-monetary, including
any retro-payments, received by a CR allocation holder for the
purchase of any CR crab debited from the CR allocation described in
terms of raw crab pounds.
(2) For the catcher/processor sector. The total U.S. dollar amount
of CR crab
[[Page 63263]]
landings as calculated by multiplying the number of raw crab pounds
debited from the CR allocation by the appropriate CP standard price
determined by the Regional Administrator.
Finished pounds means the total weight of processed product, not
including container, in pounds.
IFQ account means the amount of crab IFQ in round pounds that is
held by a person at any particular time for a crab QS fishery, sector,
region, and class.
IFQ crab means crab species listed in Table 1 to this part subject
to management under the crab QS program.
Initial processor quota share pool means the total number of
processor quota share units for each crab QS fishery which is the basis
of initial processor quota share allocations.
Initial quota share pool means the total number of
non-processor quota share units for each CR fishery which is the
basis of initial QS allocations.
Individual processor quota (IPQ) means the annual amount of crab
that may be processed by a person who is lawfully allocated a
processing privilege for a specific portion of the TAC for a CR fishery.
IPQ account means the amount of crab IPQ in round pounds that is
held by a person at any particular time for a CR fishery and region.
Landing means the transfer of raw crab harvested by a vessel prior
to that crab being reported on a CR crab landing report.
(1) For catcher/processors, the amount of crab retained during a
reporting period constitutes a landing.
(2) For catcher vessels, the amount of crab landed from the boat at
a single location/time constitutes a landing.
Lease of QS/IFQ or PQS/IPQ means a temporary, annual transfer of
crab IFQ or IPQ without the underlying QS or PQS.
Leaseholder means, for purposes of the EDR, a person who:
(1) Is identified as the leaseholder in a written lease of a
catcher vessel, catcher/processor, shoreside crab processor, or
stationary floating crab processor, or
(2) Pays the expenses of a catcher vessel, catcher/processor,
shoreside crab processor, or stationary floating crab processor, or
(3) Claims expenses for the catcher vessel, catcher/processor,
shoreside crab processor, or stationary floating crab processor as a
business expense on schedule C of his/her Federal income tax return or
on a state income tax return.
Mutual Agreement for purposes of the Arbitration System means the
consent and agreement of Arbitration Organizations that represent an
amount of Arbitration QS equal to more than 50 percent of all the
Arbitration QS in a fishery, and an amount of PQS equal to more than 50
percent of all the PQS in a fishery based upon the Annual Arbitration
Organization Reports.
Newly constructed vessel means, for the purposes of initial QS
issuance, a vessel on which the keel was laid by June 10, 2002.
Official crab rationalization record means the information prepared
by the Regional Administrator about the legal landings and legal
processing by vessels and persons in the BSAI crab fisheries during the
qualifying periods specified at Sec. 680.40.
Processing, or to process means the preparation of, or to prepare,
crab to render it suitable for human consumption or storage. This
includes, but is not limited to, cooking, canning, butchering,
sectioning, freezing or icing.
Processor quota share (PQS) means a permit the face amount of which
is used as the basis for the annual calculation and allocation of an IPQ.
Raw crab pounds means the recorded weight of crab in pounds at
landing or prior to processing.
Registered crab receiver (RCR) means a person holding an RCR Permit
issued by the Regional Administrator.
Right of First Refusal (ROFR) means the contractual provisions set
forth under Sec. 680.40(m) between the holders of PQS and ECC entities
for the opportunity of ECCs to exercise the right to purchase PQS
proposed to be transferred by a holder of PQS in an ECC.
Seafood Marketing Association Assessment (SMAA) means the seafood
processing assessment collected by processing firms and buyers from
fishery harvesters for the State of Alaska.
Share payment means an amount of monetary compensation (not salary
or wages) based on gross or net earnings of a BSAI crab fishing vessel.
Shoreside crab processor means any person or vessel that receives,
purchases, or arranges to purchase unprocessed crab, except a catcher/
processor or a stationary floating crab processor.
Stationary floating crab processor (SFCP) means a vessel of the
United States that remains anchored or otherwise remains stationary
while receiving or processing in the waters of the State of Alaska.
Uncommitted IFQ means any Arbitration IFQ that is not Committed IFQ.
Uncommitted IPQ means any IPQ that is not Committed IPQ.
U.S. Citizen means:
(1) Any individual who is a citizen of the United States; or
(2) Any corporation, partnership, association, or other entity that
is organized under Federal, state, or local laws of the United States
or that may legally operate in the United States.
Sec. 680.3 Relation to other laws.
(a) King and Tanner crab. (1) Additional laws and regulations
governing the conservation and management of king crab and Tanner crab
in the BSAI area are contained in 50 CFR part 679, Alaska Statutes at
A.S. 16, and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39.
(2) The Alaska Administrative Code (at 5 AAC 39.130) governs
reporting and permitting requirements using the ADF&G ``Intent to
Operate'' registration form and ``Fish Tickets.''
(b) Sport, personal use, and subsistence. (1) For State of Alaska
statutes and regulations governing sport and personal use crab fishing
other than subsistence fishing, see Alaska Statutes, Title 16--Fish and
Game; 5 AAC Chapters 47 through 77.
(2) For State of Alaska statutes and regulations governing
subsistence fishing for crab, see Alaska Statutes, Title 16--Fish and
Game; 5 AAC 02.001 through 02.625.
Sec. 680.4 Permits.
Persons participating in the CR crab fisheries are required to
possess the permits described in this section. Approval of applications
under this part may be conditioned on the payment of fees under Sec.
680.44 or the submission of an EDR as described under Sec. 680.6.
(a) Crab QS Permit. Crab QS is issued by the Regional Administrator
to persons who successfully apply for an initial allocation under Sec.
680.40 or to receive QS by transfer under Sec. 680.41. Once issued, a
QS permit is valid until modified by transfer under Sec. 680.41; or
the permit is revoked, suspended, or modified pursuant to Sec. 679.43
or under 15 CFR part 904.
(b) Crab PQS Permit. Crab PQS is issued by the Regional
Administrator to persons who successfully apply for an initial
allocation under Sec. 680.40 or receive PQS by transfer under Sec.
680.41. Once issued, a PQS permit is valid until modified by transfer
under Sec. 680.41 or until the permit is revoked, suspended, or
modified pursuant to Sec. 679.43 or under 15 CFR part 904.
[[Page 63264]]
(c) Crab IFQ Permit. (1) A Crab IFQ Permit authorizes the person
identified on the permit to harvest crab in the fishery identified on
the permit at any time the fishery is open during the crab fishing year
for which the permit is issued, subject to conditions of the permit. A
crab IFQ permit is valid in the following circumstances:
(i) Until the end of the crab fishing year for which the permit is
issued;
(ii) Until the amount harvested is equal to the amount specified on
the permit;
(iii) Until the permit is modified by transfers under Sec. 680.41;
or
(iv) Until the permit is revoked, suspended, or modified pursuant
to Sec. 679.43 or under 15 CFR part 904.
(2) A legible copy of any Crab IFQ Permit must be carried on board
the vessel used by the permitted person at all times that such crab are
retained on board.
(3) A Crab IFQ Permit is issued on an annual basis by the Regional
Administrator to persons who hold crab QS of the type specified by the
QS and who have submitted a complete Annual Application for Crab IFQ/
IPQ Permit that is subsequently approved by the Regional Administrator.
(d) Crab IPQ Permit. (1) A Crab IPQ Permit authorizes the person
identified on the permit to process the IFQ crab identified on the
permit, subject to conditions of the permit, until the amount processed
is equal to the amount specified on the permit or until the permit is
revoked, suspended, or modified under 15 CFR part 904. An IPQ permit is
valid in the following circumstances:
(i) Until the end of the crab fishing year for which the permit is
issued;
(ii) Until the amount harvested is equal to the amount specified on
the permit;
(iii) Until the permit is modified by transfers under Sec. 680.41;
or
(iv) Until the permit is revoked, suspended, or modified pursuant
to Sec. 679.43 or under 15 CFR part 904.
(2) A legible copy of a Crab IPQ Permit authorizing processing of
IFQ crab must be retained on the premises or vessel used by the
permitted person to process the IFQ crab at all times that such crab
are retained on the premises or vessel.
(3) A Crab IPQ Permit is issued on an annual basis by the Regional
Administrator to persons who hold crab processor QS of the type
specified by the QS and who have submitted a complete Annual
Application for Crab IFQ/IPQ Permit that is subsequently approved by
the Regional Administrator. A complete application must be submitted no
later than August 1 of the crab fishing year for which a person is
applying to receive IFQ or IPQ. If a complete application is not
submitted by this date, that person will not receive IFQ or IPQ for
that crab fishing year.
(e) Contents of Annual Application for Crab IFQ/IPQ permit. A
person applying for an Annual Crab IFQ or IPQ permit must include the
following information:
(1) Applicant information. (i) Applicant's name and NMFS Person ID;
(ii) Applicant's date of birth or, if a non-individual, date
of incorporation;
(iii) Applicant's social security number (optional) or tax
identification number;
(iv) Applicant's permanent business mailing address and any
temporary mailing address the applicant wishes to use;
(v) Applicant's telephone number, facsimile number, and
e-mail address;
(2) Crab IFQ or IPQ Permit identification. (i) Indicate Crab QS
fishery(ies) for which applicant is applying to receive IFQ or IPQ by
type;
(ii) Indicate (YES or NO) whether applicant has joined a crab
cooperative; if YES, indicate cooperative's name;
(3) Affidavit of affiliation. A completed affidavit of affiliation
declaring any and all affiliations, as the term ``affiliation'' is
defined at Sec. 680.2, with any PQS permit holders. An affidavit of
affiliation will include affirmations by the applicant pertaining to
relationships that may involve direct or indirect ownership or control
of the delivery of IFQ and any supplemental documentation deemed
necessary by NMFS to determine whether an affiliation exists;
(i) Whether any entity holding PQS or IPQ owns, directly or
indirectly, 10 percent or more of the applicant for IFQ or IPQ;
(ii) Whether any entity that holds PQS or IPQ is affiliated with
the applicant, as affiliation is defined in Sec. 680.2;
(iii) If the answer is YES to either paragraph (e)(3)(i) or
(e)(3)(ii) of this section, provide a list of all PQS or IPQ holders
with which you are affiliated, including: full name, business mailing
address, and business telephone number.
(4) Identification of ownership interests. If the applicant is not
an individual, the names of all persons, to the individual level,
holding an ownership interest in the entity and the percentage
ownership each person and individual holds in the applicant;
(5) Certification of applicant. The applicant must sign and date
the application certifying that all information is true, correct, and
complete to the best of his/her knowledge and belief. Print the name of
the applicant. If the application is completed by an authorized
representative, proof of authorization must accompany the application.
(6) EDR submission. Verification that a current EDR was submitted
to the DCA for this applicant, if required under Sec. 680.6.
(f) Crab IFQ Hired Master Permit. (1) A Crab IFQ Hired Master
Permit authorizes the individual identified on the permit to harvest
and land IFQ crab for debit against the specified Crab IFQ Permit until
the Crab IFQ Hired Master Permit expires or is revoked, suspended, or
modified under 15 CFR part 904 or on request of the Crab IFQ Permit
holder.
(2) A legible copy of an IFQ Hired Master Permit must be on board a
vessel used to harvest IFQ crab at all times such crab are retained on
board. Except as specified in Sec. 680.42, an individual who is issued
a Crab IFQ Hired Master Permit must remain aboard the vessel used to
harvest IFQ crab with that permit during the crab QS fishing trip and
at the landing site until all crab harvested under that permit are
offloaded and the landing report for such crab is completed.
(3) Contents of Application for Crab IFQ Hired Master Permit. A
complete application for a Crab IFQ Hired Master Permit must include
the following:
(i) Purpose of application. Whether the application is to add or to
delete a hired master and identification of crab permit(s) for which
this application is submitted;
(ii) Permit holder information. (A) Name and NMFS Person ID;
(B) Social security number (optional) or tax ID number;
(C) Permanent business mailing address, and any temporary mailing
address the applicant wishes to use, business telephone number,
facsimile number, and e-mail address (if available);
(iii) Identification of vessel upon which crab IFQ will be
harvested. (A) Vessel Name, ADF&G vessel registration number, USCG
documentation number;
(B) Indicate whether (YES or NO) the applicant owns at least a 10
percent ownership interest in the vessel the Crab IFQ hired master will
use to fish permit holder's IFQ. If YES, provide documentation of
applicant's 10-percent ownership interest.
(iv) Crab IFQ hired master permit holder information. Complete a
separate section for each crab IFQ hired master.
(A) Name and NMFS Person ID;
(B) Social security number (optional);
[[Page 63265]]
(C) Date of birth of hired master;
(D) Permanent business mailing address, and any temporary mailing
address the applicant wishes to use, business telephone number,
facsimile number, and e-mail address (if available).
(v) Applicant certification. The applicant must sign and date the
application certifying that all information is true, correct, and
complete to the best of his/her knowledge and belief. If the
application is completed by an authorized representative, then a proof
of authorization must accompany the application.
(g) RCR permit. (1) An RCR permit is issued on an annual basis. An
RCR permit is valid during the crab fishing year for which it is issued
until the RCR permit expires or is revoked, suspended, or modified
under 15 CFR part 904.
(2) An RCR permit is required for:
(i) Any person who receives unprocessed CR crab from the person(s)
who harvested the crab;
(ii) The owner or operator of a vessel that processes CR crab at
sea; and
(iii) Any person required to submit a Departure Report under 50 CFR
679.5(l)(4).
(3) Contents of Application for RCR permit. A complete application
for an RCR permit must include verification that any and all fees owed
by the applicant are paid and that a current EDR was submitted to the
DCA for this applicant, if required under Sec. 680.6. In addition, the
applicant must include the following information:
(i) Indicate whether the application is a renewal of an existing
RCR permit, an amendment to an existing RCR permit, or a request for a
new RCR permit. If a renewal of or amendment to an existing RCR permit,
include the applicant's RCR permit number;
(ii) Applicant identification. (A) Name and NMFS Person ID of the
applicant;
(B) Applicant's social security number or tax ID number;
(C) Name of contact person for the applicant, if applicant is not
an individual;
(D) Permanent business mailing address;
(E) Physical land-based location of facility including
street, city, and state, at which the RCR operates. A separate RCR
permit is required for each facility;
(F) Physical location of vessel including port name and position
coordinates in latitude and longitude to the nearest minute; and
(G) Business telephone number, facsimile number, and e-mail
address (if available).
(iii) Type of activity. Type of receiving or processing activity
whether catcher/processor or shoreside processor;
(iv) Individual responsible for the submission of the EDR. (A) Name
of the designated representative submitting the EDR required at Sec.
680.6 on behalf of the RCR;
(B) Business mailing address, telephone number, facsimile number,
and e-mail address, if different from the RCR's contact
information;
(v) Application certification. The applicant must sign and date the
application certifying that all information is true, correct, and
complete to the best of his/her knowledge and belief. If the
application is completed by an authorized representative, then a proof
of authorization must accompany the application.
(vi) Verification that a current EDR was submitted to the DCA for
this applicant, if required under Sec. 680.6.
(h) Federal Crab Vessel Permit. The owner of a vessel must have a
Federal Crab Vessel Permit on board that vessel when used to fish for
CR crab.
(1) A Federal Crab Vessel Permit is issued on an annual basis and
is in effect from the date of issuance through the end of the current
crab fishing year, unless it is revoked, suspended, or modified under
Sec. 600.735 or Sec. 600.740.
(2) A Federal Crab Vessel Permit may not be surrendered at any time
during the crab fishing year for which it is issued.
(3) Contents of Application for Federal Crab Vessel Permit. A
complete application for a Federal Crab Vessel Permit must include
verification that a current EDR was submitted to the DCA for this
applicant, if required under Sec. 680.6, and the following
information:
(i) Indicate whether (YES or NO) the application amends an existing
Federal Crab Vessel permit; if YES, indicate permit number of the
existing permit;
(ii) Owner information. The name(s), permanent business mailing
address, social security number (voluntary) or tax ID, business
telephone number, business facsimile number, business e-mail
address (if available) of all vessel owners, and the name of any person
or company (other than the owner) that manages the operation of the
vessel;
(iii) Vessel information. The vessel's name and home port (city and
state), ADF&G processor code, whether a vessel of the United States,
USCG documentation number, and ADF&G vessel registration number,
vessel's LOA (in feet), registered length (in feet), gross tonnage, net
tonnage, and shaft horsepower.
(iv) Type of vessel operation. Indicate the type of operations the
vessel may conduct during a crab fishing year.
(v) Designated representative for EDR. The name, permanent business
mailing address, business telephone number, business facsimile number,
and business e-mail address of the designated representative.
(vi) Applicant certification. The owner(s) of the vessel must sign
and date the application certifying that all information is true,
correct, and complete to the best of his/her knowledge and belief.
Print the applicant name. If the application is completed by an
authorized representative, then a proof of authorization must accompany
the application.
(4) Transfer. A Federal Crab Vessel Permit issued under this
paragraph is not transferable or assignable and is valid only for the
vessel for which it is issued.
(5) Amended Application. The holder of a Federal Crab Vessel Permit
must submit an amended application for a Federal Crab Vessel Permit
within 60 days of the date of change in:
(i) The ownership of the vessel. A copy of the current USCG
documentation for the vessel showing the change in ownership must
accompany the amended application.
(ii) The individual responsible for submission of the EDR on behalf
of the vessel's owner(s).
(i) Annual Crab Harvesting Cooperative IFQ Permit. See Sec.
680.21.
(j) Issuance. The Regional Administrator may issue or amend a Crab
QS, PQS, IFQ, and IPQ Permit or a Crab IFQ Hired Master Permit annually
or at other times as needed under this part.
(k) Transfer. Crab QS, PQS, IFQ and IPQ permits and Federal Crab
Vessel Permits issued under Sec. 680.4 are not transferable, except as
provided under Sec. 680.41. Crab IFQ Hired Master Permits, RCR
permits, and crab cooperative permits issued under this section are not
transferable.
(l) Inspection. The holder of a Crab IFQ Permit, Crab IPQ Permit,
or Crab IFQ Hired Master Permit must present a legible copy of the
permit on request of any authorized officer or RCR receiving a crab IFQ
landing. The operator of a vessel used to fish for BSAI crab must
present the original Federal Crab Vessel Permit on request of any
authorized officer or RCR receiving a crab IFQ landing. A legible copy
of the RCR permit must be present at the location of a crab IFQ landing
and must be made available by an individual representing
[[Page 63266]]
the RCR for inspection on request of any authorized officer.
Sec. 680.5 Recordkeeping and reporting (R&R).
(a) General requirements--(1) Recording and reporting crab. Any CR
crab harvested that is retained, landed, received or processed, and
crab that cannot be processed, must be recorded and reported.
(2) Responsibility. The following participants in the CR crab
fisheries are responsible for complying with the applicable R&R
requirements provided in paragraph (a)(2)(v) of this section:
(i) The owner and operator of any vessel used to harvest or process
CR crab;
(ii) A crab IFQ permit holder or crab IFQ hired master;
(iii) A crab IPQ permit holder or the manager of a crab IPQ permit
holder;
(iv) An RCR, including an RCR that receives CR crab for custom
processing, and an RCR that is the operator of a catcher vessel;
(v) The persons that are responsible for specific reports, forms,
and records are specified in the following table:
------------------------------------------------------------------------
Recordkeeping and Reporting
Report Person Responsible Reference
------------------------------------------------------------------------
(A) Product Transfer Report Owner and operator Sec. 679.5(g)
(PTR) of catcher/
processor; Owner
and manager of
shoreside
processor or SFCP;
RCR
------------------------------------------------------------------------
(B) U.S. Vessel Activity Report Owner and operator Sec. 679.5(k)
(VAR) of vessel
------------------------------------------------------------------------
(C) Transhipment Authorization Owner or operator Sec. 679.5(l)(3)
of catcher/
processor; RCR
------------------------------------------------------------------------
(D) IFQ Departure Report Owner and operator Sec. 679.5(l)(4)
of vessel
------------------------------------------------------------------------
(E) CR crab Landing Report RCR Sec. 680.5(b)
------------------------------------------------------------------------
(F) Catcher/processor offload RCR Sec. 680.5(c)
report
------------------------------------------------------------------------
(G) Eligible Crab Community ECCO Sec. 680.5(d)
Organization (ECCO)
Annual Report for an Eligible
Crab Community (ECC)
------------------------------------------------------------------------
(H) RCR Fee Submission Form RCR Sec. 680.5(e)
------------------------------------------------------------------------
(I) Crab Economic Data Report Owners or Sec. 680.6
(EDR) leaseholders of a
catcher vessel,
catcher/processor,
shoreside
processor, or SFCP
------------------------------------------------------------------------
(3) Representative. Designation of a representative to complete R&R
requirements does not relieve the person(s) responsible for compliance
or ensuring compliance with this section.
(4) Submittal of information. A person must submit to NMFS all
information, records, and reports required in this section in English
and in a legible, timely, and accurate manner, based on A.l.t.; if
handwritten or typed, in indelible ink.
(5) Alteration of records. A person may not alter or change any
entry or record submitted to NMFS, except that an inaccurate,
incomplete, or incorrect entry or record may be corrected after
notifying the Regional Administrator at the address and fax number
listed on each form.
(6) Inspection of records. A person responsible for R&R under
paragraph (a)(2)(i) of this section must make available for inspection
all reports, forms, scale receipts, and CR crab landing report receipts
upon the request of an authorized officer for the time periods
indicated in paragraph (a)(7) of this section.
(7) Retention of records. A person responsible for R&R under
paragraph (a)(2)(i) of this section must retain all reports and
receipts as follows:
(i) On site. Until the end of the crab fishing year during which
the records were made and for as long thereafter as crab or crab
products recorded in the records are retained onboard the vessel or
onsite at the facility; and
(ii) For 3 years. For 3 years after the end of the crab fishing
year during which the records were made.
(8) Landing verification and inspection. Each CR crab landing and
all crab retained on board the vessel making a CR crab landing are
subject to verification and inspection by authorized officers.
(9) Sampling. Each CR crab landing and all crab retained onboard a
vessel making a CR crab landing are subject to sampling by authorized
officers and observers.
(b) Interagency electronic reporting system (IERS). The RCR must
obtain at his or her own expense, hardware, software, and Internet
connectivity to support Internet submissions of the CR crab landing
report on the IERS.
(1) IERS application for user ID. Each RCR and permit holder must
submit a data-entry application to the Regional Administrator to
provide information needed to process account access into the IERS. The
IERS will provide a web page where the applicant will enter
information. The IERS will validate that all required information is
submitted, that the information entered is in correct format, and also
that the requested user ID is not already in use. The IERS will
generate a PDF document from the information entered by the applicant.
The user will sign and submit the form. An agency user will review the
form, confirm that the user should be authorized for the system, and
will activate the user on the IERS. The IERS will then send the user an
email telling them they can now use their new user ID.
(2) Contents of the IERS. The IERS application for user ID must
contain the following information:
(i) Date of application;
(ii) Name of applicant (user);
(iii) Processor name and location (city and state);
(iv) Business telephone number, facsimile number, and e-mail
address;
(v) Requested user ID;
(vi) Initial password;
(vii) Security question;
[[Page 63267]]
(viii) Security answer;
(ix) Processor code(s);
(x) Federal processor permit number(s);
(xi) RCR permit number(s);
(xii) Registered buyer permit number(s);
(xiii) Signature of applicant and date signed. Signature of
applicant on form means that RCR or permit holder, as appropriate,
agrees to use access privileges to the IERS for purposes of submitting
legitimate fishery landing reports and to safeguard the user ID and
password to prevent their use by unauthorized persons.
(xiv) Signature of plant manager and date signed. Signature of
plant manager ensures that the applicant is authorized to submit
landing reports for the processor identification number(s) listed.
(c) CR crab landings--(1) Joint and several liability. The CR crab
permit holder and crab IFQ hired master are required to provide
accurate information to the RCR to complete the CR crab landing report.
(2) Reporting. Any CR crab not previously reported must be reported
by the RCR on any day when CR crab is landed.
(3) Submission requirement. An RCR is required to submit a CR crab
landing report to the Regional Administrator for each catcher vessel
landing.
(4) Properly debited landing. All retained crab catch must be
weighed, reported and debited from the appropriate IFQ or IPQ account
under which the catch was harvested, as appropriate. A properly debited
Internet receipt from the IERS or a manual landing report receipt
constitutes confirmation that NMFS received the CR crab landing report
and that the permit holder's account is properly debited. The receipt
must be signed and dated by both the RCR and permit holder.
(5) Remain at landing site. Except for landings of CR crab
processed at sea, once the landing has commenced, the CR crab permit
holder or crab IFQ hired master and the harvesting vessel may not leave
the landing facility until the CR crab account is properly debited (as
defined in paragraph (c)(4) of this section).
(6) No movement of CR crab. The landed crab may not be moved from
the facility where it is landed until the CR crab landing report is
received by the Regional Administrator, and the IFQ permit holder's or
IPQ permit holder's account is properly debited (as defined in
paragraph (c)(4) of this section. A properly printed Internet
submission receipt, or a receipt from another NMFS-approved
reporting method, must be signed by both the RCR and permit holder.
This receipt constitutes confirmation that NMFS received the CR crab
landing report and that the permit holder's account is properly
debited.
(7) Time limits. (i) A landing of CR crab may commence at any time.
(ii) For CR crab harvested under a CPO or CPC permit, an RCR must
submit a completed CR crab landing report to NMFS within 6 hours of the
end of each calendar day (A.l.t.) in which the CR crab was harvested.
(iii) For CR crab harvested on a catcher/processor, the owner or
operator is required to submit a daily CR crab landing report to NMFS
within 6 hours of the end of each calendar day (A.l.t.) in which CR
crab was harvested.
(8) IERS CR landing report procedure. (i) An RCR must enter his or
her authorized user ID and password to access the IERS. An RCR obtains
a user ID by submitting to NMFS an IERS application for user ID (see
paragraph (b)(1) of this section).
(ii) The CR crab permit holder must provide his or her name, NMFS
person ID number, crab permit holder permit number, and his or her own
password or personal identification number (PIN), if required, to enter
a CR crab landing report.
(iii) A person who for any reason is unable to properly submit an
electronic CR crab landing report or debit a landing as required under
paragraph (c) of this section must telephone NMFS at
800-304-4846;
(iv) The address of the NMFS Alaska Region Internet site will be
provided to all RCRs receiving crab;
(9) Contents of CR landing report. The RCR must accurately enter
the following information in a CR crab landing report:
(i) RCR permit number;
(ii) ADF&G processor code of first purchaser;
(iii) CFEC permit number;
(iv) Vessel name;
(v) Valid year of CFEC license;
(vi) Valid year of processor permit;
(vii) CR fishery code from Table 1 to this part;
(viii) Indicate (YES or NO) if a portion of the harvested CR crab
was delivered to another processor; if YES, indicate the other
processor's name and associated crab fish ticket number;
(ix) Indicate (YES or NO) whether all CR crab are removed from the
vessel;
(x) Management program: IFQ, CDQ, or Adak. If CDQ enter CDQ group
number;
(xi) ADF&G vessel registration number of the delivering vessel;
(xii) Date fishing began;
(xiii) Date of the CR crab landing;
(xiv) Number of pot lifts in each ADF&G statistical area;
(xv) Number of crew. Enter crew including operator and excluding
observer(s);
(xvi) Number of observers;
(xvii) ADF&G fish ticket number;
(xviii) Type of processing operation. If shoreside processor, enter
port code from Tables 14a or 14b to part 679. If catcher/processor,
enter operation type from Table 14c to part 679.
(xix) ADF&G statistical area of harvest reported by the IFQ permit
holder;
(xx) Species code of catch from Table 2 to this part;
(xxi) Delivery-condition code of catch from Table 3 to this part.
(xxii) Number of crabs retained (optional);
(xxiii) Price per pound;
(xxiv) Total value for each species of CR crab reported;
(xxv) Scale weight of live crab in pounds;
(xxvi) Scale weight of deadloss in pounds;
(xxvii) Scale weight of crab retained for personal use in pounds;
and
(xxviii) Gear code to describe gear used to harvest CR crab (see
Table 15 to 50 CFR part 679).
(10) Custom processing. In addition to the information required in
paragraph (b)(6) of this section, if custom processing CR crab, enter
the name and ADF&G processor code of that other person;
(11) CDQ and Adak landings. Instead of the information described in
paragraph (b)(6) of this section, an RCR who receives a landing of CR
crab harvested under the CDQ or Adak community allocation programs must
submit for each landing the following information for each CR fishery
and species:
(i) RCR permit number;
(ii) CR fishery code from Table 1 to this part;
(iii) Crab species code from Table 2 to this part;
(iv) Type of crab, either CDQ or Adak community allocation;
(v) If CDQ, enter CDQ group number;
(vi) Crab species amount. Enter the initial accurate scale
weight(s) in raw crab pounds landed or processed at sea;
(vii) Price per pound; and
(viii) Total value for each species of CR crab reported (optional).
(12) Required signature. After the RCR enters the landing and/or
processing data in the Internet submission form(s) or other electronic
method approved by NMFS, the RCR and the IFQ permit holder must sign
the printed receipts to acknowledge the accuracy of the CR crab landing
report.
[[Page 63268]]
(d) Catcher/processor offload report. The owner or operator of a
catcher/processor that harvested CR crab must complete a catcher/
processor offload report at the time of offload of CR crab and attach a
scale printout showing gross product offload weight.
(1) Contents of catcher/processor offload report. The catcher/
processor offload report must include the following:
(i) Name, ADF&G processor code, and Federal crab vessel permit
number of the catcher/processor;
(ii) Fishing start date and time;
(iii) Fishing stop date and time;
(iv) Product code from Table 3 to this part
(v) Total gross weight of product offload, including glaze and
packaging;
(vi) Estimated glaze percentage;
(vii) Case count and average box weight (lb or kg);
(viii) Net weight of crab product (lb or kg);
(ix) Completion date and time of catcher/processor offload;
(x) Location (port) of catcher/processor offload (see Tables 14a
and 14b to part 679);
(xi) ADF&G fish ticket number.
(2) The RCR must submit electronically or by fax the catcher/
processor offload report and a copy of the scale printout within 2
hours of completion of offload to the Regional Administrator at
Facsimile No. (907-586-7465).
(e) ECCO Annual Report for an ECC. (1) Annually by June 30, each
ECCO must submit a complete annual report on its CR crab activity for
the prior crab fishing year for each ECC represented by the ECCO. The
ECCO must submit a copy of the annual report to the governing body of
each community represented by the ECCO and to the Regional
Administrator, NMFS, Alaska Region; P.O. Box 21668; Juneau, AK 99802.
(2) Contents of ECCO Annual Report. A complete annual report must
include the following information for the IFQ derived from the QS held
by the ECCO:
(i) Name, ADF&G vessel registration number, USCG documentation
number, length overall (LOA), and home port of each vessel from which
the IFQ was harvested;
(ii) Name and business addresses of individuals employed as crew
members when fishing the IFQ;
(iii) Criteria used by the ECCO to distribute IFQ leases among
eligible community residents;
(iv) Description of efforts made to ensure that IFQ lessees employ
crew members who are eligible community residents of the ECC aboard
vessels on which IFQ derived from QS held by a ECCO is being fished;
(v) Description of the process used to solicit lease applications
from eligible community residents of the ECC on whose behalf the ECCO
is holding QS;
(vi) Names and business addresses and amount of IFQ requested by
each individual applying to receive IFQ from the ECCO;
(vii) Any changes in the bylaws of the ECCO, board of directors, or
other key management personnel;
(viii) Copies of minutes, bylaw changes, motions, and other
relevant decision making documents from ECCO board meetings.
(f) RCR fee submission form. (See Sec. 680.44.)
(1) Applicability. An RCR who receives any CR crab per Sec. 680.44
or the RCR's authorized representative must submit a complete RCR Fee
Submission Form electronically, by mail, or by facsimile to the
Regional Administrator. Mail to: Regional Administrator, NMFS, Alaska
Region; Attn: Operations, Management, & Information Division (OMI);
P.O. Box 21668; Juneau, AK 99802-1668; Facsimile No.
(907-586-7354). RCRs may also submit an RCR Fee
Submission Form electronically to NMFS via forms available from RAM or
on the RAM area of the Alaska Region Home Page at
http://www.fakr.noaa.gov/ram 
.
(2) Due date and submittal. The reporting period of the RCR Fee
Submission Form shall be the crab fishing year. An RCR must submit any
crab cost recovery fee liability payment(s) and the RCR Fee Submission
Form to NMFS electronically or to the address provided at paragraph
(e)(1) of this section not later than July 31 following the crab
fishing year in which the payment for CR crab landings were made.
(3) Required information. An RCR must accurately record on the RCR
Fee Submission Form the following information:
(i) Identification of the RCR. (A) Printed full name and NMFS
person ID of RCR;
(B) Social security number or Federal tax identification number;
(C) Permanent or temporary business mailing address;
(D) Business telephone number, business facsimile number, and
business e-mail address (if available).
(E) Certification of applicant. Printed name and signature of
applicant and date signed. If authorized representative, attach
authorization to application.
(ii) Method of Payment (see Sec. 680.44 (a)(4)). The RCR must
indicate the form of payment for fees including personal check, bank
certified check (cashier's check), money order, or credit card. If
credit card, the RCR must submit the card number, expiration date,
amount of payment, name as printed on the card, signature of the card
holder, and date of signature.
(g) Product transfer report. (See Sec. 679.5(g).)
(h) U.S. Vessel activity report (VAR). (See Sec. 679.5(k).)
(i) Transshipment authorization. (See Sec. 679.5(l)(3).)
(j) IFQ departure report. (See Sec. 679.5(l)(4).)
(k) Catcher vessel longline and pot daily fishing logbook (DFL) and
catcher/processor daily cumulative production logbook (DCPL). (See
Sec. 679.5 (c)).
Sec. 680.6 Crab economic data report (EDR).
(a) Catcher vessel historical EDR. (1) NMFS will select catcher
vessels from a list of known catcher vessels that made at least one
landing from fisheries listed in Table 1 to this part between January
1, 1998, through December 31, 2004, and will publish a Federal Register
notice identifying vessels whose existing or former owners and
leaseholders are required to submit an EDR, as follows:
(i) Owners or leaseholders of catcher vessels that participated in
the BSAI crab fisheries between January 1, 1998, through December 31,
2004 and have qualified for or hold QS, PQS, IFQ, or IPQ under this
Program.
(ii) Owners or leaseholders of catcher vessels that participated in
the BSAI crab fisheries between January 1, 1998, through December 31,
2004, that did not qualify for and receive QS, PQS, IFQ, or IPQ, but
are participants at any time since January 23, 2004, in the BSAI crab
fisheries.
(2) Time limit. The owner or leaseholder of the identified vessels
must submit the historical EDR to the DCA 60 days after the Federal
Register notice notifying owners or leaseholders to the address
provided on the form.
(3) Instructions. Instructions for submitting a catcher vessel
historical EDR and certification page are specified in the following table:
[[Page 63269]]
----------------------------------------------------------------------------------------------------------------
If you were ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The catcher vessel owner as (A) You harvested BSAI crab in the Entire EDR for each year that BSAI
described in paragraph (a)(1) of vessel described at paragraph crab was harvested.
this section (a)(4)(ii)(B) of this section and
were notified by NMFS to submit an
EDR for selected years.
------------------------------------------------------------------------------
(B) No one harvested BSAI crab in the EDR certification pages.
vessel described at paragraph
(a)(4)(ii)(B) of this section and
were notified by NMFS to submit an
EDR for selected years.
------------------------------------------------------------------------------
(C) You leased the vessel to another (1) EDR certification pages.
party, and harvested no BSAI crab in .....................................
the vessel described at paragraph (2) Provide the name, address, and
(a)(4)(ii)(B) of this section and telephone number of the person to
were notified by NMFS to submit an whom you leased the vessel during
EDR for selected years. the NMFS-selected years.
------------------------------------------------------------------------------
(D) You leased the vessel for a (1) Entire EDR for each year that
portion of the year to another party, BSAI crab was harvested.
but harvested some BSAI crab in the .....................................
vessel described at paragraph (2) Provide the name, address, and
(a)(4)(ii)(B) of this section and telephone number of the person to
were notified by NMFS to submit an whom you leased the vessel during
EDR for selected years. the NMFS-selected years.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder as described You harvested BSAI crab in the vessel Entire EDR for each year that BSAI
in paragraph (a)(1) of this described at paragraph (a)(4)(ii)(B) crab was harvested.
section of this section vessel and were
notified by NMFS to submit an EDR for
selected years.
----------------------------------------------------------------------------------------------------------------
(4) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit
the completed EDR certification pages only, and must attest that they
meet the conditions exempting them from submitting the EDR, by signing
and dating the certification pages (see paragraph (a)(3) of this
section).
(ii) The owner or leaseholder must submit the following information
on the certification pages:
(A) Calendar year of EDR. Calendar year for which the vessel is
selected;
(B) Catcher vessel information: Vessel name, company name, USCG
documentation number, ADF&G vessel registration number, Federal crab
vessel permit number, crab LLP license number(s), estimated market
value of vessel and equipment, and replacement value of vessel and
equipment.
(C) Owner information: Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person
completing this report is the owner or leaseholder;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here; and
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following
information on an EDR:
(i) Crab activity chart. Complete a crab activity chart by entering
the following information: CR fishery code (see Table 1 to this part),
ADF&G Fish ticket number(s), number of days at sea, average crew size,
and number of pots lost (if applicable).
(ii) Crab sales gross revenue. CR fishery code, pounds sold, and
gross revenue.
(iii) CDQ crab lease costs. CR fishery code, pounds leased, and
total cost of lease.
(iv) Crab harvesting labor costs. CR fishery code, number of crew
earning shares, total crew share payment, and captain's share payment.
(v) BSAI crab crew residence information. For each employee in the
calendar year being reported, record location of residence and number
of employees that reside in each location as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of
residence.
(vi) BSAI crab-specific vessel costs. For the fishing year being
reported, record insurance premiums (for hull, property and indemnity,
and pollution), insurance deductible fees, quantity and cost of pots
purchased, line, and other crab fishing gear purchases, pounds and cost
of bait by species, gallons and cost of fuel, cost of lubrication and
hydraulic fluids, cost of food and provisions for crew, other crew
costs, freight costs of supplies shipped to you for the vessel, freight
costs for landed crab, storage, observer costs, fish taxes, and other
crab-specific costs.
(vii) Vessel-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER ALL ACTIVITIES
column. The analyst will prorate this amount over all vessel
activities: improvements for vessel, gear and equipment; repair and
maintenance (R&M) expenses for vessel, gear and equipment; other vessel
overhead expenses; and other vessel-specific costs (specify).
(viii) Labor payment details. (A) Indicate whether the following
expenses were deducted (by circling 1) or not deducted (by circling 2)
from the total revenue before calculating the crew share: Fuel and
lubrication, food and
[[Page 63270]]
provisions, bait, fish tax, observer costs, CDQ fish, freight, gear
loss, and other (specify).
(B) Indicate percentage of the net share that was applied to boat
share and crew share (including captain).
(ix) Prorating information. Enter the totals for the vessel for the
calendar year in all fisheries for each of the following categories:
days at sea, revenue, pounds retained, and labor costs.
(b) Catcher vessel annual EDR--(1) Requirement. On or before May 1
of each year, beginning with Year 2005, any owner or leaseholder of a
catcher vessel that landed crab from a CR fishery must submit to the
DCA, at the address provided on the form, an EDR for annual data for
the previous year.
(2) Instructions. Instructions for submitting a catcher vessel
annual EDR and certification page are specified in the following table:
----------------------------------------------------------------------------------------------------------------
If you are ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The catcher vessel owner (A) You harvested BSAI crab in the Entire EDR
vessel described at paragraph
(b)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(B) No one harvested BSAI crab in the EDR certification pages
vessel described at paragraph
(b)(3)(ii)(B) of this section during
this year.
------------------------------------------------------------------------------
(C) You leased the vessel to another (1) EDR certification pages
party, and harvested no BSAI crab in .....................................
the vessel described at paragraph (2) Provide the name, address, and
(b)(3)(ii)(B) of this section during telephone number of the person to
this calendar year. whom you leased the vessel during
this calendar year.
------------------------------------------------------------------------------
(D) You leased the vessel for a (1) Entire EDR
portion of the year to another party, .....................................
but harvested some BSAI crab in the (2) Provide the name, address, and
vessel described at paragraph telephone number of the person to
(b)(3)(ii)(B) of this section during whom you leased the vessel during
this calendar year. this calendar year.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder You harvested BSAI crab in the vessel Entire EDR
described at paragraph (b)(3)(ii)(B)
of this section vessel during this
calendar year.
----------------------------------------------------------------------------------------------------------------
(3) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit
the completed EDR certification pages only, and must attest that they
meet the conditions exempting them from submitting the EDR, by signing
and dating the certification pages.
(ii) The owner or leaseholder must submit the following information
on the certification pages:
(A) Calendar year of EDR. Calendar year of reporting year;
(B) Catcher vessel information. Catcher vessel name, company name,
USCG documentation number, ADF&G vessel registration number, Federal
Crab Vessel Permit number, crab LLP license number(s), estimated market
value of vessel and equipment, and replacement value of vessel and
equipment;
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person
completing this report is the owner or leaseholder;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here; and
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) Season interval chart. Complete a season interval chart by
entering the following information: calendar year, season interval
number, CR fishery code(s) (see Table 1 to this part), ADF&G fish
ticket number, number of days at sea, average crew size, and number of
pots lost (if applicable).
(ii) Crab sales gross revenue. Season interval number, species
code, pounds sold, and gross revenue;
(iii) CDQ and IFQ crab leases. Season interval number, species
code, pounds leased, and total cost of leasing the quota;
(iv) Crab harvesting labor costs--(A) Standard crew payment
(shares) for non-IFQ crew and/or captains. Season interval
number, number of crew earning shares, crew share payment, and
captain's share payment;
(B) Payments to IFQ-holding crew and/or captains. Season
interval number, number of crew contributing IFQ shares, pounds of IFQ
contributed by crew, total payment to crew for IFQ and shares (for all
fish caught, and residual profit on their IFQ), pounds of IFQ
contributed by captain, and payment to captain for IFQ and shares (for
all fish caught, and residual profit on their IFQ);
(v) BSAI crab crew identification--(A) Employees with crew license.
Alaska Commercial Crew license number or the State of Alaska Commercial
Fisheries Entry Commission (CFEC) gear operator permit number, and
location of crew residence (city and state);
(B) Employees without crew license. Location of residence and the
number of employees that reside in each location as follows:
(1) If Alaska, enter primary city of residence;
[[Page 63271]]
(2) If state other than Alaska, enter primary state of residence;
or
(3) If country other than United States, enter primary country of
residence.
(vi) BSAI crab-specific vessel costs. Insurance premiums
(hull, property and indemnity, and pollution), insurance deductible
fees, pots purchased, line and other gear purchases, pounds and cost of
bait by species, gallons and cost of fuel, lubrication and hydraulic
fluids, food and provisions for crew, other crew costs, freight costs
of supplies shipped to you for the vessel, freight costs for landed
crab, storage, observer costs, fish taxes, other crab-specific
costs (specify), and fishing cooperative costs.
(vii) Vessel-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER ALL ACTIVITIES
column. The analyst will prorate this amount over all vessel
activities: improvements in vessel, gear, and equipment (city and state
where purchased); R&M for vessel gear, and equipment (city and state
where repairs were made); other vessel overhead expenses; and other
vessel-specific costs (specify).
(viii) Labor payment details. (A) Indicate whether the following
expenses were deducted from the total revenue before calculating the
crew share: Fuel and lubrication, food and provisions, bait, fish tax,
observer costs, CDQ fish, IFQ leases, freight, gear loss, and other
(specify);
(B) Indicate percentage of the net share that is applied to boat
share and crew share (including captain).
(ix) Prorating information. Enter the totals for the vessel, for
the calendar year in all fisheries for each of the following
categories: days at sea, revenue, pounds retained, and labor costs.
(c) Catcher/processor historical EDR--(1) Requirement. Any owner or
leaseholder of a catcher/processor that harvested or processed BSAI
crab in the calendar years 1998, 2001, or 2004 must submit to the DCA,
at the address provided on the form, an EDR for historical data for
each of the specified calendar years, if they:
(i) Qualified for or hold QS, PQS, IFQ, or IPQ under this program;
(ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are
participants at any time since January 23, 2004, in the BSAI crab
fisheries.
(2) Time limit. Any owner or leaseholder of the catcher/processor
described in paragraph (c)(4)(ii)(B) of this section must submit the
historical EDR to the DCA by [DATE 60 DAYS AFTER THE DATE OF
EFFECTIVENESS OF THE FINAL RULE]
at the address provided on the form.
(3) Instructions. Instructions for submitting a catcher/processor
historical EDR and certification page are specified in the following
table:
----------------------------------------------------------------------------------------------------------------
If you were ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The catcher/processor owner (A) You processed BSAI crab in the Entire EDR for each year that BSAI
described in paragraph (c)(1) of vessel described at paragraph crab was processed.
this section (c)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages for each year
vessel described at paragraph that no one processed BSAI crab.
(c)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(C) You leased your catcher/processor (1) EDR certification pages.
to another party, and processed no .....................................
BSAI crab in the vessel described at (2) Provide the name, address, and
paragraph (c)(4)(ii)(B) of this telephone number of the person to
section during 1998, 2001, or 2004. whom you leased the catcher/
processor during 1998, 2001, or
2004.
------------------------------------------------------------------------------
(D) You leased your catcher/processor (1) Entire EDR for each year that
for a portion of the year to another BSAI crab was processed.
party, but processed some BSAI crab .....................................
in the vessel described at paragraph (2) Provide the name, address, and
(c)(4)(ii)(B) of this section telephone number of the person to
during1998, 2001, or 2004. whom you leased the catcher/
processor during 1998, 2001, or
2004.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You processed BSAI crab in the vessel Entire EDR for each year that BSAI
paragraph (c)(1) of this section described at paragraph (c)(4)(ii)(B) crab was processed.
of this section during 1998, 2001, or
2004.
----------------------------------------------------------------------------------------------------------------
(4) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification page either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not
process BSAI crab in 1998, 2001, or 2004, he or she must submit the
completed EDR certification pages only, and must attest that he or she
meets the conditions exempting him or her from submitting the EDR, by
signing and dating the certification pages, for each year of 1998,
2001, or 2004 that this applies.
(ii) The owner or leaseholder must submit the following information
on the certification pages;
(A) Calendar year of EDR. Calendar year corresponding to 1998,
2001, or 2004;
(B) Catcher/processor information. Catcher/processor name, company
name, USCG documentation number, ADF&G processor code, Crab Processor
Permit number, crab LLP license number(s), estimated market value of
vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
[[Page 63272]]
(E) Person completing this report. (1) Indicate whether the person
completing this report is the owner or leaseholder;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here; and
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) BSAI crab activity chart. Complete a crab activity chart by
entering the following information: CR fishery code (see Table 1 to
this part); dates covered (beginning and ending day, month and year);
number of days at sea; number of crab processing days, and number of
pots lost (if applicable).
(ii) BSAI crab production. CR fishery code, raw crab pounds,
product code, process code, crab size, crab grade, box size, finished
pounds, and whether custom processed (yes or no).
(iii) Crab harvesting labor costs. CR fishery code, number of crew
earning shares, total crew share payment, and captain's share payment.
(iv) Crab processing labor costs. CR fishery code, number of crew
with pay determined by processing work, average number of crab
processing positions, and total processing labor payment.
(v) BSAI crab crew residence identification. For each employee in
the calendar year being reported, record location of residence and
number of employees that reside in each location as follows:
(A) If Alaska, enter primary city of residence;
(B) If state other than Alaska, enter primary state of residence;
(C) If country other than United States, enter primary country of
residence;
(vi) BSAI crab custom processing done for you. CR fishery code, raw
pounds supplied to custom processors, raw pounds purchased from custom
processors, product code, process code, crab size, crab grade, box
size, finished pounds, and processing fee.
(vii) Raw crab purchases from delivering vessels. CR fishery code,
crab size, crab grade, raw pounds purchased, and gross payment.
(viii) CDQ Crab Costs (leases). CR fishery code, pounds leased, and
total cost.
(ix) Annual BSAI crab sales. Record the following information on
crab sales to affiliated entities and to unaffiliated entities: species
code, product code, process code, crab size, crab grade, box size,
finished pounds, and gross revenue.
(x) BSAI crab-specific vessel costs. Insurance premiums
(hull, property and indemnify, and pollution); insurance deductible
fees; total of fisheries taxes which includes the Alaska fisheries
business tax, Alaska fisheries resource landing tax, SMAA taxes, and
other local sales tax on raw fish; pots purchased (quantity and cost);
line and other crab fishing gear purchases; bait (by each CR fishery
code, species, pounds and cost); fuel (by CR fishery code, gallons and
cost); lubrication and hydraulic fluids; food and provisions for crew;
other crew costs; processing and packaging materials, equipment and
supplies; re-packing costs, broker fees and promotions for BSAI
crab sales (by CR fishery code); observer costs (by CR fishery code);
freight costs for supplies to the vessel; freight and handling costs
for processed crab products from the vessel; product storage; waste
disposal; and other crab-specific costs (specify).
(xi) Vessel-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER ALL ACTIVITIES
column. The analyst will prorate this amount over all vessel
activities: improvements in vessel, gear, and equipment; R&M for vessel
gear, and equipment; number of employees and salaries for foremen,
managers, and other employees not included in direct labor costs; other
vessel overhead expenses; and other vessel-specific costs (specify).
(xii) BSAI crab custom processing performed for others. CR Fishery
code, product code, process code, whether OUR CRAB or THEIR CRAB, and
processing revenue.
(xiii) Prorating information. Enter the totals for the year for the
vessel in all fisheries for each of the following categories:
processing days, days at sea, revenue, pounds processed, pounds
retained, and labor costs.
(xiv) Labor payment details. (A) Indicate whether the following
expenses were deducted (by circling 1) or not deducted (by circling 2)
from the total revenue before calculating the crew share: Fuel and
lubrication, food and provisions, bait, fish tax, observer costs, CDQ
fish, freight, gear loss, and other (specify).
(B) Indicate percentage of the net share that was applied to boat
share and harvesting crew share (including captain).
(C) If processing workers were paid on a share system, indicate
percentage of the net share (if applicable) that was applied to
processing workers based on product value or net share.
(d) Catcher/processor annual EDR--(1) Requirement. On or before May
1 of each year, beginning with Year 2005, any owner or leaseholder of a
catcher/processor that landed or processed crab from a CR fishery must
submit to the DCA, at the address provided on the form, an EDR for
annual data for the previous year.
(2) Instructions. Instructions for submitting a catcher/processor
annual EDR and certification page are specified in the following table:
----------------------------------------------------------------------------------------------------------------
If you are ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The catcher/processor owner (A) You processed BSAI crab in the Entire EDR
vessel described at paragraph
(d)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages
vessel described at paragraph
(d)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(C) You leased all of your IPQ to (1) EDR certification pages
another party, and processed no BSAI .....................................
crab in the vessel described at (2) Provide the name, address, and
paragraph (d)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
------------------------------------------------------------------------------
[[Page 63273]]
(D) You leased portions of your IPQ to (1) Entire EDR
another party, but processed some .....................................
BSAI crab in the vessel described at (2) Provide the name, address, and
paragraph (d)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You processed BSAI crab in the vessel Entire EDR
paragraph (d)(1) of this section described at paragraph (d)(3)(ii)(B)
of this section during this calendar
year.
----------------------------------------------------------------------------------------------------------------
(3) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit
the completed EDR certification pages only, and must attest that they
meet the conditions exempting them from submitting the EDR, by signing
and dating the certification pages.
(ii) The owner or leaseholder must submit the following information
on the certification pages:
(A) Calendar year of EDR. Calendar year for the reporting year;
(B) Catcher/processor information. Catcher/processor name, company
name, USCG documentation number, ADF&G processor code, Crab Processor
Permit number, crab LLP license number(s), estimated market value of
vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Owner name, title, business telephone
number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person
completing this report is the owner or leaseholder;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here; and
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) Season interval chart. Complete a season interval chart by
entering the following information: Calendar year, season interval
number, CR fishery code (see Table 1 to this part), dates covered,
number of days at sea, number of crab processing days, and number of
pots lost (if applicable).
(ii) BSAI crab production. Season interval number, species code,
raw pounds, product code, process code, crab size, crab grade, box
size, finished pounds, and whether custom processed (Yes or No).
(iii) Harvesting labor costs. Record the following information for
crew if they harvest crab only, or harvest and process crab.
(A) Standard crew payment (shares) for non-IFQ contributing
crew and/or captains. Season interval number, number of crew earning
shares, crew share payment, and captain's share payment.
(B) Payments to IFQ-holding crew and/or captains. Season
interval number, number of crew contributing IFQ shares, pounds of IFQ
contributed by crew, total payment to crew for IFQ and shares, pounds
of IFQ contributed by captain, and payment to captain for IFQ and shares.
(iv) Crab processing labor costs. Season interval number, number of
crew with pay determined by processing work, average number of crab
processing positions, and total processing labor payment.
(v) BSAI crab crew identification--(A) Employees with crew license.
Alaska Commercial Crew license number or the CFEC gear operator permit
number, and location of crew residence (city and state).
(B) Employees without crew license. Location of residence and the
number of employees that reside in each location as follows:
(1) If Alaska, enter primary city of residence.
(2) If state other than Alaska, enter primary state of residence,
or
(3) If country other than United States, enter primary country of
residence.
(vi) BSAI crab custom processing done for you. Season interval
number, species code, raw pounds supplied to custom processors, raw
pounds purchased from custom processors, product code, process code,
crab size, crab grade, box size, finished pounds, and processing fee.
(vii) Raw crab purchases from delivering vessels. Season interval
number, species code, crab size, crab grade, raw pounds purchased, and
gross payment.
(viii) CDQ and IFQ crab costs (leases). For CDQ and IFQ leases
enter season interval number, species code, pounds leased, and total cost.
(ix) Annual BSAI crab sales. For affiliated entities and
unaffiliated entities enter species code, product code, process code,
crab size, crab grade, box size, finished pounds, and gross revenue.
(x) BSAI crab-specific vessel costs. Insurance premiums
(hull, property and indemnity, and pollution); insurance deductible
fees; total of fisheries taxes which include the Alaska fisheries
business tax, Alaska fisheries resource landing tax, SMAA taxes, and
other local sales tax on raw fish; pots purchased by city and state
(quantity and cost); line and other crab fishing gear purchases by
city, state, and cost; bait (by each season interval number by city and
state, species, pounds, and cost); fuel in gallons and cost by season
interval number, city and state; lubrication and hydraulic fluids by
city and state; food and provisions for crew; other crew costs;
processing and packaging materials, equipment and supplies by city and
state; re-packing costs; broker fees and promotions for BSAI
crab sales (by season interval number); observer costs (by season
interval number); freight costs for products to the vessel; freight and
handling costs for processed crab products from the vessel; product
storage; waste disposal; other crab-specific costs (specify), and
fishing cooperative costs.
(xi) Vessel-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER
[[Page 63274]]
ALL ACTIVITIES column. The analyst will prorate this amount over all
vessel activities: improvements for vessel, gear, and equipment (by
city and state); R&M for vessel, gear, and equipment (by city and
state); number of employees and salaries for foremen, managers and
other employees not included in direct labor costs; other vessel
overhead expenses; and other vessel-specific costs (specify).
(xii) BSAI crab custom processing performed for others. Season
interval number, species code, product code, process code, whether OUR
CRAB or THEIR CRAB, and processing revenue.
(xiii) Prorating information. Enter the totals for the year for the
vessel in all fisheries for each of the following categories:
processing days, days at sea, revenue, pounds processed, pounds
retained, and labor costs.
(xiv) Labor payment details. (A) Indicate whether the following
expenses were deducted (by circling 1) or not deducted (by circling 2)
from the total revenue before calculating the crew share: Fuel and
lubrication, food and provisions, bait, fish tax, observer costs, CDQ
fish, IFQ leases, freight, gear loss, and other (specify).
(B) Indicate percentage of the net share that is applied to boat
share and harvesting crew share (including captain).
(C) If processing workers are paid on a share system, indicate
percentage of the net share (if applicable) that is applied to
processing workers based on product value or net share.
(e) Stationary floating crab processor (SFCP) historical EDR--(1)
Requirement. Any owner or leaseholder of an SFCP that processed CR
fisheries crab in the calendar years 1998, 2001, or 2004 must submit to
the DCA, at the address provided on the form, an EDR for historical
data for each of the specified calendar years, if they:
(i) Qualified for or hold QS, PQS, IFQ, or IPQ under this program;
(ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are
participants at any time since January 23, 2004, in the BSAI crab fisheries.
(2) Time limit. Any owner or leaseholder of the SFCP described in
paragraph (e)(4)(ii)(B) of this section must submit the historical EDR
to the DCA by [DATE 60 DAYS AFTER THE DATE OF EFFECTIVENESS OF THE
FINAL RULE]
at the address provided on the form.
(3) Instructions. Instructions for submitting an SFCP historical
EDR and certification page are specified in the following table:
----------------------------------------------------------------------------------------------------------------
If you were ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The SFCP owner described in (A) You processed BSAI crab in the Entire EDR for each year that BSAI
paragraph (e)(1) of this section SFCP described at paragraph crab was processed.
(e)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages for each year
SFCP described at paragraph that no one processed BSAI crab.
(e)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(C) You leased your SFCP to another (1) EDR certification pages
party, and processed no BSAI crab in .....................................
the SFCP described at paragraph (2) Provide the name, address, and
(e)(4)(ii)(B) of this section during telephone number of the person to
1998, 2001, or 2004. whom you leased the SFCP during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(D) You leased your SFCP a portion of (1) Entire EDR for each year that
the time to another party, but BSAI crab was processed.
processed some BSAI crab in the SFCP .....................................
described at paragraph (e)(4)(ii)(B) (2) Provide the name, address, and
of this section during 1998, 2001, or telephone number of the person to
2004. whom you leased the SFCP during
1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You operated the SFCP described at Entire EDR for each year that BSAI
paragraph (e)(1) of this section paragraph (e)(4)(ii)(B) of this crab was processed.
section and processed some BSAI crab
during 1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------
(4) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not
process BSAI crab in 1998, 2001, or 2004, he or she must submit the
completed EDR certification pages only, and must attest that he or she
meets the conditions exempting him or her from submitting the EDR, by
signing and dating the certification pages, for each year of 1998,
2001, or 2004 that this applies.
(ii) The owner or leaseholder must submit the following information
on the certification pages:
(A) Calendar year of EDR. Calendar years corresponding to 1998,
2001, or 2004;
(B) SFCP information. SFCP name, company name, USCG documentation
number, ADF&G processor code, Crab Processor Permit number, crab LLP
license number(s), estimated market value of vessel and equipment, and
replacement value of vessel and equipment.
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative, who is an individual for responding to
questions on the EDR, and must ensure that the designated
representative complies with the regulations in this part. The
designated representative is the primary contact person for the DCA on
issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person
completing this report is the owner, leaseholder, or designated
representative;
(2) If the owner is the person completing this report, check the
correct
[[Page 63275]]
box. The information provided above does not need to be repeated here;
and
(3) Name of person, title, business telephone number, facsimile
number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) BSAI crab production. CR fishery code (see Table 1 to this
part); number of crab processing days, dates covered (beginning and
ending day, month, and year); raw pounds purchased, product code,
process code, crab size, crab grade, box size, finished pounds, and
whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number
of crab positions, total man-hours, and total labor payment.
(iii) BSAI Crab crew residence identification. Location of
residence and the number of employees that reside in each location as
follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of
residence.
(iv) BSAI crab custom processing done for you. CR fishery code, raw
pounds supplied to custom processors, raw pounds purchased from custom
processors, product code, process code, crab size, crab grade, box
size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code,
crab size, crab grade, raw pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. Record the following information on
crab sales to affiliated entities and to unaffiliated entities: species
code, product code, process code, crab size, crab grade, box size,
finished pounds, and gross revenue.
(vii) BSAI crab-specific vessel data. Total of fisheries
taxes which include the Alaska fisheries business tax, SMAA taxes, and
other local sales tax on raw fish; processing and packaging materials,
equipment, and supplies; food and provisions; other costs for direct
crab labor; insurance deductible fees; re-packing costs; broker
fees and promotions for BSAI crab sales (by CR fishery code); observer
costs (by CR fishery code); freight costs for supplies to the vessel;
freight and handling costs for processed crab products from the vessel;
product storage; waste disposal; and other crab-specific costs (specify).
(viii) Vessel-specific costs. Record the total for each category.
If the reported total expense should not be attributed solely to BSAI
crab operations, please place an ``X'' in the PRORATE OVER ALL
ACTIVITIES column. The analyst will prorate this amount over all vessel
activities: fuel, electricity, lubrication and hydraulic fluids;
improvements for vessel and equipment; R&M for vessel and equipment;
number of employees and salaries for foremen, managers and other
employees not included in direct labor costs; other vessel overhead
expenses; and other vessel-specific costs (specify).
(ix) BSAI crab custom processing performed for others. CR fishery
code, product code, process code, whether OUR CRAB or THEIR CRAB, and
processing revenue.
(x) Prorating information. Enter the totals for the calendar year
for the vessel in all fisheries for each of the following categories:
processing days, revenue, pounds processed, and processing labor costs.
(f) Stationary floating crab processor (SFCP) annual EDR--(1)
Requirement. On or before May 1 of each year, beginning with Year 2005,
any owner or leaseholder of an SFCP that processed crab from a CR
fishery must submit to the DCA, at the address provided on the form, an
EDR for annual data for the previous year.
(2) Instructions. Instructions for submitting an SFCP annual EDR
and certification page are specified in the following table:
----------------------------------------------------------------------------------------------------------------
If you are ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The SFCP owner (A) You processed BSAI crab in the Entire EDR
SFCP described at paragraph
(f)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages
SFCP described at paragraph
(f)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(C) You leased all of your IPQ to (1) EDR certification pages
another party and processed no BSAI .....................................
crab in the SFCP described at (2) Provide the name, address, and
paragraph (f)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
------------------------------------------------------------------------------
(D) You leased a portion of your IPQ (1) Entire EDR
to another party, but processed some .....................................
BSAI crab in the SFCP described at (2) Provide the name, address, and
paragraph (f)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You operated the SFCP described at Entire EDR
paragraph (f)(1) of this section paragraph (f)(3)(ii)(B) of this
section and processed some BSAI crab
during this calendar year.
----------------------------------------------------------------------------------------------------------------
(3) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit
the completed EDR certification pages only, and must attest that they
meet the conditions exempting them from submitting the EDR, by signing
and dating the certification pages (see paragraph (e)(2) of this section).
(ii) The owner or leaseholder must submit the following information
on the certification pages:
[[Page 63276]]
(A) Calendar year of EDR. Calendar year of the reporting year;
(B) SFCP information. SFCP name, company name, USCG documentation
number, ADF&G processor code, Crab Processor Permit number, crab LLP
license number(s), estimated market value of vessel and equipment, and
replacement value of vessel and equipment.
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person
completing this report is the owner, leaseholder, or designated
representative;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here; and
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) Season interval chart. Complete a season interval chart by
entering the following information: season interval number, number of
crab processing days, dates covered (beginning and ending day, month,
and year), species code, raw pounds, product code, process code, crab
size, crab grade, box size, finished pounds, and whether custom
processed (Yes or No).
(ii) Crab processing labor costs. Season interval number, average
number of crab processing positions, total man-hours, and total
processing labor payment.
(iii) BSAI Crab crew residence identification. Location of
residence and the number of employees that reside in each location as
follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of
residence.
(iv) BSAI crab custom processing done for you. Season interval
number, species code, raw pounds supplied to custom processors, raw
pounds purchased from custom processors, product code, process code,
crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. Season interval
number, species code, crab size, crab grade, raw pounds purchased, and
gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and
unaffiliated entities enter species code, product code, process code,
crab size, crab grade, box size, finished pounds, and gross revenue.
(vii) BSAI crab-specific vessel costs. Total of fisheries
taxes which includes the Alaska fisheries business tax, SMAA taxes, and
other local sales tax on raw fish; processing and packaging materials,
equipment and supplies by city and state; food and provisions; other
costs for direct crab labor; insurance deductible fees;
re-packing costs; broker fees and promotions for BSAI crab sales
(by season interval number); observer costs (by season interval
number); freight costs for supplies to the vessel; freight and handling
costs for processed crab products from the vessel; product storage;
waste disposal; and other crab-specific costs (specify).
(viii) Vessel-specific costs. Record the total for each category.
If the reported total expense should not be attributed solely to BSAI
crab operations, please place an ``X'' in the PRORATE OVER ALL
ACTIVITIES column. The analyst will prorate this amount over all vessel
activities: fuel, electricity, lubrication and hydraulic fluids;
improvements in vessel, gear and equipment (by city and state); R&M for
vessel, gear and equipment (by city and state); number of employees and
salaries for foremen, managers and other employees not included in
direct labor costs; other vessel overhead expenses; and other
vessel-specific costs (specify).
(ix) BSAI crab custom processing performed for others. Season
interval number, species code, product code, process code, whether OUR
CRAB or THEIR CRAB, and processing revenue.
(x) Prorating information. Enter the totals for the year for the
vessel in all fisheries for each of the following categories:
processing days, revenue, pounds processed, and processing labor costs.
(g) Shoreside processor historical EDR--(1) Requirement. Any owner
or leaseholder of a shoreside processor who processed CR fisheries crab
in the calendar years 1998, 2001, or 2004 must submit to the DCA, at
the address provided on the form, an EDR for historical data for each
of the specified calendar years, if they:
(i) Qualified for or hold QS, PQS, IFQ, or IPQ under this Program;
(ii) Did not qualify for and receive QS,PQS, IFQ, or IPQ, but are
participants at any time since January 23, 2004, in the BSAI crab
fisheries.
(2) Time limit. Any owner or leaseholder of the shoreside processor
described in paragraph (g)(4)(ii)(B) of this section must submit the
historical EDR to the DCA by [DATE 60 DAYS AFTER THE DATE OF
EFFECTIVENESS OF THE FINAL RULE]
at the address provided on the form.
(3) Instructions. Instructions for submitting a shoreside processor
historical EDR and certification page are specified in the following table:
----------------------------------------------------------------------------------------------------------------
If you were ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The shoreside processor owner (A) You processed BSAI crab in the Entire EDR for each year that BSAI
described in paragraph (g)(1) of plant described at paragraph crab was processed
this section (g)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages for each year
plant described at paragraph that no one processed BSAI crab.
(g)(4)(ii)(B) of this section during
1998, 2001, or 2004.
------------------------------------------------------------------------------
(C) You leased your shoreside (1) EDR certification pages
processor to another party, and .....................................
processed no BSAI crab in the plant (2) Provide the name, address, and
described at paragraph (g)(4)(ii)(B) telephone number of the person to
of this section during 1998, 2001, or whom you leased the shoreside
2004. processor during 1998, 2001, or
2004.
------------------------------------------------------------------------------
[[Page 63277]]
(D) You leased your shoreside (1) Entire EDR for each year that
processor for a portion of the time BSAI crab was processed.
to another party, but processed some .....................................
BSAI crab in the plant described at (2) Provide the name, address, and
paragraph (g)(4)(ii)(B) of this telephone number of the person to
section during 1998, 2001, or 2004. whom you leased the shoreside
processor during 1998, 2001, or
2004.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You operated the plant described at Entire EDR for each year that BSAI
paragraph (g)(1) of this section paragraph (g)(4)(ii)(B) of this crab was processed
section and processed some BSAI crab
during 1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------
(4) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not
process BSAI crab in 1998, 2001, or 2004, he or she must submit the
completed EDR certification pages only, and must attest that he or she
meets the conditions exempting him or her from submitting the EDR, by
signing and dating the certification pages for each year of 1998, 2001,
or 2004 that this applies;
(ii) Required information. The owner or leaseholder must submit the
following information on the certification pages:
(A) Calendar year of EDR. Calendar years corresponding to 1998,
2001, or 2004;
(B) Shoreside processor information. Shoreside processor name,
company name, crab processor permit number, ADF&G processor code,
physical location of land-based plant (street address, city,
state, zip code), borough assessed value of plant and equipment, year
assessed, and estimated value of plant and equipment;
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person
completing this report is the owner, leaseholder, or designated
representative;
(2) If the owner is the person completing the report, check the
correct box. The information provided above does not need to be
repeated here.
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) BSAI crab production. CR fishery code (see Table 1 to this
part); number of crab processing days, dates covered (beginning and
ending day, month, and year); raw pounds purchased, product code,
process code, crab size, crab grade, box size, finished pounds, and
whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number
of crab processing positions, total man-hours, and total
processing labor payment.
(iii) BSAI Crab crew residence identification. Location of
residence and the number of employees that reside in each location as
follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of
residence.
(iv) BSAI crab custom processing done for you. CR fishery code, raw
pounds supplied to custom processors, raw pounds purchased from custom
processors, product code, process code, crab size, crab grade, box
size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code,
crab size, crab grade, raw pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and
unaffiliated entities enter species code, product code, process code,
crab size, crab grade, box size, finished pounds, and gross revenue.
(vii) BSAI crab-specific plant costs. Total fisheries taxes
which include the Alaska fisheries business tax, SMAA taxes, and other
local sales tax on raw fish; processing and packaging materials,
equipment and supplies; food and provisions; other costs for direct
crab labor; insurance deductible fees; re-packing costs, broker
fees and promotions for BSAI crab sales by CR fishery code; observer
costs by CR fishery code; freight costs for supplies to the plant;
freight and handling costs for processed crab products from the plant;
product storage; water, sewer, and waste disposal; and other crab
specific costs (specify).
(viii) Plant-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER ALL ACTIVITIES
column. The analyst will prorate this amount over all vessel
activities.: fuel, electricity, lubrication, and hydraulic fluids;
improvements in plant, and equipment; R&M for existing plant and
equipment; number of employees and salaries for foremen, managers and
other employees not included in direct labor costs; other plant
overhead expenses; and other plant-specific costs (specify).
(ix) BSAI crab custom processing done for others. CR fishery code,
product code, process code, whether OUR CRAB or THEIR CRAB, and
processing revenue.
(x) Prorating information. Enter the totals for this plant, for the
year in all fisheries for each of the following categories: processing
days, revenue, pounds processed, and processing labor costs.
(h) Shoreside processor annual EDR--(1) Requirement. On or before
May 1 of each year, beginning with Year 2005, any owner or leaseholder
of a shoreside processor that processed crab from a CR fishery must
submit to the DCA, at the address provided on the form, an EDR for
annual data for the previous year.
(2) Instructions. Instructions for submitting a shoreside processor
annual EDR and certification page are specified in the following table:
[[Page 63278]]
----------------------------------------------------------------------------------------------------------------
If you are ... And ... You must complete and submit ...
----------------------------------------------------------------------------------------------------------------
(i) The shoreside processor owner (A) You processed BSAI crab in the Entire EDR
plant described at paragraph
(h)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(B) No one processed BSAI crab in the EDR certification pages
plant described at paragraph
(h)(3)(ii)(B) of this section during
this calendar year.
------------------------------------------------------------------------------
(C) You leased all of your IPQ to (1) EDR certification pages
another party, and processed no BSAI .....................................
crab in the plant described at (2) Provide the name, address, and
paragraph (h)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
------------------------------------------------------------------------------
(D) You leased portions of your IPQ to (1) Entire EDR
another party, but processed some .....................................
BSAI crab in the plant described at (2) Provide the name, address, and
paragraph (h)(3)(ii)(B) of this telephone number of the person to
section during this calendar year. whom you leased the IPQ during this
calendar year.
----------------------------------------------------------------------------------------------------------------
(ii) The leaseholder described in You operated the plant described at Entire EDR
paragraph (h)(1) of this section paragraph (h)(3)(ii)(B) of this
section and processed some BSAI crab
during this calendar year.
----------------------------------------------------------------------------------------------------------------
(3) EDR certification pages. (i) The owner or leaseholder must
submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit
the completed EDR certification pages as part of the entire EDR and
must attest to the accuracy and completion of the EDR by signing and
dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit
the completed EDR certification pages only, and must attest that they
meet the conditions exempting them from submitting the EDR, by signing
and dating the certification pages.
(ii) The owner or leaseholder must submit the following information
on the certification pages:
(A) Calendar year of EDR. Calendar year for the reporting year;
(B) Shoreside processor information. Shoreside processor name,
company name, crab processor permit number, ADF&G processor code,
physical location of land-based plant (street address, city,
state, zip code), borough assessed value of plant and equipment,
estimated value of plant and equipment, and year assessed.
(C) Owner information. Owner name, title, and business telephone
number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint
a designated representative who is an individual for responding to
questions on the EDR and must ensure that the designated representative
complies with the regulations in this part. The designated
representative is the primary contact person for the DCA on issues
relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person
completing this report is the owner, leaseholder, or designated
representative;
(2) If the owner is the person completing this report, check the
correct box. The information provided above does not need to be
repeated here.
(3) Name of person, title, and business telephone number, facsimile
number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following
information on an EDR.
(i) Season interval chart. Complete a season interval chart by
entering the following information: season interval number, number of
crab processing days, dates covered (beginning and ending day, month,
and year), species code, raw pounds, product code, process code, crab
size, crab grade, box size, finished pounds, and whether custom
processed (Yes or No).
(ii) Crab processing labor costs. Season interval number, average
number of crab processing positions, total man-hours, and total
processing labor payment.
(iii) BSAI Crab crew residence identification. Location of
residence and the number of employees that reside in each location as
follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of
residence.
(iv) BSAI crab custom processing done for you. Season interval
number, species code, raw pounds supplied to custom processors, raw
pounds purchased from custom processors, product code, process code,
crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. Season interval
number, species code, crab size, crab grade, raw pounds purchased, and
gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and
unaffiliated entities enter species code, product code, process code,
crab size, crab grade, box size, finished pounds, and gross revenue.
(vii) BSAI crab-specific plant costs. Total of fisheries
taxes which include the Alaska fisheries business tax, SMAA taxes, and
other local sales tax on raw fish; processing and packaging materials,
equipment and supplies by city and state; food and provisions; other
costs for direct crab labor; insurance deductible fees;
re-packing costs; broker fees and promotions for BSAI crab sales
by season interval number; observer costs by season interval number;
freight costs for supplies to the plant; freight and handling costs for
processed crab products from the plant; product storage; water, sewer,
and waste disposal; and other crab specific costs (specify).
(viii) Plant-specific costs. Record the total for each category. If
the reported total expense should not be attributed solely to BSAI crab
operations, please place an ``X'' in the PRORATE OVER ALL ACTIVITIES
column. The analyst will prorate this amount over all vessel
activities: fuel, electricity, lubrication,
[[Page 63279]]
and hydraulic fluids; improvements in plant, and equipment by city and
state; R&M for existing plant and equipment by city and state; number
of employees and salaries for foremen, managers and other employees not
included in direct labor costs; other plant overhead expenses; and
other plant-specific costs (specify).
(ix) BSAI crab custom processing performed for others. Season
interval number, species code, product code, process code, whether OUR
CRAB or THEIR CRAB, and processing revenue.
(x) Prorating information. Enter the totals for the year for this
plant in all fisheries for each of the following categories: processing
days, revenue, pounds processed, and processing labor costs.
(i) Verification of data. (1) The DCA shall conduct verification of
information with the owner or leaseholder.
(2) The owner or leaseholder must respond to inquiries by the DCA
within 15 days of the date of issuance of the inquiry.
(3) The owner or leaseholder must provide copies of additional data
to facilitate verification by the DCA. The DCA auditor may review and
request copies of additional data provided by the owner or leaseholder,
including but not limited to: previously audited or reviewed financial
statements, worksheets, tax returns, invoices, receipts, and other
original documents substantiating the data.
(j) The DCA is authorized to request voluntary submission of
economic data specified herein from persons who are not required to
submit an EDR under this paragraph (j).
Sec. 680.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to do any of the
following:
(a) Receiving and processing CR crab. (1) Process any CR crab that
has not been weighed by an RCR on a scale approved by the State in
which the RCR is located and that meets the requirements described in
Sec. 680.23(f); or onboard a catcher/processor on a scale approved by
NMFS as described in Sec. 680.23(e).
(2) Receive CR crab harvested under an IFQ permit in any region
other than the region for which the IFQ permit is designated.
(3) Use IPQ on board a vessel outside of the territorial sea or
internal waters of the State of Alaska.
(4) Use IPQ in any region other than the region for which the IPQ
is designated.
(5) Receive any crab harvested under a Class A IFQ permit in excess
of the total amount of unused IPQ held by the RCR.
(6) Receive crab harvested under a Class B IFQ permit on a vessel
if that vessel was used to harvest and process any crab in that crab QS
fishery during the same crab fishing year.
(7) Receive PQS or IPQ by transfer if you hold Class B IFQ.
(b) Landing CR crab. (1) Remove retained and unprocessed CR crab
from a vessel at any location other than to an RCR operating under an
approved catch monitoring plan as described in Sec. 680.23(g).
(2) Remove any CR crab processed at sea from any vessel before
completing a landing report, as defined at Sec. 680.5(f), for all such
CR crab onboard.
(3) Resume fishing for CR crab or take CR crab on board a vessel
once a landing has commenced and until all CR crab are landed.
(4) Fail to remove all processed crab harvested under a CPO or a
CPC IFQ permit to an onshore location within the United States,
accessible by road or regularly scheduled air service, and to weigh
that crab product on a scale approved by the State in which the crab is
weighed.
(5) Fail to remain at a landing site when IFQ crab is being landed
and until such time as the landing report for that landing is complete.
(6) Make an IFQ crab landing except by an individual who holds
either an IFQ crab permit or a Crab IFQ Hired Master Permit issued
under Sec. 680.4 in his or her name.
(7) Fish for or land BSAI crab without the original Federal Crab
Vessel Permit issued to a vessel on board that vessel.
(8) Make an IFQ crab landing without the following on board: a copy
of the IFQ crab permit to be debited for the landing; and, if
applicable, a copy of the Crab IFQ Hired Master Permit issued under
Sec. 680.4 in the name of the person making the landing.
(9) For a Crab IFQ Hired Master to make an IFQ crab landing on any
vessel other than the vessel named on the Crab IFQ Hired Master Permit.
(c) Harvest crab. (1) Harvest any BSAI crab with any vessel not
named on a valid Federal Crab Vessel Permit.
(2) Harvest IFQ crab with any vessel that does not use functioning
VMS equipment as required by Sec. 680.23.
(3) Harvest on any vessel more IFQ crab than are authorized under
Sec. 680.42.
(4) Harvest crab under a CVC or a CPC IFQ permit unless the person
named on the IFQ permit is on board that vessel.
(5) Harvest crab under a CPO or CPC permit unless all scales used
to weigh crab, or used by an observer for sampling crab, have passed an
inseason scale test according to Sec. 680.23(e)(1).
(d) Recordkeeping and reporting. (1) Fail to submit information on
any report, application, or statement required under this part.
(2) Submit false information on any report, application, or
statement required under this part.
(e) Permits. (1) Retain IFQ crab without a valid crab IFQ permit
for that fishery on board the vessel.
(2) Retain IFQ crab on a vessel in excess of the total amount of
unharvested crab IFQ, for a crab QS fishery that is currently held by
all crab IFQ permit holders or Crab IFQ Hired Masters aboard the
vessel.
(3) Receive Class B IFQ by transfer if a person holds PQS or IPQ.
(4) Receive Class B IFQ by transfer if you are affiliated with a
person who holds PQS or IPQ.
(f) Use IPQ as collateral or otherwise leverage IPQ to acquire an
ownership interest in Class B IFQ.
(g) Possess, buy, sell, or transport any crab harvested or landed
in violation of any provision of this part.
(h) Violate any other provision under this part.
(i) Conduct any fishing contrary to notification of inseason action
closure, or adjustment issued under Sec. 680.22.
Sec. 680.8 Facilitation of enforcement.
See Sec. 600.730 of this chapter.
Sec. 680.9 Penalties.
(a) Any person committing, or a fishing vessel used in the
commission of, a violation of the Magnuson-Stevens Act, or any
regulation issued under the Magnuson-Stevens Act, is subject to
the civil and criminal penalty provisions, permit sanctions, and civil
forfeiture provisions of the Magnuson-Stevens Act, to part 600
of this chapter, to 15 CFR part 904 (Civil Procedures), and to other
applicable law. Penalties include but are not limited to permanent or
temporary sanctions to PQS, QS, IPQ, IFQ, or RCR permits.
(b) In the event a holder of any IPQ is found by a court of
competent jurisdiction, either in an original action in that court or
in a proceeding to enforce or review the findings or orders of any
Government agency having jurisdiction under the antitrust laws, to have
violated any of the provisions of antitrust laws in the conduct of the
licensed activity, the Secretary of Commerce may revoke all or a
portion of such IPQ. The antitrust laws of the United States include,
but are not limited to, the following Acts:
(1) The Sherman Act, 15 U.S.C. 1-7;
[[Page 63280]]
(2) The Wilson Tariff Act, 15 U.S.C. 8-11;
(3) The Clayton Act, 15 U.S.C. 12-27; and
(4) The Federal Trade Commission Act, 15 U.S.C. 12 and 45(a).
Subpart B--Management Measures
Sec. 680.20 Arbitration System.
(a) Applicability--(1) Arbitration System. All CVO and CVC QS, PQS,
Arbitration IFQ, Class A IFQ holders, and IPQ holders must enter the
contracts as prescribed in this section that establish the Arbitration
System. Certain parts of the Arbitration System are voluntary for some
parties, as specified in this section. All contract provisions will be
enforced by parties to those contracts.
(2) Open negotiation. At any time prior to the first crab fishing
season for that crab fishing year for that crab QS fishery, any holder
of uncommitted IFQ may negotiate with any holder of uncommitted IPQ,
the price and delivery terms for that season or for future seasons for
any uncommitted IFQ and IPQ. QS holders, uncommitted IFQ holders and
PQS or IPQ holders may freely contact each other and initiate open
negotiations.
(b) Eligibility for Arbitration System--(1) Arbitration
Organization. The following persons are the only persons eligible to
join an Arbitration Organization:
(i) Holders of CVO and CVC QS,
(ii) Holders of PQS,
(iii) Holders of Arbitration IFQ,
(iv) Holders of Class A IFQ affiliated with a PQS or IPQ holder,
and
(v) Holders of IPQ.
(2) Persons Eligible to Use Negotiation and Binding Arbitration
Procedures. The following persons are the only persons eligible to
enter contracts with a Contract Arbitrator to use the negotiation and
Binding Arbitration procedures described in paragraph (h) of this
section to resolve price and delivery disputes or negotiate remaining
contract terms not previously agreed to by IFQ and IPQ holders under
other negotiation approaches:
(i) Holders of Arbitration IFQ; and
(ii) Holders of IPQ.
(3) Persons Ineligible to Use Negotiation and Binding Arbitration
Procedures. Holders of IFQ or QS that are affiliated with holders of
PQS or IPQ are ineligible to enter contracts with a Contract Arbitrator
to use the negotiation and Binding Arbitration procedures described in
paragraph (h) of this section to resolve price and delivery disputes or
negotiate remaining contract terms not previously agreed to by IFQ and
IPQ holders under other negotiation approaches.
(c) Preseason requirements for joining an Arbitration Organization.
All holders of CVO and CVC QS, PQS, Arbitration IFQ, Class A IFQ, and
IPQ must join and maintain a membership in an Arbitration Organization
as specified in paragraph (d) of this section. All holders of QS, PQS,
CVO or CVC IFQ, or IPQ must join an Arbitration Organization at the
following times:
(1) For QS holders and PQS holders except as provided for in
paragraph (c)(3) of this section, not later than May 1 of each year for
the crab fishing year that begins on July 1 of that year.
(2) For IFQ holders and IPQ holders, not later than 15 days after
the issuance of IFQ and IPQ for that crab QS fishery.
(3) During 2005, QS and PQS holders must join an Arbitration
Organization as described in paragraph (d) of this section not later
than July 1, 2005.
(d) Formation process for an Arbitration Organization. (1)
Arbitration Organizations must be formed to select and contract a
Market Analyst, Formula Arbitrator, Contract Arbitrator(s), and
establish the Arbitration System, including the payment of costs of
arbitration, described in this section for each crab QS fishery. All
persons defined in paragraph (b)(1) of this section must join an
Arbitration Organization.
(i) Arbitration QS/IFQ Arbitration Organization. Holders of
Arbitration QS and Arbitration IFQ must join an Arbitration QS/IFQ
Arbitration Organization. This Arbitration Organization may not have
members who are not holders of Arbitration QS or Arbitration IFQ.
Arbitration QS holders and Arbitration IFQ holders may join separate
Arbitration QS/IFQ Arbitration Organizations. The mechanism for forming
an Arbitration Organization is determined by the members of the
organization.
(ii) PQS/IPQ Arbitration Organization. Holders of PQS or IPQ must
join a PQS/IPQ Arbitration Organization. This Arbitration Organization
may not have members who are not holders of PQS or IPQ. PQS holders and
IPQ holders may join separate PQS/IPQ Arbitration Organizations. The
mechanism for forming an Arbitration Organization is determined by the
members of the organization.
(iii) Affiliated QS/IFQ Arbitration Organization. Holders of CVO QS
or Class A IFQ affiliated with a PQS or IPQ holder must join an
Affiliated QS/IFQ Arbitration Organization. This Arbitration
Organization may not have members who are not holders of QS or IFQ
affiliated with a PQS or IPQ holder. CVO QS holders and Class A IFQ
holders may join separate Affiliated QS/IFQ Arbitration Organizations.
The mechanism for forming an Arbitration Organization is determined by
the members of the organization.
(iv) No person may be a member of more than one Arbitration
Organization for a crab QS fishery during a crab fishing year.
(2) Each Arbitration Organization must submit a complete Annual
Arbitration Organization report to NMFS. A complete report must include:
(i) A copy of the business license of the Arbitration Organization;
(ii) A statement identifying the members of the organization and
the amount of Arbitration QS and Arbitration IFQ,
Non-Arbitration QS and Non-Arbitration IFQ, or PQS and
IPQ held by each member and represented by that Arbitration
Organization;
(iii) QS, PQS, IFQ, and IPQ ownership information on the members of
the organization;
(iv) Management organization information, including:
(A) The bylaws of the Arbitration Organization;
(B) A list of key personnel of the management organization
including, but not limited to, the board of directors, officers,
representatives, and any managers;
(v) The name of the Arbitration Organization, permanent business
mailing addresses, name of contact persons and additional contact
information of the managing personnel for the Arbitration Organization,
resumes of management personnel; and
(vi) A copy of all minutes of any meeting held by the Arbitration
Organization or any members of the Arbitration Organization.
(3) An Arbitration Organization, with members who are QS or PQS
holders, must submit a complete Annual Arbitration Organization Report
to NMFS by electronic mail to the Regional Administrator, National
Marine Fisheries Service, or by mail addressed to the Regional
Administrator, National Marine Fisheries Service, Post Office Box
21668, Juneau, Alaska 99802 by:
(i) June 15, 2005 for the crab fishing year beginning on July 1, 2005.
(ii) May 1 of each subsequent year for the crab fishing year
beginning on July 1 of that year.
(4) An Arbitration Organization, with members who are IFQ or IPQ
holders, must submit a complete Annual Arbitration Organization Report
to NMFS by electronic mail to the Regional Administrator, National Marine
[[Page 63281]]
Fisheries Service, or by mail addressed to the Regional Administrator,
National Marine Fisheries Service, Post Office Box 21668, Juneau,
Alaska 99802 by not later than 15 days after the issuance of IFQ and
IPQ for that crab QS fishery.
(e) Role of Arbitration Organization(s) and annual requirements.
(1) The members of each Arbitration Organization must enter into a
contract that specifies the terms and conditions of participation in
the organization.
(i) The contract with members of an Arbitration QS/IFQ Arbitration
Organization, or a PQS/IPQ Arbitration Organization shall include the
terms, conditions, and provisions specified in paragraph (e)(2) of this
section.
(ii) The contract with members of an Affiliated QS/IFQ Arbitration
Organization shall include the terms, conditions, and provisions in
paragraph (e)(3) of this section.
(2) Provisions for Arbitration QS/IFQ Arbitration Organizations,
and PQS/IPQ Arbitration Organizations--(i) Selection of Market Analyst,
Formula Arbitrator, and Contract Arbitrator(s). A provision authorizing
the Arbitration Organization to act on behalf of its members in the
selection of and contracting with the Market Analyst, Formula
Arbitrator, and Contract Arbitrator(s) under paragraph (e)(4) of this
section.
(ii) Agreement to participate in the arbitration process. A
provision authorizing the Arbitration Organization to require its
members to use the Lengthy Season Approach, Share Matching Approach,
and Binding Arbitration defined under paragraph (h) of this section.
(iii) Confidentiality of information. A provision that a member
that is a party to a Binding Arbitration proceeding shall sign a
confidentiality agreement with the party with whom it is arbitrating
stating they will not disclose at any time to any person any
information received from the Contract Arbitrator or any other party in
the course of the arbitration. That confidentiality agreement shall
specify the potential sanctions for violating the agreement.
(iv) Provision of information to members. A provision requiring the
Arbitration Organization to provide to its members:
(A) A copy of the contracts for the Market Analyst, Formula
Arbitrator, and Contract Arbitrator for each fishery in which the
member participates;
(B) A provision that requires the Arbitration Organization to
deliver the Market Report and the Non-Binding Price Formula for
each fishery in which the member participates within 5 days of its
release.
(v) Information release. (A) A provision requiring that the
Arbitration Organization deliver to NMFS any data, information, and
documents generated pursuant to this section.
(B) In the case of a PQS/IPQ Arbitration Organization(s),
(1) A provision that requires the Arbitration Organization to
provide for the delivery of the names of and contact information for
its members who hold uncommitted IPQ, and to identify the regional
designations and amounts of such uncommitted IPQ, to any persons that
hold uncommitted Arbitration IFQ and prohibits the disclosure of any
information received under this provision to any person except those
holders of uncommitted Arbitration IFQ. The provision will require that
information concerning uncommitted IPQ be updated within 24 hours of a
change of any such information, including any commitment of IPQ, and
that information be provided to those persons that hold uncommitted
Arbitration IFQ. This provision may include a mechanism to provide
information to uncommitted Arbitration IFQ holders through a secure
website, or through other electronic means;
(2) A provision that requires the Arbitration Organization to
arrange for the delivery to all holders of uncommitted Arbitration IFQ
the terms of a decision of a Contract Arbitrator in a Binding
Arbitration proceeding involving a member that holds uncommitted IPQ
within 24 hours of notice of that decision. This provision may include
a mechanism to provide information to uncommitted Arbitration IFQ
holders through a secure website, or through other electronic means;
and
(3) A provision that requires the holders of uncommitted IPQ to
provide information concerning such uncommitted IPQ as necessary for
the Arbitration Organization to comply with this paragraph and
prohibits the disclosure of any such information by a member to any
person, except as directed therein.
(vi) Costs. A provision that authorizes the Arbitration
Organization to enter into a contract with all other arbitration
organizations for the payment of the costs of arbitration as specified
under this section.
(A) Payment of costs for arbitration. (1) The arbitration
organizations must establish a contract that requires the payment of
all costs of the Market Analyst, Formula Arbitrator, and Contract
Arbitrator(s), dissemination of information concerning uncommitted IPQ
to holders of uncommitted Arbitration IFQ, and the costs of such
persons associated with lengthy season approach, share matching
approach, Binding Arbitration, quality and performance disputes, to be
shared equally by all IPQ holders and Arbitration IFQ holders and Class
A IFQ holders.
(2) These costs shall be shared based on the amount of IPQ or IFQ
held by each person.
(3) These costs shall be divided so that the IPQ holders pay 50
percent of the costs and the Arbitration IFQ and Class A IFQ holders
pay 50 percent of the costs.
(4) PQS holders shall advance all costs and shall collect the
contribution of Class A IFQ holders at landing subject to terms
mutually agreed by the arbitration organizations.
(vii) Negotiation methods. A provision that prohibits the
Arbitration Organization from engaging in any contract negotiations on
behalf of its members, except for those necessary to hire the Market
Analyst, Formula Arbitrator, and Contract Arbitrator(s).
(viii) Transfer of QS, PQS, IFQ, or IPQ. A provision under which
members of the Arbitration Organization agree that any transfer of QS,
PQS, IFQ or IPQ shall be conditioned on the purchaser of such
Arbitration QS, PQS, Arbitration IFQ, or Non-Arbitration Class A
IFQ, or IPQ being a member of an Arbitration Organization that
satisfies all of the applicable requirements of this section and such
purchase being subject to all of provisions of the Arbitration System
that apply to the holder of the transferred QS, PQS, IFQ, or IPQ.
(ix) Enforcement of the contract. Violations of the contract shall
be enforced under civil law.
(3) Provisions applying to Affiliated QS/IFQ Arbitration
Organizations. The provisions that allow for the provision of
information to members, payment of costs, limits on the transfer of QS,
PQS, IFQ, and IPQ, and enforcement of the contract as described under
paragraphs (e)(iv), (vi),(viii), and (ix) will apply to the contract
among members of an Affiliated QS/IFQ Arbitration Organization(s).
(4) Process for selecting of Market Analyst, Formula Arbitrator,
and Contract Arbitrator(s). (i) For each crab fishing year, QS holders
who are members of Arbitration QS/IFQ Arbitration Organization(s) and
PQS holders who are members of PQS/IPQ Arbitration Organization(s), by
mutual agreement, will select one Market Analyst, one Formula
Arbitrator, and Contract Arbitrator(s) for each crab QS fishery. The
number of Contract Arbitrators selected for each fishery will be
subject to the mutual agreement of those arbitration organizations. The
[[Page 63282]]
selection of the Market Analyst and the Formula Arbitrator must occur
in time to ensure the Market Report and non-binding price
formula are produced within the time line established in paragraph
(e)(4)(ii).
(ii) The arbitration organizations representing Arbitration QS
holders or PQS holders in a crab fishery shall establish by mutual
agreement the contractual obligations of the Market Analyst, Formula
Arbitrator, and Contract Arbitrator(s) for each fishery, which shall
provide that the Market Report and Non-Binding Price Formula are
produced not later than 50 days prior to the first crab fishing season
for that crab QS fishery in that crab fishing year except as provided
in paragraph (e)(6) of this section. The contractual obligations of the
Market Analyst, the Formula Arbitrator and Contract Arbitrators will be
enforced by the parties to the contract.
(iii) The same person may be chosen for the positions of Market
Analyst and Formula Arbitrator for a fishery.
(iv) A person selected to be a Contract Arbitrator may not be the
Market Analyst or Formula Arbitrator, and shall not be in the employ or
otherwise associated with the Market Analyst or Formula Arbitrator, for
that fishery.
(5) Notification to NMFS. Not later than June 1 for that crab
fishing year, except as provided in paragraph (e)(6) of this section,
the arbitration organizations representing the holders of Arbitration
QS and PQS in each fishery shall notify NMFS of the persons selected as
the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for
the fishery by electronic mail addressed to the Regional Administrator,
National Marine Fisheries Service, or by mail addressed to the Regional
Administrator, National Marine Fisheries Service, Post Office Box
21668, Juneau, Alaska 99802. The arbitration organizations shall
include a list of arbitration organizations that mutually agreed to the
selection of the Market Analyst, Formula Arbitrator, and Contract
Arbitrator(s) and signatures of representatives of those arbitration
organizations and a copy of the contract with Market Analyst, the
Formula Arbitrator, and each Contract Arbitrator. The notification must
include a curriculum vitae and other relevant biographical material for
each of these individuals.
(6) First-year implementation. During 2005:
(i) Selection of and establishment of the contractual obligations
of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s)
as required under this section shall occur not later than July 30,
2005; and
(ii) The Market Report and Non-Binding Price Formula shall
be produced not later than 25 days prior to the first crab fishing
season for that crab QS fishery in that crab fishing year as required
under this section.
(f) Roles and standards for the Market Analyst and process for
producing the Market Report. (1) For each crab QS fishery, the
Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ
Arbitration Organizations shall establish a contract with the Market
Analyst to produce a Market Report for the fishery. The terms of this
contract must specify that the Market Analyst must produce a Market
Report that shall provide an analysis of the market for products of
that fishery.
(2) The contract with the Market Analyst must specify that:
(i) The Market Analyst shall base the Market Report:
(A) On a survey of the market for crab products produced by the
fishery.
(B) Information provided by the IPQ and IFQ holders regarding
market conditions and expectations.
(iii) To the extent IPQ and IFQ holders provide information
requested by the Market Analyst, they must provide such information
directly to the Market Analyst and not to any other IPQ holder or IFQ
holder, except that IFQ holders that are members of any single crab
harvesting cooperative may share such information with other members of
the same crab harvesting cooperative who are authorized to participate
in the arbitration system.
(iv) The Market Analyst:
(A) May meet with IFQ holders who are members of any single crab
harvesting cooperative collectively;
(B) Shall meet with IPQ holders individually
(C) Shall meet with distinct crab harvesting cooperatives
individually;
(D) Shall meet with IFQ holders who are not members of the same
crab harvesting cooperatives individually.
(v) The information provided to the Market Analyst by IPQ and IFQ
holders must be historical information based on activities occurring
more than three months prior to the generation of the Market Report.
(vi) The Market Analyst shall keep confidential the identity of the
source of any particular information contained in the report. The
Market Analyst may note generally the sources from which it gathered
information. The report shall:
(A) Include only data that is based on information regarding
activities occurring more than three months prior to the generation of
the Market Report;
(B) Include only statistics for which there are at least five
providers reporting data upon which each statistic is based and for
which no single provider's data represents more than 25 percent of a
weighted basis of that statistic; and
(C) Sufficiently aggregate any information disseminated in the
report such that it would not identify specific price information by an
individual provider of information.
(vii) The Market Report shall consider the following factors:
(A) Current ex-vessel prices, including ex-vessel
prices received for crab harvested under Class A, Class B, and CVC IFQ
permits;
(B) Consumer and wholesale product prices for the processing sector
and the participants in the arbitration (recognizing the impact of
sales to affiliates on wholesale pricing);
(C) Innovations and developments of the harvesting and processing
sectors and the participants in the arbitration (including new product
forms);
(D) Efficiency and productivity of the harvesting and processing
sectors (recognizing the limitations on efficiency and productivity
arising out of the management program structure);
(E) Quality (including quality standards of markets served by the
fishery and recognizing the influence of harvest strategies on the
quality of landings);
(F) The interest of maintaining financially healthy and stable
harvesting and processing sectors;
(G) Safety and expenditures for ensuring adequate safety;
(H) Timing and location of deliveries; and
(I) The cost of harvesting and processing less than the full IFQ or
IPQ allocation (underages) to avoid penalties for overharvesting IFQ
and a mechanism for reasonably accounting for deadloss.
(viii) There shall only be one annual Market Report for each
fishery.
(ix) The Market Analyst shall not issue interim or supplemental
reports for each fishery;
(3) The Market Analyst shall not disclose any information to any
person not required under this section.
(4) The contract with the Market Analyst must specify that the
Market Analyst will provide the Market Report not later than 50 days
prior to the first crab fishing season for that crab QS fishery in that
crab fishing year to:
(i) Each Arbitration Organization in that fishery;
(ii) NMFS by electronic mail to the Regional Administrator,
National Marine Fisheries Service, or addressed to the Regional
Administrator, National Marine Fisheries Service, Post Office Box
21668, Juneau, Alaska 99802.
[[Page 63283]]
(iii) The Formula Arbitrator and any Contract Arbitrator(s) for the
fishery.
(g) Roles and standards for the Formula Arbitrator. (1) For each
crab QS fishery, the Arbitration QS/IFQ Arbitration Organizations and
the PQS/IPQ Arbitration Organizations shall establish a contract with
the Formula Arbitrator to develop a Non-Binding Price Formula.
(2) The contract with the Formula Arbitrator must specify that:
(i) The Formula Arbitrator will conduct a single annual
fleet-wide analysis of arbitrations to establish a
Non-Binding Price Formula under which a fraction of the weighted
average first wholesale prices for crab products from the fishery may
be used to set an ex vessel price.
(ii) The Non-Binding Price Formula shall:
(A) Be based on the historical distribution of first wholesale
revenues between fishermen and processors in the aggregate based on
arm's length first wholesale prices and ex vessel prices, taking into
consideration the size of the harvest in each year; and
(B) Establish a price that preserves the historical division of
revenues in the fishery while considering the following:
(1) Current ex-vessel prices, including ex-vessel
prices received for crab harvested under Class A, Class B, and CVC IFQ
permits;
(2) Consumer and wholesale product prices for the processing sector
and the participants in arbitrations (recognizing the impact of sales
to affiliates on wholesale pricing);
(3) Innovations and developments of the harvesting and processing
sectors and the participants in arbitrations (including new product
forms);
(4) Efficiency and productivity of the harvesting and processing
sectors (recognizing the limitations on efficiency and productivity
arising out of the management program structure);
(5) Quality (including quality standards of markets served by the
fishery and recognizing the influence of harvest strategies on the
quality of landings);
(6) The interest of maintaining financially healthy and stable
harvesting and processing sectors;
(7) Safety and expenditures for ensuring adequate safety;
(8) Timing and location of deliveries; and
(9) The cost of harvesting and processing less than the full IFQ or
IPQ allocation (underages) to avoid penalties for overharvesting IFQ
and a mechanism for reasonably accounting for deadloss.
(C) Include identification of various relevant factors such as
product form, delivery time, and delivery location.
(D) Consider the ``highest arbitrated price'' for the fishery from
the previous crab fishing season, where the ``highest arbitrated
pricemeans the highest arbitrated price for arbitrations of
IPQ and Arbitration IFQ which represent a minimum of at least 7 percent
of the IPQ resulting from the PQS in that fishery. For purposes of this
process, the Formula Arbitrator may aggregate up to three arbitration
findings to collectively equal a minimum of 7 percent of the IPQ. When
arbitration findings are aggregated with 2 or more entities, the lesser
of the arbitrated prices of the arbitrated entities included to attain
the 7 percent minimum be considered for the highest arbitrated price.
(iii) The Non-Binding Price Formula may rely on any relevant
information available to the Formula Arbitrator, including, but not
limited to,
(A) Information provided by the QS, PQS, IPQ and IFQ holders in the
fishery; and
(B) The Market Report for the fishery.
(iv) The Formula Arbitrator:
(A) May meet with IFQ holders who are members of any single crab
harvesting cooperative collectively;
(B) Shall meet with IPQ holders individually
(C) Shall meet with distinct crab harvesting cooperatives
individually;
(D) Shall meet with IFQ holders who are not members of the same
crab harvesting cooperatives individually.
(v) The Formula Arbitrator may request any relevant information
from QS, PQS, IPQ, and IFQ holders in the fishery, but the Formula
Arbitrator shall not have subpoena power.
(vi) May obtain information from persons other than QS, PQS, IPQ,
and IFQ holders in the fishery, if those persons agree to provide such
data. Any information that is provided must be based on activities
occurring more than three months prior to the date of submission to the
Formula Arbitrator;
(vii) Shall keep confidential the information that is not publicly
available and not disclose the identity of the persons providing
specific information; and
(viii) The contract with the Formula Arbitrator must specify that
the Formula Arbitrator will provide the non-binding price
formula not later than 50 days prior to the first crab fishing season
for that crab QS fishery in that crab fishing year to:
(A) Each Arbitration Organization in that fishery;
(B) NMFS by electronic mail to the Regional Administrator, National
Marine Fisheries Service, or addressed to the Regional Administrator,
National Marine Fisheries Service, Post Office Box 21668, Juneau,
Alaska 99802.
(C) The Market Analyst and all Contract Arbitrators in the fishery.
(ix) The Formula Arbitrator shall not disclose any information to
any person not required under this section, except as permitted by
paragraph (j) of this section.
(h) Roles and standards for the Contract Arbitrator(s). (1) For
each crab QS fishery, the Arbitration QS/IFQ Arbitration Organizations
and PQS/IPQ Arbitration Organizations shall establish a contract with
all Contract Arbitrators in that fishery that specifies that each
Contract Arbitrator may be selected to resolve a dispute concerning the
terms of delivery, price, or other factors in the fishery.
(2) Selection of Contract Arbitrators. The contract with the
Contract Arbitrator shall specify the means by which the Contract
Arbitrator will be selected to resolve specific disputes. This contract
must specify that for any dispute for which the Contract Arbitrator is
selected, that the Contract Arbitrator will comply with the last best
offer arbitration method as set forth in this section.
(3) Negotiation and Binding Arbitration Procedure. The contract
with the Contract Arbitrator(s) shall specify the following approaches
for negotiation and Binding Arbitration among members of the
Arbitration Organizations:
(i) Restrictions on collective negotiation. An IFQ and IPQ holder
may negotiate individually. Groups of IFQ holders may negotiate
collectively with an IPQ holder only under the following provisions:
(A) Members of a crab harvesting cooperative may participate
collectively with other members of the same crab harvesting cooperative
in Binding Arbitration except as otherwise provided under this section.
(B) Members of different crab harvesting cooperatives shall not
participate collectively.
(C) IPQ holders shall not participate collectively. Only one IPQ
holder can enter into Binding Arbitration with any IFQ holder or IFQ
holder(s).
(D) An Arbitration Organization cannot negotiate on behalf of a
member. This shall not prohibit the members of an Arbitration IFQ
Arbitration Organization from negotiation as a crab harvesting
cooperative under the FCMA.
(ii) Open negotiations. At any time prior to the date of the first
crab fishing seas on a crab fishing year for that crab QS fishery, any
holder of Arbitration QS or uncommitted IFQ may negotiate with any
holder of PQS or uncommitted IPQ,
[[Page 63284]]
the price and delivery terms for that season for any uncommitted IFQ
and IPQ.
(A) Arbitration QS or Arbitration IFQ holders and PQS or IPQ
holders may freely contact each other and initiate open negotiations;
(B) If Arbitration QS or Arbitration IFQ holders and PQS or IPQ
holders do not reach an agreement on price, delivery terms, or other
terms, a party to the contract may initiate Binding Arbitration in
accordance with the procedures specified in this section in order to
resolve disputes in those price, delivery terms, or other terms.
(iii) Lengthy season approach. (A) Prior to the date of the first
crab fishing season for that crab QS fishery in that crab fishing year
an IPQ holder and one or more holders of Arbitration IFQ may choose to
adopt a Lengthy Season approach.
(B) A Lengthy Season approach allows an IPQ holder and an
Arbitration IFQ holder to agree to postpone negotiation of specific
contract terms until a time during the crab fishing year as agreed upon
by the Arbitration IFQ holder and IPQ holder participating in the
negotiation. The Lengthy Season approach allows the Arbitration IFQ
holders and IPQ holder involved in the negotiation to postpone Binding
Arbitration, if necessary, until a time during the crab fishing year.
If the parties ready a final agreement on the contract terms, Binding
Arbitration is not necessary.
(C) If an IPQ holder and one or more Arbitration IFQ holder(s) are
unable to reach an agreement on whether to adopt a Lengthy Season
approach, they may agree to request a Binding Arbitration or mediation
to assist the parties in determining whether to adopt a Lengthy Season
approach. The parties may request a Contract Arbitrator to act as a
mediator. If the mediation proves unsuccessful, the parties enter
Binding Arbitration to determine whether to adopt a lengthy season
approach.
(1) Binding Arbitration may begin immediately with the same
Contract Arbitrator.
(2) If the Contract Arbitrator serves as a mediator in an
unsuccessful mediation, either party may request another Contract
Arbitrator for the Binding Arbitration.
(iv) Share Matching. (A) At any time after the issuance of IFQ and
IPQ for a crab QS fishery but not earlier than 25 days prior to the
first crab fishing season for a crab QS fishery in the crab fishing
year, holders of uncommitted Arbitration IFQ may choose to commit the
delivery of harvests of crab to be made with that uncommitted
Arbitration IFQ to a holder of uncommitted IPQ.
(B) To commit Arbitration IFQ, the holder of uncommitted IFQ must
offer an amount of Arbitration IFQ not less than 50 percent of the
Arbitration IFQ holder's total uncommitted Arbitration IFQ.
(C) Any holder of uncommitted IPQ must accept all proposed
Arbitration IFQ commitments, up to the amount of its uncommitted IPQ.
The commitment of IPQ will take place on receipt of notice from the
holder of uncommitted Arbitration IFQ of the intention to commit that
IFQ.
(D) After matching, an Arbitration IFQ holder and an IPQ holder may
either decide to enter Binding Arbitration or, with the consent of both
the Arbitration IFQ holder and IPQ holder, enter mediation to reach
agreement on contract terms. The Arbitration IFQ holder and IPQ holder
may request a Contract Arbitrator to act as a mediator to facilitate an
agreement.
(1) If the mediation proves unsuccessful, Binding Arbitration may
begin immediately with the same Contract Arbitrator.
(2) If the Contract Arbitrator serves as a mediator in an
unsuccessful mediation, either party may request another Contract
Arbitrator for the Binding Arbitration.
(v) Initiation of Binding Arbitration. Except for the Lengthy
Season approach, at any point more than 15 days prior to the date of
the first crab fishing season for a crab QS fishery an Arbitration IFQ
holder or IPQ holder may initiate a Binding Arbitration. Binding
Arbitration is initiated after the Arbitration IFQ holder notifies an
IPQ holder and the Contract Arbitrator(s), or the IPQ holder has
notified the Arbitration IFQ holder and the Contract Arbitrator(s).
Binding Arbitration may be initiated to resolve price, terms of
delivery, and other disputes arising from:
(A) Open Negotiation among Arbitration IFQ holders and IPQ holders;
(B) Lengthy Season Approach;
(C) Share Matching; or
(D) Performance Disputes.
(vi) Joining a Binding Arbitration Proceeding. Any Arbitration IFQ
holder may join a Binding Arbitration proceeding as a party by
providing notice to the IPQ holder and the Contract Arbitrator(s).
(vii) Arbitration Schedule Meeting. The Contract Arbitrator shall
meet with all parties to a Binding Arbitration proceeding as soon as
possible once a Binding Arbitration proceeding has been initiated for
the sole purpose of establishing a schedule for the Binding
Arbitration. This schedule shall include the date by which the IPQ
holder and Arbitration IFQ holder(s) must submit their last best offer
and any supporting materials, and any additional meetings or mediation
if agreed to by all parties. This meeting will discuss the schedule of
the Binding Arbitration proceedings and not address terms of last best
offers.
(viii) Terms of Last Best Offers. The Contract Arbitrator will meet
with the parties to the Binding Arbitration proceeding to determine the
matters that must be included in the last best offer, which may include
a fixed price or a price over a time period specified by the parties, a
method for adjusting prices over a crab fishing year, or an advance
price paid at the time of delivery.
(ix) Submission of Last Best Offers. The parties to a Binding
Arbitration proceeding shall each submit to the Contract Arbitrator(s)
a last best offer defining all the terms specified for inclusion in a
last best offer by the Contract Arbitrator. An Arbitration IFQ holder
that is a crab harvesting cooperative may submit a last best offer that
defines terms for the delivery of crab harvested by members of that
crab harvesting cooperative with IFQ held by the cooperative. An
Arbitration IFQ holder that is not a crab harvesting cooperative may
submit a last best offer that defines the term of delivery of crab
harvested with IFQ held by that person. The IPQ holder that is a party
to the proceeding shall submit a single offer that defines terms for
delivery of crab harvested with all IFQ that are subject to the
proceedings.
(x) Arbitration Decisions. The Contract Arbitrator(s) shall decide
among each offer received from an Arbitration IFQ holder and the offer
received from the IPQ holder. Each arbitration decision shall result in
a binding contract between the IPQ holder and theArbitration IFQ holder
defined by the terms of the offer selected by Contract Arbitrator(s).
(xi) Announcement of Decisions. (A) If last best offers are
submitted at least 15 days before the first crab fishing season for
that crab fishing year for that crab QS fishery, arbitration decisions
shall be issued no later than 10 days before the first crab fishing
season for that crab fishing year for that crab QS fishery. Otherwise,
the Contract Arbitrator will notify the parties of the arbitration
decision within 5 days of the parties submitting their last best
offers.
(B) The Contract Arbitrator will notify the parties by providing
each Arbitration IFQ holder and IPQ holder that is a party to the
Binding Arbitration proceeding, a copy of any decision. The
[[Page 63285]]
decision is binding on the parties to the Binding Arbitration
proceeding.
(4) Basis for the Arbitration Decision. The contract with the
Contract Arbitrator shall specify that the Contract Arbitrator will be
subject to the following provisions when deciding which last best offer
to select:
(i) The Contract Arbitrator's decision shall:
(A) Be based on the historical distribution of first wholesale
revenues between fishermen and processors in the aggregate based on
arm's length first wholesale prices and ex vessel prices, taking into
consideration the size of the harvest in each year; and
(B) Establish a price that preserves the historical division of
revenues in the fishery while considering the following:
(1) Current ex-vessel prices, including ex-vessel
prices received for crab harvested under Class A, Class B, and CVC IFQ
permits;
(2) Consumer and wholesale product prices for the processing sector
and the participants in the arbitration (recognizing the impact of
sales to affiliates on wholesale pricing);
(3) Innovations and developments of the harvesting and processing
sectors and the participants in the arbitration (including new product
forms);
(4) Efficiency and productivity of the harvesting and processing
sectors (recognizing the limitations on efficiency and productivity
arising out of the management program structure);
(5) Quality (including quality standards of markets served by the
fishery and recognizing the influence of harvest strategies on the
quality of landings);
(6) The interest of maintaining financially healthy and stable
harvesting and processing sectors;
(7) Safety and expenditures for ensuring adequate safety;
(8) Timing and location of deliveries; and
(9) The cost of harvesting and processing less than the full IFQ or
IPQ allocation (underages) to avoid penalties for overharvesting IFQ
and a mechanism for reasonably accounting for deadloss.
(C) Consider the Non-Binding Price Formula established in
the fishery by the Formula Arbitrator.
(ii) The Contract Arbitrator's decision may rely on any relevant
information available to the Contract Arbitrator, including, but not
limited to:
(A) Information provided by the QS, PQS, IPQ and IFQ holders in the
fishery regarding the factors identified in paragraph (h)(4)(i) of this
section; and
(B) The Market Report for the fishery.
(iii) Each of the Arbitration IFQ holder and the IPQ holder that
are party to the proceeding may provide the Contract Arbitrator with
additional information to support its last best offer. The Contract
Arbitrator must receive and consider all data submitted by the parties.
(iv) The Contract Arbitrator may request specific information from
the Arbitration IFQ holder(s) and IPQ holder that would be useful in
reaching a final decision. The Contract Arbitrator will not have
subpoena power and it is in the sole discretion of the person from whom
information is requested as to whether to provide the requested
information.
(5) Limits on the Release of Data. The parties to a Binding
Arbitration proceeding shall be precluded from full access to the
information provided to the Contract Arbitrator.
(i) Arbitration IFQ holders that are party to an arbitration
proceeding shall have access only to information provided directly by
the IPQ holder to the Contract Arbitrator for that Binding Arbitration
proceeding.
(ii) IPQ holders that are party to an arbitration proceeding shall
have access only to information provided directly by an Arbitration IFQ
holder to the Contract Arbitrator for that Binding Arbitration
proceeding.
(iii) The Contract Arbitrator shall keep confidential the
information provided by any QS, PQS, IFQ, or IPQ holders in the fishery
and not disclose the identity of the persons providing specific
information except as provided in paragraph (h)(6) of this section.
(6) Information Provided to NMFS. The contract with the Contract
Arbitrator must specify that the Contract Arbitrator provide NMFS with:
(i) A copy of any minutes from any meeting attended by that
Contract Arbitrator between or among any PQS or IPQ holders concerning
any negotiations under this section.
(ii) Any last-best offers made during the Binding
Arbitration process, including all contract details, the names of other
participants in the arbitration, and whether the bid was accepted by
the Contract Arbitrator; and
(iii) A copy of any information, data, or documents given by the
Contract Arbitrator to any person who is not a party to the particular
arbitration for which that information was provided. The Contract
Arbitrator must identify the arbitration to which those information,
data, or documents apply, and the person to whom those information,
data, or documents were provided.
(iv) The Contract Arbitrator must provide any information,
documents, or data required under this paragraph to NMFS via mail to
the Administrator, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668, or electronically not later than 30 days prior to
the end of the crab fishing year for which the open negotiation or
arbitration applied.
(7) Enforcement of Binding Arbitration decisions. The decision of
the Contract Arbitrator for Binding Arbitration shall be enforced among
the parties to that arbitration.
(8) Failure of Contract Arbitrator(s). Except as provided for in
paragraph (h)(6)(v) of this section, the failure of a Contract
Arbitrator to perform shall be enforced by the Arbitration
Organizations.
(9) Availability of Terms and Conditions of an Arbitration
Decision. Each party to an Arbitration must make the terms and
conditions of an arbitration decision available to that party's
Arbitration Organization in order for the Arbitration Organization to
make such information available to uncommitted Arbitration IFQ holders
that may wish to opt-in to those terms as described in paragraph
(h)(10) of this section within 5 days of receiving the request for that
information.
(10) Post Binding Arbitration opt-in. (i) An Arbitration IFQ
holder with uncommitted IFQ, may opt-in to any contract that
results from a completed a Binding Arbitration procedure with any IPQ
holder that has uncommitted IPQ.
(A) All the terms from the arbitrated contract will apply.
(B) Once exercised, the opt-in results in a contract that is
binding on both the Arbitration IFQ and IPQ holder.
(ii) To initiate the opt-in process, the holder of
uncommitted Arbitration IFQ will notify the holder of uncommitted IPQ
in writing of its intent to opt-in.
(iii) Holders of uncommitted Arbitration IFQ may opt-in to a
contract resulting from a completed Binding Arbitration procedure with
a person that holds uncommitted IPQ for that fishery.
(iv) If the IPQ holder and the Arbitration IFQ holder are unable to
resolve a dispute regarding whether the opt-in offer is
consistent with the original contract from the completed Binding
Arbitration procedure, the dispute may be decided by the Contract
Arbitrator to the original arbitration that resulted in the contract to
which the Arbitration IFQ holder is seeking to opt-in. The
Contract Arbitrator will decide only whether the proposed opt-in
terms are consistent with the original contract.
(11) Performance disputes. If an IPQ holder and an Arbitration IFQ
holder are unable to resolve disputes regarding the obligations to
perform specific
[[Page 63286]]
contract provisions after substantial negotiations or when time is of
the essence, the issues of that dispute shall be submitted for Binding
Arbitration before a Contract Arbitrator for that fishery.
(i) Binding Arbitration resulting from a performance dispute can
occur at any point during or after the crab fishing year. The dispute
must be raised by the IPQ holder or the Arbitration IFQ holder.
Arbitration of that performance dispute must be initiated prior to the
date of the first crab fishing season for the following crab fishing
year in that crab QS fishery.
(ii) Performance dispute arbitration shall follow the same
procedures described for a Binding Arbitration in paragraph (h) of this
section.
(iii) If the arbitration proves unsuccessful or a party fails to
abide by the arbitration decision, a party may pursue available
contract remedies.
(iv) The costs of arbitrating performance disputes shall be
provided from the general fees collected by the arbitration
organizations pursuant to paragraph (h) of this section.
(v) The Contract Arbitrator may assign fees to any party bringing
frivolous complaints. Any such fees shall be paid by the party and not
from the fees collected under paragraph (e)(2)(vi) of this section.
(12) Quality disputes. When disputes regarding the quality of the
harvested crab arise within the context of an existing contract, the
parties may settle the disputes within the context of the arbitration
system according to the following:
(i) In cases where the IPQ holder and Arbitration IFQ holder(s)
have agreed to a formula-based price for crab but where they
cannot reach an agreement on the quality and price of the crab, the IPQ
holder and Arbitration IFQ holder(s) will receive their share of the
value of the amount of crab delivered based on the provisions of the
contract.
(ii) In quality disputes where the Arbitration IFQ holders prefer
to use actual ex-vessel price and not a formula-based
price and a dispute arises regarding crab quality and price, the
dispute should be referred to a mutually agreeable independent quality
specialist firm. This independent quality specialist firm will
determine the price to be paid to the IPQ holder and IFQ holder(s). The
IPQ holder and Arbitration IFQ holder(s) with this quality dispute
shall share the cost of hiring the specialist firm and agree to abide
by its findings according to the terms of their agreement.
Sec. 680.21 Crab fishery cooperatives.
This section governs the formation and operation of crab harvesting
cooperatives. A crab harvesting cooperative is a group of crab QS
holders who have chosen to form a cooperative under the 1934
Fisherman's Collective Marketing Act (15 U.S.C. 521) in order to
combine and collectively manage their crab IFQ through a crab
cooperative IFQ permit issued by NMFS.
(a) Types of cooperatives governed under this section. The
regulations in this section apply only to crab harvesting cooperatives
that have formed for the purpose of applying for and of fishing under a
crab cooperative IFQ fishing permit issued by NMFS.
(b) Membership requirements. A crab harvesting cooperative is
limited to QS holders who hold any amount of CPO, CVO, CPC, or CVC and
who, NMFS has determined, are eligible to receive IFQ.
(1) Minimum number of members. Each crab harvesting cooperative
must include at least four unique QS holding entities. A unique QS
holding entity is a QS holder or group of affiliated QS holders that
are not affiliated with any other QS holders or QS holding entities in
the cooperative. For the purpose of this paragraph, the term
``affiliation'' is defined at Sec. 680.2.
(2) Voluntary nature of membership. Membership in a crab harvesting
cooperative is voluntary. No person may be required to join a crab
harvesting cooperative, and no crab harvesting cooperative may be
required to accept a member who the cooperative chooses not to accept.
(3) Limitations on membership in a crab harvesting cooperative. A
QS holder who also holds PQS or IPQ, is affiliated with a person who
holds PQS or IPQ, processes Class B IFQ, or is affiliated with a person
that processes Class B IFQ is prohibited from joining a crab harvesting
cooperative.
(4) Membership is all or nothing. Upon joining a cooperative, each
QS holder must allow all of his or her QS holdings to be used by the
cooperative for conversion to cooperative IFQ.
(5) Membership in more than one cooperative prohibited. A QS holder
may not hold simultaneous memberships in more than one crab harvesting
cooperative.
(c) Legal and organizational requirements for crab harvesting
cooperatives. A crab harvesting cooperative must meet the following
legal and organization requirements before it is eligible to apply for
a cooperative IFQ permit:
(1) Registered business entity. Each crab harvesting cooperative
must be formed as a partnership, corporation, or other legal business
entity that is registered under the laws of one of the 50 states or the
District of Columbia.
(2) Fisherman's Collective Marketing Act of 1934. Each crab
harvesting cooperative must be formed in accordance with the
requirements of the Fisherman's Collective Marketing Act of 1934 (15
U.S.C. 521).
(3) Appointment of a designated representative. Each crab
harvesting cooperative must appoint a designated representative to act
on the cooperative's behalf and serve as contact point for NMFS for
questions regarding the operation of the cooperative. The designated
representative may be a member of the cooperative or some other
individual authorized by the cooperative to act on its behalf.
(d) Application for annual crab harvesting cooperative IFQ permits.
A crab harvesting cooperative IFQ permit is an annual permit issued to
a cooperative that establishes an annual catch limit of crab that is
based on the collective QS holdings of the members of the cooperative.
A crab harvesting cooperative IFQ permit will list the IFQ amount held
by the cooperative and identify the members of the cooperative. Each
cooperative will be issued a separate IFQ permit for each type of QS
held by a member (or members) of the cooperative.
(1) June 30 application deadline. Each crab harvesting cooperative
annually must submit to and be received by NMFS by June 30, a completed
application for annual crab harvesting cooperative IFQ permit, together
with the signed annual application for crab IFQ/IPQ permit forms of all
the members of the cooperative.
(2) Contents of application for annual crab harvesting cooperative
IFQ permit. A completed application must contain the following
information:
(i) Cooperative identification. (A) The cooperative's legal name;
(B) Type of business entity under which the cooperative is organized;
(C) State in which the cooperative is legally registered as a
business entity;
(D) Name of the cooperative's designated representative;
(E) Permanent business address, telephone number, facsimile number,
and e-mail address (if available) for the cooperative or its
designated representative;
(F) Signature of the cooperative's designated representative and
the date signed.
(ii) Members of the cooperative. Full name and NMFS Person ID
number of each member of the cooperative. Attach the completed and
signed Annual
[[Page 63287]]
Application for Crab IFQ/IPQ Permit for all members of the cooperative;
(iii) Affiliation declaration. Indicate (YES or NO) whether any
member of the cooperative is affiliated with an entity that holds IPQ
or PQS, or that processes IFQ crab (other than a catcher/processor that
processes only its own catch). If YES, your cooperative is not eligible
to receive a cooperative IFQ permit.
(iv) Additional documentation. In order to file a complete
application, attach the following documents to this application:
(A) A copy of the business license issued by the state in which the
cooperative is registered as a business entity;
(B) A copy of the articles of incorporation or partnership
agreement of the cooperative; and
(C) A copy of the cooperative agreement signed by the members of
the cooperative (if different from paragraph (d)(3)(iii)(B) of this section).
(4) Issuance of cooperative IFQ permits. Upon receipt of a
completed Application for an Annual Crab Harvesting Cooperative IFQ
Permit that is subsequently approved, NMFS will issue one-year
crab harvesting cooperative IFQ permits to the cooperative. The crab
harvesting cooperative IFQ permits will list the crab IFQ amounts that
are generated by the aggregate QS holdings of all members of the
cooperative for each fishery, region, sector, and A/B share categories
except that all CVC and CPC QS held by the members of a cooperative
will be converted to CVO and CPO IFQ, respectively.
(5) Appeals. A cooperative or person who is adversely affected by
an initial administrative determination (IAD) that is associated with
the issuance of a crab cooperative IFQ permit may appeal the IAD using
the appeals procedures described in Sec. 679.43.
(e) Restrictions on fishing under a crab cooperative IFQ permit.
The following restrictions govern the fishing for IFQ crab under a crab
cooperative IFQ permit:
(1) Maintenance of permit on board. A copy of a crab cooperative
IFQ permit must be maintained on board any vessel that is being used to
harvest crab under the permit.
(2) Persons eligible to harvest crab under a cooperative IFQ
permit. Only the following persons are eligible to harvest crab under a
cooperative IFQ permit:
(i) Cooperative members. Members of the cooperative to whom the IFQ
permit is issued.
(ii) Hired masters. Hired masters operating a vessel in which at
least a 10 percent ownership share is held by a member of the
cooperative to whom the IFQ permit is issued. Cooperatives wishing to
employ a hired master must apply for and receive a Crab IFQ Hired
Master Permit using the procedures described in Sec. 680.4(f).
(3) Liability. Each member of a cooperative is responsible for
ensuring that members of the cooperative and Crab IFQ hired masters of
the cooperative comply with all regulations applicable to fishing for
CR crab.
(f) Transfers by members of a cooperative. The following
requirements address transfers of QS, IFQ, PQS, and IPQ by members of a
cooperative.
(1) Transfer of QS by members of a cooperative. A member of a
cooperative may buy or sell QS at any time using the transfer
procedures described in Sec. 680.41. However, transfers of QS that
occur after the June 30 deadline for cooperative IFQ permit
applications will not be reflected in the type or amount of IFQ permit
issued to the cooperative for the subsequent fishing season.
(2) Transfer of individually held IFQ by members of a cooperative.
A member of a cooperative may buy or sell individually held IFQ using
the transfer procedures described in Sec. 680.41. However a member of
a cooperative who holds any amount of IFQ loses the vessel use cap
exemption for any vessel used to fish any amount of individually held
IFQ.
(3) Transfer of cooperative IFQ by members of a cooperative. A
member of a cooperative may not buy or sell cooperative IFQ.
Cooperative IFQ may only be transferred between two cooperatives.
(4) Acquisition of PQS and IPQ by members of a cooperative. A
member of a cooperative is prohibited from acquiring any amount of PQS
or IPQ during the valid duration of the cooperative IFQ permit.
(g) Transfers by crab harvesting cooperatives. The following
requirements address transfers of QS, IFQ, PQS, and IPQ by crab
harvesting cooperatives that have been issued cooperative IFQ permits.
(1) Acquisition of QS, PQS, and IPQ prohibited. A crab harvesting
cooperative that has been issued a cooperative IFQ permit is prohibited
from acquiring any amount of QS, PQS, or IPQ for the valid duration of
the cooperative IFQ permit. A crab harvesting cooperative that acquires
any amount of QS, PQS, or IPQ becomes ineligible to receive a crab
cooperative IFQ permit.
(2) Transfer of individually held IFQ. A crab harvesting
cooperative may acquire individually held IFQ using the transfer
procedures described in Sec. 680.41. Any individually held IFQ
acquired by a crab harvesting cooperative will be converted to
cooperative IFQ when the transfer is processed by NMFS.
(3) Transfer of cooperative IFQ. Cooperative IFQ may be transferred
only between two crab harvesting cooperatives that have been issued
cooperative IFQ permits using the transfer procedures described in
Sec. 680.41. A crab harvesting cooperative is prohibited from
transferring any amount of cooperative IFQ to any entity that is not a
crab harvesting cooperative operating under a cooperative IFQ permit.
(h) Inseason changes to cooperative membership. The following
requirements address inseason changes to cooperative membership.
(1) Eligible membership changes. A crab harvesting cooperative may
add a new member if that person becomes eligible to join the
cooperative through the acquisition of any amount of the QS upon which
the cooperative's annual IFQ permit was based provided that the person
acquiring the QS in question has been determined by NMFS to be eligible
to hold IFQ. Likewise, a crab harvesting cooperative may remove a
member if that person no longer holds any of the QS upon which the
cooperative's annual IFQ permit was based.
(2) Inseason membership changes are voluntary. A crab harvesting
cooperative is not required to add or remove members during the fishing
season to reflect inseason transfers of QS. Each cooperative is free to
establish its own process for deciding whether or not to admit new
members or to remove existing members during the fishing season to
reflect changes in the ownership of QS. No cooperative is required to
admit a new QS holder that the cooperative chooses not to admit,
regardless of whether the person in question has acquired any amount of
QS upon which the cooperative's annual IFQ is based. If a cooperative
chooses to make inseason membership changes, then it must comply with
Sec. 680.21(h)(3).
(3) Application for an inseason change in cooperative membership. A
crab harvesting cooperative must notify NMFS of any inseason changes to
cooperative membership by submitting a revised Application for an
Annual Crab Harvesting Cooperative IFQ Permit together with any revised
supporting documents that are required to be submitted with the
application. The revised Application for an Annual Crab Harvesting
Cooperative IFQ Permit must be accompanied by a cover letter that
[[Page 63288]]
indicates the revisions that have been made. Upon approval of the
membership change, NMFS will issue a revised annual cooperative IFQ
permit that reflects the change in membership. A new member may not
fish on behalf of a cooperative except as a crab IFQ hired master until
NMFS issues a revised annual cooperative IFQ permit that reflects the
change in membership.
(4) Successors-in-interest. If a member of a
cooperative dies (in the case of an individual) or dissolves (in the
case of a business entity), the QS held by that person will be
transferred to the legal successor-in-interest. However,
the cooperative IFQs generated by that person's QS holdings remain
under the control of the cooperative for the valid duration of the
cooperative IFQ permit. Each cooperative is free to establish its own
internal procedures for admitting a successor-in-interest
during the fishing season to reflect the transfer of QS due to the
death of or dissolution of a QS holder. These regulations do not
require any cooperative to admit a successor-in-interest
that the cooperative chooses not to admit. If a cooperative chooses to
admit the successor-in-interest for membership, then the
cooperative must comply with Sec. 680.21(h)(3).
Sec. 680.22 Sideboard protections for GOA groundfish fisheries.
The regulations in this section restrict the owners of vessels with
a history of participation in the Bering Sea snow crab (C. opilio)
fishery from using the increased flexibility provided by the CR Program
to expand their level of participation in GOA groundfish fisheries.
These restrictions, commonly known as ``sideboards,'' limit directed
fishing for GOA Pacific cod by such vessels to their aggregate
historical levels and prohibit directed fishing in the GOA for all
other groundfish species except sablefish.
(a) Vessels and LLP licenses subject to sideboard restrictions. The
sideboard fishing restrictions described in this section are based on a
vessel's fishing history and apply both to the fishing vessel itself
and to any LLP license generated by that vessel's fishing history. The
criteria used to determine which vessels and LLP licenses are subject
to GOA groundfish sideboard fishing restrictions are as follows:
(1) Vessels subject to GOA groundfish sideboard directed fishing
closures. Any vessel that NMFS has determined meets one or both of the
following criteria is subject to GOA groundfish sideboard directed
fishing closures issued under paragraph (e) of this section.
(i) Any non-AFA vessel that made a legal landing of Bering
Sea snow crab (C. opilio) between January 1, 1996, and December 31,
2000, that generated any amount of Bering Sea snow crab (C. opilio)
fishery QS, and
(ii) Any vessel named on an LLP license that was generated in whole
or in part by the fishing history of a vessel meeting the criteria in
paragraph (a)(1)(i) of this section.
(2) Vessels prohibited from directed fishing for Pacific cod in the
GOA. Any vessel that NMFS has determined meets either of the following
two criteria is prohibited from directed fishing for Pacific cod in the
GOA:
(i) Any vessel subject to GOA groundfish sideboard closures under
paragraph (a)(1)(i) of this section that landed less than 50 mt
(110,231 lb) of groundfish harvested from the GOA between January 1,
1996, and December 31, 2000, and
(ii) Any vessel named on an LLP license that was generated in whole
or in part by the fishing history of a vessel meeting the criteria in
paragraph (a)(2)(i) of this section.
(3) Vessels exempt from Pacific cod sideboard closures in the GOA.
Any vessel that NMFS has determined meets one or both of the following
criteria is exempt from sideboard directed fishing closures for Pacific
cod in the GOA:
(i) Any vessel subject to GOA groundfish closures under paragraph
(a)(1)(i) of this section that landed less than 100,000 lb (45,359 kg)
of Bering Sea snow crab (C. opilio) and more than 500 mt (1,102,311 lb)
of Pacific cod from the GOA between January 1, 1996, and December 31,
2000; and
(ii) Any vessel named on an LLP license that was generated in whole
or in part by the fishing history of a vessel meeting the criteria in
paragraph (a)(3)(i) of this section.
(b) Notification of affected vessel owners and LLP licence holders.
After NMFS determines which vessels and LLP licenses meet the criteria
described in paragraph (a) of this section, NMFS will inform each
vessel owner and LLP license holder in writing of the type of sideboard
restriction and issue a revised Federal fisheries permit and/or LLP
license that displays the restriction on the face of the permit or license.
(c) Appeals. A vessel owner or LLP license holder who believes that
NMFS has incorrectly identified his or her vessel or LLP license as
meeting the criteria for a GOA groundfish sideboard restriction may
request reconsideration. All requests for reconsideration must be
submitted in writing to the RAM Division, Alaska Region, NMFS, together
with any documentation or evidence supporting the request. If the
request for reconsideration is denied, affected persons may appeal
using the procedures described at Sec. 680.43.
(d) Determination of GOA groundfish sideboard ratios. Sideboard
ratios for each GOA groundfish species other than sablefish, species
group, season, and area for which annual specifications are made, are
established according to the following formulas:
(1) Pacific cod. The sideboard ratios for Pacific cod are
calculated by dividing the aggregate retained catch of Pacific cod by
vessels that are subject to sideboard directed fishing closures under
paragraph (a)(1) of this section and that do not meet the criteria in
paragraphs (a)(2) or (a)(3) of this section and by the total retained
catch of Pacific cod from the GOA by all groundfish vessels between
1996 and 2000.
(2) Groundfish other than Pacific cod. The sideboard ratios for
groundfish species and species groups other than Pacific cod are
calculated by dividing the aggregate landed catch by vessels subject to
sideboard directed fishing closures under paragraph (a)(1) of this
section by the total landed catch of that species by all groundfish
vessels between 1996 and 2000.
(e) Conversion of sideboard ratios into annual harvest limits. NMFS
will convert sideboard ratios into annual harvest limits according to
the following procedures.
(1) Annual harvest limits. Annual harvest limits for each
groundfish species will be established by multiplying the sideboard
ratios calculated under paragraph (d) of this section by the interim
and final TACs in each area for which a TAC is specified. If a TAC is
further apportioned by season, the sideboard harvest limit also will be
apportioned by season in the same ratio as the overall TAC. The
resulting harvest limits expressed in metric tons will be published in
the annual GOA groundfish harvest specification notices.
(2) Sideboard directed fishing allowance. If the Regional
Administrator determines that a harvest limit for a species or species
group has been or will be reached, the Regional Administrator may
establish a sideboard directed fishing allowance for the species or
species group applicable only to the group of crab vessels to which the
sideboard limit applies.
(3) If the Regional Administrator determines that a harvest limit
is insufficient to support a directed fishery for that species or
species group, then the Regional Administrator may set the sideboard
directed fishing allowance at zero for that species or species group.
[[Page 63289]]
(4) Directed fishing closures. Upon attainment of a sideboard
directed fishing allowance, the Regional Administrator will publish
notification in the Federal Register prohibiting directed fishing for
the species or species group in the specified subarea, regulatory area,
or district. A directed fishing closure effective for the duration of
the fishing year or season.
Sec. 680.23 Equipment and operational requirements.
(a) Catcher Vessel requirements. A catcher vessel used to harvest
CR crab must:
(1) Carry and use a VMS as described in paragraph (d) of this section.
(2) Land all retained crab to an RCR operating under an approved
catch monitoring plan as described in paragraph (g) of this section.
(b) Catcher/Processor requirements. A catcher/processor used to
harvest CR crab must:
(1) Carry and use a VMS as described in paragraph (d) of this section.
(2) Weigh all retained crab to be processed on board, in its raw
form, on a scale approved by NMFS as described in paragraph (e) of this
section.
(3) Land all retained crab not processed on board at an RCR.
(4) Land all product processed on board at a shoreside location in
the United States accessible by road or regularly scheduled air service
and weigh that product on a scale approved by the State where the
product is landed.
(5) Provide an approved observer work area that meets the
requirements in paragraph (h) of this section.
(c) RCR requirements. An RCR must:
(1) Ensure that all CR crab landings are weighed on a scale
approved by the State where the landing takes place.
(2) Ensure that all crab landing and weighing be conducted as
specified in an approved crab monitoring plan as described in paragraph
(g) of this section, and that a copy of the crab monitoring plan is
made available to NMFS personnel or authorized officer upon demand.
(d) Vessel Monitoring System (VMS) requirements--(1) General
requirements. General VMS requirements concerning the approval and
installation of VMS components and the responsibilities of vessel
owners and operators are detailed at Sec. 679.28(f)(1) through (5).
(2) VMS Transmission Requirements. A vessel's transmitter must be
transmitting if:
(i) The vessel is operating in any reporting area (see definitions
at Sec. 679.2) off Alaska; and
(ii) The vessel has crab pots or crab pot hauling equipment, or a
crab pot launcher onboard; and
(iii) The vessel has received a Federal Crab Vessel Permit at any
time during the crab fishing year.
(e) Scales approved by NMFS. To be approved by NMFS, a scale used
to weigh crab at sea must meet the type evaluation and initial
inspection requirements set forth in Sec. 679.28(b)(1) and (2). Once a
scale is installed on a vessel and approved by NMFS for use, it must be
reinspected annually as described in Sec. 679.28(b)(2) and must be
tested daily and meet the maximum permissible error (MPE) requirements
described in paragraph (e)(1) of this section.
(1) At-sea scale tests. To verify that the scale meets the
MPEs specified in this paragraph, the vessel operator must test each
scale or scale system used to weigh CR crab one time during each
24-hour period when use of the scale is required. The vessel
owner must ensure that these tests are performed in an accurate and
timely manner.
(i) Belt scales. The MPE for the daily at-sea scale tests is
plus or minus 3 percent of the known weight of the test material. The
scale must be tested by weighing at least 400 kg (882 lb) of crab or an
alternative material supplied by the scale manufacturer on the scale
under test. The known weight of the test material must be determined by
weighing it on a platform scale approved for use under Sec. 679.28
(b)(7).
(ii) Automatic hopper scales. An automatic hopper scale must be
tested at its minimum and maximum capacity with approved test weights.
Test weights must be placed in the bottom of the hopper unless an
alternative testing method is approved by NMFS. The MPE for the daily
at-sea scale tests is plus or minus 2 percent of the weight of
the approved test weights.
(iii) Platform scales used for observer sampling. A platform scale
used for observer sampling must be tested at 10, 25, and 50 kg (or 20,
50, and 100 lb if the scale is denominated in pounds) using approved
test weights. The MPE for the daily at-sea scale test is plus or
minus 0.5 percent if the scale is used to determine the known weight of
test material for the purpose of testing a belt scale. If the scale is
not used for that purpose, the MPE for the daily at-sea scale
test is plus or minus 1 percent.
(iv) Approved test weights. Each test weight must have its weight
stamped on or otherwise permanently affixed to it. The weight of each
test weight must be annually certified by a National Institute of
Standards and Technology approved metrology laboratory or approved for
continued use by the NMFS authorized inspector at the time of the
annual scale inspection.
(v) Requirements for all scale tests. (A) Notify the observer at
least 15 minutes before the time that the test will be conducted, and
conduct the test while the observer is present.
(B) Conduct the scale test and record the following information on
the at-sea scale test report form:
(1) Vessel name;
(2) Month, day, and year of test;
(3) Time test started to the nearest minute;
(4) Known weight of test weights;
(5) Weight of test weights recorded by scale;
(6) Percent error as determined by subtracting the known weight of
the test weights from the weight recorded on the scale, dividing that
amount by the known weight of the test weights, and multiplying by 100;
and
(7) Sea conditions at the time of the scale test.
(C) Maintain the test report form on board the vessel until the end
of the crab fishing year during which the tests were conducted, and
make the report forms available to observers, NMFS personnel, or an
authorized officer. In addition, the vessel owner must retain the scale
test report forms for 3 years after the end of the crab fishing year
during which the tests were performed. All scale test report forms must
be signed by the vessel operator.
(2) Scale maintenance. The vessel owner must ensure that the vessel
operator maintains the scale in proper operating condition throughout
its use, that adjustments made to the scale are made so as to bring the
performance errors as close as practicable to a zero value, and that no
adjustment is made that will cause the scale to weigh inaccurately.
(3) Printed reports from the scale. The vessel owner must ensure
that the printed reports are provided as required by this paragraph.
Printed reports from the scale must be maintained on board the vessel
until the end of the year during which the reports were made and be
made available to NMFS or NMFS authorized personnel. In addition, the
vessel owner must retain printed reports for 3 years after the end of
the year during which the printouts were made.
(i) Reports of catch weight and cumulative weight. Reports must be
printed at least once every 24 hours prior to submitting a CR crab
landing report as described in Sec. 680.5. Reports must also be
printed before any information stored in the scale computer memory is
replaced. Scale
[[Page 63290]]
weights must not be adjusted by the scale operator to account for the
perceived weight of water, mud, debris, or other materials. Scale
printouts must show:
(A) The vessel name and Federal fisheries or processor permit number;
(B) The weight of each load in the weighing cycle (hopper scales only);
(C) The date and time the information was printed;
(D) The total amount weighed since the last printout was made; and
(E) The total cumulative weight of all crab or other material
weighed on the scale.
(ii) Printed report from the audit trail. The printed report must
include the information specified in sections 2.3.1.8, 3.3.1.7, and
4.3.1.8 of appendix A to 50 CFR 679. The printed report must be
provided to the authorized scale inspector at each scale inspection and
must also be printed at any time upon request of NMFS staff or other
NMFS-authorized personnel.
(iii) Platform scales used for observer sampling. A platform scale
used for observer sampling is not required to produce a printed record
unless that scale is also used to obtain raw weight for a CR crab
landing report.
(4) Scale installation requirements. Unless otherwise approved by
NMFS, a scale used to obtain raw weight for a CR crab landing report
must be installed such that:
(i) From the location where the observer samples unsorted crab, the
observer can ensure that all crab are being weighed;
(ii) The scale may not be installed in a manner that facilitates
bypassing. It must not be possible for the scale inspector and an
assistant to bypass the scale with 100 kg (220 lb) of test material in
less than 20 seconds.
(f) Scales approved by the state. Scale requirements in this
paragraph are in addition to those requirements set forth by the State
in which the scale is approved, and nothing in this paragraph may be
construed to reduce or supersede the authority of the State to
regulate, test, or approve scales within the State. Scales used to
weigh CR crab that are also required to be approved by the State must
meet the following requirements:
(1) Verification of approval. The scale must display a valid State
sticker indicating that the scale was inspected and approved within the
previous 12 months.
(2) Visibility. An RCR must ensure that the scale and scale display
are visible simultaneously. NMFS personnel or NMFS authorized
personnel, including observers, must be allowed to observe the weighing
of crab on the scale and be allowed to read the scale display at all times.
(3) Printed scale weights. (i) An RCR must ensure that printouts of
the scale weight of each delivery or offload are made available to NMFS
personnel or to NMFS authorized personnel, including observers, at the
time printouts are generated. An RCR must maintain printouts on site
until the end of the fishing year during which the printouts were made
and make them available upon request by an authorized officer for 3
years after the end of the fishing year during which the printout was made.
(ii) A scale used to weigh any portion of a landing of CR crab or
an offload of CR crab product must produce a printed record for each
landing, or portion of each landing, weighed on that scale. The printed
record must include:
(A) The RCR's name;
(B) The weight of each load in the weighing cycle;
(C) The total weight of crab in each landing, or portion of the
landing that was weighed on that scale.
(D) The date and time the information is printed; and
(E) The name and ADF&G vessel registration number of the vessel
making the delivery. The scale operator may write this information on
the scale printout in pen at the time of landing.
(4) Inseason scale testing. Scales used to weigh CR crab must be
tested by RCR personnel when testing is requested by NMFS-staff
or by NMFS-authorized personnel.
(i) Inseason testing criteria. To pass an inseason test, NMFS staff
or NMFS-authorized personnel will verify that the scale display
and printed information are clear and easily read under all conditions
of normal operation, that weight values are visible on the display
until the value is printed, and that the scale does not exceed the
maximum permissible errors specified in the following table:
------------------------------------------------------------------------
Maximum Error in Scale
Test Load in Scale Divisions Divisions
------------------------------------------------------------------------
(A) 0-500 1
------------------------------------------------------------------------
(B) 501-2,000 2
------------------------------------------------------------------------
(C) 2,001-4,000 3
------------------------------------------------------------------------
(D) >4,000 4
------------------------------------------------------------------------
(ii) Test weight requirements. Scales must be tested with the
amount and type of weight specified for each scale type in the
following tables under paragraphs (f)(4)(ii)(A) through (f)(4)(ii)(D)
of this section:
(A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity.
------------------------------------------------------------------------
Certified Test Weights Other Test Material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb), Minimum
whichever is greater
------------------------------------------------------------------------
(2) Maximum Maximum
------------------------------------------------------------------------
(B) Automatic hopper > 150 kg (300 lb) capacity.
------------------------------------------------------------------------
Certified Test Weights Other Test Material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb), Minimum
whichever is greater
------------------------------------------------------------------------
(2) 25 percent of maximum of 150 kg (300 lb), Maximum
whichever is greater
------------------------------------------------------------------------
(C) Platform, flatbed or hanging scales less than 150 kg (300 lb)
capacity.
------------------------------------------------------------------------
Certified Test Weights Other Test Material
------------------------------------------------------------------------
(1) 10 kg (20 lb) Not Acceptable
------------------------------------------------------------------------
(2) Midpoint Not Acceptable
------------------------------------------------------------------------
(3) Maximum Not Acceptable
------------------------------------------------------------------------
(D) Platform, flatbed or hanging scales > 150 kg (300 lb) capacity.
------------------------------------------------------------------------
Certified Test Weights Other Test Material
------------------------------------------------------------------------
(1) 10 kg (20 lb) Not Acceptable
------------------------------------------------------------------------
(2) 12.5 percent of maximum or 75 kg (150 50 percent of maximum or
lb), whichever is greater 75 kg (150 lb),
whichever is greater
------------------------------------------------------------------------
(3) 25 percent of maximum or 150 kg (300 lb), 75 percent of maximum or
whichever is greater 150 kg (300 lb),
whichever is greater
------------------------------------------------------------------------
(iii) Certified test weights. An RCR must ensure that there are
sufficient test weights on-site to test each scale used to weigh
CR crab. Each test weight used for inseason scale testing must have its
weight stamped on or otherwise permanently affixed to it. The weight of
each test weight must be certified by a National Institute of Standards
and Technology approved metrology laboratory every 2 years.
(iv) Other test material. When permitted in paragraph (f)(4)(ii) of
this section, a scale may be tested with test material other than
certified test weights.
(g) Crab Monitoring Plans (CMP). A CMP is a plan submitted by an
RCR for
[[Page 63291]]
each location or processing vessel where the RCR wishes to take
deliveries of CR crab. The CMP must detail how the RCR will meet the
catch monitoring standards detailed in paragraph (g)(5) of this
section. An RCR that processes only CR crab harvested under a CPO or
CPC IFQ permit is not required to prepare a CMP.
(1) CMP Approval. NMFS will approve a CMP if it meets all the
performance standards specified in paragraph (g)(5) of this section.
The location or vessel identified in the CMP may be inspected by NMFS
prior to approval of the CMP to ensure that the location conforms to
the elements addressed in the CMP. If NMFS disapproves a CMP, the plant
owner or manager may resubmit a revised CMP or file an administrative
appeal as set forth under the administrative appeals procedures
described in Sec. 679.43.
(2) Inspection scheduling. The time and place of a CMP inspection
may be arranged by submitting a written request for an inspection to
NMFS, Alaska Region. An inspection must be requested no less than 10
working days before the requested inspection date. NMFS staff will
conduct CMP inspections in any port located in the United States that
can be reached by regularly scheduled commercial air service. The
inspection request must include:
(i) Name and signature of the person submitting the application and
the date of the application;
(ii) Address, telephone number, facsimile number, and e-mail
address (if available) of the person submitting the application; and
(iii) A proposed CMP detailing how the RCR will meet each of the
standards in paragraph (g)(5) of this section.
(3) Approval period. NMFS will approve a CMP for 1 year if it meets
the performance standards specified in paragraph (e)(2) of this
section. An owner or manager must notify NMFS in writing if changes are
made in plant operations or layout that do not conform to the CMP.
(4) Changing an approved CMP. An RCR may change an approved CMP by
submitting a CMP addendum to NMFS. Depending on the nature and
magnitude of the change requested, NMFS may require a CMP inspection as
described in paragraph (g)(2) of this section. A CMP addendum must contain:
(i) Name and signature of the person submitting the addendum;
(ii) Address, telephone number, facsimile number and e-mail
address (if available) of the person submitting the addendum; and
(iii) A complete description of the proposed CMP change.
(5) CMP standards--(i) Crab sorting and weighing requirements. All
crab, including crab parts and crab that are dead or otherwise
unmarketable, delivered to the RCR must be sorted and weighed by
species. The CMP must detail how and where crab are sorted and weighed.
(ii) Scales used for weighing crab. The CMP must identify by serial
number each scale used to weigh crab and describe the rationale for its
use.
(iii) Scale testing procedures. Scales identified in the CMP must
be accurate within the limits specified in paragraph (f)(4)(i) of this
section. For each scale identified in the CMP a testing plan must be
developed that:
(A) Describes the procedure the plant will use to test the scale;
(B) Lists the test weights and equipment required to test the scale;
(C) Lists where the test weights and equipment will be stored; and
(D) Lists the names of the personnel responsible for conducting the
scale testing.
(iv) Printed record. An RCR must ensure that the scale produces a
complete and accurate printed record of the weight of each species in a
landing. All of the crab in a delivery must be weighed on a scale
capable of producing a complete printed record as described in
paragraph (e)(3) of this section. A printed record of each landing must
be printed before the RCR submits a CR crab landing report.
(v) Observation area. Each CMP must designate an observation area.
The observation area is a location designated on the CMP where an
individual may monitor the offloading and weighing of crab. The
observation area must meet the following standards:
(A) Access to the observation area. The observation area must be
freely accessible to observer, NMFS staff or enforcement aides at any
time during the effective period of the CMP.
(B) Monitoring the offloading and weighing of crab. From the
observation area, an individual must have an unobstructed view or
otherwise be able to monitor the entire offload of crab between the
first location where crab are removed from the boat and a location
where all sorting has taken place and each species has been weighed.
(C) Other Requirements. The observation area must be sheltered from
the weather and not exposed to unreasonable safety hazards.
(vi) Plant liaison. The CMP must designate a plant liaison. The
plant liaison is responsible for:
(A) Orienting new observers, NMFS staff and enforcement aides to
the plant;
(B) Assisting in the resolution of observer concerns; and
(C) Informing NMFS if changes must be made to the CMP.
(vii) Drawing to scale of delivery location. The CMP must be
accompanied by a drawing to scale of the delivery location or vessel showing:
(A) Where and how crab are removed from the delivering vessel;
(B) The observation area;
(C) The location of each scale used to weigh crab; and
(D) Each location where crab is sorted.
(viii) Single geographic location. All offload and weighing
locations detailed in a CMP must be located on the same vessel or in
the same geographic location. If a CMP describes facilities for the
offloading of vessels at more than one location, it must be possible to
see both locations simultaneously.
(h) Catcher/processor Observer Work Areas. A crab catcher/processor
must provide 2 observer work areas at any time when the vessel is
catching or processing CR crab. All of the space and equipment required
for the work station must be available to the observer at all times
while an observer work area is required. A vessel required to provide
observer work areas must:
(1) Provide an observer work area for sampling unsorted crab. The
work area must be no less than 6 square meters and not less than 1
meter on each side. The work area must be located within 3 meters of
where the vessel crew sort crab and must provide unobstructed access to
that crab.
(2) Provide an observer work area for sampling retained crab. The
work area must be no less than 1 meter on each side. The work area must
be located downstream from the scale used to weigh total catch and
upstream from the area where crab are butchered.
(3) The observer work area for sampling retained crab must be
provided with a NMFS-approved platform scale located within 5
meters of the work area. Clear and unobstructed passage must be
provided between the scale and the observer work area. The scale must
be accompanied by approved test weights sufficient to test the scale at
10, 25, and 50 kg (or 25, 50, and 100 lb if scale is denominated in
lb). The scale may be used by vessel crew but must be available to the
observer at all times.
(4) Both observer work areas must be protected from extreme weather
and unreasonable safety hazards.
(5) Vessel crew may use the observer work areas, but the entire
area must be
[[Page 63292]]
available to the observer whenever the observer is working in the area.
(6) The vessel owner must prepare a diagram, drawn to scale,
showing the location of both observer work areas. The diagram must be
retained on board the vessel whenever the vessel is harvesting or
processing crab quota.
Sec. 680.30 [Reserved]
Subpart C--Individual Fishing Quota Management Measures
Sec. 680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing
Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.
(a) Crab QS and Crab QS Fisheries. (1) With the exception of the
WAI golden king crab fishery, the Regional Administrator shall annually
apportion 10 percent of the TAC specified by the State of Alaska for
each of the fisheries described in Table 1 to this part to the Western
Alaska CDQ program. Ten percent of the TAC in the Western Aleutian
Islands golden king crab fishery will be allocated to the Adak
community entity. The remaining TACs for the crab QS fisheries will be
apportioned for use by qualified QS holders in each fishery.
(2) Crab harvested and retained in each crab QS fishery may be
harvested and retained only by persons holding the appropriate crab IFQ
for that crab QS fishery.
(3) Official Crab Rationalization Record. The official crab
rationalization record will be used to determine the amount of QS that
is to be allocated for each crab QS fishery. The official crab
rationalization record is presumed to be correct. An applicant for QS
has the burden to prove otherwise. For the purposes of creating the
official crab rationalization record the Regional Administrator will
presume the following:
(i) An LLP license is presumed to have been used onboard the same
vessel from which that LLP is derived, unless documentation is provided
establishing otherwise.
(ii) If more than one person is claiming legal landings or legal
processing activities during the same time at the same processing
facility or onboard the same vessel, then each person eligible to
receive QS or PQS based on those legal landings or legal processing
activities will receive any QS or PQS issued divided in equal
proportion among all eligible recipients for that time period unless
the applicants can provide written documentation establishing an
alternative means for distributing the QS or PQS resulting from the
activities during that time period.
(b) QS Sectors and Regional Designations--(1) General. The Regional
Administrator shall initially assign to qualified persons, crab QS that
are specific to the crab QS fisheries defined in paragraph (a)(1) of
this section. The crab QS amount issued will be based on legal landings
made on vessels authorized to participate in those fisheries in four QS
sectors:
(i) Catcher Vessel Owner (CVO) QS shall be initially issued to
qualified persons defined in paragraph (b)(3) of this section based on
legal landings of unprocessed crab. CVO QS shall yield annual IFQ
designated as defined under paragraph (h)(2) of this section.
(ii) Catcher Vessel Crew (CVC) QS shall be initially issued to
qualified persons defined in paragraph (b)(3) of this section based on
legal landings of unprocessed crab. CVC QS shall yield annual IFQ
designated as CVC as defined under paragraph (h)(3) of this section.
After July 1, 2008, CVC QS shall yield an annual IFQ of CVC Class A or
CVC Class B as defined under paragraph (h)(2) of this section.
(iii) Catcher/Processor Owner (CPO) QS shall be initially issued to
qualified persons defined in paragraph (b)(3) of this section based on
legal landings of crab that were harvested and processed on the same
vessel. CPO QS shall yield annual IFQ designated as CPO as defined
under paragraph (h)(4) of this section.
(iv) Catcher/Processor Crew (CPC) QS shall be initially issued to
qualified persons defined in paragraph (b)(3) of this section based on
legal landings of crab that were harvested and processed on the same
vessel. CPC QS shall yield annual IFQ designated as CPC as defined
under paragraph (h)(5) of this section.
(2) Regional Designations. (i) Regional designations apply to:
(A) North QS if the legal landings that gave rise to the QS for a
crab QS fishery were landed in the Bering Sea subarea north of
56[deg]20' N. lat.; or
(B) South QS if the legal landings that gave rise to the QS for a
crab QS fishery were not landed in the North Region;
(1) CVO QS allocated to the WAI crab QS fishery; and
(2) CVC QS for the WAI crab QS fishery prior to July 1, 2008.
(C) West QS for a portion of the QS allocated to the WAG crab QS
fishery subject to the provisions under Sec. 680.40(c)(4);
(ii) Regional designations do not apply (Undesignated QS) to:
(A) Crab QS for the BST crab QS fishery;
(B) Crab QS for that portion of the WAG QS fishery not regionally
designated for the West region;
(C) CVC QS prior to July 1, 2008;
(D) CPO QS unless that QS is transferred to the CVO QS sector, in
which case the regional designation is made by the recipient of the
resulting CVO QS at the time of transfer; and
(E) CPC QS.
(iii) The specific regional designations that apply to each of the
crab QS fisheries are specified in the following table:
----------------------------------------------------------------------------------------------------------------
Undesignated
Crab QS Fishery North Region South Region West Region Region
----------------------------------------------------------------------------------------------------------------
(A) EAG X X ................. ..................
----------------------------------------------------------------------------------------------------------------
(B) WAG ................. ................. X X
----------------------------------------------------------------------------------------------------------------
(C) BST ................. ................. ................. X
----------------------------------------------------------------------------------------------------------------
(D) BSS X X ................. ..................
----------------------------------------------------------------------------------------------------------------
(E) BBR X X ................. ..................
----------------------------------------------------------------------------------------------------------------
(F) PIK X X ................. ..................
----------------------------------------------------------------------------------------------------------------
(G) SMB X X ................. ..................
----------------------------------------------------------------------------------------------------------------
(H) WAI ................. X ................. ..................
----------------------------------------------------------------------------------------------------------------
[[Page 63293]]
(3) Qualified person means, for the purposes of QS issuance, a
person, as defined in Sec. 679.2, who at the time of application for
QS meets the following criteria for each of the QS sectors:
(i) CVO QS. Holds one or more permanent, fully transferable crab
LLP licenses and is a citizen of the United States;
(ii) CPO QS. (A) Holds one or more permanent, fully transferable
crab LLP licenses with a Catcher/Processor designation and is a citizen
of the United States;
(B) Harvested and processed at sea any crab species in any BSAI
crab fishery during the years 1998 or 1999.
(iii) CVC QS and CPC QS. (A) Is an individual who is a citizen of
the United States, or his or her successor-in-interest if
that individual is deceased;
(B) Has historical participation in the fishery demonstrated by
being the individual named on a State of Alaska Interim Use Permit who
made at least one legal landing per year for any 3 qualifying years
under that permit based on data from fish tickets maintained by the
State of Alaska. The qualifying years are described in Column C of
Table 7 to this part.
(C) Has recent participation in the fishery demonstrated by being
the individual named on a State of Alaska Interim Use Permit who made
at least one legal landing under that permit in any 2 of 3 seasons
based on data from fish tickets maintained by the State of Alaska.
Those seasons are defined in Column D of Table 7 to this part; except
that the requirement for recent participation does not apply to be a
qualified individual to receive QS if:
(1) The legal landings that qualify the individual for QS in the
PIK crab QS fishery were made from a vessel that is less than 60 feet
length overall; or
(2) If the individual who is otherwise eligible to receive an
initial issuance of QS died while working as part of a harvesting crew
in any U.S. commercial fishery.
(4) Qualification for Initial Allocation of QS--(i) Qualifying
Year. The qualifying years for each crab QS fishery are described in
Column B of Table 7 to this part.
(ii) Legal landing of crab means, for the purpose of initial
allocation of QS, crab harvested during the qualifying years specified
in Column B of Table 7 to this part and landed in compliance with state
and Federal permitting, landing, and reporting regulations in effect at
the time of the landing.
(A) Legal landings exclude any deadloss, fishing conducted under a
scientific activity permit, or the fishery conducted under the Western
Alaska CDQ program.
(B) Landings made onboard a vessel that gave rise to a crab LLP
licence or made under the authority of an LLP license are
non-severable from the crab LLP license until QS has been issued
for those legal landings.
(C) Landings may only be used once for each QS sector for the
purposes of allocating QS.
(D) Landings made from vessels which are used for purposes of
receiving compensation through the BSAI Crab Capacity Reduction Program
may not be used for the allocation of CVO QS or CPO QS.
(E) Legal landings for purposes of allocating QS for a crab QS
fishery only include those landings that resulted in the issuance of an
LLP license endorsed for that crab QS fishery, or landings that were
made in that crab QS fishery under the authority of an LLP license
endorsed for that crab QS fishery.
(iii) Documentation. Evidence of legal landings shall be limited to
State of Alaska fish tickets.
(c) Calculation of QS allocation--(1) General. (i) For each
permanent, fully transferable crab LLP license under which an applicant
applies, CVO and CPO QS will be based on legal landings that resulted
in the issuance of that license or from legal landings that were made
under the authority of that license.
(ii) For each State of Alaska Interim Use Permit under which an
applicant applies for CVC QS or CPC QS, the initial allocation of QS
will be based on the legal landings that were made under the authority
of that permit.
(2) Computation for Initial Issuance of QS. (i) Based on the
official crab rationalization record the Regional Administrator shall
derive the annual harvest denominator (AHD) that represents the amount
of legally landed crab in each crab QS fishery in each qualifying year
as established in column B of Table 7 to this part.
(ii) The initial QS pool is described in Table 8 to this part.
(iii) A person's initial allocation of QS shall be based on a
percentage of the legal landings for the applicable sector in each crab
QS fishery:
(A) Associated with crab LLP licenses held by the applicant for CVO
or CPO QS; or
(B) Authorized under a State of Alaska Interim Use Permit held by
the applicant for CVC or CPC QS.
(iv) As shown in the formulas under this paragraph (c)(2)(iv), the
allocation of CVO and CPO QS for each crab QS fishery ``f'' based on
each fully transferable LLP license ``l'' held by a qualified person
shall be calculated by the Regional Administrator as follows:
(A) Sum legal landings for each qualifying year, as described in
Column B of Table 7 to this part, and divide that amount by the AHD for
that year as follows:
([sum]
legal landingslf / AHDf) x 100 =
Percentage of the AHDlf
(B) In those fisheries where only a subset of the qualifying
years are applied, the Regional Administrator will use the years that
yield the highest percentages of each AHD as calculated in paragraph
(c)(2)(iv)(A) of this section.
(C) Sum the highest percentages of the AHD's for that license as
calculated under paragraph (c)(2)(iv)(B) of this section and divide by
the number in Column E of Table 7 to this part (Subset of Qualifying
Years). This yields the Average Percentage as presented in the
following equation:
[sum]
Percentages of the AHDlf / Subset of Qualifying
Yearsf = Average Percentagelf
(D) Divide the Average percentage in paragraph (c)(2)(iv)(C)
of this section for a license and fishery by the Sum of all Average
Percentages for all licenses for that fishery as presented in the
following equation:
Average Percentagelf / [sum]
Average
Percentagesf = Percentage of the Total Percentageslf
(E) Multiply the Percentage of the Total Percentages in
paragraph (c)(2)(iv)(E) of this section by the Initial QS Pool as
described in Table 8 to this part. This yields the unadjusted number of
QS units derived from a license for a fishery.
(F) Multiply the unadjusted number of QS units in paragraph
(c)(2)(iv)(E) of this section by 97 percent. This yields the number of
QS units to be allocated.
(G) Determine the percentage of legal landings in the subset of
qualifying years associated with a LLP license with a catcher/processor
designation that were processed on that vessel and multiply the amount
calculated in paragraph (c)(2)(iv)(F) of this section by this
percentage. This yields the amount of CPO QS to be allocated.
(H) Determine the percentage of legal landings in the subset of
qualifying years associated with a LLP license that were not processed
on that vessel and multiply the amount calculated in paragraph
(c)(2)(iv)(F) of this section by this percentage. This yields the
amount of CVO QS to be allocated.
(I) Determine the percentage of legal landings associated with an
LLP license in the subset of qualifying years that were delivered in
each region as defined in Sec. 680.40(b)(2). The amount calculated in
paragraph (c)(2)(iv)(H) of this section is multiplied by the percentage
for each region.
[[Page 63294]]
(J) The percentage calculated in paragraph (c)(2)(iv)(I) of this
section may be adjusted according to the provisions at paragraphs
(c)(3) and (c)(4) of this section.
(v) As shown in the formulas under this paragraph (c)(2)(v), the
allocation of CVC and CPC QS for each crab QS fishery ``f'' based on
each State of Alaska Interim Use Permit ``i'' held by each qualified
person shall be calculated by the Regional Administrator as follows:
(A) Sum legal landings for each qualifying year as described in
Column C of Table 7 to this part and divide that amount by the AHD for
that year using the following equation:
([sum]
legal landingsif / AHDf) x 100 =
Percentage of the AHDif
(B) In those fisheries where only a subset of the qualifying
years are applied, the Regional Administrator will use the years that
yield the highest percentages of the AHD as calculated in paragraph
(c)(2)(v)(A) of this section.
(C) Sum the highest percentages of the AHDs for that license
calculated under paragraph (c)(2)(v)(B) of this section and divide by
the number in Column E of Table 7 to this part (Subset of Qualifying
Years). This yields the Average Percentage as presented in the
following equation:
[sum]
Percentages of the THDlf / Subset of Qualifying
Yearsf = Average Percentageif
(D) Divide the Average Percentage in paragraph (c)(2)(v)(C)
of this section for a permit and fishery by the Sum of all Average
Percentages for all permits for that fishery as presented in the
following equation:
Average Percentageif / [sum]
Average
Percentagesf = Percentage of the Total Percentagesif
(E) Multiply the Percentage of the Total Percentages in
paragraph (c)(2)(v)(E) of this section by the Initial QS Pool as
described in Table 8 to this part. This yields the unadjusted number of
QS units derived from a permit for a fishery.
(F) Multiply the unadjusted number of QS units in paragraph
(c)(2)(v)(E) of this section by 3 percent. This yields the number of QS
units to be allocated.
(G) Determine the percentage of legal landings in the subset of
qualifying years associated with a permit that were processed on that
vessel and multiply the amount calculated in paragraph (c)(2)(v)(F) of
this section by this percentage. This yields the amount of CPC QS to be
allocated.
(H) Determine the percentage of legal landings in the subset of
qualifying years associated with a permit that were not processed on
that vessel and multiply the amount calculated in paragraph
(c)(2)(v)(F) of this section by this percentage. This yields the amount
of CVC QS to be allocated.
(I) Determine the percentage of legal landings associated with a
permit in the subset of qualifying years that were delivered in each
region as defined in paragraph (b)(2) of this section. The amount
calculated in paragraph (c)(2)(v)(H) of this section is multiplied by
the percentage for each region.
(J) The percentage calculated in paragraph (c)(2)(v)(I) of this
section may be adjusted according to the provisions at paragraphs
(c)(3) and (c)(4) of this section. The amount calculated in paragraph
(c)(2)(v)(H) of this section is multiplied by the percentage for each
region. These regional QS designations do not apply in the CVC QS
sector until July 1, 2008.
(vi) Sunken vessel provisions. (A) If a person applies for CVO QS
or CPO QS based, in whole or in part, on the activities of a vessel
that sank, the Regional Administrator shall presume landings for that
vessel for the crab fishing years between the time of vessel loss and
the replacement of the vessel under Sec. 679.40(k)(5)(v). These
presumed landings shall be equivalent to 50 percent of the average
legal landings for the qualifying years established in Column B of
Table 7 to this part unaffected by the sinking. If the vessel sank
during a qualifying year, the legal landings for that year will not be
used as the basis for presumed landings;
(B) If a person applies for CVO QS or CPO QS based, in whole or in
part, on the activities of a vessel that sank and:
(1) The person who owned the vessel that sank would have been
denied eligibility to replace a sunken vessel under the provisions of
Public Law 106-554; and
(2) The vessel that sank was replaced with a newly constructed
vessel, with that vessel under construction no later than June 10,
2002. For purposes of this section a vessel is considered under
construction once the keel for that vessel has been laid; and
(3) The newly constructed vessel participated in any Bering Sea
crab fishery no later than October 31, 2002;
(4) Then the Regional Administrator shall presume landings for that
vessel for the crab fishing years between the time of vessel loss and
the replacement of the vessel. These presumed landings shall be
equivalent to 50 percent of the average legal landings for the
qualifying years established in Column B of Table 7 to this part
unaffected by the sinking. If the vessel sank during a qualifying year,
the legal landings for that year will not be used as the basis for
presumed landings.
(vii) Interim LLP license history exemption. An applicant for CVO
or CPO QS who:
(A) Deployed a vessel in a crab QS fishery under the authority of
an interim LLP license;
(B) Transferred a permanent fully transferable LLP license for use
in that crab QS fishery to insure that the vessel would remain
authorized to participate in the fishery following the invalidation of
the interim LLP license; and
(C) Received that permanent fully transferable LLP license by
transfer before January 1, 2002, may choose to use as the legal
landings which are the basis for QS allocation on his or her
Application for Crab QS or PQS either:
(D) The legal landings made on that vessel that gave rise to the
interim crab LLP license for that crab QS fishery prior to the transfer
of the permanent fully transferable LLP license for use on that vessel;
or
(E) The legal landings made on the vessel that gave rise to the
permanent fully transferable LLP license and the legal landings made
under the authority of that same LLP license in that crab QS fishery
prior to January 1, 2002.
(3) Adjustment of CVO and CVC QS allocation for North and South
regional designation. The Regional Administrator may adjust the
regional designation of QS to ensure that it is initially allocated in
the same proportion as the regional designation of PQS for that crab QS
fishery. A person (p) who would receive QS based on the legal landings
in only one region, will receive QS with only that regional
designation. A person who would receive QS with more than one regional
designation for that crab QS fishery would have his or her QS holdings
regionally adjusted on a pro rata basis as follows:
(i) Determine the ratio of the Initial PQS pool in the North and
South regions.
(ii) Multiply the Initial QS pool by the ratio of North and South
PQS. This will yield the target North QS pool and the target South QS
pool.
(iii) Sum the QS for all persons who are eligible to receive North
QS. This is the unadjusted North QS pool.
(iv) Repeat the procedure in paragraph (c)(3)(iii) of this section
for the South Region. This is the unadjusted South QS pool.
(v) To calculate the amount of North QS available to all persons
holding both North and South region QS, subtract the amount of QS for
persons receiving North QS only from the unadjusted North QS pool as
presented in the following equation:
[[Page 63295]]
Unadj. North QS - North QS only = North QS for [North &
South]
QS holders.
(vi) To calculate the amount of South QS available to all persons
holding both North and South region QS, subtract the amount of QS for
persons receiving South QS only from the unadjusted South QS pool as
presented in the following equation:
Unadj. South QS - South QS only = South QS for [North &
South]
QS holders.
(vii) Subtract the Unadjusted North QS pool from the Target North
QS pool to calculate the number of QS units that will be applied to the
North QS pool to adjust the regional designations. This amount is the
Adjustment Amount as presented in the following equation:
Unadj. North QS - Target North QS pool = Adjustment
Amount
(viii) Divide the Adjustment Amount by the unadjusted North QS pool
for North and South QS holders. This yields the regional adjustment
factor (RAF) for each person as presented in the following equation:
Adj. Amount / unadjusted North QS pool for [North & South]
QS
holders = RAF
(ix) For each person who holds both North and South Region QS, the
QS adjustment (QS Adj. (p) to that person's Unadjusted North QS is
expressed in the following equation as:
QS adj. p = Unadjusted North QS p x RAF
(x) If the QS adjustment for person (p) is negative, the QS
adjustment for that person is subtracted from that person's unadjusted
North QS amount and added to that person's unadjusted South QS. If the
QS adjustment for person (p) is positive, the QS adjustment for that
person is added to that person's unadjusted North QS amount and
subtracted from that person's unadjusted South QS. These adjustments
will yield the regional adjustment QS amounts for that person.
(4) Regional designation of Western Aleutian Islands golden king
crab. Fifty percent of the CVO and CVC QS that is issued in the WAG
crab QS fishery will be initially issued with a West regional
designation. The West regional designation applies to QS for delivery
West of 174[deg]
N. longitude. The remaining 50 percent of the CVO and
CVC QS initially issued for this fishery is not subject to regional
designation (Undesignated QS). A person (p) who would receive QS based
on the legal landings in only one region, will receive QS with only
that regional designation. A person who would receive QS with more than
one regional designation for that crab QS fishery would have his or her
QS holdings regionally adjusted on a pro rata basis as follows:
(i) The West QS pool is equal to 50 percent of the initial QS pool.
(ii) The Undesignated QS pool is equal to 50 percent of the initial
QS pool.
(iii) Sum the QS for all persons who are eligible to receive West
QS. This is the unadjusted West QS pool.
(iv) Repeat the procedure in paragraph (c)(4)(iii) of this section
for the Undesignated Region. This is the unadjusted Undesignated QS pool.
(v) To calculate the amount of West QS available to all persons
holding both West and Undesignated region QS, subtract the amount of QS
for persons receiving West QS only from the unadjusted West QS pool as
presented in the following equation:
Unadj. West QS - West QS only = West QS for [West &
Undesignated]
QS holders
(vi) To calculate the amount of Undesignated QS available to all
persons holding both West and Undesignated region QS, subtract the
amount of QS for persons receiving Undesignated QS only from the
unadjusted Undesignated QS pool as presented in the following equation:
Unadj. Undesignated QS - Undesignated QS only =
Undesignated QS for [West &Undesignated]
QS holders
(vii) Subtract the Unadjusted West QS pool from the Target West QS
pool to calculate the number of QS units that will be applied to the
West QS pool to adjust the regional designations. This amount is the
Adjustment Amount as presented in the following equation:
Unadj. West QS - Target West QS pool = Adjustment Amount
(viii) Divide the Adjustment Amount by the unadjusted West QS pool
for West and Undesignated QS holders. This yields the regional
adjustment factor (RAF) for each person as presented in the following
equation:
Adj. Factor / unadjusted West QS pool for West & Undesignated QS
holders = RAF
(ix) For each person who holds both unadjusted West and
Undesignated Region QS, the QS adjustment (QS Adj. p) to that person's
Unadjusted West QS is expressed in the following equation as:
QS adj. p = Unadjusted West QS p x RAF
(x) If the QS adjustment for person (p) is negative, the QS
adjustment for that person is added to that person's unadjusted West QS
amount and subtracted from that person's unadjusted Undesignated QS. If
the QS adjustment for person (p) is negative, the QS adjustment for
that person is subtracted from that person's unadjusted West QS amount
and added to that person's unadjusted Undesignated QS. These
adjustments will yield the regional adjustment QS amounts for that person.
(d) Crab PQS and Crab PQS Fisheries--(1) General. The Regional
Administrator shall initially assign to qualified persons defined in
paragraph (d)(3) of this section crab PQS specific to crab QS fisheries
defined in paragraph (a)(1) of this section. The crab PQS amount issued
will be based on total legal processing of crab made in those crab QS
fisheries. PQS shall yield annual IPQ as defined under paragraph (j) of
this section.
(2) Regional Designations. For each crab QS fishery, PQS shall be
initially regionally designated based on the legal processing that gave
rise to the PQS as follows:
(i) North PQS if the processing that gave rise to the PQS for a
crab QS fishery occurred in the Bering Sea subarea north of 56[deg]20'
N. lat.; or
(ii) South PQS if the processing that gave rise the PQS for a crab
QS fishery did not occur in the North Region, and PQS allocated to the
WAI crab QS fishery; or
(iii) West PQS for a portion of the PQS allocated to the WAG crab
QS fishery subject to the provisions under paragraph (e)(2) of this
section; or
(iv) Regional designations do not apply (Undesignated) to:
(A) That portion of the WAG crab QS fishery that is not regionally
designated as West Region PQS; and
(B) The BST crab QS fishery.
(v) The specific regional designations that apply to PQS in each of
the crab QS fisheries are described in paragraph (b)(2)(iii) of this
section.
(3) Qualified person, for the purposes of PQS issuance, means a
person, as defined at Sec. 679.2, who at the time of application for
PQS is a U.S. citizen, or a U.S. corporation, partnership, association,
or other entity, and who:
(i) Legally processed any crab QS species established in paragraph
(a)(1) of this section during 1998 or 1999 as demonstrated on the
official crab rationalization record; or
(ii) Did not legally process any crab QS species during 1998 or
1999 according to the official crab rationalization record, but who:
(A) Processed BSS crab QS species in each crab season for that
fishery during the period from 1988 through 1997; and
(B) From January 1, 1996, through June 10, 2002, invested in a
processing facility, processing equipment, or a vessel for use in
processing operations, including any improvements made to existing
facilities with a total expenditure in excess of $1,000,000; or
(C) Is the person to whom the history of legal processing of crab
has been transferred by the express terms of a written contract that
clearly and unambiguously provides that such legal processing of crab
has been transferred.
[[Page 63296]]
This provision would apply only if that applicant for PQS:
(1) Legally processed any crab QS species established in Sec.
680.40(a)(1) during 1998 or 1999, as demonstrated on the official crab
rationalization record; or
(2) Received history of crab processing that was legally processed
during 1998 or 1999, as demonstrated on the official crab
rationalization record.
(iii) Qualified persons, or their
successors-in-interest, must exist at the time of
application for PQS;
(iv) A former partner of a dissolved partnership or a former
shareholder of a dissolved corporation who would otherwise qualify as a
person may apply for PQS in proportion to his or her ownership interest
in the dissolved partnership or corporation;
(v) Evidence of ownership interest in a dissolved partnership or
corporation, association, or other entity shall be limited to corporate
documents (e.g., articles of incorporation) or notarized statements
signed by each former partner, shareholder or director, and specifying
their proportions of interest; and
(vi) A person who has acquired a processing corporation,
partnership, or other entity that has a history of legal processing of
crab is presumed to have received by transfer all of that history of
legal processing of crab unless a clear and unambiguous contract
establishes otherwise.
(4) Qualification for Initial Allocation of PQS--(i) Year. The
qualifying years for each crab QS fishery are designated in Table 9 to
this part.
(ii) Ownership interest. Evidence of ownership interest in a
dissolved partnership or corporation, association, or other entity
shall be limited to corporate documents (e.g., articles of
incorporation) or notarized statements signed by each former partner,
shareholder or director, and specifying their proportions of interest.
(iii) Legal Processing of crab means, for the purpose of initial
allocation of PQS, raw crab pounds processed in the crab QS fisheries
designated under paragraph (a)(1) of this section in compliance with
state and Federal permitting, landing, and reporting regulations in
effect at the time of the landing. Legal processing excludes any
deadloss, fishing conducted under a scientific activity permit, or
fishing conducted under the Western Alaska CDQ program.
(iv) Documentation. Evidence of legal processing shall be limited
to State of Alaska fish tickets, except that:
(A) NMFS may use information from a State of Alaska Commercial
Operators Annual Report, State of Alaska fishery tax records, or
evidence of direct payment from a receiver of crab to a harvester if
that information indicates that the receiver of crab differs from the
receiver indicated on State of Alaska fish ticket records; however:
(B) Information on State of Alaska fish tickets shall be presumed
to be correct for the purpose of determining evidence of legal
processing of crab. An applicant will have the burden of proving the
validity of information submitted in an application that is
inconsistent with the information on the State of Alaska fish ticket.
Except that NMFS may use information from a State of Alaska Commercial
Operators Annual Report, State of Alaska fishery tax records, or
documentation of direct payment from a receive of crab to a harvester
if that information indicated that the receiver of crab differs from
the receiver indicated on State of Alaska fish ticket records.
(e) Calculation of PQS allocation--(1) Computation for Initial
Issuance of PQS. (i) The Regional Administrator shall establish the
Total Processing Denominator (TPD) which represents the amount of
legally processed raw crab pounds in each crab QS fishery in each
qualifying year.
(ii) For each crab QS fishery, the percentage of the initial PQS
pool that will be distributed to each qualified person shall be based
on their percentage of the TPD according to the following procedure.
(A) Sum the raw crab pounds processed for each person.
(B) Divide the sum calculated in paragraph (e)(1)(ii)(A) of this
section by the TPD. Multiply by 100. This yields a person's percentage
of the TPD.
(C) Sum the TPD percentages of all persons.
(D) Divide the percentage for a person calculated in paragraph
(e)(1)(ii)(B) of this section by the sum calculated in paragraph
(e)(1)(ii)(C) of this section for all persons. This yields the average
percentage of the TPD for a person.
(E) Multiply the amount calculated in paragraph (e)(1)(ii)(D) of
this section by the PQS pool for that crab QS fishery as that amount is
defined in Table 8 to this part.
(F) Determine the percentages of legally processed crab that were
processed in each region. The percentages calculated in paragraph
(e)(1)(ii)(E) of this section are multiplied by the amount determined
within each regional designation. Regional designations will apply to
that PQS according to the provisions established in paragraphs (d)(2)
and (e)(2) of this section.
(2) Regional designation of Western Aleutian Islands golden king
crab. (i) Fifty percent of the PQS that is issued in the WAG crab QS
fishery will be issued with a West regional designation. The West
regional designation applies to PQS for processing west of 174[deg]
N.
long. The remaining 50 percent of the PQS issued for this fishery is
undesignated region PQS.
(ii) If a person owns a crab processing facility that is located in
the West region at the time of application, that person will receive
West PQS only. If a person applies to receive PQS and does not own a
crab processing facility located in the West region at the time of
application, then that person will receive West region and Undesignated
Region PQS. Expressed algebraically, for any person (p) allocated both
West region PQS and undesignated region PQS the formula is as follows:
(A) PQSWest = PQS x 0.50
(B) PQSUnd. = PQS x 0.50
(C) PQSWest for PQSWest!&!Und. holders =
PQSWest - PQSWest!only
(D) PQSWest for Personp = PQSp
x PQSWest for PQSWest!&!Und. holders/
(PQSWest for PQSWest!&!Und. holders +
PQSUnd)
(E) PQSUnd. for Personp = PQSp
x PQSUnd./(PQSUnd. for PQSWest!&!Und.
holders + PQSUnd.)
(iii) For purposes of the allocation of PQS in the WAG crab fishery:
(A) Ownership of a processing facility is defined as:
(1) A sole proprietor; or
(2) A relationship between two or more entities in which a person
directly or indirectly owns a 10 percent or greater interest in
another, or a third entity directly or indirectly owns a 10 percent or
greater interest in both.
(B) A processing facility is a shoreside crab processor or a
stationary floating crab processor.
(f) Application process--(1) General. The Regional Administrator
will issue QS and/or PQS to an applicant if an Application for Crab QS
or PQS is completed and is submitted by or on behalf of the applicant
during the specified application period, and if the applicant meets all
criteria for eligibility and allocation as specified at paragraphs
(b)(3) and (d)(3) of this section.
(i) The Regional Administrator will send application materials to
the person identified by NMFS as an eligible applicant based on the
official crab rationalization record. An application form may also be
obtained from the Internet or requested from the Regional
Administrator.
(ii) An Application for Crab QS or PQS may be submitted by mail,
P.O. Box 21668, Juneau, AK 99802, facsimile,
907-586-7557, or hand delivery to the
[[Page 63297]]
National Marine Fisheries Service, 709 West 9th Street, Room 420A,
Juneau, AK.
(iii) An application that is postmarked, faxed, or hand delivered
after the ending date for the application period for the Crab QS
Program specified in the Federal Register will be denied.
(2) Contents of application. A complete Application for Crab QS or
PQS must be signed by the applicant, or the individual representing the
applicant, and include the following, as applicable:
(i) Type of QS or PQS for which the person is applying.
(A) If applying for CVO QS or CPO QS, answer questions (f)(2)(ii)
through (f)(2)(iv) of this section;
(B) If applying for CVC QS or CPC QS, answer questions (f)(2)(ii),
(f)(2)(iii) and (f)(2)(v) of this section;
(C) If applying for PQS, answer questions (f)(2)(ii), (f)(2)(iii)
and (f)(2)(vi) of this section.
(ii) Applicant information.
(A) The name, permanent business mailing address, business
telephone, business facsimile, business e-mail of the applicant;
(B) NMFS Person ID (if applicable);
(C) Tax ID/social security number (SSN);
(D) Indicate (YES or NO) whether applicant is a U.S. citizen; if
YES, his or her date of birth;
(E ) Indicate (YES or NO) whether applicant is a U.S. corporation,
association, or other business entity; if YES, the date of
incorporation;
(F) Indicate (YES or NO) whether applicant is deceased; if YES,
date of death. A copy of the death certificate must be attached to the
application;
(G) Indicate (YES or NO) whether applicant described in paragraph
(f)(2)(ii)(E) of this section is no longer in existence; if YES, date
of dissolution. Valid evidence of dissolution must be attached to the
application;
(iii) Type of crab QS;
(iv) CVO or CPO QS;
(A) For vessels whose catch histories are being claimed for purpose
of the crab QS program: include name of the vessel, ADF&G vessel
registration number, USCG documentation number, moratorium crab permit
number(s) or crab LLP license number(s) held by the applicant and used
on that vessel, qualifying years or seasons fished, and dates during
which those permits were used on that vessel;
(B) Indicate (YES or NO) whether applicant purchased an LLP crab
license and vessel identification if a person purchased an LLP crab
license prior to January 1, 2002, for purposes of remaining in a crab
QS fishery. If YES, include LLP crab license number, ADF&G vessel
registration number, USCG documentation number, and name of vessel.
(C) Indicate (YES or NO) whether QS is being claimed for a vessel
that was lost or destroyed. If YES, include the vessel name, ADF&G
registration number, USCG documentation number of the lost or destroyed
vessel, and the date the vessel was destroyed or lost;
(D) Indicate (YES or NO) whether the lost or destroyed vessel
described in paragraph (f)(2)(iv)(C) of this section was replaced with
a newly constructed vessel. If YES, include the vessel name, ADF&G
vessel registration number, USCG documentation number of the
replacement vessel, date of vessel construction, date of entry into the
fishery, and provide documentation of participation by October 31, 2002
by the new vessel in a Bering Sea crab fishery;
(E) Indicate (YES or NO) whether applying for CPO QS. If YES,
attach documentation of processing crab onboard a vessel authorized by
an LLP crab license in 1998 or 1999, including harvest area, date of
landing, and crab species;
(v) CVC or CPC QS.
(A) Indicate (YES or NO) whether applicant has at least one landing
in three of the qualifying years for each crab species for which
applying for QS (see Table 7 to this part).
(B) Indicate (YES or NO) whether applicant is a recent participant
in a crab QS fishery. Recent participation is defined in Table 7 to
this part.
(C) In answer to paragraph (f)(2)(v)(B) of this section in YES,
enter State of Alaska Interim Use Permit number, name, ADF&G vessel
registration number, USCG documentation number of vessel on which
harvesting occurred; qualifying years or seasons fished by QS fishery,
and the dates during which those permits were used on that vessel;
(D) Indicate (YES or NO) whether a person is applying as the
successor-in-interest to an eligible applicant. If YES,
attach to the application documentation proving the person's status as
a successor-in-interest to and valid evidence of the
death of that eligible applicant;
(vi) Processor QS.
(A) Indicate (YES or NO) whether applicant processed any of the
crab species included in the Crab QS program (see Table 1 to this part)
in 1998 or 1999.
(B) If answer to paragraph (f)(2)(vi)(A) of this section is YES,
enter the following information for each processing facility where QS
crab were processed through which applicant is claiming eligibility for
BSAI crab PQS:
(1) Facility name and ADF&G processor code;
(2) Qualifying years or seasons by fishery;
(C) If answer to paragraph (f)(2)(vi)(A) of this section is NO,
indicate (YES or NO) whether applicant is claiming eligibility under
hardship provisions;
(D) If answer to paragraph (f)(2)(vi)(C) is YES, both of the
following provisions must apply to a processor to obtain hardship
provisions; attach documentation of both to the application:
(1) Processed QS crab in 1998 or 1999, or processed BSS crab
between 1988 and 1997; and
(2) Invested a total expenditure of $1,000,000 for any processing
facility, processing equipment, or a vessel for use in processing
operations, including any improvements made to existing facilities made
from 1996 to 2002;
(E) Indicate (YES or NO) whether applicant has entered into a
Community Right of First Refusal (ROFR) contract, pertaining to the
transfer of any PQS and/or IPQ issued as a result of this application,
with a community. If YES, attach to the application the following:
(1) Copy of signed contract for community ROFR consistent with
paragraph (f)(3) of this section;
(2) Contract that the legal processing history and rights to apply
for and receive PQS based on that legal processing history have been
transferred or retained; and
(3) Any other information deemed necessary by the Regional
Administrator.
(F) If applicant is applying to receive WAG PQS, indicate (YES or
NO) whether applicant owns a crab processing facility in the West
region (see paraggraph (b)(2)(iii) of this section);
(vii) Applicant signature and certification. Printed name and
signature of applicant and date signed. If the application is completed
by an authorized representative, then a proof of authorization must
accompany the application.
(3) Contract provisions for community right of first refusal (ROFR)
in Application for Crab QS or PQS. (i) To be complete, an Application
for Crab QS or PQS from a person based on legal processing that
occurred in an ECC must also include a contract for ROFR that includes
the terms listed in paragraph (m) of this section and is signed by the
applicant for initial allocation of PQS and the ECC entity designated
under Sec. 680.41(j)(2).
[[Page 63298]]
(ii) To be complete, an Application for Crab QS or PQS from a
person based on legal processing that occurred in the Gulf of Alaska
north of a line at 56[deg]20' N. lat. must also include a contract for
ROFR that includes the terms listed in paragraph (m) of this section
and is signed by the applicant for initial allocation of PQS and the
ECC entity designated by the by the City of Kodiak and Kodiak Island
Borough under Sec. 680.41(j)(2).
(4) Application evaluation. The Regional Administrator will
evaluate Applications for Crab QS and PQS submitted during the
specified application period and compare all claims in the application
with the information in the official crab rationalization record.
Claims in the application that are consistent with information in the
official crab rationalization record will be accepted by the Regional
Administrator. Inconsistent claims in the Applications for Crab QS or
PQS, unless verified by documentation, will not be accepted. An
applicant who submits inconsistent claims, or an applicant who fails to
submit the information specified in paragraph (f)(2) of this section,
will be provided a single 30-day evidentiary period as provided
in paragraph (f)(5) of this section to submit the specified
information, submit evidence to verify his or her inconsistent claims,
or submit a revised application with claims consistent with information
in the official crab rationalization record. An applicant who submits
claims that are inconsistent with information in the official crab
rationalization record has the burden of proving that the submitted
claims are correct.
(5) Additional information or evidence. The Regional Administrator
will evaluate additional information or evidence to support an
applicant's inconsistent claims submitted prior to or within the
30-day evidentiary period. If the Regional Administrator
determines that the additional information or evidence meets the
applicant's burden of proving that the inconsistent claims in his or
her application are correct, the official crab rationalization record
will be amended and the information will be used in determining whether
the applicant is eligible for QS or PQS. However, if the Regional
Administrator determines that the additional information or evidence
does not meet the applicant's burden of proving that the inconsistent
claims in his or her application are correct, the applicant will be
notified by an IAD, that the applicant did not meet the burden of proof
to change the information in the official crab rationalization record.
(6) 30-day evidentiary period. The Regional Administrator
will specify by letter a single 30-day evidentiary period during
which an applicant may provide additional information or evidence to
support the claims made in his or her application, or to submit a
revised application with claims consistent with information in the
official crab rationalization record, if the Regional Administrator
determines that the applicant did not meet the burden of proving that
the information on the application is correct through evidence provided
with the application. Also, an applicant who fails to submit
information as specified in paragraphs (b)(3)(iii) and (b)(3)(iv) of
this section will have 30 days to provide that information. An
applicant will be limited to one 30-day evidentiary period per
application. Additional information or evidence, or a revised
application, received after the 30-day evidentiary period
specified in the letter has expired will not be considered for purposes
of the IAD.
(7) Right of First Refusal (ROFR) Contract Provisions. If an
applicant submits an Application for Crab QS and PQS that does not
contain the contract provisions for community ROFR, as specified in
paragraphs (f)(2)(vi)(E) and (m) of this section, then the Regional
Administrator will not prepare an IAD on unverified claims or issue QS
or PQS until such contract provisions have been submitted.
(8) Initial administrative determinations (IAD). The Regional
Administrator will prepare and send an IAD to the applicant following
the expiration of the 30-day evidentiary period if the Regional
Administrator determines that the information or evidence provided by
the applicant fails to support the applicant's claims and is
insufficient to rebut the presumption that the official crab
rationalization record is correct, or if the additional information,
evidence, or revised application is not provided within the time period
specified in the letter that notifies the applicant of his or her
30-day evidentiary period. The IAD will indicate the
deficiencies in the application, including any deficiencies with the
information, the evidence submitted in support of the information, or
the revised application. The IAD will also indicate which claims cannot
be approved based on the available information or evidence. An
applicant who receives an IAD may appeal pursuant to Sec. 679.43. An
applicant who avails himself or herself of the opportunity to appeal an
IAD will not receive crab QS or PQS until after the final resolution of
that appeal in the applicant's favor.
(g) Annual allocation of IFQ. IFQ is assigned based on the
underlying QS. The Regional Administrator shall assign crab IFQs to
each person who holds QS and submits a complete Annual Application for
Crab IFQ/IPQ Permit as described under Sec. 680.4. IFQ will be
assigned to a crab QS fishery with the appropriate regional
designation, QS sector, and IFQ class. This amount will represent the
maximum amount of crab that may be harvested from the specified crab QS
fishery by the person to whom it is assigned during the specified crab
fishing year, unless the IFQ assignment is changed by the Regional
Administrator because of an approved transfer, unless revoked,
suspended, or modified under 15 CFR part 904.
(h) Calculation of annual IFQ allocation--(1) General. The annual
allocation of IFQ to any person (p) in any crab QS fishery (f) will be
based on the TAC of crab for that crab QS fishery less the allocation
to the Western Alaska CDQ Program (``CDQ Reserve'') and Western
Aleutian Islands golden king crab fishery. Expressed algebraically, the
annual IFQ allocation formula is as follows:
(i) IFQ TACf = TACf - (CDQ
reservef + Allocation for the Western Aleutian Island golden
king crab fishery)
(ii) IFQpf = IFQ TACf x (QSpf/QS
poolf).
(2) Class A/B IFQ. (i) QS shall yield Class A or Class B IFQ if:
(A) Initially assigned to the CVO QS sector;
(B) Transferred to the CVO QS sector from the CPO QS sector; or
(C) After July 1, 2008, if initially issued to the CVC QS sector.
(3) Class A IFQ will be assigned to all eligible recipients.
(4) Class B IFQ will be assigned to all eligible recipients except
that Class B IFQ will not be issued to:
(i) Any person who holds PQS or IPQ;
(ii) Any person who holds QS and is affiliated with a person who
holds PQS or IPQ. Affiliation will be determined based on an annual
affidavit by each QS holder submitted as part of the Annual Application
to for Crab IFQ/IPQ Permit.
(5) Class A/B IFQ issuance ratio. (i) Class A and Class B IFQ shall
be assigned on an annual basis such that the total amount of Class A
and B IFQ assigned in a crab fishing year in each crab QS fishery for
each region will be in a ratio of 90 percent Class A IFQ and 10 percent
Class B IFQ.
(ii) The Regional Administrator will determine the amount of Class
A and Class B IFQ that is assigned to a person
[[Continued on page 63299]]
![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}