ble for public inspection (consistent with 50 CFR 603 on Confidentiality of Statistics) during business hours during the public comment period at the National Marine Fisheries Service, Northwest Regional Office, 1700 Westlake Avenue North, Seattle, WA 98109. (C) Promulgating the modification. As soon as possible following the public comment period, the Regional Director shall publish in the FEDERAL REGISTER and disseminate to local media any modification to incidental catch percentages, the reasons for the determination, and responses to comments received.

(3) Fishing permitted. The catching the retention of any species for which a nation has an allocation is permitted, provided that:

(i) The vessels of that nation have not caught:

(A) The allocation of that nation for the directed fishery species; or

(B) The maximum allowable incidental catch of that nation for any species or species group (e.g., "other species"). When vessels of a foreign nation have caught a maximum incidental catch allowance, all further fishing (as defined in § 611.2(r)(1)) by vessels of that nation must cease, except as otherwise authorized by permit, even if the allocation of the directed fishery species has not been reached. Therefore, it is essential that a foreign nation plan its fishing strategy to ensure that an incidental catch allowance is not exceeded, thereby closing its directed fishery; (ii) A directed fishery is not conducted for species or species groups except as authorized for Pacific whiting and as otherwise specifically authorized by permit; or

(iii) The fishery has not been closed for other reasons under § 611.15.

(c) Open season. Foreign fishing under this subpart is authorized from 0700 G.m.t. on June 1 and will terminate not later than 0800 G.m.t. on November 1, except as specified otherwise in a permit.

(d) Open areas. Except as prohibited in paragraph (e) of this section, foreign fishing under this subpart in permitted seaward of twelve nautical miles from the baseline used to measure the U.S. territorial sea between 39°00' N. latitude and 47°30′ N. lati

tude, and as otherwise specifically authorized by permit.

(e) Closed areas. Foreign fishing is prohibited in the following areas except as otherwise specificially authorized by permit:

(1) "Columbia River Recreational Fishery Sanctuary”—that area between 46°00′ N. latitude and 47°00′ N. latitude and east of a line connecting the following coordinates in the order listed: 46°00′ N. latitude, 124°55′ W. longitude; 46°20′ N. latitude, 124°40′ W. longitude; and 47°00' N. latitude, 125°20′ W. longitude.

(2) "Klamath River Pot Sanctuary"-that area between 41°20′ N. latitude and 41°37′ N. latitude and east of a line connecting the following coordinates in the order listed: 41°20′ N. latitude, 124°32′ W. longitude; and 41°37' N. latitude, 124°34′ W. longitude.

(f) Gear restrictions. (1) Gear other than a pelagic trawl with a minimum mesh size of 100 mm, stretched inside measure when wet after use, is prohibited. No liners are permitted in the codend of the trawl. An outer protective mesh covering (chafing gear or outer bag) may be used if:

(i) The mesh size of the chafing gear is at least two times larger than the mesh size of the inner codend;

(ii) The thread size of the chafing gear is no greater than four times the diameter of that used in the inner codend;

(iii) The coded has four riblines (spaced equi-distant around the bag) running fore and aft longitudinally to which both the chafing gear and inner codend are lashed (sewed) knot-toknot; and

(iv) The outer stretch mesh webbing is at least 10% longer than the ribline to which it is hung.

(2) Attaching any device to pelagic fishing gear or using any other means that would, in effect, make it possible to fish on the bottom is prohibited.

(3) Using any device or method which would have the effect of reducing mesh size of the codend is prohibited.

(g) Statistical reporting.-(1) Daily fishing log (daily logbook). The basis for all reports is a daily fishing log. This logbook shall be supplied by NMFS prior to entry into the fishery.

Daily catch data shall be recorded in duplicate. On-deck estimates of catch shall be made for each haul and logged before the next haul is on deck. The processed weight of each haul (factory weights) and discard weights shall be recorded accurately within 24 hours of each haul, and shall be accumulated for the fishing day (0001 G.m.t.-2400 G.m.t.) before the end of the next fishing day. The following information shall be included in the log: (i) Date.

(ii) Times of commencement and completion of each set (when the net is at fishing depth).

(iii) Vessel's positions in degrees and minutes of latitude and longitude at the time of commencement and completion of each set (when the net is at fishing depth).

(iv) Bottom depth, averaged over length of tow.

(v) Depth of gear, averaged over length of tow.

(vi) Catch to the nearest tenth of a metric ton (0.1 m.t.) of Pacific whiting in each haul.

(vii) Catch to the nearest hundredth of a metric ton (0.01 m.t.) of the following species in each haul:

(A) Jack mackerel.

(B) Pacific Ocean perch.

(C) Rockfishes (excluding Pacific ocean perch).

(D) Sablefish.

(E) Flounders.

(F) Other species.

(viii) Catch, in numbers of fish, of the following prohibited species: (A) Pacific halibut.

(B) Salmon.

(2) In addition to the requirements of § 611.9, the owner or operator of each foreign fishing vessel shall be responsible for maintaining catch and effort statistics and shall submit reports as follows to the Regional Director, Northwest Region (address: National Marine Fisheries Service, 1700 Westlake Avenue North, Seattle, Washington 98109).

(i) Daily report. From the time the NMFS estimates that 90 percent of a nation's allocation of any species (directed or incidental) has been reached, and so notifies the designated representative of that nation, the information required under § 611.9(e) (Weekly

Catch Report) shall be submitted on a daily basis and shall reach the Regional Director no later than three days after the reported fishing day.

(ii) Annual report. Each nation whose fishing vessels operate in the fishery shall report annual catch and effort statistics by May 31 of the following year in tabular form as follows: (A) Effort in hours trawled, by vessel-class, by gear-type, by month, by 2° latitude by 1° longitude statistical areas.

(B) Catch by vessel-class, by geartype, by month, by 2° latitude by 1° longitude statistical areas:

(1) To the nearest tenth of a metric ton (0.1 m.t.) for the following species or species groups: Pacific whiting, jack mackerel, Pacific ocean perch, rockfishes (excluding Pacific ocean perch) sablefish, flounders, and other species; and

(2) In numbers of fish for Pacific halibut and salmon.

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(iii) Daily logbook. The logbook shall be available for inspection by the NMFS or U.S. Coast Guard personnel who at any time may remove the original copy. All original entries in the daily logbook (excluding those moved by the NMFS or U.S. Coast Guard personnel) shall be submitted to the Regional Director within three weeks after termination of a fishery. Duplicate copies shall be retained on the foreign vessel during the permit period or until all fishing or fish products produced under a permit for the Washington, Oregon, California FCZ are transferred, whichever is longer.

(iv) Report of fish on board when entering fishery. Before operating in this fishery, the owner or operator of each foreign vessel with fish on board shall report to the Regional Director the species and amounts of fish on board which were harvested in any other fishery. Such reports shall be submitted in accordance with the procedures specified in § 611.4(b). Any fish on board not so reported will be presumed to have been harvested in this fishery.

[46 FR 27486, May 20, 1981]

Subpart F-Western Pacific Ocean

§ 611.80 Seamount groundfish fishery.

(a) Purpose. This subpart regulates all foreign fishing for pelagic armorheads and alfonsins conducted under a Governing International Fishery Agreement in the fishery conservation zone of the western Pacific Ocean.

(b) Authorized fishery—(1) Allocations. Foreign vessels may engage in fishing only in accordance with applicable national allocations.

(2) TALFF, DAH, DAP, JVP, Reserve. The total allowable level of foreign fishing (TALFF), domestic annual harvest (DAH), joint venture processing (JVP), and reserve for seamount groundfish are listed in Appendix 1 to § 611.20. These specifications are valid for each calendar year unless amended.

(3) Species definitions. The category "other groundfish" used in TALFFS and in allocations includes all species of finfish caught incidental to directed fishing for pelagic armorheads and alfonsins except billfish, oceanic sharks, wahoo, and mahimahi, and other fish caught pursuant to § 611.81.

(4) Open Season. Foreign fishing authorized under this subpart may begin at 0800 G.m.t. on May 1 and will terminate not later than 0800 G.m.t. on October 1. This fishery may also be closed in accordance with § 611.15.

(c) Prohibited species. All Continental Shelf fishery resources, and all other species of fish except for alfonsins, armorheads and other groundfish, are prohibited species and shall be treated in accordance with § 611.13.

(d) Open area. Foreign vessels may engage in fishing for pelagic armorheads, alfonsins, and other groundfish only in those portions of the fishery conservation zone west of the 180° meridian and north of 28° N. latitude.

(e) Gear restrictions. No gear other than trawl or bottom longline gear may be used.

(f) Collection, maintenance and, reporting of data. In addition to the requirements of § 611.9, each foreign nation or foreign fishing vessel shall collect, maintain, or report on a timely basis, accurate data relating to fishing operations as specified in this section. All submissions required by this sec

tion shall be sent to the Regional Director, Southwest Region, National Marine Fisheries Service, 300 South Ferry Street, Terminal Island, California 90731 or, in the case of logbook data, hand delivered to the National Marine Fisheries Service observer on board the vessel upon his request. The following logs and reports are required:

(1) Fishing log. (i) Each fishing vessel which conducts trawling operations shall maintain and submit a fishing log which contains data for each haul as follows:

(A) Vessel name and permit number; (B) Date;

(C) Codend mesh size to the nearest millimeter;

(D) Length of the footrope to the nearest tenth of a meter (0.1 m.) and average distance between footrope and headrope to the nearest tenth of a meter (0.1 m.);

(E) Time at the beginning of the haul and the total duration of the haul to the nearest five (5) minutes;

(F) Location at the midpoint of each haul to the nearest tenth (0.1) minute of latitude and longitude;

(G) Average depth of the seabottom to the nearest meter;

(H) Average fishing depth of the footrope to the nearest meter;

(I) Average fishing speed of the vessel (towing speed) to the nearest tenth of a knot (0.1 kt);

(J) Catch, by individual species, to the nearest tenth of a metric ton (0.1 m.t.); and

(K) Approximate weight (kilograms, by genus, of the incidental catch of the corals designated in § 611.2(h) of this part.

(ii) Each fishing vessel which conducts longlining operations shall maintain and submit a fishing log which contains data for each fishing day as follows:

(A) Vessel name and permit number; (B) Date;

(C) Midday location of fishing, to the nearest tenth (0.1) minute of latitude and longitude;

(D) Average depth of hooks set, in meters;

(E) Number of hooks set and average soak time;

(F) Number of fish caught, by species, for pelagic armorhead, alfonsin, and other groundfish species.

(iii) If the fishing log is not delivered to a National Marine Fisheries Service observer on board the vessel, it shall be mailed to the Regional Director not later than 30 days following completion of fishing.

(2) Annual report. Each nation whose vessels engage in the seamount groundfish fishery shall submit by February 28 of the following year, annual catch and effort statistics as follows:

(i) Catch in metric tons by gear type by month by area to the nearest onehalf degree (0.5°) latitude and by one degree (1°) longitude, by the following species groupings; pelagic armorhead, alfonsin, other groundfish;

(ii) Catch in kilograms of corals taken incidental to fishing operations by month by area to the nearest onetenth degree (0.1°) latitude and longitude by the following species groupings: pink coral, gold coral, bamboo coral, other corals; and

(iii) Effort, in hours trawled or average number of hooks soaked per 24hour period, by month by area to the nearest one-half degree (0.5°) latitude and one degree (1°) longitude.

(16 U.S.C. 1801 et seq.)

[43 FR 59293, Dec. 19, 1978, as amended at 44 FR 17184, Mar. 21, 1979; 44 FR 76541, Dec. 27, 1979; 45 FR 14587, Mar. 6, 1980; 46 FR 7386, Jan. 23, 1981]

§ 611.81 Pacific billfish, oceanic sharks, wahoo, and mahimahi fishery.

(a) Purpose-(1) General. This section regulates all foreign lingline fish

ing conducted under a Governing International Fishery Agreement which involves the catching of any species of billfish, oceanic shark, wahoo, or mahimahi (dolphin) in the fishery conservation zone (FCZ) of the United States in the Pacific Ocean, excluding the portion of the FCZ seaward of Alaska.

(2) Species definitions. For the purposes of this section, the following terms have the following meanings: (i) "Mahimahi" means "dolphin fish" (Coryphaena hippurus and Coryphaena equisetis); (ii) “oceanic sharks" means sharks of the families Carcharhinidae, Alopiidae, Sphyrnidae, and Lamnidae; (iii) “billfish" means broadbill swordfish (Xiphias gladius), blue marlin (Makaira nigricans), black marlin (Makaira indica), striped marlin (Tetrapturus audax), sailfish (Istiophorus platypterus), and shortbill spearfish (Tetrapturus angustirostris); and (iv) “wahoo” means fish of the species Acanthocybium solanderi.

(b) Authorized fishery-(1) Regulatory areas. For the purposes of this section, the FCZ of the Pacific Ocean (excluding the FCZ seaward of Alaska) is divided into five regulatory areas: West Coast, Guam and the Northern Mariana Islands, Hawaii and Midway Islands, American Samoa, and U.S. Possessions (Table 1).

(2) Zones. The regulatory areas are comprised of the following "billfish retention" and "billfish non-retention" zones (each zone is measured from the baseline used to measure the U.S. territorial sea):

(3) General. Foreign vessels subject to this section are authorized to fish in the U.S. FCZ of the Pacific Ocean (excluding the FCZ seaward of Alaska) beyond 12 miles from the baseline used to measure the U.S. territorial sea, subject to the requirements of this section.

(i) Non-retention fishery. Except as provided in paragraph (b)(3)(ii) of this section, all billfish, oceanic sharks, wahoo, mahimahi, and other fish caught by foreign vessels in the course of fishing under this section shall be returned to the sea in accordance with the requirements of paragraph (c) of this section.

(ii) Retention fishery. Foreign vessels fishing subject to this section may retain billfish, oceanic sharks, wahoo, and mahimahi to the extent that retention is authorized by paragraphs (b)(4) and (5) of this section.

(4) Total allowable level of foreign fishing (TALFF), joint venture processing (JVP), national allocations, and reserves-(i) TALFF and national allocations. (A) The total amount of each species of billfish, oceanic sharks, wahoo, and mahimahi which may be caught and retained in each regulatory area by foreign vessels subject to this section is limited to the TALFF set out for each applicable regulatory area in Appendix I of § 611.20, and to the amount of the applicable national allocation.

(B) No foreign vessel subject to this section may catch and retain billfish within the billfish non-retention zones set out in Table I of paragraph (b)(2) of this section.

(ii) Reserves-(A) Amounts. The amounts of fish held in reserve are stated in Appendix I of § 611.20.

(B) Determination. (1) As soon as practicable after September 1 of each year, the Regional Director, Southwest Region, shall determine, for each

species for which a reserve has been established, the amount of fish which has been harvested to date by U.S. vessels in each applicable regulatory area.

(2) If the Regional Director determines that the amount of fish of a species harvested by vessels of the United States in an area is less than 80 percent of the expected domestic harvest for that species in that area, the Regional Director shall apportion to TALFF the entire amount of the reserve for the applicable species in the applicable regulatory area. No reserve amounts shall be apportioned to TALFF if domestic vessels have harvested 80 percent or more of the expected domestic harvest for that species in the applicable area by the date of this determination.

(C) Notice. The Assistant Administrator for Fisheries, NOAA, shall publish in the FEDERAL REGISTER a notice of each determination made under paragraph (b)(4)(ii)(B) of this section.

(iii) Joint venture processing. The amounts of JVP are stated in Appendix I of § 611.20.

(5) Cancellation of authority to retain. (i) The authority of a foreign vessel to retain an applicable species is cancelled:

(A) When the national allocation for the applicable species is reached; or

(B) At the date and time specified in the notification issued by the Assistant Administrator under paragraph (b)(5)(ii) of this section.

(ii) The Assistant Administrator shall determine, on the basis of the information specified in § 611.15(b), when the TALFF or optimum yield (OY) for a billfish species, oceanic sharks, wahoo, or mahimahi in a regulatory area will be reached. At least forty-eight hours before the applicable TALFF or OY will be reached, the Assistant Administrator shall notify both the affected foreign nation(s) and the