(C) The fishing vessel's United States Coast Guard documentation number or State registration number; (D) The home port of the fishing vessel;

(E) The length and registered tonnage of the fishing vessel;

(F) The color of the fishing vessel; (G) The type of fishing gear used by the fishing vessel; and

(H) The signature of the applicant.

(iii) The information required by paragraphs (b)(2) (ii) (B)-(G) of this section shall be provided for each fishing vessel which the applicant intends to use for commercial fishing under this part. Any change in such information occurring after a permit is issued shall be reported to the Regional Director within 30 days of that change.

(iv) Each applicant shall submit State fish tickets or other equivalent documents showing the actual landing of salmon taken in the management area by the applicant with power troll gear during any one of the years 19751977.

(3) Issuance. (i) Upon receipt of a properly completed application the Regional Director promptly shall determine whether permit eligibility conditions have been met, and if so, shall issue a permit. If the permit is denied, the Regional Director shall notify the applicant in accordance with paragraph (e) of this section.

(ii) If an incomplete or improperly completed permit application is filed the Regional Director promptly shall notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days following the date of receipt of notification, the application shall be considered abandoned.

(4) Alteration. No person shall alter, erase, or mutilate any permit. Any permit that is altered, erased, or mutilated shall be invalid.

(5) Replacement. Replacement permits may be issued to replace lost or unintentionally mutilated permits. An application for a replacement permit shall not be considered a new application.

(c) Transfers. Except for emergency transfers authorized under paragraph (d) of this section, this paragraph (c) governs transfer of authorization

under this part to engage in commercial fishing for salmon.

(1) Alaska Permanent Entry Permits. (i) The authorization under paragraph (a)(1)(i) of this section transfers with the transfer of the Alaska power troll permanent entry permit. At the time the State permit is transferred, the authority of the transferor under paragraph (a)(1)(i) of this section, expires.

(ii) Any person to whom transfer of a State of Alaska power troll permanent entry permit is denied by the State may apply to the Regional Director for approval of a transfer for purposes of paragraph (a)(1)(i) of this section. The Regional Director shall approve such transfer if he determines that such person had the ability to participate actively in the fishery at the time the transfer application was filed with the State.

(A) A request for transfer under this paragraph (c)(1)(ii) shall be filed with the Regional Director within 30 days of the State's denial of the transfer, and shall include (1) all documents and other evidence submitted to the State in support of the transfer and (2) a copy of the State's decision denying the transfer.

The Regional Director may request additional information from the individual requesting transfer or from the State to aid in his consideration of the request.

(B) If the transfer is denied, the Regional Director shall notify the applicant in accordance with paragraph (e) of this section.

(C) The authorization to engage in commercial fishing for salmon that is granted under this paragraph (c)(1)(ii) is not transferable, except that such authorization may be transferred to the person who holds the Alaska power troll permanent entry permit from which such authorization was originally derived.

(D) If the authorization to engage in commercial fishing in the management area is transferred under this paragraph (c)(1)(ii) the person who holds the Alaska power troll permanent entry permit from which such authorization originally derived may not engage in commercial fishing for

salmon in the management area under paragraph (a)(1)(i) of this section, unless such authorization is trasferred to that person under paragraph (c)(1)(ii)(C) of this section and the Regional Director is so notified in writing.

(2) Other Permits. Authorization to engage in commercial fishing for salmon under paragraph (a) (1) (ii) or (iii) of this section is not transferable, except for emergency transfers under paragraph (d) of this section.

(d) Emergency Transfer. (1) The authorization to engage in the commercial salmon fishery under paragraph (a) of this section may be transferred on a temporary basis but not beyond the remainder of the calendar year, when sickness, injury, or other unavoidable hardship prevents the permittee from such fishing.

(2) Prior to any such emergency transfer, the permittee, or another person if the permittee is unable due to sickness or injury, shall submit to the Regional Director written request for an emergency transfer. Such request shall state the reasons why the permittee is prevented from fishing.

(3) Upon receipt of a request, the Regional Director promptly shall determine whether or not to authorize the emergency transfer, and shall notify the applicant in accordance with paragraph (e) of this section. The Regional Director may request additional information to aid in his determination. Such transfer shall not take effect until written authorization from the Regional Director is received.

(4) Paragraphs (d) (2) and (3) of this section apply to a holder of an Alaska power troll permit only if the State has denied an emergency transfer of that State permit. If the State has authorized an emergency transfer of a State permit, the transferee must notify the Regional Director in writing before the emergency transfer is effective for purposes of paragraph (a)(1) of this section. Such notification may be accomplished by mailing to the Regional Director a copy of the Alaska emergency tranfer request form."

(e) Appeals and Hearings. (1) A decision by the Regional Director to:

(i) Deny a permit under paragraph (b)(3)(i) of this section; or

(ii) Deny a transfer under paragraph (c) or (d) of this section, shall be in writing, shall state the facts and reasons therefore, and shall advise the applicant of the rights provided in this paragraph (e).

(2) Any decision of the Regional Director shall be final 30 days from receipt by the applicant, unless an appeal is filed with the Assistant Administrator within that time. Failure to file a timely appeal shall constitute waiver of the appeal. (Address: Assistant Administrator for Fisheries, National Marine Fisheries Service, Room 400, Page 2 Building, 3300 Whitehaven Street, N.W., Washington, D.C. 20235).

(3) Appeals under this paragraph shall be in writing and set forth the reasons why the appellant believes the Regional Director's decision was in error, and shall include any supporting facts or documentation.

(4) The appellant may, at the time the appeal is filed with the Assistant Administrator, request a hearing with respect to any disputed issue of material fact. Failure to request a hearing at this time shall constitute a waiver of the hearing. If a request for a hearing is filed, the Assistant Administrator may order a hearing if he determines that a hearing is necessary to resolve material issues of fact and shall so notify the appellant.

(5) If the Assistant Administrator orders a hearing he shall appoint a hearing examiner to conduct an informal fact finding inquiry into the matter. The hearing examiner, following the hearing, promptly shall furnish the Assistant Administrator with a report and recommendations.

(6) As soon as practicable after considering the matters raised in the appeal, and any report or recommendation of the hearing examiner in the event a hearing is held under this section, the Assistant Administrator shall notify the appellant in writing of his final decision. The notice shall summarize the findings of the Assistant Administrator and set forth the basis of the decision. The decision of the Assistant Administrator shall be final.

(f) Display. Any permit described in paragraph (a) of this section shall be on board the vessel at all times while the vessel is in the FCZ, and shall be

displayed for inspection upon request of any Authorized Officer.

(g) For purposes of this § 674.4, the definition of "person" excludes corporations, partnerships, associations or other nonhuman entities.

[44 FR 29081, May 18, 1979, as amended at 44 FR 51990, Sept. 6, 1979; 45 FR 59173, Sept. 8, 1980]

§ 674.5 Recordkeeping and reporting re

quirements.

(a) Salmon landed inside Alaska. (1) The operator of any fishing vessel subject to this part who lands salmon in Alaska, for each sale or delivery of salmon caught by such vessel, shall submit an accurately completed Alaska fish ticket.

(2) At the election of the vessel operator, the fish ticket shall be either: (i) Submitted by the vessel operator directly to the ADF&G within one week after such fish are sold or delivered; or (ii) prepared, at the request of the operator, by the purchaser (i.e., any person who receives fish for a commercial purpose from a fishing vessel subject to this part) and submitted by the purchaser to the ADF&G within one week after such fish are received by the purchaser. The fish ticket shall be submitted to the local ADF&G representative.

(b) Salmon landed outside Alaska. (1) The operator of any fishing vessel subject to this part whose port of landing is in the United States but outside Alaska, or who sells, transfers or delivers salmon in the FCZ, shall submit a completed Alaska fish ticket, or an equivalent document containing all of the information required on an Alaska fish ticket, to the ADF&G within one week after the date of each sale or delivery of any species of fish covered by these regulations. (ADF&G address: Director, Commercial Fish Division, Alaska Department of Fish and Game Headquarters, Subport Building, Juneau, Alaska 99801).

(2) An operator who, in an application for a permit under § 674.4(b)(2) or by subsequent notice, indicated that more than one vessel might be used for fishing shall state on the document submitted under paragraph (b)(1) of this section which vessel was used.

(a) To fish for, take, or retain any salmon in violation of the Act or these regulations, including but not limited to the following:

(1) During closed seasons or in closed areas specified in Subpart B of this part;

(2) By means of gear or methods prohibited by Subpart B of this part;

(3) If such salmon are less than the minimum length specified in Subpart B of this part; or

(4) In numbers exceeding the daily limit for personal use fishing as specified in Subpart B of this part.

(b) To engage in commercial fishing for salmon with power troll gear without a valid permit as set forth in § 674.4(a).

(c) To possess, have custody or control of, ship, transport, offer for sale, sell, purchase, import, land, or export any salmon taken in violation of the Act, this part, or any other regulations issued under the Act.

(d) To refuse to permit an Authorized Officer to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act, this part, or any other regulations issued under the Act.

(e) Forcibly to assault, resist, oppose, impede, intimidate, or interfere with any Authorized Officer in the conduct of any search or inspection described in paragraph (d) of this section.

(f) To resist a lawful arrest for any act prohibited by this part.

(g) To interfere with, delay, or prevent, by any means, the apprehension or arrest of another person knowing that such other person has committed any act prohibited by this part.

(h) To transfer directly or indirectly, or attempt to so transfer, any salmon harvested by a vessel of the United States to any foreign fishing vessel, while such foreign vessel is within the FCZ, unless the foreign fishing vessel has been issued a permit under section 204 of the Act which authorizes receipt by that foreign fishing vessel of

(a) General. The owner or operator of any fishing vessel subject to this part shall immediately comply with instructions issued by an Authorized Officer to facilitate safe boarding and inspection of the vessel, its gear, equipment, logs, documents, and catch for purposes of enforcing the Act and this part.

(b) Boarding. A vessel signalled to stop or heave to for boarding shall:

(1) Stop immediately and lay to or maneuver in such a way as to permit the Authorized Officer and his party to come aboard;

(2) When necessary to facilitate boarding, provide sufficient illumination; and

(3) Take such other actions as necessary to ensure the safety of the Authorized Officer and his party, and to facilitate the boarding.

and 621 (Civil Procedures), and other applicable law.

(b) Permit sanctions. Subpart D of 50 CFR Part 621 (Civil Procedures) does not apply to permits issued under this part.

Subpart B-Management Measures

§ 674.20 General.

The management measures set out in this Part are effective until amended, modified or rescinded. This Part 674 does not apply to fishing conducted under the North Pacific Fisheries Act, as amended (16 U.S.C. 1021 et seq.), and regulations issued thereunder at 50 CFR Part 210.

§ 674.21 Catch limitations.

(a) Size restrictions—(1) Minimum size limit-(i) Chinook Salmon. Only chinook salmon 28 inches or more in length may be retained.

(ii) Other salmon. There is no minimum size limit for sockeye, coho, pink or chum salmon.

(2) Method of measurement. For purposes of paragraph (a)(1)(i) of this section, a chinook salmon is measured in a straight line passing over the pectoral fin, from the tip of the snout to the tip of the tail in its natural open position (see figure 1).