under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. Recreational fishing means fishing with authorized recreational fishing gear for personal use only, and not for sale or barter. Regional Director means the Northwest Regional Director, National Marine Fisheries Service, 7600 Sand Point Way N.E., BIN C15700, Seattle, Washington 98115. For fisheries occurring primarily or exclusively in the fishery management area seaward of California, Regional Director means the Northwest Regional Director, National Marine Fishereis Service, acting upon the recommendation of the Southwest Regional Director, National Marine Fisheries Service, 300 South Ferry Street, Terminal Island, California 90731. Secretary means the Secretary of Commerce or the person(s) to whom appropriate authority has been delegated. Trip limit means the total allowable amount of a groundfish species or species complex by weight, or by percentage of weight of fish on board, which may be landed from a single fishing trip. All weights are in round weight (the weight of the whole fish) unless specified otherwise. Vessel of the United States means (a) a vessel documented or numbered by the U.S. Coast Guard under U.S. law; or (b) a vessel, under five net tons, which is registered under the laws of any State. [47 FR 43974, Oct. 5, 1982; 48 FR 13048, Mar. 29, 1983, as amended at 49 FR 27519, July 5, 1984] tional Boundary between the United States and Canada (United States Convention waters) is governed by the Convention for the Protection, Preservation, and Extension of the Sockeye Salmon Fishery of the Fraser River System as amended by the Pink Salmon Protocol (see Part 371 of this title). (3) Anchovy. Fishing for northern anchovy in the Pacific Fishery Management Council's Pacific Anchovy Fishery Area (south of 38°00′ N. latitude) is governed by Federal regulations at Part 662 of this title. (b) State laws. This part recognizes that any State law which pertains to vessels registered under the laws of that State while in the fishery management area, and which is consistent with the Pacific Coast Groundfish Plan, including any State landing law, shall continue in effect with respect to fishing activities regulated under this part. [47 FR 43974, Oct. 5, 1982; 48 FR 3623, Jan. 26, 1983] § 663.4 Reports. This part recognizes that catch and effort data necessary for implementing the Pacific Coast Groundfish Plan are collected by the States of Washington, Oregon, and California under existing State data collection requirements. Telephone surveys of domestic industry (see § 611.70(d) and § 663.24) will be conducted biannually by the National Marine Fisheries Service to determine amounts of fish which will be made available to foreign fishing and joint venture processing. No additional Federal reports are required of fishermen or processors as long as the data collection and reporting systems operated by State agencies continue to provide the Secretary with statistical information adequate for management. (Approved by the Office of Management and Budget under control number 06480114) [47 FR 43974, Oct. 5, 1982, as amended at 48 FR 34762, Aug. 1, 1983] § 663.5 Management subareas. (a) The fishery management area is divided into five subareas for the regu lation of groundfish fishing, with the following designations and boundaries: (1) Vancouver. (i) Northeastern boundary-that part of a line connecting the light on Tatoosh Island, Washington, with the light on Bonilla Point on Vancouver Island, British Colombia (at 48°35'75" N. latitude, 124°43′00′′ W. longitude) south of the International Boundary between the United States and Canada (at 48°29'37.19" N. latitude, 124°43′33.19" W. longitude), and north of the point where that line intersects with the boundary of the U.S. territorial sea. (ii) Northern and northwestern boundary is a line connecting the following coordinates in the order listed, which is the provisional international boundary of the U.S. FCZ as shown on NOAA/NOS Charts #18480 and #18007: (iii) Southern limit: 47°30′ N. latitude. (2) Columbia. (i) Northern limit: 47°30′ N. latitude; (ii) Southern limit: 43°00' N. latitude. (3) Eureka. (i) Northern limit: 43°00' N. latitude; (ii) Southern limit: 40°30' N. latitude. (4) Monterey. (i) Northern limit: 40°30′ N. latitude; (ii) Southern limit: 36°00' N. latitude. (5) Conception. (i) Northern limit: 36°00' N. latitude; (ii) Southern limit: The United States-Mexico International Boundary, which is a line connecting the following coordinates in the order listed: (b) Any person fishing subject to this part is bound by the above-described international boundaries, nothwithstanding any dispute or negotiation between the United States and any neighboring country regarding their respective jurisdictions, until such time as new boundaries are established or recognized by the United States. (c) The inner boundary of the fishery management area is a line coterminous with the seaward boundaries of the States of Washington, Oregon, and California (the "3-mile limit"). (d) The outer boundary of the fishery management area is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is a provisional or permanent international boundary between the United States and Canada or Mexico. [47 FR 43974, Oct. 5, 1982; 48 FR 13048, Mar. 29, 1983] § 663.6 Vessel identification. (a) Display. The operator of a vessel which is over 25 feet in length and is engaged in commercial fishing for groundfish must display the vessel's official number on the port and starboard sides of the deckhouse or hull, and on a weather deck so as to be vișible from above. The number must contrast with the background and be in block arabic numerals at least 18 inches high for vessels over 65 feet long and at least 10 inches high for vessels between 25 and 65 feet in length. The length of a vessel for purposes of this section is the length set forth in U.S. Coast Guard records or in State records if no U.S. Coast Guard record exists. (b) Maintenance of numbers. The operator of a vessel engaged in commercial fishing for groundfish shall keep the identifying markings required by paragraph (a) of this section clearly legible and in good repair, and must ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the official number from an enforcement vessel or aircraft. (c) Commercial passenger vessels. This section does not apply to vessels carrying fishing parties on a per-capita basis or by charter. [49 FR 27520, July 5, 1984] § 663.7 General prohibitions. It is unlawful for any person: (a) To possess, have custody or control of, ship or transport, offer for sale, sell, purchase, import, or export any groundfish taken, retained, or landed in violation of the Magnuson Act, this part, or any other regulation promulgated under the Magnuson Act; (b) To refuse to allow 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 the Magnuson Act, this part, or any other regulation promulgated under the Magnuson Act; (c) To forcibly assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in the conduct of any inspection or search described in paragraph (b) of this section; (d) To resist a lawful arrest for any act prohibited by this part; (e) To interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, with the knowledge that such other person has committed any act prohibited by this part; (f) To interfere with, obstruct, delay, or prevent by any means a lawful investigation or search conducted in the process of enforcing the Magnuson Act; (g) To transfer, or attempt to transfer, directly or indirectly, any U.S.harvested groundfish to any foreign fishing vessel within the FCZ, unless the foreign vessel has been issued a permit which authorizes the receipt of U.S.-harvested fish of the species being transferred; (h) To sell, offer to sell, or purchase any groundfish taken in the course of recreational groundfish fishing; (i) To retain any species of salmonid or Pacific halibut caught by means of fishing gear authorized under this part unless authorized by 50 CFR Parts 301, 371 or 661; (j) To falsify or fail to affix and maintain vessel and gear markings as required by § 663.6; (k) To fail to comply immediately with enforcement and boarding procedures specified in § 663.8; (1) To fish for groundfish in violation of any terms or conditions attached to an EFP under § 663.10; (m) To fish for groundfish using gear not authorized under § 663.26, or under an EFP issued under § 663.10; (n) To take and retain, or land more groundfish than specified under § 663.27, § 663.28, or under an EFP issued under § 663.10; (0) To violate any other provision of this part, the Magnuson Act, any notice issued under subpart B of this part, or any other regulation or permit promulgated under the Magnuson Act. [47 FR 43974, Oct. 5, 1982; 48 FR 13048, Mar. 29, 1983] § 663.8 Enforcement. (a) General. The operator of, or any other person aboard, any fishing vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record (where applicable), and catch for purposes of enforcing the Magnuson Act and this part. (b) Communications. (1) Upon being approached by a U.S. Coast Guard vessel or aircraft, or other vessel or aircraft with an authorized officer aboard, the operator of a fishing vessel must be alert for communications conveying enforcement instructions. (2) If the size of the vessel and the wind, sea, and visibility conditions allow, loudhailer is the preferred method for communicating between vessels. If use of a loudhailer is not practicable, and for communications with an aircraft, VHF-FM or high frequency radiotelephone will be employed. Hand signals, placards, or voice may be employed by an authorized officer and message blocks may be dropped from an aircraft. (3) If other communications are not practicable, visual signals may be transmitted by flashing light directed at the vessel signaled. Coast Guard units will normally use the flashing light signal "L" as the signal to stop. (4) Failure of a vessel's operator to stop his vessel when directed to do so by an authorized officer using loudhailer, radiotelephone, flashing light signal, or other means constitutes prima facie evidence of the offense of refusal to permit an authorized officer to board. (5) The operator of a vessel who does not understand a signal from an enforcement unit and who is unable to obtain clarification by loudhailer or radiotelephone must consider the signal to be a command to stop the vessel instantly. (c) Boarding. The operator of a vessel directed to stop must (1) Guard Channel 16, VHF-FM if so equipped; (2) Stop immediately and lay to or maneuver in such a way as to allow the authorized officer and his party to come aboard; (3) Except for those vessels with a freeboard of four feet or less, provide a safe ladder, if needed, for the authorized officer and his party to come aboard; (4) When necessary to facilitate the boarding or when requested by an authorized officer, provide a manrope or safety line, and illumination for the ladder; and (5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer and the boarding party. (d) Signals. The following signals, extracted from the International Code of Signals, may be sent by flashing light by an enforcement unit when conditions do not allow communications by loudhailer or radiotelephone. Knowledge of these signals by vessel operators is not required. However, knowledge of these signals and appropriate action by a vessel operator may preclude the necessity of sending the signal "L" and the necessity for the vessel to stop instantly. (1) "AA" repeated (.- .-) 1 2 is the call to an unknown station. The operator of the signaled vessel should respond by identifying the vessel by radiotelephone or by illuminating the vessel's identification. (2) "RY-CY” (.-. .--) means "you should proceed at slow speed, a boat is coming to you." This signal is normally employed when conditions allow an enforcement boarding without the necessity of the vessel being boarded coming to a complete stop, or, in some cases, without retrieval of fishing gear which may be in the water. (3) "SQ3" (... ...--) means "you should stop or heave to; I am going to board you." (4) "L" (.-..) means "you should stop your vessel instantly." [49 FR 9736, Mar. 15, 1984] § 663.9 Penalties. Any person or fishing vessel found to be in violation of this part will be subject to the civil and criminal penalty provisions and forfeiture provisions prescribed in the Magnuson Act, and 50 CFR Part 620 (Citations), 50 CFR Part 621 and 15 CFR Part 904 (Civil Procedures), and other applicable laws. § 663.10 Experimental fisheries. (a) General. The Secretary may authorize, for limited experimental purposes, the direct or incidental harvest of groundfish managed by the pacific Coast Groundfish Plan which would otherwise be prohibited by this part. No experimental fishing may be conducted unless authorized by an experimental fishing permit (EFP) issued by the Secretary in accordance with the criteria and procedures specified in this section. EFPS will be issued without charge. (b) Application. An applicant for an EFP shall submit to the Regional Director at least 60 days before the desired effective date of the EFP a written application including, but not limited to, the following information: (1) The date of the application; 'Period (.) means a short flash of light. 2 Dash (-) means a long flash of light. (2) The applicant's name, mailing address, and telephone number; (3) A statement of the purposes and goals of the experiment for which an EFP is needed, including a general description of the arrangements for disposition of all species harvested under the EFP; (4) A statement of whether the proposed experimental fishing has broader significance than the applicant's individual goals; (5) For each vessel to be covered by the EFP: (i) Vessel name; (ii) Name, address, and telephone number of owner and master; (iii) U.S. Coast Guard documentation, State license, or registration number; (iv) Home port; (v) Length of vessel; (6) A description of the species (directed and incidental) to be harvested under the EFP and the amount(s) of such harvest necessary to conduct the experiment; (7) For each vessel covered by the EFP, the approximate time(s) and place(s) fishing will take place, and the type, size, and amount of gear to be used; and (8) The signature of the applicant. The Secretary may request from an applicant additional information necessary to make the determinations required under this section. An applicant will be notified of an incomplete application within 10 working days of receipt of the application. An incomplete application will not be considered until corrected in writing. (Approval by Office of Management and Budget not required, under 44 U.S.C. 3506(c)(5)). (c) Issuance. (1) If an application contains all of the required information, the Secretary will publish a notice of receipt of the application in the FEDERAL REGISTER with a brief description of the proposal, and will give interested persons an opportunity to comment. The Secretary will also forward copies of the application to the Pacific Fishery Management Council, the U.S. Coast Guard, and the fishery management agencies of Oregon, Washington, California, and Idaho, accompanied by the following information: (i) The current utilization of domestic annual harvesting and processing capacity (including existing experimental harvesting, if any) of the directed and incidental species for which an EFP is being requested; (ii) A citation of the regulation or regulations which, without the EFP, would prohibit the proposed activity; and (iii) Biological information relevant to the proposal. (2) At a Pacific Fishery Management Council meeting following receipt of a complete application, the Secretary will consult with the Pacific Fishery Management Council and the Directors of the State fishery management agencies concerning the permit application. The applicant will be notified in advance of the meeting at which the application will be considered, and invited to appear in support of the application if the applicant desires. (3) Within 5 working days after the consultation in paragraph (c)(2) of this section, or as soon as practicable thereafter, the Secretary shall notify the applicant in writing of the decision to grant or deny the EFP, and, if denied, the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the following: (i) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application; or (ii) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect any species of fish in a significant way; or (iii) Issuance of the EFP would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose; or (iv) Activities to be conducted under the EFP would be inconsistent with the intent of this section or the management objectives of the Pacific Coast Groundfish Plan; or (v) The applicant has failed to demonstrate a valid justification for the permit; or |