International Pacific Halibut Commission, or any regulations implementing any halibut fishery management plan approved under the Act. For other regulations concerning fishing for Tanner crab and salmon see 50 CFR Part 671 and 50 CFR 674 respectively. (b) State law. Certain data collection and enforcement activities under this part will be performed by personnel of the State of Alaska under the terms of an agreement with NOAA/NMFS and the U.S. Coast Guard. (c) Delegation. The Assistant Administrator has delegated to the Regional Director authority to take actions pursuant to § 672.22 of this part, and to apportion reserves pursuant to § 672.20(c) of this part. (a) General. No vessel of the United States may fish for groundfish in the Gulf of Alaska without first obtaining a permit issued under this part. Permits shall be issued without charge. (b) Application. An applicant may obtain a permit by submitting to the Regional Director a written request containing the following information: (1) The applicant's name, mailing address, and telephone number; (2) The name of the vessel; (3) The vessel's U.S. Coast Guard documentation number or State registration number; (4) The home port of the vessel; (5) The type of fishing gear to be used; and (6) The signature of the applicant. (c) Issuance. (1) Except as provided in Subpart D of 15 CFR Part 904, upon receipt of a properly completed application, the Regional Director will issue a permit. (2) Upon receipt of an incomplete or improperly completed application, the Regional Director shall notify the applicant of the deficiency in the application. If the applicant fails to correct the deficiency within 10 days following the date of notification, the application shall be considered abandoned. (d) Notification of change. Any person who has applied for and received a permit under this section shall given written notification of any change in the information provided under paragraph (b) of this section to the Regional Director within 30 days of the date of that change. (e) Duration. A permit is valid until it expires or is revoked, suspended, or modified pursuant to Subpart D of 15 CFR Part 904. (f) Alteration. No person shall alter, erase, or mutilate any permit. Any permit that has been intentionally altered, erased, or mutilated shall be invalid. (g) Transfer. Permits issued under this part are not transferable or assignable. A permit shall be valid only for the vessel for which it is issued. (h) Inspection. Any permit issued under this part must be carried abroad the vessel whenever the vessel is fishing for groundfish. The permit shall be presented for inspection upon request of any authorized officer. (i) Sanctions. Procedures governing permit sanctions and denials are found at Subpart D of 15 CFR Part 904. (Approved by the Office of Management and Budget under control number 06480097) [45 FR 73487, Nov. 5, 1981, as amended at 48 FR 34762, Aug. 1, 1983; 49 FR 1044, Jan. 6, 1984] 8 672.5 Reporting requirements. (a) Fishing vessel reporting requirements (1) Port of landing in Alaska. The operator of any fishing vessel regulated under this part whose port of landing is in the State of Alaska shall, for each sale or delivery on land of groundfish caught in any Gulf of Alaska regulatory area, be responsible for the submission to ADF and G of an accurately completed State of Alaska fish ticket. (i) At the election of the vessel operator, the fish ticket required under this paragraph (a)(1) shall be either: (A) Submitted by the vessel operator directly to the ADF and G within one week after such fish are sold or delivered; or (B) prepared, at the request of the operator, by the purchaser and submitted by the purchaser to ADF and G within one week after such fish are received by the purchaser. For the purposes of this paragraph (a), a “purchaser" is any person who receives on land, from a fishing vessel regulated under this part, groundfish caught in any Gulf of Alaska regulatory area. (ii) In addition to the requirements of paragraph (a)(1) of this section, each operator (or purchaser, if the fish ticket is submitted in accordance with paragraph (a)(1)(i)(B) of this section) shall accurately state on each fish ticket: (A) The quantity and types of gear used; (B) The total time fished with each gear type; and (C) The total number of hauls for each gear. (2) Port of landing outside Alaska. (i) The operator of any fishing vessel regulated under this part who intends to deliver groundfish at a port of landing outside the State of Alaska, shall notify any officer of the Alaska Department of Fish and Game or the Director, Alaska Region, National Marine Fisheries Service at 907-5867221, of his expected or actual date of departure from Alaska waters. (ii) The operator of any fishing vessel regulated under this part whose port of landing is outside the State of Alaska shall, for each sale or delivery of groundfish caught in any Gulf of Alaska regulatory area, submit a completed State of Alaska fish ticket, or an equivalent document containing all of the information required on an Alaska fish ticket, together with the additional information required by paragraph (a)(1)(ii) of this section, to the ADF and G within one week after the date of each such sale or delivery. Send these documents to Director, Commercial Fish Division, Alaska Department of Fish and Game Headquarters, P.O. Box 3-2000, Juneau, Alaska 99802. (b) Processor and purchaser reporting requirements-(1) Any U.S. fish processor or purchaser (i.e., any person who receives fish for a commerical purpose from a fishing vessel subject to this part), except: (i) Any fisherman purchasing fish for his own use as bait or (ii) any foreign fishing vessel permitted to receive U.S. harvested fish at sea, shall accurately complete each written survey authorized by this section and received by the processor or purchaser from the Regional Director. (2) Surveys shall be conducted at those times considered necessary by the Regional Director, but at least twice, and no more than four times, during the fishing year. (3) Each survey shall be designed to gather the following information: (i) Changes in processing plant capacity; (ii) Changes in the availability of groundfish by species; (iii) Changes in market demand; (iv) Changes in expected utilization of processing capacity or expected purchases of groundfish species for the subsequent 12-month period; and (v) Changes in other factors which the purchaser or processor believes relevant to the accurate determination of the amounts of domestic annual processing (DAP) and domestic nonprocessed fish (DNP). (4) Completed surveys shall be returned to the Regional Director at the address and by the date specified on the survey. (c) U.S. vessels delivering to foreign processing vessels. (1) The owner or operator of any fishing vessel regulated by this section who has delivered, or intends to deliver, groundfish caught in any Gulf of Alaska regulatory area to a foreign fishing vessel at sea shall accurately complete each written survey authorized by this section and received by the owner or operator from the Regional Director. (2) Surveys shall be conducted at those times considered necessary by the Regional Director, but at least twice, and no more than four times during the fishing year. (3) Each survey shall be designed to gather the following information: (i) Changes in the number and capacity of U.S. vessels which harvest groundfish to be delivered to foreign fishing vessels at sea; (ii) Changes in regulatory areas of operation; (iii) Changes in capacity or operations of the foreign fishing vessel to which deliveries are being, or will be, made; (iv) Changes in quantities and species of groundfish expected to be delivered in the subsequent 12-month period; (v) Changes in alternative fishery opportunities available to the U.S. vessels; and (vi) Changes in other factors the owner or operator believes relevant to the accurate determination of the amount of joint venture processing (JVP). (4) Completed surveys shall be returned to the Regional Director at the address and by the date specified on the survey. (The information collection requirements in paragraph (a)(2)(ii) were approved by the Office of Management and Budget under control number 0648-0016, and paragraphs (b)(4) and (c)(4) under control number 06480114) [45 FR 73487, Nov. 5, 1981, as amended at 48 FR 34762, Aug. 1, 1983; 48 FR 43050, Sept. 21, 1983] 8 672.6 [Reserved] § 672.7 General prohibitions. It shall be unlawful for any person to: (a) Fish for groundfish with a vessel of the United States which does not have aboard a valid permit issued pursuant to this part; (b) Possess, have custody or control of, ship, transport, import, export, offer for sale, sell, or purchase any fish taken or retained in violation of the Act, this part, or any other regulation or permit issued under the Act; (c) 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 regulation or permit issued under the Act; (d) Forcibly assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in the conduct of any search or inspection described in paragraph (c) of this section; (e) Resist a lawful arrest for any act prohibited by this part; (f) 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; (g) Forcibly assault, resist, impede, intimidate, or interfere with an ob server placed aboard a fishing vessel pursuant to this part; (h) Violate any other provision of this part, the Act, or any regulation or permit issued under the Act. § 672.8 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. [49 FR 9736, Mar. 15, 1984] § 672.9 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 Act, and 50 CFR Parts 620 (Citations) and 621 (Civil Procedures), and other applicable law. Subpart B-Management Measures § 672.20 Optimum yield. (a) Optimum yield (OY), domestic annual harvest (DAH), total allowable level of foreign fishing (TALFF), and reserves. (1) The initial annual specifications of (OY), reserves, DAH, domestic annual processing (DAP), JVP, and the TALFF for species regulated under this part are set forth in Table 1. The OY specifications remain in effect from year to year. The other specifications change from year to year in accordance with the procedure presented in paragraph (a)(2) of this section. (2) As soon as practicable after October 1 of each year, the Secretary, after consultation with the Council, shall publish a rule-related notice in the FEDERAL REGISTER proposing the initial apportionments for the following year of the OYS specified in Table 1 among DAP, JVP, reserves, and TALFF. The preliminary specifications of DAP and JVP will be the amounts harvested during the previous year plus any additional amounts the Secretary finds will be harvested by the U.S. industry. These additional amounts will reflect as accurately as possible the projected increases in U.S. processing and harvesting capacity and the extent to which U.S. processing and harvesting will occur during the coming year. Public comment on these amounts will be invited by the Secretary for a period of 30 days after they are published in the FEDERAL REGISTER. IN light of comments received, the Secretary shall publish a second rule-related notice in the FEDERAL REGISTER by January 1 of each year prescribing the initial apportionments of OY among JVP, DAP, reserves, and TALFF for 33-187 0-84-44 |