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C. Reporting Circumstances Section: Mo./ Date: The month and day on which the weekly reporting period ended.

Days fished: Number of days that fishing gear was placed in the water during the reporting period.

D. Catch section: This section of the report contains the total catch of fish during the period of this report. All weights should be round weights to the nearest 10 of a metric ton. All fish caught during the period should be included, regardless of whether they were retained or discarded. It is of utmost importance that the catch data cover exactly the one week reporting period. Species: Enter the species code number in the column headings for each species taken. Area: Enter the area code number in the row heading for each area fished.

Catch: Enter the round weight in metric tons to the nearest ton of each species caught in each area.

E. Report Submission Section: Designated representative: Enter the name of the designated representative of the foreign nation who is responsible for submitting this report.

Date: Enter the date the report was submitted to the National Marine Fisheries Service by the designated representative.

The species codes are in Appendix I and the area codes are in Appendix II. The report must provide full information for all the species for which the foreign nation has an allocation under § 611.21. For example, report the catch of seamount groundfish

broken down by pelagic armorhead (080), alfonsin (081), and other species (099).

For the Northeast Pacific, report in addition to allocated species, the prohibited species salmon (030) and halibut (037), which are caught and returned to the sea, in terms of number of fish.

2. Instructions for submission of the report: This report must be received by the National Marine Fisheries Service at the location, by the time, and in the format prescribed below. Weekly reporting periods will begin on Sunday 0000 hours Greenwich Mean Time (G.m.t.) and end on Saturday 2400 hours Greenwich Mean Time (G.m.t.). Information required by this report should be forwarded from vessels/fleet masters to the designated representative for that flag state in the United States. Information received from afloat should be checked and compiled by the designated representative, and must be received by the National Marine Fisheries Service within the time frame allowed and in the prescribed format. Reports may be sent by Telex using the format in Section 3 of this Appendix. Reports may be mailed or hand-carried if their timely receipt is assured. Telephone reports will not be accepted. If reports are sent by Telex, a completed copy of the weekly catch report shall be submitted to confirm the Telex report.

The weekly report shall be submitted to the appropriate Regional Director of the National Marine Fisheries Service as follows:

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Director, Northeast National
Marine Fisheries Service, 14
Elm St., Gloucester, Mass.
01930, Telex No. 940007.
Director, Northwest Region,
National Marine Fisheries
Service, 1700 Westlake Ave.,
North Seattle, Wash, 98109.
Director, Southwest Region,
National Marine Fisheries
Service, 300 South Ferry St.,
Terminal Island, Calif. 90731.

South Atlantic and Gulf of Mexico....... Director, Southeast Fisheries

Bering Sea and Gulf of Alaska.

Center, National Marine
Fisheries Service, 75 Virginia
Beach Drive, Miami, Florida
33149.

Director, Alaska Region

National Marine Fisheries
Service, P.O. Box 1668,
Juneau, Alaska 99801.

Report received by

Wednesday, 1900 G.m.t. following unreporting period.

Do.

Do.

Do.

Second Monday, 1900 G.m.t. fol. lowing reporting period.

By agreement with the appropriate Regional Directors, the weekly report may be submitted to some other appropriate representative of the National Marine Fisheries Service.

3. An illustration of a sample report is as follows: The stern trawler NAVIS, call number LTUX, permit number LT-78-0001A entered the Fishery Conservation Zone on Monday, March 6, 1978, began fishing Tues

day, March 7, 1978, and continued fishing throughout the period. The vessel was fishing in Area 1 and Area 2 for squid. During this period the vessel caught in Area 1: 17 metric tons of squid (504), 1.3 tons of mackerel (204), .8 tons of silver hake (104), and .6 tons of butterfish (212). In addition, the vessel caught in Area 2: 6 metric tons of squid (504), 0.8 tons of mackerel (204), and 0.9 tons of silver hake (104). The reporting period is March 5-11, 1978.

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03411

151

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_DESIGNATED REPRESENTATIVE: _Smith Shipping Co

[42 FR 60682, Nov. 28, 1977; 43 FR 2727, Jan. 19, 1978, as amended at 43 FR 11825, Mar. 22, 1978]

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DATI: 3/14 178

(c) No foreign fishing vessel may conduct fishery support operations in support of a vessel of the United States except as specifically authorized in the supporting vessel's permit. § 611.11 Gear conflicts.

(a) Each fishing vessel shall conduct its operations with due regard for the activities of other fishing vessels. Fishing vessels using mobile fishing gear shall take special care to minimize the possibility of conflict with, and damage to, fixed fishing gear.

(b) Each foreign fishing vessel shall maintain on its bridge a current plot of broadcast fixed-gear locations for the area in which it is fishing.

(c) Each foreign fishing vessel which is involved in a gear conflict, or which retrieves the gear of another fishing vessel in its gear, shall immediately notify the appropriate Coast Guard commander as indicated in § 611.4.

(d) Claims concerning the loss of or damage to the fishing vessel, fishing gear or catch of a U.S. citizen which may have been caused by a foreign fishing vessel fishing pursuant to the Act may be resolved as follows:

(1) Claims involving loss or damage of property amounting to $25,000 or less must be submitted to binding arbitration whenever demanded by the U.S. claimant or the owner or operator of the foreign fishing vessel which may have caused the loss or damage. If arbitration is demanded, both the U.S. claimant and the owner or operator of the foreign vessel, or their agent, must appear at the arbitration proceedings and be bound by the decision of the arbitrator.

(2) Claims involving loss or damage of property amounting to over $25,000 must be submitted to binding arbitration whenever demanded by the U.S. claimant. If arbitration is demanded by the U.S. claimant, the owner or operator of the foreign vessel, or their agent, must appear at the arbitration proceedings and the parties will be bound by the decision of the arbitrator.

(3) A demand for abitration must be made in writing to the other party. Any arbitration proceeding under this paragraph shall be conducted according to the Commercial Arbitration rules of the American Arbitration Association, and shall be conducted in the United States. The list from which arbitrators are selected will, whenever possible, include individuals with knowledge in fishery matters or admiralty law.

[42 FR 60682, Nov. 28, 1977, as amended at 43 FR 3567, Jan. 26, 1978)

§ 611.12 Directed fisheries.

(a) No foreign fishing vessel may conduct a directed fishery unless such directed fishery is authorized by, and conducted in accordance with, this Part 611.

(b) It shall be a rebuttable presumption that any haul that contains more than 50 percent by weight or number of fish (as appropriate for the gear in use) of any species or species group (such as "other finfish") was conducted for the purpose of catching that species or species group and therefore constitutes a directed fishery for that species or species group.

[42 FR 60682, Nov. 28, 1977; 43 FR 2727, Jan. 19, 1978]

§ 611.13 Incidental catch-prohibited species.

(a) Each foreign fishing vessel shall minimize its catch of prohibited species.

(b) Each foreign fishing vessel shall sort its catch as soon as possible after retrieval of the catch and, after allowing for sampling by an observer (if any), shall return any catch of prohibited species or parts thereof to the sea immediately with a minimum of injury regardless of its condition.

(c) It shall be a rebuttable presumption that any prohibited species or part thereof found on board a foreign fishing vessel was caught and retained in violation of this Part 611.

§ 611.14 Incidental catch-other species.

(a) A fishing vessel may retain its incidental catch of any species for which there is an applicable, unfilled national allocation. Regardless of whether or not the catch of such authorized incidental species is retained, it will be counted against the applicable national allocation.

(b) Species which a foreign fishing vessel is not specifically authorized to retain under this Part shall be treated as prohibited species in accordance with § 611.13.

8611.15 Fishery closure procedures.

(a) A foreign fishing vessel's authorization to engage in fishing shall be cancelled when the Director finds that:

(1) The total allowable level of foreign fishing for the directed fishery species has been reached;

(2) Any applicable vessel-day limitation for the fishery or area has been reached;

(3) The total allowable level of foreign fishing for any species or species group (such as "other finfish") caught as an incidental catch in the directed fishery has been reached;

(4) The applicable national allocation for the directed fishery species involved has been reached; or

(5) The applicable national allocation for any species or species group (such as "other finfish") caught as an incidental catch during the directed fishery has been reached.

(b) Vessel check-in/check-out information, United States surveillance observations, observer reports, and foreign catch and effort reports will be used to make the determinations listed in § 611.15(a). If the National Marine Fisheries Service (NMFS) estimates of catch or other values made during the season differ from those reported by the foreign fleets, immediate efforts will be initiated by the NMFS through the appropriate foreign authorities to resolve such differences. If, however, differences still persist after such efforts have been made, NMFS estimates shall be the basis for decisions and shall prevail.

(c) When closing a fishery, the Director will notify:

(1) The foreign nation(s) involved; and

(2) The designated representative for any affected fishing vessel. If possible, at least 48 hours prior notice of the closing will be given. Failure of the Director to so notify will not relieve the foreign nation of its responsibilities to terminate fishing by its vessels when applicable allocations are reached.

[42 FR 60682, Nov. 28, 1977; 43 FR 2727, Jan. 19, 1978]

§611.16 Disposal of fishing gear and other articles.

(a) Except in cases of emergency involving the safety of the ship or crew, no fishing vessel may intentionally place into the fishery conservation zone, any article, including abandoned fishing gear, which may:

(1) Interfere with fishing or obstruct fishing gear or vessels; or

(2) Cause damage to any fishery resource or marine mammal.

(b) In event of the intentional or accidental placing of such articles into the fishery conservation zone, or in the event of encountering such articles, the operator of the vessel shall immediately report the incident to the appropriate Coast Guard Commander (as provided in § 611.4) giving:

(1) The name of the reporting person and his vessel;

(2) The nature of the article;

(3) The location of the article; and (4) The time and date of the incident.

(c) All fishing gear which is set or otherwise deployed in a manner in which it may entrap or otherwise catch fish shall be tended as frequently as necessary to ensure that its catch remains suitable for the use intended.

Subpart B-Surpluses

§ 611.20 Total allowable level of foreign fishing.

(a) The total allowable level of foreign fishing (TALFF), if any, with respect to any fishery subject to the exclusive fishery management authority of the United States shall be that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States.

(b) Each assessment of Optimum Yield (OY) will be reviewed not later than May of 1978. Each assessment of U.S. harvesting capacity will be reviewed during the 1978 season as soon as possible after the specified review date in Table I. Adjustments in OY, U.S. estimated harvest, and initial TALFF's will be considered based on updated information relating to status of stocks, estimated and actual performance of domestic and foreign fleets in current and prior years, and other relevant factors.

(c) The following table lists the TALFF's by species and ocean areas for 1978:

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'Comprised of: (1) 4,800 mt for directed longline and trap fishery, and (2) 3,200 mt for incidental catch in trawl fishery.

'Does not include an additional amount held in reserve equivalent to 20 percent of the OY. 'Does not include 1,500 mt held in reserve.

'The TALFF for armorheads, alfonsins, and other groundfish resources is subject to additional restric tions on total effort by foreign fishing vessels. No more than 50 vessel days of trawling and 50 vessel days of bottom longlining will be allowed in this fishery.

[42 FR 60682, Nov. 28, 1977, as amended at 43 FR 35925, Aug. 14, 1978; 43 FR 43462, Sept. 26, 1978]

§ 611.21 Allocations. [Reserved]

§ 611.22 Fee schedule for foreign fishing permits.

(a) The fee charges for fishing by foreign flag vessels for fish over which

the United States exercises exclusive fishery management authority required by section 204(b)(10) of the act and § 611.3(c)(3) of this part are specified as follows:

(1) Permit fees. The owners and operators of all foreign vessels engaging in fishing as defined in § 611.2(p), are required to pay appropriate fees as

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