5. Area designation: Enter the five digit code which indicates the latitude, longitude and quadrant of the 30 minute latitude by 30 minute longitude area for which the report is submitted. The first two digits of the code are determined from the latitude in degrees (disregarding minutes); the second two digits are determined by the longitude in degrees (disregarding minutes); and the fifth digit is determined from the quadrant within the one degree latitude by one degree longitude area as follows: southeast-1, southwest-2, northeast-3, and northwest-4. For example, the 30 minute latitude by 30 minute longitude areas 45601, 45602, 45603, and 45604 are shown in the following diagram:

Traps...

Enter

the

7. Target species/codes: common names and species codes (as listed in Appendix D to Subpart A) of the main species sought in the area designated during the period of the report.

8. Page numbering: Sequentially number each page and the total number of pages in the submission for each vessel. For example, if a stern trawler fished during the period of the report by bottom trawl in three different 30 minute latitude by 30 minute longitude areas and by off-bottom trawl in two of those same areas, the pages of that vessel's report would be numbered "page 1 of 5" through "page 5 of 5".

9. Semimonthly periods: Enter the designation for each semimonthly period of the quarter during which fishing effort was expended in the area designated and using the gear indicated. The designation is a three digit number consisting of the numerical equivalent of the month (01 for January through 12 for December) followed by the numeral 1 for days 1-15 of each month or the number 2 for days 16 through the end of the month. Thus, the semimonthly period June 16-30 would be designated 062 and the semimonthly period July 1-15 would be designated 071.

10. Effort by standard units: Whenever possible, enter the effort expended during each semimonthly period in the standard units shown below for the fishing gear indicated on the report.

Computation

Number of times the gear has been set or shot, whether or not a catch was made.

Trawls..

No. of hours fished.

Gillnets (set or drift)

No. of 100 meter net sets.

Gillnets (fixed).

Traps

Longlines (set or drift).

Computation

Pot-days....

11. Days on grounds: Enter the number of days the vessel was on the fishing grounds. Any portion of a day on the grounds shall be counted as one day on the grounds.

12. Days fished: Enter the number of days the vessel fished. Any portion of a day fished shall be counted as one day fished.

13. Hours fished: Enter the number of hours fished to the nearest hour.

14. Species name: Enter the common names of each species caught in the area designated during the period of the report by the gear indicated. Attach additional sheets as necessary to include all species caught.

15. Species code: Enter the species code (as listed in Appendix I to § 611.9) corresponding to each species named.

16. Catch data: For each species, enter the live round weight to the nearest hundredth of a metric ton (0.01 m.t.) of fish cought, by semimonthly period. For quantities which are not retained, add the suffix "D" (for discarded) following the specific semimonthly catch figure for such discarded quantities.

17. Total during the semimonthly period: Enter the total of all species caught in the area and by the gear indicated during the semimonthly period.

18. Total by species: Enter the total for each species caught in the area and by the gear indicated.

19. Grand total: Enter the total fish caught in the area and by the gear indicated during the period of the report.

B. Submission instructions. Submission of the QSR by magnetic tape, computer cards, or printouts will be accepted in lieu of the report form shown in Figure 1. Data may also be reported using the 1977 version of the STATLANT 21-B form and the procedures established for that form. Questions regarding submission should be directed to: Director, Northeast Fisheries Center, National Marine Fisheries Service, Woods Hole, Massachusetts 02543.

[43 FR 59293, Dec. 19, 1978, as amended at 44 FR 15727, Mar. 15, 1979; 44 FR 17184, Mar. 21, 1979; 44 FR 46286, Aug. 2, 1979; 45 FR 14046, Mar. 4, 1980; 47 FR 37555, Aug. 26, 1982; 48 FR 14556, Apr. 4, 1983; 48 FR 16891, Apr. 20, 1983; 48 FR 34762, Aug. 1,

1983; 49 FR 43679, Oct. 31, 1984; 50 FR 35023-35026, Aug. 28, 1985]

§ 611.51 Hake fishery.

(a) Definitions. For purposes of this section (1) JVP means the estimated U.S. harvest of hakes in excess of the amount which can and will be utilized by U.S. fish processors; JVP may be available for transfer to foreign-flag processing vessels; and (2) DAP means the part of the estimated U.S. harvest of hake which can and will be utilized by U.S. fish processors.

(b) Procedures to reassess DAP-(1) Preliminary reassessment. (i) If a foreign fishing permit application is received for a joint venture and if the amount of U.S.-harvested hake requested by the applicant exceeds the amount of JVP that can be made available to the applicant, the Secretary will reassess DAP for hake to determine whether additional JVP may be made available.

(ii) The Secretary will consult with the New England and Mid-Atlantic Fishery Management Councils and consider the following factors in making the reassessment:

(A) U.S. catch and participation in the fishery to date;

(B) Projected U.S. catch and participation in the fishery for the remainder of the fishery year;

(C) U.S. processing performance to date; and

(D) Projected U.S. processing performance for the remainder of the fishing year.

(iii) The preliminary reassessment will be published in the FEDERAL REGISTER and a public comment period of 15 days will be provided.

(2) Final reassessment. The Secretary will make a final reassessment of DAP after taking into consideration

all information received under paragraph (b)(1)(ii) of this section, and any additional relevent information that may become available. The final reassessment will be published in the FEDERAL REGISTER with the reasons for the determination.

(3) Availability of data. All data relevent to the reassessment will be available in aggregate form for public review at the Regional Director's office during the public comment period.

[49 FR 4213, Feb. 3, 1984]

Subpart D-Atlantic, Caribbean, and Gulf of Mexico

§ 611.60 General provisions.

(a) Purpose and scope. This subpart regulates:

(1) All foreign longline fishing conducted under a GIFA which involves catching, processing, or receipt of billfishes, sharks, or other fishes in the FCZ in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and

(2) All other foreign fishing conducted under a GIFA within the FCZ south of 35°00′ N. latitude in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea.

(3) Regulations governing fishing for swordfish in the same geographical area by vessels of the United States are published as Part 630 of this chapter.

(4) The term billfish or billfishes as used in this subpart means all species of marlin, spearfish, sailfish and swordfish.

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

(2) TALFF. The TALFFS are published in the FEDERAL REGISTER. Current TALFFs are also available from the Regional Director.

(3) Permitted fishing. Foreign fishing authorized under this subpart may be conducted only during the seasons, in the open areas, and with the gear specified in §§ 611.61 and 611.62.

(c) Prohibited species. (1) All species of fish over which the United States exercises exclusive fishery management authority and for which there is

no applicable allocation are prohibited species and shall be treated in accordance with § 611.11. Fish caught in excess of an applicable national allocation are prohibited species.

(2) As a means of rebutting the presumption of § 611.11(d), a vessel may store all prohibited species caught outside the FCZ in a separate part of the hold that can be sealed, and may have its holds inspected and sealed before commencing fishing in the FCZ. Seals affixed during such inspection shall be maintained in an unbroken condition during the time the fishing vessel is in the FCZ. Such inspections may be obtained at Venice or New Orleans, La., Key West, Fla., Mayaguez, P.R., or Norfolk, Va., upon 48 hours advance notification to: Regional Director, Southeast Region, National Marine Fisheries Service, Duval Building, 9450 Koger Boulevard, St. Petersburg, Fla. 33702 Telephone: 813-893-3141.

(3) Additional ports for hold inspection may be arranged with the Regional Director.

(4) The designation of ports for hold inspections does not modify the port entry arrangements or requirements (if any) of GIFAS or the notification requirements of any other laws or regulations of the United States.

(d) Open area. Except for the closed areas set forth in paragraph (e) of this section, § 611.61(b) and § 611.62(b), foreign fishing authorized under this subpart may be conducted in that portion of the FCZ in the Atlantic Ocean, Gulf of Mexico and Caribbean Sea beyond 12 nautical miles from the baseline used to measure the U.S. territorial sea, and that portion of the FCZ south and west of a line connecting the shore at 44°22′ N. latitude, 67°52′ W. longitude and the outer boundary of the FCZ at 44°11′12′′ N. latitude, 67°16′46′′ W. longitude.

(e) Closed area. The area known as East and West Flower Garden Banks is closed to foreign fishing. The Flower Garden Banks are located in the Gulf of Mexico approximately 110 nautical miles southeast of Galveston, Texas, and 120 nautical miles south of Cameron, Louisiana. The area encloses a proposed national marine sanctuary, which consists of approximately 257 square nautical miles and comprises

[46 FR 27493, May 20, 1981, as amended at 47 FR 44265, Oct. 7, 1982; 48 FR 1507, Jan. 13, 1983; 49 FR 43679, Oct. 31, 1984, 50 FR 33956, Aug. 22, 1985; 50 FR 35025, 35026, Aug. 28, 1985]

EFFECTIVE DATE NOTE: At 50 FR 33956, Aug. 22, 1985, § 611.60 was amended by adding paragraph (a)(3), effective September 18, 1985, through December 31, 1987.

§ 611.61 Atlantic billfish and sharks fishery.

(a) Purpose. This section regulates all foreign fishing conducted under a GIFA which involves the catching of any species of billfish or sharks in the FCZ in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea.

(b) Area and seasons. (1) Except as provided in paragraph (b)(2) of this section, foreign fishing under this section may be conducted throughout the year. Retention of sharks will terminate when the applicable national allocation has been reached. The closure provisions of § 611.13(a)(1) through (a)(3) do not apply to this section.

(2) From June 1 through November 30 foreign vessels fishing under this section for species other than sharks, and longline gear deployed from such vessels, are prohibited in the area defined by the following coordinates in the order listed:

(3) Gulf of Mexico. [Reserved]

(4) Fishing with pelagic longlines is restricted to the hours 0500-1800, local time, in an area during the seasonal closure for that area as specified at 50 CFR 630.21.

(c) Prohibited species. Unless otherwise specifically instructed by a U.S. observer or Authorized Officer, and instead of following the procedures of § 611.11(b):

(1) No species may be released below the surface of the water;

(2) All prohibited species must be released regardless of the condition of the fish; and

(3) All billfishes and all prohibited sharks must be released at the surface of the water by cutting the line without removing the fish from the water.

(d) Gear restrictions. Foreign vessels participating in a directed fishery for sharks must use a minimum sized hook of 7 inches shank length and 2.5 inches gap (distance between tip and shank) when fishing inside the 100fathom depth contour. There is no hook size restriction seaward of the 100-fathom depth contour.

(e) Statistical reporting. (1) In addition to the requirements of §§ 611.4 and 611.9, a vessel of a nation with an applicable allocation shall submit the following additional quarterly reports:

(i) Catch and effort data, summarized weekly by one degree squares, containing the following information: (A) Number of hooks set.

(B) Number of sharks caught under allocation.

(C) Number of prohibited species (by species code from Appendix D to Subpart A) caught and released.

(D) Number of prohibited species (by species code) released alive.

(ii) Summary of vessel activities containing the following information: (A) Permit number of each vessel fishing.

(B) For each successive day of the reporting period, the noon-day loca