{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 600 and title_number = 50 sorted by section_id", "rows": [["50:50:12.0.1.1.1.1.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "A", "Subpart A\u2014General", "", "\u00a7 600.5 Purpose and scope.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 FR 31443, May 18, 2000]", "(a) This part contains general provisions governing the operation of the eight Regional Fishery Management Councils established by the Magnuson-Stevens Act and describes the Secretary's role and responsibilities under the Act. The Councils are institutions created by Federal law and must conform to the uniform standards established by the Secretary in this part.\n\n(b) This part also governs all foreign fishing under the Magnuson-Stevens Act, prescribes procedures for the conduct of preemption hearings under section 306(b) of the Magnuson-Stevens Act, and collects the general provisions common to all domestic fisheries governed by this chapter.\n\n(c) This part also governs fishing capacity reduction programs under the Magnuson-Stevens Act."], ["50:50:12.0.1.1.1.1.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "A", "Subpart A\u2014General", "", "\u00a7 600.10 Definitions.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009; 75 FR 59149, Sept. 27, 2010; 75 FR 57701, Sept. 22, 2010; 89 FR 12286, Feb. 16, 2024; 89 FR 102013, Dec. 17, 2024]", "Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings:\n\nAdministrator  means the Administrator of NOAA (Under Secretary of Commerce for Oceans and Atmosphere) or a designee.\n\nAdvisory group  means a Scientific and Statistical Committee (SSC), Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) established by a Council under the Magnuson-Stevens Act.\n\nAdvisory panel (AP)  means a committee formed, selected, and formally designated as a Magnuson-Stevens Act Section 302(g)(2) advisory panel by the Council's Statement of organization, practices, and procedures (SOPP), or by a formal charge to the committee made by the chair and recorded in the Council's minutes, to assist it in carrying out its functions. An AP may include individuals who are not members of the Council.\n\nAgent,  for the purpose of foreign fishing (subpart F), means a person appointed and maintained within the United States who is authorized to receive and respond to any legal process issued in the United States to an owner and/or operator of a vessel operating under a permit and of any other vessel of that Nation fishing subject to the jurisdiction of the United States. Any diplomatic official accepting such an appointment as designated agent waives diplomatic or other immunity in connection with such process.\n\nAggregate or summary form  means information structured in such a way that the identity or business of any person (defined at 16 U.S.C. 1802(36)) who submitted the information cannot be directly or indirectly determined either from the present release of the information or in combination with other releases.\n\nAlbacore  means the species  Thunnus alalunga,  or a part thereof.\n\nAllocated species  means any species or species group allocated to a foreign nation under \u00a7 600.517 for catching by vessels of that Nation.\n\nAllocation  means direct and deliberate distribution of the opportunity to participate in a fishery among identifiable, discrete user groups or individuals.\n\nAllowable chemical  means a substance, generally used to immobilize marine life so it can be captured alive, that, when introduced into the water, does not take Gulf and South Atlantic prohibited coral (as defined at 50 CFR 622.2) and is allowed by Florida or Hawaii or the U.S. Pacific Insular Area for the harvest of tropical fish.\n\nAnadromous species  means species of fish that spawn in fresh or estuarine waters of the United States and that migrate to ocean waters.\n\nAngling  means fishing for, attempting to fish for, catching or attempting to catch fish by any person (angler) with a hook attached to a line that is hand-held or by rod and reel made for this purpose.\n\nArea of custody  means any vessel, building, vehicle, live car, pound, pier or dock facility where fish might be found.\n\nAssistant Administrator  means the Assistant Administrator for Fisheries, NOAA, or a designee.\n\nAtlantic tunas  means bluefin, albacore, bigeye, skipjack, and yellowfin tunas found in the Atlantic Ocean.\n\nAtlantic Tunas Convention Act  means the Atlantic Tunas Convention Act of 1975, 16 U.S.C. 971-971h.\n\nAuthorized officer  means:\n\n(1) Any commissioned, warrant, or petty officer of the USCG;\n\n(2) Any special agent or fishery enforcement officer of NMFS;\n\n(3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson-Stevens Act or any other statute administered by NOAA; or\n\n(4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition.\n\nAuthorized species  means any species or species group that a foreign vessel is authorized to retain in a joint venture by a permit issued under Activity Code 4 as described by \u00a7 600.501(c).\n\nAutomatic reel  means a reel that remains attached to a vessel when in use from which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel electrically or hydraulically.\n\nBandit gear  means vertical hook and line gear with rods that are attached to the vessel when in use. Lines are retrieved by manual, electric, or hydraulic reels.\n\nBarrier net  means a small-mesh net used to capture coral reef or coastal pelagic fishes.\n\nBigeye tuna  means the species  Thunnus obesus,  or a part thereof.\n\nBillfish  means Atlantic billfish (blue marlin, white marlin, sailfish, longbill spearfish, or roundscale spearfish).\n\nBluefin tuna  means the species  Thunnus thynnus,  or a part thereof.\n\nBlue marlin  means the species  Makaira nigricans,  or a part thereof.\n\nBully net  means a circular frame attached at right angles to a pole and supporting a conical bag of webbing.\n\nBuoy gear  means fishing gear consisting of a float and one or more lines suspended therefrom. A hook or hooks are on the lines at or near the end. The float and line(s) drift freely and are retrieved periodically to remove catch and rebait hooks.\n\nBusiness of any person  means:\n\n(1) Financial information such as ownership information, cash flow documents, income statements, or information that contributes to the preparation of balance sheets; or\n\n(2) Operational information such as fishing locations, time of fishing, specific gear configuration, catch by species in numbers or weight thereof, number of hauls, number of employees and estimated processing capacity of and the actual processing capacity utilized by U.S. fish processors.\n\nCarcass  means a fish in whole condition or that portion of a fish that has been gilled and/or gutted and the head and some or all fins have been removed, but that is otherwise in whole condition.\n\nCast net  means a circular net with weights attached to the perimeter.\n\nCatch limit  means the total allowable harvest or take from a single fishing trip or day, as defined in this section.\n\nCatch, take,  or  harvest  includes, but is not limited to, any activity that results in killing any fish or bringing any live fish on board a vessel.\n\nCenter  means one of the five NMFS Fisheries Science Centers.\n\nCharter boat  means a vessel less than 100 gross tons (90.8 mt) that meets the requirements of the U.S. Coast Guard to carry six or fewer passengers for hire.\n\nCoast Guard Commander  means one of the commanding officers of the Coast Guard units specified in Table 1 of \u00a7 600.502, or a designee.\n\nCodend  means the terminal, closed end of a trawl net.\n\nCompensation fishing  means fishing conducted for the purpose of recovering costs associated with resource surveys and scientific studies that support the management of a fishery, or to provide incentive for participation in such studies. Compensation fishing may include fishing during or subsequent to such surveys or studies.\n\nConfidential information  includes any observer information as defined under 16 U.S.C. 1802(32) or any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with any requirement or regulation under the Magnuson-Stevens Act. Confidential information does not include observer information related to interactions with species protected under the Marine Mammal Protection Act: the date, time, and location of interactions, the type of species, and the fishing practices and gear involved provided that information regarding fishing practices and gear would not constitute a trade secret under the Freedom of Information Act, 5 U.S.C. 552(b)(4).\n\nConservation engineering  means the development and assessment of fishing technologies and fishing techniques designed to conserve target and non-target species, and may include the study of fish behavior and the development and testing of new gear technologies and fishing techniques to minimize bycatch and any adverse effects on essential fish habitat and promote efficient harvest of target species. Conservation engineering may include the assessment of existing fishing technologies applied in novel ways. An example would be assessing the ability of a bycatch reduction device (BRD), designed and proven in one fishery, to reduce bycatch in another fishery. Conservation engineering meeting the definition of scientific research activity is not fishing.\n\nContinental shelf fishery resources  means the species listed under section 3(7) of the Magnuson-Stevens Act.\n\nCouncil  means one of the eight Regional Fishery Management Councils established by the Magnuson-Stevens Act.\n\nDealer  means the person who first receives fish by way of purchase, barter, or trade.\n\nDesignated representative  means the person appointed by a foreign nation and maintained within the United States who is responsible for transmitting information to and submitting reports from vessels of that Nation and establishing observer transfer arrangements for vessels in both directed and joint venture activities.\n\nDip net  means a small mesh bag, sometimes attached to a handle, shaped and framed in various ways. It is operated by hand or partially by mechanical power to capture the fish.\n\nDirected fishing,  for the purpose of foreign fishing (subpart F), means any fishing by the vessels of a foreign nation for allocations of fish granted that Nation under \u00a7 600.517.\n\nDirector  means the Director of the Office of Sustainable Fisheries, 1315 East-West Highway, Silver Spring, MD 20910.\n\nDiscard  means to release or return fish to the sea, whether or not such fish are brought fully on board a fishing vessel.\n\nDredge  means a gear consisting of a mouth frame attached to a holding bag constructed of metal rings or mesh.\n\nDrop net  means a small, usually circular net with weight around the perimeter and a float in the center.\n\nElectronic monitoring service provider  means any person who manages observer information collected by an electronic monitoring system required under an MSA regulation or as part of a cooperative research initiative.\n\nEssential fish habitat (EFH)  means those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. For the purpose of interpreting the definition of essential fish habitat: \u201cWaters\u201d include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; \u201csubstrate\u201d includes sediment, hard bottom, structures underlying the waters, and associated biological communities; \u201cnecessary\u201d means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem; and \u201cspawning, breeding, feeding, or growth to maturity\u201d covers a species' full life cycle.\n\nExclusive economic zone (EEZ)  means the zone established by Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and is that area adjacent to the United States which, except where modified to accommodate international boundaries, encompasses all waters from the seaward boundary of each of the coastal states to a line on which each point is 200 nautical miles (370.40 km) from the baseline from which the territorial sea of the United States is measured.\n\nExempted educational activity  means an activity that would otherwise be considered fishing, conducted by an educational institution accredited by a recognized national or international accreditation body, of limited scope and duration, that is otherwise prohibited by this chapter VI, but that is authorized by the appropriate Regional Administrator or Director for educational purposes, i.e., the instruction of an individual or group, and authorized capture of only the amount of fish necessary to demonstrate the lesson.\n\nExempted or experimental fishing  means fishing from a vessel of the United States that involves activities otherwise prohibited by this chapter VI, but that are authorized under an exempted fishing permit (EFP). The regulations in \u00a7 600.745 refer exclusively to exempted fishing. References elsewhere in this chapter to experimental fishing mean exempted fishing under this part.\n\nFillet  means to remove slices of fish flesh from the carcass by cuts made parallel to the backbone.\n\nFish  means:\n\n(1) When used as a noun, means any finfish, mollusk, crustacean, or parts thereof, and all other forms of marine animal and plant life other than marine mammals and birds.\n\n(2) When used as a verb, means to engage in \u201cfishing,\u201d as defined below.\n\nFishery  means:\n\n(1) One or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographic, scientific, technical, recreational, or economic characteristics, or method of catch; or\n\n(2) Any fishing for such stocks.\n\nFishery management unit (FMU)  means a fishery or that portion of a fishery identified in an FMP relevant to the FMP's management objectives. The choice of an FMU depends on the focus of the FMP's objectives, and may be organized around biological, geographic, economic, technical, social, or ecological perspectives.\n\nFishery resource  means any fish, any stock of fish, any species of fish, and any habitat of fish.\n\nFishing,  or  to fish  means any activity, other than scientific research conducted by a scientific research vessel, that involves:\n\n(1) The catching, taking, or harvesting of fish;\n\n(2) The attempted catching, taking, or harvesting of fish;\n\n(3) Any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or\n\n(4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1), (2), or (3) of this definition.\n\nFishing industry advisory committee (FIAC)  means an advisory group formed and selected by a regional fishery management council under the authority of the Magnuson-Stevens Act section 302(g)(3)(A) and formally designated in the Council's SOPP or by a formal charge to the FIAC made by the chair and recorded in the Council's minutes. A FIAC is not an \u201cadvisory panel\u201d as defined under this section.\n\nFishing vessel  means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for:\n\n(1) Fishing; or\n\n(2) Aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.\n\nFish weir  means a large catching arrangement with a collecting chamber that is made of non-textile material (wood, wicker) instead of netting as in a pound net.\n\nForeign fishing  means fishing by a foreign fishing vessel.\n\nForeign fishing vessel (FFV)  means any fishing vessel other than a vessel of the United States, except those foreign vessels engaged in recreational fishing, as defined in this section.\n\nGear conflict  means any incident at sea involving one or more fishing vessels:\n\n(1) In which one fishing vessel or its gear comes into contact with another vessel or the gear of another vessel; and\n\n(2) That results in the loss of, or damage to, a fishing vessel, fishing gear, or catch.\n\nGillnet  means a panel of netting, suspended vertically in the water by floats along the top and weights along the bottom, to entangle fish that attempt to pass through it.\n\nGoverning International Fishery Agreement (GIFA)  means an agreement between the United States and a foreign nation or Nations under section 201(c) of the Magnuson-Stevens Act.\n\nGrants Officer  means the NOAA official authorized to sign, on behalf of the Government, the cooperative agreement providing funds to support the Council's operations and functions.\n\nGreenwich mean time (GMT)  means the local mean time at Greenwich, England. All times in this part are GMT unless otherwise specified.\n\nGulf of America  means the same geographic area as the Gulf of Mexico, as that term is used in the text of the Magnuson-Stevens Act. This name change in the Chapter VI regulations does not result in any changes to, and has no effect on the applicability or enforceability of, the regulations.\n\nHandgear  means handline, harpoon, or rod and reel.\n\nHand harvest  means harvesting by hand.\n\nHandline  means fishing gear that is set and pulled by hand and consists of one vertical line to which may be attached leader lines with hooks.\n\nHarass  means to unreasonably interfere with an individual's work performance, or to engage in conduct that creates an intimidating, hostile, or offensive environment.\n\nHarpoon  or  harpoon gear  means fishing gear consisting of a pointed dart or iron attached to the end of a line several hundred feet in length, the other end of which is attached to a floatation device. Harpoon gear is attached to a pole or stick that is propelled only by hand, and not by mechanical means.\n\nHeadboat  means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire.\n\nHook and line  means one or more hooks attached to one or more lines (can include a troll).\n\nHoop net  means a cone-shaped or flat net which may or may not have throats and flues stretched over a series of rings or hoops for support.\n\nIndustry  means both recreational and commercial fishing, and includes the harvesting, processing, and marketing sectors.\n\nInformation sharing obligation of a Regional Fishery Management Organization (RFMO)  means a measure or part thereof that creates a binding requirement on the United States to report certain information by virtue of its membership in the respective RFMO.\n\nInternational radio call sign (IRCS)  means the unique radio identifier assigned a vessel by the appropriate authority of the flag state.\n\nJoint venture  means any operation by a foreign vessel assisting fishing by U.S. fishing vessels, including catching, scouting, processing and/or support. (A joint venture generally entails a foreign vessel processing fish received from U.S. fishing vessels and conducting associated support activities.)\n\nLampara net  means a surround net with the sections of netting made and joined to create bagging. It is hauled with purse rings and is generally much smaller in size than a purse seine net.\n\nLand  means to begin offloading fish, to offload fish, or to arrive in port or at a dock, berth, beach, seawall, or ramp.\n\nLimited access system  means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.\n\nLongbill spearfish  means the species  Tetrapturus pfluegeri,  or a part thereof.\n\nLongline  means a line that is deployed horizontally and to which gangions and hooks or pots are attached. Longlines can be stationary, anchored, or buoyed lines that may be hauled manually, electrically, or hydraulically.\n\nMagnuson-Stevens Act  means the Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. 1801  et seq. ), formerly known as the Magnuson Act.\n\nMetric ton (mt)  means 1,000 kg (2,204.6 lb).\n\nnm  means nautical mile (6,076 ft (1,852 m)).\n\nNortheast Canyons and Seamounts Marine National Monument  means the area designated by Presidential Proclamation 9496, consisting of:\n\n(1)  Canyons Unit.  The Canyons Unit is defined by the area bounded by straight lines connecting the following points, in the order stated:\n\n(2)  Seamounts Unit.  The Seamounts Unit is defined by the area bounded by straight lines connecting the following points, except between points 1 and 2, where the boundary follows the outer limits of the U.S. EEZ:\n\na  U.S. EEZ longitude, approximately 65\u00b056.58\u2032.\n\nb  U.S. EEZ longitude, approximately 66\u00b055.86\u2032.\n\nObserver provider  means any person that collects observer information by placement of observers on or in fishing vessels, shoreside processors, or stationary floating processors under a requirement of the MSA or as part of a cooperative research initiative.\n\nOfficial number  means the documentation number issued by the USCG or the certificate number issued by a state or by the USCG for an undocumented vessel.\n\nOperator,  with respect to any vessel, means the master or other individual aboard and in charge of that vessel.\n\nOptimum yield (OY)  means the amount of fish that:\n\n(1) Will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems;\n\n(2) Is prescribed as such on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant economic, social, or ecological factor; and\n\n(3) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.\n\nOwner,  with respect to any vessel, means:\n\n(1) Any person who owns that vessel in whole or in part;\n\n(2) Any charterer of the vessel, whether bareboat, time, or voyage;\n\n(3) Any person who acts in the capacity of a charterer, including, but not limited to, parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel; or\n\n(4) Any agent designated as such by a person described in paragraph (1), (2), or (3) of this definition.\n\nPelagic longline  means a longline that is suspended by floats in the water column and that is not fixed to or in contact with the ocean bottom.\n\nPlan Team  means a Council working group selected from agencies, institutions, and organizations having a role in the research and/or management of fisheries, whose primary purpose is to assist the Council in the preparation and/or review of FMPs, amendments, and supporting documents for the Council, and/or SSC and AP.\n\nPostmark  means independently verifiable evidence of the date of mailing, such as a U.S. Postal Service postmark, or other private carrier postmark, certified mail receipt, overnight mail receipt, or a receipt issued upon hand delivery to a representative of NMFS authorized to collect fishery statistics.\n\nPot  means trap.\n\nPowerhead  means any device with an explosive charge, usually attached to a spear gun, spear, pole, or stick, that may or may not fire a projectile upon contact.\n\nPredominately  means, with respect to fishing in a fishery, that more fishing on a stock or stocks of fish covered by the FMP occurs, or would occur in the absence of regulations, within or beyond the EEZ than occurs in the aggregate within the boundaries of all states off the coasts of which the fishery is conducted.\n\nProcessing,  for the purpose of foreign fishing (subpart F), means any operation by an FFV to receive fish from foreign or U.S. fishing vessels and/or the preparation of fish, including, but not limited to, cleaning, cooking, canning, smoking, salting, drying, or freezing, either on the FFV's behalf or to assist other foreign or U.S. fishing vessels.\n\nProduct recovery rate (PRR)  means a ratio expressed as a percentage of the weight of processed product divided by the round weight of fish used to produce that amount of product.\n\nProhibited species,  with respect to a foreign vessel, means any species of fish that that vessel is not specifically allocated or authorized to retain, including fish caught or received in excess of any allocation or authorization.\n\nPurchase  means the act or activity of buying, trading, or bartering, or attempting to buy, trade, or barter.\n\nPurse seine  means a floated and weighted encircling net that is closed by means of a drawstring threaded through rings attached to the bottom of the net.\n\nRecreational fishing,  with respect to a foreign vessel, means any fishing from a foreign vessel not operated for profit and not operated for the purpose of scientific research. It may not involve the sale, barter, or trade of part or all of the catch (see \u00a7 600.513).\n\nRegion  means one of six NMFS Regional Offices responsible for administering the management and development of marine resources of the United States in their respective geographical regions.\n\nRegional Administrator  means the Administrator of one of the six NMFS Regions described in Table 1 to \u00a7 600.502, or a designee.\n\nRegional Fishery Management Organization (RFMO)  means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures.\n\nRegional Program Officer  means the NMFS official designated in the terms and conditions of the grant award responsible for monitoring, recommending, and reviewing any technical aspects of the application for Federal assistance and the award.\n\nRetain on board  means to fail to return fish to the sea after a reasonable opportunity to sort the catch.\n\nRod and reel  means a hand-held (including rod holder) fishing rod with a manually or electrically operated reel attached.\n\nRound  means a whole fish\u2014one that has not been gilled, gutted, beheaded, or definned.\n\nRoundscale spearfish  means the species  Tetrapturus georgii , or a part thereof.\n\nRound weight  means the weight of the whole fish before processing or removal of any part.\n\nSailfish  means the species  Istiophorus platypterus,  or a part thereof.\n\nSale  or  sell  means the act or activity of transferring property for money or credit, trading, or bartering, or attempting to so transfer, trade, or barter.\n\nScience and Research Director (also referred to as \u201cCenter Director\u201d ) means the Director of one of the six NMFS Fisheries Science Centers described in Table 1 to \u00a7 600.502, or a designee.\n\nScientific cruise  means the period of time during which a scientific research vessel is operated in furtherance of a scientific research project, beginning when the vessel leaves port to undertake the project and ending when the vessel completes the project as provided for in the applicable scientific research plan.\n\nScientific research activity  is, for the purposes of this part, an activity in furtherance of a scientific fishery investigation or study that would meet the definition of fishing under the Magnuson-Stevens Act, but for the exemption applicable to scientific research activity conducted from a scientific research vessel. Scientific research activity includes, but is not limited to, sampling, collecting, observing, or surveying the fish or fishery resources within the EEZ, at sea, on board scientific research vessels, to increase scientific knowledge of the fishery resources or their environment, and to test a hypothesis as part of a planned, directed investigation or study conducted according to methodologies generally accepted as appropriate for scientific research. At-sea scientific fishery investigations address one or more topics involving taxonomy, biology, physiology, behavior, disease, aging, growth, mortality, migration, recruitment, distribution, abundance, ecology, stock structure, bycatch or other collateral effects of fishing, conservation engineering, and catch estimation of fish species considered to be a component of the fishery resources within the EEZ. Scientific research activity does not include the collection and retention of fish outside the scope of the applicable research plan, or the testing of fishing gear. Data collection designed to capture and land quantities of fish for product development, market research, and/or public display are not scientific research activities. For foreign vessels, such data collection activities are considered scientific research if they are carried out in full cooperation with the United States.\n\nScientific research plan  means a detailed, written formulation, prepared in advance of the research, for the accomplishment of a scientific research project. At a minimum, a sound scientific research plan should include:\n\n(1) A description of the nature and objectives of the project, including the hypothesis or hypotheses to be tested.\n\n(2) The experimental design of the project, including a description of the methods to be used, the type and class of any vessel(s) to be used, and a description of sampling equipment.\n\n(3) The geographical area(s) in which the project is to be conducted.\n\n(4) The expected date of first appearance and final departure of the research vessel(s) to be employed, and deployment and removal of equipment, as appropriate.\n\n(5) The expected quantity and species of fish to be taken and their intended disposition, and, if significant amounts of a managed species or species otherwise restricted by size or sex are needed, an explanation of such need.\n\n(6) The name, address, and telephone/telex/fax number of the sponsoring organization and its director.\n\n(7) The name, address, and telephone/telex/fax number, and curriculum vitae of the person in charge of the project and, where different, the person in charge of the research project on board the vessel.\n\n(8) The identity of any vessel(s) to be used including, but not limited to, the vessel's name, official documentation number and IRCS, home port, and name, address, and telephone number of the owner and master.\n\nScientific research vessel  means a vessel owned or chartered by, and controlled by, a foreign government agency, U.S. Government agency (including NOAA or institutions designated as federally funded research and development centers), U.S. state or territorial agency, university (or other educational institution accredited by a recognized national or international accreditation body), international treaty organization, or scientific institution. In order for a domestic commercial fishing vessel to meet this definition, it must be under the control of a qualifying agency or institution, and operate in accordance with a scientific research plan, for the duration of the scientific research activity. In order for a vessel that is owned or chartered and controlled by a foreign government to meet this definition, the vessel must have scientific research as its exclusive mission during the scientific activity in question, and the vessel operations must be conducted in accordance with a scientific research plan.\n\nScouting  means any operation by a vessel exploring (on the behalf of an FFV or U.S. fishing vessel) for the presence of fish by visual, acoustic, or other means that do not involve the catching of fish.\n\nSecretary  means the Secretary of Commerce or a designee.\n\nSeine  means a net with long narrow wings, that is rigged with floats and weights.\n\nSkipjack tuna  means the species  Katsuwonus pelamis,  or a part thereof.\n\nSlurp gun  means a tube-shaped suction device that operates somewhat like a syringe by sucking up the fish.\n\nSnare  means a device consisting of a pole to which is attached a line forming at its end a loop with a running knot that tightens around the fish when the line is pulled.\n\nSpear  means a sharp, pointed, or barbed instrument on a shaft. Spears can be operated manually or shot from a gun or sling.\n\nState  means each of the several states, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.\n\nState employee  means any employee of the state agency responsible for developing and monitoring the state's program for marine and/or anadromous fisheries.\n\nStatement of Organization, Practices, and Procedures (SOPP)  means a statement by each Council describing its organization, practices, and procedures as required under section 302(f)(6) of the Magnuson-Stevens Act.\n\nStock assessment  means the process of collecting and analyzing biological and statistical information to determine the changes in the abundance of fishery stocks in response to fishing, and, to the extent possible, to predict future trends of stock abundance. Stock assessments are based on resource surveys; knowledge of the habitat requirements, life history, and behavior of the species; the use of environmental indices to determine impacts on stocks; and catch statistics. Stock assessments are used as a basis to \u201cassess and specify the present and probable future condition of a fishery\u201d (as is required by the Magnuson-Stevens Act), and are summarized in the Stock Assessment and Fishery Evaluation or similar document.\n\nStock Assessment and Fishery Evaluation (SAFE)  means a document or set of documents that provides Councils with a summary of the most recent biological condition of species in an FMU, and the social and economic condition of the recreational and commercial fishing industries and the fish processing industries. It summarizes, on a periodic basis, the best available scientific information concerning the past, present, and possible future condition of the stocks and fisheries being managed under Federal regulation.\n\nSubmersible  means a manned or unmanned device that functions or operates primarily underwater and is used to harvest fish, i.e., precious corals, with mechanical arms.\n\nSubstantially (affects)  means, for the purpose of subpart G, with respect to whether a state's action or omission will substantially affect the carrying out of an FMP for a fishery, that those effects are important or material, or considerable in degree. The effects of a state's action or omission for purposes of this definition include effects upon:\n\n(1) The achievement of the FMP's goals or objectives for the fishery;\n\n(2) The achievement of OY from the fishery on a continuing basis;\n\n(3) The attainment of the national standards for fishery conservation and management (as set forth in section 301(a) of the Magnuson-Stevens Act) and compliance with other applicable law; or\n\n(4) The enforcement of regulations implementing the FMP.\n\nSupport  means any operation by a vessel assisting fishing by foreign or U.S. vessels, including supplying water, fuel, provisions, fish processing equipment, or other supplies to a fishing vessel.\n\nSwordfish  means the species  Xiphias gladius,  or a part thereof.\n\nTangle net dredge  means dredge gear consisting of weights and flimsy netting that hangs loosely in order to immediately entangle fish.\n\nTotal length (TL)  means the straight-line distance from the tip of the snout to the tip of the tail (caudal fin) while the fish is lying on its side, normally extended.\n\nTrammel net  means a net consisting of two or more panels of netting, suspended vertically in the water column by a common float line and a common weight line. One panel of netting has a larger mesh size than the other(s) in order to entrap fish in a pocket.\n\nTransship  means offloading and onloading or otherwise transferring fish or fish products and/or transporting fish or products made from fish.\n\nTrap  means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats. Also called a pot.\n\nTrawl  means a cone or funnel-shaped net that is towed through the water, and can include a pair trawl that is towed simultaneously by two boats.\n\nTrip  means the time period that begins when a fishing vessel departs from a dock, berth, beach, seawall, ramp, or port to carry out fishing operations and that terminates with a return to a dock, berth, beach, seawall, ramp, or port.\n\nU.S. observer  or  observer  means any person serving in the capacity of an observer employed by NMFS, either directly or under contract, or certified as a supplementary observer by NMFS.\n\nVessel of the United States or U.S. vessel  means:\n\n(1) Any vessel documented under chapter 121 of title 46, United States Code;\n\n(2) Any vessel numbered under chapter 123 of title 46, United States Code, and measuring less than 5 net tons;\n\n(3) Any vessel numbered under chapter 123 of title 46, United States Code, and used exclusively for pleasure; or\n\n(4) Any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.\n\nWhite Marlin  means the species  Kajikia albidus , or a part thereof.\n\nYellowfin tuna  means the species  Thunnus albacares,  or a part thereof."], ["50:50:12.0.1.1.1.1.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "A", "Subpart A\u2014General", "", "\u00a7 600.15 Other acronyms.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 29134, May 28, 1999; 75 FR 59149, Sept. 27, 2010]", "(a)  Fishery management terms.  (1) ABC\u2014acceptable biological catch\n\n(2)  ATCA -Atlantic Tunas Convention Act\n\n(3)  BFT  (Atlantic bluefin tuna) means the subspecies of bluefin tuna,  Thunnus thynnus thynnus,  or a part thereof, that occurs in the Atlantic Ocean.\n\n(4)  BSD  means the ICCAT bluefin tuna statistical document.\n\n(5) CCC-Council coordination committee\n\n(6) DAH\u2014estimated domestic annual harvest\n\n(7) DAP\u2014estimated domestic annual processing\n\n(8) EIS\u2014environmental impact statement\n\n(9) EY\u2014equilibrium yield\n\n(10) FIAC-Fishing industry advisory committee\n\n(11) FMP\u2014fishery management plan\n\n(12)  ICCAT  means the International Commission for the Conservation of Atlantic Tunas.\n\n(13) JVP\u2014joint venture processing\n\n(14) MSY\u2014maximum sustainable yield\n\n(15) PMP\u2014preliminary FMP\n\n(16) TAC\u2014total allowable catch\n\n(17) TALFF\u2014total allowable level of foreign fishing\n\n(b)  Legislation.  (1) APA\u2014Administrative Procedure Act\n\n(2) CZMA\u2014Coastal Zone Management Act\n\n(3) ESA\u2014Endangered Species Act\n\n(4) FACA\u2014Federal Advisory Committee Act\n\n(5) FOIA\u2014Freedom of Information Act\n\n(6) FLSA\u2014Fair Labor Standards Act\n\n(7) MMPA\u2014Marine Mammal Protection Act\n\n(8) MPRSA\u2014Marine Protection, Research, and Sanctuaries Act\n\n(9) NEPA\u2014National Environmental Policy Act\n\n(10) PA\u2014Privacy Act\n\n(11) PRA\u2014Paperwork Reduction Act\n\n(12) RFA\u2014Regulatory Flexibility Act\n\n(c)  Federal agencies.  (1) CEQ\u2014Council on Environmental Quality\n\n(2) DOC\u2014Department of Commerce\n\n(3) DOI\u2014Department of the Interior\n\n(4) DOS\u2014Department of State\n\n(5) EPA\u2014Environmental Protection Agency\n\n(6) FWS\u2014Fish and Wildlife Service\n\n(7) GSA\u2014General Services Administration\n\n(8) NMFS\u2014National Marine Fisheries Service\n\n(9) NOAA\u2014National Oceanic and Atmospheric Administration\n\n(10) OMB\u2014Office of Management and Budget\n\n(11) OPM\u2014Office of Personnel Management\n\n(12) SBA\u2014Small Business Administration\n\n(13) USCG\u2014United States Coast Guard"], ["50:50:12.0.1.1.1.10.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "J", "Subpart J\u2014Essential Fish Habitat (EFH)", "", "\u00a7 600.805 Purpose and scope.", "FWS", "", "", "", "(a)  Purpose.  This subpart provides guidelines for Councils and the Secretary to use in adding the required EFH provisions to an FMP, i.e., description and identification of EFH, adverse effects on EFH (including minimizing, to the extent practicable, adverse effects from fishing), and actions to conserve and enhance EFH.\n\n(b)  Scope \u2014(1)  Species covered.  An EFH provision in an FMP must include all fish species in the fishery management unit (FMU). An FMP may describe, identify, and protect the habitat of species not in an FMU; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act.\n\n(2)  Geographic.  EFH may be described and identified in waters of the United States, as defined in 33 CFR 328.3, and in the exclusive economic zone, as defined in \u00a7 600.10. Councils may describe, identify, and protect habitats of managed species beyond the exclusive economic zone; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities that may adversely affect such habitat can be addressed through any process conducted in accordance with international agreements between the United States and the foreign nation(s) undertaking or authorizing the action."], ["50:50:12.0.1.1.1.10.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "J", "Subpart J\u2014Essential Fish Habitat (EFH)", "", "\u00a7 600.810 Definitions and word usage.", "FWS", "", "", "", "(a)  Definitions.  In addition to the definitions in the Magnuson-Stevens Act and \u00a7 600.10, the terms in this subpart have the following meanings:\n\nAdverse effect  means any impact that reduces quality and/or quantity of EFH. Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions.\n\nCouncil  includes the Secretary, as applicable, when preparing FMPs or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act.\n\nEcosystem  means communities of organisms interacting with one another and with the chemical and physical factors making up their environment.\n\nHabitat areas of particular concern  means those areas of EFH identified pursuant to \u00a7 600.815(a)(8).\n\nHealthy ecosystem  means an ecosystem where ecological productive capacity is maintained, diversity of the flora and fauna is preserved, and the ecosystem retains the ability to regulate itself. Such an ecosystem should be similar to comparable, undisturbed ecosystems with regard to standing crop, productivity, nutrient dynamics, trophic structure, species richness, stability, resilience, contamination levels, and the frequency of diseased organisms.\n\nOverfished  means any stock or stock complex, the status of which is reported as overfished by the Secretary pursuant to section 304(e)(1) of the Magnuson-Stevens Act.\n\n(b)  Word usage.  The terms \u201cmust\u201d, \u201cshall\u201d, \u201cshould\u201d, \u201cmay\u201d, \u201cmay not\u201d, \u201cwill\u201d, \u201ccould\u201d, and \u201ccan\u201d are used in the same manner as in \u00a7 600.305(c)."], ["50:50:12.0.1.1.1.10.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "J", "Subpart J\u2014Essential Fish Habitat (EFH)", "", "\u00a7 600.815 Contents of Fishery Management Plans.", "FWS", "", "", "", "(a)  Mandatory contents \u2014(1)  Description and identification of EFH \u2014(i)  Overview.  FMPs must describe and identify EFH in text that clearly states the habitats or habitat types determined to be EFH for each life stage of the managed species. FMPs should explain the physical, biological, and chemical characteristics of EFH and, if known, how these characteristics influence the use of EFH by the species/life stage. FMPs must identify the specific geographic location or extent of habitats described as EFH. FMPs must include maps of the geographic locations of EFH or the geographic boundaries within which EFH for each species and life stage is found.\n\n(ii)  Habitat information by life stage.  (A) Councils need basic information to understand the usage of various habitats by each managed species. Pertinent information includes the geographic range and habitat requirements by life stage, the distribution and characteristics of those habitats, and current and historic stock size as it affects occurrence in available habitats. FMPs should summarize the life history information necessary to understand each species' relationship to, or dependence on, its various habitats, using text, tables, and figures, as appropriate. FMPs should document patterns of temporal and spatial variation in the distribution of each major life stage (defined by developmental and functional shifts) to aid in understanding habitat needs. FMPs should summarize (e.g., in tables) all available information on environmental and habitat variables that control or limit distribution, abundance, reproduction, growth, survival, and productivity of the managed species. The information should be supported with citations.\n\n(B) Councils should obtain information to describe and identify EFH from the best available sources, including peer-reviewed literature, unpublished scientific reports, data files of government resource agencies, fisheries landing reports, and other sources of information. Councils should consider different types of information according to its scientific rigor. FMPs should identify species-specific habitat data gaps and deficits in data quality (including considerations of scale and resolution; relevance; and potential biases in collection and interpretation). FMPs must demonstrate that the best scientific information available was used in the description and identification of EFH, consistent with national standard 2.\n\n(iii)  Analysis of habitat information.  (A) The following approach should be used to organize the information necessary to describe and identify EFH.\n\n( 1 )  Level 1: Distribution data are available for some or all portions of the geographic range of the species.  At this level, only distribution data are available to describe the geographic range of a species (or life stage). Distribution data may be derived from systematic presence/absence sampling and/or may include information on species and life stages collected opportunistically. In the event that distribution data are available only for portions of the geographic area occupied by a particular life stage of a species, habitat use can be inferred on the basis of distributions among habitats where the species has been found and on information about its habitat requirements and behavior. Habitat use may also be inferred, if appropriate, based on information on a similar species or another life stage.\n\n( 2 )  Level 2: Habitat-related densities of the species are available.  At this level, quantitative data (i.e., density or relative abundance) are available for the habitats occupied by a species or life stage. Because the efficiency of sampling methods is often affected by habitat characteristics, strict quality assurance criteria should be used to ensure that density estimates are comparable among methods and habitats. Density data should reflect habitat utilization, and the degree that a habitat is utilized is assumed to be indicative of habitat value. When assessing habitat value on the basis of fish densities in this manner, temporal changes in habitat availability and utilization should be considered.\n\n( 3 )  Level 3: Growth, reproduction, or survival rates within habitats are available.  At this level, data are available on habitat-related growth, reproduction, and/or survival by life stage. The habitats contributing the most to productivity should be those that support the highest growth, reproduction, and survival of the species (or life stage).\n\n( 4 )  Level 4: Production rates by habitat are available.  At this level, data are available that directly relate the production rates of a species or life stage to habitat type, quantity, quality, and location. Essential habitats are those necessary to maintain fish production consistent with a sustainable fishery and the managed species' contribution to a healthy ecosystem.\n\n(B) Councils should strive to describe habitat based on the highest level of detail (i.e., Level 4). If there is no information on a given species or life stage, and habitat usage cannot be inferred from other means, such as information on a similar species or another life stage, EFH should not be designated.\n\n(iv)  EFH determination.  (A) Councils should analyze available ecological, environmental, and fisheries information and data relevant to the managed species, the habitat requirements by life stage, and the species' distribution and habitat usage to describe and identify EFH. The information described in paragraphs (a)(1)(ii) and (iii) of this section will allow Councils to assess the relative value of habitats. Councils should interpret this information in a risk-averse fashion to ensure adequate areas are identified as EFH for managed species. Level 1 information, if available, should be used to identify the geographic range of the species at each life stage. If only Level 1 information is available, distribution data should be evaluated (e.g., using a frequency of occurrence or other appropriate analysis) to identify EFH as those habitat areas most commonly used by the species. Level 2 through 4 information, if available, should be used to identify EFH as the habitats supporting the highest relative abundance; growth, reproduction, or survival rates; and/or production rates within the geographic range of a species. FMPs should explain the analyses conducted to distinguish EFH from all habitats potentially used by a species.\n\n(B) FMPs must describe EFH in text, including reference to the geographic location or extent of EFH using boundaries such as longitude and latitude, isotherms, isobaths, political boundaries, and major landmarks. If there are differences between the descriptions of EFH in text, maps, and tables, the textual description is ultimately determinative of the limits of EFH. Text and tables should explain pertinent physical, chemical, and biological characteristics of EFH for the managed species and explain any variability in habitat usage patterns, but the boundaries of EFH should be static.\n\n(C) If a species is overfished and habitat loss or degradation may be contributing to the species being identified as overfished, all habitats currently used by the species may be considered essential in addition to certain historic habitats that are necessary to support rebuilding the fishery and for which restoration is technologically and economically feasible. Once the fishery is no longer considered overfished, the EFH identification should be reviewed and amended, if appropriate.\n\n(D) Areas described as EFH will normally be greater than or equal to aquatic areas that have been identified as \u201ccritical habitat\u201d for any managed species listed as threatened or endangered under the Endangered Species Act.\n\n(E) Ecological relationships among species and between the species and their habitat require, where possible, that an ecosystem approach be used in determining the EFH of a managed species. EFH must be designated for each managed species, but, where appropriate, may be designated for assemblages of species or life stages that have similar habitat needs and requirements. If grouping species or using species assemblages for the purpose of designating EFH, FMPs must include a justification and scientific rationale. The extent of the EFH should be based on the judgment of the Secretary and the appropriate Council(s) regarding the quantity and quality of habitat that are necessary to maintain a sustainable fishery and the managed species' contribution to a healthy ecosystem.\n\n(F) If degraded or inaccessible aquatic habitat has contributed to reduced yields of a species or assemblage and if, in the judgment of the Secretary and the appropriate Council(s), the degraded conditions can be reversed through such actions as improved fish passage techniques (for stream or river blockages), improved water quality measures (removal of contaminants or increasing flows), and similar measures that are technologically and economically feasible, EFH should include those habitats that would be necessary to the species to obtain increased yields.\n\n(v)  EFH mapping requirements.  (A) FMPs must include maps that display, within the constraints of available information, the geographic locations of EFH or the geographic boundaries within which EFH for each species and life stage is found. Maps should identify the different types of habitat designated as EFH to the extent possible. Maps should explicitly distinguish EFH from non-EFH areas. Councils should confer with NMFS regarding mapping standards to ensure that maps from different Councils can be combined and shared efficiently and effectively. Ultimately, data used for mapping should be incorporated into a geographic information system (GIS) to facilitate analysis and presentation.\n\n(B) Where the present distribution or stock size of a species or life stage is different from the historical distribution or stock size, then maps of historical habitat boundaries should be included in the FMP, if known.\n\n(C) FMPs should include maps of any habitat areas of particular concern identified under paragraph (a)(8) of this section.\n\n(2)  Fishing activities that may adversely affect EFH \u2014(i)  Evaluation.  Each FMP must contain an evaluation of the potential adverse effects of fishing on EFH designated under the FMP, including effects of each fishing activity regulated under the FMP or other Federal FMPs. This evaluation should consider the effects of each fishing activity on each type of habitat found within EFH. FMPs must describe each fishing activity, review and discuss all available relevant information (such as information regarding the intensity, extent, and frequency of any adverse effect on EFH; the type of habitat within EFH that may be affected adversely; and the habitat functions that may be disturbed), and provide conclusions regarding whether and how each fishing activity adversely affects EFH. The evaluation should also consider the cumulative effects of multiple fishing activities on EFH. The evaluation should list any past management actions that minimize potential adverse effects on EFH and describe the benefits of those actions to EFH. The evaluation should give special attention to adverse effects on habitat areas of particular concern and should identify for possible designation as habitat areas of particular concern any EFH that is particularly vulnerable to fishing activities. Additionally, the evaluation should consider the establishment of research closure areas or other measures to evaluate the impacts of fishing activities on EFH. In completing this evaluation, Councils should use the best scientific information available, as well as other appropriate information sources. Councils should consider different types of information according to its scientific rigor.\n\n(ii)  Minimizing adverse effects.  Each FMP must minimize to the extent practicable adverse effects from fishing on EFH, including EFH designated under other Federal FMPs. Councils must act to prevent, mitigate, or minimize any adverse effects from fishing, to the extent practicable, if there is evidence that a fishing activity adversely affects EFH in a manner that is more than minimal and not temporary in nature, based on the evaluation conducted pursuant to paragraph (a)(2)(i) of this section and/or the cumulative impacts analysis conducted pursuant to paragraph (a)(5) of this section. In such cases, FMPs should identify a range of potential new actions that could be taken to address adverse effects on EFH, include an analysis of the practicability of potential new actions, and adopt any new measures that are necessary and practicable. Amendments to the FMP or to its implementing regulations must ensure that the FMP continues to minimize to the extent practicable adverse effects on EFH caused by fishing. FMPs must explain the reasons for the Council's conclusions regarding the past and/or new actions that minimize to the extent practicable the adverse effects of fishing on EFH.\n\n(iii)  Practicability.  In determining whether it is practicable to minimize an adverse effect from fishing, Councils should consider the nature and extent of the adverse effect on EFH and the long and short-term costs and benefits of potential management measures to EFH, associated fisheries, and the nation, consistent with national standard 7. In determining whether management measures are practicable, Councils are not required to perform a formal cost/benefit analysis.\n\n(iv) Options for managing adverse effects from fishing. Fishery management options may include, but are not limited to:\n\n(A)  Fishing equipment restrictions.  These options may include, but are not limited to: seasonal and areal restrictions on the use of specified equipment, equipment modifications to allow escapement of particular species or particular life stages (e.g., juveniles), prohibitions on the use of explosives and chemicals, prohibitions on anchoring or setting equipment in sensitive areas, and prohibitions on fishing activities that cause significant damage to EFH.\n\n(B)  Time/area closures.  These actions may include, but are not limited to: closing areas to all fishing or specific equipment types during spawning, migration, foraging, and nursery activities and designating zones for use as marine protected areas to limit adverse effects of fishing practices on certain vulnerable or rare areas/species/life stages, such as those areas designated as habitat areas of particular concern.\n\n(C)  Harvest limits.  These actions may include, but are not limited to, limits on the take of species that provide structural habitat for other species assemblages or communities and limits on the take of prey species.\n\n(3)  Non-Magnuson-Stevens Act fishing activities that may adversely affect EFH.  FMPs must identify any fishing activities that are not managed under the Magnuson-Stevens Act that may adversely affect EFH. Such activities may include fishing managed by state agencies or other authorities.\n\n(4)  Non-fishing related activities that may adversely affect EFH.  FMPs must identify activities other than fishing that may adversely affect EFH. Broad categories of such activities include, but are not limited to: dredging, filling, excavation, mining, impoundment, discharge, water diversions, thermal additions, actions that contribute to non-point source pollution and sedimentation, introduction of potentially hazardous materials, introduction of exotic species, and the conversion of aquatic habitat that may eliminate, diminish, or disrupt the functions of EFH. For each activity, the FMP should describe known and potential adverse effects to EFH.\n\n(5)  Cumulative impacts analysis.  Cumulative impacts are impacts on the environment that result from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions, regardless of who undertakes such actions. Cumulative impacts can result from individually minor, but collectively significant actions taking place over a period of time. To the extent feasible and practicable, FMPs should analyze how the cumulative impacts of fishing and non-fishing activities influence the function of EFH on an ecosystem or watershed scale. An assessment of the cumulative and synergistic effects of multiple threats, including the effects of natural stresses (such as storm damage or climate-based environmental shifts) and an assessment of the ecological risks resulting from the impact of those threats on EFH, also should be included.\n\n(6)  Conservation and enhancement.  FMPs must identify actions to encourage the conservation and enhancement of EFH, including recommended options to avoid, minimize, or compensate for the adverse effects identified pursuant to paragraphs (a)(3) through (5) of this section, especially in habitat areas of particular concern.\n\n(7)  Prey species.  Loss of prey may be an adverse effect on EFH and managed species because the presence of prey makes waters and substrate function as feeding habitat, and the definition of EFH includes waters and substrate necessary to fish for feeding. Therefore, actions that reduce the availability of a major prey species, either through direct harm or capture, or through adverse impacts to the prey species' habitat that are known to cause a reduction in the population of the prey species, may be considered adverse effects on EFH if such actions reduce the quality of EFH. FMPs should list the major prey species for the species in the fishery management unit and discuss the location of prey species' habitat. Adverse effects on prey species and their habitats may result from fishing and non-fishing activities.\n\n(8)  Identification of habitat areas of particular concern.  FMPs should identify specific types or areas of habitat within EFH as habitat areas of particular concern based on one or more of the following considerations:\n\n(i) The importance of the ecological function provided by the habitat.\n\n(ii) The extent to which the habitat is sensitive to human-induced environmental degradation.\n\n(iii) Whether, and to what extent, development activities are, or will be, stressing the habitat type.\n\n(iv) The rarity of the habitat type.\n\n(9)  Research and information needs.  Each FMP should contain recommendations, preferably in priority order, for research efforts that the Councils and NMFS view as necessary to improve upon the description and identification of EFH, the identification of threats to EFH from fishing and other activities, and the development of conservation and enhancement measures for EFH.\n\n(10)  Review and revision of EFH components of FMPs.  Councils and NMFS should periodically review the EFH provisions of FMPs and revise or amend EFH provisions as warranted based on available information. FMPs should outline the procedures the Council will follow to review and update EFH information. The review of information should include, but not be limited to, evaluating published scientific literature and unpublished scientific reports; soliciting information from interested parties; and searching for previously unavailable or inaccessible data. Councils should report on their review of EFH information as part of the annual Stock Assessment and Fishery Evaluation (SAFE) report prepared pursuant to \u00a7 600.315(e). A complete review of all EFH information should be conducted as recommended by the Secretary, but at least once every 5 years.\n\n(b)  Development of EFH recommendations for Councils.  After reviewing the best available scientific information, as well as other appropriate information, and in consultation with the Councils, participants in the fishery, interstate commissions, Federal agencies, state agencies, and other interested parties, NMFS will develop written recommendations to assist each Council in the identification of EFH, adverse impacts to EFH, and actions that should be considered to ensure the conservation and enhancement of EFH for each FMP. NMFS will provide such recommendations for the initial incorporation of EFH information into an FMP and for any subsequent modification of the EFH components of an FMP. The NMFS EFH recommendations may be provided either before the Council's development of a draft EFH document or later as a review of a draft EFH document developed by a Council, as appropriate.\n\n(c)  Relationship to other fishery management authorities.  Councils are encouraged to coordinate with state and interstate fishery management agencies where Federal fisheries affect state and interstate managed fisheries or where state or interstate fishery regulations affect the management of Federal fisheries. Where a state or interstate fishing activity adversely affects EFH, NMFS will consider that action to be an adverse effect on EFH pursuant to paragraph (a)(3) of this section and will provide EFH Conservation Recommendations to the appropriate state or interstate fishery management agency on that activity."], ["50:50:12.0.1.1.1.11.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.905 Purpose, scope, and NMFS/Council cooperation.", "FWS", "", "", "", "(a)  Purpose.  These procedures address the coordination, consultation, and recommendation requirements of sections 305(b)(1)(D) and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these procedures is to promote the protection of EFH in the review of Federal and state actions that may adversely affect EFH.\n\n(b)  Scope.  Section 305(b)(1)(D) of the Magnuson-Stevens Act requires the Secretary to coordinate with, and provide information to, other Federal agencies regarding the conservation and enhancement of EFH. Section 305(b)(2) requires all Federal agencies to consult with the Secretary on all actions or proposed actions authorized, funded, or undertaken by the agency that may adversely affect EFH. Sections 305(b)(3) and (4) direct the Secretary and the Councils to provide comments and EFH Conservation Recommendations to Federal or state agencies on actions that affect EFH. Such recommendations may include measures to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH resulting from actions or proposed actions authorized, funded, or undertaken by that agency. Section 305(b)(4)(B) requires Federal agencies to respond in writing to such comments. The following procedures for coordination, consultation, and recommendations allow all parties involved to understand and implement the requirements of the Magnuson-Stevens Act.\n\n(c)  Cooperation between Councils and NMFS.  The Councils and NMFS should cooperate closely to identify actions that may adversely affect EFH, to develop comments and EFH Conservation Recommendations to Federal and state agencies, and to provide EFH information to Federal and state agencies. NMFS will work with each Council to share information and to coordinate Council and NMFS comments and recommendations on actions that may adversely affect EFH. However, NMFS and the Councils also have the authority to act independently."], ["50:50:12.0.1.1.1.11.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.910 Definitions and word usage.", "FWS", "", "", "", "(a)  Definitions.  In addition to the definitions in the Magnuson-Stevens Act and \u00a7 600.10, the terms in this subpart have the following meanings:\n\nAdverse effect  means any impact that reduces quality and/or quantity of EFH. Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions.\n\nAnadromous fishery resource under Council authority  means an anadromous species managed under an FMP.\n\nFederal action  means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a Federal agency.\n\nHabitat areas of particular concern  means those areas of EFH identified pursuant to \u00a7 600.815(a)(8).\n\nState action  means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a state agency.\n\n(b)  Word usage.  The terms \u201cmust\u201d, \u201cshall\u201d, \u201cshould\u201d, \u201cmay\u201d, \u201cmay not\u201d, \u201cwill\u201d, \u201ccould\u201d, and \u201ccan\u201d are used in the same manner as in \u00a7 600.305(c)."], ["50:50:12.0.1.1.1.11.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.915 Coordination for the conservation and enhancement of EFH.", "FWS", "", "", "", "To further the conservation and enhancement of EFH in accordance with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile and make available to other Federal and state agencies, and the general public, information on the locations of EFH, including maps and/or narrative descriptions. NMFS will also provide information on ways to improve ongoing Federal operations to promote the conservation and enhancement of EFH. Federal and state agencies empowered to authorize, fund, or undertake actions that may adversely affect EFH are encouraged to contact NMFS and the Councils to become familiar with areas designated as EFH, potential threats to EFH, and opportunities to promote the conservation and enhancement of EFH."], ["50:50:12.0.1.1.1.11.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.920 Federal agency consultation with the Secretary.", "FWS", "", "", "", "(a)  Consultation generally \u2014(1)  Actions requiring consultation.  Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal agencies must consult with NMFS regarding any of their actions authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken that may adversely affect EFH. EFH consultation is not required for actions that were completed prior to the approval of EFH designations by the Secretary, e.g., issued permits. Consultation is required for renewals, reviews, or substantial revisions of actions if the renewal, review, or revision may adversely affect EFH. Consultation on Federal programs delegated to non-Federal entities is required at the time of delegation, review, and renewal of the delegation. EFH consultation is required for any Federal funding of actions that may adversely affect EFH. NMFS and Federal agencies responsible for funding actions that may adversely affect EFH should consult on a programmatic level under paragraph (j) of this section, if appropriate, with respect to these actions. Consultation is required for emergency Federal actions that may adversely affect EFH, such as hazardous material clean-up, response to natural disasters, or actions to protect public safety. Federal agencies should contact NMFS early in emergency response planning, but may consult after-the-fact if consultation on an expedited basis is not practicable before taking the action.\n\n(2)  Approaches for conducting consultation.  Federal agencies may use one of the five approaches described in paragraphs (f) through (j) of this section to fulfill the EFH consultation requirements. The selection of a particular approach for handling EFH consultation depends on the nature and scope of the actions that may adversely affect EFH. Federal agencies should use the most efficient approach for EFH consultation that is appropriate for a given action or actions. The five approaches are: use of existing environmental review procedures, General Concurrence, abbreviated consultation, expanded consultation, and programmatic consultation.\n\n(3)  Early notification and coordination.  The Federal agency should notify NMFS in writing as early as practicable regarding actions that may adversely affect EFH. Notification will facilitate discussion of measures to conserve EFH. Such early coordination should occur during pre-application planning for projects subject to a Federal permit or license and during preliminary planning for projects to be funded or undertaken directly by a Federal agency.\n\n(b)  Designation of lead agency.  If more than one Federal agency is responsible for a Federal action, the consultation requirements of sections 305(b)(2) through (4) of the Magnuson-Stevens Act may be fulfilled through a lead agency. The lead agency should notify NMFS in writing that it is representing one or more additional agencies. Alternatively, if one Federal agency has completed an EFH consultation for an action and another Federal agency acts separately to authorize, fund, or undertake the same activity (such as issuing a permit for an activity that was funded via a separate Federal action), the completed EFH consultation may suffice for both Federal actions if it adequately addresses the adverse effects of the actions on EFH. Federal agencies may need to consult with NMFS separately if, for example, only one of the agencies has the authority to implement measures necessary to minimize adverse effects on EFH and that agency does not act as the lead agency.\n\n(c)  Designation of non-Federal representative.  A Federal agency may designate a non-Federal representative to conduct an EFH consultation by giving written notice of such designation to NMFS. If a non-Federal representative is used, the Federal action agency remains ultimately responsible for compliance with sections 305(b)(2) and 305(b)(4)(B) of the Magnuson-Stevens Act.\n\n(d)  Best available information.  The Federal agency and NMFS must use the best scientific information available regarding the effects of the action on EFH and the measures that can be taken to avoid, minimize, or offset such effects. Other appropriate sources of information may also be considered.\n\n(e)  EFH Assessments \u2014(1)  Preparation requirement.  For any Federal action that may adversely affect EFH, Federal agencies must provide NMFS with a written assessment of the effects of that action on EFH. For actions covered by a General Concurrence under paragraph (g) of this section, an EFH Assessment should be completed during the development of the General Concurrence and is not required for the individual actions. For actions addressed by a programmatic consultation under paragraph (j) of this section, an EFH Assessment should be completed during the programmatic consultation and is not required for individual actions implemented under the program, except in those instances identified by NMFS in the programmatic consultation as requiring separate EFH consultation. Federal agencies are not required to provide NMFS with assessments regarding actions that they have determined would not adversely affect EFH. Federal agencies may incorporate an EFH Assessment into documents prepared for other purposes such as Endangered Species Act (ESA) Biological Assessments pursuant to 50 CFR part 402 or National Environmental Policy Act (NEPA) documents and public notices pursuant to 40 CFR part 1500. If an EFH Assessment is contained in another document, it must include all of the information required in paragraph (e)(3) of this section and be clearly identified as an EFH Assessment. The procedure for combining an EFH consultation with other environmental reviews is set forth in paragraph (f) of this section.\n\n(2)  Level of detail.  The level of detail in an EFH Assessment should be commensurate with the complexity and magnitude of the potential adverse effects of the action. For example, for relatively simple actions involving minor adverse effects on EFH, the assessment may be very brief. Actions that may pose a more serious threat to EFH warrant a correspondingly more detailed EFH Assessment.\n\n(3)  Mandatory contents.  The assessment must contain:\n\n(i) A description of the action.\n\n(ii) An analysis of the potential adverse effects of the action on EFH and the managed species.\n\n(iii) The Federal agency's conclusions regarding the effects of the action on EFH.\n\n(iv) Proposed mitigation, if applicable.\n\n(4)  Additional information.  If appropriate, the assessment should also include:\n\n(i) The results of an on-site inspection to evaluate the habitat and the site-specific effects of the project.\n\n(ii) The views of recognized experts on the habitat or species that may be affected.\n\n(iii) A review of pertinent literature and related information.\n\n(iv) An analysis of alternatives to the action. Such analysis should include alternatives that could avoid or minimize adverse effects on EFH.\n\n(v) Other relevant information.\n\n(5)  Incorporation by reference.  The assessment may incorporate by reference a completed EFH Assessment prepared for a similar action, supplemented with any relevant new project specific information, provided the proposed action involves similar impacts to EFH in the same geographic area or a similar ecological setting. It may also incorporate by reference other relevant environmental assessment documents. These documents must be provided to NMFS with the EFH Assessment.\n\n(f)  Use of existing environmental review procedures \u2014(1)  Purpose and criteria.  Consultation and commenting under sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act should be consolidated, where appropriate, with interagency consultation, coordination, and environmental review procedures required by other statutes, such as NEPA, the Fish and Wildlife Coordination Act, Clean Water Act, ESA, and Federal Power Act. The requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act, including consultations that would be considered to be abbreviated or expanded consultations under paragraphs (h) and (i) of this section, can be combined with existing procedures required by other statutes if such processes meet, or are modified to meet, the following criteria:\n\n(i) The existing process must provide NMFS with timely notification of actions that may adversely affect EFH. The Federal agency should notify NMFS according to the same timeframes for notification (or for public comment) as in the existing process. Whenever possible, NMFS should have at least 60 days notice prior to a final decision on an action, or at least 90 days if the action would result in substantial adverse impacts. NMFS and the action agency may agree to use shorter timeframes provided that they allow sufficient time for NMFS to develop EFH Conservation Recommendations.\n\n(ii) Notification must include an assessment of the impacts of the action on EFH that meets the requirements for EFH Assessments contained in paragraph (e) of this section. If the EFH Assessment is contained in another document, the Federal agency must identify that section of the document as the EFH Assessment.\n\n(iii) NMFS must have made a finding pursuant to paragraph (f)(3) of this section that the existing process can be used to satisfy the requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act.\n\n(2)  NMFS response to Federal agency.  If an existing environmental review process is used to fulfill the EFH consultation requirements, the comment deadline for that process should apply to the submittal of NMFS EFH Conservation Recommendations under section 305(b)(4)(A) of the Magnuson-Stevens Act, unless NMFS and the Federal agency agree to a different deadline. If NMFS EFH Conservation Recommendations are combined with other NMFS or NOAA comments on a Federal action, such as NOAA comments on a draft Environmental Impact Statement, the EFH Conservation Recommendations will be clearly identified as such (e.g., a section in the comment letter entitled \u201cEFH Conservation Recommendations\u201d) and a Federal agency response pursuant to section 305(b)(4)(B) of the Magnuson-Stevens Act is required for only the identified portion of the comments.\n\n(3)  NMFS finding.  A Federal agency with an existing environmental review process should contact NMFS at the appropriate level (regional offices for regional processes, headquarters office for national processes) to discuss how to combine the EFH consultation requirements with the existing process, with or without modifications. If, at the conclusion of these discussions, NMFS determines that the existing or modified process meets the criteria of paragraph (f)(1) of this section, NMFS will make a finding that the process can be used to satisfy the EFH consultation requirements of the Magnuson-Stevens Act. If NMFS does not make such a finding, or if there are no existing consultation processes relevant to the Federal agency's actions, the agency and NMFS should follow one of the approaches for consultation discussed in the following sections.\n\n(g)  General Concurrence \u2014(1)  Purpose.  A General Concurrence identifies specific types of Federal actions that may adversely affect EFH, but for which no further consultation is generally required because NMFS has determined, through an analysis of that type of action, that it will likely result in no more than minimal adverse effects individually and cumulatively. General Concurrences may be national or regional in scope.\n\n(2)  Criteria.  (i) For Federal actions to qualify for General Concurrence, NMFS must determine that the actions meet all of the following criteria:\n\n(A) The actions must be similar in nature and similar in their impact on EFH.\n\n(B) The actions must not cause greater than minimal adverse effects on EFH when implemented individually.\n\n(C) The actions must not cause greater than minimal cumulative adverse effects on EFH.\n\n(ii) Actions qualifying for General Concurrence must be tracked to ensure that their cumulative effects are no more than minimal. In most cases, tracking actions covered by a General Concurrence will be the responsibility of the Federal agency. However, NMFS may agree to track such actions. Tracking should include numbers of actions and the amount and type of habitat adversely affected, and should specify the baseline against which the actions will be tracked. The agency responsible for tracking such actions should make the information available to NMFS, the applicable Council(s), and to the public on an annual basis.\n\n(iii) Categories of Federal actions may also qualify for General Concurrence if they are modified by appropriate conditions that ensure the actions will meet the criteria in paragraph (g)(2)(i) of this section. For example, NMFS may provide General Concurrence for additional actions contingent upon project size limitations, seasonal restrictions, or other conditions.\n\n(iv) If a General Concurrence is proposed for actions that may adversely affect habitat areas of particular concern, the General Concurrence should be subject to a higher level of scrutiny than a General Concurrence not involving a habitat area of particular concern.\n\n(3)  General Concurrence development.  A Federal agency may request a General Concurrence for a category of its actions by providing NMFS with an EFH Assessment containing a description of the nature and approximate number of the actions, an analysis of the effects of the actions on EFH, including cumulative effects, and the Federal agency's conclusions regarding the magnitude of such effects. If NMFS agrees that the actions fit the criteria in paragraph (g)(2)(i) of this section, NMFS will provide the Federal agency with a written statement of General Concurrence that further consultation is not required. If NMFS does not agree that the actions fit the criteria in paragraph (g)(2)(i) of this section, NMFS will notify the Federal agency that a General Concurrence will not be issued and that another type of consultation will be required. If NMFS identifies specific types of Federal actions that may meet the requirements for a General Concurrence, NMFS may initiate and complete a General Concurrence.\n\n(4)  Further consultation.  NMFS may request notification for actions covered under a General Concurrence if NMFS concludes there are circumstances under which such actions could result in more than a minimal impact on EFH, or if it determines that there is no process in place to adequately assess the cumulative impacts of actions covered under the General Concurrence. NMFS may request further consultation for these actions on a case-by-case basis. Each General Concurrence should establish specific procedures for further consultation, if appropriate.\n\n(5)  Notification.  After completing a General Concurrence, NMFS will provide a copy to the appropriate Council(s) and will make the General Concurrence available to the public by posting the document on the internet or through other appropriate means.\n\n(6)  Revisions.  NMFS will periodically review and revise its General Concurrences, as appropriate.\n\n(h)  Abbreviated consultation procedures \u2014(1)  Purpose and criteria.  Abbreviated consultation allows NMFS to determine quickly whether, and to what degree, a Federal action may adversely affect EFH. Federal actions that may adversely affect EFH should be addressed through the abbreviated consultation procedures when those actions do not qualify for a General Concurrence, but do not have the potential to cause substantial adverse effects on EFH. For example, the abbreviated consultation procedures should be used when the adverse effect(s) of an action could be alleviated through minor modifications.\n\n(2)  Notification by agency and submittal of EFH Assessment.  Abbreviated consultation begins when NMFS receives from the Federal agency an EFH Assessment in accordance with paragraph (e) of this section and a written request for consultation.\n\n(3)  NMFS response to Federal agency.  If NMFS determines, contrary to the Federal agency's assessment, that an action would not adversely affect EFH, or if NMFS determines that no EFH Conservation Recommendations are needed, NMFS will notify the Federal agency either informally or in writing of its determination. If NMFS believes that the action may result in substantial adverse effects on EFH, or that additional analysis is needed to assess the effects of the action, NMFS will request in writing that the Federal agency initiate expanded consultation. Such request will explain why NMFS believes expanded consultation is needed and will specify any new information needed. If expanded consultation is not necessary, NMFS will provide EFH Conservation Recommendations, if appropriate, pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act.\n\n(4)  Timing.  The Federal agency must submit its EFH Assessment to NMFS as soon as practicable, but at least 60 days prior to a final decision on the action. NMFS must respond in writing within 30 days. NMFS and the Federal agency may agree to use a compressed schedule in cases where regulatory approvals or emergency situations cannot accommodate 30 days for consultation, or to conduct consultation earlier in the planning cycle for actions with lengthy approval processes.\n\n(i)  Expanded consultation procedures \u2014(1)  Purpose and criteria.  Expanded consultation allows maximum opportunity for NMFS and the Federal agency to work together to review the action's impacts on EFH and to develop EFH Conservation Recommendations. Expanded consultation procedures must be used for Federal actions that would result in substantial adverse effects to EFH. Federal agencies are encouraged to contact NMFS at the earliest opportunity to discuss whether the adverse effects of an action make expanded consultation appropriate.\n\n(2)  Notification by agency and submittal of EFH Assessment.  Expanded consultation begins when NMFS receives from the Federal agency an EFH Assessment in accordance with paragraph (e) of this section and a written request for expanded consultation. Federal agencies are encouraged to provide in the EFH Assessment the additional information identified under paragraph (e)(4) of this section to facilitate review of the effects of the action on EFH.\n\n(3)  NMFS response to Federal agency.  NMFS will:\n\n(i) Review the EFH Assessment, any additional information furnished by the Federal agency, and other relevant information.\n\n(ii) Conduct a site visit, if appropriate, to assess the quality of the habitat and to clarify the impacts of the Federal agency action. Such a site visit should be coordinated with the Federal agency and appropriate Council(s), if feasible.\n\n(iii) Coordinate its review of the action with the appropriate Council(s).\n\n(iv) Discuss EFH Conservation Recommendations with the Federal agency and provide such recommendations to the Federal agency, pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act.\n\n(4)  Timing.  The Federal agency must submit its EFH Assessment to NMFS as soon as practicable, but at least 90 days prior to a final decision on the action. NMFS must respond within 60 days of submittal of a complete EFH Assessment unless consultation is extended by agreement between NMFS and the Federal agency. NMFS and Federal agencies may agree to use a compressed schedule in cases where regulatory approvals or emergency situations cannot accommodate 60 days for consultation, or to conduct consultation earlier in the planning cycle for actions with lengthy approval processes.\n\n(5)  Extension of consultation.  If NMFS determines that additional data or analysis would provide better information for development of EFH Conservation Recommendations, NMFS may request additional time for expanded consultation. If NMFS and the Federal agency agree to an extension, the Federal agency should provide the additional information to NMFS, to the extent practicable. If NMFS and the Federal agency do not agree to extend consultation, NMFS must provide EFH Conservation Recommendations to the Federal agency using the best scientific information available to NMFS.\n\n(j)  Programmatic consultation \u2014(1)  Purpose.  Programmatic consultation provides a means for NMFS and a Federal agency to consult regarding a potentially large number of individual actions that may adversely affect EFH. Programmatic consultation will generally be the most appropriate option to address funding programs, large-scale planning efforts, and other instances where sufficient information is available to address all reasonably foreseeable adverse effects on EFH of an entire program, parts of a program, or a number of similar individual actions occurring within a given geographic area.\n\n(2)  Process.  A Federal agency may request programmatic consultation by providing NMFS with an EFH Assessment in accordance with paragraph (e) of this section. The description of the proposed action in the EFH Assessment should describe the program and the nature and approximate number (annually or by some other appropriate time frame) of the actions. NMFS may also initiate programmatic consultation by requesting pertinent information from a Federal agency.\n\n(3)  NMFS response to Federal agency.  NMFS will respond to the Federal agency with programmatic EFH Conservation Recommendations and, if applicable, will identify any potential adverse effects that could not be addressed programmatically and require project-specific consultation. NMFS may also determine that programmatic consultation is not appropriate, in which case all EFH Conservation Recommendations will be deferred to project-specific consultations. If appropriate, NMFS' response may include a General Concurrence for activities that qualify under paragraph (g) of this section.\n\n(k)  Responsibilities of Federal agency following receipt of EFH Conservation Recommendations \u2014(1)  Federal agency response.  As required by section 305(b)(4)(B) of the Magnuson-Stevens Act, the Federal agency must provide a detailed response in writing to NMFS and to any Council commenting on the action under section 305(b)(3) of the Magnuson-Stevens Act within 30 days after receiving an EFH Conservation Recommendation from NMFS. Such a response must be provided at least 10 days prior to final approval of the action if the response is inconsistent with any of NMFS' EFH Conservation Recommendations, unless NMFS and the Federal agency have agreed to use alternative time frames for the Federal agency response. The response must include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on EFH. In the case of a response that is inconsistent with NMFS Conservation Recommendations, the Federal agency must explain its reasons for not following the recommendations, including the scientific justification for any disagreements with NMFS over the anticipated effects of the action and the measures needed to avoid, minimize, mitigate, or offset such effects.\n\n(2)  Further review of decisions inconsistent with NMFS or Council recommendations.  If a Federal agency decision is inconsistent with a NMFS EFH Conservation Recommendation, the Assistant Administrator for Fisheries may request a meeting with the head of the Federal agency, as well as with any other agencies involved, to discuss the action and opportunities for resolving any disagreements. If a Federal agency decision is also inconsistent with a Council recommendation made pursuant to section 305(b)(3) of the Magnuson-Stevens Act, the Council may request that the Assistant Administrator initiate further review of the Federal agency's decision and involve the Council in any interagency discussion to resolve disagreements with the Federal agency. The Assistant Administrator will make every effort to accommodate such a request. NMFS may develop written procedures to further define such review processes.\n\n(l)  Supplemental consultation.  A Federal agency must reinitiate consultation with NMFS if the agency substantially revises its plans for an action in a manner that may adversely affect EFH or if new information becomes available that affects the basis for NMFS EFH Conservation Recommendations."], ["50:50:12.0.1.1.1.11.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.925 NMFS EFH Conservation Recommendations to Federal and state agencies.", "FWS", "", "", "", "(a)  General.  Under section 305(b)(4)(A) of the Magnuson-Stevens Act, NMFS is required to provide EFH Conservation Recommendations to Federal and state agencies for actions that would adversely affect EFH. NMFS will not recommend that state or Federal agencies take actions beyond their statutory authority.\n\n(b)  Recommendations to Federal agencies.  For Federal actions, EFH Conservation Recommendations will be provided to Federal agencies as part of EFH consultations conducted pursuant to \u00a7 600.920. If NMFS becomes aware of a Federal action that would adversely affect EFH, but for which a Federal agency has not initiated an EFH consultation, NMFS may request that the Federal agency initiate EFH consultation, or NMFS will provide EFH Conservation Recommendations based on the information available.\n\n(c)  Recommendations to state agencies \u2014(1)  Establishment of procedures.  The Magnuson-Stevens Act does not require state agencies to consult with the Secretary regarding EFH. NMFS will use existing coordination procedures or establish new procedures to identify state actions that may adversely affect EFH, and to determine the most appropriate method for providing EFH Conservation Recommendations to state agencies.\n\n(2)  Coordination with states on recommendations to Federal agencies.  When an action that would adversely affect EFH is authorized, funded, or undertaken by both Federal and state agencies, NMFS will provide the appropriate state agencies with copies of EFH Conservation Recommendations developed as part of the Federal consultation procedures in \u00a7 600.920. NMFS will also seek agreements on sharing information and copies of recommendations with Federal or state agencies conducting similar consultation and recommendation processes to ensure coordination of such efforts.\n\n(d)  Coordination with Councils.  NMFS will coordinate with each Council to identify the types of actions on which Councils intend to comment pursuant to section 305(b)(3) of the Magnuson-Stevens Act. For such actions NMFS will share pertinent information with the Council, including copies of NMFS' EFH Conservation Recommendations."], ["50:50:12.0.1.1.1.11.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "K", "Subpart K\u2014EFH Coordination, Consultation, and Recommendations", "", "\u00a7 600.930 Council comments and recommendations to Federal and state agencies.", "FWS", "", "", "", "Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may comment on and make recommendations to the Secretary and any Federal or state agency concerning any activity or proposed activity authorized, funded, or undertaken by the agency that, in the view of the Council, may affect the habitat, including EFH, of a fishery resource under its authority. Councils must provide such comments and recommendations concerning any activity that, in the view of the Council, is likely to substantially affect the habitat, including EFH, of an anadromous fishery resource under Council authority.\n\n(a)  Establishment of procedures.  Each Council should establish procedures for reviewing Federal or state actions that may adversely affect the habitat, including EFH, of a species under its authority. Each Council may receive information on actions of concern by methods such as directing Council staff to track proposed actions, recommending that the Council's habitat committee identify actions of concern, or entering into an agreement with NMFS to have the appropriate Regional Administrator notify the Council of actions of concern that would adversely affect EFH. Federal and state actions often follow specific timetables which may not coincide with Council meetings. Therefore, Councils should consider establishing abbreviated procedures for the development of Council recommendations.\n\n(b)  Early involvement.  Councils should provide comments and recommendations on proposed state and Federal actions of concern as early as practicable in project planning to ensure thorough consideration of Council concerns by the action agency. Each Council should provide NMFS with copies of its comments and recommendations to state and Federal agencies."], ["50:50:12.0.1.1.1.12.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1000 Definitions.", "FWS", "", "", "[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]", "In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in \u00a7 600.10 of this title, the terms used in this subpart have the following meanings:\n\nAddress of Record  means the business address of a person, partnership, or corporation. Addresses listed on permits or other NMFS records are presumed to be business addresses, unless clearly indicated otherwise.\n\nBid  means the price a vessel owner or reduction fishery permit holder requests for reduction of his/her fishing capacity. It is an irrevocable offer in response to the invitation to bid in \u00a7 600.1009.\n\nBorrower  means, individually and collectively, each post-reduction fishing permit holder and/or fishing vessel owner fishing in the reduction fishery.\n\nBusiness plan  means the document containing the information specified in \u00a7 600.1003(n) and required to be submitted with a request for a financed program.\n\nBusiness week  means a 7-day period, Saturday through Friday.\n\nControlling fishery management plan or program (CFMP)  means either any fishery management plan or any state fishery management plan or program, including amendments to the plan or program, pursuant to which a fishery is managed.\n\nDelivery value  means:\n\n(1) For unprocessed fish, all compensation that a fish buyer pays to a fish seller in exchange for fee fish; and\n\n(2) For processed fish, all compensation that a fish buyer would have paid to a fish seller in exchange for fee fish if the fee fish had been unprocessed fish instead of processed fish.\n\nDelivery value encompasses fair market value, as defined herein, and includes the value of all in-kind compensation or all other goods or services exchanged in lieu of cash. It is synonymous with the statutory term \u201cex-vessel value\u201d as used in section 312 of the Magnuson Act.\n\nDeposit principal  means all collected fee revenue that a fish buyer deposits in a segregated account maintained at a federally insured financial institution for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying a reduction loan.\n\nFair market value  means the amount that a buyer pays a seller in an arm's length transaction or, alternatively, would pay a seller if the transaction were at arm's length.\n\nFee  means the amount that fish buyers deduct from the delivery value under a financed reduction program. The fee is the delivery value times the reduction fishery's applicable fee rate under section 600.1013.\n\nFee fish  means all fish harvested from a reduction fishery involving a financed program during the period in which any amount of the reduction loan remains unpaid. The term fee fish excludes fish harvested incidentally while fishing for fish not included in the reduction fishery.\n\nFinal development plan  means the document NMFS prepares, under \u00a7 600.1006(b) and based on the preliminary development plan the requester submits, for a subsidized program.\n\nFinanced  means funded, in any part, by a reduction loan.\n\nFish buyer  means the first ex-vessel party who:\n\n(1) In an arm's\u2014length transaction, purchases fee fish from a fish seller;\n\n(2) Takes fish on consignment from a fish seller; or\n\n(3) Otherwise receives fish from a fish seller in a non arm's-length transaction.\n\nFish delivery  means the point at which a fish buyer first purchases fee fish or takes possession of fee fish from a fish seller.\n\nFishing capacity reduction specifications  means the minimum amount of fishing capacity reduction and the maximum amount of reduction loan principal specified in a business plan.\n\nFish seller  means the party who harvests and first sells or otherwise delivers fee fish to a fish buyer.\n\nFishery Management Plan (FMP)  means any Federal fishery management plan, including amendments to the plan, that the Secretary of Commerce approves or adopts pursuant to section 303 of the Magnuson-Stevens Act.\n\nFund  means the Fishing Capacity Reduction Fund, and each subaccount for each program, established in the U.S. Treasury for the deposit into, and disbursement from, all funds, including all reduction loan capital and all fee revenue, involving each program.\n\nImplementation plan  means the plan in \u00a7 600.1008 for carrying out each program.\n\nImplementation regulations  mean the regulations in \u00a7 600.1008 for carrying out each program.\n\nNet delivery value  means the delivery value minus the fee.\n\nPost-bidding referendum  means a referendum that follows bidding under \u00a7 600.1009.\n\nPost-reduction  means after a program reduces fishing capacity in a reduction fishery.\n\nPre-bidding referendum  means a referendum that occurs at any time after a request for a financed program but before a proposal under \u00a7 600.1008 of an implementation plan and implementation regulations.\n\nPreliminary development plan  means the document specified in \u00a7 600.1005(g) and required to be submitted with a request for a subsidized program.\n\nProcessed fish  means fish in any form different from the form in which the fish existed at the time the fish was first harvested, unless any such difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish.\n\nProgram  means each instance of reduction under this subpart, in each reduction fishery\u2014starting with a request and ending, for a financed program, with full reduction loan repayment.\n\nReduction  means the act of reducing fishing capacity under any program.\n\nReduction amendment  means any amendment, or, where appropriate, framework adjustment, to a CFMP that may be necessary for a program to meet the requirements of this subpart.\n\nReduction amendment specifications  mean the reduction amendment to a CFMP specified in a business plan.\n\nReduction contract  means the invitation to bid under \u00a7 600.1009, together with each bidder's irrevocable offer and NMFS' conditional or non-conditional acceptance of each such bid under \u00a7 600.1009.\n\nReduction cost  means the total dollar amount of all reduction payments to fishing permit owners, fishing vessel owners, or both, in a reduction fishery.\n\nReduction fishery  means the fishery or portion of a fishery to which a program applies. The reduction fishery must specify each included species, as well as any limitations by gear type, fishing vessel size, geographic area, and any other relevant factor(s).\n\nReduction loan  means a loan, under section 1111 and section 1112 of Title XI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279f and g App.), for financing any portion, or all, of a financed program's reduction cost and repayable by a fee under, and in accordance with, \u00a7 600.1012, \u00a7 600.1013, and \u00a7 600.1014.\n\nReduction payment  means the Federal Government's fishing capacity reduction payment to a fishing permit owner, fishing vessel owner, or both, under a reduction contract. Additionally, it is payment for reduction to each bidder whose bid NMFS accepts under \u00a7 600.1009. In a financed program each reduction payment constitutes a disbursement of a reduction loan's proceeds and is for either revoking a fishing permit or both revoking a fishing permit and withdrawing a vessel from fishing either by scrapping or title restriction.\n\nReduction permit  means any fishing permit revoked in a program in exchange for a reduction payment under a reduction contract.\n\nReduction vessel  means any fishing vessel withdrawn from fishing either by scrapping or title restriction in exchange for a reduction payment under a reduction contract.\n\nReferendum  means the voting process under \u00a7 600.1010 for approving the fee system for repaying a reduction loan.\n\nRequest  means a request, under \u00a7 600.1001, for a program.\n\nRequester  means a Council for a fishery identified in \u00a7 600.1001(c) or a state governor for a fishery identified in \u00a7 600.1001(d), or a majority of permit holders in the fishery.\n\nScrap  means to completely and permanently reduce a fishing vessel's hull, superstructures, and other fixed structural components to fragments having value, if any, only as raw materials for reprocessing or for other non-fisheries use.\n\nSubsidized  means wholly funded by anything other than a reduction loan.\n\nTreasury percentage  means the annual percentage rate at which NMFS must pay interest to the U.S. Treasury on any principal amount that NMFS borrows from the U.S. Treasury in order to generate the funds with which to later disburse a reduction loan's principal amount.\n\nUnprocessed fish  means fish in the same form as the fish existed at the time the fish was harvested, unless any difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish.\n\nVote  means a vote in a referendum."], ["50:50:12.0.1.1.1.12.1.10", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1009 Bids.", "FWS", "", "", "[65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010]", "(a) Each invitation to bid, bid, bid acceptance, reduction contract, and bidder\u2014or any other party in any way affected by any of the foregoing\u2014under this subpart is subject to the terms and conditions in this section:\n\n(1) Each invitation to bid constitutes the entire terms and conditions of a reduction contract under which:\n\n(i) Each bidder makes an irrevocable offer to the United States of fishing capacity for reduction, and\n\n(ii) NMFS accepts or rejects, on behalf of the United States, each bidder's offer;\n\n(2) NMFS may, at any time before the bid expiration date, accept or reject any or all bids;\n\n(3) For a financed program in which bidding results do not conform to the fishing capacity reduction specifications, NMFS' acceptance of any bid is subject to the condition that the industry fee system necessary to repay the reduction loan is subsequently approved by a successful post-bidding referendum conducted under \u00a7 600.1010. Approval or disapproval of the industry fee system by post-bidding referendum is an event that neither the United States nor the bidders can control. Disapproval of the industry fee system by an unsuccessful post-bidding referendum fully excuses both parties from any performance and fully discharges all duties under any reduction contract;\n\n(4) For a financed program in one reduction fishery that is being conducted under appropriate implementation regulations simultaneously with another financed program in another reduction fishery, where the acceptance of bids for each financed program is conditional upon successful post-bidding referenda approving industry fee systems for both financed programs, NMFS' acceptance of all bids is, in addition to any condition under paragraph (a)(3) of this section, also subject to the additional conditions that both referenda approve the industry fee systems required for both financed programs\u2014all as otherwise provided in paragraph (a)(3) of this section;\n\n(5) Upon NMFS' acceptance of the bid and tender of a reduction payment, the bidder consents to:\n\n(i) The revocation, by NMFS, of any reduction permit, and\n\n(ii) Where the program also involves the withdrawal of reduction vessels from fishing:\n\n(A) Title restrictions imposed by the U.S. Coast Guard on any reduction vessel that is Federally documented to forever prohibit and effectively prevent any future use of the reduction vessel for fishing:\n\n( 1 ) In any area subject to the jurisdiction of the United States, or any state, territory, commonwealth, or possession of the United States, or\n\n( 2 ) On the high seas, or\n\n( 3 ) In the waters of a foreign nation; or\n\n(B) Scrapping of all reduction vessels involved in a fishing capacity reduction program, unless the reduction program vessel has been certified by the Secretary, and the requirements established under \u00a7 600.1002(c) are met. Where reduction vessel scrapping is involved and the reduction vessel's owner does not comply with the owner's obligation under the reduction contract to scrap the reduction vessel, the Secretary may take such measures as necessary to cause the reduction vessel's prompt scrapping. The scrapping will be at the reduction vessel owner's risk and expense. Upon completion of scrapping, NMFS will take such action as may be necessary to recover from the reduction vessel owner any cost, damages, or other expense NMFS incurred in the scrapping of the reduction vessel.\n\n(6) Money damages not being an adequate remedy for a bidder's breach of a reduction contract, the United States is, in all particulars, entitled to specific performance of each reduction contract. This includes, but is not limited to, the scrapping of a reduction vessel;\n\n(7) Any reduction payment is available, upon timely and adequately documented notice to NMFS, to satisfy liens, as allowed by law, against any reduction permit/and or reduction vessel; provided, however, that:\n\n(i) No reduction payment to any bidder either relieves the bidder of responsibility to discharge the obligation which gives rise to any lien or relieves any lien holder of responsibility to protect the lien holder's interest,\n\n(ii) No reduction payment in any way gives rise to any liability of the United States for the obligation underlying any lien,\n\n(iii) No lien holder has any right or standing, not otherwise provided by law, against the United States in connection with the revocation of any reduction permit or the title restriction or scrapping of any reduction vessel under this subpart, and\n\n(iv) This subpart does not provide any lien holder with any right or standing to seek to set aside any revocation of any reduction permit or the title restriction or scrapping of any reduction vessel for which the United States made, or has agreed to make, any reduction payment. A lien holder is limited to recovery against the holder of the reduction permit or the owner of the reduction vessel as otherwise provided by law; and\n\n(8) Each invitation to bid may specify such other terms and conditions as NMFS believes necessary to enforce specific performance of each reduction contract or otherwise to ensure completing each program. This includes, but is not limited to, each bidder's certification, subject to the penalties in \u00a7 600.1017, of the bidder's full authority to submit each bid and to dispose of the property involved in the bid in the manner contemplated by each invitation to bid.\n\n(b) NMFS will not invite bids for any program until NMFS determines that:\n\n(1) Any necessary reduction amendment is fully and finally approved and all provisions except those dependent on the completion of reduction are implemented;\n\n(2) The final implementation plan is adopted and the final implementation regulations are issued;\n\n(3) All required program funding is approved and in place, including all Federal appropriation and apportionment authority;\n\n(4) Any reduction loan involved is fully approved;\n\n(5) Any non-Federal funding involved is fully available at the required time for NMFS disbursement as reduction payments; and\n\n(6) All other actions necessary to disburse reduction payments, except for matters involving bidding and post-bidding referenda, are completed.\n\n(c) After making the affirmative determinations required under paragraph (b) of this section, NMFS will publish a  Federal Register  notice inviting eligible bidders to offer to the United States, under this subpart, fishing capacity for reduction.\n\n(d) NMFS may extend a bid closing date and/or a bid expiration date for a reasonable period. NMFS may also issue serial invitations to bid if the result of previous bidding, in NMFS' judgment, warrant this.\n\n(e) After the bid expiration date, NMFS will:\n\n(1) Analyze responsive bids;\n\n(2) Determine which bids, if any, NMFS accepts; and\n\n(3) Notify, by U.S. mail at each bidder's address of record, those bidders whose bids NMFS accepts that a reduction contract now exists between them and the United States\u2014subject, where appropriate, to the conditions provided for elsewhere in this subpart.\n\n(f) NMFS will keep confidential the identity of all bidders whose bids NMFS does not accept. In financed programs where bidding results do not conform to the fishing capacity reduction specifications, NMFS also will keep confidential the identity of all bidders whose bids NMFS does accept until after completing a successful post-bidding referendum under \u00a7 600.1010."], ["50:50:12.0.1.1.1.12.1.11", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1010 Referenda.", "FWS", "", "", "[65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010]", "(a)  Referendum success.  A referendum is successful if at least a majority of the permit holders in the fishery who participate in the fishery cast ballots in favor of an industry fee system.\n\n(b)  Pre-bidding referendum \u2014(1)  Initial referendum.  An initial pre-bidding referendum shall be conducted for each financed program. The business plan shall, subject to this subpart, determine the chronological relationship of the initial pre-bidding referendum to other pre-bidding aspects of the reduction process sequence. The initial pre-bidding referendum shall be based on the fishing capacity reduction specifications. If the initial pre-bidding referendum precedes the adoption of any necessary reduction amendment, the initial pre-bidding referendum shall also be based on the reduction amendment specifications. If the initial pre-bidding referendum follows the adoption of any necessary reduction amendment, the initial pre-bidding referendum shall also be based on the adopted reduction amendment;\n\n(2)  Successful initial pre-bidding referendum.  If the initial pre-bidding referendum is successful, the reduction process will proceed as follows:\n\n(i) If the initial pre-bidding referendum follows reduction amendment adoption, no second pre-bidding referendum shall be conducted,\n\n(ii) If the initial pre-bidding referendum precedes reduction amendment adoption, a second pre-bidding referendum shall be conducted if, in NMFS' judgment, the reduction amendment subsequently adopted differs, in any respect materially affecting the borrower's reduction investment in the program and the borrower's ability to repay the reduction loan, from the reduction amendment specifications upon which the initial pre-bidding referendum successfully occurred. The sole purpose of any second pre-bidding referendum shall be to determine whether the voters authorize an industry fee system despite any such difference between the reduction amendment specifications and a subsequently adopted reduction amendment.\n\n(3)  Unsuccessful initial pre-bidding referendum.  If the initial pre-bidding referendum is unsuccessful, the reduction process will either cease or NMFS may suspend the process pending an appropriate amendment of the business plan and the request.\n\n(c)  Post-bidding referendum.  A post-bidding referendum shall occur only if, in NMFS' judgment, the result of bidding under \u00a7 600.1009 does not conform, in any material respect, to the fishing capacity reduction specifications and such result justifies, in NMFS' judgment, conducting a post-bidding referendum. Bidding that results in reducing fishing capacity in any amount not less than the minimum fishing capacity reduction amount for any reduction loan amount not more than the maximum reduction loan amount, and otherwise achieves all material requirements of the fishing capacity reduction specifications, shall conform to the fishing capacity reduction specifications. The sole purpose of any post-bidding referendum shall be to determine whether voters authorize an industry fee system for bidding that results in reducing fishing capacity in any amount materially less than the minimum amount in the fishing capacity reduction specifications.\n\n(d) NMFS will conduct referenda in accordance with the following:\n\n(1)  Eligible voters.  The parties eligible to vote in each referendum are the parties whose names are listed as being eligible to vote in the notice published in the  Federal Register  under \u00a7 600.1004(a);\n\n(2)  Ballot issuance.  NMFS will mail, by U.S. certified mail, return receipt requested, a ballot to each eligible voter. Each ballot will bear a randomly derived, 5-digit number assigned to each eligible voter. Each ballot will contain a place for the voter to vote for or against the proposed industry fee system and a place, adjacent to the 5-digit number, for the signature of the fishing permit or fishing vessel owner to whom the ballot is addressed or, if the fishing permit or fishing vessel owner is an organization, the person having authority to vote and cast the ballot on the organization's behalf. Each ballot will contain a place for the person signing the ballot to print his or her name. NMFS will enclose with each ballot a specially-marked, postage-paid, pre-addressed envelope that each voter shall use to return the ballot to NMFS;\n\n(3)  Voter certification.  Each ballot will contain a certification, subject to the penalties set forth in \u00a7 600.1017, that the person signing the ballot is the fishing permit or fishing vessel owner to whom the ballot is addressed or, if the fishing permit or fishing vessel owner is an organization, the person having authority to vote and cast the ballot on the organization's behalf;\n\n(4)  Information included on a ballot.  Each ballot mailing will:\n\n(i) Summarize the referendum's nature and purpose,\n\n(ii) Specify the date by which NMFS must receive a ballot in order for the ballot to be counted as a qualified vote,\n\n(iii) Identify the place on the ballot for the voter to vote for or against the proposed industry fee system, the place on the ballot where the voter shall sign the ballot, and the purpose of the return envelope,\n\n(iv) For each pre-bidding referendum, state:\n\n(A) The fishing capacity reduction specifications,\n\n(B) The reduction loan's repayment term, and\n\n(C) The fee rate, or range of fee rates, prospectively necessary to amortize the reduction loan over the loan's term,\n\n(v) For each initial pre-bidding referendum that precedes reduction amendment adoption, state the reduction amendment specifications,\n\n(vi) For each initial pre-bidding referendum that follows reduction amendment adoption, summarize the material aspects of the reduction amendment adopted,\n\n(vii) For each second pre-bidding referendum, summarize how the adopted reduction amendment materially differs from the reduction amendment specifications upon which a successful initial pre-bidding referendum occurred and how this material difference affects the borrower's reduction investment in the program and the borrower's ability to repay the reduction loan,\n\n(viii) For each post-bidding referendum, specify the actual bidding results that do not conform to the fishing capacity reduction specifications, and\n\n(ix) State or include whatever else NMFS deems appropriate;\n\n(5)  Enclosures to accompany a ballot.  Each ballot mailing will include:\n\n(i) A specially-marked, postage-paid, and pre-addressed envelope that a voter must use to return the original of a ballot to NMFS by whatever means of delivery the voter chooses, and\n\n(ii) Such other materials as NMFS deems appropriate;\n\n(6)  Vote qualification.  A completed ballot qualifies to be counted as a vote if the ballot:\n\n(i) Is physically received by NMFS on or before the last day NMFS specifies for receipt of the ballot,\n\n(ii) Is cast for or against the proposed industry fee system,\n\n(iii) Is signed by the voter,\n\n(iv) Is the original ballot NMFS sent to the voter bearing the same 5-digit number that NMFS assigned to the voter, and\n\n(v) Was returned to NMFS in the specially-marked envelope that NMFS provided for the ballot's return;\n\n(6)  Vote tally and notification.  NMFS will:\n\n(i) Tally all ballots qualified to be counted as referendum votes,\n\n(ii) Notify, by U.S. mail at the address of record, all eligible voters who received ballots of:\n\n(A) The number of potential voters,\n\n(B) The number of actual voters who returned a ballot,\n\n(C) The number of returned ballots that qualified to be counted as referendum votes,\n\n(D) The number of votes for and the number of votes against the industry fee system, and\n\n(E) Whether the referendum was successful and approved the industry fee system or unsuccessful and disapproved the industry fee system, and\n\n(iii) If a successful referendum is a post-bidding referendum, NMFS will, at the same time and in the same manner, also notify the bidders whose bids were conditionally accepted that the condition pertaining to the reduction contracts between them and the United States is fulfilled;\n\n(7)  Conclusiveness of referendum determinations.  NMFS' determinations about ballot qualifications and about all other referendum matters, including, but not limited to, eligible voters and their addresses of record, are conclusive and final as of the date NMFS makes such determinations. No matter respecting such determinations shall impair, invalidate, avoid, or otherwise render unenforceable any referendum, reduction contract, reduction loan, or fee payment and collection obligation under \u00a7 600.1013 and \u00a7 600.1014 necessary to repay any reduction loan;\n\n(8)  Ballot confidentiality.  NMFS will not voluntarily release the name of any party who voted. NMFS will restrict the availability of all voter information to the maximum extent allowed by law; and\n\n(9)  Conclusive authorization of industry fee system.  Each successful referendum conclusively authorizes NMFS' imposition of an industry fee system\u2014including the fee payment, collection, and other provisions regarding fee payment and collection under \u00a7 600.1013 and \u00a7 600.1014\u2014to repay the reduction loan for each financed program that NMFS conducts under this subpart."], ["50:50:12.0.1.1.1.12.1.12", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1011 Reduction methods and other conditions.", "FWS", "", "", "", "(a)  Reduction permits or reduction permits and reduction vessels.  Each program may involve either the surrender and revocation of reduction permits or both the surrender and revocation of reduction permits and the withdrawal from fishing either by title restriction or by scrapping of reduction vessels. No financed program may, however, require such title restriction or scrapping of reduction vessels unless the business plan voluntarily includes the same.\n\n(b)  Reduction permit revocation and surrender.  Each reduction permit is, upon NMFS' tender of the reduction payment for the reduction permit, forever revoked. Each reduction permit holder shall, upon NMFS' tender of the reduction payment, surrender the original reduction permit to NMFS. The reduction permit holder, upon NMFS' tender of the reduction payment, forever relinquishes any claim associated with the reduction permit and with the fishing vessel that was used to harvest fishery resources under the reduction permit that could qualify the reduction permit holder or the fishing vessel owner for any present or future limited access system fishing permit in the reduction fishery.\n\n(c)  Reduction vessel title restriction or scrapping.  For each program that involves reduction vessel title restriction or scrapping:\n\n(1) Each reduction vessel that is subject to title restriction only and is thus not required to be scrapped, is, upon NMFS' tender of the reduction payment, forever prohibited from any future use for fishing in any area subject to the jurisdiction of the United States or any State, territory, possession, or commonwealth of the United States. NMFS will request that the U.S. Coast Guard permanently restrict each such reduction vessel's title to exclude the reduction vessel's future use for fishing in any such area;\n\n(2) Each reduction vessel owner whose reduction vessel is required to be scrapped shall, upon NMFS' tender of the reduction payment, immediately cease all further use of the reduction vessel and arrange, without delay and at the reduction vessel owner's expense, to scrap the reduction vessel to NMFS' satisfaction, including adequate provision for NMFS to document the physical act of scrapping; and\n\n(3) Each reduction vessel owner, upon NMFS' tender of the reduction payment, forever relinquishes any claim associated with the reduction vessel and with the reduction permit that could qualify the reduction vessel owner or the reduction permit holder for any present or future limited access system fishing permit in the reduction fishery.\n\n(d)  Fishing permits in a non-reduction fishery.  A financed program that does not involve the withdrawal from fishing or scrapping of reduction vessels may not require any holder of a reduction permit in a reduction fishery to surrender any fishing permit in any non-reduction fishery or restrict or revoke any fishing permit other than a reduction permit in the reduction fishery, except those fishing permits authorizing the incidental harvesting of species in any non-reduction fishery during, and as a consequence of, directed fishing for species in the reduction fishery.\n\n(e)  Reduction vessels disposition.  Where a business plan requires the withdrawal from fishing of reduction vessels as well as the revocation of reduction permits:\n\n(1) Each reduction vessel that is not documented under Federal law must in every case always be scrapped, without regard to whether a program is a financed program or a subsidized program;\n\n(2) No financed program may require any disposition of a reduction vessel documented under Federal law other than the title restriction in paragraph (b) of this section unless the business plan volunteers to do otherwise; and\n\n(3) Any subsidized program may require the scrapping of reduction vessels documented under Federal law.\n\n(f)  Reduction payments.  NMFS will disburse all reduction payments in the amount and in the manner prescribed in reduction contracts, except reduction payments that a bidder's reduction-contract nonperformance prevents NMFS from disbursing. In financed programs, the reduction loan's principal amount is the total amount of all reduction payments that NMFS disburses from the proceeds of a reduction loan. Any reduction payment that NMFS, because of a bidder's reduction-contract nonperformance, disburses but subsequently recovers, shall reduce the principal amount of the reduction loan accordingly.\n\n(g)  Effect of reduction-contract nonperformance.  No referendum, no reduction contract, no reduction loan, and no fee payment and collection obligation under \u00a7 600.1013 and \u00a7 600.1014 necessary to repay any reduction loan, shall be impaired, invalidated, avoided, or otherwise rendered unenforceable by virtue of any reduction contract's nonperformance. This is without regard to the cause of, or reason for, nonperformance. NMFS shall endeavor to enforce the specific performance of all reduction contracts, but NMFS' inability, for any reason, to enforce specific performance for any portion of such reduction contracts shall not relieve fish sellers of their obligation to pay, and fish buyers of their obligation to collect, the fee necessary to fully repay the full reduction loan balance that results from all reduction payments that NMFS actually makes and does not recover.\n\n(h)  Program completion.  Other than the payment and collection of the fee that repays a reduction loan and any other residual matters regarding reduction payments and the disposition of reduction permits and reduction vessels, a program shall be completed when NMFS tenders or makes all reduction payments under all reduction contracts that circumstances, in NMFS' judgment, reasonably permit NMFS to make."], ["50:50:12.0.1.1.1.12.1.13", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1012 Reduction loan.", "FWS", "", "", "", "(a)  Obligation.  The borrower shall be obligated to repay a reduction loan. The borrower's obligation to repay a reduction loan shall be discharged by fish sellers paying a fee in accordance with \u00a7 600.1013. Fish buyers shall be obligated to collect the fee in accordance with \u00a7 600.1013 and to deposit and disburse the fee revenue in accordance with \u00a7 600.1014.\n\n(b)  Principal amount, interest rate, repayment term, and penalties for non-payment or non-collection.  The reduction loan shall be:\n\n(1) In a principal amount that shall be determined by subsequent program events under this subpart, but which shall not exceed the maximum principal amount in the fishing capacity reduction specifications;\n\n(2) At an annual rate, that shall be determined by subsequent events, of simple interest on the reduction loan's principal balance that shall equal 2 percent plus the Treasury percentage;\n\n(3) Repayable over the repayment term specified in the business plan or otherwise determined by subsequent events; and\n\n(4) Subject to such provisions as implementation regulations shall specify for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement in accordance with \u00a7 600.1013 and \u00a7 600.1014.\n\n(c)  Effect of prospective interest rate.  Any difference between a prospective interest rate projected, for the purpose of any aspect of reduction planning or processing under this subpart, before the U.S. Treasury determines the Treasury percentage and an interest rate first known after the U.S. Treasury determines the Treasury percentage shall not void, invalidate, or otherwise impair any reduction contract, any reduction loan repayment obligation, or any other aspect of the reduction process under this subpart. Should any such difference result in a reduction loan that cannot, at the maximum fee rate allowed by law, be repaid, as previously projected, within the maximum maturity, any amount of the reduction loan remaining unpaid at maturity shall be repaid after maturity by continuing fee payment and collection under this subpart at such maximum fee rate until the reduction loan's unpaid principal balance and accrued interest is fully repaid. The above notwithstanding, at the discretion of the Secretary, the reduction contract can be voided if a material adverse change affects the reduction contract, reduction loan obligation, or any other aspect of the reduction process under this subpart."], ["50:50:12.0.1.1.1.12.1.14", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1013 Fee payment and collection.", "FWS", "", "", "", "(a)  Amount.  The fee amount is the delivery value times the fee rate.\n\n(b)  Rate.  NMFS will establish the fee rate. The fee rate may not exceed 5 percent of the delivery value. NMFS will establish the initial fee rate by calculating the fee revenue annually required to amortize a reduction loan over the reduction loan's term, projecting the annual delivery value, and expressing such fee revenue as a percentage of such delivery value. Before each anniversary of the initial fee rate determination, NMFS will recalculate the fee rate reasonably required to ensure reduction loan repayment. This will include any changed delivery value projections and any adjustment required to correct for previous delivery values higher or lower than projected.\n\n(c)  Payment and collection.  (1) The full fee is due and payable at the time of fish delivery. Each fish buyer shall collect the fee at the time of fish delivery by deducting the fee from the delivery value before paying, or promising to pay, the net delivery value. Each fish seller shall pay the fee at the time of fish delivery by receiving from the fish buyer the net delivery value, or the fish buyer's promise to pay the net delivery value, rather than the delivery value. Regardless of when the fish buyer pays the net delivery value, the fish buyer shall collect the fee at the time of fish delivery;\n\n(2) In the event of any post-delivery payment for fee fish\u2014including, but not limited to bonuses\u2014whose amount depends on conditions that cannot be known until after fish delivery, that either first determines the delivery value or later increases the previous delivery value, the fish seller shall pay, and the fish buyer shall collect, at the time the amount of such post-delivery payment first becomes known, the fee that would otherwise have been due and payable as if the amount of the post-delivery payment had been known, and as if the post-delivery payment had consequently occurred, at the time of initial fish delivery;\n\n(3)(i) Each fish seller shall be deemed to be, for the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, both the fish seller and the fish buyer, and shall be responsible for all requirements and liable for any penalties under this subpart applicable to fish sellers and/or fish buyers, each time that a fish seller sells fee fish to:\n\n(A) Any party whose place of business is not located in the United States, who does not take delivery or possession of the fee fish in the United States, who is not otherwise subject to this subpart, or to whom or against whom NMFS cannot otherwise apply or enforce this subpart,\n\n(B) Any party who is a general food-service wholesaler or supplier, a restaurant, a retailer, a consumer, some other type of end-user, or some other party not engaged in the business of buying fish from fish sellers for the purpose of reselling the fish, either with or without processing the fish, or\n\n(C) Any other party who the fish seller has good reason to believe is a party not subject to this subpart or to whom or against whom NMFS cannot otherwise apply or enforce this subpart,\n\n(ii) In each such case the fish seller shall, with respect to the fee fish involved in each such case, discharge, in addition to the fee payment requirements of this subpart, all the fee collection, deposit, disbursement, accounting, record keeping, and reporting requirements that this subpart otherwise imposes on the fish buyer, and the fish seller shall be subject to all the penalties this subpart provides for a fish buyer's failure to discharge such requirements;\n\n(4) Fee payment begins on the date NMFS specifies under the notification procedures of paragraph (d) of this section and continues without interruption at the fee rates NMFS specifies in accordance this subpart until NMFS determines that the reduction loan is fully repaid. If a reduction loan is, for any reason, not fully repaid at the maturity of the reduction loan's original amortization period, fee payment and collection shall continue until the reduction loan is fully repaid, notwithstanding that the time required to fully repay the reduction loan exceeds the reduction loan's initially permissible maturity.\n\n(d)  Notification.  (1) At least 30 days before the effective date of any fee or of any fee rate change, NMFS will publish a  Federal Register  notice establishing the date from and after which the fee or fee rate change is effective. NMFS will then also send, by U.S. mail, an appropriate notification to each affected fish seller and fish buyer of whom NMFS has notice;\n\n(2) When NMFS determines that a reduction loan is fully repaid, NMFS will publish a  Federal Register  notice that the fee is no longer in effect and should no longer be either paid or collected. NMFS will then also send, by U.S. mail, notification to each affected fish seller and fish buyer of whom NMFS has knowledge;\n\n(3) If NMFS fails to notify a fish seller or a fish buyer by U.S. mail, or if the fish seller or fish buyer otherwise does not receive the notice, of the date fee payments start or of the fee rate in effect, each fish seller is, nevertheless, obligated to pay the fee at the fee rate in effect and each fish buyer is, nevertheless, obligated to collect the fee at the fee rate in effect.\n\n(e)  Failure to pay or collect.  (1) If a fish buyer refuses to collect the fee in the amount and manner that this subpart requires, the fish seller shall then advise the fish buyer of the fish seller's fee payment obligation and of the fish buyer's fee collection obligation. If the fish buyer still refuses to properly collect the fee, the fish seller, within the next 7 calendar days, shall forward the fee to NMFS. The fish seller at the same time shall also advise NMFS in writing of the full particulars, including:\n\n(i) The fish buyer's and fish seller's name, address, and telephone number,\n\n(ii) The name of the fishing vessel from which the fish seller made fish delivery and the date of doing so,\n\n(iii) The quantity and delivery value of each species of fee fish that the fish seller delivered, and\n\n(iv) The fish buyer's reason, if known, for refusing to collect the fee in accordance with this subpart;\n\n(2) If a fish seller refuses to pay the fee in the amount and manner that this subpart requires, the fish buyer shall then advise the fish seller of the fish buyer's collection obligation and of the fish seller's payment obligation. If the fish seller still refuses to pay the fee, the fish buyer shall then either deduct the fee from the delivery value over the fish seller's protest or refuse to buy the fee fish. The fish buyer shall also, within the next 7 calendar days, advise NMFS in writing of the full particulars, including:\n\n(i) The fish buyer's and fish seller's name, address, and telephone number,\n\n(ii) The name of the fishing vessel from which the fish seller made or attempted to make fish delivery and the date of doing so,\n\n(iii) The quantity and delivery value of each species of fee fish the fish seller delivered or attempted to deliver,\n\n(iv) Whether the fish buyer deducted the fee over the fish seller's protest or refused to buy the fee fish, and\n\n(v) The fish seller's reason, if known, for refusing to pay the fee in accordance with this subpart.\n\n(f)  Implementation regulations at variance with this section.  If any special circumstances in a reduction fishery require, in NMFS's judgment, fee payment and/or collection provisions in addition to, or different from, those in this section in order to accommodate the circumstances of, and practices in, a reduction fishery while still fulfilling the intent and purpose of this section, NMFS may, notwithstanding this section, include such provisions in the implementation regulations for such reduction fishery."], ["50:50:12.0.1.1.1.12.1.15", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1014 Fee collection deposits, disbursements, records, and reports.", "FWS", "", "", "", "(a)  Deposit accounts.  Each fish buyer that this subpart requires to collect a fee shall maintain a segregated account at a federally insured financial institution for the sole purpose of depositing collected fee revenue and disbursing the fee revenue directly to NMFS in accordance with paragraph (c) of this section.\n\n(b)  Fee collection deposits.  Each fish buyer, no less frequently than at the end of each business week, shall deposit, in the deposit account established under paragraph (a) of this section, all fee revenue, not previously deposited, that the fish buyer collects through a date not more than two calendar days before the date of deposit. Neither the deposit account nor the principal amount of deposits in the account may be pledged, assigned, or used for any purpose other than aggregating collected fee revenue for disbursement to the Fund in accordance with paragraph (c) of this section. The fish buyer is entitled, at any time, to withdraw deposit interest, if any, but never deposit principal, from the deposit account for the fish buyer's own use and purposes.\n\n(c)  Deposit principal disbursement.  On the last business day of each month, or more frequently if the amount in the account exceeds the account limit for insurance purposes, the fish buyer shall disburse to NMFS the full amount of deposit principal then in the deposit account. The fish buyer shall do this by check made payable to the Fund subaccount to which the deposit principal relates. The fish buyer shall mail each such check to the Fund subaccount lockbox that NMFS establishes for the receipt of the disbursements for each program. Each disbursement shall be accompanied by the fish buyer's settlement sheet completed in the manner and form that NMFS specifies. NMFS will specify the Fund subaccount lockbox and the manner and form of settlement sheet by means of the notification in \u00a7 600.1013(d).\n\n(d)  Records maintenance.  Each fish buyer shall maintain, in a secure and orderly manner for a period of at least 3 years from the date of each transaction involved, at least the following information:\n\n(1) For all deliveries of fee fish that the fish buyer buys from each fish seller:\n\n(i) The date of delivery,\n\n(ii) The seller's identity,\n\n(iii) The weight, number, or volume of each species of fee fish delivered,\n\n(iv) The identity of the fishing vessel that delivered the fee fish,\n\n(v) The delivery value of each species of fee fish,\n\n(vi) The net delivery value,\n\n(vii) The identity of the party to whom the net delivery value is paid, if other than the fish seller,\n\n(viii) The date the net delivery value was paid, and\n\n(ix) The total fee amount collected;\n\n(2) For all fee collection deposits to and disbursements from the deposit account:\n\n(i) The dates and amounts of deposits,\n\n(ii) The dates and amounts of disbursements to the Fund's lockbox account, and\n\n(iii) The dates and amounts of disbursements to the fish buyer or other parties of interest earned on deposits.\n\n(e)  Annual report.  In each year, on the date to be specified in each implementation regulation, succeeding the year during which NMFS first implemented a fee, each fish buyer shall submit to NMFS a report, on or in the form NMFS specifies, containing the following information for the preceding year, or whatever longer period may be involved in the first annual report, for all fee fish each fish buyer purchases from fish sellers:\n\n(1) Total weight, number, or volume bought;\n\n(2) Total delivery value paid;\n\n(3) Total fee amounts collected;\n\n(4) Total fee collection amounts deposited by month;\n\n(5) Dates and amounts of monthly disbursements to each Fund lockbox account;\n\n(6) Total amount of interest earned on deposits; and\n\n(7) Depository account balance at year-end.\n\n(f)  State records.  If landing records that a state requires from fish sellers contain some or all of the data that this section requires and state confidentiality laws or regulations do not prevent NMFS' access to the records maintained for the state, then fish buyers can use such records to meet appropriate portions of this section's recordkeeping requirements. If, however, state confidentiality laws or regulations make such records unavailable to NMFS, then fish buyers shall maintain separate records for NMFS that meet the requirements of this section. If any state law or regulation prohibits fish buyers, or fish sellers where appropriate, from keeping, for the purpose of complying with any requirement of this section, separate records that involve some or all of the same data elements as the landing records that the fish buyers also keep, for state purposes and under state law or regulation, then a financed reduction program will not be possible.\n\n(g)  Audits.  NMFS or its agents may audit, in whatever manner NMFS believes reasonably necessary for the duly diligent administration of reduction loans, the financial records of fish buyers and fish sellers in each reduction fishery in order to ensure proper fee payment, collection, deposit, disbursement, accounting, record keeping, and reporting. Fish buyers and fish sellers shall make all records of all program transactions involving post-reduction fish harvests, fish deliveries, and fee payments, collections, deposits, disbursements, accounting, record keeping, and reporting available to NMFS or NMFS' agents at reasonable times and places and promptly provide all requested information reasonably related to these records that such fish sellers and fish buyers may otherwise lawfully provide. Trip tickets (or similar accounting records establishing the pounds of fee fish that each fish buyer buys from each fish seller each time that each fish buyer does so and each price that each fish buyer then pays to each fish seller for the fee fish) are essential audit documentation.\n\n(h)  Confidentiality of records.  NMFS and NMFS' auditing agents shall maintain the confidentiality of all data to which NMFS has access under this section and shall neither release the data nor allow the data's use for any purpose other than the purpose of this subpart; provided, however, that NMFS may aggregate such data so as to preclude their identification with any fish buyer or any fish seller and use them in the aggregate for other purposes).\n\n(i)  Refunds.  When NMFS determines that a reduction loan is fully repaid, NMFS will refund any excess fee receipts, on a last-in/first-out basis, to the fish buyers. Fish buyers shall return the refunds, on a last-in/first-out basis, to the fish sellers who paid the amounts refunded.\n\n(j)  Implementation regulations at variance with this section.  If any special circumstances in a reduction fishery require, in NMFS's judgment, fee collection deposit, disbursement, or records provisions in addition to, or different from, those in this section in order to accommodate the circumstances of, and practices in, a reduction fishery while still fulfilling the intent and purpose of this section, NMFS may, notwithstanding this section, include such provisions in the implementation regulations for such reduction fishery."], ["50:50:12.0.1.1.1.12.1.16", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1015 Late charges.", "FWS", "", "", "", "The late charge to fish buyers for fee payment, collection, deposit, and/or disbursement shall be one and one-half (1.5) percent per month, or the maximum rate permitted by state law, for the total amount of the fee not paid, collected, deposited, and/or disbursed when due to be paid, collected, deposited, and/or disbursed. The full late charge shall apply to the fee for each month or portion of a month that the fee remains unpaid, uncollected, undeposited, and/or undisbursed."], ["50:50:12.0.1.1.1.12.1.17", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1016 Enforcement.", "FWS", "", "", "", "In accordance with applicable law or other authority, NMFS may take appropriate action against each fish seller and/or fish buyer responsible for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with this subpart to enforce the collection from such fish seller and/or fish buyer of any fee (including penalties and all costs of collection) due and owing the United States on account of the loan that such fish seller and/or fish buyer should have, but did not, pay, collect, deposit, and/or disburse in accordance with this subpart. All such loan recoveries shall be applied to reduce the unpaid balance of the loan."], ["50:50:12.0.1.1.1.12.1.18", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1017 Prohibitions and penalties.", "FWS", "", "", "", "(a) The following activities are prohibited, and it is unlawful for any party to:\n\n(1) Vote in any referendum under this subpart if the party is ineligible to do so;\n\n(2) Vote more than once in any referendum under this subpart;\n\n(3) Sign or otherwise cast a ballot on behalf of a voter in any referendum under this subpart unless the voter has fully authorized the party to do so and doing so otherwise comports with this subpart;\n\n(4) Interfere with or attempt to hinder, delay, buy, or otherwise unduly or unlawfully influence any eligible voter's vote in any referendum under this subpart;\n\n(5) Submit a fraudulent, unauthorized, incomplete, misleading, unenforceable by specific performance, or inaccurate bid in response to an invitation to bid under this subpart or, in any other way, interfere with or attempt to interfere with, hinder, or delay, any invitation to bid, any bid submitted under any invitation to bid, any reduction contract, or any other reduction process in connection with any invitation to bid;\n\n(6) Revoke or attempt to revoke any bid under this subpart;\n\n(7) Fail to comply with the terms and conditions of any invitation to bid, bid, or reduction contract under this subpart, including NMFS' right under such reduction contracts to specific performance;\n\n(8) Fail to fully and properly pay and collect any fee due payable, and collectible under this subpart or otherwise avoid, decrease, interfere with, hinder, or delay any such payment and collection,\n\n(9) Convert, or otherwise use for any purpose other than the purpose this subpart intends, any paid or collected fee;\n\n(10) Fail to fully and properly deposit on time the full amount of all fee revenue collected under this subpart into a deposit account and disburse the full amount of all deposit principal to the Fund's lockbox account\u2014all as this subpart requires;\n\n(11) Fail to maintain full, timely, and proper fee payment, collection, deposit, and/or disbursement records or make full, timely, and proper reports of such information to NMFS-all as this subpart requires;\n\n(12) Fail to advise NMFS of any fish seller's refusal to pay, or of any fish buyer's refusal to collect, any fee due and payable under this subpart;\n\n(13) Refuse to allow NMFS or agents that NMFS designates to review and audit at reasonable times all books and records reasonably pertinent to fee payment, collection, deposit, disbursement, and accounting under this subpart or otherwise interfere with, hinder, or delay NMFS or it agents in the course of their activities under this subpart;\n\n(14) Make false statements to NMFS, any of the NMFS' employees, or any of NMFS' agents about any of the matters in this subpart;\n\n(15) Obstruct, prevent, or unreasonably delay or attempt to obstruct, prevent, or unreasonably delay any audit or investigation NMFS or its agents conduct, or attempt to conduct, in connection with any of the matters in this subpart; and/or\n\n(16) Otherwise materially interfere with the efficient and effective conduct of reduction and the repayment of reduction loans under this subpart.\n\n(b) Any party who violates one or more of the prohibitions of paragraph (a) of this section is subject to the full range of penalties the Magnuson-Stevens Act and 15 CFR part 904 provide\u2014including, but not limited to: civil penalties, sanctions, forfeitures, and punishment for criminal offenses\u2014and to the full penalties and punishments otherwise provided by any other applicable law of the United States.\n\n(c) Additionally, NMFS may take any and all appropriate actions, including the communication of action at law, against each party responsible for the non-payment, non-collection, non-deposit, and/or non-disbursement in accordance with \u00a7 600.1013 and/or \u00a7 600.1014 to enforce the United States' receipt from such party of any fee\u2014including penalties and all costs of collection\u2014due and owing the United States on account of the reduction loan that such party should have, but did not, pay, collect, deposit, and/or disburse in accordance with \u00a7 600.1013 and/or \u00a7 600.1014. All such reduction loan recoveries shall be applied to reduce the unpaid balances of reduction loans."], ["50:50:12.0.1.1.1.12.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1001 Requests.", "FWS", "", "", "[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]", "(a) A Council, the Governor of a State under whose authority a proposed reduction fishery is subject, or a majority of permit holders in the fishery may request that NMFS conduct a program in that fishery. Each request shall be in writing. Each request shall satisfy the requirements of \u00a7 600.1003 or \u00a7 600.1005, as applicable, and enable NMFS to make the determinations required by \u00a7 600.1004 or \u00a7 600.1006, as applicable.\n\n(b) NMFS cannot conduct a program in any fishery subject to the jurisdiction of a Council or a state unless NMFS first receives a request from the Council or the governor to whose jurisdiction the fishery is subject.\n\n(c) For a fishery subject to the jurisdiction of a Council, only that Council can or must make the request. If the fishery is subject to the jurisdiction of two or more Councils, those Councils must make a joint request. No Council may make a request, or join in making a request, until after the Council conducts a public hearing about the request.\n\n(d) For a fishery subject to the jurisdiction of a State, only the Governor of that State can make the request. If the fishery is subject to the jurisdiction of two or more states, the Governors of those States shall make a joint request. No Governor of a State may make a request, or join in making a request, until the State conducts a public hearing about the request.\n\n(e) For a fishery under the direct management authority of the Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling the requirements of this subpart that reasonably apply to a program not initiated by a request.\n\n(f) Where necessary to accommodate special circumstances in a particular fishery, NMFS may waive, as NMFS deems necessary and appropriate, compliance with any specific requirements under this subpart not required by statute."], ["50:50:12.0.1.1.1.12.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1002 General requirements.", "FWS", "", "", "[65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010]", "(a) Each program must be:\n\n(1) Necessary to prevent or end overfishing, rebuild stocks of fish, or achieve measurable and significant improvements in the conservation and management of the reduction fishery;\n\n(2) Accompanied by the appropriate environmental, economic and/or socioeconomic analyses, in accordance with applicable statutes, regulations, or other authorities; and\n\n(3) Consistent with the CFMP, including any reduction amendment, for the reduction fishery.\n\n(b) Each CFMP for a reduction fishery must:\n\n(1) Prevent the replacement of fishing capacity removed by the program through a moratorium on new entrants, restrictions on vessel upgrades, and other effort control measures, taking into account the full potential fishing capacity of the fleet;\n\n(2) Establish a specified or target total allowable catch or other measures that trigger closure of the fishery or adjustments to reduce catch; and\n\n(3) Include, for a financed program in a reduction fishery involving only a portion of a fishery, appropriate provisions for the post-reduction allocation of fish between the reduction fishery and the rest of the fishery that both protect the borrower's reduction investment in the program and support the borrower's ability to repay the reduction loan.\n\n(c) The Secretary may not make a fishing capacity reduction program payment with respect to a reduction vessel that will not be scrapped unless the Secretary certifies that the vessel will not be used for fishing in the waters of the U.S., a foreign nation, or on the high seas."], ["50:50:12.0.1.1.1.12.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1003 Content of a request for a financed program.", "FWS", "", "", "", "A request for a financed program shall:\n\n(a) Specify the reduction fishery.\n\n(b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery.\n\n(c) Specify whether the program is to be wholly or partially financed and, if the latter, specify the amount and describe the availability of all funding from sources other than a reduction loan.\n\n(d) Project the availability of all Federal appropriation authority or other funding, if any, that the financed program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur.\n\n(e) Demonstrate how the program meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a).\n\n(f) Demonstrate how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b).\n\n(g) If a reduction amendment is necessary, include an actual reduction amendment or the requester's endorsement in principle of the reduction amendment specifications in the business plan. Endorsement in principle is non-binding.\n\n(h) Request that NMFS conduct, at the appropriate time, a referendum under \u00a7 600.1010 of this subpart.\n\n(i) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester. The list shall take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves. The list may include any relevant information that NMFS may supply to the requester.\n\n(j) Specify the aggregate total allowable catch in the reduction fishery during each of the preceding 5 years and the aggregate portion of such catch harvested by the parties listed under paragraph (i) of this section.\n\n(k) Specify the criteria for determining the types and number of fishing permits or fishing permits and fishing vessels that are eligible for reduction under the program. The criteria shall take into account:\n\n(1) The characteristics of the fishery;\n\n(2) Whether the program is limited to a particular gear type within the reduction fishery or is otherwise limited by size of fishing vessel operated, geographic area of operation, or other factor;\n\n(3) Whether the program is limited to fishing permits or involves both fishing permits and fishing vessels;\n\n(4) The reduction amendment required;\n\n(5) The needs of fishing communities;\n\n(6) Minimizing the program's reduction cost; and\n\n(7) All other relevant factors.\n\n(l) Include the requester's assessment of the program's potential impact on fisheries other than the reduction fishery, including an evaluation of the likely increase in participation or effort in such other fisheries, the general economic impact on such other fisheries, and recommendations that could mitigate, or enable such other fisheries to mitigate, any undesirable impacts.\n\n(m) Include any other information or guidance that would assist NMFS in developing an implementation plan and implementation regulations.\n\n(n) Include a business plan, prepared by, or on behalf of, knowledgeable and concerned harvesters in the reduction fishery, that:\n\n(1) Specifies a detailed reduction methodology that accomplishes the maximum sustained reduction in the reduction fishery's fishing capacity at the least reduction cost and in the minimum period of time, and otherwise achieves the program result that the requester specifies under paragraph (b) of this section. The methodology shall:\n\n(i) Establish the appropriate point for NMFS to conduct a pre-bidding referendum and be sufficiently detailed to enable NMFS to readily:\n\n(A) Design, propose, and adopt a timely and reliable implementation plan,\n\n(B) Propose and issue timely and reliable implementation regulations,\n\n(C) Invite bids,\n\n(D) Accept or reject bids, and\n\n(E) Complete a program in accordance with this subpart, and\n\n(ii) Address, consistently with this subpart:\n\n(A) The contents and terms of invitations to bid,\n\n(B) Bidder eligibility,\n\n(C) The type of information that bidders shall supply,\n\n(D) The criteria for accepting or rejecting bids,\n\n(E) The terms of bid acceptances,\n\n(F) Any referendum procedures in addition to, but consistent with, those in \u00a7 600.1010, and\n\n(G) All other technical matters necessary to conduct a program;\n\n(2) Projects and supports the reduction fishery's annual delivery value during the reduction loan's repayment period based on documented analysis of actual representative experience for a reasonable number of past years in the reduction fishery;\n\n(3) Includes the fishing capacity reduction specifications upon which both the pre-bidding referendum and the bidding under \u00a7 600.1009 will be based. The reduction loan's maximum principal amount cannot, at the interest rate projected to prevail at the time of reduction, exceed the principal amount that can be amortized in 20 years by 5 percent of the projected delivery value;\n\n(4) States the reduction loan's repayment term and the fee rate, or range of fee rates, prospectively necessary to amortize the reduction loan over its repayment term;\n\n(5) Analyzes and demonstrates the ability to repay the reduction loan at the minimum reduction level and at various reduction-level increments reasonably greater than the minimum one, based on the:\n\n(i) Best and most representative historical fishing revenue and expense data and any other relevant productivity measures available in the reduction fishery, and\n\n(ii) Projected effect of the program on the post-reduction operating economics of typical harvesters in the reduction fishery, with particular emphasis on the extent to which the reduction increases the ratio of delivery value to fixed cost and improves harvesting's other relevant productivity measures;\n\n(6) Demonstrates how the business plan's proposed program meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a);\n\n(7) Demonstrates how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b);\n\n(8) Includes, if a reduction amendment is necessary, the reduction amendment specifications upon which the pre-bidding referendum will be based;\n\n(9) Includes an assessment of the program's potential impact on fisheries other than the reduction fishery, including an evaluation of the likely increase in participation or effort in such other fisheries, the general economic impact on such other fisheries, and recommendations that could mitigate, or enable such other fisheries to mitigate, any undesirable impacts;\n\n(10) Specifies the names and addresses of record of all fish buyers who can, after reduction, reasonably be expected to receive deliveries of fee fish. This shall be based on the best information available, including any information that NMFS may be able to supply to the business planners;\n\n(11) Specifies, after full consultation with fish buyers, any special circumstances in the reduction fishery that may require the implementing regulations to contain provisions in addition to, or different from, those contained in \u00a7 600.1013 and/or \u00a7 600.1014 in order to accommodate the circumstances of, and practices in, the reduction fishery while still fulfilling the intent and purpose of \u00a7 600.1013 and/or \u00a7 600.1014\u2014including, but not limited to:\n\n(i) In the case of reduction fisheries in which state data confidentiality laws or other impediments may negatively affect the efficient and effective conduct of the same, specification of who needs to take what action to resolve any such impediments, and\n\n(ii) In the case of reduction fisheries in which some fish sellers sell unprocessed, and other fish sellers sell processed fish to fish buyers, specification of an accurate and efficient method of establishing the delivery value of processed fish; and\n\n(12) Demonstrates by a survey of potential voters, or by any other convincing means, a substantial degree of potential voter support for the business plan and confidence in its feasibility.\n\n(o) Include the requester's statement of belief that the business plan, the CFMP, the reduction amendment specifications, and all other request aspects constitute a complete, realistic, and practical prospect for successfully completing a program in accordance with this subpart."], ["50:50:12.0.1.1.1.12.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1004 Accepting a request for, and determinations about initiating, a financed program.", "FWS", "", "", "", "(a)  Accepting a request.  Once it receives a request, NMFS will review any request for a financed program to determine whether the request conforms with the requirements of \u00a7 600.1003. If the request does not conform, NMFS will return the request with guidance on how to make the request conform. If the request conforms, NMFS shall accept it and publish a notice in the  Federal Register  requesting public comments on the request. Such notice shall state the name and address of record of each eligible voter, as well as the basis for having determined the eligibility of those voters. This shall constitute notice and opportunity to respond about adding eligible voters, deleting ineligible voters, and/or correcting any voter's name and address of record. If, in NMFS' discretion, the comments received in response to such notice warrants it, or other good cause warrants it, NMFS may modify such list by publishing another notice in the  Federal Register.\n\n(b)  Determination about initiating a financed program.  After receipt of a conforming request for a financed program, NMFS will, after reviewing and responding to any public comments received in response to the notice published in the  Federal Register  under paragraph (a) of this section, initiate the program if NMFS determines that:\n\n(1) The program meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a);\n\n(2) The CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b);\n\n(3) The program, if successfully implemented, is cost effective;\n\n(4) The reduction requested constitutes a realistic and practical prospect for successfully completing a program in accordance with this subpart and the borrower is capable of repaying the reduction loan. This includes enabling NMFS to readily design, propose, and adopt a timely and reliable implementation plan as well as propose and issue timely and reliable implementation regulations and otherwise complete the program in accordance with this subpart; and\n\n(5) The program accords with all other applicable law."], ["50:50:12.0.1.1.1.12.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1005 Content of a request for a subsidized program.", "FWS", "", "", "", "A request for a subsidized program shall:\n\n(a) Specify the reduction fishery.\n\n(b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery.\n\n(c) Project the reduction cost, the amount of reduction cost to be funded by Federal appropriations, and the amount, if any, to be funded by other sources.\n\n(d) Project the availability of Federal appropriations or other funding, if any, that completion of the program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur.\n\n(e) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester, including any information that NMFS may supply to the requester, and take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves.\n\n(f) Specify the aggregate total allowable catch in the reduction fishery during each of the preceding 5 years and the aggregate portion of such catch harvested by the parties listed under paragraph (e) of this section.\n\n(g) Include a preliminary development plan that:\n\n(1) Specifies a detailed reduction methodology that accomplishes the maximum sustained reduction in the reduction fishery's fishing capacity at the least cost and in a minimum period of time, and otherwise achieves the program result that the requester specifies under paragraph (b) of this section. The methodology shall:\n\n(i) Be sufficiently detailed to enable NMFS to prepare a final development plan to serve as the basis for NMFS to readily design, propose, and adopt a timely and reliable implementation plan and propose and issue timely and reliable implementation regulations, and\n\n(ii) Include:\n\n(A) The contents and terms of invitations to bid,\n\n(B) Eligible bidders,\n\n(C) The type of information that bidders shall supply,\n\n(D) The criteria for accepting or rejecting bids, and\n\n(E) The terms of bid acceptances;\n\n(2) Specifies the criteria for determining the types and numbers of fishing permits or fishing permits and fishing vessels that are eligible for reduction under the program. The criteria shall take into account:\n\n(i) The characteristics of the fishery,\n\n(ii) Whether the program is limited to a particular gear type within the reduction fishery, or is otherwise limited by size of fishing vessel operated, geographic area of operation, or other factor,\n\n(iii) Whether the program is limited to fishing permits or involves both fishing permits and fishing vessels,\n\n(iv) The reduction amendment required,\n\n(v) The needs of fishing communities, and\n\n(vi) The need to minimize the program's reduction cost; and\n\n(3) Demonstrates the program's cost effectiveness.\n\n(h) Demonstrate how the program meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a).\n\n(i) Demonstrate how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b)(1) and (2).\n\n(j) Specify any other information or guidance that assists NMFS in preparing a final development plan and a proposed implementation plan and proposed implementation regulations.\n\n(k) Include the requester's statement of belief that the program constitutes a reasonably realistic and practical prospect for successfully completing a program in accordance with this subpart."], ["50:50:12.0.1.1.1.12.1.7", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1006 Accepting a request for, and determinations about conducting, a subsidized program.", "FWS", "", "", "", "(a)  Accepting a request.  NMFS will review any request for a subsidized program submitted to NMFS to determine whether the request conforms with the requirements of \u00a7 600.1005. If the request does not conform, NMFS will return it with guidance on how to make the request conform. If the request conforms, NMFS shall accept it and publish a notice in the  Federal Register  requesting public comments about the request.\n\n(b)  Final development plan.  After receipt of a conforming request, NMFS will prepare a final development plan if NMFS determines that the reduction requested constitutes a realistic and practical prospect for successfully completing a program in accordance with this subpart. This includes enabling NMFS to readily design, propose, and adopt a timely and reliable implementation plan as well as propose and issue timely and reliable implementation regulations and otherwise complete the program in accordance with this subpart. NMFS will, as far as possible, base the final development plan on the requester's preliminary development plan. Before completing the final development plan, NMFS will consult, as NMFS deems necessary, with the requester, Federal agencies, state and regional authorities, affected fishing communities, participants in the reduction fishery, conservation organizations, and other interested parties in preparing the final development plan.\n\n(c)  Reaffirmation of the request.  After completing the final development plan, NMFS will submit the plan to the requester for the requester's reaffirmation of the request. Based on the final development plan, the reaffirmation shall: (1) Certify that the final development plan meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a);\n\n(2) Certify that the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b)(1) and (2); and\n\n(3) Project the date on which the requester will forward any necessary reduction amendment and, if the requester is a Council, proposed regulations to implement the reduction amendment. The requester shall base any necessary reduction amendment on the final development plan.\n\n(d)  Determinations about conducting a subsidized program.  After NMFS' receipt of the requester's reaffirmation, any required reduction amendment, and any proposed regulations required to implement the amendment, NMFS will initiate the program if NMFS determines that:\n\n(1) The program meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(a);\n\n(2) The CFMP meets, or will meet after an appropriate reduction amendment, the requirements in \u00a7 600.1002(b)(1) and (2); and\n\n(3) The program is reasonably capable of being successfully implemented;\n\n(4) The program, if successfully implemented, will be cost effective; and\n\n(5) The program is in accord with all other applicable provisions of the Magnuson-Stevens Act and this subpart."], ["50:50:12.0.1.1.1.12.1.8", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1007 Reduction amendments.", "FWS", "", "", "", "(a) Each reduction amendment may contain provisions that are either dependent upon or independent of a program. Each provision of a reduction amendment is a dependent provision unless the amendment expressly designates the provision as independent.\n\n(b) Independent provisions are effective without regard to any subsequent program actions.\n\n(c) Dependent provisions are initially effective for the sole limited purpose of enabling initiation and completion of the pre-reduction processing stage of a program.\n\n(d) All dependent provisions of a reduction amendment for a financed program are fully in force and effect for all other purposes only when NMFS either:\n\n(1) For bidding results that conform to the fishing capacity reduction specifications and are not subject to any other condition, notifies bidders, under \u00a7 600.1009(e)(3), that reduction contracts then exist between the bidders and the United States; or\n\n(2) For bidding results that do not conform to the fishing capacity reduction specifications or are subject to any other condition, notifies bidders whose bids NMFS had conditionally accepted, under \u00a7 600.1010 (d)(8)(iii), that the condition pertaining to the reduction contracts between them and the United States is fulfilled.\n\n(e) If NMFS does not, in accordance with this subpart and any special provisions in the implementation regulations, subsequently make all reduction payments that circumstances, in NMFS' judgment, reasonably permit NMFS to make and, thus, complete a program, no dependent provisions shall then have any further force or effect for any purpose and all final regulations involving such dependent provisions shall then be repealed."], ["50:50:12.0.1.1.1.12.1.9", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "L", "Subpart L\u2014Fishing Capacity Reduction Framework", "", "\u00a7 600.1008 Implementation plan and implementation regulations.", "FWS", "", "", "", "(a) As soon as practicable after deciding to initiate a program, NMFS will prepare and publish, for a 60-day public comment period, a proposed implementation plan and implementation regulations. During the public comment period, NMFS will conduct a public hearing of the proposed implementation plan and implementation regulations in each state that the program affects.\n\n(b) To the greatest extent practicable, NMFS will base the implementation plan and implementation regulations for a financed program on the business plan. The implementation plan for a financed program will describe in detail all relevant aspects of implementing the program, including:\n\n(1) The reduction fishery;\n\n(2) The reduction methodology;\n\n(3) The maximum reduction cost;\n\n(4) The maximum reduction loan amount, if different from the maximum reduction cost;\n\n(5) The reduction cost funding, if any, other than a reduction loan;\n\n(6) The minimum acceptable reduction level;\n\n(7) The potential amount of the fee;\n\n(8) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program;\n\n(9) The invitation to bid and bidding procedures;\n\n(10) The criteria for determining bid acceptance;\n\n(11) The referendum procedures; and\n\n(12) Any relevant post-referendum reduction procedures other than those in the implementation regulations or this subpart.\n\n(c) NMFS will base each implementation plan and implementation regulations for a subsidized program on the final development plan. The implementation plan will describe in detail all relevant aspects of implementing the program, including:\n\n(1) The reduction fishery;\n\n(2) The reduction methodology;\n\n(3) The maximum reduction cost;\n\n(4) The reduction-cost funding, if any, other than Federal appropriations;\n\n(5) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program;\n\n(6) The invitation to bid and bidding procedures;\n\n(7) The criteria for determining bid acceptance; and\n\n(8) Any relevant post-bidding program procedures other than those in the implementation regulations or this subpart.\n\n(d) The implementation regulations will:\n\n(1) Specify, for invitations to bid, bids, and reduction contracts under \u00a7 600.1009:\n\n(i) Bidder eligibility,\n\n(ii) Bid submission requirements and procedures,\n\n(iii) A bid opening date, before which a bidder may not bid, and a bid closing date, after which a bidder may not bid,\n\n(iv) A bid expiration date after which the irrevocable offer contained in each bid expires unless NMFS, before that date, accepts the bid by mailing a written acceptance notice to the bidder at the bidder's address of record,\n\n(v) The manner of bid submission and the information each bidder shall supply for NMFS to deem a bid responsive,\n\n(vi) The conditions under which NMFS will accept or reject a bid,\n\n(vii) The manner in which NMFS will accept or reject a bid, and\n\n(viii) The manner in which NMFS will notify each bidder of bid acceptance or rejection;\n\n(2) Specify any other special referendum procedures or criteria; and\n\n(3) Specify such other provisions, in addition to and consistent with those in this subpart, necessary to regulate the individual terms and conditions of each program and reduction loan. This includes, but is not limited to:\n\n(i) Provisions for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with \u00a7 600.1013 and \u00a7 600.1014,\n\n(ii) Prospective fee rate determinations, and\n\n(iii) Any other aspect of fee payment, collection, deposit, disbursement, accounting, record keeping, and/or reporting.\n\n(e) NMFS will issue final implementation regulations and adopt a final implementation plan within 45 days of the close of the public-comment period.\n\n(f) NMFS may repeal the final implementation regulations for any program if:\n\n(1) For a financed program, the bidding results do not conform to the fishing capacity reduction specifications or a post-bidding referendum does not subsequently approve an industry fee system based on the bidding results;\n\n(2) For a subsidized program, NMFS does not accept bids; and\n\n(3) For either a financed program or a subsidized program, if NMFS is unable to make all reduction payments due to a material adverse change."], ["50:50:12.0.1.1.1.13.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1100 [Reserved]", "FWS", "", "", "", ""], ["50:50:12.0.1.1.1.13.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1101 Inshore fee system for repayment of the loan to harvesters of Pollock from the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA.", "FWS", "", "", "", "(a)  Definition.  In addition to the definitions in the Magnuson-Stevens Act and in \u00a7 679.2 of this title, the terms used in this subpart have the following meanings:\n\nAmerican Fisheries Act (AFA)  means Title II of Pub.L. 105-277.\n\nBorrower  means (individually and collectively) all persons who, after January 1, 2000, harvest fee fish from the IC directed fishing allowance.\n\nBusiness week  means a 7-day period, Saturday through Friday.\n\nDelivery value  means the gross ex-vessel value of all fee fish at fish delivery.\n\nDeposit principal  means all collected fee revenue that a fish buyer deposits in a segregated deposit account maintained in a federally chartered national bank for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the loan.\n\nFee  means the six-tenths (0.6) of one cent that fish buyers deduct at fish delivery from the delivery value of each pound of round weight fee fish.\n\nFee fish  means all pollock harvested from the IC directed fishing allowance beginning on February 10, 2000 and ending at such time as the loan's principal and interest are fully repaid.\n\nFish buyer  means the first ex-vessel fish buyer who purchases fee fish from a fish seller.\n\nFish delivery  means the point at which a fish buyer first takes delivery or possession of fee fish from a fish seller.\n\nFish seller  means the harvester who catches and first sells fee fish to a fish buyer.\n\nIC directed fishing allowance  means the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA.\n\nLoan  means the loan authorized by section 207(a) of the AFA.\n\nNet delivery value  means the delivery value minus the fee.\n\nSubaccount  means the Inshore Component Pollock Subaccount of the Fishing Capacity Reduction Fund in the U.S. Treasury for the deposit of all funds involving the loan.\n\n(b)  Loan \u2014(1)  Principal amount.  The loan's principal amount is $75,000,000 (seventy five million dollars).\n\n(2)  Interest.  Interest shall, from December 30, 1998, when NMFS disbursed the loan, until the date the borrower fully repays the loan, accrue at a fixed rate of 7.09 percent. Interest shall be simple interest and shall accrue on the basis of a 365-day year.\n\n(3)  Repayment.  The fee shall be the exclusive source of loan repayment. The fee shall be paid on all fee fish.\n\n(4)  Application of fee receipts.  NMFS shall apply all fee receipts it receives, first, to payment of the loan's accrued interest and, second, to reduction of the loan's principal balance.\n\n(5)  Obligation.  The borrower shall repay the loan in accordance with the AFA and this subpart.\n\n(c)  Fee payment and collection \u2014(1)  Payment and collection.  (i) The fee is due and payable at the time of fish delivery. Each fish buyer shall collect the fee at the time of fish delivery by deducting the fee from the delivery value before paying or promising later to pay the net delivery value. Each fish seller shall pay the fee at the time of fish delivery by receiving from the fish buyer the net delivery value or the fish buyer's promise later to pay the net delivery value rather than the delivery value. Regardless of when the fish buyer pays the net delivery value, the fish buyer shall collect the fee at the time of fish delivery;\n\n(ii)(A) Each fish seller shall be deemed, for the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, to be both the fish seller and the fish buyer\u2014and all requirements and penalties under this subpart applicable to both a fish seller and a fish buyer shall equally apply to the fish seller\u2014each time that the fish seller sells fee fish to:\n\n( 1 ) Any fish buyer whose place of business is not located in the United States, who does not take delivery or possession of the fee fish in the United States, who is not otherwise subject to this subpart, or to whom or against whom NMFS cannot otherwise apply or enforce this subpart,\n\n( 2 ) Any fish buyer who is a general food-service wholesaler or supplier, a restaurant, a retailer, a consumer, some other type of end-user, or some other fish buyer not engaged in the business of buying fish from fish sellers for the purpose of reselling the fish, or\n\n( 3 ) Any other fish buyer who the fish seller has good reason to believe is a fish buyer not subject to this subpart or to whom or against whom NMFS cannot otherwise apply or enforce this subpart,\n\n(B) In each such case the fish seller shall, with respect to the fee fish involved in each such case, discharge, in addition to the fee payment requirements of this subpart, all the fee collection, deposit, disbursement, accounting, recordkeeping, and reporting requirements that this subpart otherwise imposes on the fish buyer, and the fish seller shall be subject to all the penalties this subpart provides for a fish buyer's failure to discharge such requirements;\n\n(2)  Notification.  (i) NMFS will send an appropriate fee payment and collection commencement notification to each affected fish seller and fish buyer of whom NMFS has knowledge.\n\n(ii) When NMFS determines that the loan is fully repaid, NMFS will publish a  Federal Register  notification that the fee is no longer in effect and should no longer be either paid or collected. NMFS will then also send an appropriate fee termination notification to each affected fish seller and fish buyer of whom NMFS has knowledge;\n\n(3)  Failure to pay or collect.  (i) If a fish buyer refuses to collect the fee in the amount and manner that this subpart requires, the fish seller shall then advise the fish buyer of the fish seller's fee payment obligation and of the fish buyer's fee collection obligation. If the fish buyer still refuses to properly collect the fee, the fish seller, within the next 7 calendar days, shall forward the fee to NMFS. The fish seller at the same time shall also advise NMFS in writing of the full particulars, including:\n\n(A) The fish buyer's and fish seller's name, address, and telephone number,\n\n(B) The name of the fishing vessel from which the fish seller made fish delivery and the date of doing so,\n\n(C) The quantity and delivery value of fee fish that the fish seller delivered, and\n\n(D) The fish buyer's reason (if known) for refusing to collect the fee in accordance with this subpart;\n\n(ii) If a fish seller refuses to pay the fee in the amount and manner that this subpart requires, the fish buyer shall then advise the fish seller of the fish buyer's collection obligation and of the fish seller's payment obligation. If the fish seller still refuses to pay the fee, the fish buyer shall then either deduct the fee from the delivery value over the fish seller's protest or refuse to buy the fee fish. The fish buyer shall also, within the next 7 calendar days, advise NMFS in writing of the full particulars, including:\n\n(A) The fish buyer's and fish seller's name, address, and telephone number,\n\n(B) The name of the fishing vessel from which the fish seller made or attempted to make fish delivery and the date of doing so,\n\n(C) The quantity and delivery value of fee fish the fish seller delivered or attempted to deliver,\n\n(D) Whether the fish buyer deducted the fee over the fish seller's protest or refused to buy the fee fish, and\n\n(E) The fish seller's reason (if known) for refusing to pay the fee in accordance with this subpart.\n\n(d)  Fee collection deposits, disbursements, records, and reports \u2014(1)  Deposit accounts.  Each fish buyer that this subpart requires to collect a fee shall maintain a segregated account at a federally insured financial institution for the sole purpose of depositing collected fee revenue and disbursing the fee revenue directly to NMFS in accordance with paragraph (c) of this section.\n\n(2)  Fee collection deposits.  Each fish buyer, no less frequently than at the end of each business week, shall deposit, in the deposit account established under paragraph (a) of this section, all fee revenue, not previously deposited, that the fish buyer has collected through a date not more than 2 calendar days before the date of deposit. Neither the deposit account nor the principal amount of deposits in the account may be pledged, assigned, or used for any purpose other than aggregating collected fee revenue for disbursement to the subaccount in accordance with paragraph (c) of this section. The fish buyer is entitled, at any time, to withdraw deposit interest, if any, but never deposit principal, from the deposit account for the fish buyer's own use and purposes.\n\n(3)  Deposit principal disbursement.  On the last business day of each month, or more frequently if the amount in the account exceeds the account limit for insurance purposes, the fish buyer shall disburse to NMFS the full amount of deposit principal then in the deposit account. The fish buyer shall do this by check made payable to \u201cNOAA Inshore Component Pollock Loan Subaccount.\u201d The fish buyer shall mail each such check to the subaccount lockbox account that NMFS establishes for the receipt of the disbursements of deposit principal. Each disbursement shall be accompanied by the fish buyer's settlement sheet completed in the manner and form that NMFS specifies. NMFS will specify the subaccount's lockbox and the manner and form of settlement sheet by means of the notification in \u00a7 600.1101(c).\n\n(4)  Records maintenance.  Each fish buyer shall maintain, in a secure and orderly manner for a period of at least 3 years from the date of each transaction involved, at least the following information:\n\n(i) For all deliveries of fee fish that the fish buyer buys from each fish seller:\n\n(A) The date of delivery,\n\n(B) The fish seller's identity,\n\n(C) The round weight of fee fish delivered,\n\n(D) The identity of the fishing vessel that delivered the fee fish,\n\n(E) The delivery value,\n\n(F) The net delivery value,\n\n(G) The identity of the party to whom the net delivery value is paid, if other than the fish seller,\n\n(H) The date the net delivery value was paid, and\n\n(I) The total fee amount collected;\n\n(ii) For all fee collection deposits to and disbursements from the deposit account:\n\n(A) The dates and amounts of deposits,\n\n(B) The dates and amounts of disbursements to the subaccount's lockbox account, and\n\n(C) The dates and amounts of disbursements to the fish buyer or other parties of interest earned on deposits.\n\n(5)  Annual report.  By January 15, 2001, and by each January 15 thereafter until the loan is fully repaid, each fish buyer shall submit to NMFS a report, on or in the form NMFS specifies, containing the following information for the preceding year for all fee fish each fish buyer purchases from fish sellers:\n\n(i) Total round weight bought;\n\n(ii) Total delivery value paid;\n\n(iii) Total fee amount collected;\n\n(iv) Total fee collection amounts deposited by month;\n\n(v) Dates and amounts of monthly disbursements to the subaccount lockbox;\n\n(vi) Total amount of interest earned on deposits; and\n\n(vii) Depository account balance at year-end.\n\n(6)  State records.  If landing records that a state requires from fish sellers contain some or all of the data that this section requires and state confidentiality laws or regulations do not prevent NMFS' access to the records maintained for the state, then fish buyers can use such records to meet appropriate portions of this section's recordkeeping requirements. If, however, state confidentiality laws or regulations make such records unavailable to NMFS, then fish buyers shall maintain separate records for NMFS that meet the requirements of this section.\n\n(7)  Audits.  NMFS or its agents may audit, in whatever manner NMFS believes reasonably necessary for the duly diligent administration of the loan, the financial records of the fish buyers and the fish sellers in order to ensure proper fee payment, collection, deposit, disbursement, accounting, recordkeeping, and reporting. Fish buyers and fish sellers shall make all records of all transactions involving fee fish catches, fish deliveries, and fee payments, collections, deposits, disbursements, accounting, recordkeeping, and reporting available to NMFS or its agents at reasonable times and places and promptly provide all requested information reasonably related to these records that such fish sellers and fish buyers may otherwise lawfully provide. Trip tickets (or similar accounting records establishing the round weight pounds of fee fish that each fish buyer buys from each fish seller each time that each fish buyer does so) are essential audit documentation.\n\n(8)  Confidentiality of records.  NMFS and its auditing agents shall maintain the confidentiality of all data to which NMFS has access under this section and shall neither release the data nor allow the data's use for any purpose other than the purpose of this subpart, unless otherwise required by law; provided, however, that NMFS may aggregate such data so as to preclude their identification with any fish buyer or any fish seller and use them in the aggregate for other purposes.\n\n(9)  Refunds.  When NMFS determines that the loan is fully repaid, NMFS will refund any excess fee receipts, on a last-in/first-out basis, to the fish buyers. Fish buyers shall return the refunds, on a last-in/first-out basis, to the fish sellers who paid the amounts refunded.\n\n(e)  Late charges.  The late charge to fish buyers for fee payment, collection, deposit, and/or disbursement shall be one and one-half (1.5) percent per month, or the maximum rate permitted by state law, for the total amount of the fee not paid, collected, deposited, and/or disbursed when due to be paid, collected, deposited, and/or disbursed within 5 days of the date due. The full late charge shall apply to the fee for each month or portion of a month that the fee remains unpaid, uncollected, undeposited, and/or undisbursed.\n\n(f)  Enforcement.  In accordance with applicable law or other authority, NMFS may take appropriate action against each fish seller and/or fish buyer responsible for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with this subpart to enforce the collection from such fish seller and/or fish buyer of any fee (including penalties and all costs of collection) due and owing the United States on account of the loan that such fish seller and/or fish buyer should have, but did not, pay, collect, deposit, and/or disburse in accordance with this subpart. All such loan recoveries shall be applied to reduce the unpaid balance of the loan.\n\n(g)  Prohibitions and penalties.  (1) The following activities are prohibited, and it is unlawful for anyone to:\n\n(i) Avoid, decrease, interfere with, hinder, or delay payment or collection of, or otherwise fail to fully and properly pay or collect, any fee due and payable under this subpart or convert, or otherwise use for any purpose other than the purpose this subpart intends, any paid or collected fee;\n\n(ii) Fail to fully and properly deposit on time the full amount of all fee revenue collected under this subpart into a deposit account and disburse the full amount of all deposit principal to the subaccount's lockbox account\u2014all as this subpart requires;\n\n(iii) Fail to maintain full, timely, and proper fee payment, collection, deposit, and/or disbursement records or make full, timely, and proper reports of such information to NMFS-all as this subpart requires;\n\n(iv) Fail to advise NMFS of any fish seller's refusal to pay, or of any fish buyer's refusal to collect, any fee due and payable under this subpart;\n\n(v) Refuse to allow NMFS or agents that NMFS designates to review and audit at reasonable times all books and records reasonably pertinent to fee payment, collection, deposit, disbursement, and accounting under this subpart or otherwise interfere with, hinder, or delay NMFS or it agents in the course of their activities under this subpart;\n\n(vi) Make false statements to NMFS, any of the NMFS' employees, or any of NMFS' agents about any of the matters in this subpart;\n\n(vii) Obstruct, prevent, or unreasonably delay or attempt to obstruct, prevent, or unreasonably delay any audit or investigation NMFS or its agents conduct, or attempt to conduct, in connection with any of the matters in this subpart; and/or\n\n(viii) Otherwise materially interfere with the efficient and effective repayment of the loan.\n\n(2) Anyone who violates one or more of the prohibitions of paragraph (a) of this section is subject to the full range of penalties the Magnuson-Stevens Act and 15 CFR part 904 provide (including, but not limited to: civil penalties, sanctions, forfeitures, and punishment for criminal offenses) and to the full penalties and punishments otherwise provided by any other applicable law of the United States."], ["50:50:12.0.1.1.1.13.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1102 Pacific Coast groundfish fee.", "FWS", "", "", "[70 FR 40229, July 13, 2005, as amended at 71 FR 28, Jan. 3, 2006]", "(a)  Purpose.  This section implements the fee for repaying the reduction loan financing the Pacific Coast Groundfish Program authorized by section 212 of Division B, Title II, of Public Law 108-7 and implemented by a final notification in the  Federal Register  (July 18, 2003; 68 FR 42613).\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 of subpart L expressly apply to this section. The following terms have the following meanings for the purpose of this section:\n\nBorrower  means, individually and collectively, each post-reduction fishing permit holder and/or fishing vessel owner fishing in the reduction fishery, in any or all of the fee-share fisheries, or in both the reduction fishery and any or all of the fee-share fisheries.\n\nDeposit principal  means all collected fee revenue that a fish buyer deposits in an account maintained at a federally insured financial institution for the purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the reduction loan.\n\nFee fish  means all fish harvested from the reduction fishery during the period in which any portion of the reduction fishery's subamount is outstanding and all fish harvested from each of the fee-share fisheries during the period in which any portion of each fee-share fishery's subamount is outstanding.\n\nFee-share fishery  means each of the fisheries for coastal Dungeness crab and pink shrimp in each of the States of California and Oregon and the fishery for coastal Dungeness crab and ocean pink shrimp in the State of Washington.\n\nFee-share fishery subaccount  means each of the six subaccounts established in the groundfish program's fund subaccount in which each of the six fee-share fishery subamounts are deposited.\n\nReduction fishery  means all species in, and that portion of, the limited entry trawl fishery under the Federal Pacific Coast Groundfish Fishery Management Plan that is conducted under permits, excluding those registered to whiting catcher-processors, which are endorsed for trawl gear operation.\n\nReduction fishery subaccount  means the subaccount established in the groundfish program's fund subaccount in which the reduction fishery subamount is deposited.\n\nSubamount  means each portion of the reduction loan's original principal amount which is allocated either to the reduction fishery or to any one of the fee-share fisheries.\n\n(c)  Reduction loan amount.  The reduction loan's original principal amount is $35,662,471.\n\n(d)  Subamounts.  The subamounts of the reduction loan amount are:\n\n(1) Reduction fishery, $28,428,719; and\n\n(2) Fee-share fisheries:\n\n(i) California coastal Dungeness crab fee-share fishery, $2,334,334,\n\n(ii) California pink shrimp fee-share fishery, $674,202,\n\n(iii) Oregon coastal Dungeness crab fee-share fishery, $1,367,545,\n\n(iv) Oregon pink shrimp fee-share fishery, $2,228,845,\n\n(v) Washington coastal Dungeness crab fee-share fishery, $369,426, and\n\n(vi) Washington ocean pink shrimp fee-share fishery, $259,400.\n\n(e)  Interest accrual inception.  Interest began accruing on each portion of the reduction loan amount on and from the date each such portion was disbursed.\n\n(f)  Interest rate.  The reduction loan's interest rate is 6.97 percent. This is a fixed rate of interest for the full term of the reduction loan's life.\n\n(g)  Repayment term.  For the purpose of determining fee rates, the reduction loan's repayment term shall be 30 years from March 1, 2004, but each fee shall continue for as long as necessary to fully repay each subamount.\n\n(h)  Reduction loan.  The reduction loan shall be subject to the provisions of \u00a7 600.1012 of subpart L, except that:\n\n(1) The borrower's obligation to repay the reduction loan shall be discharged by fish sellers in the reduction fishery and in each of the fee-share fisheries paying the fee applicable to each such fishery's subamount in accordance with \u00a7 600.1013 of subpart L, and\n\n(2) Fish buyers in the reduction fishery and in each of the fee-share fisheries shall be obligated to collect the fee applicable to each such fishery's subamount in accordance with \u00a7 600.1013 of this subpart.\n\n(i)  Fee collection, deposits, disbursements, records, and reports.  Fish buyers in the reduction fishery and in each of the fee share fisheries shall deposit and disburse, as well as keep records for and submit reports about, the fees applicable to each such fishery in accordance with \u00a7 600.1014 of this subpart, except that:\n\n(1)  Deposit accounts.  Each fish buyer that this section requires to collect a fee shall maintain an account at a federally insured financial institution for the purpose of depositing collected fee revenue and disbursing the deposit principal directly to NMFS in accordance with paragraph (i)(3) of this section. The fish buyer may use this account for other operational purposes as well, but the fish buyer shall ensure that the account separately accounts for all deposit principal collected from the reduction fishery and from each of the six fee-share fisheries. The fish buyer shall separately account for all fee collections as follows:\n\n(i) All fee collections from the reduction fishery shall be accounted for in a reduction fishery subaccount,\n\n(ii) All fee collections from the California pink shrimp fee-share fishery shall be accounted for in a California shrimp fee-share fishery subaccount,\n\n(iii) All fee collections from the California coastal Dungeness crab fishery shall be accounted for in a California crab fee-share fishery subaccount,\n\n(iv) All fee collections from the Oregon pink shrimp fee-share fishery shall be accounted for in an Oregon shrimp fee-share fishery subaccount,\n\n(v) All fee collections from the Oregon coastal Dungeness crab fee-share fishery shall be accounted for in an Oregon crab fee-share fishery subaccount,\n\n(vi) All fee collections from the Washington ocean pink shrimp fee-share fishery shall be accounted for in a Washington ocean shrimp fee-share fishery subaccount, and\n\n(vii) All fee collections from the Washington coastal Dungeness crab fishery shall be accounted for in a Washington crab fee-share fishery subaccount;\n\n(2)  Fee collection deposits.  Each fish buyer, no less frequently than at the end of each month, shall deposit, in the deposit account established under paragraph (i)(1) of this section, all collected fee revenue not previously deposited that the fish buyer collects through a date not more than two calendar days before the date of deposit. The deposit principal may not be pledged, assigned, or used for any purpose other than aggregating collected fee revenue for disbursement to the fund in accordance with paragraph (i)(3) of this section. The fish buyer is entitled, at any time, to withdraw interest (if any) on the deposit principal, but never the deposit fee principal itself, for the fish buyer's own use and purposes;\n\n(3)  Deposit principal disbursement.  Not later than the 14th calendar day after the last calendar day of each month, or more frequently if the amount in the account exceeds the account limit for insurance purposes, the fish buyer shall disburse to NMFS the full deposit principal then in the deposit account, provided that the deposit principal then totals $100 or more. If the deposit principal then totals less than $100, the fish buyer need not disburse the deposit principal until either the next month during which the deposit principal then totals $100 or more, or not later than the 14th calendar day after the last calendar day of any year in which the deposit principal has not since the last required disbursement totaled $100 or more, whichever comes first. The fish buyer shall disburse deposit principal by check made payable to the groundfish program's fund subaccount. The fish buyer shall mail each such check to the groundfish program's fund subaccount lockbox that NMFS establishes for the receipt of groundfish program disbursements. Each disbursement shall be accompanied by the fish buyer's fee collection report completed in the manner and form which NMFS specifies. NMFS will, before fee payment and collection begins, specify the groundfish program's fund subaccount lockbox and the manner and form of fee collection report. NMFS will do this by means of the notification in \u00a7 600.1013(d) of subpart L. NMFS' fee collection report instructions will include provisions for the fish buyer to specify the amount of each disbursement which was disbursed from the reduction fishery subaccount and/or from each of the six fee-share fishery subaccounts;\n\n(4)  Records maintenance.  Each fish buyer shall maintain, in a secure and orderly manner for a period of at least 3 years from the date of each transaction involved, at least the following information:\n\n(i) For all deliveries of fee fish that the fish buyer buys from each fish seller:\n\n(A) The date of delivery,\n\n(B) The fish seller's identity,\n\n(C) The weight, number, or volume of each species of fee fish delivered,\n\n(D) Information sufficient to specifically identify the fishing vessel which delivered the fee fish,\n\n(E) The delivery value of each species of fee fish,\n\n(F) The net delivery value of each species of fee fish,\n\n(G) The identity of the payor to whom the net delivery value is paid, if different than the fish seller,\n\n(H) The date the net delivery value was paid,\n\n(I) The total fee amount collected as a result of all fee fish, and\n\n(J) The total fee amount collected as a result of all fee fish from the reduction fishery and/or all fee fish from each of the six fee-share fisheries; and\n\n(ii) For all collected fee deposits to, and disbursements of deposit principal from, the deposit account include:\n\n(A) The date of each deposit,\n\n(B) The total amount deposited,\n\n(C) The total amount deposited in the reduction fishery subaccount and/or in each of the six fee-share fishery subaccounts,\n\n(D) The date of each disbursement to the Fund's lockbox,\n\n(E) The total amount disbursed,\n\n(F) The total amount disbursed from the reduction fishery subaccount and/or from each of the six fee-share fishery subaccounts, and\n\n(G) The dates and amounts of disbursements to the fish buyer, or other parties, of interest earned on deposits; and\n\n(5)  Annual report.  No fish buyer needs to submit an annual report about fee fish collection activities unless, during the course of an audit under \u00a7 600.1014(g), NMFS requires a fish buyer to submit such a report or reports.\n\n(j) Other provisions. The reduction loan is, in all other respects, subject to the provisions of \u00a7 600.1012 through applicable portions of \u00a7 600.1017, except \u00a7 600.1014(e)."], ["50:50:12.0.1.1.1.13.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1103 Bering Sea and Aleutian Islands (BSAI) Crab species program.", "FWS", "", "", "[68 FR 69337, Dec. 12, 2003. Redesignated at 69 FR 53362, Sept. 1, 2004]", "(a)  Purpose.  This section's purpose is to implement the program that Section 144(d) of Division B of Pub. L. 106-554, as amended by section 2201 of Pub. L. 107-20 and section 205 of Pub. L. 107-117, enacted for BSAI crab species.\n\n(b)  Terms.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 expressly apply to the program for BSAI crab. Likewise, the terms defined in \u00a7 679.2 of this chapter also apply to terms not otherwise defined in either \u00a7 600.1000 or this section. The following terms used in this section have the following meanings for the purpose of this section:\n\nAcceptance  means NMFS' acceptance, on behalf of the United States, of a bid.\n\nBid  means a bidder's irrevocable offer, in response to an invitation to bid under this section, to surrender, to have revoked, to have restricted, to relinquish, to have withdrawn, or to have extinguished by other means, in the manner this section requires, the bidder's reduction fishing interest.\n\nBid amount  means the dollar amount of each bid.\n\nBidder  means either a qualifying bidder bidding alone or a qualifying bidder and a co-bidder bidding together who at the time of bidding holds the reduction fishing interests specified at \u00a7 600.1018(e).\n\nBid crab  means the crab that NMFS determines each bidder's reduction/history vessel (see definition) harvested, according to the State of Alaska's records of the documented harvest of crab, from each reduction endorsement fishery and from the Norton Sound fishery during the most recent 5 calendar years in which each reduction endorsement fishery was for any length of time open for directed crab fishing during a 10-calendar-year period beginning on January 1, 1990, and ending on December 31, 1999.\n\nBid score  means the criterion by which NMFS decides in what order to accept bids in the reverse auction this section specifies.\n\nCo-bidder  means a person who is not a qualifying bidder, but who at the time of bidding owns the reduction/privilege vessel this section requires to be included in a bid and is bidding together with a qualifying bidder.\n\nCrab  means the crab species covered by the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs pursuant to \u00a7 679.2 of this chapter.\n\nCrab license  means a License Limitation Program license for crab issued pursuant to \u00a7 679.4(k)(5) of this chapter.\n\nCrab reduction permit  means a non-interim crab license endorsed for one or more reduction endorsement fisheries, regardless of whether it is also endorsed for the Norton Sound fishery.\n\nFSD  means NMFS' Financial Services Division, located in NMFS' Silver Spring, MD, headquarters office.\n\nNon-crab reduction permit  means a fishing license, including all of its predecessor history, for which a bidder is the holder of record on December 12, 2003 and which was issued based on the fishing history of the bidder's -reduction/history vessel.\n\nNorton Sound fishery  means the non-reduction fishery defined in \u00a7 679.2 of this chapter as the area/species endorsement for Norton Sound red king and Norton Sound blue king crab.\n\nNVDC  means the U.S. Coast Guard's National Vessel Documentation Center located in Falling Waters, WV.\n\nQualifying bidder  means a person who at the time of bidding is the license holder of record of a crab reduction permit.\n\nQualifying voter  means a person who at the time of voting in a referendum is the license holder of record either of an interim or a non-interim crab license, except a crab license whose sole area/species endorsement is for the Norton Sound fishery.\n\nRAM Program  means NMFS' Restricted Access Management Program located in NMFS' Juneau, AK, regional office.\n\nReduction endorsement fishery  means any of the seven fisheries that \u00a7 679.2 of this chapter defines as area/species endorsements except the area/species endorsement for the Norton Sound fishery.\n\nReduction fishery  means the fishery for all crab covered by the Bering Sea/Aleutian Islands King and Tanner Crabs Fishery Management Plan under all area/species endorsements that section 679.2 of the chapter defines, except the area/species endorsement for the Norton Sound fishery.\n\nReduction fishing history  means, for each bid, the complete documented harvest of the bidder's reduction/history vessel, upon any part of which such harvest NMFS based issuance of the crab license included in the bid as a crab reduction permit, plus such fishing history, after the issuance of such crab license, of any other vessel upon which the bidder used such crab license.\n\nReduction fishing interest  means, for each bid, the bidder's:\n\n(1) Reduction fishing privilege (see definition);\n\n(2) Crab reduction permit;\n\n(3) Non-crab reduction permit;\n\n(4) Reduction fishing history (see definition); and\n\n(5) Any other claim that could in any way qualify the owner, holder, or retainer of any of the reduction components, or any person claiming under such owner, holder, or retainer, for any present or future limited access system fishing license or permit in any United States fishery (including, but not limited to, any harvesting privilege or quota allocation under any present or future individual fishing quota system).\n\nReduction fishing privilege  means the worldwide fishing privileges of a bid's reduction/privilege vessel (see definition).\n\nReduction/history vessel  means the vessel or vessels which generated the reduction fishing history.\n\nReduction loan sub-amount  means the portion of the original principal amount of reduction loan this section specifies each reduction endorsement fishery must repay with interest.\n\nReduction/privilege vessel  means the vessel designated on a crab license on December 12, 2003.\n\nReferendum  means a referendum under this section to determine whether voters approve the fee required to repay this program's reduction loan.\n\nReplacement vessel  means a reduction/history vessel which replaced the lost or destroyed one whose reduction fishing history qualified during the general qualification period and the endorsement qualification period and, which under the exceptions in Amendment 10, qualified during the recent participation period.\n\n(c)  Relationship to this subpart \u2014(1)  Provisions that apply.  The provisions of \u00a7 600.1000 through \u00a7 600.1017 of this subpart apply to this program except as paragraph (c)(2) of this section provides; and\n\n(2)  Provisions that do not apply.  The following sections, or portions of them, of this subpart do not apply to this program:\n\n(i) All of:\n\n(A) Section 600.1001,\n\n(B) Section 600.1002,\n\n(C) Section 600.1003,\n\n(D) Section 600.1004,\n\n(E) Section 600.1005,\n\n(F) Section 600.1006, and\n\n(G) Section 600.1007,\n\n(ii) The portions of \u00a7 600.1008:\n\n(A) Pertaining to an implementation plan,\n\n(B) Pertaining to a 60-day comment period for a proposed implementation regulation,\n\n(C) Pertaining to public hearings in each State that the this program affects,\n\n(D) Pertaining to basing the implementation regulation on a business plan,\n\n(E) Within paragraphs (d)(1)(ii) through (viii),\n\n(F) Within paragraph (d)(2)(ii),\n\n(G) Within paragraph (e), and\n\n(H) Within paragraph (f) and pertaining to fishing capacity reduction specifications and a subsidized program,\n\n(iii) The portions of \u00a7 600.1009:\n\n(A) Pertaining to fishing capacity reduction specifications,\n\n(B) Within paragraph (a)(4),\n\n(C) Pertaining to a reduction amendment,\n\n(D) Within paragraph (a)(5)(ii), to the extent that the paragraph is inconsistent with the requirements of this section,\n\n(E) Within paragraph (b)(i), and\n\n(F) Pertaining to an implementation plan,\n\n(iv) The portions of \u00a7 600.1010:\n\n(A) Within paragraph (b),\n\n(B) Pertaining to fishing capacity reduction specifications,\n\n(C) Within paragraph (d)(1), and\n\n(D) Within paragraphs (d)(4))(iv) through (vii),\n\n(v) The portions of \u00a7 600.1011:\n\n(A) That comprise the last sentence of paragraph (a),\n\n(B) Within paragraph (d), and\n\n(C) Within paragraph (e)(2),\n\n(vi) The portions of \u00a7 600.1012:\n\n(A) Within paragraph (b)(3) following the word \u201csubpart\u201d, and\n\n(B) Within paragraph (b)(3), and\n\n(vii) The last sentence of \u00a7 600.1014(f).\n\n(d)  Reduction cost financing.  NMFS will use the proceeds of a reduction loan, authorized for this purpose, to finance 100 percent of the reduction cost. The original principal amount of the reduction loan will be the total of all reduction payments that NMFS makes under reduction contracts. This amount shall not exceed $100 million.\n\n(e)  Who constitutes a bidder.  A bidder is a person or persons who is the:\n\n(1) Holder of record and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's crab reduction permit and the bid's non-crab reduction permit;\n\n(2) Reduction/privilege vessel owner, title holder of record, and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's reduction fishing privilege; and\n\n(3) Retainer and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's reduction fishing history.\n\n(f)  How crab licenses determine qualifying bidders and qualifying voters \u2014(1)  Non-interim crab licenses.  Each person who is the record holder of a non-interim crab license endorsed for one or more reduction endorsement fisheries is both a qualifying bidder and a qualifying voter and can both bid and vote;\n\n(2)  Interim crab licenses.  Each person who is the record holder of an interim crab license endorsed for one or more reduction endorsement fisheries is a qualifying voter but not a qualifying bidder and can vote but not bid;\n\n(3)  Crab licenses endorsed solely for the Norton Sound Fishery.  Each person who is the record holder of any crab license endorsed solely for the Norton Sound fishery is neither a qualifying bidder nor a qualifying voter and can neither bid nor vote; and\n\n(4)  Time at which qualifying bidders and voters must hold required crab licenses.  A qualifying bidder must be the record holder of the required crab license at the time the qualifying bidder submits its bid. A qualifying voter must be the record holder of the required crab license at the time the qualifying voter submits its referendum ballot.\n\n(g)  Qualifying bidders and co-bidders \u2014(1)  Qualifying bidders bidding alone.  There is no co-bidder when a qualifying bidder owns, holds, or retains all the required components of the reduction fishing interest;\n\n(2)  Qualifying bidders bidding together with co-bidders.  When a qualifying bidder does not own the reduction/privilege vessel, the person who does may be the qualifying bidder's co-bidder; and\n\n(3)  Minimum reduction components that qualifying bidders must hold or retain when bidding with co-bidders.  At a minimum, a qualifying bidder must hold the crab reduction permit and the non-crab reduction permit and retain the reduction fishing history. The reduction/privilege vessel may, however, be owned by another person who is a co-bidder.\n\n(h)  Reduction fishing interest \u2014(1)  General requirements.  Each bidder must:\n\n(i) In its bid, offer to surrender, to have revoked, to have restricted, to relinquish, to have withdrawn, or to have extinguished by other means, in the manner that this section requires, the reduction fishing interest,\n\n(ii) At the time of bidding, hold, own, or retain the reduction fishing interest and be fully and legally entitled to offer, in the manner that this section requires, the reduction fishing interest, and\n\n(iii) Continuously thereafter hold, own, or retain the reduction fishing interest and remain fully and legally entitled to offer, in the manner that this section requires, the reduction fishing interest until:\n\n(A) The bid expires without NMFS first having accepted the bid,\n\n(B) NMFS notifies the bidder that NMFS rejects the bid,\n\n(C) NMFS notifies the bidder that a reduction contract between the bidder and the United States no longer exists, or\n\n(D) NMFS tenders reduction payment to the bidder;\n\n(2)  Reduction/privilege vessel requirements.  The reduction/privilege vessel in each bid must be:\n\n(i) The vessel designated, at the time this final rule is published in the  Federal Register,  on a crab license which becomes a bid's crab reduction permit, and\n\n(ii) Be neither lost nor destroyed at the time of bidding;\n\n(3)  Reduction fishing privilege requirements.  The reduction fishing privilege in each bid must be the reduction/privilege vessel's:\n\n(i) Fisheries trade endorsement under the Merchant Marine Act, 1936 (46 U.S.C.A. 12108),\n\n(ii) Qualification for any present or future U.S. Government approval under section (9)(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for placement under foreign registry or operation under the authority of a foreign country, and\n\n(iii) Any other privilege to ever fish anywhere in the world;\n\n(4)  Crab reduction permit requirements.  (i) Except as otherwise provided in paragraph (i) of this section, the crab reduction permit must in each bid:\n\n(A) Be the crab license that NMFS issued on the basis of the bidder's reduction fishing history,\n\n(B) Be non-interim at the time each bidder submits its bid, and\n\n(C) Include an area/species endorsement for any one or more reduction endorsement fisheries,\n\n(ii) Although the Norton Sound fishery is not a reduction endorsement fishery, an area/species endorsement for the Norton Sound fishery occurring on a crab reduction permit must be surrendered and revoked (and all fishing history involving it relinquished) in the same manner as all other reduction endorsement fisheries occurring on the crab reduction permit;\n\n(5)  Non-crab reduction permit requirements.  The non-crab reduction permit must in each bid be every license, permit, or other harvesting privilege that:\n\n(i) NMFS issued on the basis of the fishing history of the bidder's reduction/history vessel, and\n\n(ii) For which the bidder was the license holder of record on the effective date of this section; and\n\n(6)  Reduction fishing history requirements.  Except as otherwise provided in paragraph (i) of this section, the reduction fishing history in each bid must that of a single reduction/history vessel.\n\n(i)  Exceptions to the reduction fishing interest requirements \u2014(1)  Lost or destroyed vessel salvaged.  When a bidder has salvaged a lost or destroyed vessel and has made from the salvaged vessel the documented harvest of crab \u00a7 679.4(k)(5)(iii)(B)( 3 ) of this chapter requires, the crab portion of the reduction fishing history is the salvaged vessel's documented harvest of crab; and\n\n(2)  Lost or destroyed vessel not salvaged.  When a bidder has not salvaged the lost or destroyed vessel but has made from a replacement vessel the documented harvest of crab \u00a7 679.4(k)(5)(iii)(B)( 3 ) of this chapter requires:\n\n(i) The crab portion of the reduction fishing history is the total of the lost or destroyed vessel's documented harvest of crab through the date of such vessel's loss or destruction plus the replacement vessel's documented harvest of crab after such date, and\n\n(ii) For the purposes of this program, the lost or destroyed vessel's documented harvest of crab merges with, and becomes a part of, the replacement vessel's documented harvest of crab; and\n\n(3)  Acquired crab fishing history.  When a bidder, in the manner \u00a7 679.4(k)(5)(iv) of this chapter requires, has made a documented harvest of crab from one vessel and has acquired a replacement vessel's documented harvest of crab:\n\n(i) The crab portion of the reduction fishing history is the total of the acquired documented harvest of crab through December 31, 1994, plus the documented harvest of crab after December 31, 1994, of the vessel from which the bidder made the documented crab harvest \u00a7 679.4(k)(5)(iv) of this chapter requires, and\n\n(ii) [Reserved]\n\n(iii) For the purposes of this program, the acquired documented harvest of crab merges with, and becomes a part of, the non-acquired documented harvest of crab.\n\n(j)  Determining value of reduction/history vessels' bid crab \u2014(1)  In each fishery.  NMFS will determine the dollar value of each reduction/history vessel's bid crab in each reduction endorsement fishery and in the Norton Sound Fishery by multiplying each reduction/history vessel's number of pounds of each species of bid crab by the average ex-vessel price per pound that the State of Alaska annually publishes for each crab species in the bid crab; and\n\n(2)  In all fisheries.  NMFS will determine the dollar value of each reduction/history vessel's bid crab in all reduction endorsement fisheries and in the Norton Sound fishery by adding each of the products of the multiplications in paragraph (j)(1) of this section; and\n\n(3)  Crab excluded from bid crab.  A reduction/history vessel's bid crab may not include, to the extent that NMFS has knowledge:\n\n(i) Triangle tanner crab, grooved tanner crab, and any other crab not involved in the various area/species endorsements,\n\n(ii) Discarded crab,\n\n(iii) Crab caught for personal use,\n\n(iv) Unspecified crab, and\n\n(v) Any other crab for which the dollar value, crab fishery, landing date, or harvesting vessel NMFS cannot, for whatever reason, determine.\n\n(k)  Determining bid score.  NMFS will determine each bid score by dividing each bid amount by the sum in paragraph (j)(2) of this section.\n\n(l)  Determining reduction loan sub-amount \u2014(1)  Value of all bid crab in each fishery.  NMFS will add the dollar value of bid crab of all accepted bidders' reduction/history vessels in each reduction endorsement fishery;\n\n(2)  Value of all bid crab in all fisheries.  NMFS will add the dollar value of bid crab of all accepted bidders' reduction/history vessels in all reduction endorsement fisheries plus the Norton Sound fishery;\n\n(3)  Each fishery as a percentage of all fisheries.  NMFS will divide each of the sums in paragraph (l)(1) of this section by the sum in paragraph (l)(2) of this section. The result of this calculation will be the dollar value of all bid crab in each reduction endorsement fishery as a percentage of the dollar value of all bid crab in all reduction endorsement fisheries plus the Norton Sound fishery;\n\n(4)  Applying percentages to loan amount.  NMFS will multiply the reduction loan's full original principal amount by each of the yields in paragraph (l)(3) of this section; and\n\n(5)  Loan sub-amount.  Each of the amounts resulting from the calculation in paragraph (l)(4) of this section will be the reduction loan subamount that a reduction endorsement fishery must repay.\n\n(m)  Prospectively qualifying bidder and voter notification \u2014(1)  General.  At the appropriate point before issuing an invitation to bid, NMFS will publish a notification in the  Federal Register  listing all persons who at the time of publishing the notification prospectively are qualifying bidders and qualifying voters;\n\n(2)  Qualifying bidder list.  The prospectively qualifying bidder list will include the names and addresses of record of each license holder of record for all non-interim crab licenses except only crab licenses whose sole area/species endorsement is for the Norton Sound fishery;\n\n(3) Qualifying voter list. The prospectively qualifying voter list will include the names and addresses of record of each license holder of record for all non-interim and interim crab licenses except only crab licenses whose sole area/species endorsement is for the Norton Sound fishery;\n\n(4)  Basis of lists.  NMFS will base both the lists on the RAM Program's license holder records for crab licenses meeting the requirements of \u00a7 679.4(k)(5) of this chapter as well as the requirements of this section;\n\n(5)  Purpose.  The purpose of the notification is to provide the public notice of:\n\n(i) The prospectively qualifying bidders, and\n\n(ii) The prospectively qualifying voters; and\n\n(6)  Public comment.  Any person who wants to comment about the notification has 30 days from the notification's publication date to do so. Persons should send their comments to both FSD and the RAM Program (at addresses that the notification will specify). Comments may address:\n\n(i) Persons who appear on one or more lists but should not,\n\n(ii) Persons who do not appear on one or more lists but should, and\n\n(iii) Persons who believe their names and/or business mailing addresses appearing on one or more lists are incorrect.\n\n(n)  Invitation to bid \u2014(1)  Notification.  At the appropriate point after issuing the notification in paragraph (m) of this section, NMFS will publish the invitation to bid in the  Federal Register  notification further specified in \u00a7 600.1009(c) of this subpart, along with a bidding form and terms of capacity reduction agreement. No person may, however, bid at this stage;\n\n(2)  Notification contents.  The invitation to bid notification will state all applicable bid submission requirements and procedures (including, but not limited to, those included in this section). In particular, the invitation to bid notification will:\n\n(i) State the date on which NMFS will invite bids by mailing an invitation to bid to each person on the prospectively qualifying bidder list,\n\n(ii) State a bid opening date, before which a bidder may not bid, and a bid closing date, after which a bidder may not bid,\n\n(iii) State a bid expiration date after which each bid expires unless, prior to that date, NMFS accepts the bid by mailing a written acceptance notice to the bidder at the bidder's address of record,\n\n(iv) State the manner of bid submission and the information each bidder must submit for NMFS to deem a bid responsive,\n\n(v) State any other information required for bid submission, and\n\n(vi) Include a facsimile of the invitation to bid, along with a bidding form and terms of capacity reduction agreement comprising the entire terms and conditions of the reduction contract under which each bidder must bid and under which NMFS must accept a bid; and\n\n(3)  Mailing.  On the date specified in this notification, NMFS will invite bids by mailing the invitation to bid and a bidding package, including a bidding form terms of capacity reduction agreement, to each person then on the prospectively qualifying bidder list. NMFS will not mail the invitation to bid to any potential co-bidder because NMFS will not then know which bids may include a co-bidder. Each qualifying bidder is solely responsible to have any required co-bidder properly complete the bid. No person may bid before receiving the invitation to bid and the bidding package that NMFS mailed to that person.\n\n(o)  Bids \u2014(1)  Content.  Each invitation to bid that NMFS mails to a qualifying bidder will have a bid form requiring each bid to:\n\n(i) Identify, by name, regular mail address, telephone number, and (if available) electronic mail address, the qualifying bidder and each co-bidder,\n\n(ii) State the bid amount in U.S. dollars,\n\n(iii) Identify, by crab license number, the qualifying bidder's crab reduction permit and include an exact copy of this crab license (which the RAM Program issued),\n\n(iv) Identify, by vessel name and official number, the bidder's reduction/privilege vessel, and include an exact copy of this vessel's official document (which NVDC issued),\n\n(v) Identify, by license or permit number, each of the bidder's non-crab reduction permits; and include an exact copy of each of these licenses or permits (which the RAM Program issued for licenses or permits involving species under the jurisdiction of NMFS' Alaska Region and which other NMFS offices issued for licenses or permits involving species under those offices' jurisdiction),\n\n(vi) Identify, separately for crab and for each other species:\n\n(A) The qualifying bidder's reduction fishing history, and\n\n(B) The dates that each portion of the reduction fishing history encompasses; the name and official number of the reduction/history vessel or vessels which gave rise to it; and the dates during which the qualifying bidder owned such vessels or, if the qualifying bidder acquired any reduction fishing history from another person, the name of the person from which the qualifying bidder acquired such reduction fishing history and the manner in which and the date on which the qualifying bidder did so,\n\n(vii) State, declare, and affirm that the qualifying bidder holds the crab reduction permit and retains the complete reduction fishing history, and is fully and legally entitled to offer both in the manner this section requires,\n\n(viii) State, declare, and affirm that either the qualifying bidder or the co-bidder owns the reduction/privilege vessel and holds the non-crab reduction permit and is fully and legally entitled to offer both in the manner that this section requires, and\n\n(ix) Provide any other information or materials that NMFS believes is necessary and appropriate; and\n\n(2)  Rejection.  NMFS, regardless of bid scores, will reject any bid that NMFS believes is unresponsive to the invitation to bid. All bid rejections will constitute final agency action as of the date of rejection. Before rejection, NMFS may, however, contact any bidder to attempt to correct a bid deficiency if NMFS, in its discretion, believes the attempt warranted.\n\n(p)  Acceptance \u2014(1)  Reverse auction.  NMFS will determine which responsive bids NMFS accepts by using a reverse auction in which NMFS first accepts the responsive bid with the lowest bid score and successively accepts each additional responsive bid with the next lowest bid score until either there are no more responsive bids to accept or acceptance of the last responsive bid with the next lowest bid score would cause the reduction cost to exceed $100 million. If two or more responsive bid scores are exactly the same, NMFS will first accept the bid that NMFS first received;\n\n(2)  Notification.  NMFS will, after the conclusion of a successful referendum, notify accepted bidders that NMFS had, before the referendum, accepted their bids; and\n\n(3)  Post-acceptance reduction permit transfer.  After NMFS has accepted bids, neither the RAM Program (nor any other NMFS office) will transfer to other persons any reduction permits that accepted bidders included in the bids unless and until FSD advises the RAM Program (or some other NMFS office) that the resulting reduction contracts are no longer in effect because a referendum failed to approve the fee that this section requires to repay this program's reduction loan.\n\n(q)  Reduction contracts subject to successful post-bidding referendum condition.  Although this program involves no fishing capacity reduction specifications under this subpart, each bid, each acceptance, and each reduction contract is nevertheless subject to the successful post-bidding referendum condition that \u00a7 600.1009(a)(3) of this subpart specifies for bidding results that do not conform to the fishing capacity reduction specifications.\n\n(r)  Post-bidding referendum \u2014(1)  Purpose.  NMFS will conduct a post-bidding referendum whose sole purpose is to determine whether, based on the bidding results, qualifying voters who cast referendum ballots in the manner that this section requires authorize the fee required to repay this program's reduction loan;\n\n(2)  Manner of conducting.  NMFS will mail a referendum ballot to each person then on the prospectively qualifying voter list for each crab license that the person holds and otherwise conduct the referendum as specified in \u00a7 600.1010 of this subpart;\n\n(3)  One vote per crab license.  Each qualifying voter may cast only one vote for each crab license that each qualifying voter holds;\n\n(4)  Crab license numbers on ballots.  Each referendum ballot that NMFS mails will contain the license number of the prospectively qualifying voter's crab license to which the ballot relates;\n\n(5)  Potential reduction results stated.  Each referendum ballot that NMFS mails will state the aggregate potential reduction results of all the bids that NMFS accepted, including:\n\n(i) The amount of reduction that all accepted bids potentially effect, including:\n\n(A) The number of crab reduction permits, together with each area/species endorsement for which each of these licenses is endorsed,\n\n(B) The number of reduction/privilege vessels and reduction/history vessels, and\n\n(C) The aggregate and average dollar value of bid crab (together with the number of pounds of bid crab upon which NMFS based the dollar value), in each reduction endorsement fishery and in the reduction fishery, for all reduction/history vessels during the period for which NMFS calculates the dollar value of bid crab,\n\n(ii) The reduction loan sub-amount that each reduction endorsement fishery must repay if a referendum approves the fee, and\n\n(iii) Any other useful information NMFS may then have about the potential sub-fee rate initially necessary in each reduction endorsement fishery to repay each reduction loan sub-amount; and\n\n(6)  Notice that condition fulfilled.  If the referendum is successful, NMFS will notify accepted bidders, in the manner that \u00a7 600.1010(d)(6)(iii) of this subpart specifies, that a successful referendum has fulfilled the reduction contracts' successful post-bidding referendum condition specified in paragraph (q) of this section.\n\n(s)  Reduction method.  In return for each reduction payment, NMFS will permanently:\n\n(1) Revoke each crab reduction permit;\n\n(2) Revoke each non-crab reduction permit;\n\n(3) Revoke each reduction fishing privilege (which revocation will run with the reduction/privilege vessel's title in the manner \u00a7 600.1009(a)(5)(ii)(A) of this subpart requires and in accordance with 46 U.S.C. 12108(d));\n\n(4) Effect relinquishment of each reduction fishing history for the purposes specified in this section by noting in the RAM Program records (or such other records as may be appropriate for reduction permits issued elsewhere) that the reduction fishing history has been relinquished under this section and will never again be available to anyone for any fisheries purpose; and\n\n(5) Otherwise restrict in accordance with this subpart each reduction/privilege vessel and fully effect the surrender, revocation, restriction, relinquishment, withdrawal, or extinguishment by other means of all components of each reduction fishing interest.\n\n(t)  Reduction payment tender and disbursement \u2014(1)  Fishing continues until tender.  Each accepted bidder may continue fishing as it otherwise would have absent the program until NMFS, after a successful referendum, tenders reduction payment to the accepted bidder;\n\n(2)  Notification to the public.  After a successful referendum but before tendering reduction payment, NMFS will publish a notification in the  Federal Register  listing all proposed reduction payments and putting the public on notice:\n\n(i) Of the crab reduction permits, the reduction/privilege vessels, the reduction fishing histories, and the non-crab reduction permits upon whose holding, owning, retaining, or other legal authority representations accepted bidders based their bids and NMFS based its acceptances, and\n\n(ii) That NMFS intends, in accordance with the reduction contracts, to tender reduction payments in return for the actions specified in paragraph (s) of this section;\n\n(3)  Public response.  The public has 30 days after the date on which NMFS publishes the reduction payment tender notification to advise NMFS in writing of any holding, owning, or retaining claims that conflict with the representations upon which the accepted bidders based their bids and on which NMFS based its acceptances;\n\n(4)  Tender and disbursement parties.  NMFS will tender reduction payments only to accepted bidders, unless otherwise provided contrary written instructions by accepted bidders. Creditors or other parties with secured or other interests in reduction/privilege vessels or reduction permits are responsible to make their own arrangements with accepted bidders;\n\n(5)  Time of tender.  At the end of the reduction payment tender notification period, NMFS will tender reduction payments to accepted bidders, unless NMFS then knows of a material dispute about an accepted bidder's authority to enter into the reduction contract with respect to any one or more components of the reduction fishing interest that warrants, in NMFS' discretion, an alternative course of action;\n\n(6)  Method of tender and disbursement.  NMFS will tender reduction payment by requesting from each accepted bidder specific, written instructions for paying the reduction payments. Upon receipt of these payment instructions, NMFS will immediately disburse reduction payments in accordance with the payment instructions; and\n\n(7)  Effect of tender.  Concurrently with NMFS' tender of reduction payment to each accepted bidder:\n\n(i) All fishing activity for any species anywhere in the world in any way associated with each accepted bidder's reduction fishing interest must cease,\n\n(ii) Each accepted bidder must retrieve all fixed fishing gear for whose deployment the accepted bidder's reduction/privilege vessel was responsible, and\n\n(iii) NMFS will fully exercise its reduction contract rights with respect to the reduction fishing interest by taking the actions specified in paragraph (s) of this section.\n\n(u)  Fee payment and collection \u2014(1)  Fish sellers who pay the fee.  Any person who harvests any crab, but whom ADF&G's fisheries reporting requirements do not require to record and submit an ADF&G fish ticket for that crab, is a fish seller for the purpose of paying any fee on that crab and otherwise complying with the requirements of \u00a7 600.1013 of this subpart;\n\n(2)  Fish buyers who collect the fee.  Any person whom ADF&G's fisheries reporting requirements require to record and submit an ADF&G fish ticket for any crab that another person harvested is a fish buyer for the purpose of collecting the fee on that crab and otherwise complying with the requirements of \u00a7 600.1013 of this subpart; and\n\n(3)  Persons who are both fish sellers and fish buyers and both pay and collect the fee.  Any person who harvests any crab, and whom ADF&G's fisheries reporting requirements require to record and submit an ADF&G fish ticket for that crab, is both a fish seller and a fish buyer for the purpose of paying and collecting the fee on that crab and otherwise complying with the requirements of \u00a7 600.1013 of this subpart.\n\n(v)  Fishing prohibition and penalties \u2014(1)  General.  Fishing, for the purpose of this section, includes the full range of activities defined in the term \u201cfishing\u201d in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801),\n\n(2)  Prohibitions.  Concurrently with NMFS' tender of each reduction payment, and with the sole exception in paragraph (t)(7)(i) of this section, no person whatsoever may, and it is unlawful for any person to:\n\n(i) Fish with or attempt to fish with, or allow others to fish with or attempt to fish with, the reduction/privilege vessel anywhere in the world for any species under any conditions and regardless of the reduction/privilege vessel's ownership or registry for so long as the reduction/privilege vessel exists. This prohibition includes, but is not limited to, fishing on the high seas or in the jurisdiction of any foreign country (to the extent prohibited by law) while operating under U.S. flag,\n\n(ii) Place or attempt to place, or allow others to place or attempt to place, the reduction/privilege vessel under foreign flag or registry,\n\n(iii) Operate or attempt to operate, or allow others to operate or attempt to operate, the reduction/privilege vessel under the authority of a foreign country to the extent prohibited by law,\n\n(iv) Otherwise avoid or attempt to avoid, or allow others to avoid or attempt to avoid, the revocation of the reduction fishing privilege with respect to any reduction/privilege vessel, and\n\n(v) Make any claim or attempt to make any claim, or allow others to claim or attempt to make any claim, for any present or future limited access fishing license or permit in any U.S. fishery (including, but not limited to, any quota allocation under any present or future individual quota allocation system) based in any way on any portion of a reduction fishing interest surrendered, revoked, restricted, relinquished, withdrawn, or extinguished by other means under this section; and\n\n(3)  Penalties.  The activities that this paragraph prohibits are subject to the full penalties provided in \u00a7 600.1017 of this subpart, and immediate cause for NMFS to take action to, among other things:\n\n(i) At the reduction/privilege vessel owner's expense, seize and scrap the reduction/privilege vessel, and\n\n(ii) Pursue such other remedies and enforce such other penalties as may be applicable.\n\n(w)  Program administration \u2014(1)  FSD responsibilities.  FSD is responsible for implementing and administering this program. FSD will:\n\n(i) Issue all notifications and mailings that this section requires,\n\n(ii) Prepare and issue the invitation to bid,\n\n(iii) Receive bids,\n\n(iv) Reject bids,\n\n(v) Score bids,\n\n(vi) Make acceptances,\n\n(vii) Prepare and issue referendum ballots,\n\n(viii) Receive referendum ballots,\n\n(ix) Tally referendum ballots,\n\n(x) Determine referendum success or failure,\n\n(xi) Tender and disburse reduction payments,\n\n(xii) Administer reduction contracts,\n\n(xiii) Administer fees and reduction loan repayment, and\n\n(xiv) Discharge all other management and administration functions that this section requires;\n\n(2)  RAM Program responsibilities.  Upon FSD's advice, the RAM Program (for fishing licenses under the jurisdiction of NMFS's Alaska Region) and any other appropriate NMFS authority (for fishing licenses under the jurisdiction of any other NMFS office) will revoke reduction permits and effect the surrender of fishing histories in accordance with this section; and\n\n(3)  NVDC and MARAD responsibilities.  FSD will advise NVDC, MARAD, such other agency or agencies as may be involved, or all of them to revoke reduction/privilege vessels' fisheries trade endorsements and otherwise restrict reduction/privilege vessels in accordance with this section.\n\n(x)  Reduction loan and reduction loan sub-amounts.  [Reserved]"], ["50:50:12.0.1.1.1.13.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment and collection system.", "FWS", "", "", "[70 FR 54656, Sept. 16, 2005, as amended at 71 FR 27210, May 10, 2006]", "(a)  Purpose.  As authorized by Public Law 106-554, this section's purpose is to:\n\n(1) In accordance with \u00a7 600.1012 of subpart L, establish:\n\n(i) The borrower's obligation to repay a reduction loan, and\n\n(ii) The loan's principal amount, interest rate, and repayment term; and\n\n(2) In accordance with \u00a7 600.1013 through \u00a7 600.1016 of subpart L, implement an industry fee system for the reduction fishery.\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 of subpart L and \u00a7 600.1103 of this subpart expressly apply to this section. The following terms have the following meanings for the purpose of this section:\n\nCrab rationalization crab  means the same as in \u00a7 680.2 of this chapter.\n\nCrab rationalization fisheries  means the same as in \u00a7 680.2 of this chapter.\n\nReduction endorsement fishery  means any of the seven fisheries that \u00a7 679.2 of this chapter formerly (before adoption of part 680 of this chapter) defined as crab area/species endorsements, except the area/species endorsement for Norton Sound red king. More specifically, the reduction endorsement fisheries, and the crab rationalization fisheries which (after adoption of part 680 of this chapter) correspond to the reduction endorsement fisheries, are:\n\n(1) Bristol Bay red king (the corresponding crab rationalization fishery is Bristol Bay red king crab),\n\n(2) Bering Sea and Aleutian Islands Area  C. opilio  and  C. bairdi  (the corresponding crab rationalization fisheries are two separate fisheries, one for Bering Sea snow crab and another for Bering Sea Tanner crab),\n\n(3) Aleutian Islands brown king (the corresponding crab rationalization fisheries are the two separate fisheries, one for Eastern Aleutian Islands golden king crab and another for Western Aleutian Islands golden king crab),\n\n(4) Aleutian Islands red king (the corresponding crab rationalization fishery is Western Aleutian Islands red king crab),\n\n(5) Pribilof red king and Pribilof blue king (the corresponding crab rationalization fishery is Pribilof red king and blue king crab), and\n\n(6) St. Matthew blue king (the corresponding crab rationalization fishery is also St. Matthew blue king crab).\n\nReduction fishery  means the fishery for all crab rationalization crab, excluding CDQ allocations, in all crab rationalization fisheries.\n\nSub-amount  means the portion of the reduction loan amount for whose repayment the borrower in each reduction endorsement fishery is obligated.\n\n(c)  Reduction loan amount.  The reduction loan's original principal amount is $97,399,357.11.\n\n(d)  Sub-amounts.  The sub-amounts are:\n\n(1) For Bristol Bay red king, $17,129,957.23;\n\n(2) For Bering Sea and Aleutian Islands Area  C. opilio  and  C. bairdi , $66,410,767.20;\n\n(3) For Aleutian Islands brown king, $6,380,837.19;\n\n(4) For Aleutian Islands red king, $237,588.04;\n\n(5) For Pribilof red king and Pribilof blue king, $1,571,216.35; and\n\n(6) For St. Matthew blue king, $5,668,991.10.\n\n(e)  Interest accrual from inception.  Interest began accruing on each portion of the reduction loan amount on and from the date on which NMFS disbursed each such portion.\n\n(f)  Interest rate.  The reduction loan's interest rate shall be the applicable rate which the U.S. Treasury determines at the end of fiscal year 2005 plus 2 percent.\n\n(g)  Repayment term.  For the purpose of determining fee rates, the reduction loan's repayment term is 30 years from January 19, 2005, but each fee shall continue indefinitely for as long as necessary to fully repay each subamount.\n\n(h)  Reduction loan repayment.  (1) The borrower shall, in accordance with \u00a7 600.1012, repay the reduction loan;\n\n(2) Fish sellers in each reduction endorsement fishery shall, in accordance with \u00a7 600.1013, pay the fee at the rate applicable to each such fishery's subamount;\n\n(3) Fish buyers in each reduction endorsement fishery shall, in accordance with \u00a7 600.1013, collect the fee at the rate applicable to each such fishery;\n\n(4) Fish buyers in each reduction endorsement fishery shall in accordance with \u00a7 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to each such fishery; except the requirements specified under paragraph (c) of this section concerning the deposit principal disbursement shall be made to NMFS not later than the 7th calendar day of each month; and the requirements specified under paragraph (e) of this section concerning annual reports which shall be submitted to NMFS by July 1 of each calendar year; and,\n\n(5) The reduction loan is, in all other respects, subject to the provisions of \u00a7 600.1012 through \u00a7 600.1017."], ["50:50:12.0.1.1.1.13.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1105 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program.", "FWS", "", "", "[71 FR 57701, Sept. 29, 2006]", "(a)  Purpose.  This section implements the capacity reduction program that Title II, Section 219(e) of Public Law 108-447 enacted for the longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery.\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 of subpart L of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section:\n\nAct  means Title II, Section 219 of Public Law 108-447.\n\nAI  means the Aleutian Islands.\n\nApplication Form  means the form published on the FLCC's website that sets forth whether the qualifying LLP License is a Latent License and identifies the individual(s) authorized to execute and deliver Offers and Offer Ranking Ballots on behalf of the Subsector Member.\n\nAuditor  means Jack V. Tagart, Ph.D., d.b.a. Tagart Consulting.\n\nAuthorized Party  means the individuals authorized by Subsector Members on the application form to execute and submit Offers, Rankings, protests and other documents and/or notices on behalf of Subsector Member.\n\nBallot  means the form found on the auditor's website used to cast a vote in favor of, or in opposition to, the currently Selected Offers.\n\nBS  means the Bering Sea.\n\nBSAI  means the Bering Sea and the Aleutian Islands.\n\nBSAI Pacific Cod ITAC  means the Total Allowable Catch for Pacific cod after the subtraction of the 7.5 percent Community Development Program reserve.\n\nCapacity Reduction Agreement or Reduction Agreement  means an agreement entered into by the Subsector Members and the FLCC under which the FLCC is permitted to develop and submit a Capacity Reduction Plan to the Secretary.\n\nCertificate of Documentation (COD)  means a document issued by the U.S. Coast Guard's National Documentation Center that registers the vessel with the United States Government.\n\nClosing Vote  means a vote held pursuant to paragraph (d)(7) of this section, after two-thirds (\n 2/3 ) or more of the Nonoffering Subsector Members submit Ranking Forms electing to accept the Selected Offerors and close the Selection Process, and there are no unresolved Protests or Arbitrations.\n\nCurrent Offer  means an Offer submitted by a Subsector Member to the Auditor during any Submission Period and, with regard to such Offer, Offeror has not become a Rejected Offeror. The term \u201cCurrent Offer\u201d includes Selected Offers.\n\nCurrent Offeror  means an Offering Subsector Member that has submitted an Offer to the Auditor during any Submission Period and, with regard to such Offer, Offeror has not become a Rejected Offeror. The term \u201cCurrent Offeror\u201d includes Selected Offerors.\n\nDatabase  means the online LLP License database maintained by NMFS as downloaded by the Auditor pursuant to paragraph (c)(1) of this section.\n\nEffective Date  means the date the Capacity Reduction Agreement becomes effective pursuant to section 4.e of the Capacity Reduction Agreement.\n\nFishing Capacity Reduction Contract or Reduction Contract  means the contract that any Current Offeror must sign and agree to abide by if NMFS accepts the offer by signing the Reduction Contract.\n\nFLCC Counsel  means Bauer Moynihan & Johnson LLP or other counsel representing the FLCC in any review or arbitration under the Capacity Reduction Agreement.\n\nLatent License  means an LLP License on which a vessel was not designated at the time an Offer is submitted.\n\nLLP License  means a Federal License Limitation Program groundfish license issued pursuant to \u00a7 679.4(k) of this chapter or successor regulation that is noninterim and transferable, or that is interim and subsequently becomes noninterim and transferable, and that is endorsed for BS or AI catcher processor fishing activity, C/P, Pacific cod and hook and line gear.\n\nLongline Subsector  means the longline catcher processor subsector of the BSAI non-pollock groundfish fishery as defined in the Act.\n\nLongline Subsector ITAC  means the longline catcher processor subsector remainder of the Total Allowable Catch after the subtraction of the 7.5 percent Community Development Program reserve.\n\nNonoffering Subsector Member  shall have the meaning ascribed thereto in paragraph (d)(5)(i) of this section.\n\nOffer Content  means all information included in Offers submitted to the Auditor pursuant to paragraph (d)(2)(ii) of this section.\n\nOffer Form  means the form found on the Auditor's website used to make an offer.\n\nOffer(s)  means a binding offer(s) from a Subsector Member to sell its LLP, right to participate in the fisheries, the fishing history associated with such LLP, and any vessel set forth on the Offer Form submitted by Offeror pursuant to the terms of this Capacity Reduction Agreement.\n\nOpening Date  means the first Monday following the Effective Date set forth in paragraph (c)(3) of this section.\n\nPerson  includes any natural person(s) and any corporation, partnership, limited partnership, limited liability company, association or any other entity whatsoever, organized under the laws of the United States or of a state.\n\nPrequalification Offer  shall have the meaning ascribed thereto in paragraph (d)(2)(iii) of this section.\n\nRanking Form  means the form posted by the Auditor pursuant to paragraph (d)(5)(iii) of this section.\n\nRanking Period  shall have the meaning ascribed thereto in paragraph (d)(5)(ii) of this section.\n\nReduction Fishery  means the BSAI non-pollock groundfish fishery.\n\nReduction Fishing Interests  shall have the meaning ascribed thereto in the Fishing Capacity Reduction Contract.\n\nReduction Plan  means a business plan prepared by the Subsector Members in accordance with Section 1 of the Capacity Reduction Agreement and forwarded to the Secretary for approval.\n\nReduction Privilege Vessel  means the vessel listed on the Offeror's License Limitation Program license.\n\nRejected Offer  means an Offer that has been through one or more Rankings and is not a Selected Offer following the latest Ranking Period, with respect to which the Offering Subsector Member's obligations have terminated pursuant to paragraphs (d)(2)(i) and (d)(6)(v) of this section.\n\nRejected Offeror  means a Subsector Member that has submitted an Offer which has been ranked and was not posted as a Selected Offer pursuant to paragraph (d)(6)(ii) of this section.\n\nRestricted Access Management  ( RAM ) means the Restricted Access Management Program in the Alaska Region, NMFS, located in Juneau, Alaska.\n\nSecretary  means the Secretary of Commerce or a designee.\n\nSelected Offer  shall have the meaning ascribed thereto in paragraph (d)(6)(iv) of this section.\n\nSelected Offeror  means a Subsector Member that has submitted an Offer which has been ranked and is posted as a Selected Offer pursuant to paragraph (d)(6)(ii) of this section.\n\nSelection Process  means the process set forth in paragraph (d) of this section for selecting the fishing capacity to be removed by the Reduction Plan.\n\nSubmission Period(s) or Submitting Period(s)  shall have the meaning ascribed thereto in paragraph (d)(3)(ii) of this section.\n\nSubsector Member(s)  means a member(s) of the Longline Subsector.\n\nWeb site  means the internet Web site developed and maintained on behalf of the FLCC for implementation of the Selection Process described herein with a URL address of  http://www.freezerlonglinecoop.org.\n\n(c)  Qualification and enrollment of subsector members \u2014(1)  Distribution.  A copy of the Reduction Agreement, Application Form, and Reduction Contract shall be mailed to each holder of record of an LLP License endorsed for BS or AI catcher processor activity, C/P, Pacific cod and hook and line gear, as the Auditor determines from the Database downloaded by the Auditor as of January 30, 2006, regardless of whether the LLP License is indicated in the Database as noninterim and transferable or otherwise.\n\n(2)  Application.  Any person, regardless of whether having received the mailing described in paragraph (c)(1) of this section, may as a Subsector Member apply to enroll with the FLCC to participate in the Reduction Program, by submitting all of the following documents:\n\n(i) Fully executed Reduction Agreement;\n\n(ii) Photocopy of the LLP License(s) evidencing Subsector Member's qualification as a member of the Longline Subsector;\n\n(iii) Unless applying as the holder of a Latent License, a photocopy of Federal Fisheries Permit for the vessel(s) designated on the LLP License(s) on the date the Reduction Agreement is signed by the Subsector Member;\n\n(iv) Unless applying as the holder of a Latent License, a photocopy of the Certificate of Documentation (COD) for the vessel(s) designated on the LLP License(s) on the date the Reduction Agreement is signed by the Subsector Member; and\n\n(v) An executed Application Form which sets forth whether the qualifying LLP License is a Latent License and identifies the individual(s) authorized to execute and deliver Offers and Offer Ranking Ballots on behalf of the Subsector Member.\n\n(3)  Examination by Auditor \u2014(i)  In general.  Each application must be submitted to the Auditor who will examine applications for completeness and inconsistencies, whether on the face of the documents or with the Database. Any application which is incomplete or which contains inconsistencies shall be invalid. The Auditor shall notify by e-mail or mail an applicant of the basis for the Auditor's finding an application invalid. An applicant may resubmit a revised application. If the application meets all requirements, the Auditor may accept the application as valid and enroll the applicant.\n\n(ii)  Interim LLP Licenses.  If an LLP License is interim and/or nontransferable, the applicant's enrollment shall be accepted as a Subsector Member and may fully participate in the Selection Process. However, any posting of an Offer submitted with respect to such LLP License shall note the status of such LLP License until that Subsector Member submits to the Auditor a letter from the RAM confirming that it is within the Subsector Member's control to cause the qualifying LLP License to be issued as noninterim and transferable upon withdrawal of all applicable appeals.\n\n(4)  Enrollment period.  Applications that meet all requirements will be accepted until the Selection Process is completed.\n\n(5)  Effective date.  The Effective Date of any Reduction Agreement shall be ten (10) calendar days after written notice is sent by the Auditor to each holder of record of an LLP License endorsed for BS or AI catcher processor activity, C/P, Pacific cod and hook and line gear (as determined by the Auditor from the Auditor's examination of the Database) advising that the number of Subsector Members that have delivered to the Auditor a complete Application, including a fully executed Reduction Agreement, exceeds seventy percent (70 percent) of the members of the Longline Subsector (as determined by the Auditor from the Auditor's examination of the Database).\n\n(6)  Notice.  All notices related to the effective date of the Reduction Agreement shall be sent by the Auditor via registered mail.\n\n(7)  Withdrawal.  A Subsector Member, unless such Subsector Member is a Current Offeror or Selected Offeror, may terminate the Reduction Agreement at any time with respect to that Subsector Member by giving ten (10) calendar days written notice to the Auditor preferably via e-mail. Withdrawal of a Subsector Member shall not affect the validity of the Reduction Agreement with respect to any other Subsector Members. Once effective, the Reduction Agreement shall continue in full force and effect regardless of whether subsequent withdrawals reduce the number of Subsector Members below that level required to effectuate the Reduction Agreement. Attempted withdrawal by a Current Offeror or Selected Offeror shall be invalid, and such Offer shall remain a binding, irrevocable Offer, unaffected by the attempted withdrawal.\n\n(d)  Selection of fishing capacity to be removed by Reduction Plan.  The fishing capacity removed by the Reduction Plan will be the Reduction Fishing Interests voluntarily offered through the Reduction Plan by offering Subsector Members and as selected by the Nonoffering Subsector Members, up to an aggregate amount of thirty six million dollars ($36,000,000) as set forth in this paragraph (d).\n\n(1)  Overview.  The Selection Process will begin upon the Effective Date of the Reduction Agreement. The Selection Process will alternate on a weekly basis between:\n\n(i) Submitting Periods, during which individual Subsector Members may submit Offers of fishing capacity they wish to include in the Reduction Plan; and\n\n(ii) Ranking Periods, during which Nonoffering Subsector Members will rank the submitted Offers.\n\n(2)  Offers \u2014(i)  Binding agreement.  An Offer from a Subsector Member shall be a binding, irrevocable offer from a Subsector Member to relinquish to NMFS the Reduction Fishing Interests for the price set forth on the Offer contingent on such Offer being a Selected Offer at the closing of the Selection Process. Once submitted, an Offer may not be revoked or withdrawn while that Offer is a Current Offer or Selected Offer. An Offer that is submitted by a Subsector Member, but is not a Selected Offer during the subsequent Ranking Period, shall be deemed to be terminated and the Subsector Member shall have no further obligation with respect to performance of that Offer.\n\n(ii)  Offer content.  All Offers submitted to the Auditor shall include the following information: LLP License number; LLP License number(s) of any linked crab LLP Licenses; license MLOA (MLOA\u2014maximum length overall of a vessel is defined at \u00a7 679.2 of this chapter); the license area, gear and species endorsements; a summary of the Pacific cod catch history for the calendar years 1995-2004; and the offered price. The Offer shall also state whether a vessel is currently designated on the LLP License and as such will be withdrawn from all fisheries if the Offer is selected for reduction in the Reduction Plan. If so, the Offer shall identify such vessel by name, official number, and current owner. In addition, the Offer shall provide a summary of the Pacific cod catch history for the calendar years 1995-2004 of the vessel to be retired from the fisheries. All summary catch histories included in Offers shall be calculated utilizing both the weekly production report and best blend methodology and shall separately state for each methodology the Pacific cod catch in metric tons and as a percentage of the overall catch for the longline catcher processor subsector on an annual basis for each of the required years. If the vessel stated to be withdrawn from the fisheries is not owned by the LLP License owner of record, the Offer shall be countersigned by the owner of record of the vessel. An Offer offering a Latent License shall state on the Offer Form that the offered LLP License is a Latent License. The Offer Form shall also include a comment section for any additional information that Offerors wish to provide to the Subsector Members concerning the Offer.\n\n(iii)  Prequalification of offers.  A Subsector Member may submit a Prequalification Offer to the Auditor at any time prior to the Opening Date. A Prequalification Offer shall contain all elements of an Offer, except that a price need not be provided. The Auditor shall notify the Subsector Member submitting a Prequalification Offer as to any deficiencies as soon as practicable. All details of a Prequalification Offer shall be kept confidential by the Auditor.\n\n(3)  Submitting an offer \u2014(i)  Offer submission.  Commencing on the first Tuesday following the Opening Date and during all Submission Periods until the Selection Process is closed, any Subsector Member may submit an Offer. All Offers are to be on the applicable form provided on the FLCC website, executed by an Authorized Party and submitted to the Auditor by facsimile. Any Subsector Member may submit an Offer during any Submission Period, even if that Subsector Member has not submitted an Offer in any previous Submission Period. If a Subsector Member holds more than one LLP License, such Subsector Member may, but is not required to, submit an Offer for each LLP License held during a Submission Period.\n\n(ii)  Submission periods.  The initial Submission Period shall commence at 9 a.m. (Pacific time) on the Tuesday following the Opening Date and end at 5 p.m. (Pacific time) on the Friday of that week. Subsequent Submission Periods shall commence at 9 a.m. (Pacific time) on the first Tuesday following the preceding Ranking Period and end at 5 p.m. (Pacific time) on the Friday of that week. All times set forth in the Reduction Agreement and used in the Offer process shall be the time kept in the Pacific time zone as calculated by the National Institute of Standards and Technology.\n\n(iii)  Validity of offer.  The Auditor shall examine each Offer for consistency with the Database and information contained in the enrollment documents. If there is an inconsistency in the information contained in the Offer, any of the elements required of an Offer pursuant to paragraph (d)(2)(ii) of this section are missing, or the Auditor does not receive the original Offer Form before the Offers are to be posted pursuant to paragraph (d)(4) of this section, the Auditor shall notify the offering Subsector Member by e-mail or mail that the Offer is nonconforming as soon as practicable after discovering the basis of invalidity. The Subsector Member may submit a revised, conforming Offer prior to the close of that Submission Period or, in any subsequent Submission Period. Only one Offer may be submitted with respect to an LLP License during a Submission Period. In the event a Subsector Member submits more than one Offer with respect to an LLP License during a Submission Period, the first conforming Offer received by the Auditor shall be binding and irrevocable and any subsequent Offers shall be deemed invalid.\n\n(iv)  Warranty.  By submitting an Offer, the Offering Subsector Member, warrants and represents that the Offering Subsector Member has read and understands the terms of the Reduction Agreement, the Offer, and the Reduction Contract and has had the opportunity to seek independent legal counsel regarding such documents and/or agreements and the consequences of submitting an Offer.\n\n(4)  Posting offers \u2014(i)  Current offers.  For each Offer received during a Submission Period, the Auditor shall post on the Website no later than 5 p.m. (Pacific time) on the following Tuesday all of the details of such Offer as set forth on the Offer Form. In addition, the Auditor shall post, as available to Auditor, a summary by year of up to ten (10) years catch history during the period 1995-2004 in total round weight equivalents and percentage of Longline Subsector ITAC harvested for any vessel that is included in the Offer. Subsector Member (or vessel owner, if other than the Subsector Member) expressly authorizes Auditor to release the catch history summary information previously prepared for that Subsector Member or vessel owner by the Auditor as part of the analysis of FLCC's membership's catch history previously conducted by the Auditor on behalf of the FLCC.\n\n(ii)  Posting order.  Offers shall be posted on the Website by the Auditor in alphabetical order of the Offering Subsector Member's name.\n\n(iii)  Questions as to offer.  The Auditor shall respond to no questions from Subsector Member regarding Offers except to confirm that the posting accurately reflects the details of the Offer. If an Offering Subsector Member notices an error in an Offer posting on the Website, such Subsector Member shall notify the Auditor as soon as practicable. The Auditor shall review such notice, the posting and the original Offer. If an error was made in posting the Auditor shall correct the posting as soon as practicable and notify the Subsector Members via e-mail or mail of the correction. In the event such an error is not discovered prior to Ranking, an Offering Subsector Member shall be bound to the terms of the submitted Offer, not the terms of the posted Offer.\n\n(iv)  Archive.  The Auditor shall maintain on the Website an archive of prior Offers posted, which shall be available for review by all Subsector Members.\n\n(5)  Ranking \u2014(i)  Eligibility.  Each Subsector Member that has not submitted an Offer during the preceding Submission Period, or whose vessel is not included as a withdrawing vessel in an Offer during the preceding Submission Period (i.e., a Nonoffering Subsector Member), may submit to the Auditor a Ranking Form during a Ranking Period. With respect to Ranking, a Subsector Member that holds more than one LLP License may participate in the Ranking process for each LLP License not included in an Offer.\n\n(ii)  Ranking period.  The initial Ranking Period shall commence immediately after the Offers from the preceding Submission Period have been posted and end at 5 p.m. (Pacific time) on the Friday of that week. Subsequent Ranking Periods shall commence immediately after the Offers from the preceding Submission Period have been posted and end at 5 p.m. (Pacific time) on the Friday of that week.\n\n(iii)  Ranking form.  Prior to each Ranking Period, the Auditor will post a Ranking Form on the Website in \u201cpdf\u201d file format. Each eligible Subsector Member wishing to rank the current Offers shall rank the Offers on the Ranking Form numerically in the Subsector Member's preferred order of purchase. The Offer that Subsector Member would most like to have accepted should be ranked number one (1), and subsequent Offers ranked sequentially until the Offer that the Subsector Member would least like to see accepted is ranked with the highest numerical score. A Subsector Member wishing to call for a Closing Vote shall, in lieu of ranking the Current Offers, mark the Ranking Form to accept the Selected Offers selected during the prior Ranking Period and close the Selection Process. To be valid, the Ranking Form must rank each Current Offer listed on the Ranking Form or, if applicable, be marked to call for a Closing Vote. Ranking Forms shall be submitted by sending a completed Ranking Form, signed by an Authorized Party, to the Auditor by facsimile or mail prior to the end of the Ranking Period. A Subsector Member is not required to rank the Offers during a Ranking Period or call for a Closing Vote.\n\n(iv)  Validity of subsector member ranking.  The Auditor shall examine each Ranking Form for completeness, whether the form either ranks the Offers or calls for a Closing Vote (but not both), and authorized signature. Any incomplete or otherwise noncompliant Ranking Form(s) shall be invalid, and shall not be included in the Rankings of the Current Offers. The Auditor shall notify the Subsector Member of the reason for declaring any Ranking Form invalid as soon as practicable. A Subsector Member may cure the submission of an invalid Ranking Form by submitting a complying Ranking Form if accomplished before the end of the applicable Ranking Period.\n\n(6)  Ranking results \u2014(i)  Compiling the rankings.  Unless two-thirds (\n 2/3 ) of the Nonoffering Subsector Members have called for a Closing Vote, the Auditor shall compile the results of the Ranking Forms by assigning one point for each position on a Ranking Form. That is, the Offer ranked number one (1) on a Ranking Form shall be awarded one (1) point, the Offer ranked two (2) shall receive two (2) points, and continuing on in this manner until all Offers have been assigned points correlating to its ranking on each valid Ranking Form. The Offer with the least number of total points assigned shall be the highest ranked Offer, and the Offer with the greatest total points assigned shall be the lowest ranked Offer.\n\n(ii)  Posting rankings.  The Auditor shall post the results of the compilation of the Ranking Forms on the Website in alphabetical order based on the Offering Subsector Member's name no later than 5 p.m. (Pacific time) on the Monday following the Ranking Period. The Auditor shall post the highest consecutive ranking Offers that total thirty six million dollars ($36,000,000) or less. Those Offering Subsector Members whose Offers are posted shall be deemed Selected Offerors and their Offers shall be deemed Selected Offers. Those Offering Subsector Members whose Offers are not posted shall be deemed Rejected Offerors.\n\n(iii)  Selected offer information or confidentiality.  The Auditor shall post the name of the Offering Subsector Member, the amount of the Offer, and a summary of the total number of Ranking Forms received and the number of such forms on which the Members called for a Closing Vote. Other than the foregoing, the Auditor shall not post any details of the compilation of the Ranking Forms.\n\n(iv)  Selected offerors.  Selected Offerors may not withdraw their Offers unless in subsequent rankings their Offers no longer are within the highest ranking Offers and they become Rejected Offerors. A Selected Offeror may, however, modify a Selected Offer solely to the extent such modification consists of a reduction in the Offer price. A Selected Offeror may submit a modified Offer to the Auditor during the next Offering Period as set forth in paragraph (d)(3) of this section. Unless a Selected Offeror becomes a Rejected Offeror in a subsequent Ranking, a Selected Offeror shall be bound by the terms of the lowest Selected Offer submitted as if such modified Offer had been the original Selected Offer. In the event a Selected Offeror submits a modified Offer and such Offer is not ranked because sufficient votes are received to call for a Closing Vote, the previously Selected Offer shall remain the Selected Offer.\n\n(v)  Rejected offerors.  The Offer of a Rejected Offeror is terminated and the Rejected Offeror is no longer bound by the terms of its Offer. A Rejected Offeror may, at its sole discretion, resubmit the same Offer, submit a revised Offer, or elect not to submit an Offer during any subsequent Submission Period until the Selection Process is closed.\n\n(vi)  Ties.  In the event there is a tie with respect to Offers which results in the tied Offers exceeding thirty-six million dollars ($36,000,000), the tied Offers and all Offers ranked lower than the tied Offers shall be deemed to be rejected and the Rejected Offerors may, at their option, submit an Offer in a subsequent Submission Period.\n\n(vii)  Archive.  Auditor shall maintain on the Website an archive of prior Offer Rankings as posted over the course of the Selection Process, which shall be available for Subsector Member review.\n\n(7)  Closing.  The Selection Process will close when two-thirds (\n 2/3 ) or more of the Nonoffering Subsector Members of the Longline Subsector, as determined by the Auditor, affirmatively vote to accept the Selected Offerors selected during the prior Ranking Period as part of the Reduction Plan to be submitted to the Secretary.\n\n(i)  Call for vote.  A Closing Vote will be held when: at least two-thirds (\n 2/3 ) of the Nonoffering Subsector Members submit Ranking Forms electing to accept the Selected Offerors and close the Selection Process in lieu of Ranking the current Offers; and there are no unresolved Protests or Arbitrations. The Auditor shall notify all Subsector Members by e-mail or mail and posting a notice on the Website as soon as practicable that a Closing Vote is to be held. Such notice shall state the starting and ending dates and times of the voting period, which shall be not less than three (3) nor more than seven (7) calendar days from the date of such notice. A voting period shall commence at 9 a.m. (Pacific time) on Monday and end at 5 p.m. on the Friday of that week.\n\n(ii)  Voting.  No less than three (3) calendar days prior to the voting period, the Auditor will post a Closing Ballot on the Website in \u201cpdf\u201d file format. Each eligible Nonoffering Subsector Member wishing to vote shall print out the Closing Ballot, and, with respect to each of the currently Selected Offers on the Closing Ballot, vote either in favor of or opposed to accepting that Selected Offer and submit a completed and signed Closing Ballot to the Auditor preferably by facsimile prior to the end of the Voting Period.\n\n(iii)  Ballot verification.  The Auditor shall examine each submitted Closing Ballot for completeness and authorized signature. Any incomplete Closing Ballot shall be void, and shall not be included in the voting results. The Auditor shall not notify the Subsector Member of an invalid Closing Ballot.\n\n(iv)  Voting results.  The Auditor shall post the results of the Vote as soon as practicable after voting closes. Each Offer on the Closing Ballot that receives votes approving acceptance of such Offer from two-thirds (\n 2/3 ) or more of the total number of Nonoffering Subsector Members shall be a Selected Offeror and shall be the basis for the Reduction Plan submitted to NMFS. Any Offer on the Closing Ballot that does not receive such two-thirds (\n 2/3 ) approval shall be rejected and shall not be included among the Offers included among the Reduction Plan submitted to NMFS.\n\n(v)  Notification to NMFS.  Upon closing of the Selection Process, FLCC shall notify NMFS in writing of the identities of the Selected Offerors and provide to NMFS a completed and fully executed original Reduction Agreement from each of the Selected Offerors and a certified copy of the fully executed Reduction Agreement and Reduction Contract.\n\n(e)  Submission of reduction plan, including repayment.  Upon completion of the offering process, the FLCC on behalf of the Subsector Members shall submit to NMFS the Reduction Plan which shall include the provisions set forth in this paragraph (e).\n\n(1)  Capacity reduction.  The Reduction Plan shall identify as the proposed capacity reduction, without auction process, the LLP Licenses as well as the vessels and the catch histories related to the LLP Licenses, linked crab LLP Licenses, and any other fishing rights or other interests associated with the LLP Licenses and vessels included in the Selected Offers. The aggregate of all Reduction Agreements and Reduction Contracts signed by Subsector Members whose offers to participate in this buyback were accepted by votes of the Subsector Members, will together with the FLCC's supporting documents and rationale for recognizing that these offers represent the expenditure of the least money for the greatest capacity reduction, constitute the Reduction Plan to be submitted to NMFS for approval on behalf of the Secretary of Commerce.\n\n(2)  Loan repayment \u2014(i)  Term.  As authorized by Section 219(B)(2) of the Act, the capacity reduction loan (the \u201cReduction Loan\u201d) shall be amortized over a thirty (30) year term. The Reduction Loan's original principal amount may not exceed thirty-six million dollars ($36,000,000), but may be less if the reduction cost is less. Subsector Members acknowledge that in the event payments made under the Reduction Plan are insufficient to repay the actual loan, the term of repayment shall be extended by NMFS until the loan is paid in full.\n\n(ii)  Interest.  The Reduction Loan's interest rate will be the U.S. Treasury's cost of borrowing equivalent maturity funds plus 2 percent. NMFS will determine the Reduction Loan's initial interest rate when NMFS borrows from the U.S. Treasury the funds with which to disburse reduction payments. The initial interest rate will change to a final interest rate at the end of the Federal fiscal year in which NMFS borrows the funds from the U.S. Treasury. The final interest rate will be 2 percent plus a weighted average, throughout that fiscal year, of the U.S. Treasury's cost of borrowing equivalent maturity funds. The final interest rate will be fixed, and will not vary over the remainder of the reduction loan's 30-year term. The Reduction loan will be subject to a level debt amortization. There is no prepayment penalty.\n\n(iii)  Fees.  The Reduction Loan shall be repaid by fees collected from the Longline Subsector. The fee amount will be based upon: The principal and interest due over the next twelve months divided by the product of the Hook & Line, Catcher Processor (Longline Subsector; sometimes referred to as the \u201cH&LCP Subsector\u201d) portion of the BSAI Pacific cod ITAC (in metric tons) set by the North Pacific Fishery Management Council (NPFMC) in December of each year multiplied by 2,205 (i.e., the number of pounds in a metric ton). In the event that the Longline Subsector portion for the ensuing year is not available, the Longline Subsector portion forecast from the preceding year will be used to calculate the fee.\n\n(A) The fee will be expressed in cents per pound rounded up to the next one-tenth of a cent. For example: If the principal and interest due equal $2,900,000 and the Longline Subsector portion equals 100,000 metric tons, then the fee per round weight pound of Pacific cod will equal 1.4 cents per pound. [2,900,000 /(100,000 \u00d7 2,205) = .01315]. The fee will be accessed and collected on Pacific cod to the extent possible and if not, will be accessed and collected as provided for in this paragraph (e).\n\n(B) Fees must be accessed and collected on Pacific cod used for bait or discarded. Although the fee could be up to 5 percent of the ex-vessel production value of all post-reduction Longline Subsector landings, the fee will be less than 5 percent if NMFS projects that a lesser rate can amortize the fishery's reduction loan over the reduction loan's 30-year term. In the event that the total principal and interest due exceeds 5 percent of the ex-vessel Pacific cod revenues, a penny per pound round weight fee will be calculated based on the latest available revenue records and NMFS conversion factors for pollock, arrowtooth flounder, Greenland turbot, skate, yellowfin sole and rock sole.\n\n(C) The additional fee will be limited to the amount necessary to amortize the remaining twelve months principal and interest in addition to the 5 percent fee accessed against Pacific cod. The additional fee will be a minimum of one cent per pound. In the event that collections exceed the total principal and interest needed to amortize the payment due, the principal balance of the loan will be reduced. To verify that the fees collected do not exceed 5 percent of the fishery revenues, the annual total of principal and interest due will be compared to the latest available annual Longline Subsector revenues to ensure it is equal to or less than 5 percent of the total ex-vessel production revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or for any other reason NMFS believes the calculation must be postponed, the fee will remain at the previous year's amount until such a time that new calculations are made and communicated to the post reduction fishery participants.\n\n(D) It is possible that the fishery may not open during some years and no Longline Subsector portion of the ITAC is granted. Consequently, the fishery will not produce fee revenue with which to service the reduction loan during those years. However, interest will continue to accrue on the principal balance. When this happens, if the fee rate is not already at the maximum 5 percent, NMFS will increase the fisheries' fee rate to the maximum 5 percent of the revenues for Pacific cod and the species mentioned in paragraph (e)(2)(iii)(B), apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until all principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate.\n\n(iv)  Reduction loan.  NMFS has promulgated framework regulations generally applicable to all fishing capacity reduction programs (\u00a7 600.1000  et seq. ). The reduction loan shall be subject to the provisions of \u00a7 600.1012, except that: the borrower's obligation to repay the reduction loan shall be discharged by the owner of the Longline Subsector license regardless of which vessel catches fish under this license and regardless of who processes the fish in the reduction fishery in accordance with \u00a7 600.1013. Longline Subsector license owners in the reduction fishery shall be obligated to collect the fee in accordance with \u00a7 600.1013.\n\n(v)  Collection.  The LLP License holder of the vessel harvesting in the post-capacity reduction plan Longline Subsector shall be responsible for self-collecting the repayment fees owed by that LLP License holder. Fees shall be submitted to NMFS monthly and shall be due no later than fifteen (15) calendar days following the end of each calendar month.\n\n(vi)  Record keeping and Reporting.  The holder of the LLP License on which a vessel harvesting in the post-capacity reduction plan Longline Subsector is designated shall be responsible for compliance with the applicable record keeping and reporting requirements.\n\n(3)  Agreement with Secretary.  Each Selected Offeror, and vessel owner if not the Subsector Member, that has submitted a Selected Offer shall complete and deliver to the FLCC for inclusion in the Reduction Plan submitted to NMFS, designee for the Secretary, a completed and fully executed Reduction Contract. Any and all LLP License(s) and or vessels set forth on a Selected Offer shall be included as Reduction Fishing Interests in such Reduction Contract.\n\n(f)  Decisions of the Auditor and the FLCC.  Time is of the essence in developing and implementing a Reduction Plan and, accordingly, the Offerors shall be limited to, and bound by, the decisions of the Auditor and the FLCC.\n\n(1) The Auditor's examination of submitted applications, Offers, Prequalification Offers and Rankings shall be solely ministerial in nature. That is, the Auditor will verify whether the documents submitted by Subsector Members are, on their face, consistent with each other and the Database, in compliance with the requirements set forth in the Reduction Agreement, and, signed by an Authorized Party. The Auditor may presume the validity of all signatures on documents submitted. The Auditor shall not make substantive decisions as to compliance (e.g., whether an interim LLP License satisfies the requirements of the Act, or whether a discrepancy in the name appearing on LLP Licenses and other documents is material).\n\n(2) [Reserved]\n\n(g)  Enforcement/specific performance.  The parties to the Reduction Agreement have agreed that the opportunity to develop and submit a capacity reduction program for the Longline Subsector under the terms of the Act is both unique and finite and that failure of a Selected Offeror, and vessel owner, if not a Subsector Member, to perform the obligations provided by the Reduction Agreement will result in irreparable damage to the FLCC, the Subsector Members and other Selected Offerors. Accordingly, the parties to the Reduction Agreement expressly acknowledge that money damages are an inadequate means of redress and agree that upon the failure of the Selected Offeror, and vessel owner if not a Subsector Member, to fulfill its obligations under the Reduction Agreement that specific performance of those obligations may be obtained by suit in equity brought by the FLCC in any court of competent jurisdiction without obligation to arbitrate such action.\n\n(h)  Miscellaneous \u2014(1)  Time/Holidays.  All times related to the Selection Process shall be the time kept in the Pacific time zone as calculated by the National Institute of Standards and Technology. In the event that any date occurring within the Selection Process is a Federal holiday, the date shall roll over to the next occurring business day.\n\n(2)  Termination.  The Reduction Agreement shall automatically terminate if no vote of acceptance is completed by December 31, 2007. The Reduction Agreement may be terminated at any time prior to approval of the Reduction Plan by NMFS, on behalf of the Secretary, by written notice from 50 percent of Subsector Members.\n\n(3)  Choice of law/venue.  The Reduction Agreement shall be construed and enforced in accordance with the laws of the State of Washington without regard to its choice of law provisions. The parties submit to the exclusive personal jurisdiction of the United States District Court located in Seattle, Washington, with respect to any litigation arising out of or relating to the Reduction Agreement or out of the performance of services hereunder.\n\n(4)  Incorporation.  All executed counterparts of the Reduction Agreement, Application Forms and Offers constitute the agreement between the parties with respect to the subject matter of the Reduction Agreement and are incorporated into the Reduction Agreement as if fully written.\n\n(5)  Counterparts.  The Reduction Agreement may be executed in multiple counterparts and will be effective as to signatories on the Effective Date. The Reduction Agreement may be executed in duplicate originals, each of which shall be deemed to be an original instrument. All such counterparts and duplicate originals together shall constitute the same agreement, whether or not all parties execute each counterpart.\n\n(i) The facsimile signature of any party to the Reduction Agreement shall constitute the duly authorized, irrevocable execution and delivery of the Reduction Agreement as fully as if the Reduction Agreement contained the original ink signatures of the party or parties supplying a facsimile signature.\n\n(ii) [Reserved]\n\n(i)  Amendment.  Subsector Member acknowledges that the Reduction Agreement, the Reduction Contract, and the Reduction Plan may be subject to amendment to conform to the requirements for approval of the Reduction Plan by NMFS on behalf of the Secretary. The Auditor shall distribute to each Subsector Member in electronic format the amended form of the Reduction Agreement, the Reduction Contract, and the Reduction Plan, which amended documents in the form distributed by the Auditor and identified by the Auditor by date and version, the version of each such document then in effect at the time of any dispute arising or action taken shall be deemed binding upon the parties with respect to such dispute and/or action.\n\n(j)  Warranties.  Subsector Member must expressly warrant and represent in the Reduction Agreement that:\n\n(1) Subsector Member has had an opportunity to consult with Subsector Member's attorney or other advisors of Subsector Member with respect to the Reduction Agreement, the Reduction Contract, and the Act and the ramifications of the ratification of the Reduction Plan contemplated therein;\n\n(2) Subsector Member has full understanding and appreciation of the ramifications of executing and delivering the Reduction Agreement and, free from coercion of any kind by the FLCC or any of its members, officers, agents and/or employees, executes and delivers the Reduction Agreement as the free and voluntary act of Subsector Member;\n\n(3) The execution and delivery of the Reduction Agreement, does not and will not conflict with any provisions of the governing documents of Subsector Member;\n\n(4) The person executing the Reduction Agreement has been duly authorized by Subsector Member to execute and deliver the Reduction Agreement and to undertake and perform the actions contemplated herein; and\n\n(5) Subsector Member has taken all actions necessary for the Reduction Agreement to constitute the valid and binding obligation of Subsector Member, enforceable in accordance with its terms.\n\n(k)  Approval of the reduction plan.  Acceptance of the Offers are at the sole discretion of NMFS on behalf of the Secretary of Commerce. To be approved by NMFS, on behalf of the Secretary, any Reduction Plan developed and submitted in accordance with this section and subpart M to this part must be found by the Assistant Administrator of NMFS, to:\n\n(1) Be consistent with the requirements of Section 219(e) of the FY 2005 Appropriations Act (Public Law 108-447);\n\n(2) Be consistent with the requirements of Section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)) except for the requirement that a Council or Governor of a State request such a program (as set out in section 312(b)(1)) and for the requirements of section 312(b)(4);\n\n(3) Contain provisions for a fee system that provides for full and timely repayment of the capacity reduction loan by the Longline Subsector and that it provide for the assessment of such fees;\n\n(4) Not require a bidding or auction process;\n\n(5) Result in the maximum sustained reduction in fishing capacity at the least cost and in the minimum amount of time; and\n\n(6) Permit vessels in the Longline Subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation.\n\n(l)  Referenda.  The provisions of \u00a7 600.1010 (including \u00a7\u00a7 600.1004(a), 600.1008, 600.1009, 600.1013, 600.1014, and 600.1017(a)(5), (6) and (7)) shall apply to the Reduction Plan of this section to the extent that they do not conflict with this section or with subpart M of this part.\n\nAppendix to \u00a7 600.1105\u2014Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands Longline Catcher Processor Subsector\n \n Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands Longline Catcher Processor Subsector\n \n This agreement, (the \u201cReduction Contract\u201d) is entered into by and between the party or parties named in section 46 of this contract entitled, \u201cFishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification,\u201d as the qualifying Offeror and as the co-Offeror (if there is a co-Offeror) (collectively the \u201cOfferor\u201d) and the United States of America, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division (\u201cNMFS\u201d). The Reduction Contract is effective when NMFS signs the Reduction Contract and, thereby, accepts the Offeror's offer, subject to the condition subsequent of NMFS' formal notification of a successful referendum.\n \n Witnesseth\n \n Whereas, Section 219, Title II, Division B of the Consolidated Appropriations Act, 2005, as enacted on December 8, 2004, (the \u201cAct\u201d) authorizes a fishing capacity reduction program implementing capacity reduction plans submitted to NMFS by catcher processor subsectors of the Bering Sea and Aleutian Islands (\u201cBSAI\u201d) non-pollock groundfish fishery as set forth in the Act;\n \n Whereas, the longline catcher processor subsector (the \u201cLongline Subsector\u201d) is among the catcher processor subsectors eligible to submit to NMFS a capacity reduction plan under the terms of the Act;\n \n Whereas, the Freezer Longline Conservation Cooperative (the \u201cFLCC\u201d) has developed and is submitting to NMFS concurrently with this Reduction Contract a capacity reduction plan for the Longline Subsector (the \u201cReduction Plan\u201d);\n \n Whereas, the selection process will be pursuant to the fishing capacity Reduction Contract and the Reduction Plan;\n \n Whereas, the term \u201cReduction Fishery\u201d is defined by the Reduction Plan as the longline catcher processor subsector of the BSAI non-pollock groundfish fishery;\n \n Whereas, the Reduction Plan's express objective is to permanently reduce harvesting capacity in the Reduction Fishery; Whereas, NMFS implements the Reduction Plan pursuant to Section 219 of the Act as well as the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)-(e))(as excepted by the Act, including inter alia, any requirement that the Reduction Plan include a bidding or auction process) and other applicable law;\n \n Whereas, NMFS has promulgated framework regulations generally applicable to all fishing capacity reduction programs, portions of which are applicable to the Reduction Plan, (50 CFR 600.1000  et seq. );\n \n Whereas, NMFS can implement the Reduction Plan only after giving notice to all members of the Longline Subsector of the Reduction Plan pursuant to Section 219(3)(b) of the Act and approval of the Reduction Plan by referendum of the Longline Subsector; and\n \n Whereas, this Reduction Contract is submitted by Offeror and the FLCC as an integral element of the Reduction Plan and is expressly subject to the terms and conditions set forth herein, the framework regulations, the final rule (as used in this contract \u201cfinal rule\u201d means the final rule promulgated by NMFS which sets forth the regulations implementing the Reduction Plan for the Longline Subsector) and applicable law.\n \n Now therefore, for good and valuable consideration and the premises and covenants hereinafter set forth the receipt and sufficiency of which the parties to the Reduction Contract hereby acknowledge, and intending to be legally bound hereby, the parties hereto agree as follows:\n \n 1.  Incorporation of Recitals.  The foregoing recitals are true and correct and are expressly incorporated herein by this reference.\n \n 2.  Further Incorporation.  The Act, framework regulations, final rule and any other rule promulgated pursuant to the Act are expressly incorporated herein by this reference. In the event of conflicting language, the framework regulations, the final rule and any other rule promulgated pursuant to the Act, take precedence over the Reduction Contract.\n \n 3.  Contract Form.  By completing and submitting the Reduction Contract to NMFS the Offeror hereby irrevocably offers to relinquish its Reduction Fishing Interests. If NMFS discovers any deficiencies in the Offeror's submission to NMFS, NMFS may, at its sole discretion, contact the Offeror in an attempt to correct such offer deficiency. \u201cReduction Fishing Interests\u201d means all of Offeror(s) rights, title and interest to the Groundfish Reduction Permit, Reduction Permit(s), Reduction Fishing Privilege and Reduction Fishing History as defined in this Reduction Contract.\n \n 4.  Groundfish Reduction Permit.  Offeror expressly acknowledges that it hereby offers to permanently surrender, relinquish, and have NMFS permanently revoke the valid non-interim Federal License Limitation Program groundfish license issued pursuant to 50 CFR 679.4(k) (or successor regulation) endorsed for Bering Sea or Aleutian Islands catcher processor fishing activity, C/P, Pacific cod, and hook and line gear identified in section 46 of this contract as well as any present or future claims of eligibility for any fishery privilege based upon such permit, including any Latent License and any offered and accepted interim permit that Offeror causes to become a non-interim permit, (the \u201cGroundfish Reduction Permit\u201d).\n \n 5.  Reduction Permit(s).  Offeror hereby acknowledges that it offers to permanently surrender, relinquish, and have NMFS permanently revoke any and all Federal fishery licenses, fishery permits, and area and species endorsements issued for any vessel named on the Groundfish Reduction Permit as well as any present or future claims of eligibility for any fishery privilege based upon such permit, including any Latent License, (the \u201cReduction Permits\u201d).\n \n 6.  Reduction Privilege Vessel.  The Reduction Privilege Vessel is the vessel listed on the Offeror's License Limitation Program license.\n \n 7.  Reduction Fishing Privilege.  If a vessel is specified in section 46 of this contract (the \u201cReduction Privilege Vessel\u201d), Offeror hereby acknowledges that Offeror offers to relinquish and surrender the Reduction Privilege Vessel's fishing privilege and consents to the imposition of Federal vessel documentation restrictions that have the effect of permanently revoking the Reduction Privilege Vessel's legal ability to fish anywhere in the world as well as its legal ability to operate under foreign registry or control\u2014including the Reduction Privilege Vessel's: fisheries trade endorsement under the Commercial Fishing Industry Vessel Anti-Reflagging Act (46 U.S.C. 12108); eligibility for the approval required under section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)), for the placement of a vessel under foreign flag or registry, as well as its operation under the authority of a foreign country; and the privilege otherwise to ever fish again anywhere in the world (the \u201cReduction Fishing Privilege\u201d). Offeror agrees to instruct the United States Coast Guard's Vessel Documentation Center to remove the fishery endorsement from the Reduction Privilege Vessel. If the Reduction Privilege Vessel is not a federally documented vessel, the Offeror offers to promptly scrap the vessel and allow NMFS whatever access to the scrapping NMFS deems reasonably necessary to document and confirm the scrapping.\n \n 8.  Reduction Fishing History.  Offeror surrenders, relinquishes, and consents to NMFS' permanent revocation of the following Reduction Fishing History (the \u201cReduction Fishing History\u201d):\n \n a. The Reduction Privilege Vessel's full and complete documented harvest of groundfish;\n \n b. For any documented harvest of the Reduction Privilege Vessel whatsoever, including that specified in section 8 of this contract, any right or privilege to make any claim in any way related to any fishery privilege derived in whole or in part from any such other and documented harvest which could ever qualify any party for any future limited access system fishing license, permit, and other harvest authorization of any kind; including without limitation crab LLP licenses linked to License Limitation Program (\u201cLLP\u201d) licenses, state fishing rights appurtenant to Reduction Fishing Vessels, and all fishing history associated therewith, but without prejudice to any party who before submission of this offer may have for value independently acquired the fishing history involving any such documented harvest;\n \n c. Any documented harvest on any other vessel (Reduction Fishing Vessel) that gave rise to the Groundfish Reduction Permit; and\n \n d. All fishing history associated with the latent LLP license identified on the Selected Offer and any fishing history associated with the fishing vessel that gave rise to the latent LLP license that remains in the Offeror's possession as of August 11, 2006 ( i.e. , date of publication of the proposed rule in the  Federal Register ).\n \n 9.  Halibut, Sablefish and Crab IFQs Excluded.  Notwithstanding any other provision of this Reduction Contract, no right, title and/or interest to harvest, process or otherwise utilize individual fishing quota (\u201cIFQ\u201d) quota share in the halibut, sablefish and crab fisheries pursuant to 50 CFR parts 679 and 680, nor crab LLP license history to the extent necessary for the issuance of crab IFQ pursuant to 50 CFR part 680 as in effect as of the date of this Contract, shall be included among Offeror's Reduction Fishing Interests.\n \n 10.  Representations and Warranties.  Offeror represents and warrants that, as of the date of submission of this Reduction Contract, Offeror is:\n \n a. The holder of record, according to NMFS' official fishing license records, at the time of offer, of the Groundfish Reduction Permit and the Reduction Permit(s).\n \n b. The Reduction Privilege Vessel's owner of record, according to the National Vessel Documentation Center's official vessel documentation records, at the time of offer, and that the Reduction Privilege Vessel is neither lost nor destroyed at the time of offer.\n \n c. In retention of and fully and legally entitled to offer and dispose of hereunder, full and complete rights to the Reduction Privilege Vessel's full and complete Reduction Fishing History necessary to fully and completely comply with the requirements of section 8 of this contract.\n \n 11.  Offer Amount.  NMFS' payment to Offeror in the exact amount of the amount set forth by Offeror in section 46 of this contract is full and complete consideration for the Offeror's offer.\n \n 12.  Additional Offer Elements.  Offeror shall include with its offer an exact photocopy of the Reduction Privilege Vessel's official vessel documentation or registration (i.e., the certificate of documentation the U.S. Coast Guard's National Vessel Documentation Center issued for federally documented vessels or the registration a State issues for State registered vessels) and an exact photocopy of the Groundfish Reduction Permit and all Reduction Permit(s). The Offeror shall also include with the offer all other information required in this Reduction Contract and otherwise comply with Reduction Contract requirements.\n \n 13.  Use of Official Fishing License or Permit Databases.  Offeror expressly acknowledges that NMFS shall use the appropriate official governmental fishing license or permit database to:\n \n Determine the Offeror's address of record; verify the Offeror's qualification to offer; determine the holder of record of the Groundfish Reduction Permit and Reduction Permit(s); and verify the Offeror's inclusion in the offer of all permits and licenses required to be offered in the Offer.\n \n 14.  Use of National Vessel Documentation Center Database.  Offeror expressly acknowledges that NMFS shall use the records of the National Vessel Documentation Center to determine the owner of record for a federally documented Reduction Privilege Vessel and the appropriate State records to determine the owner of record of a non-federally documented Reduction Privilege Vessel.\n \n 15.  Offeror to Ensure Accurate Records.  Offeror shall, to the best of its ability, ensure that the records of the databases relevant to sections 13 and 14 of this contract are true, accurate, and complete.\n \n 16.  Submissions are Irrevocable.  The parties hereto expressly acknowledge as the essence hereof that the Offeror voluntarily submits to NMFS this firm and irrevocable offer. The Offeror expressly acknowledges that it hereby waives any privilege or right to withdraw, change, modify, alter, rescind, or cancel any portion of the Reduction Contract and that the receipt date and time which NMFS marks on the Reduction Contract constitutes the date and time of the offer's submission.\n \n 17.  Offer Rejection.  NMFS shall reject an offer that NMFS deems is in any way unresponsive or not in conformance with the Reduction Contract, and the applicable law or regulations unless the Offeror corrects the defect and NMFS, in its sole discretion, accepts the correction.\n \n 18.  Notarized Offeror Signature(s) Required.  NMFS shall deem as non-responsive and reject an offer whose Offer Submission Form does not contain the notarized signatures of all persons required to sign the form on behalf of the Offeror.\n \n 19.  Offer Rejections Constitute Final Agency Action.  NMFS's offer rejections are conclusive and constitute final agency action as of the rejection date.\n \n 20.  Effect of Offer Submission.  Submitting an irrevocable offer conforming to the requirements stated herein entitles the Offeror to have NMFS accept the offer if NMFS, in its sole discretion, deems that the offer is fully responsive and complies with the Act, the final rule and any other rule promulgated pursuant to the Act. \n \n 21.  Offeror Retains Use.  After submitting an offer, the Offeror shall continue to hold, own, or retain unimpaired every aspect of any and all LLP License(s) and or vessels set forth on an Offer included as Reduction Fishing Interests, until such time as: NMFS notifies the Offeror that the Reduction Plan is not in compliance with the Act or other applicable law and will not be approved by NMFS; notifies the Offeror that the referendum was unsuccessful; NMFS tenders the reduction payment and the Offeror complies with its obligations under the Reduction Contract; or NMFS otherwise excuses the Offeror's performance.\n \n 22.  Acceptance by Referendum.  NMFS shall formally notify the Offeror in writing whether the referendum is successful, which written notice shall inform Offeror that the condition subsequent has been satisfied. Therefore, Offeror expressly acknowledges that all parties must perform under the Reduction Contract and the Reduction Contract is enforceable against, and binding on, the Reduction Contract parties in accordance with the terms and conditions herein.\n \n 23.  Reduction Contract Subject to Federal Law.  The Reduction Contract is subject to Federal law.\n \n 24.  Notice to Creditors.  Upon NMFS' offer acceptance notice to the Offeror, Offeror agrees to notify all parties with secured interests in the Reduction Fishing Interests that the Offeror has entered into the Reduction Contract.\n \n 25.  Referendum.  Offeror acknowledges that the outcome of the referendum of the Reduction Plan is an occurrence over which NMFS has no control.\n \n 26.  Unsuccessful Referendum Excuses Performance.  An unsuccessful referendum excuses all parties hereto from every obligation to perform under the Reduction Contract. In such event, NMFS need not tender reduction payment and the Offeror need not surrender and relinquish or allow the revocation or restriction of any element of the Reduction Fishing Interest specified in the Reduction Contract. An unsuccessful referendum shall cause the Reduction Contract to have no further force or effect.\n \n 27.  Offeror Responsibilities upon Successful Referendum.  Upon NMFS' formal notification to the Offeror that the referendum was successful and that NMFS had accepted the Reduction Contract, Offeror shall immediately become ready to surrender and relinquish and allow the revocation or restriction of (as NMFS deems appropriate) the Reduction Fishing Interests.\n \n 28.  Written Payment Instructions.  After a successful referendum, NMFS shall tender reduction payment by requesting the Offeror to provide to NMFS, and the Offeror shall subsequently so provide, written payment instructions for NMFS' disbursement of the reduction payment to the Offeror or to the Offeror's order.\n \n 29.  Request for Written Payment Instructions Constitutes Tender.  NMFS' request to the Offeror for written payment instructions constitutes reduction payment tender, as specified in 50 CFR 600.1011.\n \n 30.  Offeror Responsibilities upon Tender.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall immediately surrender and relinquish and allow the revocation or restriction of (as NMFS deems appropriate) the Reduction Fishing Interests. The Offeror must then return the original of its Groundfish Reduction Permit and Reduction Permit(s) to NMFS. Concurrently with NMFS' reduction payment tender, the Offeror shall forever cease all fishing for any species with the Reduction Privilege Vessel and immediately retrieve all fishing gear, irrespective of ownership, previously deployed from the Reduction Privilege Vessel. Offeror agrees to authorize the United States Coast Guard to cancel the fishery endorsement in the Reduction Privilege Vessel.\n \n 31.  Reduction Privilege Vessel Lacking Federal Documentation.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall immediately scrap any vessel which the Offeror specified as a Reduction Privilege Vessel and which is documented solely under state law or otherwise lacks documentation under Federal law. The Offeror shall scrap such vessel at the Offeror's expense. The Offeror shall allow NMFS, its agents, or its appointees reasonable opportunity to observe and confirm such scrapping. The Offeror shall conclude such scrapping within a reasonable time.\n \n 32.  Future Harvest Privilege and Reduction Fishing History Extinguished.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall surrender and relinquish and consent to the revocation, restriction, withdrawal, invalidation, or extinguishment by other means (as NMFS deems appropriate), of any claim in any way related to any fishing privilege derived, in whole or in part, from the use or holdership of the Groundfish Reduction Permits and the Reduction Permit(s), from the use or ownership of the Reduction Privilege Vessel (subject to and in accordance with the provisions of section 8 of this contract), and from any documented harvest fishing history arising under or associated with the same which could ever qualify the Offeror for any future limited access fishing license, fishing permit, and other harvest authorization of any kind.\n \n 33.  Post Tender Use of Federally Documented Reduction Privilege Vessel.  After NMFS' reduction payment tender to the Offeror, the Offeror may continue to use a federally documented Reduction Privilege Vessel for any lawful purpose except \u201cfishing\u201d as defined under the Magnuson-Stevens Act and may transfer\u2014subject to all restrictions in the Reduction Contract, other applicable regulations, and the applicable law\u2014the vessel to a new owner. The Offeror or any subsequent owner shall only operate the Reduction Privilege Vessel under the United States flag and shall not operate such vessel under the authority of a foreign country. In the event the Offeror fails to abide by such restrictions, the Offeror expressly acknowledges and hereby agrees to allow NMFS to pursue any and all remedies available to it, including, but not limited to, recovering the reduction payment and seizing the Reduction Privilege Vessel and scrapping it at the Offeror's expense.\n \n 34.  NMFS' Actions upon Tender.  Contemporaneously with NMFS' reduction payment tender to the Offeror, and without regard to the Offeror's refusal or failure to perform any of its Reduction Contract duties and obligations, NMFS shall: Permanently revoke the Offeror's Groundfish Reduction Permit and Reduction Permit(s); notify the National Vessel Documentation Center to permanently revoke the Reduction Privilege Vessel's fishery trade endorsement; notify the U.S. Maritime Administration to make the Reduction Privilege Vessel permanently ineligible for the approval of requests to place the vessel under foreign registry or operate the vessel under a foreign country's authority; record in the appropriate NMFS records that the Reduction Fishing History represented by any documented harvest fishing history accrued on, under, or as a result of the operation of the Reduction Privilege Vessel and/or Reduction Fishing Vessel (subject to and in accordance with the provisions of section 8 of this contract), the Groundfish Reduction Permit, and the Reduction Permit(s) which could ever qualify the Offeror for any future limited access fishing license, fishing permit, or other harvesting privilege of any kind shall never again be available to anyone for any fisheries purpose; and implement any other restrictions the applicable law or regulations impose.\n \n 35.  Material Disputes to be Identified.  Members of the public shall, up until NMFS receives the Offeror's written payment instructions, be able to advise NMFS in writing of any material dispute with regard to any aspect of any accepted Reduction Contract. Such a material dispute shall neither relieve the Offeror of any Reduction Contract duties or obligations nor affect NMFS' right to enforce performance of the Reduction Contract terms and conditions.\n \n 36.  Reduction Payment Disbursement.  Once NMFS receives the Offeror's written payment instructions and certification of compliance with the Reduction Contract, NMFS shall as soon as practicable disburse the reduction payment to the Offeror. Reduction payment disbursement shall be in strict accordance with the Offeror's written payment instructions. Unless the Offeror's written payment instructions direct NMFS to the contrary, NMFS shall disburse the whole of the reduction payment to the Offeror. If the qualifying Offeror offers with a co-Offeror, both the qualifying Offeror and the co-Offeror must approve and sign the written payment instructions.\n \n 37.  Reduction Payment Withheld for Scrapping or for Other Reasons.  In the event that a Reduction Privilege Vessel which is not under Federal documentation must be scrapped, NMFS shall withhold from reduction payment disbursement an amount sufficient to scrap such vessel. NMFS shall withhold such sum until the vessel is completely scrapped before disbursing any amount withheld. NMFS may confirm, if NMFS so chooses, that the vessel has been scrapped before disbursing any amount withheld. If NMFS has reason to believe the Offeror has failed to comply with any of the Reduction Contract terms and conditions, NMFS shall also withhold reduction payment disbursement until such time as the Offeror performs in accordance with the Reduction Contract terms and conditions.\n \n 38.  Offeror Assistance with Restriction.  The Offeror shall, upon NMFS' request, furnish such additional documents, undertakings, assurances, or take such other actions as may be reasonably required to enable NMFS' revocation, restriction, invalidation, withdrawal, or extinguishment by other means (as NMFS deems appropriate) of all components of the Reduction Contract's Reduction Fishing Interest in accordance with the requirements of the Reduction Contract terms and conditions, applicable regulations and the applicable law.\n \n 39.  Recordation of Restrictions.  Upon the Reduction Fishing Privilege's revocation, the Offeror shall do everything reasonably necessary to ensure that such revocation is recorded on the Reduction Privilege Vessel's Federal documentation (which the National Vessel Documentation Center maintains in accordance with Federal maritime law and regulations) in such manner as is acceptable to NMFS and as shall prevent the Reduction Privilege Vessel, regardless of its subsequent ownership, from ever again being eligible for a fishery trade endorsement or ever again fishing. The term \u201cfishing\u201d includes the full range of activities defined in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).\n \n 40.  Reduction Element Omission.  In the event NMFS accepts the offer and the Offeror has failed, for any reason, to specify in the Reduction Contract any Groundfish Reduction Permit, non-Groundfish Reduction Permit(s), Reduction Privilege Vessel, Reduction Fishing Vessel, Reduction Fishing History, or any other element of the Reduction Fishing Interest which the Offeror should under Reduction Contract, applicable regulations and the applicable law have specified in Reduction Contract, such omitted element shall nevertheless be deemed to be included in the Reduction Contract and to be subject to the Reduction Contract's terms and conditions; and all Reduction Contract terms and conditions which should have applied to such omitted element had it not be omitted shall apply as if such element had not been omitted. Upon the Offeror discovering any such omission, the Offeror shall immediately and fully advise NMFS of such omission. Upon either NMFS or the Offeror discovering any such omission, the Offeror shall act in accordance with the Reduction Contract, applicable regulations and the applicable law.\n \n 41.  Remedy for Breach.  Because money damages are not a sufficient remedy for the Offeror breaching any one or more of the Reduction Contract terms and conditions, the Offeror explicitly agrees to and hereby authorizes specific performance of the Reduction Contract, in addition to any money damages, as a remedy for such breach. In the event of such breach, NMFS shall take any reasonable action, including requiring and enforcing specific performance of the Reduction Contract, NMFS deems necessary to carry out the Reduction Contract, applicable regulations and the applicable law.\n \n 42.  Waiver of Data Confidentiality.  The Offeror consents to the public release of any information provided in connection with the Reduction Contract or pursuant to Reduction Plan requirements, including any information provided in the Reduction Contract or by any other means associated with, or necessary for evaluation of, the Offeror's Reduction Contract if NMFS finds that the release of such information is necessary to achieve the Reduction Plan's authorized purpose. The Offeror hereby explicitly waives any claim of confidentiality otherwise afforded to catch, or harvest data and fishing histories otherwise protected from release under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881 a(b)) or any other law. In the event of such information release, the Offeror hereby forever fully and unconditionally releases and holds harmless the United States and its officers, agents, employees, representatives, of and from any and all claims, demands, debts, damages, duties, causes of action, actions and suits whatsoever, in law or equity, on account of any act, failure to act or event arising from, out of, or in any way related to, the release of any information associated with the Reduction Program.\n \n 43.  Oral Agreement Invalid.  The Reduction Contract, any addendums to section 46 of this contract, and enclosures of photocopies of licenses and permits required under section 46 of this contract, contain the final terms and conditions of the agreement between the Offeror and NMFS and represent the entire and exclusive agreement between them. NMFS and the Offeror forever waive all right to sue, or otherwise counterclaim against each other, based on any claim of past, present, or future oral agreement between them.\n \n 44.  Severable Provisions.  The Reduction Contract provisions are severable; and, in the event that any portion of the Reduction Contract is held to be void, invalid, non-binding, or otherwise unenforceable, the remaining portion thereof shall remain fully valid, binding, and enforceable against the Offeror and NMFS.\n \n 45.  Disputes.  Any and all disputes involving the Reduction Contract, and any other Reduction Plan aspect affecting them shall in all respects be governed by the Federal laws of the United States; and the Offeror and all other parties claiming under the Offeror irrevocably submit themselves to the jurisdiction of the Federal courts of the United States and/or to any other Federal administrative body which the applicable law authorizes to adjudicate such disputes.\n \n 46.  Fishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification. \n \n a.  Completion and Submission.  The Offeror must fully, faithfully, and accurately complete this section 46 of this contract and thereafter submit the full and complete Reduction Contract to NMFS in accordance with the Reduction Contract. If completing this section requires inserting more information than the places provided for the insertion of such information allows, the Offeror should attach an addendum to the Reduction Contract that: Includes and identifies the additional information, states that the addendum is a part of the Reduction Fishing Interests Identification portion of the Reduction Contract, states (as a means of identifying the Reduction Contract to which the addendum relates) the NMFS license number designated on the Reduction Contract's Groundfish Reduction Permit, and is signed by all persons who signed the Reduction Contract as the Offeror.\n \n b.  Offeror Information. \n \n (1)  Offeror name(s).  Insert in the table provided under this section 46.b(1) of this contract the name(s) of the qualifying Offeror and of the co-Offeror (if there is a co-Offeror), and check the appropriate box for each name listed.\n \n Each name the Offeror inserts must be the full and exact legal name of record of each person, partnership, corporation or other business entity identified on the offer. If any Reduction Fishing Interest element is co-owned by more than one person, partnership, corporation or other business entity, the Offeror must insert each co-owner's name.\n \n In each case, the Offeror is the holder of record, at the time of Offeror's execution of this Reduction Contract, of the Groundfish Reduction Permit and the Reduction Permit(s). A co-Offeror is not allowed for either the Groundfish Reduction Permit or the Reduction Permit(s). If the Offeror is also the owner of record, at the time of offering, of the Reduction Privilege Vessel, the qualifying Offeror is the sole Offeror. If, however, the owner of record, at the time of execution of this Reduction Contract, of the Reduction Privilege Vessel is not exactly the same as the Offeror, then the owner of record is the co-Offeror; and the Offeror and the co-Offeror jointly offer together as the Offeror.\n \n OFFEROR NAME(S)\n  If Offeror or co-Offeror consists of more than one owner, use one row of this column to name each co-Offeror. If not, use only one row for Offeror and one row for any co-Offeror\n Check appropriate box for each name listed in the adjacent column\n Offeror\n Co-Offeror\n  (if any)\n (1)   (2)   (3)   (4)   (5)   \n (2)  Offeror address(s) of record.  Insert in the table provided under this section 46.b(2) of this contract the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact address(s) of record, and check the appropriate box for each address listed.\n \n OFFEROR ADDRESS(S)\n  If Offeror or co-Offeror consists of more than one owner, use one row of this column for address of each co-owner. If not, use only one row for Offeror and one row for any co-Offeror.\n  Always use the same row order as is Offeror Name(s) table in section 46.b(1), i.e., address (1) is for name (1), address (2) is for name (2), address (3) is for name (3), etc.\n Check appropriate box for each address listed in the adjacent column\n Offeror\n Co-Offeror\n  (if any)\n (1)\n   (2)\n   (3)\n   (4)\n   (5)   \n (3)  Offeror business telephone number(s).  Insert in the table provided under this section 46.b(3) the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact business telephone number(s), and check the appropriate box for each number listed.\n \n OFFEROR BUSINESS TELEPHONE NUMBER(S)\n  If Offeror or co-Offeror consists of more than one owner, use one row of this column for the telephone number of each co-owner. If not, use only one row for Offeror and one row for any co-Offeror.\n  Always use the same row order as is Offeror Name(s) table in section 46.b(1), i.e., telephone number (1) is for name (1), telephone number (2) is for name (2), telephone number (3) is for name (3), etc.\n Check appropriate box for each telephone number listed in the adjacent column\n Offeror\n Co-Offeror\n  (if any)\n (1)\n   (2)\n   (3)\n   (4)\n   (5)   \n (4)  Offeror electronic mail address(s) (if available).  Insert in the table printed under this section 46.b(4) the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact electronic mail (e-mail) address(s), and check the appropriate box for each address.\n \n OFFEROR E-MAIL ADDRESS(S)\n  If Offeror or co-Offeror consists of more than one owner, use one row of this column for the e-mail address of each co-owner. If not, use only one row for Offeror and one row for any co-Offeror. Always use the same row order as is Offeror Name in section 46.b(1) of this contract, i.e., e-mail (1) is for name (1), e-mail (2) is for name (2), e-mail (3) is for name (3), etc\n Check appropriate box for each e-mail address listed in the adjacent column\n Offeror\n Co-Offeror\n  (if any)\n (1)\n   (2)\n   (3)\n   (4)\n   (5)   \n c.  LLP license number for Groundfish Reduction Permit.  Insert in the place this section 46.c provides the full and exact license number which NMFS designated on the LLP license which the Offeror specifies as the Groundfish Reduction Permit. Attach with the Reduction Contract an exact photocopy of such license.\n \n LLP LICENSE NUMBER(S) AND FISHERY(S) OF Of LLP LICENSE(S) SPECIFIED AS GROUNDFISH REDUCTION PERMIT(S)\n License\n  number(s) \n Fishery(s)\n (1)\n  (2)\n  (3)\n  (4)\n  (5)  \n d.  License number(s) for Reduction Permit(s).  Insert in the place this section 46.d provides the fishery(s) involved in, and the full and exact license number(s) with NMFS designated on the license(s) which the Offeror specifies in the Reduction Contract as the Reduction Permit(s). Enclose with the Reduction Contract an exact photocopy of each such license.\n \n LLP LICENSE NUMBER(S) AND FISHERY OF LICENSE(S) SPECIFIED AS REDUCTION PERMITS\n License\n  number(s) \n Fishery(s)\n (1)\n  (2)\n  (3)\n  (4)\n  (5)  \n e.  Reduction Fishing History.  For all Reduction Fishing History insert in the place provided in the table under this section 46.e the chronological and other information with each column heading therein requires. The information required does not include any actual landing data. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS based on the fishing history of a lost or destroyed vessel plus a replacement vessel must insert information for both vessels and meet the requirements of the framework regulations, final rule and any other regulations promulgated pursuant to the Act. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS in any part based on acquisition of fishing history from another party must insert information regarding such catch history.\n \n NAMES(S) AND OFFICIAL NUMBER OF REDUCTION PRIVILEGE VESSEL AND NAME(S) AND OFFICIAL NUMBER(S) OF ANY VESSEL FROM WHICH FISHING HISTORY WAS ACQUIRED\n FOR EACH REDUCTION PRIVILEGE VESSEL IN 1ST COLUMN PROVIDE FROM TO DATE OF EACH FISHING HISTORY OFFEROR POSSESSES\n FOR EACH FISHING HISTORY IN 2ND COLUMN\n License No. of each Groundfish Reduction Permit and Reduction Permit(s) associated with each vessel involved\n If Reduction Privilege Vessel acquired fishing history from another party, provide name of party, manner in which acquired, and date acquired\n (1)\n    (2)\n    (3)\n    (4)\n    (5)    \n f.  Reduction Privilege Vessel.  Insert the full and exact name and official number which the National Vessel Documentation Center designated for the Reduction Privilege Vessel which the Offeror or the co-Offeror (if there is a co-Offeror) specifies in the Reduction Contract, and check the box appropriate for the vessel's ownership of record.\n \n Enclose with the Reduction Contract an exact photocopy of such vessel's official certificate of documentation.\n \n REDUCTION PRIVILEGE VESSEL\n Check appropriate ownership box below\n Official name\n Official No.\n Offeror\n Co-Offeror (if any)\n        \n      \n g.  Offer Amount.  Insert in the place this section 46.g provides the Offeror's full and exact offer amount, both in words and in numbers.\n \n OFFER AMOUNT [U.S. DOLLARS]\n In words\n In numbers\n    \n h.  Reduction Contract Signature.  In compliance with the Reduction Contract, applicable regulations and the applicable law, the Offeror submits the Reduction Contract as the Offeror's irrevocable offer to NMFS for the permanent surrender and relinquishment and revocation, restriction, withdrawal, invalidation, or extinguishment by other means (as NMFS deems appropriate) of the Groundfish Reduction Permit, any Reduction Permit(s), the Reduction Fishing Privilege, and the Reduction Fishing History\u2014all as identified in the Reduction Contract or as required under applicable regulations, or the applicable law.\n \n The Offeror expressly acknowledges that NMFS' acceptance of the Offeror's offer hereunder and NMFS' tender, following a successful referendum, of a reduction payment in the same amount specified in section 46.g of this contract (less any sum withheld for scrapping any Reduction Privilege Vessel lacking Federal documentation or for any other purpose) to the Offeror shall, among other things, render the Reduction Privilege Vessel permanently ineligible or any fishing worldwide, including, but not limited to, fishing on the high seas or in the jurisdiction of any foreign country while operating under United States flag, and shall impose or create other legal and contractual restrictions, impediments, limitations, obligations, or other provisions which restrict, revoke, withdraw, invalidate, or extinguish by other means (as NMFS deems appropriate) the complete Reduction Fishing Interest and any other fishery privileges or claims associated with the Groundfish Reduction Permit, any Reduction Permit(s), the Reduction Privilege Vessel, and the Reduction Fishing History\u2014all as more fully set forth in the Reduction Contract, applicable regulations, and the applicable law.\n \n By completing and signing the Reduction Contract, the Offeror expressly acknowledges that the Offeror has fully and completely read the entire Reduction Contract. The Offeror expressly states, declares, affirms, attests, warrants, and represents to NMFS that the Offeror is fully able to enter into the Reduction Contract and that the Offeror legally holds, owns, or retains, and is fully able under the Reduction Contract provisions to offer and dispose of, the full Reduction Fishing Interest which the Reduction Contract specifies and the applicable regulations, and the applicable law requires that any person or entity completing the Reduction Contract and/or signing the Reduction Contract on behalf of another person or entity, expressly attests, warrants, and represents to NMFS that such completing and/or signing person or entity has the express and written permission or other grant of authority to bind such other person or entity to the Reduction Contract's terms and conditions. The Offeror expressly attests, warrants, and represents to NMFS that every co-owner of the Offeror necessary to constitute the Offeror's full and complete execution of the Reduction Contract has signed the Reduction Contract. The Offeror expressly attests, warrants, and represents to NMFS that the Offeror: Fully understands the consequences of submitting the completed Reduction Contract of which it is a party to NMFS; pledges to abide by the terms and conditions of the Reduction Contract; and is aware of, understands, and consents to, any and all remedies available to NMFS for the Offeror's breach of the Reduction Contract or submission of an offer which fails to conform with the Reduction Contract, final rule, applicable regulations and the applicable law. The Offeror expressly attests, warrants, and represents to NMFS that all information which the Offeror inserted in the Reduction Contract is true, accurate, complete, and fully in accordance with the Reduction Contract, final rule, other applicable regulations and the applicable law.\n \n In witness whereof, the Offeror has, in the place provided below, executed the Reduction Contract either as an Offeror offering alone or as an Offeror and co-Offeror (if there is a co-Offeror) jointly offering together, in accordance with the requirements specified above, and on the date written below. The Reduction Contract is effective as of the date NMFS accepts the Offeror's offer by signing the Reduction Contract.\n \n The Offeror and co-Offeror (if there is a co-Offeror) must each sign the Reduction Contract exactly as instructed herein. Each co-owner (if there is a co-owner) of each Offeror and co-Offeror (if there is a co-Offeror) must also sign the Reduction Contract exactly as instructed herein. A notary public must, for each person or entity signing on behalf of the Offeror, complete and sign the acknowledgment and certification provision associated with each such person or entity's signature.\n \n I.  Offeror and co-Offeror's (if there is a co-Offeror) signature(s) and notary's acknowledgment(s) and certification(s). \n \n OFFEROR'S SIGNATURE AND NOTARY'S ACKNOWLEDGMENT AND CERTIFICATION \n  If Offeror or co-Offeror consists of more than one owner, use one row of column 1 for each co-owner's signature. If not, use only one row for Offeror and one row for co-Offeror (if any).\n  Always use same Offeror row order as in Offeror Name in the table under section 46.b(1) of this contract (i.e., signature (1) is for name (1), signature (2) is for name (2) signature (3) is for name (3), etc.)\n OFFEROR SIGNATURE \n  (1) Sign. (2) Print: the following: (a) signer's name, (b) signer's title (if signing for corporation or other business entity), and (c) signing date\n Check appropriate column for each signature in 1st column\n NOTARY SIGNATURE \n  (1) Sign. (2) Print: the following: (a) name, (b) signing date, (3) date commission expires, and (4) State and county. Each notary signature attests to the following:\n  \u201cI certify that I know or have satisfactory evidence that the person who signed in the 1st column of this same row is the person who appeared before me and: (1) acknowledged his/her signature; (2) on oath, stated that he/she was authorized to sign; and (3) acknowledged that he/she did so freely and voluntarily.\u201d\n  \n Qualifying Offeror\n Co-Offeror (if any)\n  \n (1)\n    (2)\n    (3)    \n II.  United States of America's signature.  United States of America, Acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division.\n \n Dated:\n \n By:\n \n Leo C. Erwin, Chief,\n \n Financial Services Division, National Marine Fisheries Service.\n\nThis agreement, (the \u201cReduction Contract\u201d) is entered into by and between the party or parties named in section 46 of this contract entitled, \u201cFishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification,\u201d as the qualifying Offeror and as the co-Offeror (if there is a co-Offeror) (collectively the \u201cOfferor\u201d) and the United States of America, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division (\u201cNMFS\u201d). The Reduction Contract is effective when NMFS signs the Reduction Contract and, thereby, accepts the Offeror's offer, subject to the condition subsequent of NMFS' formal notification of a successful referendum.\n\nWhereas, Section 219, Title II, Division B of the Consolidated Appropriations Act, 2005, as enacted on December 8, 2004, (the \u201cAct\u201d) authorizes a fishing capacity reduction program implementing capacity reduction plans submitted to NMFS by catcher processor subsectors of the Bering Sea and Aleutian Islands (\u201cBSAI\u201d) non-pollock groundfish fishery as set forth in the Act;\n\nWhereas, the longline catcher processor subsector (the \u201cLongline Subsector\u201d) is among the catcher processor subsectors eligible to submit to NMFS a capacity reduction plan under the terms of the Act;\n\nWhereas, the Freezer Longline Conservation Cooperative (the \u201cFLCC\u201d) has developed and is submitting to NMFS concurrently with this Reduction Contract a capacity reduction plan for the Longline Subsector (the \u201cReduction Plan\u201d);\n\nWhereas, the selection process will be pursuant to the fishing capacity Reduction Contract and the Reduction Plan;\n\nWhereas, the term \u201cReduction Fishery\u201d is defined by the Reduction Plan as the longline catcher processor subsector of the BSAI non-pollock groundfish fishery;\n\nWhereas, the Reduction Plan's express objective is to permanently reduce harvesting capacity in the Reduction Fishery; Whereas, NMFS implements the Reduction Plan pursuant to Section 219 of the Act as well as the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)-(e))(as excepted by the Act, including inter alia, any requirement that the Reduction Plan include a bidding or auction process) and other applicable law;\n\nWhereas, NMFS has promulgated framework regulations generally applicable to all fishing capacity reduction programs, portions of which are applicable to the Reduction Plan, (50 CFR 600.1000  et seq. );\n\nWhereas, NMFS can implement the Reduction Plan only after giving notice to all members of the Longline Subsector of the Reduction Plan pursuant to Section 219(3)(b) of the Act and approval of the Reduction Plan by referendum of the Longline Subsector; and\n\nWhereas, this Reduction Contract is submitted by Offeror and the FLCC as an integral element of the Reduction Plan and is expressly subject to the terms and conditions set forth herein, the framework regulations, the final rule (as used in this contract \u201cfinal rule\u201d means the final rule promulgated by NMFS which sets forth the regulations implementing the Reduction Plan for the Longline Subsector) and applicable law.\n\nNow therefore, for good and valuable consideration and the premises and covenants hereinafter set forth the receipt and sufficiency of which the parties to the Reduction Contract hereby acknowledge, and intending to be legally bound hereby, the parties hereto agree as follows:\n\n1.  Incorporation of Recitals.  The foregoing recitals are true and correct and are expressly incorporated herein by this reference.\n\n2.  Further Incorporation.  The Act, framework regulations, final rule and any other rule promulgated pursuant to the Act are expressly incorporated herein by this reference. In the event of conflicting language, the framework regulations, the final rule and any other rule promulgated pursuant to the Act, take precedence over the Reduction Contract.\n\n3.  Contract Form.  By completing and submitting the Reduction Contract to NMFS the Offeror hereby irrevocably offers to relinquish its Reduction Fishing Interests. If NMFS discovers any deficiencies in the Offeror's submission to NMFS, NMFS may, at its sole discretion, contact the Offeror in an attempt to correct such offer deficiency. \u201cReduction Fishing Interests\u201d means all of Offeror(s) rights, title and interest to the Groundfish Reduction Permit, Reduction Permit(s), Reduction Fishing Privilege and Reduction Fishing History as defined in this Reduction Contract.\n\n4.  Groundfish Reduction Permit.  Offeror expressly acknowledges that it hereby offers to permanently surrender, relinquish, and have NMFS permanently revoke the valid non-interim Federal License Limitation Program groundfish license issued pursuant to 50 CFR 679.4(k) (or successor regulation) endorsed for Bering Sea or Aleutian Islands catcher processor fishing activity, C/P, Pacific cod, and hook and line gear identified in section 46 of this contract as well as any present or future claims of eligibility for any fishery privilege based upon such permit, including any Latent License and any offered and accepted interim permit that Offeror causes to become a non-interim permit, (the \u201cGroundfish Reduction Permit\u201d).\n\n5.  Reduction Permit(s).  Offeror hereby acknowledges that it offers to permanently surrender, relinquish, and have NMFS permanently revoke any and all Federal fishery licenses, fishery permits, and area and species endorsements issued for any vessel named on the Groundfish Reduction Permit as well as any present or future claims of eligibility for any fishery privilege based upon such permit, including any Latent License, (the \u201cReduction Permits\u201d).\n\n6.  Reduction Privilege Vessel.  The Reduction Privilege Vessel is the vessel listed on the Offeror's License Limitation Program license.\n\n7.  Reduction Fishing Privilege.  If a vessel is specified in section 46 of this contract (the \u201cReduction Privilege Vessel\u201d), Offeror hereby acknowledges that Offeror offers to relinquish and surrender the Reduction Privilege Vessel's fishing privilege and consents to the imposition of Federal vessel documentation restrictions that have the effect of permanently revoking the Reduction Privilege Vessel's legal ability to fish anywhere in the world as well as its legal ability to operate under foreign registry or control\u2014including the Reduction Privilege Vessel's: fisheries trade endorsement under the Commercial Fishing Industry Vessel Anti-Reflagging Act (46 U.S.C. 12108); eligibility for the approval required under section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)), for the placement of a vessel under foreign flag or registry, as well as its operation under the authority of a foreign country; and the privilege otherwise to ever fish again anywhere in the world (the \u201cReduction Fishing Privilege\u201d). Offeror agrees to instruct the United States Coast Guard's Vessel Documentation Center to remove the fishery endorsement from the Reduction Privilege Vessel. If the Reduction Privilege Vessel is not a federally documented vessel, the Offeror offers to promptly scrap the vessel and allow NMFS whatever access to the scrapping NMFS deems reasonably necessary to document and confirm the scrapping.\n\n8.  Reduction Fishing History.  Offeror surrenders, relinquishes, and consents to NMFS' permanent revocation of the following Reduction Fishing History (the \u201cReduction Fishing History\u201d):\n\na. The Reduction Privilege Vessel's full and complete documented harvest of groundfish;\n\nb. For any documented harvest of the Reduction Privilege Vessel whatsoever, including that specified in section 8 of this contract, any right or privilege to make any claim in any way related to any fishery privilege derived in whole or in part from any such other and documented harvest which could ever qualify any party for any future limited access system fishing license, permit, and other harvest authorization of any kind; including without limitation crab LLP licenses linked to License Limitation Program (\u201cLLP\u201d) licenses, state fishing rights appurtenant to Reduction Fishing Vessels, and all fishing history associated therewith, but without prejudice to any party who before submission of this offer may have for value independently acquired the fishing history involving any such documented harvest;\n\nc. Any documented harvest on any other vessel (Reduction Fishing Vessel) that gave rise to the Groundfish Reduction Permit; and\n\nd. All fishing history associated with the latent LLP license identified on the Selected Offer and any fishing history associated with the fishing vessel that gave rise to the latent LLP license that remains in the Offeror's possession as of August 11, 2006 ( i.e. , date of publication of the proposed rule in the  Federal Register ).\n\n9.  Halibut, Sablefish and Crab IFQs Excluded.  Notwithstanding any other provision of this Reduction Contract, no right, title and/or interest to harvest, process or otherwise utilize individual fishing quota (\u201cIFQ\u201d) quota share in the halibut, sablefish and crab fisheries pursuant to 50 CFR parts 679 and 680, nor crab LLP license history to the extent necessary for the issuance of crab IFQ pursuant to 50 CFR part 680 as in effect as of the date of this Contract, shall be included among Offeror's Reduction Fishing Interests.\n\n10.  Representations and Warranties.  Offeror represents and warrants that, as of the date of submission of this Reduction Contract, Offeror is:\n\na. The holder of record, according to NMFS' official fishing license records, at the time of offer, of the Groundfish Reduction Permit and the Reduction Permit(s).\n\nb. The Reduction Privilege Vessel's owner of record, according to the National Vessel Documentation Center's official vessel documentation records, at the time of offer, and that the Reduction Privilege Vessel is neither lost nor destroyed at the time of offer.\n\nc. In retention of and fully and legally entitled to offer and dispose of hereunder, full and complete rights to the Reduction Privilege Vessel's full and complete Reduction Fishing History necessary to fully and completely comply with the requirements of section 8 of this contract.\n\n11.  Offer Amount.  NMFS' payment to Offeror in the exact amount of the amount set forth by Offeror in section 46 of this contract is full and complete consideration for the Offeror's offer.\n\n12.  Additional Offer Elements.  Offeror shall include with its offer an exact photocopy of the Reduction Privilege Vessel's official vessel documentation or registration (i.e., the certificate of documentation the U.S. Coast Guard's National Vessel Documentation Center issued for federally documented vessels or the registration a State issues for State registered vessels) and an exact photocopy of the Groundfish Reduction Permit and all Reduction Permit(s). The Offeror shall also include with the offer all other information required in this Reduction Contract and otherwise comply with Reduction Contract requirements.\n\n13.  Use of Official Fishing License or Permit Databases.  Offeror expressly acknowledges that NMFS shall use the appropriate official governmental fishing license or permit database to:\n\nDetermine the Offeror's address of record; verify the Offeror's qualification to offer; determine the holder of record of the Groundfish Reduction Permit and Reduction Permit(s); and verify the Offeror's inclusion in the offer of all permits and licenses required to be offered in the Offer.\n\n14.  Use of National Vessel Documentation Center Database.  Offeror expressly acknowledges that NMFS shall use the records of the National Vessel Documentation Center to determine the owner of record for a federally documented Reduction Privilege Vessel and the appropriate State records to determine the owner of record of a non-federally documented Reduction Privilege Vessel.\n\n15.  Offeror to Ensure Accurate Records.  Offeror shall, to the best of its ability, ensure that the records of the databases relevant to sections 13 and 14 of this contract are true, accurate, and complete.\n\n16.  Submissions are Irrevocable.  The parties hereto expressly acknowledge as the essence hereof that the Offeror voluntarily submits to NMFS this firm and irrevocable offer. The Offeror expressly acknowledges that it hereby waives any privilege or right to withdraw, change, modify, alter, rescind, or cancel any portion of the Reduction Contract and that the receipt date and time which NMFS marks on the Reduction Contract constitutes the date and time of the offer's submission.\n\n17.  Offer Rejection.  NMFS shall reject an offer that NMFS deems is in any way unresponsive or not in conformance with the Reduction Contract, and the applicable law or regulations unless the Offeror corrects the defect and NMFS, in its sole discretion, accepts the correction.\n\n18.  Notarized Offeror Signature(s) Required.  NMFS shall deem as non-responsive and reject an offer whose Offer Submission Form does not contain the notarized signatures of all persons required to sign the form on behalf of the Offeror.\n\n19.  Offer Rejections Constitute Final Agency Action.  NMFS's offer rejections are conclusive and constitute final agency action as of the rejection date.\n\n20.  Effect of Offer Submission.  Submitting an irrevocable offer conforming to the requirements stated herein entitles the Offeror to have NMFS accept the offer if NMFS, in its sole discretion, deems that the offer is fully responsive and complies with the Act, the final rule and any other rule promulgated pursuant to the Act.\n\n21.  Offeror Retains Use.  After submitting an offer, the Offeror shall continue to hold, own, or retain unimpaired every aspect of any and all LLP License(s) and or vessels set forth on an Offer included as Reduction Fishing Interests, until such time as: NMFS notifies the Offeror that the Reduction Plan is not in compliance with the Act or other applicable law and will not be approved by NMFS; notifies the Offeror that the referendum was unsuccessful; NMFS tenders the reduction payment and the Offeror complies with its obligations under the Reduction Contract; or NMFS otherwise excuses the Offeror's performance.\n\n22.  Acceptance by Referendum.  NMFS shall formally notify the Offeror in writing whether the referendum is successful, which written notice shall inform Offeror that the condition subsequent has been satisfied. Therefore, Offeror expressly acknowledges that all parties must perform under the Reduction Contract and the Reduction Contract is enforceable against, and binding on, the Reduction Contract parties in accordance with the terms and conditions herein.\n\n23.  Reduction Contract Subject to Federal Law.  The Reduction Contract is subject to Federal law.\n\n24.  Notice to Creditors.  Upon NMFS' offer acceptance notice to the Offeror, Offeror agrees to notify all parties with secured interests in the Reduction Fishing Interests that the Offeror has entered into the Reduction Contract.\n\n25.  Referendum.  Offeror acknowledges that the outcome of the referendum of the Reduction Plan is an occurrence over which NMFS has no control.\n\n26.  Unsuccessful Referendum Excuses Performance.  An unsuccessful referendum excuses all parties hereto from every obligation to perform under the Reduction Contract. In such event, NMFS need not tender reduction payment and the Offeror need not surrender and relinquish or allow the revocation or restriction of any element of the Reduction Fishing Interest specified in the Reduction Contract. An unsuccessful referendum shall cause the Reduction Contract to have no further force or effect.\n\n27.  Offeror Responsibilities upon Successful Referendum.  Upon NMFS' formal notification to the Offeror that the referendum was successful and that NMFS had accepted the Reduction Contract, Offeror shall immediately become ready to surrender and relinquish and allow the revocation or restriction of (as NMFS deems appropriate) the Reduction Fishing Interests.\n\n28.  Written Payment Instructions.  After a successful referendum, NMFS shall tender reduction payment by requesting the Offeror to provide to NMFS, and the Offeror shall subsequently so provide, written payment instructions for NMFS' disbursement of the reduction payment to the Offeror or to the Offeror's order.\n\n29.  Request for Written Payment Instructions Constitutes Tender.  NMFS' request to the Offeror for written payment instructions constitutes reduction payment tender, as specified in 50 CFR 600.1011.\n\n30.  Offeror Responsibilities upon Tender.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall immediately surrender and relinquish and allow the revocation or restriction of (as NMFS deems appropriate) the Reduction Fishing Interests. The Offeror must then return the original of its Groundfish Reduction Permit and Reduction Permit(s) to NMFS. Concurrently with NMFS' reduction payment tender, the Offeror shall forever cease all fishing for any species with the Reduction Privilege Vessel and immediately retrieve all fishing gear, irrespective of ownership, previously deployed from the Reduction Privilege Vessel. Offeror agrees to authorize the United States Coast Guard to cancel the fishery endorsement in the Reduction Privilege Vessel.\n\n31.  Reduction Privilege Vessel Lacking Federal Documentation.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall immediately scrap any vessel which the Offeror specified as a Reduction Privilege Vessel and which is documented solely under state law or otherwise lacks documentation under Federal law. The Offeror shall scrap such vessel at the Offeror's expense. The Offeror shall allow NMFS, its agents, or its appointees reasonable opportunity to observe and confirm such scrapping. The Offeror shall conclude such scrapping within a reasonable time.\n\n32.  Future Harvest Privilege and Reduction Fishing History Extinguished.  Upon NMFS' reduction payment tender to the Offeror, the Offeror shall surrender and relinquish and consent to the revocation, restriction, withdrawal, invalidation, or extinguishment by other means (as NMFS deems appropriate), of any claim in any way related to any fishing privilege derived, in whole or in part, from the use or holdership of the Groundfish Reduction Permits and the Reduction Permit(s), from the use or ownership of the Reduction Privilege Vessel (subject to and in accordance with the provisions of section 8 of this contract), and from any documented harvest fishing history arising under or associated with the same which could ever qualify the Offeror for any future limited access fishing license, fishing permit, and other harvest authorization of any kind.\n\n33.  Post Tender Use of Federally Documented Reduction Privilege Vessel.  After NMFS' reduction payment tender to the Offeror, the Offeror may continue to use a federally documented Reduction Privilege Vessel for any lawful purpose except \u201cfishing\u201d as defined under the Magnuson-Stevens Act and may transfer\u2014subject to all restrictions in the Reduction Contract, other applicable regulations, and the applicable law\u2014the vessel to a new owner. The Offeror or any subsequent owner shall only operate the Reduction Privilege Vessel under the United States flag and shall not operate such vessel under the authority of a foreign country. In the event the Offeror fails to abide by such restrictions, the Offeror expressly acknowledges and hereby agrees to allow NMFS to pursue any and all remedies available to it, including, but not limited to, recovering the reduction payment and seizing the Reduction Privilege Vessel and scrapping it at the Offeror's expense.\n\n34.  NMFS' Actions upon Tender.  Contemporaneously with NMFS' reduction payment tender to the Offeror, and without regard to the Offeror's refusal or failure to perform any of its Reduction Contract duties and obligations, NMFS shall: Permanently revoke the Offeror's Groundfish Reduction Permit and Reduction Permit(s); notify the National Vessel Documentation Center to permanently revoke the Reduction Privilege Vessel's fishery trade endorsement; notify the U.S. Maritime Administration to make the Reduction Privilege Vessel permanently ineligible for the approval of requests to place the vessel under foreign registry or operate the vessel under a foreign country's authority; record in the appropriate NMFS records that the Reduction Fishing History represented by any documented harvest fishing history accrued on, under, or as a result of the operation of the Reduction Privilege Vessel and/or Reduction Fishing Vessel (subject to and in accordance with the provisions of section 8 of this contract), the Groundfish Reduction Permit, and the Reduction Permit(s) which could ever qualify the Offeror for any future limited access fishing license, fishing permit, or other harvesting privilege of any kind shall never again be available to anyone for any fisheries purpose; and implement any other restrictions the applicable law or regulations impose.\n\n35.  Material Disputes to be Identified.  Members of the public shall, up until NMFS receives the Offeror's written payment instructions, be able to advise NMFS in writing of any material dispute with regard to any aspect of any accepted Reduction Contract. Such a material dispute shall neither relieve the Offeror of any Reduction Contract duties or obligations nor affect NMFS' right to enforce performance of the Reduction Contract terms and conditions.\n\n36.  Reduction Payment Disbursement.  Once NMFS receives the Offeror's written payment instructions and certification of compliance with the Reduction Contract, NMFS shall as soon as practicable disburse the reduction payment to the Offeror. Reduction payment disbursement shall be in strict accordance with the Offeror's written payment instructions. Unless the Offeror's written payment instructions direct NMFS to the contrary, NMFS shall disburse the whole of the reduction payment to the Offeror. If the qualifying Offeror offers with a co-Offeror, both the qualifying Offeror and the co-Offeror must approve and sign the written payment instructions.\n\n37.  Reduction Payment Withheld for Scrapping or for Other Reasons.  In the event that a Reduction Privilege Vessel which is not under Federal documentation must be scrapped, NMFS shall withhold from reduction payment disbursement an amount sufficient to scrap such vessel. NMFS shall withhold such sum until the vessel is completely scrapped before disbursing any amount withheld. NMFS may confirm, if NMFS so chooses, that the vessel has been scrapped before disbursing any amount withheld. If NMFS has reason to believe the Offeror has failed to comply with any of the Reduction Contract terms and conditions, NMFS shall also withhold reduction payment disbursement until such time as the Offeror performs in accordance with the Reduction Contract terms and conditions.\n\n38.  Offeror Assistance with Restriction.  The Offeror shall, upon NMFS' request, furnish such additional documents, undertakings, assurances, or take such other actions as may be reasonably required to enable NMFS' revocation, restriction, invalidation, withdrawal, or extinguishment by other means (as NMFS deems appropriate) of all components of the Reduction Contract's Reduction Fishing Interest in accordance with the requirements of the Reduction Contract terms and conditions, applicable regulations and the applicable law.\n\n39.  Recordation of Restrictions.  Upon the Reduction Fishing Privilege's revocation, the Offeror shall do everything reasonably necessary to ensure that such revocation is recorded on the Reduction Privilege Vessel's Federal documentation (which the National Vessel Documentation Center maintains in accordance with Federal maritime law and regulations) in such manner as is acceptable to NMFS and as shall prevent the Reduction Privilege Vessel, regardless of its subsequent ownership, from ever again being eligible for a fishery trade endorsement or ever again fishing. The term \u201cfishing\u201d includes the full range of activities defined in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).\n\n40.  Reduction Element Omission.  In the event NMFS accepts the offer and the Offeror has failed, for any reason, to specify in the Reduction Contract any Groundfish Reduction Permit, non-Groundfish Reduction Permit(s), Reduction Privilege Vessel, Reduction Fishing Vessel, Reduction Fishing History, or any other element of the Reduction Fishing Interest which the Offeror should under Reduction Contract, applicable regulations and the applicable law have specified in Reduction Contract, such omitted element shall nevertheless be deemed to be included in the Reduction Contract and to be subject to the Reduction Contract's terms and conditions; and all Reduction Contract terms and conditions which should have applied to such omitted element had it not be omitted shall apply as if such element had not been omitted. Upon the Offeror discovering any such omission, the Offeror shall immediately and fully advise NMFS of such omission. Upon either NMFS or the Offeror discovering any such omission, the Offeror shall act in accordance with the Reduction Contract, applicable regulations and the applicable law.\n\n41.  Remedy for Breach.  Because money damages are not a sufficient remedy for the Offeror breaching any one or more of the Reduction Contract terms and conditions, the Offeror explicitly agrees to and hereby authorizes specific performance of the Reduction Contract, in addition to any money damages, as a remedy for such breach. In the event of such breach, NMFS shall take any reasonable action, including requiring and enforcing specific performance of the Reduction Contract, NMFS deems necessary to carry out the Reduction Contract, applicable regulations and the applicable law.\n\n42.  Waiver of Data Confidentiality.  The Offeror consents to the public release of any information provided in connection with the Reduction Contract or pursuant to Reduction Plan requirements, including any information provided in the Reduction Contract or by any other means associated with, or necessary for evaluation of, the Offeror's Reduction Contract if NMFS finds that the release of such information is necessary to achieve the Reduction Plan's authorized purpose. The Offeror hereby explicitly waives any claim of confidentiality otherwise afforded to catch, or harvest data and fishing histories otherwise protected from release under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881 a(b)) or any other law. In the event of such information release, the Offeror hereby forever fully and unconditionally releases and holds harmless the United States and its officers, agents, employees, representatives, of and from any and all claims, demands, debts, damages, duties, causes of action, actions and suits whatsoever, in law or equity, on account of any act, failure to act or event arising from, out of, or in any way related to, the release of any information associated with the Reduction Program.\n\n43.  Oral Agreement Invalid.  The Reduction Contract, any addendums to section 46 of this contract, and enclosures of photocopies of licenses and permits required under section 46 of this contract, contain the final terms and conditions of the agreement between the Offeror and NMFS and represent the entire and exclusive agreement between them. NMFS and the Offeror forever waive all right to sue, or otherwise counterclaim against each other, based on any claim of past, present, or future oral agreement between them.\n\n44.  Severable Provisions.  The Reduction Contract provisions are severable; and, in the event that any portion of the Reduction Contract is held to be void, invalid, non-binding, or otherwise unenforceable, the remaining portion thereof shall remain fully valid, binding, and enforceable against the Offeror and NMFS.\n\n45.  Disputes.  Any and all disputes involving the Reduction Contract, and any other Reduction Plan aspect affecting them shall in all respects be governed by the Federal laws of the United States; and the Offeror and all other parties claiming under the Offeror irrevocably submit themselves to the jurisdiction of the Federal courts of the United States and/or to any other Federal administrative body which the applicable law authorizes to adjudicate such disputes.\n\n46.  Fishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification.\n\na.  Completion and Submission.  The Offeror must fully, faithfully, and accurately complete this section 46 of this contract and thereafter submit the full and complete Reduction Contract to NMFS in accordance with the Reduction Contract. If completing this section requires inserting more information than the places provided for the insertion of such information allows, the Offeror should attach an addendum to the Reduction Contract that: Includes and identifies the additional information, states that the addendum is a part of the Reduction Fishing Interests Identification portion of the Reduction Contract, states (as a means of identifying the Reduction Contract to which the addendum relates) the NMFS license number designated on the Reduction Contract's Groundfish Reduction Permit, and is signed by all persons who signed the Reduction Contract as the Offeror.\n\nb.  Offeror Information.\n\n(1)  Offeror name(s).  Insert in the table provided under this section 46.b(1) of this contract the name(s) of the qualifying Offeror and of the co-Offeror (if there is a co-Offeror), and check the appropriate box for each name listed.\n\nEach name the Offeror inserts must be the full and exact legal name of record of each person, partnership, corporation or other business entity identified on the offer. If any Reduction Fishing Interest element is co-owned by more than one person, partnership, corporation or other business entity, the Offeror must insert each co-owner's name.\n\nIn each case, the Offeror is the holder of record, at the time of Offeror's execution of this Reduction Contract, of the Groundfish Reduction Permit and the Reduction Permit(s). A co-Offeror is not allowed for either the Groundfish Reduction Permit or the Reduction Permit(s). If the Offeror is also the owner of record, at the time of offering, of the Reduction Privilege Vessel, the qualifying Offeror is the sole Offeror. If, however, the owner of record, at the time of execution of this Reduction Contract, of the Reduction Privilege Vessel is not exactly the same as the Offeror, then the owner of record is the co-Offeror; and the Offeror and the co-Offeror jointly offer together as the Offeror.\n\n(2)  Offeror address(s) of record.  Insert in the table provided under this section 46.b(2) of this contract the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact address(s) of record, and check the appropriate box for each address listed.\n\n(3)  Offeror business telephone number(s).  Insert in the table provided under this section 46.b(3) the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact business telephone number(s), and check the appropriate box for each number listed.\n\n(4)  Offeror electronic mail address(s) (if available).  Insert in the table printed under this section 46.b(4) the Offeror's and the co-Offeror's (if there is a co-Offeror) full and exact electronic mail (e-mail) address(s), and check the appropriate box for each address.\n\nc.  LLP license number for Groundfish Reduction Permit.  Insert in the place this section 46.c provides the full and exact license number which NMFS designated on the LLP license which the Offeror specifies as the Groundfish Reduction Permit. Attach with the Reduction Contract an exact photocopy of such license.\n\nd.  License number(s) for Reduction Permit(s).  Insert in the place this section 46.d provides the fishery(s) involved in, and the full and exact license number(s) with NMFS designated on the license(s) which the Offeror specifies in the Reduction Contract as the Reduction Permit(s). Enclose with the Reduction Contract an exact photocopy of each such license.\n\ne.  Reduction Fishing History.  For all Reduction Fishing History insert in the place provided in the table under this section 46.e the chronological and other information with each column heading therein requires. The information required does not include any actual landing data. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS based on the fishing history of a lost or destroyed vessel plus a replacement vessel must insert information for both vessels and meet the requirements of the framework regulations, final rule and any other regulations promulgated pursuant to the Act. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS in any part based on acquisition of fishing history from another party must insert information regarding such catch history.\n\nf.  Reduction Privilege Vessel.  Insert the full and exact name and official number which the National Vessel Documentation Center designated for the Reduction Privilege Vessel which the Offeror or the co-Offeror (if there is a co-Offeror) specifies in the Reduction Contract, and check the box appropriate for the vessel's ownership of record.\n\nEnclose with the Reduction Contract an exact photocopy of such vessel's official certificate of documentation.\n\ng.  Offer Amount.  Insert in the place this section 46.g provides the Offeror's full and exact offer amount, both in words and in numbers.\n\nh.  Reduction Contract Signature.  In compliance with the Reduction Contract, applicable regulations and the applicable law, the Offeror submits the Reduction Contract as the Offeror's irrevocable offer to NMFS for the permanent surrender and relinquishment and revocation, restriction, withdrawal, invalidation, or extinguishment by other means (as NMFS deems appropriate) of the Groundfish Reduction Permit, any Reduction Permit(s), the Reduction Fishing Privilege, and the Reduction Fishing History\u2014all as identified in the Reduction Contract or as required under applicable regulations, or the applicable law.\n\nThe Offeror expressly acknowledges that NMFS' acceptance of the Offeror's offer hereunder and NMFS' tender, following a successful referendum, of a reduction payment in the same amount specified in section 46.g of this contract (less any sum withheld for scrapping any Reduction Privilege Vessel lacking Federal documentation or for any other purpose) to the Offeror shall, among other things, render the Reduction Privilege Vessel permanently ineligible or any fishing worldwide, including, but not limited to, fishing on the high seas or in the jurisdiction of any foreign country while operating under United States flag, and shall impose or create other legal and contractual restrictions, impediments, limitations, obligations, or other provisions which restrict, revoke, withdraw, invalidate, or extinguish by other means (as NMFS deems appropriate) the complete Reduction Fishing Interest and any other fishery privileges or claims associated with the Groundfish Reduction Permit, any Reduction Permit(s), the Reduction Privilege Vessel, and the Reduction Fishing History\u2014all as more fully set forth in the Reduction Contract, applicable regulations, and the applicable law.\n\nBy completing and signing the Reduction Contract, the Offeror expressly acknowledges that the Offeror has fully and completely read the entire Reduction Contract. The Offeror expressly states, declares, affirms, attests, warrants, and represents to NMFS that the Offeror is fully able to enter into the Reduction Contract and that the Offeror legally holds, owns, or retains, and is fully able under the Reduction Contract provisions to offer and dispose of, the full Reduction Fishing Interest which the Reduction Contract specifies and the applicable regulations, and the applicable law requires that any person or entity completing the Reduction Contract and/or signing the Reduction Contract on behalf of another person or entity, expressly attests, warrants, and represents to NMFS that such completing and/or signing person or entity has the express and written permission or other grant of authority to bind such other person or entity to the Reduction Contract's terms and conditions. The Offeror expressly attests, warrants, and represents to NMFS that every co-owner of the Offeror necessary to constitute the Offeror's full and complete execution of the Reduction Contract has signed the Reduction Contract. The Offeror expressly attests, warrants, and represents to NMFS that the Offeror: Fully understands the consequences of submitting the completed Reduction Contract of which it is a party to NMFS; pledges to abide by the terms and conditions of the Reduction Contract; and is aware of, understands, and consents to, any and all remedies available to NMFS for the Offeror's breach of the Reduction Contract or submission of an offer which fails to conform with the Reduction Contract, final rule, applicable regulations and the applicable law. The Offeror expressly attests, warrants, and represents to NMFS that all information which the Offeror inserted in the Reduction Contract is true, accurate, complete, and fully in accordance with the Reduction Contract, final rule, other applicable regulations and the applicable law.\n\nIn witness whereof, the Offeror has, in the place provided below, executed the Reduction Contract either as an Offeror offering alone or as an Offeror and co-Offeror (if there is a co-Offeror) jointly offering together, in accordance with the requirements specified above, and on the date written below. The Reduction Contract is effective as of the date NMFS accepts the Offeror's offer by signing the Reduction Contract.\n\nThe Offeror and co-Offeror (if there is a co-Offeror) must each sign the Reduction Contract exactly as instructed herein. Each co-owner (if there is a co-owner) of each Offeror and co-Offeror (if there is a co-Offeror) must also sign the Reduction Contract exactly as instructed herein. A notary public must, for each person or entity signing on behalf of the Offeror, complete and sign the acknowledgment and certification provision associated with each such person or entity's signature.\n\nI.  Offeror and co-Offeror's (if there is a co-Offeror) signature(s) and notary's acknowledgment(s) and certification(s).\n\nII.  United States of America's signature.  United States of America, Acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division.\n\nLeo C. Erwin, Chief,\n\nFinancial Services Division, National Marine Fisheries Service."], ["50:50:12.0.1.1.1.13.1.7", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1106 Longline catcher processor subsector Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish species fee payment and collection system.", "FWS", "", "", "[72 FR 54222, Sept. 24, 2007]", "(a)  Purpose.  As authorized by Public Law 108 447, this section's purpose is to:\n\n(1) In accordance with \u00a7 600.1012, establish:\n\n(i) The borrower's obligation to repay a reduction loan, and\n\n(ii) The loan's principal amount, interest rate, and repayment term; and\n\n(2) In accordance with \u00a7\u00a7 600.1013 through 600.1016, implement an industry fee system for the reduction fishery.\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 and \u00a7 600.1105 expressly apply to this section. In addition, the following definition applies to this section:\n\nReduction fishery  means the longline catcher processor subsector of the BSAI non-pollock groundfish fishery that \u00a7 679.2 of this chapter defined as groundfish area/species endorsements.\n\n(c)  Reduction loan amount.  The reduction loan's original principal amount is $35,000,000.\n\n(d)  Interest accrual from inception.  Interest began accruing on the reduction loan from May 29, 2007, the date on which NMFS disbursed such loan.\n\n(e)  Interest rate.  The reduction loan's interest rate shall be the applicable rate which the U.S. Treasury determines at the end of fiscal year 2007 plus 2 percent.\n\n(f)  Repayment term.  For the purpose of determining fee rates, the reduction loan's repayment term is 30 years from May 29, 2007, but fees shall continue indefinitely for as long as necessary to fully repay the loan.\n\n(g)  Reduction loan repayment.  (1) The borrower shall, in accordance with \u00a7 600.1012, repay the reduction loan;\n\n(2) For the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, subsector members are deemed to be both the fish buyer and fish seller. In this case, all requirements and penalties of \u00a7 600.1013 that are applicable to both a fish seller and a fish buyer shall equally apply to parties performing both functions;\n\n(3) Subsector members in the reduction fishery shall pay and collect the fee amount in accordance with \u00a7 600.1105;\n\n(4) Subsector members in the reduction fishery shall, in accordance with \u00a7 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to such fishery; except the requirements specified under paragraph (c) of this section concerning the deposit principal disbursement shall be made to NMFS no later than fifteen (15) calendar days following the end of each calendar month; and the requirements specified under paragraph (e) of this section concerning annual reports which shall be submitted to NMFS by February 1 of each calendar year; and\n\n(5) The reduction loan is, in all other respects, subject to the provisions of \u00a7\u00a7 600.1012 through 600.1017."], ["50:50:12.0.1.1.1.13.1.8", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1107 Southeast Alaska Purse Seine Salmon Fishery capacity reduction program, including fee payment and collection system.", "FWS", "", "", "[76 FR 61990, Oct. 6, 2011]", "(a)  Purpose.  This section implements the fishing capacity reduction program for the Southeast Alaska purse seine salmon fishery enacted by Section 209 of Public Law 108-447 and amended by Section 121 of Public Law 109-479, with appropriations authorized by Section 121 of Public Law 109-479 and Public Law 110-161. The intent of the program is to permanently reduce, through an industry-financed permit buyback, the most harvesting capacity in the Reduction Fishery at the least cost, increase harvesting productivity for post-reduction Permit Holders and improve flexibility in the conservation and management of the fishery. Fishery participants will finance this program through a federal loan that will be repaid over 40 years through a fee collection system. The intent of the fee collection system is to establish the post-reduction Permit Holders' obligation to repay the Reduction Loan's principal and accrued interest over the repayment term, and to ensure repayment of the loan.\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 of subpart L of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section:\n\nAcceptance  means SRA acceptance of a bid.\n\nAct  means Section 209 of Title II of Division B of Public Law 108-447, Consolidated Appropriations Act of 2005, as amended by Section 121 of Public Law 109-447, Magnuson-Stevens Reauthorization Act of 2006.\n\nAuthorized party  means the individuals authorized by the Permit Holder on the application form to execute and submit Bids, protests and other documents and/or notices on behalf of the Permit Holder.\n\nBid  means a bidder's irrevocable offer to relinquish a permit.\n\nBid amount  means the dollar amount submitted by a bidder.\n\nBidder  means a permit holder who submits a bid.\n\nCommercial Fisheries Entry Commission (CFEC)  means the Alaska state commission mandated to conserve and maintain the economic health of Alaska's commercial fisheries by limiting the number of participating fishers, by issuing permits and vessel licenses to qualified individuals in both limited and unlimited fisheries, and by providing due process hearings and appeals.\n\nCFEC documents  means any documents issued by the CFEC in connection with the Southeast Alaska purse seine salmon fishery.\n\nConditional notice  means the CFEC form that any Bidder must sign and agree to abide by upon submission of a Bid Agreement (Appendix B to \u00a7 600.1107).\n\nConditional relinquishment  means the CFEC form that any Permit Holder, agreeing to relinquish a permit, must sign and agree to abide by upon SRA acceptance of the bid (Appendix C to \u00a7 600.1107).\n\nFishery  means the Southeast Alaska administrative area as defined under Title 5 Alaska Administrative Code Section 33.100 for salmon with purse seine gear.\n\nMagnuson-Stevens Act  means the Magnuson-Stevens Fishery Conservation and Management Act codified at 16 U.S.C. 1801  et seq.\n\nPermit (Southeast Salmon Purse Seine Entry Permit)  means a valid entry permit issued by CFEC to operate in the Southeast Alaska purse seine salmon fishery.\n\nPermit holder  means an individual who at the time of bidding is the holder of record of a permit.\n\nReduction fishery  means the Southeast Alaska Purse Seine Salmon Fishery.\n\nReduction loan  means the loan used to purchase the relinquished permits pursuant to the approved Reduction Plan.\n\nReduction loan amount  means the Reduction Loan's original principal amount up to $23,476,500.\n\nReduction plan  means the aggregate of all Bids, Relinquishment Contracts, Conditional Notices, Conditional Relinquishments, and supporting documents and rationale, submitted to the Secretary for approval.\n\nRelinquishment contract  means the contract that any Permit Holder agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150(i)) must sign and agree to abide by upon acceptance of the Bid, and before payment of the bid amount (Appendix A to \u00a7 600.1107).\n\nSecretary  means the Secretary of Commerce or his/her designee.\n\nSoutheast Revitalization Association (SRA)  means the qualified fishery association authorized to develop and implement this capacity reduction program under Alaska Statute 16.40.250 and Federal law.\n\n(c)  Enrollment in the capacity reduction program \u2014(1)  Distribution.  The SRA shall mail a copy of the following four documents via certified mail to each Permit Holder: Bid; Fleet Consolidation Relinquishment Contract (Relinquishment Contract); Conditional Notice to CFEC and Request by Permit Holder; and (Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit. Such mailing shall include a closing date after which the SRA will not accept new bids.\n\n(2)  Application.  Any Permit Holder, regardless of whether having received the mailing described in paragraph (c)(1) of this section, may participate in the Capacity Reduction Program by submitting all of the following documents to the SRA no later than the bid closing date:\n\n(i) A fully executed Bid consistent with Appendix A to this section;\n\n(ii) A photocopy of the permit evidencing the applicant's qualification as a participant in the fishery;\n\n(iii) A fully executed Relinquishment Contract: Southeast Alaska Salmon Purse Seine Permit Holders consistent with the appendix B to this section;\n\n(iv) A fully executed Conditional Notice to CFEC and Request by Permit Holder consistent with the appendix C to this section; and\n\n(v) A fully executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit consistent with the appendix D to this section.\n\n(A) The submitted Bid shall include the following information: Name, address, telephone number, social security number, and (if available) electronic mail address of the submitting Permit Holder, permit number, and whether any authorized party holds a security interest in the permit. Each application must be submitted to the SRA, c/o Elgee, Rehfeld, Mertz, LLC, Professional Plaza Building B, 9309 Glacier Highway, Suite B-200, Juneau, Alaska 99801. The initial determination that an application conforms to the prescribed requirements is made by this independent accounting firm and not the SRA.\n\n(B) The SRA or the independent accounting firm will notify the Permit Holder if the Bid is non-conforming and, in such cases, the Permit Holder may submit a revised, conforming Bid within the prescribed period ( i.e.,  until the bid closing date).\n\n(3)  Enrollment period.  Applications that meet all requirements will be accepted until the bid selection process is completed but no later than the bid closing date specified by the SRA. The SRA will have a period of 21 days after the bid closing date to consult with CFEC and examine bid results to complete the selection process.\n\n(4)  Effective date.  The effective date of any Bid shall be when the SRA has completed the selection process and signed the Bid.\n\n(5)  Notice.  The SRA will notify each Accepted Bidder, via certified mail, of the effective date of the Bid Agreement.\n\n(6)  Conflicts.  Where terms and conditions in the Bid, Relinquishment Contract, Conditional Notice, and Conditional Relinquishment conflict with this regulation, the terms and conditions in the regulation are controlling.\n\n(d)  Bid selection process.  The fishing capacity removed by the Reduction Plan shall be represented by the total number of valid CFEC permits, whether active or latent, that are voluntarily offered by Permit Holders and selected by the SRA up to an aggregate amount of $23,476,500. Due to a rescission of funds, the underlying appropriations for this Reduction Program were reduced from $250,000 to $234,765, resulting in a loan ceiling of $23,476,500.\n\n(1)  Overview.  The Selection Process shall begin upon the receipt by the SRA of the first application and shall continue until: The bid closing date specified by the SRA (paragraph (c)(1) of this section); or the ranking of the next lowest bid would cause the total program costs to exceed $23,476,500. The SRA will have a period of 21 days after the bid closing date to consult with CFEC and examine bid results to complete the selection process. When either one of these events is reached, the Selection Process shall be completed.\n\n(i) During the selection process, the SRA in consultation with the CFEC shall examine each submitted Bid for consistency and the necessary elements, including the validity of the permit and whether any authorized party holds a security interest in the permit.\n\n(ii) [Reserved]\n\n(2)  Bids.  By submitting the Bid, the bidder expressly acknowledges that he makes an irrevocable offer to relinquish to CFEC a permit for a specific price, and once having submitted the Bid, the bidder is not entitled to withdraw or in any way amend the Bid. The permit will be relinquished for the price set forth in the Bid contingent on such Bid being accepted by the SRA at the closing of the Selection Process. Any attempted withdrawal by a bidder shall be invalid, and the Bid shall remain a binding, irrevocable offer, unaffected by the attempted withdrawal. Any bid that is submitted by a Permit Holder but is not accepted by the SRA shall be deemed terminated and both the Permit Holder and the SRA will have no further obligation with respect to the Bid.\n\n(i) If a Permit Holder holds more than one permit, the Permit Holder must submit a separate Bid for each permit that he/she offers to relinquish.\n\n(ii) By submitting a Bid, the Permit Holder warrants and represents that he/she has read and understands the terms of the Program Regulations, Bid, Relinquishment Contract, Conditional Notice and Conditional Relinquishment, and has had the opportunity to seek independent legal counsel regarding such documents and the consequences of submitting the Bid Agreement.\n\n(3)  Ranking.  The SRA shall rank all conforming bids by using a reverse auction in which the SRA ranks the Bid with the lowest dollar amount and successively ranks each additional Bid with the next lowest dollar amount until there are no more Bids or the ranking of the next lowest bid would cause the total program cost to exceed $23,476,500. In the event of a tie with bids which results in the tied bids exceeding $23,476,500, the SRA will select the tied bid first received, if known. If the receipt time cannot be determined, neither bid will be accepted.\n\n(4)  Acceptance and post-acceptance restriction of renewals and transfers.  Upon expiration of the bid closing date, the SRA shall determine whether the number of ranked bids it is willing to accept is sufficient to achieve a substantial reduction in harvest capacity and increased economic efficiencies for those Permit Holders remaining in the fishery. If the SRA makes such a determination and thereafter accepts bids, the SRA shall send CFEC the Conditional Notice form restricting renewal and transfer of each permit for which a bid was accepted. The Bid, Relinquishment Contract, Conditional Notice and Conditional Relinquishment are terminated for any rejected bid and the applicant is no longer bound by the terms of these documents.\n\n(e)  Plan submission and approval \u2014(1)  Submitting the reduction plan.  Within 30 days of concluding the selection process, the SRA shall submit the Reduction Plan, consisting of the aggregate of all Bid Agreements, Relinquishment Contracts, Conditional Notices and Conditional Relinquishments, together with supporting documents and rationale, to NMFS for final approval on behalf of the Secretary. The Reduction Plan shall include a listing of accepted bids arranged by bid amount from lowest to highest bid, attended by a statement from the SRA that all other bids received were higher than the largest dollar amount of the last bid accepted.\n\n(2)  Required findings.  In order to approve a Reduction Plan, the Assistant Administrator of NMFS, on behalf of the Secretary, must find that: The Reduction Plan is consistent with the amended Consolidated Appropriations Act of 2005 and applicable sections of the Magnuson-Stevens Act, particularly that it is cost-effective; the Reduction Plan will result in the maximum sustained reduction in fishing capacity at the least cost; and the Reduction Plan will increase harvesting productivity for post-reduction Permit Holders participating in the fishery.\n\n(3)  The referendum.  If NMFS approves the Reduction Plan and subsequent to the publication of a final rule resulting from this rule, NMFS shall conduct a referendum to determine the industry's willingness to repay a fishing capacity reduction loan to purchase the permits identified in the Reduction Plan. NMFS shall publish a notice in the  Federal Register  requesting votes by Permit Holders on whether to accept or reject the Reduction Plan for implementation. The notice shall state the starting and ending dates and times of the voting period, which shall be not less than twenty one (21) nor more than thirty (30) calendar days from the date of such notice.\n\n(i) Such notice shall state the name and address of record of each eligible voter, as well as the basis for having determined the eligibility of those voters. This shall constitute notice and opportunity to respond about adding eligible voters, deleting ineligible voters, and/or correcting any voter's name and address of record, and will provide a 15 day period to make these changes. If, in NMFS' discretion, the comments received in response to such notice warrants it, or for other good cause, NMFS may modify such list by publishing another notice in the  Federal Register.  NMFS shall issue ballots to eligible voters, tally votes, and notify voters whether the referendum was successful or unsuccessful in approving the Reduction Plan consistent with the provisions of \u00a7 600.1010.\n\n(ii) A successful referendum by a majority of the Permit Holders in the Reduction Fishery shall bind all parties and complete the reduction process. NMFS shall publish a notice in the  Federal Register  advising the public that the referendum was successful. Thereafter the Reduction Program shall be implemented.\n\n(iii) The provisions of \u00a7 600.1010 and \u00a7 600.1017(a)(1)-(4) shall apply to any referendum on the Reduction Plan of this section to the extent that they do not conflict with this section or with subpart M of this part.\n\n(f)  Implementation \u2014(1)  Reduction payments.  Within 60 days of a successful referendum, the CFEC will provide notice to NMFS of the permits retired from the Reduction Fishery. Upon receiving such notification, NMFS will then tender the accepted bid amounts to the Permit Holders. Reduction payments may not exceed $23,476,500 and if the SRA accepts a total number of bids in an aggregate amount less than $23,476,500, any remaining funds would be available for reduction payments as part of a later, separate Reduction Plan conforming to these regulations. Upon NMFS tendering the reduction program's payments to the selected Permit Holders, each such Permit Holder must permanently stop all fishing with the relinquished permit(s).\n\n(2)  Repayment term.  As authorized by the Act, the Reduction Loan shall be amortized over a forty (40) year term. The Reduction Loan's original principal amount may not exceed $23,476,500, but may be less if the ultimate reduction cost is less. The final Reduction Loan periodic payment amount will be determined by NMFS' analysis of the ability of the post-reduction fishery to service debt. The provisions of \u00a7\u00a7 600.1012-600.1017 shall apply to any reduction loan, fee payment and collection under this section to the extent they do not conflict with this section or with subpart M of this part.\n\n(3)  Loan repayment.  Permit Holders operating in the fishery shall be obligated to pay the fee in accordance with this section. In the event that payments made under the Reduction Plan are insufficient to pay the Reduction Loan within the 40-year term, NMFS shall extend the term of the repayment until the Reduction Loan is paid in full.\n\n(i)  Interest.  The Reduction Loan's interest rate will be the U.S. Treasury's cost of borrowing equivalent maturity funds plus two percent. NMFS will determine the Reduction Loan's initial interest rate when NMFS borrows from the U.S. Treasury the funds with which to disburse reduction payments. Interest will begin accruing on the Reduction Loan from the date on which NMFS disburses such loan. The initial interest rate will change to a final interest rate at the end of the Federal fiscal year in which NMFS borrows the funds from the U.S. Treasury. The final interest rate will be two percent plus a weighted average, throughout that fiscal year, of the U.S. Treasury's cost of borrowing equivalent maturity funds. The final interest rate will be fixed and will not vary over the remainder of the reduction loan's 40-year term. The Reduction Loan will be subject to a level debt amortization. There is no prepayment penalty.\n\n(ii)  Fees.  Post-reduction Permit Holders operating in the fishery shall be obligated to pay the fee in accordance with paragraph (f) of this section. The amount of such fee will be calculated by NMFS on an annual basis as the principal and interest payment amount necessary to amortize the loan over a 40-year term. The fee shall be expressed as a percentage of the ex-vessel value of all salmon harvested and landed in the fishery. In the event that payments made under the Reduction Plan are insufficient to repay the Reduction Loan within the 40-year term, NMFS shall extend the term of the repayment until the Reduction Loan is paid in full.\n\n(A) Fees must be assessed and collected on all salmon harvested in the fishery. Although the fee could be up to three percent of the ex-vessel price of all post-reduction landings, the fee will be less than three percent if NMFS projects that a lesser rate can amortize the Reduction Loan over the 40-year term. To verify that the fees collected do not exceed three percent of the fishery revenues, NMFS will compare the annual total of principal and interest due with the latest available annual revenues in the fishery to ensure that it is equal to or less than three percent of the total ex-vessel production revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or postponed, the fee will remain at the previous year's amount until such time as new calculations are made and communicated to the post-reduction fishery participants.\n\n(B) If the fishery does not open during a year, interest will continue to accrue on the principal balance even though no fee revenue will be generated. When this happens, if the fee is not already at the maximum three percent, NMFS shall increase the fee to the maximum three percent, apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until the principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate.\n\n(iii)  Collection.  The buyer who first purchases the salmon landed in the fishery shall be responsible for collecting and submitting the repayment fees to NMFS monthly. The fees shall be submitted to NMFS no later than fifteen (15) calendar days following the end of each calendar month.\n\n(iv)  Recordkeeping and reporting.  The dealer who first purchases the salmon landed in the fishery shall be responsible for compliance with the applicable recordkeeping and reporting requirements.\n\n(A) All requirements and penalties set forth in the provisions of \u00a7\u00a7 600.1013 (Fee payment and collection), 600.1014 (Fee collection deposits, disbursements, records, and reports), 600.1015 (Late charges), and 600.1017 (Prohibitions and penalties) shall apply to any dealer who purchases salmon in the fishery, and to any fee collection under this section, to the extent they do not conflict with this section or with subpart M of this part.\n\n(B) [Reserved]\n\n(g)  Specific performance under the relinquishment contract.  The parties to the Relinquishment Contract have agreed that the opportunity to develop and submit a capacity reduction program for the fishery under the terms of the Act is both unique and finite. The failure of a Permit Holder, whose bid was accepted, to perform the obligations under the Relinquishment Contract will result in irreparable damage to the SRA and all the other Permit Holders. Accordingly, the parties to the Relinquishment Contract expressly acknowledge that money damages are an inadequate means of redress and agree, that upon failure of the Permit Holder to fulfill his/her obligations under the Relinquishment Contract, that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action.\n\n(h)  Enforcement for failure to pay fees.  The provisions and requirements of \u00a7 600.1016 (Enforcement) shall also apply to fish sellers and fish buyers subject to this fishery.\n\n(i)  Prohibitions and penalties.  Fish buyers are prohibited from purchasing fish from fish sellers who do not pay the required landing fees. Fish sellers are prohibited from selling to fish buyers who do not pay the required landing fees.\n\nAppendix A to \u00a7 600.1107\u2014Bid\n \n This Bid (Bid) is entered between the individual named in section III, 11(a) of the Agreement and the Southeast Revitalization Association (SRA).\n \n I. Definitions\n \n Unless otherwise defined, the following terms have the following meanings for the purpose of this Agreement.\n \n Acceptance  means SRA acceptance of a Bid.\n \n Act  means Section 209 of Title II of Division B of Public Law 108-447, Consolidated Appropriations Act of 2005; as amended by Section 121 of Public Law 109-447, Magnuson-Stevens (MSA) Reauthorization Act of 2006.\n \n Bid  means a bidder's irrevocable offer to relinquish a permit.\n \n Bid amount  means the dollar amount submitted by a bidder.\n \n Bidder  means a permit holder who submits a bid.\n \n Conditional notice  means the Commercial Fisheries Entry Commission (CFEC) form that any Bidder must sign and agree to abide by upon submission of a Bid Agreement.\n \n Conditional relinquishment  means the CFEC form that any Permit Holder, agreeing to relinquish a permit, must sign and agree to abide by upon SRA acceptance of the bid.\n \n Fishery  means the Southeast Alaska administrative area as defined under Title 5 Alaska Administrative Code Section 33.100 for salmon with purse seine gear.\n \n Permit  means a valid entry permit issued by CFEC to operate in the Southeast Alaska purse seine salmon fishery.\n \n Permit holder  means an individual who at the time of bidding is the holder of record of a permit.\n \n Reduction plan  means the aggregate of all Bids, Relinquishment Contracts (Appendix B), Commercial Fisheries Entry Commission (\u201cCFEC\u201d) Conditional Notice and Conditional Relinquishment (Appendices C & D), and supporting documents and rationale; submitted to the Secretary for approval.\n \n Referendum  means the voting procedure to determine the Permit Holder's willingness to repay a fishing capacity reduction loan to purchase the permits identified in the Plan.\n \n Relinquishment contract  means the contract that any bidder agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150(i) must sign and agree to abide by upon acceptance of the Bid, and before payment of the bid amount.\n \n Secretary  means the Secretary of Commerce or his/her designee.\n \n Southeast Revitalization Association (SRA)  means the qualified fishery association authorized to develop and implement this capacity reduction program under Alaska Statute 16.40.250 and Federal law.\n \n II. Recitals\n \n Whereas Alaska Statute 16.40.250 and the Act authorize a fishing capacity reduction program for the fishery;\n \n Whereas, within 30 days of concluding the selection process, the SRA shall submit the Reduction Plan, together with supporting documents and rationale, to NMFS for final approval on behalf of the Secretary;\n \n Whereas, the reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;\n \n Whereas, the SRA can implement the Reduction Plan only after giving notice to all Permit Holders and subsequent approval of the reduction Plan by referendum.\n \n Whereas, the Agreement submitted by the bidder and the SRA is an integral element of the Reduction Plan.\n \n Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the SRA and bidder agree as follows:\n \n III. Terms and Conditions\n \n 1.  Form.  By completing and submitting this Bid to the SRA the bidder hereby offers to permanently relinquish, and have the CFEC revoke, the permit. The SRA signing the Bid and subsequent NMFS payment to bidder in the exact bid amount set forth in section III, 11(f) of the Bid is full and complete consideration.\n \n 2.  Irrevocable.  The bidder expressly acknowledges that by submitting the Bid he/she makes an irrevocable offer to relinquish the permit and once having submitted the Bid is not entitled to withdraw or in any manner amend the Bid. The receipt date that the SRA marks on the Bid constitutes the date of the bidder's submittal.\n \n 3.  Warranty.  The bidder warrants and represents that he/she is the holder of record of the permit, according to the CFEC records, and that he/she has read and understands the terms of the Program Regulations, Bid, Relinquishment Contract, Conditional Notice and the Conditional Relinquishment and has had the opportunity to seek independent legal counsel regarding such documents and the consequences of submitting the Bid.\n \n 4.  Validity.  The SRA, in consultation with the CFEC, shall examine each Bid for completeness and consistency. The SRA shall notify the bidder if the Bid is non-conforming. In such cases, the bidder may submit a revised, conforming Bid within the prescribed period ( i.e.,  until the bid closing date).\n \n 5.  Ranking.  The SRA shall rank the bid amount entered in section III, 11(f) of this Bid by using a reverse auction in which the SRA ranks the Bid with the lowest dollar amount and successively ranks each additional Bid with the next lowest dollar amount until there are no more Bids or the ranking of the next lowest Bid would exceed the total program cost. In the event of a tie with bids which results in the tied bids exceeding $23,476,500, the SRA will select the tied bid first received.\n \n 6.  Acceptance and Rejection.  If the Bid is accepted, the SRA shall formally notify the bidder in writing. If the SRA rejects the Bid, the SRA will formally notify the bidder in writing and the Bid shall terminate without further obligation.\n \n 7.  Restriction of Transfer of permit:  Upon acceptance, the SRA will send the CFEC the Conditional Notice, restricting transfer of the permit until such time as: The SRA notifies the bidder that the Plan is not in compliance with the Act and will not be approved; or NMFS notifies the bidder the referendum was unsuccessful.\n \n 8.  Payment.  Within 60 days from the close of the voting period of a successful referendum, the CFEC will provide notice to NMFS of the permits retired from the Reduction Fishery. Upon receiving such notice, NMFS will then tender the accepted bid amounts to the Permit Holders.\n \n 9.  Specific Performance.  The failure of a bidder whose Bid was accepted to comply with the terms of this Bid will result in irreparable damage to the SRA and its members because the Bid was part of the basis for the Plan submitted to the Secretary for approval. Accordingly, the SRA and bidder expressly acknowledge that money damages are an inadequate means of redress and agree that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action.\n \n 10.  Submission.  This Bid must be submitted within the prescribed period to the SRA, c/o Elgee, Rehfeld, Mertz, LLC, Professional Plaza Building B, 9309 Glacier Highway, Suite B-200, Juneau, AK 99801.\n \n 11.  Complete Bid Information:  To fully and accurately complete this Bid, the bidder must fully complete the following questions and provide an exact photocopy of the permit. The Bidder must further sign this form, Appendices B, C, and D to \u00a7 600.1107, and acknowledge the signature before a notary public.\n \n (a) BIDDER'S NAME. This must be the full and exact legal name of record of the person bidding. Insert the name of the bidder.\n \n  \n  \n   \n (b) BIDDER'S ADDRESS OF RECORD. Insert the full and exact address of record for the bidder.\n \n  \n  \n  \n  \n   \n (c) BIDDER'S TELEPHONE NUMBER. Insert the full and exact telephone number of the bidder.\n \n  \n  \n   \n (d) BIDDER'S ELECTRONIC MAIL ADDRESS (if available). Insert the full and exact e-mail address of the bidder.\n \n  \n  \n   \n (e) PERMIT. Insert the full and exact permit number(s) of the bidder. Enclose with this Bid an exact photocopy of the permit.\n \n  \n  \n   \n (f) BID AMOUNT. Insert, in U.S. dollars, the bid's full and exact amount, both in words and numbers.\n \n In words\n In numbers\n   $\n    \n (g) SECURITY INTERESTS. Insert the name of any authorized third party that may hold a security interest in the permit.\n \n  \n   \n (h) SOCIAL SECURITY NUMBER. Insert the full and exact social security number of the bidder.\n \n  \n  \n   \n (i) BID SIGNATURE. In compliance with applicable law and this Bid, the bidder submits the above bid amount as an offer to the SRA for the permanent relinquishment of his/her permit. By completing the sections above and signing below, the bidder acknowledges that the bidder has completely reviewed this Bid and attachments. The bidder warrants that the bidder is fully able to enter into the Relinquishment Contract. The bidder expressly warrants and attests that all information included herein is accurate.\n \n Signature\n   \n  Printed Name\n   \n  Date of Signature\n     \n State of: ________________ County/Borough of: ________________\n \n I certify that ________________________ is the person who appeared before me and said person acknowledged that he/she signed this Bid and on oath stated that he/she was authorized to execute such document and acknowledged it to be the free and voluntary act of him/her for the uses and purposes mentioned in such document.\n \n Notary Public's Signature: ________________________Dated: ____________\n \n My Commission Expires: ________________________\n \n 12. SRA SIGNATURE. By signing below, the SRA acknowledges acceptance of this Bid, including the bidder's bid amount.\n \n Signature\n   \n  Printed Name\n   \n  Date of Signature\n\nThis Bid (Bid) is entered between the individual named in section III, 11(a) of the Agreement and the Southeast Revitalization Association (SRA).\n\nUnless otherwise defined, the following terms have the following meanings for the purpose of this Agreement.\n\nAcceptance  means SRA acceptance of a Bid.\n\nAct  means Section 209 of Title II of Division B of Public Law 108-447, Consolidated Appropriations Act of 2005; as amended by Section 121 of Public Law 109-447, Magnuson-Stevens (MSA) Reauthorization Act of 2006.\n\nBid  means a bidder's irrevocable offer to relinquish a permit.\n\nBid amount  means the dollar amount submitted by a bidder.\n\nBidder  means a permit holder who submits a bid.\n\nConditional notice  means the Commercial Fisheries Entry Commission (CFEC) form that any Bidder must sign and agree to abide by upon submission of a Bid Agreement.\n\nConditional relinquishment  means the CFEC form that any Permit Holder, agreeing to relinquish a permit, must sign and agree to abide by upon SRA acceptance of the bid.\n\nFishery  means the Southeast Alaska administrative area as defined under Title 5 Alaska Administrative Code Section 33.100 for salmon with purse seine gear.\n\nPermit  means a valid entry permit issued by CFEC to operate in the Southeast Alaska purse seine salmon fishery.\n\nPermit holder  means an individual who at the time of bidding is the holder of record of a permit.\n\nReduction plan  means the aggregate of all Bids, Relinquishment Contracts (Appendix B), Commercial Fisheries Entry Commission (\u201cCFEC\u201d) Conditional Notice and Conditional Relinquishment (Appendices C & D), and supporting documents and rationale; submitted to the Secretary for approval.\n\nReferendum  means the voting procedure to determine the Permit Holder's willingness to repay a fishing capacity reduction loan to purchase the permits identified in the Plan.\n\nRelinquishment contract  means the contract that any bidder agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150(i) must sign and agree to abide by upon acceptance of the Bid, and before payment of the bid amount.\n\nSecretary  means the Secretary of Commerce or his/her designee.\n\nSoutheast Revitalization Association (SRA)  means the qualified fishery association authorized to develop and implement this capacity reduction program under Alaska Statute 16.40.250 and Federal law.\n\nWhereas Alaska Statute 16.40.250 and the Act authorize a fishing capacity reduction program for the fishery;\n\nWhereas, within 30 days of concluding the selection process, the SRA shall submit the Reduction Plan, together with supporting documents and rationale, to NMFS for final approval on behalf of the Secretary;\n\nWhereas, the reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;\n\nWhereas, the SRA can implement the Reduction Plan only after giving notice to all Permit Holders and subsequent approval of the reduction Plan by referendum.\n\nWhereas, the Agreement submitted by the bidder and the SRA is an integral element of the Reduction Plan.\n\nNow, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the SRA and bidder agree as follows:\n\n1.  Form.  By completing and submitting this Bid to the SRA the bidder hereby offers to permanently relinquish, and have the CFEC revoke, the permit. The SRA signing the Bid and subsequent NMFS payment to bidder in the exact bid amount set forth in section III, 11(f) of the Bid is full and complete consideration.\n\n2.  Irrevocable.  The bidder expressly acknowledges that by submitting the Bid he/she makes an irrevocable offer to relinquish the permit and once having submitted the Bid is not entitled to withdraw or in any manner amend the Bid. The receipt date that the SRA marks on the Bid constitutes the date of the bidder's submittal.\n\n3.  Warranty.  The bidder warrants and represents that he/she is the holder of record of the permit, according to the CFEC records, and that he/she has read and understands the terms of the Program Regulations, Bid, Relinquishment Contract, Conditional Notice and the Conditional Relinquishment and has had the opportunity to seek independent legal counsel regarding such documents and the consequences of submitting the Bid.\n\n4.  Validity.  The SRA, in consultation with the CFEC, shall examine each Bid for completeness and consistency. The SRA shall notify the bidder if the Bid is non-conforming. In such cases, the bidder may submit a revised, conforming Bid within the prescribed period ( i.e.,  until the bid closing date).\n\n5.  Ranking.  The SRA shall rank the bid amount entered in section III, 11(f) of this Bid by using a reverse auction in which the SRA ranks the Bid with the lowest dollar amount and successively ranks each additional Bid with the next lowest dollar amount until there are no more Bids or the ranking of the next lowest Bid would exceed the total program cost. In the event of a tie with bids which results in the tied bids exceeding $23,476,500, the SRA will select the tied bid first received.\n\n6.  Acceptance and Rejection.  If the Bid is accepted, the SRA shall formally notify the bidder in writing. If the SRA rejects the Bid, the SRA will formally notify the bidder in writing and the Bid shall terminate without further obligation.\n\n7.  Restriction of Transfer of permit:  Upon acceptance, the SRA will send the CFEC the Conditional Notice, restricting transfer of the permit until such time as: The SRA notifies the bidder that the Plan is not in compliance with the Act and will not be approved; or NMFS notifies the bidder the referendum was unsuccessful.\n\n8.  Payment.  Within 60 days from the close of the voting period of a successful referendum, the CFEC will provide notice to NMFS of the permits retired from the Reduction Fishery. Upon receiving such notice, NMFS will then tender the accepted bid amounts to the Permit Holders.\n\n9.  Specific Performance.  The failure of a bidder whose Bid was accepted to comply with the terms of this Bid will result in irreparable damage to the SRA and its members because the Bid was part of the basis for the Plan submitted to the Secretary for approval. Accordingly, the SRA and bidder expressly acknowledge that money damages are an inadequate means of redress and agree that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action.\n\n10.  Submission.  This Bid must be submitted within the prescribed period to the SRA, c/o Elgee, Rehfeld, Mertz, LLC, Professional Plaza Building B, 9309 Glacier Highway, Suite B-200, Juneau, AK 99801.\n\n11.  Complete Bid Information:  To fully and accurately complete this Bid, the bidder must fully complete the following questions and provide an exact photocopy of the permit. The Bidder must further sign this form, Appendices B, C, and D to \u00a7 600.1107, and acknowledge the signature before a notary public.\n\n(a) BIDDER'S NAME. This must be the full and exact legal name of record of the person bidding. Insert the name of the bidder.\n\n(b) BIDDER'S ADDRESS OF RECORD. Insert the full and exact address of record for the bidder.\n\n(c) BIDDER'S TELEPHONE NUMBER. Insert the full and exact telephone number of the bidder.\n\n(d) BIDDER'S ELECTRONIC MAIL ADDRESS (if available). Insert the full and exact e-mail address of the bidder.\n\n(e) PERMIT. Insert the full and exact permit number(s) of the bidder. Enclose with this Bid an exact photocopy of the permit.\n\n(f) BID AMOUNT. Insert, in U.S. dollars, the bid's full and exact amount, both in words and numbers.\n\n(g) SECURITY INTERESTS. Insert the name of any authorized third party that may hold a security interest in the permit.\n\n(h) SOCIAL SECURITY NUMBER. Insert the full and exact social security number of the bidder.\n\n(i) BID SIGNATURE. In compliance with applicable law and this Bid, the bidder submits the above bid amount as an offer to the SRA for the permanent relinquishment of his/her permit. By completing the sections above and signing below, the bidder acknowledges that the bidder has completely reviewed this Bid and attachments. The bidder warrants that the bidder is fully able to enter into the Relinquishment Contract. The bidder expressly warrants and attests that all information included herein is accurate.\n\nState of: ________________ County/Borough of: ________________\n\nI certify that ________________________ is the person who appeared before me and said person acknowledged that he/she signed this Bid and on oath stated that he/she was authorized to execute such document and acknowledged it to be the free and voluntary act of him/her for the uses and purposes mentioned in such document.\n\nNotary Public's Signature: ________________________Dated: ____________\n\nMy Commission Expires: ________________________\n\n12. SRA SIGNATURE. By signing below, the SRA acknowledges acceptance of this Bid, including the bidder's bid amount.\n\nAppendix B to \u00a7 600.1107\u2014Relinquishment Contract: Southeast Alaska Salmon Purse Seine Permit Holders\n \n This Relinquishment Contract (\u201cContract\u201d) and agreement is entered into between the Southeast Revitalization Association (\u201cSRA\u201d) and the bidder named in Section 11(a) of the Bid. The contract is effective when the bidder signs the Bid and this contract and, thereby, agrees to relinquish his/her permit, issued by the Alaska Commercial Fisheries Entry Commission (\u201cCFEC\u201d) for the Southeast Alaska salmon purse seine fishery (\u201cfishery\u201d).\n \n Whereas Alaska Statute 16.40.250 and Federal law authorize a fishing capacity reduction program for the fishery;\n \n Whereas, upon accepting and signing the Bid, the SRA shall submit a Reduction Plan to NMFS;\n \n Whereas, the Reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;\n \n Whereas, this contract is subject to the terms and conditions set forth herein, including the CFEC forms marked as Appendices C and D to \u00a7 600.1107;\n \n Now, therefore, for valuable consideration and the covenants hereinafter set forth, the parties hereto agree as follows:\n \n 1. The foregoing, including the Bid and specifically the definitions under section 1, are expressly incorporated herein by this reference.\n \n 2. Under AS 16.43.150(i), the Bidder agrees to permanently relinquish and have the CFEC revoke the permit.\n \n 3. The Bidder represents that, as of the date of submitting the contract, he or she is the holder of record of the permit according to the CFEC official permit records.\n \n 4. Upon notification by the SRA to the Bidder that the SRA accepted the bid; the SRA will submit to the CFEC the Permit Holder's executed notice form (Appendix C to \u00a7 600.1107) and executed relinquishment form (Appendix D to \u00a7 600.1107).\n \n 5. In the event an authorized third party holds a security interest in the permit, NMFS will not make payment until receiving notice of written consent by the third party to the SRA and the CFEC on a form provided by the CFEC.\n \n 6. NMFS' payment to the accepted bidder in the exact amount of the accepted bid amount is full and complete consideration for the CFEC revoking the permit.\n \n 7. The bidder shall, upon the SRA or the CFEC request, furnish such additional documents, information, or take such other actions as may be reasonably required to enable the CFEC to implement relinquishment of the permit.\n \n 8. The bidder consents to the public release of any information provided in connection with the contract or program requirements after completion of the plan.\n \n 9. The contract contains the final terms and conditions of this agreement between the parties and represents the entire and exclusive agreement between them.\n \n 10. The contract terms are severable, and, in the event that any portion of the contract is held to be unenforceable, the remaining portion shall remain fully enforceable against the parties.\n \n 11. Any and all disputes involving the contract shall be governed by laws of the State of Alaska. The bidder expressly acknowledges that by submitting the Bid, he/she makes an irrevocable offer to relinquish the permit, and once having submitted the Bid, is not entitled to withdraw or in any way amend the Bid.\n \n 12. The failure of a bidder to perform his/her obligations under the Bid will result in irreparable damage to the SRA and its members upon submittal of the Plan to the Secretary for approval. Accordingly, the SRA and the bidder expressly acknowledge that money damages are an inadequate means of redress and agree that upon failure of the bidder to fulfill his/her obligations under the Bid that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action.\n \n Bidder's Signature and Notary's Acknowledgement and Certification\n Bidder signature\n Notary signature\n (1) Sign (1) Sign\n (2) Print the following: (2) Print the following:\n (a) signer's name (a) name\n (b) signing date (b) signing date\n (c) state and city/borough (3) date commission expires, and State and city/borough. Each notary signature attests to the following: \u201cI certify that I know or have satisfactory evidence that the person who is signed in the 1st column of this same row is the person who appeared before me and: (1) Acknowledged his/her signature; (2) on oath, stated that he/she was authorized to sign; and (3) acknowledged that he/she did so freely and voluntarily.\u201d\n (1) (1)\n (2)(a) (2)(a)\n (2)(b) (2)(b)\n (2)(c) (3) \n II. Southeast Revitalization Association signature Southeast Revitalization Association\n \n Dated:\n \n By:\n\nThis Relinquishment Contract (\u201cContract\u201d) and agreement is entered into between the Southeast Revitalization Association (\u201cSRA\u201d) and the bidder named in Section 11(a) of the Bid. The contract is effective when the bidder signs the Bid and this contract and, thereby, agrees to relinquish his/her permit, issued by the Alaska Commercial Fisheries Entry Commission (\u201cCFEC\u201d) for the Southeast Alaska salmon purse seine fishery (\u201cfishery\u201d).\n\nWhereas Alaska Statute 16.40.250 and Federal law authorize a fishing capacity reduction program for the fishery;\n\nWhereas, upon accepting and signing the Bid, the SRA shall submit a Reduction Plan to NMFS;\n\nWhereas, the Reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;\n\nWhereas, this contract is subject to the terms and conditions set forth herein, including the CFEC forms marked as Appendices C and D to \u00a7 600.1107;\n\nNow, therefore, for valuable consideration and the covenants hereinafter set forth, the parties hereto agree as follows:\n\n1. The foregoing, including the Bid and specifically the definitions under section 1, are expressly incorporated herein by this reference.\n\n2. Under AS 16.43.150(i), the Bidder agrees to permanently relinquish and have the CFEC revoke the permit.\n\n3. The Bidder represents that, as of the date of submitting the contract, he or she is the holder of record of the permit according to the CFEC official permit records.\n\n4. Upon notification by the SRA to the Bidder that the SRA accepted the bid; the SRA will submit to the CFEC the Permit Holder's executed notice form (Appendix C to \u00a7 600.1107) and executed relinquishment form (Appendix D to \u00a7 600.1107).\n\n5. In the event an authorized third party holds a security interest in the permit, NMFS will not make payment until receiving notice of written consent by the third party to the SRA and the CFEC on a form provided by the CFEC.\n\n6. NMFS' payment to the accepted bidder in the exact amount of the accepted bid amount is full and complete consideration for the CFEC revoking the permit.\n\n7. The bidder shall, upon the SRA or the CFEC request, furnish such additional documents, information, or take such other actions as may be reasonably required to enable the CFEC to implement relinquishment of the permit.\n\n8. The bidder consents to the public release of any information provided in connection with the contract or program requirements after completion of the plan.\n\n9. The contract contains the final terms and conditions of this agreement between the parties and represents the entire and exclusive agreement between them.\n\n10. The contract terms are severable, and, in the event that any portion of the contract is held to be unenforceable, the remaining portion shall remain fully enforceable against the parties.\n\n11. Any and all disputes involving the contract shall be governed by laws of the State of Alaska. The bidder expressly acknowledges that by submitting the Bid, he/she makes an irrevocable offer to relinquish the permit, and once having submitted the Bid, is not entitled to withdraw or in any way amend the Bid.\n\n12. The failure of a bidder to perform his/her obligations under the Bid will result in irreparable damage to the SRA and its members upon submittal of the Plan to the Secretary for approval. Accordingly, the SRA and the bidder expressly acknowledge that money damages are an inadequate means of redress and agree that upon failure of the bidder to fulfill his/her obligations under the Bid that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action.\n\nBidder's Signature and Notary's Acknowledgement and Certification\n\nAppendix C to \u00a7 600.1107\u2014Conditional Notice to CFEC and Request by Permit Holder\n \n In support of my Bid to the Southeast Revitalization Association (SRA), I have executed this Conditional Notice and request and authorize the Southeast Revitalization Association (SRA) to submit this executed document to the Alaska Commercial Fisheries Entry Commission (CFEC) in the event that the SRA accepts my bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit under AS 16.43.150(i).\n \n I hereby notify the CFEC that the SRA has accepted my Bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit #______________.\n \n I request the CFEC: (1) not to renew my above-identified entry permit; and (2) not to authorize any transfer of my entry permit.\n \n DATED this ______ day of __________ , 2011.\n \n \n \n (Permit Holder/Bidder)\n \n SUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011.\n \n \n \n Notary Public, State of __________________\n \n My commission expires: ______________\n\nIn support of my Bid to the Southeast Revitalization Association (SRA), I have executed this Conditional Notice and request and authorize the Southeast Revitalization Association (SRA) to submit this executed document to the Alaska Commercial Fisheries Entry Commission (CFEC) in the event that the SRA accepts my bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit under AS 16.43.150(i).\n\nI hereby notify the CFEC that the SRA has accepted my Bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit #______________.\n\nI request the CFEC: (1) not to renew my above-identified entry permit; and (2) not to authorize any transfer of my entry permit.\n\nDATED this ______ day of __________ , 2011.\n\n(Permit Holder/Bidder)\n\nSUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011.\n\nNotary Public, State of __________________\n\nMy commission expires: ______________\n\nAppendix D to \u00a7 600.1107\u2014Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit\n \n [AS 16.43.150( i )]\n \n Upon satisfaction of the conditions that the Southeast Revitalization Association (SRA) accepts my bid and that NMFS agrees to pay my full bid amount to me, the SRA may submit this executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit to the Commercial Fisheries Entry Commission.\n \n I fully understand this relinquishment of my permanent entry permit #______________ under AS 16.43.150(i) is permanent, and I will not be able to reinstate the permit.\n \n DATED this ______ day of __________ , 2011.\n \n \n \n (Permit Holder/Bidder)\n \n SUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011.\n \n \n \n Notary Public, State of __________________\n \n My commission expires: ______________\n\nUpon satisfaction of the conditions that the Southeast Revitalization Association (SRA) accepts my bid and that NMFS agrees to pay my full bid amount to me, the SRA may submit this executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit to the Commercial Fisheries Entry Commission.\n\nI fully understand this relinquishment of my permanent entry permit #______________ under AS 16.43.150(i) is permanent, and I will not be able to reinstate the permit.\n\nDATED this ______ day of __________ , 2011.\n\n(Permit Holder/Bidder)\n\nSUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011.\n\nNotary Public, State of __________________\n\nMy commission expires: ______________"], ["50:50:12.0.1.1.1.13.1.9", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "M", "Subpart M\u2014Specific Fishery or Program Fishing Capacity Reduction Regulations", "", "\u00a7 600.1108 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program.", "FWS", "", "", "[77 FR 58779, Sept. 24, 2012]", "(a)  Purpose.  This section implements the capacity reduction program that Title II, section 219(e) of Public Law 108-447 established for the longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery.\n\n(b)  Definitions.  Unless otherwise defined in this section, the terms defined in \u00a7 600.1000 of subpart L and \u00a7 600.1105 of subpart M of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section:\n\nReduction fishery  means the Hook & Line, Catcher Processor (Longline Subsector); sometimes referred to as the \u201cH&LCP Subsector) portion of the BSAI Pacific cod ITAC (in metric tons) set by the North Pacific Fishery Management Council (NPFMC) in December of each year multiplied by 2,205 (i.e., the rounded number of pounds in a metric ton)or the Longline Subsector of the BSAI non-pollock groundfish fishery that \u00a7 679.2 of this chapter defined as groundfish area/species endorsement.\n\n(c)  Capacity Reduction Program.  As a result of the completion of the Selection Process, written notification from the FLCC to NMFS identifying the selected offeror, and submission of the reduction plan, the capacity reduction program is implemented as follows:\n\n(1)  Loan repayment \u2014(i)  Term.  As authorized by section 219(B)(2) of the Appropriations Act, the capacity reduction loan (the Reduction Loan) shall be amortized over a thirty (30) year term. The Reduction Loan's original principal amount may not exceed the amount approved by the subsector. The subsector has currently approved a loan of two million seven hundred thousand dollars ($2,700,000). Subsector Members acknowledge that in the event payments made under the Reduction Plan are insufficient to repay the actual loan, the term of repayment shall be extended by NMFS until the loan is paid in full. Repayment calculations and records will be kept separately for each program.\n\n(ii)  Interest.  The Reduction Loan's interest rate will be the U.S. Treasury's cost of borrowing equivalent maturity funds plus 2 percent. NMFS will determine the Reduction Loan's initial interest rate when NMFS borrows from the U.S. Treasury the funds with which to disburse reduction payments. The initial interest rate will change to a final interest rate at the end of the Federal fiscal year in which NMFS borrows the funds from the U.S. Treasury. The final interest rate will be 2 percent plus a weighted average, throughout that fiscal year, of the U.S. Treasury's cost of borrowing equivalent maturity funds. The final interest rate will be fixed, and will not vary over the remainder of the reduction loan's 30-year term. The Reduction loan will be subject to a level debt amortization. There is no prepayment penalty.\n\n(iii)  Fees.  The Reduction Loan shall be repaid by fees collected from the Longline Subsector. The fee amount will be based upon: The principal and interest due over the next twelve months divided by the product of the Longline Subsector. In the event that the Longline Subsector portion for the ensuing year is not available, the Longline Subsector portion forecast from the preceding year will be used to calculate the fee.\n\n(A) The fee will be expressed in cents per pound rounded up to the next one-tenth of a cent. For example: If the principal and interest due equal $2,900,000 and the Longline Subsector portion equals 100,000 metric tons, then the fee per round weight pound of Pacific cod will equal 1.4 cents per pound. [2,900,000/(100,000 \u00d7 2,205) = .01315]. The fee will be assessed and collected on Pacific cod to the extent possible and if not, will be assessed and collected as provided for in paragraph (c)(1)(iii)(B) of this section.\n\n(B) Fees must be assessed and collected on Pacific cod used for bait or discarded. Although the fee could be up to 5 percent of the ex-vessel production value of all post-reduction Longline Subsector landings, the fee will be less than 5 percent if NMFS projects that a lesser rate can amortize the fishery's reduction loan over the reduction loan's 30-year term. In the event that the total principal and interest due exceeds 5 percent of the ex-vessel Pacific cod revenues, a standardized additional fee will be assessed. The additional fee shall be one cent per pound round weight, which is calculated based on the latest available revenue records and NMFS conversion factors for pollock, arrowtooth flounder, Greenland turbot, skate, yellowfin sole and rock sole.\n\n(C) To verify that the fees collected do not exceed 5 percent of the fishery revenues, the annual total of principal and interest due will be compared to the latest available annual Longline Subsector revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or for any other reason NMFS believes the calculation must be postponed, the fee will remain at the previous year's amount until such a time that new calculations are made and communicated to the post-reduction fishery participants.\n\n(D) It is possible that the fishery may not open during some years and no Longline Subsector portion of the ITAC is granted. Consequently, the fishery will not produce fee revenue with which to service the reduction loan during those years. However, interest will continue to accrue on the principal balance. When this happens, if the fee rate is not already at the maximum 5 percent, NMFS will increase the fishery's fee rate to the maximum 5 percent of revenue for Pacific cod, apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until all principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate.\n\n(iv)  Reduction loan.  NMFS has promulgated framework regulations generally applicable to all fishing capacity reduction programs in subpart L of this part. The reduction loan shall be subject to the provisions of \u00a7 600.1012, except that: the subsector members' obligation to repay the reduction loan shall be discharged by the owner of the Longline Subsector license regardless of which vessel catches fish under this license and regardless of who processes the fish in the reduction fishery in accordance with \u00a7 600.1013. Longline Subsector license owners in the reduction fishery shall be obligated to collect the fee in accordance with \u00a7 600.1013.\n\n(v)  Collection.  The LLP License holders of vessels harvesting in the post-capacity reduction plan Longline Subsector shall be responsible for self-collecting the repayment fees owed by the LLP License holder. Fees shall be submitted to NMFS monthly and shall be due no later than fifteen (15) calendar days following the end of each calendar month.\n\n(vi)  Recordkeeping and reporting.  The holder of the LLP Licenses on which vessels harvesting in the post-capacity reduction plan Longline Subsector is designated shall be responsible for compliance with the applicable recordkeeping and reporting requirements.\n\n(2)  Agreement with Secretary.  The Selected Offeror shall complete and deliver to the FLCC for inclusion in the Reduction Plan submitted to NMFS, designee for the Secretary, a completed and fully executed Reduction Contract. The LLP License set forth on the Selected Offer shall be included as Reduction Fishing Interests in such Reduction Contract.\n\n(d)  Decisions of the Auditor and the FLCC.  Time was of the essence in developing and implementing a Reduction Plan and, accordingly, the Offeror is limited to, and bound by, the decisions of the Auditor and the FLCC.\n\n(1) The Auditor's examination of submitted applications, Offers, Prequalification Offers and Rankings was solely ministerial in nature. That is, the Auditor verified whether the documents submitted by Subsector Members were, on their face, consistent with each other and the Database, in compliance with the requirements set forth in the Reduction Agreement, and signed by an Authorized Party. The Auditor presumed the validity of all signatures on documents submitted. The Auditor made no substantive decisions as to compliance (e.g., whether an interim LLP License satisfies the requirements of the Act, or whether a discrepancy in the name appearing on LLP Licenses and other documents was material).\n\n(2) [Reserved]\n\n(e)  Specific performance.  The parties to the Reduction Agreement have agreed that the opportunity to develop and submit a capacity reduction program for the Longline Subsector under the terms of the Appropriations Act is both unique and finite and that failure of the Selected Offeror to perform the obligations provided by the Reduction Agreement will result in irreparable damage to the FLCC and the Subsector Members. Accordingly, the parties to the Reduction Agreement expressly acknowledge that money damages are an inadequate means of redress and agree that upon the failure of the Selected Offeror to fulfill their obligations under the Reduction Agreement that specific performance of those obligations may be obtained by suit in equity brought by the FLCC in any court of competent jurisdiction without obligation to arbitrate such action.\n\n(f)  Miscellaneous \u2014 (1)  Termination.  The Reduction Agreement may be terminated at any time prior to approval of the Reduction Plan by NMFS, on behalf of the Secretary, by written notice from 50 percent of Subsector Members.\n\n(2)  Choice of law/venue.  The Reduction Agreement shall be construed and enforced in accordance with the laws of the State of Washington without regard to its choice of law provisions. The parties submit to the exclusive personal jurisdiction of the United States District Court located in Seattle, Washington, with respect to any litigation arising out of or relating to the Reduction Agreement or out of the performance of services hereunder.\n\n(3)  Incorporation.  All executed counterparts of the Reduction Agreement, Application Forms and Offers constitute the agreement between the parties with respect to the subject matter of the Reduction Agreement and are incorporated into the Reduction Agreement as if fully written.\n\n(4)  Counterparts.  The Reduction Agreement may be executed in multiple counterparts and will be effective as to signatories on the Effective Date. The Reduction Agreement may be executed in duplicate originals, each of which shall be deemed to be an original instrument. All such counterparts and duplicate originals together shall constitute the same agreement, whether or not all parties execute each counterpart.\n\n(i) The facsimile signature of any party to the Reduction Agreement shall constitute the duly authorized, irrevocable execution and delivery of the Reduction Agreement as fully as if the Reduction Agreement contained the original ink signatures of the party or parties supplying a facsimile signature.\n\n(ii) [Reserved]\n\n(g)  Amendment.  All Subsector Members acknowledge that the Reduction Agreement, the Reduction Contract, and the Reduction Plan may be subject to amendment to conform to the requirements for approval of the Reduction Plan by NMFS on behalf of the Secretary. The Auditor shall distribute to each Subsector Member in electronic format the amended form of the Reduction Agreement, the Reduction Contract, and the Reduction Plan, which amended documents in the form distributed by the Auditor and identified by the Auditor by date and version, the version of each such document then in effect at the time of any dispute arising or action taken shall be deemed binding upon the parties with respect to such dispute and/or action.\n\n(h)  Warranties.  The Offeror must expressly warrant and represent in the Reduction Agreement that:\n\n(1) The Offeror has had an opportunity to consult with an attorney or other advisors with respect to the Reduction Agreement, the Reduction Contract, and the Act and the ramifications of the ratification of the Reduction Plan contemplated therein;\n\n(2) The Offeror has full understanding and appreciation of the ramifications of executing and delivering the Reduction Agreement and, free from coercion of any kind by the FLCC or any of its members, officers, agents and/or employees, executes and delivers the Reduction Agreement as the free and voluntary act of the Offeror;\n\n(3) The execution and delivery of the Reduction Agreement, does not and will not conflict with any provisions of the governing documents of the Offeror;\n\n(4) The person executing the Reduction Agreement has been duly authorized by the Offeror to execute and deliver the Reduction Agreement and to undertake and perform the actions contemplated herein; and\n\n(5) The Offeror has taken all actions necessary for the Reduction Agreement to constitute a valid and binding obligation, enforceable in accordance with its terms.\n\n(i)  Approval of the Reduction Plan.  Acceptance of the Offer is at the sole discretion of NMFS on behalf of the Secretary of Commerce. To be approved by NMFS, on behalf of the Secretary, any Reduction Plan developed and submitted in accordance with this section and subpart M of this part must be found by the Assistant Administrator of NMFS, to:\n\n(1) Be consistent with the requirements of section 219(e) of the FY 2005 Appropriations Act (Pub. L. 108-447);\n\n(2) Be consistent with the requirements of section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)) except for the requirement that a Council or Governor of a State request such a program (as set out in section 312(b)(1)) and for the requirements of section 312(b)(4);\n\n(3) Contain provisions for a fee system that provides for full and timely repayment of the capacity reduction loan by the Longline Subsector and that it provide for the assessment of such fees;\n\n(4) Not require a bidding or auction process;\n\n(5) Result in the maximum sustained reduction in fishing capacity at the least cost and in the minimum amount of time; and\n\n(6) Permit vessels in the Longline Subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation.\n\n(j)  Referendum.  The following provisions apply to the Reduction Plan of this section to the extent that they do not conflict with subpart L of this part including \u00a7\u00a7 600.1009, 600.1010, 600.1013, and 600.1014 or 16 U.S.C. 1861a; except where the referendum is successful if a majority of all permit holders within the fishery vote in favor of the Reduction Program is accordance with 18 U.S.C. 1861a(d)(1)(B).\n\n(k)(1)  Fee payment and collection system.  Upon successful completion of the Referendum discussed above as authorized by Public Law 108-447 and in accordance with 16 U.S.C. 1861a and \u00a7 600.1012 this fee collection system establishes:\n\n(i) The subsector members' obligation to repay the reduction loan, and\n\n(ii) The loan's principal amount, interest rate, and repayment term; and\n\n(iii) In accordance with \u00a7\u00a7 600.1013 through 600.1016, implements an industry fee system for the reduction fishery.\n\n(2)  Reduction loan amount.  The reduction loan's original principal amount is $2,700,000.\n\n(3)  Interest accrual from inception.  Interest begins accruing on the reduction loan from the date which NMFS disburses such loan.\n\n(4)  Interest rate.  The reduction loan's interest rate shall be the applicable rate which the U.S. Treasury determines at the end of fiscal year in which loan is disbursed plus 2 percent.\n\n(5)  Repayment terms.  For the purpose of determining fee rates, the reduction loan's repayment term is 30 years from the date NMFS disburses the loan. However, fee collections shall continue indefinitely until the loan is fully repaid.\n\n(6)  Reduction loan repayment.  The subsector members shall repay the reduction loan in accordance with \u00a7 600.1012. Both fish buyers and fish sellers are considered subsector members for purposes of fee collection, deposit, disbursement, and accounting in accordance with \u00a7 600.1013.\n\n(i) Subsector members in the reduction fishery shall collect and pay the fee amount in accordance with \u00a7 600.1105;\n\n(ii) Subsector members in the reduction fishery shall deposit and disburse, as well as keep records for and submit reports about, the applicable fees in accordance with \u00a7 600.1014, except the requirements under paragraphs (c) and (e) of this section. All collected fee revenue a fish buyer collects to repay the loan identified in paragraph (c) of this section shall be made to NMFS no later than fifteen (15) calendar days following the end of each calendar month. The annual reports identified in paragraph (e) of this section shall be submitted to NMFS by February 1 of each calendar year.\n\n(iii) The reduction loan is, in all other respects, subject to the provisions of \u00a7\u00a7 600.1012 through 600.1017.\n\n(l)  Enforcement for failure to pay fees.  The provisions and requirements of \u00a7 600.1016 (Enforcement) shall also apply to fish sellers and fish buyers subject to this fishery."], ["50:50:12.0.1.1.1.14.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "N", "Subpart N\u2014Shark Fin Removal, Possession, Transfer and Landing", "", "\u00a7 600.1200 Purpose and scope.", "FWS", "", "", "", "The regulations in this subpart implement the Shark Conservation Act of 2010."], ["50:50:12.0.1.1.1.14.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "N", "Subpart N\u2014Shark Fin Removal, Possession, Transfer and Landing", "", "\u00a7 600.1201 Relation to other laws.", "FWS", "", "", "", "(a) Regulations pertaining to conservation and management (including record keeping and reporting) for certain shark fisheries are also set forth in parts 635 (for Federal Atlantic Ocean, Gulf of America, and Caribbean shark fisheries), 648 (for spiny dogfish fisheries), 660 (for fisheries off West Coast states), and 665 (for fisheries in the western Pacific) of this chapter.\n\n(b) This subpart does not apply to an individual engaged in commercial fishing for smooth dogfish ( Mustelus canis ) when the conditions in \u00a7 635.30(c)(5) have been met.\n\n(c) This subpart does not supersede state laws or regulations governing conservation and management of state shark fisheries in state waters."], ["50:50:12.0.1.1.1.14.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "N", "Subpart N\u2014Shark Fin Removal, Possession, Transfer and Landing", "", "\u00a7 600.1202 Definitions.", "FWS", "", "", "", "(a) In addition to the definitions in the Magnuson-Stevens Act and in \u00a7 600.10, the terms used in this subpart have the following meanings:\n\nFin  means any of the fins of a shark (including the tail) or a portion thereof.\n\nLand or landing  means offloading fish, or causing fish to be offloaded, from a fishing vessel, either to another vessel or to a shore side location or facility, or arriving in port, or at a dock, berth, beach, seawall, or ramp to begin offloading fish.\n\nNaturally attached,  with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.\n\n(b) If there is any difference between a definition in this section and in \u00a7 600.10, the definition in this section is the operative definition for the purposes of this subpart."], ["50:50:12.0.1.1.1.14.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "N", "Subpart N\u2014Shark Fin Removal, Possession, Transfer and Landing", "", "\u00a7 600.1203 Prohibitions.", "FWS", "", "", "", "(a) It is unlawful for any person to do, or attempt to do, any of the following:\n\n(1) Remove a fin at sea.\n\n(2) To have custody, control, or possession of a fin, aboard a fishing vessel, unless the fin is naturally attached.\n\n(3) Transfer a fin from one vessel to another vessel at sea unless the fin is naturally attached.\n\n(4) Receive a fin in a transfer from one vessel to another vessel at sea unless the fin is naturally attached.\n\n(5) Land a fin unless the fin is naturally attached.\n\n(6) Land a shark carcass without all of its fins naturally attached.\n\n(7) Possess, purchase, offer to sell, or sell fins or shark carcasses taken, transferred, landed, or possessed in violation of this section.\n\n(8) When requested, fail to allow an authorized officer or any employee of NMFS designated by a Regional Administrator, or by the Director of the Office of Sustainable Fisheries in the case of the Atlantic Highly Migratory Species, access to or inspection or copying of any records pertaining to the landing, sale, transfer, purchase, or other disposition of fins or shark carcasses.\n\n(b) For purposes of this section, it is a rebuttable presumption that:\n\n(1) If a fin is found aboard a vessel, other than a fishing vessel, without being naturally attached, such fin was transferred in violation of this section.\n\n(2) If, after landing, the total weight of fins landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of this section."], ["50:50:12.0.1.1.1.15.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "O", "Subpart O\u2014Limited Access Privilege Programs", "", "\u00a7\u00a7 600.1300-600.1309 [Reserved]", "FWS", "", "", "", ""], ["50:50:12.0.1.1.1.15.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "O", "Subpart O\u2014Limited Access Privilege Programs", "", "\u00a7 600.1310 New England and Gulf Individual Fishing Quota Referenda.", "FWS", "", "", "[73 FR 75973, Dec. 15, 2008, as amended at 90 FR 38003, Aug. 7, 2025]", "(a)  Purpose and scope.  This section establishes procedures and guidelines for referenda to be conducted on Individual Fishing Quota (IFQ) program proposals developed by the New England Fishery Management Council (NEFMC) and the Gulf Fishery Management Council (GFMC). These procedures and guidelines also apply to IFQ program proposals developed by NMFS for fisheries under the jurisdiction of the NEFMC or GFMC, except for certain provisions that only apply to a fishery management council. This section provides guidance on developing voter eligibility and vote weighting, and establishes general procedures to ensure referenda are conducted in a fair and equitable manner.\n\n(b)  Initiating IFQ referenda.  (1) The NEFMC and the GFMC shall not submit, and the Secretary shall not approve, an FMP or FMP amendment that would create an IFQ program until the IFQ program proposal, as ultimately developed, has been approved by a referendum of eligible voters. Paragraph (h) of this section provides criteria for determining the outcome of IFQ referenda.\n\n(2) To initiate a referendum on a proposed IFQ program:\n\n(i) The relevant Council must have held public hearings on the FMP or FMP amendment in which the IFQ program is proposed;\n\n(ii) The relevant Council must have considered public comments on the proposed IFQ program;\n\n(iii) The relevant Council must have selected preferred alternatives for the proposed IFQ program;\n\n(iv) The chair of the Council with jurisdiction over such proposed IFQ fishery must request a referendum on the proposed IFQ program in a letter to the appropriate NMFS Regional Administrator;\n\n(v) The letter requesting initiation of a referendum must recommend voter eligibility criteria that are consistent with the applicable requirements of paragraph (c)(1) of this section and may also include recommended criteria for vote weighting. The letter must provide the rationale supporting the Council's recommendation, as well as such additional information and analyses as needed, consistent with applicable law and provisions of this section. If a Council recommends vote weighting criteria, the letter should fully describe the rationale for and the expected effects of such weighting on the referendum;\n\n(vi) NEFMC referenda initiation letters must: recommend criteria that are consistent with paragraph (c)(2)(iii) of this section for NMFS to use in determining the eligibility of other fishery participants to vote in the referendum; include the minimum percentage of a crew member's total income that must have been earned during the eligibility periods in the proposed IFQ fishery as discussed in paragraph (c)(2)(ii) of this section; and include criteria for \u201creferendum eligible vessels\u201d as described in paragraph (c)(2)(i) of this section; and\n\n(vii) GFMC letters initiating referenda of multispecies permit holders in the Gulf of America must include recommended criteria to be used in identifying those permit holders who have substantially fished the species to be included in the proposed IFQ program, along with alternatives to the recommendation, and supporting analyses. Guidelines for developing such recommendations are provided at paragraph (c)(3) of this section.\n\n(3) Following a referendum that has failed to approve the IFQ proposal, any request from a Council for a new referendum in the same fishery must include an explanation of the substantive changes to the proposed IFQ program or the changes of circumstances in the fishery that would warrant initiation of an additional referendum.\n\n(c)  Referenda voter eligibility \u2014(1)  Permit holders and other fishery participants.  (i) To be eligible to vote in IFQ referenda, permit holders and other fishery participants must meet voter eligibility criteria.\n\n(ii) Holders of multispecies permits in the Gulf of America must have substantially fished the species proposed to be included in the IFQ program to be eligible to vote in a referendum on the proposed program.\n\n(iii) When developing eligibility criteria for permit holders in an IFQ program referendum, the relevant Council or Secretary must consider, but is not limited to considering:\n\n(A) The full range of entities likely to be eligible to receive initial quota allocation under the proposed IFQ program;\n\n(B) Current and historical harvest and participation in the fishery; and\n\n(C) Other factors as may be determined by the Council with jurisdiction over the fishery for which an IFQ program is proposed to be relevant to the fishery and to the proposed IFQ program.\n\n(2)  Crew member eligibility in NEFMC IFQ referenda.  (i) For the purposes of this section, \u201creferendum-eligible vessel\u201d means a vessel, the permit holder or owner of which has been determined to be eligible to vote in the referendum on the basis of such vessel's history or other characteristics.\n\n(ii) To be eligible to vote in an NEFMC IFQ referendum, crew members must meet the following requirements:\n\n(A) The crew member must have worked aboard a referendum-eligible vessel at sea, during the qualifying period(s), while the vessel was engaged in fishing;\n\n(B) If requested, the crew member must produce documentary proof of employment or service as a crew member and income during the qualifying periods. Documents that may be required include, but are not limited to, signed crew contracts, records of payment, settlement sheets, income tax records, a signed statement from the permit holder, and other documentary evidence of the period of employment and the vessel upon which the crew member worked;\n\n(C) During the qualifying period(s), the crew member must have derived a percentage of his/her total income from the fishery under the proposed IFQ program that is equal to or greater than the percentage determined to be significant relative to the economic value and employment practices of the fishery; and\n\n(D) Any additional eligibility criteria promulgated by the NMFS.\n\n(iii) When developing criteria for determining whether other fishery participants, including crew members, may participate in a NEFMC IFQ referendum, the Council or Secretary must consider, but is not limited to considering:\n\n(A) The full range of entities likely to be eligible to receive initial quota under the proposed IFQ program;\n\n(B) A crew member's current and historical participation in the fishery aboard a referendum-eligible vessel;\n\n(C) The economic value of the proposed IFQ fishery, employment practices in the proposed IFQ fishery, and other economic and social factors that would bear on a determination of what percentage of a crew member's total income from the fishery should be considered significant for the purposes of this section;\n\n(D) The availability of documentary proof of employment and income to validate eligibility; and\n\n(E) Any other factors as may be determined by the Council to be relevant to the fishery and the proposed IFQ program.\n\n(3)  GFMC's substantially fished criterion.  When developing criteria for identifying those multispecies permit holders who have substantially fished the species to be included in the IFQ program proposal, the Council or Secretary must consider, but is not limited to considering:\n\n(i) Current and historical harvest and participation in the fishery;\n\n(ii) The economic value of and employment practices in the fishery; and\n\n(iii) Any other factors determined by the Council with jurisdiction over the fishery for which an IFQ program is proposed to be relevant to the fishery and the proposed IFQ program.\n\n(d) Council-recommended criteria under paragraph (c) of this section may include, but are not limited to, levels of participation or reliance on the fishery as represented by landings, sales, expenditures, or other considerations. A Council may also apply the same criteria for weighting eligible referendum votes.\n\n(e)  Actions by NMFS: Review of Council referendum criteria and Secretarial IFQ plans.  (1) NMFS shall determine whether Council recommended referendum criteria will provide for a fair and equitable referendum and will be consistent with national standards and other provisions of the Magnuson-Stevens Act, and other applicable legal standards. The Secretary's considerations shall include, but shall not be limited to:\n\n(i) Whether the criteria are rationally connected to or further the objectives of the proposed IFQ program;\n\n(ii) Whether the criteria are designed in such a way to prevent any person or single entity from obtaining an excessive share of voting privileges;\n\n(iii) Whether the criteria are reasonable relative to the availability of documentary evidence and the possibility of validating a participant's eligibility; and\n\n(iv) Whether the referendum can be administered and executed in a fair and equitable manner, in a reasonable time, and without subjecting industry members, the Council, or NMFS to administrative burdens, costs or other requirements that would be considered onerous.\n\n(2) If NMFS determines that referendum criteria would not provide for a fair and equitable referendum; would not be consistent with national standards and other provisions of the Magnuson-Stevens Act, and other applicable legal standards; or, in the case of a referendum request subsequent to a failed referendum in the same fishery, that the Council has not substantively amended the IFQ proposal or circumstances have not changed sufficiently to warrant initiation of a new referendum, NMFS shall inform the Council of the Agency's decision to deny the referendum request and of the reasons for the decision.\n\n(3) If NMFS determines that referendum criteria would provide for a fair and equitable referendum and would be consistent with national standards and other provisions of the Magnuson-Stevens Act, and other applicable legal standards; then NMFS shall conduct the referendum in accordance with procedures and guidelines provided in paragraph (f) of this section.\n\n(4) In accordance with paragraphs (c)(2) and (3) of this section, NMFS may initiate a referendum and promulgate referendum criteria for any IFQ program proposal advanced through a Secretarial fishery management plan (FMP) or FMP amendment under the authority of section 304(c) of the Magnuson-Stevens Act for a New England or Gulf fishery. Such criteria must provide for a fair and equitable referendum and NMFS shall conduct the referendum in accordance with procedures and guidelines provided in paragraph (f) of this section.\n\n(f)  Conducting IFQ referenda.  (1) NMFS shall promulgate specific referenda procedural requirements, voter eligibility requirements, and any vote weighting criteria through appropriate rulemaking.\n\n(i)  Proposed rule.  A proposed rule shall seek public comment on the specific schedule, procedures, and other requirements for the referendum process.\n\n(A) For NEFMC IFQ program referenda, the proposed rule shall establish procedures for documenting or certifying that other fishery participants, including crew members, meet the proposed voter eligibility criteria.\n\n(B) For GFMC IFQ program referenda for multispecies permit holders, the proposed rule shall include criteria to be used in identifying those permit holders who have substantially fished the species that are the subject of the proposed IFQ program.\n\n(ii)  Final rule.  (A) If NMFS decides to proceed with the referendum after reviewing public comments, NMFS shall publish implementing regulations through a final rule in the  Federal Register  as soon as practicable after the Council determines the IFQ program proposal and supporting analyses are complete and ready for Secretarial review. Otherwise, NMFS shall publish a notice in the  Federal Register  to inform the Council and the public of its decision not to conduct the referendum, as proposed, including reasons for the Agency's decision.\n\n(B) Upon implementation of the referendum through a final rule, NMFS shall provide eligible voters referenda ballots and shall make available information about the schedule, procedures, and eligibility requirements for the referendum process and the proposed IFQ program.\n\n(2) NMFS shall notify the public in the region of the subject fishery of the referendum eligibility criteria.\n\n(3) Individuals who wish to vote as other fishery participants in a NEFMC IFQ referendum, based on criteria established by the NEFMC under (c)(2), must contact NMFS and produce all required documentation and certifications to receive a ballot. NMFS shall provide sufficient time in the referendum process to allow for crew members to request, receive, and submit referendum ballots.\n\n(g)  Referenda ballots.  (1) Ballots shall be composed such that voters will indicate approval or disapproval of the preferred IFQ program proposal.\n\n(2) NMFS may require voters to self-certify on referenda ballots that they meet voter eligibility criteria. To be considered valid, ballots must be signed by the eligible voter.\n\n(3) Referenda ballots shall be numbered serially or otherwise designed to guard against submission of duplicate ballots.\n\n(4) If votes are weighted, the value of weighted votes shall be indicated on the ballot. The weighted vote must be cast as a single unit. Its value may not be split. The full value must be applied to the selection made on the ballot.\n\n(5) NMFS shall allow at least 30 days for eligible voters to receive and return their ballots and shall specify a deadline by which ballots must be received. Ballots received after the deadline shall not be considered valid.\n\n(h)  Determining the outcome of an IFQ referendum.  (1) NMFS shall tally and announce the results of the referendum within 90 days of the deadline by which completed ballots must be received. NMFS may declare a referendum invalid if the Agency can demonstrate the referendum was not conducted in accordance with the procedures established in the final rule implementing the referendum.\n\n(2) A NEFMC IFQ program referendum shall be considered approved only if more than \n 2/3  of the votes submitted on valid ballots are in favor of the referendum question.\n\n(3) A GFMC IFQ program referendum shall be considered approved only if a majority of the votes submitted on valid ballots are in favor of the referendum question.\n\n(i)  Council actions.  (1) If NMFS notifies a Council that an IFQ program proposal has been approved through a referendum, then the Council may submit the associated FMP or FMP amendment for Secretarial review and implementation.\n\n(2) Any changes that would modify an IFQ program proposal that was reviewed by referenda voters may invalidate the results of the referendum and require the modified program proposal to be approved through a new referendum before it can be submitted to the Secretary for review and implementation.\n\n(3) If NMFS notifies a Council that an IFQ referendum has failed, then the Council may modify its IFQ program proposal and request a new referendum pursuant to paragraph (b) of this section."], ["50:50:12.0.1.1.1.16.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1400 Definitions.", "FWS", "", "", "[77 FR 42191, July 18, 2012]", "In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in \u00a7 600.10 of this title, the terms used in this subpart have the following meanings. For purposes of this subpart, if applicable, the terms used in this subpart supersede those used in \u00a7 600.10.\n\nAnadromous species  means the following:\n\nAmerican shad:  Alosa sapidissima \n \n Blueback herring:  Alosa aestivalus \n \n Alewife:  Alosa pseudoharengus \n \n Hickory shad:  Alosa mediocris \n \n Alabama shad:  Alosa alabamae \n \n Striped bass:  Morone saxatilis \n \n Rainbow smelt:  Osmerus mordax \n \n Atlantic salmon:  Salmo salar \n \n Chinook, or king, salmon:\n \n Oncorhynchus tshawytscha \n \n Coho, or silver, salmon:  Oncorhynchus kisutch \n \n Pink salmon:  Oncorhynchus gorbuscha \n \n Sockeye salmon:  Oncorhynchus nerka \n \n Chum salmon:  Oncorhynchus keta \n \n Steelhead:  Oncorhynchus mykiss \n \n Coastal cutthroat trout:  Oncorhynchus clarki clarki \n \n Eulachon or candlefish:  Thaleichthys pacificus \n \n Dolly varden:  Salvelinus malma \n \n Sheefish or inconnu:  Stenodus leucichthys \n \n Atlantic sturgeon:  Acipenser oxyrhynchus oxyrhynchus \n \n Shortnose sturgeon:  Acipenser brevirostrum \n \n Gulf sturgeon:  Acipenser oxyrhynchus desotoi \n \n White sturgeon:  Acipenser transmontanus \n \n Green sturgeon:  Acipenser medirostris\n\nAmerican shad:  Alosa sapidissima\n\nBlueback herring:  Alosa aestivalus\n\nAlewife:  Alosa pseudoharengus\n\nHickory shad:  Alosa mediocris\n\nAlabama shad:  Alosa alabamae\n\nStriped bass:  Morone saxatilis\n\nRainbow smelt:  Osmerus mordax\n\nAtlantic salmon:  Salmo salar\n\nChinook, or king, salmon:\n\nOncorhynchus tshawytscha\n\nCoho, or silver, salmon:  Oncorhynchus kisutch\n\nPink salmon:  Oncorhynchus gorbuscha\n\nSockeye salmon:  Oncorhynchus nerka\n\nChum salmon:  Oncorhynchus keta\n\nSteelhead:  Oncorhynchus mykiss\n\nCoastal cutthroat trout:  Oncorhynchus clarki clarki\n\nEulachon or candlefish:  Thaleichthys pacificus\n\nDolly varden:  Salvelinus malma\n\nSheefish or inconnu:  Stenodus leucichthys\n\nAtlantic sturgeon:  Acipenser oxyrhynchus oxyrhynchus\n\nShortnose sturgeon:  Acipenser brevirostrum\n\nGulf sturgeon:  Acipenser oxyrhynchus desotoi\n\nWhite sturgeon:  Acipenser transmontanus\n\nGreen sturgeon:  Acipenser medirostris\n\nAngler  means a person who is angling (see 50 CFR 600.10) in tidal waters.\n\nAuthorized officer  has the same meaning as in 50 CFR 600.10.\n\nCombination license  means either:\n\n(1) A single state fishing license that permits fishing in fresh waters and tidal waters at one price; or\n\n(2) A single state license that permits a group of fishing and hunting activities, including fishing in tidal waters, at a price that is less than the sum of the cost of the individual licenses.\n\nCommercial fishing  has the same meaning as in 16 U.S.C. 1802.\n\nContinental shelf fishery resources  has the same meaning as in 16 U.S.C. 1802.\n\nExempted state  means a state that has been designated as an exempted state by NMFS pursuant to \u00a7 600.1415.\n\nFor-hire fishing vessel  means a vessel on which passengers are carried to engage in angling or spear fishing, from whom a consideration is contributed as a condition of such carriage, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person having an interest in the vessel.\n\nIndigenous people  means persons who are documented members of a federally recognized tribe or Alaskan Native Corporation or persons who reside in the western Pacific who are descended from the aboriginal people indigenous to the region who conducted commercial or subsistence fishing using traditional fishing methods, including angling.\n\nSpearfishing  means fishing for, attempting to fish for, catching or attempting to catch fish in tidal waters by any person with a spear or a powerhead (see 50 CFR 600.10).\n\nState  has the same meaning as in 16 U.S.C. 1802.\n\nTidal waters  means waters that lie below mean high water and seaward of the first upstream obstruction or barrier to tidal action and that are subject to the ebb and flow of the astronomical tides under ordinary conditions."], ["50:50:12.0.1.1.1.16.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1405 Angler registration.", "FWS", "", "", "[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]", "(a) Effective January 1, 2010, the requirements of this section apply to any person who does any of the following:\n\n(1) Engages in angling or spearfishing for:\n\n(i) Fish in the EEZ;\n\n(ii) Anadromous species in any tidal waters; or\n\n(iii) Continental Shelf fishery resources beyond the EEZ.\n\n(2) Operates a for-hire fishing vessel in the EEZ.\n\n(3) Operates a for-hire fishing vessel that engages in angling or spearfishing for:\n\n(i) Anadromous species in any tidal waters; or\n\n(ii) Continental shelf fishery resources beyond the EEZ.\n\n(4) Possesses equipment used for angling or spearfishing and also possesses:\n\n(i) Fish in the EEZ;\n\n(ii) Anadromous species in any tidal waters; or\n\n(iii) Continental shelf fishery resources beyond the EEZ.\n\n(b) No person may engage in the activities listed in paragraph (a) of this section unless that person:\n\n(1) Has registered annually with NMFS in accordance with \u00a7 600.1410 of this part;\n\n(2) Holds a valid fishing license issued by, or is registered by, an exempted state;\n\n(3) Is a resident of an exempted state, but is not required to hold a fishing license, or to be registered to fish, under the laws of that state;\n\n(4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1);\n\n(5) Is under the age of 16;\n\n(6) Is angling aboard a for-hire fishing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements;\n\n(7) Holds a commercial fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit;\n\n(8) Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non-commercial Bottomfish permit under 50 CFR 665.203(a)(2);\n\n(9) Holds a subsistence fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; or\n\n(10) Is angling or spearfishing for, or operating a for-hire fishing vessel that engages in fishing for, anadromous species or Continental Shelf fishery resources, in waters under the control of a foreign nation.\n\n(c) Any angler or spear fisher or operator of a for-hire vessel must, on request of an authorized officer, produce the NMFS registration number and certificate or evidence that such person or for-hire vessel operator is exempt from the registration requirement pursuant to \u00a7 600.1405(b)(2) through \u00a7 600.1405(b)(10)."], ["50:50:12.0.1.1.1.16.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1410 Registry process.", "FWS", "", "", "", "(a) A person may register through the NMFS web site at  www.nmfs.noaa.gov  or by calling a toll-free telephone number available by contacting NMFS or at the NMFS website.\n\n(b) Individuals must submit their name; address; telephone number; date of birth; region(s) of the country in which they intend to fish in the upcoming year; and additional information necessary for the issuance or administration of the registration.\n\n(c) To register a for-hire fishing vessel, the vessel owner or operator must submit vessel owner name, address, date of birth, and telephone number; vessel operator (if different) name, address, date of birth and telephone number; vessel name; vessel's state registration or U.S. Coast Guard documentation number; home port or principal area of operation; and additional information necessary for the issuance or administration of the registration.\n\n(d) NMFS will issue a registration number and certificate to registrants. A registration number and certificate will be valid for one year from the date on which it is issued.\n\n(e) It shall be unlawful for any person to submit false, inaccurate or misleading information in connection with any registration request.\n\n(f)  Fees.  Effective January 1, 2011, persons registering with NMFS must pay an annual fee. The annual schedule for such fees will be published in the  Federal Register.  Indigenous people engaging in angling or spear fishing must register, but are not required to pay a fee."], ["50:50:12.0.1.1.1.16.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1415 Procedures for designating exempted states-general provisions.", "FWS", "", "", "", "(a) States with an exempted state designation must:\n\n(1) Submit state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional registry database; or\n\n(2) Participate in regional surveys of recreational catch and effort and make the data from those surveys available to NMFS.\n\n(b) Process for getting an exempted state designation:\n\n(1) To apply for exempted state designation, a state must submit:\n\n(i) A complete description of the data it intends to submit to NMFS;\n\n(ii) An assessment of how the data conforms to the requirements of \u00a7\u00a7 600.1416 or 600. 1417;\n\n(iii) A description of the database in which the data exists and will be transmitted; and\n\n(iv) The proposed process, schedule and frequency of submission of the data.\n\n(2) If NMFS determines the submitted material meets the requirements of \u00a7\u00a7 600.1416 or 600.1417, NMFS will initiate negotiations with the state on a Memorandum of Agreement. The Memorandum of Agreement must include the terms and conditions of the data-sharing program. The Memorandum of Agreement and state designation may be limited to data-sharing related to only anglers or only for-hire fishing vessels.\n\n(3) Following execution of a Memorandum of Agreement, NMFS will publish a notice of the exempted state designation in the  Federal Register."], ["50:50:12.0.1.1.1.16.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1416 Requirements for exempted state designation based on submission of state license holder data.", "FWS", "", "", "[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]", "(a) A state must annually update and submit to NMFS, in a format consistent with NMFS guidelines, the name, address and, to the extent available in the state's database, telephone number and date of birth, of all persons and for-hire vessel operators, and the name and state registration number or U.S. Coast Guard documentation number of for-hire vessels that are licensed to fish, or are registered as fishing, in the EEZ, in the tidal waters of the state, or for anadromous species. The Memorandum of Agreement developed in accordance with \u00a7 600.1415(b)(2) will specify the timetable for a state to compile and submit complete information telephone numbers and dates of birth for its license holders/registrants. The waters of the state for which such license-holder data must be submitted will be specified in the Memorandum of Agreement.\n\n(b) A state is eligible to be designated as an exempted state even if its licensing program excludes anglers who are:\n\n(1) Under 17 years of age;\n\n(2) Over age 59 (see \u00a7 600.1416(d)(1));\n\n(3) Customers on licensed for-hire vessels;\n\n(4) Customers on state-licensed fishing piers, provided that the pier license holder provides to the state complete angler contact information or angler effort information for users of the pier;\n\n(5) On active military duty while on furlough; or\n\n(6) Disabled or a disabled Veteran as defined by the state.\n\n(7) Fishing on days designated as \u201cfree fishing days\u201d by states. \u201c Free fishing days\u201d  means fishing promotion programs by which states allow new anglers to fish for a specified day without a license or registration.\n\n(c) Unless the state can demonstrate that a given category of anglers is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample, a state may not be designated as an exempted state if its licensing or registration program excludes anglers in any category other than those listed in paragraph (b) of this section.\n\n(d) Required enhancements to exempted state license-holder data. An exempted state must submit the following angler identification data by Jan. 1, 2012, or within two years of the effective date of the Memorandum of Agreement, whichever is later, and thereafter in accordance with the Memorandum of Agreement. States that provide NMFS with notice that they are required to enact legislation or to enter into formal memoranda of agreement or contracts with other state agencies to comply with this requirement must submit the data within three years of the effective date of the Memorandum of Agreement:\n\n(1) Name, address and telephone number, updated annually, of excluded anglers over age 59, unless the state can demonstrate that the number of anglers excluded from the license or registration requirement based on having a date of birth before June 1, 1940 is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample;\n\n(2) Name, address and telephone number, updated annually, of holders of state lifetime and multi-year licenses;\n\n(3) Name, address and telephone number of state combination license holders who fished in tidal waters in the prior year, or who intend to fish in tidal waters. The Memorandum of Agreement will define the boundaries of the state's tidal waters for this purpose."], ["50:50:12.0.1.1.1.16.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "P", "Subpart P\u2014Marine Recreational Fisheries of the United States", "", "\u00a7 600.1417 Requirements for exempted state designation based on submission of recreational survey data.", "FWS", "", "", "[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42192, July 18, 2012]", "(a) To be designated as an exempted state based on the state's participation in a regional survey of marine and anadromous recreational fishing catch and effort, a state may submit to NMFS a proposal that fully describes the state's participation in a qualifying regional survey, and the survey's sample design, data collection and availability.\n\n(b) A qualifying regional survey must:\n\n(1) Include all of the states within each region as follows:\n\n(i) Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida (Atlantic coast);\n\n(ii) Florida (Gulf of America coast), Alabama, Mississippi, Louisiana, and Texas;\n\n(iii) Puerto Rico;\n\n(iv) U.S. Virgin Islands;\n\n(v) California, Oregon and Washington;\n\n(vi) Alaska;\n\n(vii) Hawaii; or\n\n(viii) American Samoa, Guam and the Commonwealth of the Northern Mariana Islands.\n\n(2) Utilize angler registry data, or direct field counts to obtain angler effort, or other appropriate statistical means to obtain fishing effort;\n\n(3) Utilize angler registry data to identify individuals to be surveyed by telephone, mail or Internet if such regional survey includes a telephone survey component; and\n\n(4) Meet NMFS survey design and data collection standards."], ["50:50:12.0.1.1.1.17.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1500 Definitions and acronyms.", "FWS", "", "", "", "In addition to the definitions in the Magnuson-Stevens Act and in \u00a7 600.10, and the acronyms in \u00a7 600.15, the terms and acronyms in this subpart have the following meanings:\n\nAuthorized entity  means a person, defined at 16 U.S.C. 1802(36), authorized to receive data transmitted by a VMS unit.\n\nBench configuration  means the configuration of a VMS unit after it has been customized to meet the Federal VMS requirements.\n\nBundle  means a mobile communications service and VMS unit sold as a package and considered one product. If a bundle is type-approved, the requestor will be the type-approval holder for the bundled MCS and VMS unit.\n\nCellular communication  means the wireless transmission of VMS data via a cellular network.\n\nCommunication class  means the satellite or cellular communications operator from which communications services originate.\n\nElectronic form  means a pre-formatted message transmitted by a VMS unit that is required for the collection of data for a specific fishery program ( e.g.,  declaration system, catch effort reporting).\n\nEnhanced Mobile Transceiver Unit (EMTU)  means a type of MTU that is capable of supporting two-way communication, messaging, and electronic forms transmission via satellite. An EMTU is a transceiver or communications device, including an antenna, and dedicated message terminal and display which can support a dedicated input device such as a tablet or keyboard, installed on fishing vessels participating in fisheries with a VMS requirement.\n\nEnhanced Mobile Transceiver Unit, Cellular Based (EMTU-C)  means an EMTU that transmits and receives data via cellular communications, except that it may not need a dedicated message terminal and display component at the time of approval as explained at \u00a7 600.1502(a)(6). An EMTU-C only needs to be capable of transmission and reception when in the range of a cellular network.\n\nLatency  means the state of untimely delivery of Global Positioning System position reports and electronic forms to NMFS ( i.e.,  information is not delivered to NMFS consistent with timing requirements of this subpart).\n\nMobile Communications Service (MCS)  means the satellite and/or cellular communications services used with particular VMS units.\n\nMobile Communications Service Provider (MCSP)  means an entity that sells VMS satellite and/or cellular communications services to end users.\n\nMobile Transmitter Unit (MTU)  means a VMS unit capable of transmitting Global Positioning System position reports via satellite. (MTUs are no longer approved for new installations on VMS vessels).\n\nNotification Letter  means a letter issued by NMFS to a type-approval holder identifying an alleged failure of a VMS unit, MCS, or the type-approval holder to comply with the requirements of this subpart.\n\nPosition report  means the unique global positioning system (GPS) report generated by a vessel's VMS unit, which identifies the vessel's latitude/longitude position at a point in time. Position reports are sent from the VMS unit via the MCS, to authorized entities.\n\nRequestor  means a vendor seeking type-approval.\n\nService life  means the length of time during which a VMS unit remains fully operational with reasonable repairs.\n\nSniffing  means the unauthorized and illegitimate monitoring and capture, through use of a computer program or device, of data being transmitted over a network.\n\nSpoofing  means the reporting of a false Global Positioning System position and/or vessel identity.\n\nTime stamp  means the time, in hours, minutes, and seconds in a position report. Each position report is time stamped.\n\nType-approval holder  means an applicant whose type-approval request has been approved pursuant to this subpart.\n\nVendor  means a commercial provider of VMS hardware, software, and/or mobile communications services.\n\nVessel Monitoring System (VMS)  means, for purposes of this subpart, a satellite and/or cellular based system designed to monitor the location and movement of vessels using onboard VMS units that send Global Positioning System position reports to an authorized entity.\n\nVessel Monitoring System (VMS) data  means the data transmitted to authorized entities from a VMS unit.\n\nVessel Monitoring System Program  means the Federal program that manages the vessel monitoring system, data, and associated program-components, nationally and in each NMFS region; it is housed in the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service's Office of Law Enforcement.\n\nVessel Monitoring System (VMS) Unit  means MTU, EMTU or EMTU-C, as well as the units that can operate as both an EMTU and an EMTU-C.\n\nVessel Monitoring System (VMS) Vessels  means vessels that operate in federally managed fisheries with a requirement to carry and operate a VMS unit."], ["50:50:12.0.1.1.1.17.1.10", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1509 General.", "FWS", "", "", "", "(a) An EMTU/EMTU-C must have the durability and reliability necessary to meet all requirements of \u00a7\u00a7 600.1502 through 600.1507 regardless of weather conditions, including when placed in a marine environment where the unit may be subjected to saltwater (spray) in smaller vessels, and in larger vessels where the unit may be maintained in a wheelhouse. The unit, cabling and antenna must be resistant to salt, moisture, and shock associated with sea-going vessels in the marine environment.\n\n(b) PII and Other Protected Information. Personally identifying information (PII) and other protected information includes Magnuson-Stevens Act confidential information as provided at 16 U.S.C. 1881a and Business Identifiable Information (BII), as defined in the Department of Commerce Information Technology Privacy Policy. A type-approval holder is responsible for ensuring that:\n\n(1) All PII and other protected information is handled in accordance with applicable state and Federal law.\n\n(2) All PII and other protected information provided to the type-approval holder by vessel owners or other authorized personnel for the purchase or activation of an EMTU/EMTU-C or arising from participation in any Federal fishery are protected from disclosure not authorized by NMFS or the vessel owner or other authorized personnel.\n\n(3) Any release of PII or other protected information beyond authorized entities must be requested and approved in writing, as appropriate, by the submitter of the data in accordance with 16 U.S.C. 1881a, or by NMFS.\n\n(4) Any PII or other protected information sent electronically by the type-approval holder to the NMFS Office of Law Enforcement must be transmitted by a secure means that prevents interception, spoofing, or viewing by unauthorized individuals."], ["50:50:12.0.1.1.1.17.1.11", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1510 Notification of type-approval.", "FWS", "", "", "", "(a) If a request made pursuant to \u00a7 600.1501 (type-approval) is approved or partially approved, NMFS will issue a type-approval letter to indicate the specific EMTU/EMTU-C model, MCSP, or bundle that is approved for use, the MCS or class of MCSs permitted for use with the type-approved EMTU, and the regions or fisheries in which the EMTU/EMTU-C, MCSP, or bundle is approved for use.\n\n(b) The NMFS Office of Law Enforcement will maintain a list of type-approved EMTUs/EMTU-C, MCSPs, and bundles on a publicly available website and provide copies of the list upon request."], ["50:50:12.0.1.1.1.17.1.12", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1511 Changes or modifications to type-approvals.", "FWS", "", "", "", "Type-approval holders must notify NMFS Office of Law Enforcement (OLE) in writing no later than 2 days following modification to or replacement of any functional component or piece of their type-approved EMTU, EMTU-C, or MTU configuration, MCS, or bundle. If the changes are substantial, NMFS OLE will notify the type-approval holder in writing within 60 calendar days that an amended type-approval is required or that NMFS will initiate the type-approval revocation process."], ["50:50:12.0.1.1.1.17.1.13", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1512 Type-approval revocation process.", "FWS", "", "", "", "(a) If at any time, a type-approved EMTU/EMTU-C, MCS, or bundle fails to meet requirements at \u00a7\u00a7 600.1502 through 600.1509 or applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries for which the EMTU/EMTU-C or MCS is type-approved, or if an MTU fails to meet the requirements under which it was type-approved, OLE may issue a Notification Letter to the type-approval holder that:\n\n(1) Identifies the MTU, EMTU, EMTU-C, MCS, or bundle that allegedly fails to comply with type-approval regulations and requirements;\n\n(2) Identifies the alleged failure to comply with type-approval regulations and requirements, and the urgency and impact of the alleged failure;\n\n(3) Cites relevant regulations and requirements under this subpart;\n\n(4) Describes the indications and evidence of the alleged failure;\n\n(5) Provides documentation and data demonstrating the alleged failure;\n\n(6) Sets a response date by which the type-approval holder must submit to NMFS OLE a written response to the Notification Letter, including, if applicable, a proposed solution; and\n\n(7) Explains the type-approval holder's options if the type-approval holder believes the Notification Letter is in error.\n\n(b) NMFS will establish a response date between 30 and 120 calendar days from the date of the Notification Letter. The type-approval holder's response must be received in writing by NMFS on or before the response date. If the type-approval holder fails to respond by the response date, the type-approval will be revoked. At its discretion and for good cause, NMFS may extend the response date to a maximum of 150 calendar days from the date of the Notification Letter.\n\n(c) A type-approval holder who has submitted a timely response may meet with NMFS within 21 calendar days of the date of that response to discuss a detailed and agreed-upon procedure for resolving the alleged failure. The meeting may be in person, conference call, or webcast.\n\n(d) If the type-approval holder disagrees with the Notification Letter and believes that there is no failure to comply with the type-approval regulations and requirements, NMFS has incorrectly defined or described the failure or its urgency and impact, or NMFS is otherwise in error, the type-approval holder may submit a written objection letter to NMFS on or before the response date. Within 21 calendar days of the date of the objection letter, the type-approval holder may meet with NMFS to discuss a resolution or redefinition of the issue. The meeting may be in person, conference call, or webcast. If modifications to any part of the Notification Letter are required, then NMFS will issue a revised Notification Letter to the type-approval holder. However, the response date or any other timeline in this process would not restart or be modified unless NMFS decides to do so, at its discretion.\n\n(e) The total process from the date of the Notification Letter to the date of final resolution should not exceed 180 calendar days, and may require a shorter timeframe, to be determined by NMFS, depending on the urgency and impact of the alleged failure. In rare circumstances, NMFS, at its discretion, may extend the time for resolution of the alleged failure. In such a case, NMFS will provide a written notice to the type-approval holder informing him or her of the extension and the basis for the extension.\n\n(f) If the failure to comply with type-approval regulations and requirements cannot be resolved through this process, the NMFS OLE Director will issue a Revocation Letter to the type-approval holder that:\n\n(1) Identifies the MTU, EMTU, EMTU-C, MCS, or bundle for which type-approval is being revoked;\n\n(2) Summarizes the failure to comply with type-approval regulations and requirements, including describing its urgency and impact;\n\n(3) Summarizes any proposed plan, or attempts to produce such a plan, to resolve the failure;\n\n(4) States that revocation of the MTU, EMTU, EMTU-C, MCS, or bundle's type-approval has occurred;\n\n(5) States that no new installations of the revoked unit will be permitted in any NMFS-managed fishery requiring the use of VMS;\n\n(6) Cites relevant regulations and requirements under this subpart;\n\n(7) Explains why resolution was not achieved;\n\n(8) Advises the type-approval holder that:\n\n(i) The type-approval holder may reapply for a type-approval under the process set forth in \u00a7 600.1501, and\n\n(ii) A revocation may be appealed pursuant to the process under \u00a7 600.1513."], ["50:50:12.0.1.1.1.17.1.14", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1513 Type-approval revocation appeals process.", "FWS", "", "", "", "(a) If a type-approval holder receives a Revocation Letter pursuant to \u00a7 600.1512, the type-approval holder may file an appeal of the revocation to the NMFS Assistant Administrator.\n\n(b) An appeal must be filed within 14 calendar days of the date of the Revocation Letter. A type-approval holder may not request an extension of time to file an appeal.\n\n(c) An appeal must include a complete copy of the Revocation Letter and its attachments and a written statement detailing any facts or circumstances explaining and refuting the failures summarized in the Revocation Letter.\n\n(d) The NMFS Assistant Administrator may, at his or her discretion, affirm, vacate, or modify the Revocation Letter and send a letter to the type-approval holder explaining his or her determination, within 21 calendar days of receipt of the appeal. The NMFS Assistant Administrator's determination constitutes the final agency decision."], ["50:50:12.0.1.1.1.17.1.15", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1514 Revocation effective date and notification to vessel owners.", "FWS", "", "", "", "(a) Following issuance of a Revocation Letter pursuant to \u00a7 600.1512 and any appeal pursuant to \u00a7 600.1513, NMFS will provide notice to all vessel owners impacted by the type-approval revocation via letter and  Federal Register  notice. NMFS will provide information to impacted vessel owners on:\n\n(1) The next steps vessel owners should take to remain in compliance with regional and/or national VMS requirements;\n\n(2) The date, 60-90 calendar days from the notice date, on which the type-approval revocation will become effective;\n\n(3) Reimbursement of the cost of a new type-approved EMTU/EMTU-C, should funding for reimbursement be available pursuant to \u00a7 600.1516."], ["50:50:12.0.1.1.1.17.1.16", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1515 Litigation support.", "FWS", "", "", "", "(a) All technical aspects of a type-approved EMTU, EMTU-C, MTU, MCS, or bundle are subject to being admitted as evidence in a court of law, if needed. The reliability of all technologies utilized in the EMTU, EMTU-C, MTU, MCS, or bundle may be analyzed in court for, inter alia, testing procedures, error rates, peer review, technical processes and general industry acceptance.\n\n(b) The type-approval holder must, as a requirement of the holder's type-approval, provide technical and expert support for litigation to substantiate the EMTU/EMTU-C, MCS, or bundle capabilities to establish NMFS Office of Law Enforcement cases against violators, as needed. If the technologies have previously been subject to such scrutiny in a court of law, the type-approval holder must provide NMFS with a brief summary of the litigation and any court findings on the reliability of the technology.\n\n(c) The type-approval holder will be required to sign a non-disclosure agreement limiting the release of certain information that might compromise the effectiveness of the VMS operations."], ["50:50:12.0.1.1.1.17.1.17", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1516 Reimbursement opportunities for revoked Vessel Monitoring System type-approval products.", "FWS", "", "", "", "(a) Subject to the availability of funds, vessel owners may be eligible for reimbursement payments for a replacement EMTU/EMTU-C if:\n\n(1) All eligibility and process requirements specified by NMFS are met as described in NMFS Policy Directive 06-102; and\n\n(2) The replacement type-approved EMTU/EMTU-C is installed on the vessel, and reporting to NMFS Office of Law Enforcement; and\n\n(3) The type-approval for the previously installed EMTU/EMTU-C has been revoked by NMFS; or\n\n(4) NMFS requires the vessel owner to purchase a new EMTU/EMTU-C prior to the end of an existing unit's service life.\n\n(b) The cap for individual reimbursement payments is subject to change. If this occurs, NMFS Office of Law Enforcement will publish a notice in the  Federal Register  announcing the change."], ["50:50:12.0.1.1.1.17.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1501 Vessel Monitoring System type-approval process.", "FWS", "", "", "", "(a)  Applicability.  Unless otherwise specified, this section applies to EMTUs, EMTU-Cs, units that operate as both an EMTU and EMTU-C, and MCSs. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. MTUs are no longer eligible for type-approval.\n\n(b)  Application submission.  A requestor must submit a written type-approval request and electronic copies of supporting materials that include the information required under this section to the NMFS Office of Law Enforcement (OLE) at: U.S. Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service; Office of Law Enforcement; Attention: Vessel Monitoring System Office; 1315 East-West Highway, SSMC3, Suite 3301, Silver Spring, Maryland 20910.\n\n(c)  Application requirements.  (1) EMTU, EMTU-C, and MCS Identifying Information: In a type-approval request, the requestor should indicate whether the requestor is seeking approval for an EMTU, EMTU-C, MCS, or bundle and must specify identifying characteristics, as applicable: Communication class; manufacturer; brand name; model name; model number; software version and date; firmware version number and date; hardware version number and date; antenna type; antenna model number and date; tablet, monitor or terminal model number and date; MCS to be used in conjunction with the EMTU/EMTU-C; entity providing MCS to the end user; and current global and regional coverage of the MCS.\n\n(2) Requestor-approved third party business entities: The requestor must provide the business name, address, phone number, contact name(s), email address, specific services provided, and geographic region covered for the following third party business entities:\n\n(i) Entities providing bench configuration for the EMTU/EMTU-C at the warehouse or point of supply.\n\n(ii) Entities distributing/selling the EMTU/EMTU-C to end users.\n\n(iii) Entities currently approved by the requestor to install the EMTU/EMTU-C onboard vessels.\n\n(iv) Entities currently approved by the requestor to offer a limited warranty.\n\n(v) Entities approved by the requestor to offer a maintenance service agreement.\n\n(vi) Entities approved by the requestor to repair or install new software on the EMTU/EMTU-C.\n\n(vii) Entities approved by the requestor to train end users.\n\n(viii) Entities approved by the requestor to advertise the EMTU/EMTU-C.\n\n(ix) Entities approved by the requestor to provide other customer services.\n\n(3) Regulatory Requirements and Documentation: In a type-approval request, a requestor must:\n\n(i) Identify the NMFS region(s) and/or Federal fisheries for which the requestor seeks type-approval.\n\n(ii) Include copies of, or citation to, applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries identified under paragraph (c)(3)(i) of this section that require use of VMS.\n\n(iii) Provide a table with the type-approval request that lists in one column each requirement set out in \u00a7\u00a7 600.1502 through 600.1509 and regulations described under paragraph (c)(3)(ii) of this section. NMFS OLE will provide a template for the table upon request. The requestor must indicate in subsequent columns in the table:\n\n(A) Whether the requirement applies to the type-approval; and\n\n(B) Whether the EMTU, EMTU-C, MCS, or bundle meets the requirement.\n\n(iv) Certify that the features, components, configuration and services of the requestor's EMTU/EMTU-C, MCS, or bundle comply with each requirement set out in \u00a7\u00a7 600.1502 through 600.1509 and the regulations described under paragraph (c)(3)(ii) of this section.\n\n(v) Certify that, if the request is approved, the requestor agrees to be responsible for ensuring compliance with each requirement set out in \u00a7\u00a7 600.1502 through 600.1509 and the regulations described under paragraph (c)(3)(ii) of this section over the course of the type-approval period.\n\n(vi) Provide NMFS OLE with two EMTU/EMTU-Cs loaded with forms and software, if applicable, for each NMFS region or Federal fishery, with activated MCS, for which a type-approval request is submitted for a minimum of 90 calendar days for testing and evaluation. For EMTU-Cs, the forms and software may be loaded onto a dedicated message terminal and display component to which the EMTU-C can connect. Copies of forms currently used by NMFS are available upon request. As part of its review, NMFS OLE may perform field tests and at-sea trials that involve demonstrating every aspect of EMTU/EMTU-C and communications operation. The requestor is responsible for all associated costs including paying for: Shipping of the EMTU/EMTU-C to the required NMFS regional offices and/or headquarters for testing; the MCS during the testing period; and shipping of the EMTU/EMTU-C back to the vendor.\n\n(vii) Provide thorough documentation for the EMTU/EMTU-C and MCS, including: EMTU/EMTU-C fact sheets; installation guides; user manuals; any necessary interfacing software; MCS global and regional coverage; performance specifications; and technical support information.\n\n(d)  Certification.  A requestor seeking type-approval of an EMTU/EMTU-C to operate with a class or type of communications, as opposed to type-approval for use with a specific MCS, shall certify that the EMTU/EMTU-C meets requirements under this subpart when using at least one MCSP within that class or type of communications.\n\n(e)  Notification.  Unless additional time is required for EMTU/EMTU-C testing, NMFS OLE will notify the requestor within 90 days after receipt of a complete type-approval request as follows:\n\n(1) If a request is approved or partially approved, NMFS OLE will provide notice as described under \u00a7 600.1510 and the type-approval letter will serve as official documentation and notice of type-approval. OLE will publish and maintain the list of type-approved units on their Vessel Monitoring System web page.\n\n(2) If a request is disapproved or partially disapproved:\n\n(i) OLE will send a letter to the requestor that explains the reason for the disapproval/partial disapproval.\n\n(ii) The requestor may respond to NMFS OLE in writing with additional information to address the reasons for disapproval identified in the NMFS OLE letter. The requestor must submit this response within 21 calendar days of the date of the OLE letter sent under paragraph (e)(2)(i) of this section.\n\n(iii) If any additional information is submitted under paragraph (e)(2)(ii) of this section, NMFS OLE, after reviewing such information, may either take action under paragraph (e)(1) of this section or determine that the request should continue to be disapproved or partially disapproved. In the latter case, the NMFS OLE Director will send a letter to the requestor that explains the reasons for the continued disapproval/partial disapproval. The NMFS OLE Director's decision is final upon issuance of this letter and is not appealable."], ["50:50:12.0.1.1.1.17.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1502 Communications functionality.", "FWS", "", "", "", "(a) Unless otherwise specified, this subsection applies to all VMS units. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. The VMS unit must:\n\n(1) Be able to transmit all automatically-generated position reports.\n\n(2) Provide visible or audible alarms onboard the vessel to indicate malfunctioning of the VMS unit.\n\n(3) Be able to disable non-essential alarms in non-Global Maritime Distress and Safety System (GMDSS) installations.\n\n(4) EMTU/EMTU-Cs must be able to send communications that function uniformly throughout the geographic area(s) covered by the type-approval, except an EMTU-C only needs to be capable of transmission and reception when in the range of a cellular network.\n\n(5) EMTU/EMTU-Cs must have two-way communications between the unit and authorized entities, via MCS, or be able to connect to a device that has two-way communications.\n\n(6) EMTU/EMTU-Cs must be able to run or to connect to a dedicated message terminal and display component that can run software and/or applications that send and receive electronic forms and internet email messages for the purpose of complying with VMS reporting requirements in Federal fisheries. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown.\n\n(7) Have messaging and communications mechanisms that are completely compatible with NMFS vessel monitoring and surveillance software.\n\n(b) In addition, messages and communications from a VMS unit must be able to be parsed out to enable clear billing of costs to the government and to the owner of a vessel or EMTU/EMTU-C, when necessary. Also, the costs associated with position reporting and the costs associated with other communications (for example, personal email or communications/reports to non-NMFS Office of Law Enforcement entities) must be parsed out and billed to separate parties, as appropriate."], ["50:50:12.0.1.1.1.17.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1503 Position report data formats and transmission.", "FWS", "", "", "", "Unless otherwise specified, this subsection applies to all VMS units, MCSs and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. To be type-approved in any given fishery, a VMS unit must also meet any additional positioning information as required by the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must meet the following requirements:\n\n(a) Transmit all automatically-generated position reports, for vessels managed individually or grouped by fleet, that meet the latency requirement under \u00a7 600.1504.\n\n(b) When powered up, must automatically re-establish its position reporting function without manual intervention.\n\n(c) Position reports must contain all of the following:\n\n(1) Unique identification of an EMTU/EMTU-C and clear indication if the unit is an EMTU-C.\n\n(2) Date (year/month/day with century in the year) and time stamp (GMT) of the position fix.\n\n(3) Date (year/month/day with century in the year) and time stamp (GMT) that the EMTU-C position report was sent from the EMTU-C.\n\n(4) Position fixed latitude and longitude, including the hemisphere of each, which comply with the following requirements:\n\n(i) The position fix precision must be to the decimal minute hundredths.\n\n(ii) Accuracy of the reported position must be within 100 meters (328.1 ft).\n\n(d) An EMTU/EMTU-C must have the ability to: (1) Store 1,000 position fixes in local, non-volatile memory.\n\n(2) Allow for defining variable reporting intervals between 5 minutes and 24 hours.\n\n(3) Allow for changes in reporting intervals remotely and only by authorized users.\n\n(e) An EMTU/EMTU-C must generate specially identified position reports upon:\n\n(1) Antenna disconnection.\n\n(2) Loss of positioning reference signals.\n\n(3) Security events, power-up, power down, and other status data.\n\n(4) A request for EMTU/EMTU-C status information such as configuration of programming and reporting intervals.\n\n(5) The EMTUs loss of the mobile communications signals.\n\n(6) An EMTU must generate a specially identified position report upon the vessel crossing of a pre-defined geographic boundary."], ["50:50:12.0.1.1.1.17.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1504 Latency requirement.", "FWS", "", "", "", "(a) Ninety percent of all pre-programmed or requested Global Positioning System position reports during each 24-hour period must reach NMFS within 15 minutes or less of being sent from the VMS unit, for 10 out of 11 consecutive days (24-hour time periods).\n\n(b) NMFS will continually examine latency by region and by type-approval holder.\n\n(c) Exact dates for calculation of latency will be chosen by NMFS. Days in which isolated and documented system outages occur will not be used by NMFS to calculate a type-approval holder's latency."], ["50:50:12.0.1.1.1.17.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1505 Messaging.", "FWS", "", "", "", "(a) Unless otherwise specified, this section applies to all VMS units, MCSs, and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. To be type-approved in any given fishery, a VMS unit must meet messaging information requirements under the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must also meet the following requirements:\n\n(b) An EMTU must be able to run software and/or applications that send email messages for the purpose of complying with VMS reporting requirements in Federal fisheries that require email communication capability. An EMTU-C must be able to run or connect to a device that can run such software and/or applications. In such cases, the EMTU/EMTU-C messaging must provide for the following capabilities:\n\n(1) Messaging from vessel to shore, and from shore to vessel by authorized entities, must have a minimum supported message length of 1 KB. For EMTU-Cs, this messaging capability need only be functional when in range of shore-based cellular communications.\n\n(2) There must be a confirmation of delivery function that allows a user to ascertain whether a specific message was successfully transmitted to the MCS email server(s).\n\n(3) Notification of failed delivery to the EMTU/EMTU-C must be sent to the sender of the message. The failed delivery notification must include sufficient information to identify the specific message that failed and the cause of failure ( e.g.,  invalid address, EMTU/EMTU-C switched off,  etc. ).\n\n(4) The EMTU/EMTU-C must have an automatic retry feature in the event that a message fails to be delivered.\n\n(5) The EMTU/EMTU-C user interface must:\n\n(i) Support an \u201caddress book\u201d capability and a function permitting a \u201creply\u201d to a received message without re-entering the sender's address.\n\n(ii) Provide the ability to review by date order, or by recipient, messages that were previously sent. The EMTU/EMTU-C terminal must support a minimum message history of 50 sent messages\u2014commonly referred to as an \u201cOutbox\u201d or \u201cSent\u201d message display.\n\n(iii) Provide the ability to review by date order, or by sender, all messages received. The EMTU/EMTU-C terminal must support a minimum message history of at least 50 messages in an inbox."], ["50:50:12.0.1.1.1.17.1.7", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1506 Electronic forms.", "FWS", "", "", "", "Unless otherwise specified, this subsection applies to all EMTUs, EMTU-Cs, MCSs, and bundles.\n\n(a)  Forms.  An EMTU/EMTU-C must be able to run, or to connect to and transmit data from a device that can run electronic forms software. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. The EMTU/EMTU-C must be able to support forms software that can hold a minimum of 20 electronic forms, and it must also meet any additional forms requirements in effect for each fishery or region for which the type-approval applies. The EMTU/EMTU-C must meet the following requirements:\n\n(1)  Form Validation:  Each field on a form must be capable of being defined as Optional, Mandatory, or Logic Driven. Mandatory fields are those fields that must be entered by the user before the form is complete. Optional fields are those fields that do not require data entry. Logic-driven fields have their attributes determined by earlier form selections. Specifically, a logic-driven field must allow for selection of options in that field to change the values available as menu selections on a subsequent field within the same form.\n\n(2) A user must be able to select forms from a menu on the EMTU/EMTU-C.\n\n(3) A user must be able to populate a form based on the last values used and \u201cmodify\u201d or \u201cupdate\u201d a prior submission without unnecessary re-entry of data. A user must be able to review a minimum of 20 past form submissions and ascertain for each form when the form was transmitted and whether delivery was successfully sent to the type-approval holder's VMS data processing center. In the case of a transmission failure, a user must be provided with details of the cause and have the opportunity to retry the form submission.\n\n(4) VMS Position Report: Each form must include VMS position data, including latitude, longitude, date and time. Data to populate these fields must be automatically generated by the EMTU/EMTU-C and unable to be manually entered or altered.\n\n(5) Delivery and Format of Forms Data: Delivery of form data to NMFS must employ the same transport security and reliability as set out in \u00a7 600.1507 of this subpart. The forms data and delivery must be completely compatible with NMFS vessel monitoring software.\n\n(b)  Updates to Forms.  (1) The EMTU/EMTU-C and MCS must be capable of providing updates to forms or adding new form requirements via wireless transmission and without manual installation.\n\n(2) From time to time, NMFS may provide type-approved applicants with requirements for new forms or modifications to existing forms. NMFS may also provide notice of forms and form changes through the NMFS Work Order System. Type-approved applicants will be given at least 60 calendar days to complete their implementation of new or changed forms. Applicants will be capable of, and responsible for translating the requirements into their EMTU/EMTU-C-specific forms definitions and wirelessly transmitting the same to all EMTU/EMTU-C terminals supplied to fishing vessels."], ["50:50:12.0.1.1.1.17.1.8", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1507 Communications security.", "FWS", "", "", "", "Communications between an EMTU/EMTU-C and MCS must be secure from tampering or interception, including the reading of passwords and data. The EMTU/EMTU-C and MCS must have mechanisms to prevent to the extent possible:\n\n(a) Sniffing and/or interception during transmission from the EMTU/EMTU-C to MCS.\n\n(b) Spoofing.\n\n(c) False position reports sent from an EMTU/EMTU-C.\n\n(d) Modification of EMTU/EMTU-C identification.\n\n(e) Interference with Global Maritime Distress and Safety System (GMDSS) or other safety/distress functions.\n\n(f) Introduction of malware, spyware, keyloggers, or other software that may corrupt, disturb, or disrupt messages, transmission, and the VMS system.\n\n(g) The EMTU/EMTU-C terminal from communicating with, influencing, or interfering with the Global Positioning System antenna or its functionality, position reports, or sending of position reports. The position reports must not be altered, corrupted, degraded, or at all affected by the operation of the terminal or any of its peripherals or installed-software.\n\n(h) VMS data must be encrypted and sent securely through all associated cellular, satellite, and internet communication pathways and channels."], ["50:50:12.0.1.1.1.17.1.9", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "Q", "Subpart Q\u2014Vessel Monitoring System Type-Approval", "", "\u00a7 600.1508 Field and technical services.", "FWS", "", "", "", "As a requirement of its type-approval, a type-approval holder must communicate with NMFS to resolve technical issues with a VMS Unit, MCS or bundle and ensure that field and technical services includes:\n\n(a) Diagnostic and troubleshooting support to NMFS and fishers, which is available 24 hours a day, seven days per week, and year-round.\n\n(b) Response times for customer service inquiries that shall not exceed 24 hours.\n\n(c) Warranty and maintenance agreements.\n\n(d) Escalation procedures for resolution of problems.\n\n(e) Established facilities and procedures to assist fishers in maintaining and repairing their EMTU, EMTU-C, or MTU.\n\n(f) Assistance to fishers in the diagnosis of the cause of communications anomalies.\n\n(g) Assistance in resolving communications anomalies that are traced to the EMTU, EMTU-C, or MTU.\n\n(h) Assistance to NMFS Office of Law Enforcement and its contractors, upon request, in VMS system operation, resolving technical issues, and data analyses related to the VMS Program or system."], ["50:50:12.0.1.1.1.18.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "R", "Subpart R\u2014Standardized Bycatch Reporting Methodology", "", "\u00a7 600.1600 Purpose and scope.", "FWS", "", "", "", "Section 303(a)(11) of the Magnuson-Stevens Act requires that any fishery management plan (FMP) with respect to any fishery shall establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery. 16 U.S.C. 1853(a)(11). The purpose of a standardized reporting methodology is to collect, record, and report bycatch data in a fishery that, in conjunction with other relevant sources of information, are used to assess the amount and type of bycatch occurring in the fishery and inform the development of conservation and management measures that, to the extent practicable, minimize bycatch and bycatch mortality. This subpart sets forth requirements for and guidance on establishing and reviewing a standardized reporting methodology."], ["50:50:12.0.1.1.1.18.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "R", "Subpart R\u2014Standardized Bycatch Reporting Methodology", "", "\u00a7 600.1605 Definitions and word usage.", "FWS", "", "", "", "(a)  Definitions.  In addition to the definitions in the Magnuson-Stevens Act and \u00a7 600.10,  standardized reporting methodology  means an established, consistent procedure or procedures used to collect, record, and report bycatch data in a fishery, which may vary from one fishery to another. Bycatch assessment is not part of the standardized reporting methodology, but must be considered as described in \u00a7 600.1610(a)(2)(iv).\n\n(b)  Word usage.  The terms \u201cbycatch\u201d and \u201cfishery\u201d are used in the same manner as in 16 U.S.C. 1802. The terms \u201cmust\u201d, \u201cshould\u201d, \u201cmay\u201d, \u201cwill\u201d, \u201ccould\u201d, and \u201ccan\u201d are used in the same manner as in \u00a7 600.305(c). The term \u201cCouncil\u201d is used in the same manner as in \u00a7 600.305(d)(10), and includes the regional fishery management Councils and the Secretary of Commerce, as appropriate (16 U.S.C. 1854(c) and (g))."], ["50:50:12.0.1.1.1.18.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "R", "Subpart R\u2014Standardized Bycatch Reporting Methodology", "", "\u00a7 600.1610 Establishing and reviewing standardized bycatch reporting methodologies in fishery management plans.", "FWS", "", "", "", "(a)  Establishing a standardized reporting methodology \u2014(1)  Fishery management plan contents.  An FMP must identify the required procedure or procedures that constitute the standardized reporting methodology for the fishery. The required procedures may include, but are not limited to, one or more of the following: Observer programs, electronic monitoring and reporting technologies, and self-reported mechanisms ( e.g.,  recreational sampling, industry-reported catch and discard data). The FMP, or a fishery research plan authorized under 16 U.S.C. 1862, must explain how the standardized reporting methodology meets the purpose described in \u00a7 600.1600, based on an analysis of the requirements under \u00a7 600.1610(a)(2). The FMP, or fishery research plan authorized under 16 U.S.C. 1862, may reference analyses and information in other FMPs, FMP amendments, Stock Assessment and Fishery Evaluation (SAFE) reports, or other documents. Councils should work together and collaborate on standardized reporting methodologies for fisheries that operate across multiple jurisdictions, as appropriate. In addition to proposing regulations necessary to implement the standardized reporting methodology, a Council should also provide in its FMP, or a fishery research plan authorized under 16 U.S.C. 1862, guidance to NMFS on how to adjust implementation of a standardized reporting methodology consistent with the FMP. See National Standard 6 guidelines, \u00a7 600.335.\n\n(2)  Requirements for standardized reporting methodology.  The FMP must establish a standardized reporting methodology as provided under \u00a7 600.1610(a)(1) that meets the specific purpose described in \u00a7 600.1600. Due to the inherent diversity of fisheries, different standardized reporting methodologies may be appropriate for different fisheries. However, when establishing or reviewing a standardized reporting methodology, a Council must address the following:\n\n(i)  Information about the characteristics of bycatch in the fishery.  A Council must address information about the characteristics of bycatch in the fishery, when available, including, but not limited to: The amount and type of bycatch occurring in the fishery, which may vary based on different fishing activities and operations; the importance of bycatch in estimating the fishing mortality of fish stocks; and the effect of bycatch on ecosystems.\n\n(ii)  Feasibility.  The implementation of a standardized reporting methodology must be feasible from cost, technical, and operational perspectives. However, feasibility concerns do not exempt an FMP from the requirement to establish a standardized reporting methodology. Recognizing that costs and funding may vary from year to year, a Council must also address how implementation of the standardized reporting methodology may be adjusted while continuing to meet the purpose described under \u00a7 600.1600.\n\n(iii)  Data uncertainty.  A Council must address the uncertainty of the data resulting from the standardized reporting methodology. The standardized reporting methodology must be designed so that the uncertainty associated with the resulting bycatch data can be described, quantitatively or qualitatively. The Council should seek to minimize uncertainty in the resulting data, recognizing that different degrees of data uncertainty may be appropriate for different fisheries.\n\n(iv)  Data use.  A Council must address how data resulting from the standardized reporting methodology are used to assess the amount and type of bycatch occurring in the fishery. A Council must consult with its scientific and statistical committee and/or the regional National Marine Fisheries Service science center on reporting methodology design considerations such as data elements, sampling designs, sample sizes, and reporting frequency. The Council must also consider the scientific methods and techniques available to collect, record, and report bycatch data that could improve the quality of bycatch estimates. Different standardized reporting methodology designs may be appropriate for different fisheries.\n\n(b)  Review of FMPs.  All FMPs must be consistent with this subpart by February 21, 2022. Therefore, a Council, in coordination with NMFS, must conduct a review of its FMPs for consistency with this subpart. A Council does not need to amend an FMP if NMFS determines that it is consistent with this subpart. Thereafter, Councils, in coordination with NMFS, should conduct a review of standardized reporting methodologies at least once every 5 years in order to verify continued compliance with the MSA and this subpart."], ["50:50:12.0.1.1.1.2.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.105 Intercouncil boundaries.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010]", "(a)  New England and Mid-Atlantic Councils.  The boundary begins at the intersection point of Connecticut, Rhode Island, and New York at 41\u00b018\u203216.249\u2033 N. lat. and 71\u00b054\u203228.477\u2033 W. long. and proceeds south 37\u00b022\u203232.75\u2033 East to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act.\n\n(b)  Mid-Atlantic and South Atlantic Councils.  The boundary begins at the seaward boundary between the States of Virginia and North Carolina (36\u00b033\u203201.0\u2033 N. lat), and proceeds due east to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act.\n\n(c)  South Atlantic and Gulf Councils.  The boundary coincides with the line of demarcation between the Atlantic Ocean and the Gulf of America, which begins at the intersection of the outer boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 83\u00b000\u2032 W. long., proceeds northward along that meridian to 24\u00b035\u2032 N. lat., (near the Dry Tortugas Islands), thence eastward along that parallel, through Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys, and then through the Florida Keys to the mainland at the eastern end of Florida Bay, the line so running that the narrow waters within the Dry Tortugas Islands, the Marquesas Keys and the Florida Keys, and between the Florida Keys and the mainland, are within the Gulf of America."], ["50:50:12.0.1.1.1.2.1.10", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.135 Meeting procedures.", "FWS", "", "", "[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010]", "(a)  Regular meetings.  Public notice of a regular meeting, including the meeting agenda, of each Council, CCC, SSC, AP, FIAC, or other committees established under Magnuson-Stevens Act, Sec. 302(g), must be published in the  Federal Register  at least 14 calendar days prior to the meeting date. Appropriate notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery) must be given. E-mail notification and website postings alone are not sufficient. The published agenda of a regular meeting may not be modified to include additional matters for Council action without public notice given at least 14 calendar days prior to the meeting date, unless such modification is necessary to address an emergency under section 305(c) of the Magnuson-Stevens Act, in which case public notice shall be given immediately. Drafts of all regular public meeting notices must be received by NMFS headquarters office at least 23 calendar days before the first day of the regular meeting. Councils must ensure that all public meetings are accessible to persons with disabilities, and that the public can make timely requests for language interpreters or other auxiliary aids at public meetings.\n\n(b)  Emergency meetings.  Drafts of emergency public notices must be transmitted to the NMFS headquarters office at least 5 working days prior to the first day of the emergency meeting. Although notices of and agendas for emergency meetings are not required to be published in the  Federal Register,  notices of emergency meetings must be promptly announced through any means that will result in wide publicity in the major fishing ports of the region. E-mail notification and website postings alone are not sufficient.\n\n(c)  Closed meetings.  After proper notification by any means that will result in wide publicity in the major fishing ports within the region and, having included in the notification the time and place of the meeting and the reason for closing any meeting or portion thereof to the public, a Council, CCC, SSC, AP, FIAC, or other committees:\n\n(1) Must close any meeting, or portion thereof, that concerns information bearing a national security classification.\n\n(2) May close any meeting, or portion thereof, that concerns matters or information pertaining to national security, employment matters, or briefings on litigation in which the Council is interested.\n\n(3) May close any meeting, or portion thereof, that concerns internal administrative matters other than employment. Examples of other internal administrative matters include candidates for appointment to AP, SSC, and other subsidiary bodies and public decorum or medical conditions of members of a Council or its subsidiary bodies. In deciding whether to close a portion of a meeting to discuss internal administrative matters, the Council, CCC, SSC, AP, FIAC, or other committees should consider not only the privacy interests of individuals whose conduct or qualifications may be discussed, but also the interest of the public in being informed of Council operations and actions.\n\n(d) Without the notice required by paragraph (c) of this section, a Council, CCC, SSC, AP, FIAC, or other committees may briefly close a portion of a meeting to discuss employment or other internal administrative matters. The closed portion of a meeting that is closed without notice may not exceed two hours.\n\n(e) Before closing a meeting or portion thereof, the Council, CCC, SSC, AP, FIAC, or other committees should consult with the NOAA Office of General Counsel to ensure that the matters to be discussed fall within the exceptions to the requirement to hold public meetings described in paragraph (c) of this section.\n\n(f) Actions that affect the public, although based on discussions in closed meetings, must be taken in public. For example, appointments to an AP must be made in the public part of the meeting; however, a decision to take disciplinary action against a Council employee need not be announced to the public.\n\n(g) A majority of the voting members of any Council constitute a quorum for Council meetings, but one or more such members designated by the Council may hold hearings.\n\n(h) Decisions of any Council are by majority vote of the voting members present and voting (except for a vote to propose removal of a Council member, see 50 CFR 600.230). Voting by proxy is permitted only pursuant to 50 CFR 600.205 (b). An abstention does not affect the unanimity of a vote.\n\n(i) Voting members of the Council who disagree with the majority on any issue to be submitted to the Secretary, including principal state officials raising federalism issues, may submit a written statement of their reasons for dissent. If any Council member elects to file such a statement, it should be submitted to the Secretary at the same time the majority report is submitted."], ["50:50:12.0.1.1.1.2.1.11", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.140 Procedure for proposed regulations.", "FWS", "", "", "[75 FR 59150, Sept. 27, 2010]", "(a) Each Council must establish a written procedure for proposed regulations consistent with section 303(c) of the Magnuson-Stevens Act. The procedure must describe how the Council deems proposed regulations necessary or appropriate for the purposes of implementing a fishery management plan or a plan amendment, or making modifications to regulations implementing a fishery management plan or plan amendment. In addition, the procedure must describe how the Council submits proposed regulations to the Secretary.\n\n(b) The Councils must include the procedure for proposed regulations in its SOPP, see \u00a7 600.115, or other written documentation that is available to the public."], ["50:50:12.0.1.1.1.2.1.12", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.150 Disposition of records.", "FWS", "", "", "[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59151, Sept. 27, 2010]", "(a) Council records must be handled in accordance with NOAA records management office procedures. All records and documents created or received by Council employees while in active duty status belong to the Federal Government. When employees leave the Council, they may not take the original or file copies of records with them.\n\n(b) Each Council is required to maintain documents generally available to the public on its Internet site. Documents for posting must include: fishery management plans and their amendments for the fisheries for which the Council is responsible, drafts of fishery management plans and plan amendments under consideration, analysis of actions the Council has under review, minutes or official reports of past meetings of the Council and its committees, materials provided by the Council staff to Council members in preparation for meetings, and other Council documents of interest to the public. For documents too large to maintain on the Web site, not available electronically, or seldom requested, the Council must provide copies of the documents for viewing at the Council office during regular business hours or may provide the documents through the mail."], ["50:50:12.0.1.1.1.2.1.13", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.155 Freedom of Information Act (FOIA) requests.", "FWS", "", "", "[80 FR 57738, Sept. 25, 2015]", "(a) FOIA requests received by a Council should be coordinated promptly with the appropriate NMFS Regional Office. The Region will forward the request to the NOAA FOIA Officer to secure a FOIA number and log the request into FOIAonline. The Region will also obtain clearance from the NOAA General Counsel's Office concerning initial determination for denial of requested information.\n\n(b) FOIA request processing will be controlled and documented in the Region. The requests should be forwarded to the NOAA FOIA Officer who will enter the request into FOIAonline. The request will be assigned an official FOIA number and due date. In the event the Region determines that the requested information is exempt from disclosure, in full or in part, under the FOIA, the denial letter prepared for the Assistant Administrator's signature, along with the \u201cForeseeable Harm\u201d Memo and list of documents to be withheld, must be cleared through the NMFS FOIA Liaison. Upon completion, a copy of the signed letter transmitting the information to the requester should be posted to FOIAonline by NMFS."], ["50:50:12.0.1.1.1.2.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.110 Intercouncil fisheries.", "FWS", "", "", "", "If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may\u2014\n\n(a) Designate a single Council to prepare the FMP for such fishery and any amendments to such FMP, in consultation with the other Councils concerned; or\n\n(b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned.\n\n(1) A jointly prepared FMP or amendment must be adopted by a majority of the voting members, present and voting, of each participating Council. Different conservation and management measures may be developed for specific geographic areas, but the FMP should address the entire geographic range of the stock(s).\n\n(2) In the case of joint FMP or amendment preparation, one Council will be designated as the \u201cadministrative lead.\u201d The \u201cadministrative lead\u201d Council is responsible for the preparation of the FMP or any amendments and other required documents for submission to the Secretary.\n\n(3) None of the Councils involved in joint preparation may withdraw without Secretarial approval. If Councils cannot agree on approach or management measures within a reasonable period of time, the Secretary may designate a single Council to prepare the FMP or may issue the FMP under Secretarial authority."], ["50:50:12.0.1.1.1.2.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.115 Statement of organization, practices, and procedures (SOPP).", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010]", "(a) Councils are required to publish and make available to the public a SOPP in accordance with such uniform standards as are prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens Act. The purpose of the SOPP is to inform the public how the Council operates within the framework of the Secretary's uniform standards.\n\n(b) Amendments to current SOPPs must be consistent with the guidelines in this section, subpart C of this part, the terms and conditions of the cooperative agreement (the funding agreement between the Council and NOAA that establishes Council funding and mandates specific requirements regarding the use of those funds), the statutory requirements of the Magnuson-Stevens Act, and other applicable law. Upon approval of a Council's SOPP amendment by the Secretary, a notice of availability must be published in the  Federal Register  that includes an Internet address from which the amended SOPP may be read and downloaded and a mailing address to which the public may write to request copies.\n\n(c) Councils may deviate, where lawful, from the guidelines with appropriate supporting rationale, and Secretarial approval of each amendment to a SOPP would constitute approval of any such deviations for that particular Council."], ["50:50:12.0.1.1.1.2.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.117 Council coordination committee (CCC).", "FWS", "", "", "[75 FR 59150, Sept. 27, 2010]", "(a) The Councils may establish a Council coordination committee (CCC) consisting of the chairs, vice chairs, and executive directors of each of the eight Councils or other Council members or staff, in order to discuss issues of relevance to all Councils.\n\n(b) The CCC is not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App. 2). Procedures for announcing and conducting open and closed meetings of the CCC shall be in accordance with \u00a7 600.135."], ["50:50:12.0.1.1.1.2.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.120 Employment practices.", "FWS", "", "", "[66 FR 57886, Nov. 19, 2001]", "(a) Council staff positions must be filled solely on the basis of merit, fitness for duty, competence, and qualifications. Employment actions must be free from discrimination based on race, religion, color, national origin, sex, age, disability, reprisal, sexual orientation, status as a parent, or on any additional bases protected by applicable Federal, state, or local law.\n\n(b) The annual pay rates for Council staff positions shall be consistent with the pay rates established for General Schedule Federal employees as set forth in 5 U.S.C. 5332, and the Alternative Personnel Management System for the U.S. Department of Commerce (62 FR 67434). The Councils have the discretion to adjust pay rates and pay increases based on cost of living (COLA) differentials in their geographic locations. COLA adjustments in pay rates and pay increases may be provided for staff members whose post of duty is located in Alaska, Hawaii, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and Puerto Rico.\n\n(1) No pay adjustment based on geographic location shall exceed the COLA and locality pay adjustments available to Federal employees in the same geographic area.\n\n(2) [Reserved]\n\n(c) Salary increases funded in lieu of life and medical/dental policies are not permitted.\n\n(d) Unused sick leave may be accumulated without limit, or up to a maximum number of days and contribution per day, as specified by the Council in its SOPP. Distributions of accumulated funds for unused sick leave may be made to the employee upon his or her retirement, or to his or her estate upon his or her death, as established by the Council in its SOPP.\n\n(e) Each Council may pay for unused annual leave upon separation, retirement, or death of an employee.\n\n(f) One or more accounts shall be maintained to pay for unused sick or annual leave as authorized under paragraphs (d) and (e) of this section, and will be funded from the Council's annual operating allowances. Councils have the option to deposit funds into these account(s) at the end of the budget period if unobligated balances remain. Interest earned on these account(s) will be maintained in the account(s), along with the principal, for the purpose of payment of unused annual and sick leave only. These account(s), including interest, may be carried over from year to year. Budgeting for accrued leave will be identified in the \u201cOther\u201d object class categories section of the SF-424A.\n\n(g) A Council must notify the NOAA Office of General Counsel before seeking outside legal advice, which may be for technical assistance not available from NOAA. If the Council is seeking legal services in connection with an employment practices question, the Council must first notify the Department of Commerce's Office of the Assistant General Counsel for Administration, Employment and Labor Law Division. A Council may not contract for the provision of legal services on a continuing basis."], ["50:50:12.0.1.1.1.2.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.125 Budgeting, funding, and accounting.", "FWS", "", "", "[66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010]", "(a) Council grant activities are governed by 15 CFR part 14 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit and Commercial Organizations), 2 CFR part 230 (Cost Principles for Non-Profit Organizations), 15 CFR part 14 (Audit Requirements for Institutions of Higher Education and Other Non-Profit Organizations), and the terms and conditions of the cooperative agreement.\n\n(b) Councils may not independently enter into agreements, including grants, contracts, or cooperative agreements, whereby they will receive funds for services rendered. All such agreements must be approved and entered into by NOAA on behalf of the Councils.\n\n(c) Councils are not authorized to accept gifts or contributions directly. All such donations must be directed to the NMFS Regional Administrator in accordance with applicable Department of Commerce regulations."], ["50:50:12.0.1.1.1.2.1.7", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.130 Protection of confidentiality of statistics.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 89 FR 102013, Dec. 17, 2024]", "Each Council must establish appropriate procedures for ensuring the confidentiality of the information that may be submitted to it by Federal or state authorities and may be voluntarily submitted to it by private persons, including, but not limited to (also see \u00a7 600.405):\n\n(a) Procedures for the restriction of Council member, employee, or advisory group access and the prevention of conflicts of interest, except that such procedures must be consistent with procedures of the Secretary.\n\n(b) In the case of information submitted to the Council by a state, the confidentiality laws and regulations of that state."], ["50:50:12.0.1.1.1.2.1.8", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.133 Scientific and Statistical Committee (SSC).", "FWS", "", "", "[75 FR 59150, Sept. 27, 2010]", "(a) Each Council shall establish, maintain, and appoint the members of an SSC to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council's development and amendment of any fishery management plan.\n\n(b) Each SSC shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.\n\n(c) Members appointed by the Councils to the SSCs shall be Federal employees, State employees, academicians, or independent experts and shall have strong scientific or technical credentials and experience.\n\n(d) An SSC shall hold its meetings in conjunction with the meetings of the Council, to the extent practicable."], ["50:50:12.0.1.1.1.2.1.9", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "B", "Subpart B\u2014Regional Fishery Management Councils", "", "\u00a7 600.134 Stipends.", "FWS", "", "", "[75 FR 59150, Sept. 27, 2010]", "Stipends are available, subject to the availability of appropriations, to members of committees formally designated as SSCs under Sec. 301(g)(1)(a) or APs under Sec. 302(g)(2) of the Magnuson-Stevens Act who are not employed by the Federal Government or a State marine fisheries agency. For the purposes of this section, a state marine fisheries agency includes any state or tribal agency that has conservation, management, or enforcement responsibility for any marine fishery resource."], ["50:50:12.0.1.1.1.3.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.205 Principal state officials and their designees.", "FWS", "", "", "[66 FR 57888, Nov. 19, 2001]", "(a) Only a full-time state employee of the state agency responsible for marine and/or anadromous fisheries shall be appointed by a constituent state Governor as the principal state official for purposes of section 302(b) of the Magnuson-Stevens Act.\n\n(b) A principal state official may name his/her designee(s) to act on his/her behalf at Council meetings. Individuals designated to serve as designees of a principal state official on a Council, pursuant to section 302(b)(1)(A) of the Magnuson-Stevens Act, must be a resident of the state and be knowledgeable and experienced, by reason of his or her occupational or other experience, scientific expertise, or training, in the fishery resources of the geographic area of concern to the Council.\n\n(c) New or revised appointments by state Governors of principal state officials and new or revised designations by principal state officials of their designees(s) must be delivered in writing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the individual may vote on any issue before the Council. A designee may not name another designee. Written appointment of the principal state official must indicate his or her employment status, how the official is employed by the state fisheries agency, and whether the official's full salary is paid by the state. Written designation(s) by the principal state official must indicate how the designee is knowledgeable and experienced in fishery resources of the geographic area of concern to the Council, the County in which the designee resides, and whether the designee's salary is paid by the state."], ["50:50:12.0.1.1.1.3.1.10", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.240 Security assurances.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended 75 FR 59153, Sept. 27, 2010]", "(a) DOC Office of Security will issue security assurances to Council members following completion of favorable background investigations. A Council member's appointment is conditional until such time as the background investigation has been favorably adjudicated. The Secretary will revoke the member's appointment if that member receives an unfavorable background investigation. In instances in which Council members may need to discuss, at closed meetings, materials classified for national security purposes, the agency or individual (e.g., Department of State, U.S. Coast Guard) providing such classified information will be responsible for ensuring that Council members and other attendees have the appropriate security clearances.\n\n(b) Each nominee to a Council is required to complete a Certification of Status form (\u201cform\u201d). All nominees must certify, pursuant to the Foreign Agents Registration Act of 1938, whether they serve as an agent of a foreign principal. Each nominee must certify, date, sign, and return the form with his or her completed nomination kit. Nominees will not be considered for appointment to a Council if they have not filed this form. Any nominee who currently is an agent of a foreign principal will not be eligible for appointment to a Council, and therefore should not be nominated by a Governor for appointment."], ["50:50:12.0.1.1.1.3.1.11", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.245 Council member compensation.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 FR 57888, Nov. 19, 2001]", "(a) All voting Council members whose eligibility for compensation has been established in accordance with NOAA guidelines will be paid through the cooperative agreement as a direct line item on a contractual basis without deductions being made for Social Security or Federal and state income taxes. A report of compensation will be furnished each year by the member's Council to the proper Regional Program Officer, as required by the Internal Revenue Service. Such compensation may be paid on a full day's basis, whether in excess of 8 hours a day or less than 8 hours a day. The time is compensable where the individual member is required to expend a significant private effort that substantially disrupts the daily routine to the extent that a work day is lost to the member. \u201cHomework\u201d time in preparation for formal Council meetings is not compensable.\n\n(b) Non-government Council members receive compensation for:\n\n(1) Days spent in actual attendance at a meeting of the Council or jointly with another Council.\n\n(2) Travel on the day preceding or following a scheduled meeting that precluded the member from conducting his normal business on the day in question.\n\n(3) Meetings of standing committees of the Council if approved in advance by the Chair.\n\n(4) Individual member meeting with scientific and technical advisors, when approved in advance by the Chair and a substantial portion of any day is spent at the meeting.\n\n(5) Conducting or attending hearings, when authorized in advance by the Chair.\n\n(6) Other meetings involving Council business when approved in advance by the Chair.\n\n(c) The Executive Director of each Council must submit to the appropriate Regional Office annually a report, approved by the Council Chair, of Council member compensation authorized. This report shall identify, for each member, amount paid, dates, and location and purpose of meetings attended."], ["50:50:12.0.1.1.1.3.1.12", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.250 Council member training.", "FWS", "", "", "[75 FR 59154, Sept. 27, 2010]", "(a) The Secretary shall provide a training course covering a variety of topics relevant to matters before the Councils and shall make the training course available to all Council members and staff and staff from NMFS regional offices and science centers. To the extent resources allow, the Secretary will make the training available to Council committee and advisory panel members.\n\n(b) Council members appointed after January 12, 2007, shall, within one year of appointment, complete the training course developed by the Secretary. Any Council member who completed such a training course within 24 months of January 12, 2007, is considered to have met the training requirement of this section."], ["50:50:12.0.1.1.1.3.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.207 Pacific Fishery Management Council Tribal Indian representative and alternate.", "FWS", "", "", "[75 FR 59151, Sept. 27, 2010]", "(a) The tribal Indian representative to the Pacific Fishery Management Council may designate an alternate during the period of the representative's term. The designee must be knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned.\n\n(b) New or revised designations of an alternate by the tribal Indian representative must be delivered in writing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the designee may vote on any issue before the Council. In that written document, the tribal Indian representative must indicate how the designee meets the knowledge requirements under paragraph (a) of this section."], ["50:50:12.0.1.1.1.3.1.3", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.210 Terms of Council members.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 75 FR 59151, Sept. 27, 2010]", "(a) Voting members (other than principal state officials, the Regional Administrators, or their designees) are appointed for a term of 3 years and, except as discussed in paragraphs (b) and (c) of this section, may be reappointed. A voting member's Council service of 18 months or more during a term of office will be counted as service for the entire 3-year term.\n\n(b) The anniversary date for measuring terms of membership is August 11. The Secretary may designate a term of appointment shorter than 3 years, if necessary, to provide for balanced expiration of terms of office. Members may not serve more than three consecutive terms.\n\n(c) A member who has completed three consecutive terms will be eligible for appointment to another term one full year after completion of the third consecutive term."], ["50:50:12.0.1.1.1.3.1.4", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.215 Council nomination and appointment procedures.", "FWS", "", "", "[64 FR 4600, Jan. 29, 1999, as amended at 75 FR 59151, Sept. 27, 2010]", "(a)  General.  (1) Each year, the 3-year terms for approximately one-third of the appointed members of the Councils expire. The Secretary of Commerce (Secretary) will appoint or new members or will reappoint seated members to another term to fill the seats being vacated.\n\n(2) There are two categories of seats to which voting members are appointed: \u201cObligatory\u201d and \u201cAt-large.\u201d\n\n(i) Obligatory seats are state specific. Each constituent state is entitled to one seat on the Council on which it is a member, except that the State of Alaska is entitled to five seats and the State of Washington is entitled to two seats on the North Pacific Fishery Management Council. When the term of a state's obligatory member is expiring or when that seat becomes vacant before the expiration of its term, the governor of that state must submit the names of at least three qualified individuals to fill that Council seat.\n\n(ii) The Magnuson-Stevens Act also provides for appointment, by the Secretary, of one treaty Indian tribal representative to the Pacific Fishery Management Council (Pacific Council). To fill that seat, the Secretary solicits written nominations from the heads of governments of those Indian Tribes with federally recognized fishing rights from the States of California, Oregon, Washington, or Idaho. The list of nominees must contain a total of at least three individuals who are knowledgeable and experienced regarding the fishery resources under the authority of the Pacific Council. The Secretary will appoint one tribal Indian representative from this list to the Pacific Council for a term of 3 years and rotate the appointment among the tribes.\n\n(iii) At-large seats are regional. When the term of an at-large member is expiring or when that seat becomes vacant before the expiration of a term, the governors of all constituent states of that Council must each submit the names of at least three qualified individuals to fill the seat.\n\n(b)  Responsibilities of State Governors.  (1) Council members are selected by the Secretary from lists of nominees submitted by Governors of the constituent states, pursuant to section 302(b)(2)(C) of the Magnuson-Stevens Act. For each applicable vacancy, a Governor must submit the names of at least three nominees who meet the qualification requirements of the Magnuson-Stevens Act. A Governor must provide a statement explaining how each of his/her nominees meet the qualification requirements, and must also provide appropriate documentation to the Secretary that each nomination was made in consultation with commercial and recreational fishing interests of that state and that each nominee is knowledgeable and experienced by reason of his or her occupational or other experience, scientific expertise, or training in one or more of the following ways related to the fishery resources of the geographical area of concern to the Council:\n\n(i) Commercial fishing or the processing or marketing of fish, fish products, or fishing equipment;\n\n(ii) Fishing for pleasure, relaxation, or consumption, or experience in any business supporting fishing;\n\n(iii) Leadership in a state, regional, or national organization whose members participate in a fishery in the Council's area of authority;\n\n(iv) The management and conservation of natural resources, including related interactions with industry, government bodies, academic institutions, and public agencies. This includes experience serving as a member of a Council, Advisory Panel, Scientific and Statistical Committee, or Fishing Industry Advisory Committee;\n\n(v) Representing consumers of fish or fish products through participation in local, state, or national organizations, or performing other activities specifically related to the education or protection of consumers of marine resources; or\n\n(vi) Teaching, journalism, writing, consulting, practicing law, or researching matters related to fisheries, fishery management, and marine resource conservation.\n\n(2) To assist in identifying qualifications, each nominee must furnish to the appropriate governor's office a current resume, or equivalent, describing career history\u2014with particular attention to experience related to the criteria in paragraph (b)(1) of this section. Nominees may provide such information in any format they wish.\n\n(3) A constituent State Governor must determine the state of residency of each of his/her nominees. A Governor may not nominate a non-resident of that state for appointment to a Council seat obligated to that state. A Governor may nominate residents of another constituent state of a Council for appointment to an at large seat on that Council.\n\n(4) If, at any time during a term, a member changes residency to another state that is not a constituent state of that Council, or a member appointed to an obligatory seat changes residency to any other state, the member may no longer vote and must resign from the Council. For purposes of this paragraph, a state resident is an individual who maintains his/her principal residence within that constituent state and who, if applicable, pays income taxes to that state and/or to another appropriate jurisdiction within that state.\n\n(5) When the terms of both an obligatory member and an at-large member expire concurrently, the Governor of the state holding the expiring obligatory seat may indicate that the nominees who were not selected for appointment to the obligatory seat may be considered for appointment to an at-large seat, provided that the resulting total number of nominees submitted by that governor for the expiring at-large seat is no fewer than three different nominees.\n\n(c) Nominees to the Gulf Fishery Management Council. (1) The Governors of States submitting nominees to the Secretary for appointment to the Gulf Fishery Management Council shall include:\n\n(i) At least one nominee each from the commercial, recreational, and charter fishing sectors, except that an individual who owns or operates a fish farm outside the United States shall not be considered to be a representative of the commercial or recreational sector; and\n\n(ii) At least one other individual who is knowledgeable regarding the conservation and management of fisheries resources in the jurisdiction of the Council.\n\n(2) Notwithstanding the requirements of paragraphs (a) and (b) of this section, if the Secretary determines that the list of names submitted by the Governor does not meet the requirements of paragraph (c)(1) of this section, the Secretary shall:\n\n(i) Publish a notice in the  Federal Register  asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the requirements of this section that were not met for appointment to the Council; and\n\n(ii) Add the name of any qualified individual submitted by the public who meets the requirements of this section that were not met to the list of names submitted by the Governor.\n\n(3) The requirements of this paragraph (c) shall expire at the end of fiscal year 2012, meaning through September 30, 2012.\n\n(d)  Responsibilities of eligible tribal Indian governments.  The tribal Indian representative on the Pacific Council will be selected by the Secretary from a list of no fewer than three individuals submitted by the tribal Indian governments with federally recognized fishing rights from California, Oregon, Washington, and Idaho, pursuant to section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing the qualifications of each nominee, each head of an appropriate tribal Indian government must furnish to the Assistant Administrator a current resume, or equivalent, describing the nominee's qualifications, with emphasis on knowledge and experience related to the fishery resources affected by recommendations of the Pacific Council. Prior service on the Pacific Council in a different capacity will not disqualify nominees proposed by tribal Indian governments.\n\n(e)  Nomination deadlines.  Nomination packages (governors' letters and completed nomination kits) must be forwarded by express mail under a single mailing to arrive at the address specified by the Assistant Administrator by March 15. For appointments outside the normal cycle, the Secretary will provide a deadline for receipt of nominations to the affected Council and state governors.\n\n(1)  Obligatory seats.  (i) The Governor of the state for which the term of an obligatory seat is expiring should submit the names of at least three qualified individuals to fill that seat by the March 15 deadline. The Secretary will appoint to the Pacific Fishery Management Council a representative of an Indian tribe from a list of no fewer than three individuals submitted by the tribal Indian governments.\n\n(ii) If the Governor or tribal Indian governments fail to provide a nomination letter and at least three complete nomination kits by March 15, the obligatory seat will remain vacant until all required information has been received and processed and the Secretary has made the appointment.\n\n(2)  At-large seats.  (i) If a Governor chooses to submit nominations for an at-large seat, he/she must submit lists that contain at least three qualified nominees for each vacant seat. A nomination letter and a nomination kit for each qualified nominee must be forwarded by express mail under a single mailing to arrive at the address specified by the Assistant Administrator by March 15.\n\n(ii) Nomination packages that are not substantially complete by March 15 may be returned to the nominating Governor. At-large members will be appointed from among the nominations submitted by the governors who complied with the nomination requirements.\n\n(f)  Responsibilities of the Secretary.  (1) The Secretary must, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and recreational fisheries in the Council's area of authority. Further, the Secretary must take action to ensure, to the extent practicable, that those persons dependent for their livelihood upon the fisheries in the Council's area of authority are fairly represented as voting members on the Councils.\n\n(2) The Secretary will review each list submitted by a governor or the tribal Indian governments to ascertain whether the individuals on the list are qualified for the vacancy. If the Secretary determines that a nominee is not qualified, the Secretary will notify the appropriate Governor or tribal Indian government of that determination. The Governor or tribal Indian government shall then submit a revised list of nominees or resubmit the original list with an additional explanation of the qualifications of the nominee in question. The Secretary reserves the right to determine whether nominees are qualified.\n\n(3) The Secretary will select the appointees from lists of qualified nominees provided by the Governors of the constituent Council states or of the tribal Indian governments that are eligible to nominate candidates for that vacancy.\n\n(i) For Governor-nominated seats, the Secretary will select an appointee for an obligatory seat from the list of qualified nominees submitted by the governor of the state. In filling expiring at-large seats, the Secretary will select an appointee(s) for an at-large seat(s) from the list of all qualified candidates submitted. The Secretary will consider only complete slates of nominees submitted by the governors of the Council's constituent states. When an appointed member vacates his/her seat prior to the expiration of his/her term, the Secretary will fill the vacancy for the remainder of the term by selecting from complete nomination letters and kits that are timely and contain the required number of candidates.\n\n(ii) For the tribal Indian seat, the Secretary will solicit nominations of individuals for the list referred to in paragraph (c) of this section only from those Indian tribes with federally recognized fishing rights from California, Oregon, Washington, or Idaho. The Secretary will consult with the Bureau of Indian Affairs, Department of the Interior, to determine which Indian tribes may submit nominations. Any vacancy occurring prior to the expiration of any term shall be filled in the same manner as described in paragraphs (d)(1) and (2) of this section, except that the Secretary may use the list referred to in paragraph (b)(1) of this section from which the vacating member was chosen. The Secretary shall rotate the appointment among the tribes, taking into consideration:\n\n(A) The qualifications of the individuals on the list referred to in paragraph (c) of this section.\n\n(B) The various rights of the Indian tribes involved, and judicial cases that set out the manner in which these rights are to be exercised.\n\n(C) The geographic area in which the tribe of the representative is located.\n\n(D) The limitation that no tribal Indian representative shall serve more than three consecutive terms in the Indian tribal seat."], ["50:50:12.0.1.1.1.3.1.5", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.220 Oath of office.", "FWS", "", "", "[75 FR 59152, Sept. 27, 2010]", "As trustees of the nation's fishery resources, all voting members must take an oath specified by the Secretary as follows: \u201cI, [name of the person taking oath], as a duly appointed member of a Regional Fishery Management Council established under the Magnuson-Stevens Fishery Conservation and Management Act, hereby promise to conserve and manage the living marine resources of the United States of America by carrying out the business of the Council for the greatest overall benefit of the Nation. I recognize my responsibility to serve as a knowledgeable and experienced trustee of the Nation's marine fisheries resources, being careful to balance competing private or regional interests, and always aware and protective of the public interest in those resources. I commit myself to uphold the provisions, standards, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law, and shall conduct myself at all times according to the rules of conduct prescribed by the Secretary of Commerce. This oath is given freely and without mental reservation or purpose of evasion.\u201d"], ["50:50:12.0.1.1.1.3.1.6", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.225 Rules of conduct.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 64185, Nov. 19, 1998; 75 FR 59152, Sept. 27, 2010]", "(a) Council members, as Federal office holders, and Council employees are subject to most Federal criminal statutes covering bribery, conflict-of-interest, disclosure of confidential information, and lobbying with appropriated funds.\n\n(b) The Councils are responsible for maintaining high standards of ethical conduct among themselves, their staffs, and their advisory groups. In addition to abiding by the applicable Federal conflict of interest statutes, both members and employees of the Councils must comply with the following standards of conduct:\n\n(1) No employee of a Council may use his or her official authority or influence derived from his or her position with the Council for the purpose of interfering with or affecting the result of an election to or a nomination for any national, state, county, or municipal elective office.\n\n(2) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements, especially with regard to lobbying, and other restrictions with regard to lobbying as specified in \u00a7 600.227 of this part.\n\n(3) No employee of a Council may be deprived of employment, position, work, compensation, or benefit provided for or made possible by the Magnuson-Stevens Act on account of any political activity or lack of such activity in support of or in opposition to any candidate or any political party in any national, state, county, or municipal election, or on account of his or her political affiliation.\n\n(4) No Council member or employee may pay, offer, promise, solicit, or receive from any person, firm, or corporation a contribution of money or anything of value in consideration of either support or the use of influence or the promise of support or influence in obtaining for any person any appointive office, place, or employment under the Council.\n\n(5) No employee of a Council may have a direct or indirect financial interest that conflicts with the fair and impartial conduct of his or her Council duties.\n\n(6) No Council member, employee of a Council, or member of a Council advisory group may use or allow the use, for other than official purposes, of information obtained through or in connection with his or her Council employment that has not been made available to the general public.\n\n(7) No Council member or employee of the Council may engage in criminal, infamous, dishonest, notoriously immoral, or disgraceful conduct.\n\n(8) No Council member or employee of the Council may use Council property on other than official business. Such property must be protected and preserved from improper or deleterious operation or use.\n\n(9)(i) Except as provided in \u00a7 600.235(h) or in 18 U.S.C. 208, no Council member may participate personally and substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a particular matter in which the member, the member's spouse, minor child, general partner, organization in which the member is serving as officer, director, trustee, general partner, or employee, or any person or organization with whom the member is negotiating or has any arrangement concerning prospective employment, has a financial interest. (Note that this financial interest is broader than the one defined in \u00a7 600.235(a).)\n\n(ii) No Council member may participate personally and substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a particular matter primarily of individual concern, such as a contract, in which he or she has a financial interest, even if the interest has been disclosed in accordance with \u00a7 600.235."], ["50:50:12.0.1.1.1.3.1.7", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.227 Lobbying.", "FWS", "", "", "[75 FR 59152, Sept. 27, 2010]", "(a) Council members, employees and contractors must comply with the requirements of 31 U.S.C. 1352 and Department of Commerce implementing regulations published at 15 CFR part 28, \u201cNew Restrictions on Lobbying.\u201d These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with the award. Because the Councils receive in excess of $100,000 in Federal funding, the regulations mandate that the Councils must complete Form SF-LLL, \u201cDisclosure of Lobbying Activities,\u201d regarding the use of non Federal funds for lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The recipient must submit the Forms SF-LLL, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer.\n\n(b) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements summarized as follows:\n\n(1) Title 2 CFR part 230 - Cost Principles for Nonprofit Organizations (OMB CircularA-122) is applicable to the Federal assistance awards issued to the Councils.\n\n(2) The purpose of the cost principles at 2 CFR part 230 is to define what costs can be paid on Federal awards issued to non-profit organizations. The regulation establishes both general principles and detailed items of costs.\n\n(3) Under 2 CFR part 230, costs for certain lobbying activities are unallowable as charges to Federal awards. These activities would include any attempts to influence:\n\n(i) The introduction of Federal or state legislation;\n\n(ii) The enactment or modification of any pending legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public to contribute to or to participate in any demonstration, march, rally, fundraising drive, lobbying campaign, or letter writing or telephone campaign.\n\n(4) Generally, costs associated with providing a technical and factual presentation directly related to the performance of a grant, through hearing testimony, statements, or letters to Congress or a state legislature are allowable if made in response to a documented request.\n\n(5) Costs associated with lobbying to influence state legislation in order to reduce the cost or to avoid material impairment of the organization's authority to perform the grant are also allowable."], ["50:50:12.0.1.1.1.3.1.8", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.230 Removal.", "FWS", "", "", "[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]", "The Secretary may remove for cause any Secretarially appointed member of a Council in accordance with section 302(b)(6) of the Magnuson-Stevens Act, wherein the Council concerned first recommends removal of that member by not less than two-thirds of the voting members. A recommendation of a Council to remove a member must be made in writing to the Secretary and accompanied by a statement of the reasons upon which the recommendation is based."], ["50:50:12.0.1.1.1.3.1.9", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "C", "Subpart C\u2014Council Membership", "", "\u00a7 600.235 Financial disclosure and recusal.", "FWS", "", "", "[63 FR 64185, Nov. 19, 1998, as amended at 75 FR 59152, Sept. 27, 2010; 85 FR 56182, Sept. 11, 2020]", "(a)  Definitions.  For purposes of \u00a7 600.235:\n\nAffected individual  means an individual who is\u2014\n\n(1) Nominated by the Governor of a state or appointed by the Secretary of Commerce to serve as a voting member of a Council in accordance with section 302(b)(2) of the Magnuson-Stevens Act; or\n\n(2) A representative of an Indian tribe appointed to the Pacific Council by the Secretary of Commerce under section 302(b)(5) of the Magnuson-Stevens Act who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government.\n\n(3) A member of an SSC shall be treated as an affected individual for the purposes of paragraphs (b)(1), (b)(5) through (b)(7), and (i) of this section.\n\nClose causal link  means that a Council decision would reasonably be expected to directly impact or affect the financial interests of an affected individual.\n\nCouncil decision  means approval of a fishery management plan (FMP) or FMP amendment (including any proposed regulations); request for amendment to regulations implementing an FMP; finding that an emergency exists involving any fishery (including recommendations for responding to the emergency); and comments to the Secretary on FMPs or amendments developed by the Secretary. It does not include a vote by a committee of a Council.\n\nDesignated official  means an attorney designated by the NOAA General Counsel.\n\nExpected and substantially disproportionate benefit  means a positive or negative impact with regard to a Council decision that is likely to affect a fishery or sector of a fishery in which the affected individual has a significant financial interest.\n\nFinancial Interest Form  means NOAA Form 88-195, \u201cSTATEMENT OF FINANCIAL INTERESTS For Use By Voting Members of, and Nominees to, the Regional Fishery Management Councils, and Members of the Scientific and Statistical Committee (SSC)\u201d or such other form as the Secretary may prescribe.\n\nFinancial interest in harvesting, processing, lobbying, advocacy, or marketing  (1) includes:\n\n(i) Stock, equity, or other ownership interests in, or employment with, any company, business, fishing vessel, or other entity or employment with any entity that has any percentage ownership in or by another entity engaging in any harvesting, processing, lobbying, advocacy, or marketing activity in any fishery under the jurisdiction of the Council concerned;\n\n(ii) Stock, equity, or other ownership interests in, or employment with, any company or other entity or employment with any entity that has any percentage ownership in or by another entity that provides equipment or other services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned, such as a chandler or a dock operation;\n\n(iii) Employment with, or service as an officer, director, or trustee of, an association whose members include companies, vessels, or other entities engaged in any harvesting, processing, lobbying, advocacy, or marketing activities, or companies or other entities providing services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned; and\n\n(iv) Employment with an entity that has any percentage ownership in or by another entity providing consulting, legal, or representational services to any entity engaging in, or providing equipment or services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned, or to any association whose members include entities engaged in the activities described in paragraphs (1)(i) and (ii) of this definition;\n\n(2) Does not include stock, equity, or other ownership interests in, or employment with, an entity engaging in scientific fisheries research in any fishery under the jurisdiction of the Council concerned, unless it is covered under paragraph (1) of this definition. A financial interest in such entities is covered by 18 U.S.C. 208, the Federal conflict-of-interest statute.\n\nSignificant financial interest  means:\n\n(1) A greater than 10-percent interest in the total harvest of the fishery or sector of the fishery affected by the Council decision;\n\n(2) A greater than 10-percent interest in the marketing or processing of the total harvest of the fishery or sector of the fishery affected by the Council decision; or\n\n(3) Full or partial ownership of more than 10 percent of the vessels using the same gear type within the fishery or sector of the fishery affected by the Council decision.\n\n(b)  Reporting.  (1) The Magnuson-Stevens Act requires the disclosure of any financial interest in harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any fishery over which the Council concerned has jurisdiction. An affected individual must disclose such financial interest held by that individual; the affected individual's spouse, minor child, partner; or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee. The information required to be reported must be disclosed on the Financial Interest Form (as defined in paragraph (a) of this section), or such other form as the Secretary may prescribe.\n\n(2) The Financial Interest Form must be filed by each nominee for Secretarial appointment to the Council with the Assistant Administrator by April 15 or, if nominated after March 15, one month after nomination by the Governor. A seated voting member appointed by the Secretary must file a Financial Interest Form with the Executive Director of the appropriate Council within 45 days of taking office; must file an update of his or her statement with the Executive Director of the appropriate Council within 30 days of the time any such financial interest is acquired or substantially changed by the affected individual or the affected individual's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee; and must update his or her form annually and file that update with the Executive Director of the appropriate Council by February 1 of each year, regardless of whether any information has changed on that form.\n\n(3) The Executive Director must, in a timely manner, provide copies of and updates to the Financial Interest Forms of appointed Council members to the NMFS Regional Administrator, the Regional Attorney who advises the Council, the Department of Commerce Assistant General Counsel for Administration, and the NMFS Office of Sustainable Fisheries. These completed Financial Interest Forms shall be kept on file in the office of the NMFS Regional Administrator and at the Council offices, and shall be made available for public inspection at such offices during normal office hours. In addition, the forms shall be made available at each Council meeting or hearing and shall be posted for download from the Internet on the Council's website.\n\n(4) Councils must retain the Financial Interest Form for a Council member for at least 5 years after the expiration of that individual's last term.\n\n(5) The Regional Administrator must retain the Financial Interest Form for a Council member for 20 years from the date the form is signed by the Council member or in accordance with the current NOAA records schedule.\n\n(6) An individual being considered for appointment to an SSC must file the Financial Interest Form with the Regional Administrator for the geographic area concerned within 45 days prior to appointment. A member of the SSC must file an update of his or her statement with the Regional Administrator for the geographic area concerned within 30 days of the time any such financial interest is acquired or substantially changed by the SSC member or the SSC member's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee; and must update his or her form annually and file that update with the Regional Administrator by February 1 of each year.\n\n(7) An individual who serves as an SSC member to more than one Council shall file Financial Interest Forms with each Regional Administrator for the geographic areas concerned.\n\n(8) The Regional Administrator must retain the Financial Interest Forms of all SSC members for at least five years after the expiration of that individual's term on the SSC. Such forms are not subject to sections 302(j)(5)(B) and (C) of the Magnuson-Stevens Act.\n\n(c)  Restrictions on voting.  (1) No affected individual may vote on any Council decision that would have a significant and predictable effect on a financial interest disclosed in his/her report filed under paragraph (b) of this section.\n\n(2) As used in this section, a Council decision will be considered to have a \u201csignificant and predictable effect on a financial interest\u201d if there is a close causal link between the decision and an expected and substantially disproportionate benefit to the financial interest in harvesting, processing, lobbying, advocacy, or marketing of any affected individual or the affected individual's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee, relative to the financial interests of other participants in the same gear type or sector of the fishery. The relative financial interests of the affected individual and other participants will be determined with reference to the most recent fishing year for which information is available. However, for fisheries in which IFQs are assigned, the percentage of IFQs assigned to the affected individual will be the determining factor.\n\n(3) In making a determination under paragraph (f) of this section as to whether a Council decision will have a significant and predictable effect on an affected individual's financial interests, the designated official will:\n\n(i) Initially determine whether the action before the Council is a Council decision, and whether the affected individual has any financial interest in the fishery or sector of the fishery affected by the action.\n\n(ii) If the designated official determines that the action is not a Council decision or that the affected individual does not have any financial interest in the fishery or sector of the fishery affected by the action, the designated official's inquiry ends and the designated official will determine that a voting recusal is not required under 50 CFR 600.235.\n\n(iii) However, if the designated official determines that the action is a Council decision and that the affected individual has a financial interest in the fishery or sector of the fishery affected by the Council decision, a voting recusal is required under 50 CFR 600.235 if there is:\n\n(A) An expected and substantially disproportionate benefit to the affected individual's financial interest (see paragraph (c)(5) of this section), and\n\n(B) A close causal link (see paragraph (c)(4) of this section) between the Council decision and the expected and substantially disproportionate benefit to the affected individual's financial interest.\n\n(4) A close causal link for Council decisions that either require or do not require implementing regulations is determined as follows:\n\n(i) For all Council decisions that require implementing regulations and that affect a fishery or sector of a fishery in which an affected individual has a financial interest, a close causal link exists unless:\n\n(A) The chain of causation between the Council decision and the affected individual's financial interest is attenuated or is contingent on the occurrence of events that are speculative or that are independent of and unrelated to the Council decision; or\n\n(B) There is no real, as opposed to speculative, possibility that the Council decision will affect the affected individual's financial interest.\n\n(ii) For Council decisions that do not require implementing regulations, a close causal link exists if there is a real, as opposed to speculative, possibility that the Council decision will affect the affected individual's financial interest.\n\n(5) A designated official will determine that an expected and substantially disproportionate benefit exists if an affected individual has a significant financial interest (see paragraph (c)(6) of this section) in the fishery or sector of the fishery that is likely to be positively or negatively affected by the Council decision. The magnitude of the positive or negative impact is not determinative of whether there is an expected and substantially disproportionate benefit. The determining factor is the affected individual's significant financial interest in the fishery or sector of the fishery affected by the Council decision.\n\n(6) When calculating significant financial interest, the designated official will rely on certain information.\n\n(i) The information to be used is as follows:\n\n(A) The designated official will use the information included in the Financial Interest Form and any other reliable and probative information provided in writing.\n\n(B) The designated official may contact an affected individual to better understand the reported financial interest or any information provided in writing.\n\n(C) The designated official will presume that the information reported on the Financial Interest Form is true and correct and the designated official is not responsible for determining the veracity of the reported information when preparing a determination under paragraph (f) of this section.\n\n(D) If an affected individual does not provide information concerning the specific percentage of ownership of a financial interest reported on his or her Financial Interest Form, the designated official will attribute all harvesting, processing, or marketing activity of, and vessels owned by, the financial interest to the affected individual.\n\n(ii) The designated official will apply the following principles when calculating an affected individual's financial interests relative to the significant financial interest thresholds for the fishery or sector of the fishery affected by the action. For purposes of this paragraph, use of the term \u201ccompany\u201d includes any business, vessel, or other entity.\n\n(A) For attributions concerning direct ownership (companies owned by or that employ an affected individual) the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company when the affected individual owns 100 percent of that company. If an affected individual owns less than 100 percent of a company, the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, the company commensurate with the affected individual's percentage of ownership. The designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that employs the affected individual.\n\n(B) For attributions concerning indirect ownership (companies owned by an affected individual's company or employer) the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, a company that is owned by that affected individual's company or employer commensurate with the affected individual's percentage ownership in the directly owned company, and the directly owned company's ownership in the indirectly owned company.\n\n(C) For attributions concerning parent ownership (companies that own some percentage of an affected individual's company or employer) the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that owns fifty percent or more of a company that is owned by the affected individual or that employs the affected individual. The designated official will not attribute to an affected individual the harvesting, processing, or marketing activity of, or any vessels owned by, a company that owns less than fifty percent of a company that is owned by the affected individual or that employs the affected individual.\n\n(D) For attributions concerning employment or service with associations or organizations, an affected individual may be employed by or serve, either compensated or unpaid, as an officer, director, board member or trustee of an association or organization. The designated official will not attribute to the affected individual the vessels owned by, or the harvesting, processing, or marketing activity conducted by, the members of that association or organization if such organization or association, as an entity separate from its members, does not own any vessels and is not directly engaged in harvesting, processing or marketing. However, if such organization or association receives from NMFS an allocation of harvesting or processing privileges, owns vessels, or is directly engaged in harvesting, processing or marketing, the designated official will attribute to the affected individual the vessels owned by, and all harvesting, processing, and marketing activity of, that association or organization.\n\n(E) For the financial interests of a spouse, partner or minor child, the designated official will consider the following factors for ownership and employment.\n\n(1) For the financial interests of a spouse, partner or minor child related to ownership, the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company when the affected individual's spouse, partner or minor child owns 100 percent of that company. If an affected individual's spouse, partner or minor child owns less than 100 percent of a company, the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, the company commensurate with the spouse's, partner's or minor child's percentage of ownership.\n\n(2) For the financial interests of a spouse, partner or minor child related to employment, the designated official will not attribute to an affected individual the harvesting, processing, or marketing activity of, or any vessels owned by, a company that employs the affected individual's spouse, partner or minor child when the spouse's, partner's or minor child's compensation are not influenced by, or fluctuate with, the financial performance of the company. The designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that employs the Council member's spouse, partner or minor child when the spouse's, partner's or minor child's compensation are influenced by, or fluctuate with, the financial performance of the company.\n\n(7) A member of an SSC is not subject to the restrictions on voting under this section.\n\n(d)  Voluntary recusal.  An affected individual who believes that a Council decision would have a significant and predictable effect on that individual's financial interest disclosed under paragraph (b) of this section may, at any time before a vote is taken, announce to the Council an intent not to vote on the decision and identify the financial interest that would be affected.\n\n(e)  Participation in deliberations.  Notwithstanding paragraph (c) of this section, an affected individual who is recused from voting under this section may participate in Council and committee deliberations relating to the decision, after notifying the Council of the voting recusal and identifying the financial interest that would be affected.\n\n(f)  Process and procedure for determination.  (1) At the request of an affected individual, and as provided under paragraphs (c)(3)-(6) of this section, the designated official shall determine for the record whether a Council decision would have a significant and predictable effect on that individual's financial interest. Unless subject to confidentiality requirements, all information considered will be made part of the public record for the decision. The affected individual may request a determination by notifying the designated official\u2014\n\n(i) Within a reasonable time before the Council meeting at which the Council decision will be made; or\n\n(ii) During a Council meeting before a Council vote on the decision.\n\n(2) The designated official may initiate a determination on the basis of\u2014\n\n(i) His or her knowledge of the fishery and the financial interests disclosed by an affected individual; or\n\n(ii) Written and signed information received within a reasonable time before a Council meeting or, if the issue could not have been anticipated before the meeting, during a Council meeting before a Council vote on the decision.\n\n(3) At the beginning of each Council meeting, or during a Council meeting at any time reliable and probative information is received, the designated official shall announce the receipt of information relevant to a determination concerning recusal, the nature of that information, and the identity of the submitter of such information.\n\n(4) If the designated official determines that the affected individual may not vote, the individual may state for the record how he or she would have voted. A Council Chair may not allow such an individual to cast a vote.\n\n(5) A reversal of a determination under paragraph (g) of this section may not be treated as cause for invalidation or reconsideration by the Secretary of a Council's decision.\n\n(6) Regional Recusal Determination Procedure Handbooks shall be developed for reach NMFS Region.\n\n(i) Each NMFS Regional Office, in conjunction with NOAA Office of General Counsel, will publish and make available to the public its Regional Recusal Determination Procedure Handbook, which explains the process and procedure typically followed in preparing and issuing recusal determinations.\n\n(ii) A Regional Recusal Determination Procedure Handbook must include:\n\n(A) A statement that the Regional Recusal Determination Procedure Handbook is intended as guidance to describe the recusal determination process and procedure typically followed within the region.\n\n(B) Identification of the Council(s) to which the Regional Recusal Determination Procedure Handbook applies. If the Regional Recusal Determination Procedure Handbook applies to multiple Councils, any procedure that applies to a subset of those Councils should clearly identify the Council(s) to which the procedure applies.\n\n(C) A description of the process for identifying the fishery or sector of the fishery affected by the action before the Council.\n\n(D) A description of the process for preparing and issuing a recusal determination relative to the timing of a Council decision.\n\n(E) A description of the process by which the Council, Council members, and the public will be made aware of recusal determinations.\n\n(F) A description of the process for identifying the designated official(s) who will prepare recusal determinations and attend Council meetings.\n\n(iii) A Regional Recusal Determination Procedure Handbook may include additional material related to the region's process and procedure for recusal determinations not specifically identified in paragraph (f)(6)(ii) of this section. A Regional Recusal Determination Procedure Handbook may be revised at any time upon agreement by the NMFS Regional Office and NOAA Office of General Counsel.\n\n(g)  Review of determinations.  (1) Any Council member may file a written request to the NOAA General Counsel for review of the designated official's determination. A request for review must be received within 10 days of the determination.\n\n(2) A Council member may request a review of any aspect of the recusal determination, including but not limited to, whether the action is a Council decision, the description of the fishery or sector of the fishery affected by the Council action, the calculation of an affected individual's financial interests or the finding of a significant financial interest, and the existence of a close causal link. A request for review must include a full statement in support of the review, including a concise statement as to why the Council member believes that the recusal determination is in error and why the designated official's determination should be reversed.\n\n(3) If the request for review is from a Council member other than the affected individual whose vote is at issue, the requester must provide a copy of the request to the affected individual at the same time it is submitted to the NOAA General Counsel. The affected individual may submit a response to the NOAA General Counsel within 10 days from the date of his/her receipt of the request for review.\n\n(4) The NOAA General Counsel must complete the review and issue a decision within 30 days from the date of receipt of the request for review. The NOAA General Counsel will limit the review to the record before the designated official at the time of the determination, the request, and any response.\n\n(h) The provisions of 18 U.S.C. 208 regarding conflicts of interest do not apply to an affected individual who is a voting member of a Council appointed by the Secretary, as described under section 302(j)(1)(A)(ii) of the Magnuson-Stevens Act, and who is in compliance with the requirements of this section for filing a Financial Interest Form. The provisions of 18 U.S.C. 208 do not apply to a member of an SSC, unless that individual is an officer or employee of the United States or is otherwise covered by the requirements of 18 U.S.C. 208.\n\n(i) It is unlawful for an affected individual to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required by this section, or to knowingly vote on a Council decision in violation of this section. In addition to the penalties applicable under \u00a7 600.735, a violation of this provision may result in removal of the affected individual from Council or SSC membership."], ["50:50:12.0.1.1.1.4.1.1", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "D", "Subpart D\u2014National Standards", "", "\u00a7 600.305 General.", "FWS", "", "", "[81 FR 71893, Oct. 18, 2016]", "(a)  Purpose.  (1) This subpart establishes guidelines, based on the national standards, to assist in the development and review of FMPs, amendments, and regulations prepared by the Councils and the Secretary.\n\n(2) In developing FMPs, the Councils have the initial authority to ascertain factual circumstances, to establish management objectives, and to propose management measures that will achieve the objectives. The Secretary will determine whether the proposed management objectives and measures are consistent with the national standards, other provisions of the Magnuson-Stevens Act (MSA), and other applicable law. The Secretary has an obligation under section 301(b) of the MSA to inform the Councils of the Secretary's interpretation of the national standards so that they will have an understanding of the basis on which FMPs will be reviewed.\n\n(3) The national standards are statutory principles that must be followed in any FMP. The guidelines summarize Secretarial interpretations that have been, and will be, applied under these principles. The guidelines are intended as aids to decision-making; FMPs formulated according to the guidelines will have a better chance for expeditious Secretarial review, approval, and implementation. FMPs that are not formulated according to the guidelines may not be approved by the Secretary if the FMP or FMP amendment is inconsistent with the MSA or other applicable law (16 U.S.C. 1854(a)(3)).\n\n(b)  Fishery management objectives.  (1) Each FMP, whether prepared by a Council or by the Secretary, should identify what the FMP is designed to accomplish ( i.e.,  the management objectives to be attained in regulating the fishery under consideration). In establishing objectives, Councils balance biological constraints with human needs, reconcile present and future costs and benefits, and integrate the diversity of public and private interests. If objectives are in conflict, priorities should be established among them.\n\n(2) To reflect the changing needs of the fishery over time, Councils should reassess the FMP's management objectives on a regular basis.\n\n(3) How objectives are defined is important to the management process. Objectives should address the problems of a particular fishery. The objectives should be clearly stated, practicably attainable, framed in terms of definable events and measurable benefits, and based upon a comprehensive rather than a fragmentary approach to the problems addressed. An FMP should make a clear distinction between objectives and the management measures chosen to achieve them. The objectives of each FMP provide the context within which the Secretary will judge the consistency of an FMP's conservation and management measures with the national standards.\n\n(c)  Stocks that require conservation and management.  (1) Magnuson-Stevens Act section 302(h)(1) requires a Council to prepare an FMP for each fishery under its authority that requires (or in other words, is in need of) conservation and management. 16 U.S.C. 1852(h)(1). Not every fishery requires Federal management. Any stocks that are predominately caught in Federal waters and are overfished or subject to overfishing, or likely to become overfished or subject to overfishing, are considered to require conservation and management. Beyond such stocks, Councils may determine that additional stocks require \u201cconservation and management.\u201d (See Magnuson-Stevens Act definition at 16 U.S.C. 1802(5)). Based on this definition of conservation and management, and other relevant provisions of the Magnuson-Stevens Act, a Council should consider the following non-exhaustive list of factors when deciding whether additional stocks require conservation and management:\n\n(i) The stock is an important component of the marine environment.\n\n(ii) The stock is caught by the fishery.\n\n(iii) Whether an FMP can improve or maintain the condition of the stock.\n\n(iv) The stock is a target of a fishery.\n\n(v) The stock is important to commercial, recreational, or subsistence users.\n\n(vi) The fishery is important to the Nation or to the regional economy.\n\n(vii) The need to resolve competing interests and conflicts among user groups and whether an FMP can further that resolution.\n\n(viii) The economic condition of a fishery and whether an FMP can produce more efficient utilization.\n\n(ix) The needs of a developing fishery, and whether an FMP can foster orderly growth.\n\n(x) The extent to which the fishery is already adequately managed by states, by state/Federal programs, or by Federal regulations pursuant to other FMPs or international commissions, or by industry self-regulation, consistent with the requirements of the Magnuson-Stevens Act and other applicable law.\n\n(2) In evaluating factors in paragraphs (c)(1)(i) through (x) of this section, a Council should consider the specific circumstances of a fishery, based on the best scientific information available, to determine whether there are biological, economic, social and/or operational concerns that can and should be addressed by Federal management.\n\n(3) When considering adding a stock to an FMP, no single factor is dispositive or required. One or more of the above factors, and any additional considerations that may be relevant to the particular stock, may provide the basis for determining that a stock requires conservation and management. Based on the factor in paragraph (c)(1)(iii) of this section, if the amount and/or type of catch that occurs in Federal waters is a significant contributing factor to the stock's status, such information would weigh heavily in favor of adding a stock to an FMP. However, Councils should consider the factor in paragraph (c)(1)(x) of this section before deciding to include a stock in an FMP. In many circumstances, adequate management of a fishery by states, state/Federal programs, or another Federal FMP would weigh heavily against a Federal FMP action.  See, e.g.,  16 U.S.C. 1851(a)(7) and 1856(a)(3).\n\n(4) When considering removing a stock from, or continuing to include a stock in, an FMP, Councils should prepare a thorough analysis of factors in paragraphs (c)(1)(i) through (x) of this section, and any additional considerations that may be relevant to the particular stock. As mentioned in paragraph (c)(3) of this section, if the amount and/or type of catch that occurs in Federal waters is a significant contributing factor to the stock's status, such information would weigh heavily in favor of continuing to include a stock in an FMP. Councils should consider weighting the factors as follows. Factors in paragraphs (c)(1)(i) through (iii) of this section should be considered first, as they address maintaining a fishery resource and the marine environment.  See  16 U.S.C. 1802(5)(A). These factors weigh in favor of continuing to include a stock in an FMP. Councils should next consider factors in paragraphs (c)(1)(iv) through (ix) of this section, which set forth key economic, social, and other reasons contained within the MSA for an FMP action.  See  16 U.S.C. 1802(5)(B). Finally, a Council should consider the factor in paragraph (c)(1)(x) of this section before deciding to remove a stock from, or continue to include a stock in, an FMP. In many circumstances, adequate management of a fishery by states, state/Federal programs, or another Federal FMP would weigh in favor of removing a stock from an FMP.  See e.g.,  16 U.S.C. 1851(a)(7) and 1856(a)(3).\n\n(5) Councils may choose to identify stocks within their FMPs as ecosystem component (EC) species ( see  \u00a7 \u00a7 600.305(d)(13) and 600.310(d)(1)) if a Council determines that the stocks do not require conservation and management based on the considerations and factors in paragraph (c)(1) of this section. EC species may be identified at the species or stock level, and may be grouped into complexes. Consistent with National Standard 9, MSA section 303(b)(12), and other applicable MSA sections, management measures can be adopted in order to, for example, collect data on the EC species, minimize bycatch or bycatch mortality of EC species, protect the associated role of EC species in the ecosystem, and/or to address other ecosystem issues.\n\n(6) A stock or stock complex may be identified in more than one FMP. In this situation, the relevant Councils should choose which FMP will be the primary FMP in which reference points for the stock or stock complex will be established. In other FMPs, the stock or stock complex may be identified as \u201cother managed stocks\u201d and management measures that are consistent with the objectives of the primary FMP can be established.\n\n(7) Councils should periodically review their FMPs and the best scientific information available and determine if the stocks are appropriately identified. As appropriate, stocks should be reclassified within an FMP, added to or removed from an existing FMP, or added to a new FMP, through an FMP amendment that documents the rationale for the decision.\n\n(d)  Word usage within the National Standard Guidelines.  The word usage refers to all regulations in this subpart.\n\n(1)  Must  is used, instead of \u201cshall\u201d, to denote an obligation to act; it is used primarily when referring to requirements of the Magnuson-Stevens Act, the logical extension thereof, or of other applicable law.\n\n(2)  Shall  is used only when quoting statutory language directly, to avoid confusion with the future tense.\n\n(3)  Should  is used to indicate that an action or consideration is strongly recommended to fulfill the Secretary's interpretation of the Magnuson-Stevens Act, and is a factor reviewers will look for in evaluating a statement of organization, practices, and procedures (SOPP) or an FMP.\n\n(4)  May  is used in a permissive sense.\n\n(5)  Will  is used descriptively, as distinguished from denoting an obligation to act or the future tense.\n\n(6)  Could  is used when giving examples, in a hypothetical, permissive sense.\n\n(7)  Can  is used to mean \u201cis able to,\u201d as distinguished from \u201cmay.\u201d\n\n(8)  Examples  are given by way of illustration and further explanation. They are not inclusive lists; they do not limit options.\n\n(9)  Analysis,  as a paragraph heading, signals more detailed guidance as to the type of discussion and examination an FMP should contain to demonstrate compliance with the standard in question.\n\n(10)  Council  includes the Secretary, as applicable, when preparing FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens Act.\n\n(11)  Target stocks  are stocks or stock complexes that fishers seek to catch for sale or personal use, including such fish that are discarded for economic or regulatory reasons as defined under Magnuson-Stevens Act section 3(9) and 3(38).\n\n(12)  Non-target species  and  non-target stocks  are fish caught incidentally during the pursuit of target stocks in a fishery. Non-target stocks may require conservation and management and, if so, must be included in a FMP and be identified at the stock or stock complex level. If non-target species are not in need of conservation and management, they may be identified in an FMP as ecosystem component species.\n\n(13)  Ecosystem Component Species  ( see  \u00a7\u00a7 600.305(c)(5) and 600.310(d)(1)) are stocks that a Council or the Secretary has determined do not require conservation and management, but desire to list in an FMP in order to achieve ecosystem management objectives.\n\n(e)  Relationship of National Standard 1 to other national standards \u2014 General.  National Standard 1 addresses preventing overfishing and achieving optimum yield.  See  16 U.S.C. 1851(a)(1) and 50 CFR 600.310. National Standards 2 through 10 provide further requirements for conservation and management measures in FMPs.  See  16 U.S.C. 1851(a)(2) through (10) and 50 CFR 600.315 through 600.355. Below is a description of how some of the other National Standards intersect with National Standard 1.\n\n(1)  National Standard 2  ( see  \u00a7 600.315). Management measures and reference points to implement NS1 must be based on the best scientific information available. When data are insufficient to estimate reference points directly, Councils should develop reasonable proxies to the extent possible (also  see  \u00a7 600.310(e)(1)(v)(B)). In cases where scientific data are severely limited, effort should also be directed to identifying and gathering the needed data. SSCs should advise their Councils regarding the best scientific information available for fishery management decisions.\n\n(2)  National Standard 3  ( see  \u00a7 600.320). Reference points should generally be specified in terms of the level of stock aggregation for which the best scientific information is available (also  see  \u00a7 600.310(e)(1)(ii) and (iii)).\n\n(3)  National Standard 6  ( see  \u00a7 600.335). Councils must build into the reference points and control rules appropriate consideration of risk, taking into account uncertainties in estimating harvest, stock conditions, life history parameters, or the effects of environmental factors.\n\n(4)  National Standard 8  ( see  \u00a7 600.345). National Standard 8 addresses economic and social considerations and minimizing to the extent practicable adverse economic impacts on fishing communities within the context of preventing overfishing and rebuilding overfished stocks as required under National Standard 1 and other MSA provisions. Calculation of OY as reduced from maximum sustainable yield (MSY) also includes consideration of economic and social factors, but the combination of management measures chosen to achieve the OY must principally be designed to prevent overfishing and rebuild overfished stocks.\n\n(5)  National Standard 9  ( see  \u00a7 600.350). Evaluation of stock status with respect to reference points must take into account mortality caused by bycatch. In addition, the estimation of catch should include the mortality of fish that are discarded."], ["50:50:12.0.1.1.1.4.1.10", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "D", "Subpart D\u2014National Standards", "", "\u00a7 600.350 National Standard 9\u2014Bycatch.", "FWS", "", "", "[63 FR 24235, May 1, 1998, as amended at 73 FR 67811, Nov. 17, 2008]", "(a)  Standard 9.  Conservation and management measures shall, to the extent practicable:\n\n(1) Minimize bycatch; and\n\n(2) To the extent bycatch cannot be avoided, minimize the mortality of such bycatch.\n\n(b)  General.  This national standard requires Councils to consider the bycatch effects of existing and planned conservation and management measures. Bycatch can, in two ways, impede efforts to protect marine ecosystems and achieve sustainable fisheries and the full benefits they can provide to the Nation. First, bycatch can increase substantially the uncertainty concerning total fishing-related mortality, which makes it more difficult to assess the status of stocks, to set the appropriate OY and define overfishing levels, and to ensure that OYs are attained and overfishing levels are not exceeded. Second, bycatch may also preclude other more productive uses of fishery resources.\n\n(c)  Definition\u2014Bycatch.  The term \u201cbycatch\u201d means fish that are harvested in a fishery, but that are not sold or kept for personal use.\n\n(1)  Inclusions.  Bycatch includes the discard of whole fish at sea or elsewhere, including economic discards and regulatory discards, and fishing mortality due to an encounter with fishing gear that does not result in capture of fish (i.e., unobserved fishing mortality).\n\n(2)  Exclusions.  Bycatch excludes the following:\n\n(i) Fish that legally are retained in a fishery and kept for personal, tribal, or cultural use, or that enter commerce through sale, barter, or trade.\n\n(ii) Fish released alive under a recreational catch-and-release fishery management program. A catch-and-release fishery management program is one in which the retention of a particular species is prohibited. In such a program, those fish released alive would not be considered bycatch.\n\n(iii) Fish harvested in a commercial fishery managed by the Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species harvested in a commercial fishery managed by a Council under the Magnuson-Stevens Act or the Western and Central Pacific Fisheries Convention Implementation Act, that are not regulatory discards and that are tagged and released alive under a scientific tagging and release program established by the Secretary.\n\n(d)  Minimizing bycatch and bycatch mortality.  The priority under this standard is first to avoid catching bycatch species where practicable. Fish that are bycatch and cannot be avoided must, to the extent practicable, be returned to the sea alive. Any proposed conservation and management measure that does not give priority to avoiding the capture of bycatch species must be supported by appropriate analyses. In their evaluation, the Councils must consider the net benefits to the Nation, which include, but are not limited to: Negative impacts on affected stocks; incomes accruing to participants in directed fisheries in both the short and long term; incomes accruing to participants in fisheries that target the bycatch species; environmental consequences; non-market values of bycatch species, which include non-consumptive uses of bycatch species and existence values, as well as recreational values; and impacts on other marine organisms. To evaluate conservation and management measures relative to this and other national standards, as well as to evaluate total fishing mortality, Councils must\u2014\n\n(1)  Promote development of a database on bycatch and bycatch mortality in the fishery to the extent practicable.  A review and, where necessary, improvement of data collection methods, data sources, and applications of data must be initiated for each fishery to determine the amount, type, disposition, and other characteristics of bycatch and bycatch mortality in each fishery for purposes of this standard and of section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should be categorized to focus on management responses necessary to minimize bycatch and bycatch mortality to the extent practicable. When appropriate, management measures, such as at-sea monitoring programs, should be developed to meet these information needs.\n\n(2)  For each management measure, assess the effects on the amount and type of bycatch and bycatch mortality in the fishery.  Most conservation and management measures can affect the amounts of bycatch or bycatch mortality in a fishery, as well as the extent to which further reductions in bycatch are practicable. In analyzing measures, including the status quo, Councils should assess the impacts of minimizing bycatch and bycatch mortality, as well as consistency of the selected measure with other national standards and applicable laws. The benefits of minimizing bycatch to the extent practicable should be identified and an assessment of the impact of the selected measure on bycatch and bycatch mortality provided. Due to limitations on the information available, fishery managers may not be able to generate precise estimates of bycatch and bycatch mortality or other effects for each alternative. In the absence of quantitative estimates of the impacts of each alternative, Councils may use qualitative measures. Information on the amount and type of bycatch should be summarized in the SAFE reports.\n\n(3)  Select measures that, to the extent practicable, will minimize bycatch and bycatch mortality.  (i) A determination of whether a conservation and management measure minimizes bycatch or bycatch mortality to the extent practicable, consistent with other national standards and maximization of net benefits to the Nation, should consider the following factors:\n\n(A) Population effects for the bycatch species.\n\n(B) Ecological effects due to changes in the bycatch of that species (effects on other species in the ecosystem).\n\n(C) Changes in the bycatch of- other species of fish and the resulting population and ecosystem effects.\n\n(D) Effects on marine mammals and birds.\n\n(E) Changes in fishing, processing, disposal, and marketing costs.\n\n(F) Changes in fishing practices and behavior of fishermen.\n\n(G) Changes in research, administration, and enforcement costs and management effectiveness.\n\n(H) Changes in the economic, social, or cultural value of fishing activities and nonconsumptive uses of fishery resources.\n\n(I) Changes in the distribution of benefits and costs.\n\n(J) Social effects.\n\n(ii) The Councils should adhere to the precautionary approach found in the Food and Agriculture Organization of the United Nations (FAO) Code of Conduct for Responsible Fisheries (Article 6.5), which is available from the Director, Publications Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty concerning any of the factors listed in this paragraph (d)(3).\n\n(4)  Monitor selected management measures.  Effects of implemented measures should be evaluated routinely. Monitoring systems should be established prior to fishing under the selected management measures. Where applicable, plans should be developed and coordinated with industry and other concerned organizations to identify opportunities for cooperative data collection, coordination of data management for cost efficiency, and avoidance of duplicative effort.\n\n(e)  Other considerations.  Other applicable laws, such as the MMPA, the ESA, and the Migratory Bird Treaty Act, require that Councils consider the impact of conservation and management measures on living marine resources other than fish; i.e., marine mammals and birds."], ["50:50:12.0.1.1.1.4.1.11", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "D", "Subpart D\u2014National Standards", "", "\u00a7 600.355 National Standard 10\u2014Safety of Life at Sea.", "FWS", "", "", "[63 FR 24236, May 1, 1998]", "(a)  Standard 10.  Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.\n\n(b)  General.  (1) Fishing is an inherently dangerous occupation where not all hazardous situations can be foreseen or avoided. The standard directs Councils to reduce that risk in crafting their management measures, so long as they can meet the other national standards and the legal and practical requirements of conservation and management. This standard is not meant to give preference to one method of managing a fishery over another.\n\n(2) The qualifying phrase \u201cto the extent practicable\u201d recognizes that regulation necessarily puts constraints on fishing that would not otherwise exist. These constraints may create pressures on fishermen to fish under conditions that they would otherwise avoid. This standard instructs the Councils to identify and avoid those situations, if they can do so consistent with the legal and practical requirements of conservation and management of the resource.\n\n(3) For the purposes of this national standard, the safety of the fishing vessel and the protection from injury of persons aboard the vessel are considered the same as \u201csafety of human life at sea. The safety of a vessel and the people aboard is ultimately the responsibility of the master of that vessel. Each master makes many decisions about vessel maintenance and loading and about the capabilities of the vessel and crew to operate safely in a variety of weather and sea conditions. This national standard does not replace the judgment or relieve the responsibility of the vessel master related to vessel safety. The Councils, the USCG, and NMFS, through the consultation process of paragraph (d) of this section, will review all FMPs, amendments, and regulations during their development to ensure they recognize any impact on the safety of human life at sea and minimize or mitigate that impact where practicable.\n\n(c)  Safety considerations.  The following is a non-inclusive list of safety considerations that should be considered in evaluating management measures under national standard 10.\n\n(1)  Operating environment.  Where and when a fishing vessel operates is partly a function of the general climate and weather patterns of an area. Typically, larger vessels can fish farther offshore and in more adverse weather conditions than smaller vessels. An FMP should try to avoid creating situations that result in vessels going out farther, fishing longer, or fishing in weather worse than they generally would have in the absence of management measures. Where these conditions are unavoidable, management measures should mitigate these effects, consistent with the overall management goals of the fishery.\n\n(2)  Gear and vessel loading requirements.  A fishing vessel operates in a very dynamic environment that can be an extremely dangerous place to work. Moving heavy gear in a seaway creates a dangerous situation on a vessel. Carrying extra gear can also significantly reduce the stability of a fishing vessel, making it prone to capsizing. An FMP should consider the safety and stability of fishing vessels when requiring specific gear or requiring the removal of gear from the water. Management measures should reflect a sensitivity to these issues and provide methods of mitigation of these situations wherever possible.\n\n(3)  Limited season and area fisheries.  Fisheries where time constraints for harvesting are a significant factor and with no flexibility for weather, often called \u201cderby\u201d fisheries, can create serious safety problems. To participate fully in such a fishery, fishermen may fish in bad weather and overload their vessel with catch and/or gear. Where these conditions exist, FMPs should attempt to mitigate these effects and avoid them in new management regimes, as discussed in paragraph (e) of this section.\n\n(d)  Consultation.  During preparation of any FMP, FMP amendment, or regulation that might affect safety of human life at sea, the Council should consult with the USCG and the fishing industry as to the nature and extent of any adverse impacts. This consultation may be done through a Council advisory panel, committee, or other review of the FMP, FMP amendment, or regulations. Mitigation, to the extent practicable, and other safety considerations identified in paragraph (c) of this section should be included in the FMP.\n\n(e)  Mitigation measures.  There are many ways in which an FMP may avoid or provide alternative measures to reduce potential impacts on safety of human life at sea. The following is a list of some factors that could be considered when management measures are developed:\n\n(1) Setting seasons to avoid hazardous weather.\n\n(2) Providing for seasonal or trip flexibility to account for bad weather (weather days).\n\n(3) Allowing for pre- and post-season \u201csoak time\u201d to deploy and pick up fixed gear, so as to avoid overloading vessels with fixed gear.\n\n(4) Tailoring gear requirements to provide for smaller or lighter gear for smaller vessels.\n\n(5) Avoiding management measures that require hazardous at-sea inspections or enforcement if other comparable enforcement could be accomplished as effectively.\n\n(6) Limiting the number of participants in the fishery.\n\n(7) Spreading effort over time and area to avoid potential gear and/or vessel conflicts.\n\n(8) Implementing management measures that reduce the race for fish and the resulting incentives for fishermen to take additional risks with respect to vessel safety."], ["50:50:12.0.1.1.1.4.1.2", 50, "Wildlife and Fisheries", "VI", "", "600", "PART 600\u2014MAGNUSON-STEVENS ACT PROVISIONS", "D", "Subpart D\u2014National Standards", "", "\u00a7 600.310 National Standard 1\u2014Optimum Yield.", "FWS", "", "", "[81 FR 71895, Oct. 18, 2016]", "(a)  Standard 1.  Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield (OY) from each fishery for the U.S. fishing industry.\n\n(b)  General.  (1) The guidelines set forth in this section describe fishery management approaches to meet the objectives of National Standard 1 (NS1), and include guidance on:\n\n(i) Specifying maximum sustainable yield (MSY) and OY;\n\n(ii) Specifying status determination criteria (SDC) so that overfishing and overfished determinations can be made for stocks and stock complexes in an FMP;\n\n(iii) Preventing overfishing and achieving OY, incorporation of scientific and management uncertainty in control rules, and adaptive management using annual catch limits (ACL) and measures to ensure accountability ( i.e.,  accountability measures (AMs)); and\n\n(iv) Rebuilding stocks and stock complexes.\n\n(2)  Overview of Magnuson-Stevens Act concepts and provisions related to NS1 \u2014(i)  MSY.  The Magnuson-Stevens Act establishes MSY as the basis for fishery management and requires that: The fishing mortality rate must not jeopardize the capacity of a stock or stock complex to produce MSY; the abundance of an overfished stock or stock complex must be rebuilt to a level that is capable of producing MSY; and OY must not exceed MSY.\n\n(ii)  OY.  The determination of OY is a decisional mechanism for resolving the Magnuson-Stevens Act's conservation and management objectives, achieving an FMP's objectives, and balancing the various interests that comprise the greatest overall benefits to the Nation. OY is based on MSY as reduced under paragraphs (e)(3)(iii)(A) and (B) of this section. The most important limitation on the specification of OY is that the choice of OY and the conservation and management measures proposed to achieve it must prevent overfishing.\n\n(iii)  ACLs and AMs.  Any FMP shall establish a mechanism for specifying ACLs in the FMP (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability (Magnuson-Stevens Act section 303(a)(15)).\n\n(iv)  Reference points.  SDC, MSY, OY, acceptable biological catch (ABC), and ACL, which are described further in paragraphs (e) and (f) of this section, are collectively referred to as \u201creference points.\u201d\n\n(v)  Scientific advice.  The Magnuson-Stevens Act has requirements regarding scientific and statistical committees (SSC) of the Regional Fishery Management Councils, including but not limited to, the following provisions (paragraphs (b)(2)(v)(A) through (D) of this section).  See  the National Standard 2 guidelines for further guidance on SSCs and the peer review process (\u00a7 600.315).\n\n(A) Each Regional Fishery Management Council shall establish an SSC as described in section 302(g)(1)(A) of the Magnuson-Stevens Act.\n\n(B) Each SSC shall provide its Regional Fishery Management Council recommendations for ABC as well as other scientific advice, as described in Magnuson-Stevens Act section 302(g)(1)(B).\n\n(C) The Secretary and each Regional Fishery Management Council may establish a peer review process for that Council for scientific information used to advise the Council about the conservation and management of a fishery ( see  Magnuson-Stevens Act section 302(g)(1)(E)). If a peer review process is established, it should investigate the technical merits of stock assessments and other scientific information to be used by the SSC or agency or international scientists, as appropriate. For Regional Fishery Management Councils, the peer review process is not a substitute for the SSC and both the SSC and peer review process should work in conjunction with each other. For the Secretary, which does not have an SSC, the peer review process should provide the scientific information necessary.\n\n(D) Each Council shall develop ACLs for each of its managed fisheries that may not exceed the \u201cfishing level recommendations\u201d of its SSC or peer review process (Magnuson-Stevens Act section 302(h)(6)). The SSC recommendation that is the most relevant to ACLs is ABC, as both ACL and ABC are levels of annual catch.\n\n(3)  Approach for setting limits and accountability measures, including targets, for consistency with NS1.  When specifying limits and accountability measures, Councils must take an approach that considers uncertainty in scientific information and management control of the fishery. These guidelines describe how the Councils could address uncertainty such that there is a low risk that limits are exceeded as described in paragraphs (f)(2) and (g)(4) of this section.\n\n(4)  Vulnerability.  A stock's vulnerability to fishing pressure is a combination of its productivity, which depends upon its life history characteristics, and its susceptibility to the fishery. Productivity refers to the capacity of the stock to produce MSY and to recover if the population is depleted, and susceptibility is the potential for the stock to be impacted by the fishery, which includes direct captures, as well as indirect impacts of the fishery ( e.g.,  loss of habitat quality).\n\n(c)  Summary of items to include in FMPs related to NS1.  This section provides a summary of items that Councils must include in their FMPs and FMP amendments in order to address ACL, AM, and other aspects of the NS1 guidelines. Councils must describe fisheries data for the stocks and stock complexes in their FMPs, or associated public documents such as Stock Assessment and Fishery Evaluation (SAFE) Reports. For all stocks and stock complexes that require conservation and management ( see  \u00a7 600.305(c)), the Councils must evaluate and describe the following items in their FMPs and amend the FMPs, if necessary, to align their management objectives to end or prevent overfishing and to achieve OY:\n\n(1) MSY and SDC ( see  paragraphs (e)(1) and (2) of this section).\n\n(2) OY at the stock, stock complex, or fishery level and provide the OY specification analysis ( see  paragraph (e)(3) of this section).\n\n(3) ABC control rule ( see  paragraph (f)(2) of this section).\n\n(4) Mechanisms for specifying ACLs ( see  paragraph (f)(4) of this section).\n\n(5) AMs ( see  paragraph (g) of this section).\n\n(6) Stocks and stock complexes that have statutory exceptions from ACLs and AMs ( see  paragraph (h)(1) of this section) or which fall under limited circumstances which require different approaches to meet the Magnuson-Stevens Act requirements ( see  paragraph (h)(2) of this section).\n\n(d)  Stocks and stock complexes \u2014\n\n(1)  Introduction.  As described in \u00a7 600.305(c), Councils should identify in their FMPs the stocks that require conservation and management. Such stocks must have ACLs, other reference points, and accountability measures. Other stocks that are identified in an FMP ( i.e.,  EC species or stocks that the fishery interacts with but are managed primarily under another FMP,  see  \u00a7 600.305(c)(5) through (6)) do not require ACLs, other reference points, or accountability measures.\n\n(2)  Stock complex.  Stocks that require conservation and management can be grouped into stock complexes. A \u201cstock complex\u201d is a tool to manage a group of stocks within a FMP.\n\n(i) At the time a stock complex is established, the FMP should provide, to the extent practicable, a full and explicit description of the proportional composition of each stock in the stock complex. Stocks may be grouped into complexes for various reasons, including where stocks in a multispecies fishery cannot be targeted independent of one another; where there is insufficient data to measure a stock's status relative to SDC; or when it is not feasible for fishermen to distinguish individual stocks among their catch. Where practicable, the group of stocks should have a similar geographic distribution, life history characteristics, and vulnerabilities to fishing pressure such that the impact of management actions on the stocks is similar. The vulnerability of individual stocks should be considered when determining if a particular stock complex should be established or reorganized, or if a particular stock should be included in a complex.\n\n(ii)  Indicator stocks.  (A) An indicator stock is a stock with measurable and objective SDC that can be used to help manage and evaluate more poorly known stocks that are in a stock complex.\n\n(B) Where practicable, stock complexes should include one or more indicator stocks (each of which has SDC and ACLs). Otherwise, stock complexes may be comprised of: Several stocks without an indicator stock (with SDC and an ACL for the complex as a whole), or one or more indicator stocks (each of which has SDC and management objectives) with an ACL for the complex as a whole (this situation might be applicable to some salmon species). Councils should review the available quantitative or qualitative information ( e.g.,  catch trends, changes in vulnerability, fish health indices, etc.) of stocks within a complex on a regular basis to determine if they are being sustainably managed.\n\n(C) If an indicator stock is used to evaluate the status of a complex, it should be representative of the typical vulnerability of stocks within the complex. If the stocks within a stock complex have a wide range of vulnerability, they should be reorganized into different stock complexes that have similar vulnerabilities; otherwise the indicator stock should be chosen to represent the more vulnerable stocks within the complex. In instances where an indicator stock is less vulnerable than other members of the complex, management measures should be more conservative so that the more vulnerable members of the complex are not at risk from the fishery.\n\n(D) More than one indicator stock can be selected to provide more information about the status of the complex.\n\n(E) When indicator stocks are used, the stock complex's MSY could be listed as \u201cunknown,\u201d while noting that the complex is managed on the basis of one or more indicator stocks that do have known stock-specific MSYs, or suitable proxies, as described in paragraph (e)(1)(v) of this section.\n\n(e)  Features of MSY, SDC, and OY \u2014 (1)  MSY.  Each FMP must include an estimate of MSY for the stocks and stock complexes that require conservation and management. MSY may also be specified for the fishery as a whole.\n\n(i)  Definitions.  (A)  MSY  is the largest long-term average catch or yield that can be taken from a stock or stock complex under prevailing ecological, environmental conditions and fishery technological characteristics ( e.g.,  gear selectivity), and the distribution of catch among fleets.\n\n(B)  MSY fishing mortality rate  ( F msy ) is the fishing mortality rate that, if applied over the long term, would result in MSY.\n\n(C)  MSY stock size  ( B msy ) means the long-term average size of the stock or stock complex, measured in terms of spawning biomass or other appropriate measure of the stock's reproductive potential that would be achieved by fishing at F msy.\n\n(ii)  MSY for stocks.  MSY should be estimated for each stock based on the best scientific information available ( see  \u00a7 600.315).\n\n(iii)  MSY for stock complexes.  When stock complexes are used, MSY should be estimated for one or more indicator stocks or for the complex as a whole ( see  paragraph (d)(2)(ii)).\n\n(iv)  Methods of estimating MSY for an aggregate group of stocks.  Estimating MSY for an aggregate group of stocks (including stock complexes and the fishery as a whole) can be done using models that account for multi-species interactions, composite properties for a group of similar species, biomass (energy) flow and production patterns, or other relevant factors ( see  paragraph (e)(3)(iv)(C) of this section).\n\n(v)  Specifying MSY.  (A) Because MSY is a long-term average, it need not be estimated annually, but it must be based on the best scientific information available ( see  \u00a7 600.315), and should be re-estimated as required by changes in long-term environmental or ecological conditions, fishery technological characteristics, or new scientific information.\n\n(B) When data are insufficient to estimate MSY directly, Councils should adopt other measures of reproductive potential that can serve as reasonable proxies for MSY, F msy , and B msy .\n\n(C) The MSY for a stock or stock complex is influenced by its interactions with other stocks in its ecosystem and these interactions may shift as multiple stocks in an ecosystem are fished. Ecological and environmental information should be taken into account, to the extent practicable, when assessing stocks and specifying MSY. Ecological and environmental information that is not directly accounted for in the specification of MSY can be among the ecological factors considered when setting OY below MSY.\n\n(D) As MSY values are estimates or are based on proxies, they will have some level of uncertainty associated with them. The degree of uncertainty in the estimates should be identified, when practicable, through the stock assessment process and peer review ( see  \u00a7 600.335), and should be taken into account when specifying the ABC Control rule ( see  paragraph (f)(2) of this section).\n\n(2)  Status determination criteria \u2014(i)  Definitions.  (A)  Status determination criteria  ( SDC ) mean the measurable and objective factors, MFMT, OFL, and MSST, or their proxies, that are used to determine if overfishing has occurred, or if the stock or stock complex is overfished. Magnuson-Stevens Act (section 3(34)) defines both \u201coverfishing\u201d and \u201coverfished\u201d to mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the MSY on a continuing basis. To avoid confusion, this section clarifies that \u201coverfished\u201d relates to biomass of a stock or stock complex, and \u201coverfishing\u201d pertains to a rate or level of removal of fish from a stock or stock complex.\n\n(B)  Overfishing  occurs whenever a stock or stock complex is subjected to a level of fishing mortality or total catch that jeopardizes the capacity of a stock or stock complex to produce MSY on a continuing basis.\n\n(C)  Maximum fishing mortality threshold (MFMT)  means the level of fishing mortality (i.e. F), on an annual basis, above which overfishing is occurring. The MFMT or reasonable proxy may be expressed either as a single number (a fishing mortality rate or F value), or as a function of spawning biomass or other measure of reproductive potential.\n\n(D)  Overfishing limit (OFL)  means the annual amount of catch that corresponds to the estimate of MFMT applied to a stock or stock complex's abundance and is expressed in terms of numbers or weight of fish.\n\n(E)  Overfished.  A stock or stock complex is considered \u201coverfished\u201d when its biomass has declined below MSST.\n\n(F)  Minimum stock size threshold (MSST)  means the level of biomass below which the capacity of the stock or stock complex to produce MSY on a continuing basis has been jeopardized.\n\n(G)  Approaching an overfished condition.  A stock or stock complex is approaching an overfished condition when it is projected that there is more than a 50 percent chance that the biomass of the stock or stock complex will decline below the MSST within two years.\n\n(ii)  Specification of SDC and overfishing and overfished determinations.  Each FMP must describe how objective and measurable SDCs will be specified, as described in paragraphs (e)(2)(ii)(A) and (B) of this section. To be measurable and objective, SDC must be expressed in a way that enables the Council to monitor the status of each stock or stock complex in the FMP. Applying the SDC set forth in the FMP, the Secretary determines if overfishing is occurring and whether the stock or stock complex is overfished (Magnuson-Stevens Act section 304(e)). SDCs are often based on fishing rates or biomass levels associated with MSY or MSY based proxies. When data are not available to specify SDCs based on MSY or MSY proxies, alternative types of SDCs that promote sustainability of the stock or stock complex can be used. For example, SDC could be based on recent average catch, fish densities derived from visual census surveys, length/weight frequencies, or other methods. In specifying SDC, a Council must provide an analysis of how the SDC were chosen and how they relate to reproductive potential of stocks of fish within the fishery. If alternative types of SDCs are used, the Council should explain how the approach will promote sustainability of the stock or stock complex on a long term basis. A Council should consider a process that allows SDCs to be quickly updated to reflect the best scientific information available. In the case of internationally-managed stocks, the Council may decide to use the SDCs defined by the relevant international body. In this instance, the SDCs should allow the Council to monitor the status of a stock or stock complex, recognizing that the SDCs may not be defined in such a way that a Council could monitor the MFMT, OFL, or MSST as would be done with a domestically managed stock or stock complex.\n\n(A)  SDC to Determine Overfishing Status.  Each FMP must specify a method used to determine the overfishing status for each stock or stock complex. For domestically-managed stocks or stock complexes, one of the following methods (described in (e)(2)(ii)(A)( 1 ) and ( 2 ) of this section) should be specified. If the necessary data to use one of the methods described in either subparagraph (e)(2)(ii)(A)( 1 ) or ( 2 ) is not available, a Council may use an alternate type of overfishing SDC as described in paragraph (e)(2)(ii).\n\n(1) Fishing Mortality Rate Exceeds MFMT.  Exceeding the MFMT for a period of 1 year constitutes overfishing.\n\n(2) Catch Exceeds the OFL.  Exceeding the annual OFL for 1 year constitutes overfishing.\n\n( 3 )  Multi-Year Approach to Determine Overfishing Status.  Subparagraphs (e)(2)(ii)(A) (1) and (2) establish methods to determine overfishing status based on a period of 1 year. As stated in paragraph (e)(2)(ii)(A), a Council should specify, within the FMP, which of these methods will be used to determine overfishing status. However, in certain circumstances, a Council may utilize a multi-year approach to determine overfishing status based on a period of no more than 3 years. The Council should identify in its FMP or FMP amendment, circumstances when the multi-year approach is appropriate and will be used. Such circumstances may include situations where there is high uncertainty in the estimate of F in the most recent year, cases where stock abundance fluctuations are high and assessments are not timely enough to forecast such changes, or other circumstances where the most recent catch or F data does not reflect the overall status of the stock. The multi-year approach to determine overfishing status may not be used to specify future annual catch limits at levels that do not prevent overfishing.\n\n(B)  SDC to determine overfished status.  The MSST or reasonable proxy must be expressed in terms of spawning biomass or other measure of reproductive potential. MSST should be between \n 1/2  B msy  and B msy , and could be informed by the life history of the stock, the natural fluctuations in biomass associated with fishing at MFMT over the long-term, the requirements of internationally-managed stocks, or other considerations.\n\n(C) Where practicable, all sources of mortality including that resulting from bycatch, scientific research catch, and all fishing activities should be accounted for in the evaluation of stock status with respect to reference points.\n\n(iii)  Relationship of SDC to environmental and habitat change.  Some short-term environmental changes can alter the size of a stock or stock complex without affecting its long-term reproductive potential. Long-term environmental changes may affect both the short-term size of the stock or stock complex and the long-term reproductive potential of the stock or stock complex.\n\n(A) If environmental changes cause a stock or stock complex to fall below its MSST without affecting its long-term reproductive potential, fishing mortality must be constrained sufficiently to allow rebuilding within an acceptable time frame ( see  also paragraph (j)(3)(i) of this section). SDC should not be respecified.\n\n(B) If environmental, ecosystem, or habitat changes affect the long-term reproductive potential of the stock or stock complex, one or more components of the SDC must be respecified. Once SDC have been respecified, fishing mortality may or may not have to be reduced, depending on the status of the stock or stock complex with respect to the new criteria.\n\n(C) If manmade environmental changes are partially responsible for a stock or stock complex's biomass being below MSST, in addition to controlling fishing mortality, Councils should recommend restoration of habitat and other ameliorative programs, to the extent possible ( see  also the guidelines issued pursuant to section 305(b) of the Magnuson-Stevens Act for Council actions concerning essential fish habitat).\n\n(iv)  Secretarial approval of SDC.  Secretarial approval or disapproval of proposed SDC will be based on consideration of whether the proposal:\n\n(A) Is based on the best scientific information available;\n\n(B) Contains the elements described in paragraph (e)(2)(ii) of this section;\n\n(C) Provides a basis for objective measurement of the status of the stock or stock complex against the criteria; and\n\n(D) Is operationally feasible.\n\n(3)  Optimum yield.  For stocks that require conservation and management, OY may be established at the stock, stock complex, or fishery level.\n\n(i)  Definitions \u2014 (A)  Optimum yield (OY).  Magnuson-Stevens Act section (3)(33) defines \u201coptimum,\u201d with respect to the yield from a fishery, as the amount of fish that will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities and taking into account the protection of marine ecosystems; that is prescribed on the basis of the MSY from the fishery, as reduced by any relevant economic, social, or ecological factor; and, in the case of an overfished fishery, that provides for rebuilding to a level consistent with producing the MSY in such fishery.\n\n(B) In NS1, use of the phrase \u201cachieving, on a continuing basis, the OY from each fishery\u201d means: producing, from each stock, stock complex, or fishery, an amount of catch that is, on average, equal to the Council's specified OY; prevents overfishing; maintains the long term average biomass near or above B msy ; and rebuilds overfished stocks and stock complexes consistent with timing and other requirements of section 304(e)(4) of the Magnuson-Stevens Act and paragraph (j) of this section.\n\n(ii)  General.  OY is a long-term average amount of desired yield from a stock, stock complex, or fishery. An FMP must contain conservation and management measures, including ACLs and AMs, to achieve OY on a continuing basis, and provisions for information collection that are designed to determine the degree to which OY is achieved. These measures should allow for practical and effective implementation and enforcement of the management regime. If these measures cannot meet the dual requirements of NS1 (preventing overfishing while achieving, on a continuing basis, OY), Councils should either modify the measures or reexamine their OY specifications to ensure that the dual NS1 requirements can be met.\n\n(iii)  Assessing OY.  An FMP must contain an assessment and specification of OY (MSA section 303(a)(3)). The assessment should include: a summary of information utilized in making such specification; an explanation of how the OY specification will produce the greatest benefits to the nation and prevent overfishing and rebuild overfished stocks; and a consideration of the economic, social, and ecological factors relevant to the management of a particular stock, stock complex, or fishery. Consistent with Magnuson-Stevens Act section 302(h)(5), the assessment and specification of OY should be reviewed on a continuing basis, so that it is responsive to changing circumstances in the fishery.\n\n(A)  Determining the greatest benefit to the Nation.  In determining the greatest benefit to the Nation, the values that should be weighed and receive serious attention when considering the economic, social, or ecological factors used in reducing MSY, or its proxy, to obtain OY are:\n\n( 1 ) The benefits of food production derived from providing seafood to consumers; maintaining an economically viable fishery together with its attendant contributions to the national, regional, and local economies; and utilizing the capacity of the Nation's fishery resources to meet nutritional needs.\n\n( 2 ) The benefits of recreational opportunities reflect the quality of both the recreational fishing experience and non-consumptive fishery uses such as ecotourism, fish watching, and recreational diving. Benefits also include the contribution of recreational fishing to the national, regional, and local economies and food supplies.\n\n( 3 ) The benefits of protection afforded to marine ecosystems are those resulting from maintaining viable populations (including those of unexploited species), maintaining adequate forage for all components of the ecosystem, maintaining evolutionary and ecological processes ( e.g.,  disturbance regimes, hydrological processes, nutrient cycles), maintaining productive habitat, maintaining the evolutionary potential of species and ecosystems, and accommodating human use.\n\n(B)  Economic, Ecological, and Social Factors.  Councils should consider the management objectives of their FMPs and their management framework to determine the relevant social, economic, and ecological factors used to determine OY. There will be inherent trade-offs when determining the objectives of the fishery. The following is a non-exhaustive list of potential considerations for social, economic, and ecological factors.\n\n( 1 )  Social factors.  Examples are enjoyment gained from recreational fishing, avoidance of gear conflicts and resulting disputes, preservation of a way of life for fishermen and their families, and dependence of local communities on a fishery ( e.g.,  involvement in fisheries and ability to adapt to change). Consideration may be given to fishery-related indicators ( e.g.,  number of fishery permits, number of commercial fishing vessels, number of party and charter trips, landings, ex-vessel revenues etc.) and non-fishery related indicators ( e.g.,  unemployment rates, percent of population below the poverty level, population density, etc.), and preference for a particular type of fishery ( e.g.,  size of the fishing fleet, type of vessels in the fleet, permissible gear types). Other factors that may be considered include the effects that past harvest levels have had on fishing communities, the cultural place of subsistence fishing, obligations under tribal treaties, proportions of affected minority and low-income groups, and worldwide nutritional needs.\n\n( 2 )  Economic factors.  Examples are prudent consideration of the risk of overharvesting when a stock's size or reproductive potential is uncertain ( see  \u00a7 600.335(c)(2)(i)), satisfaction of consumer and recreational needs, and encouragement of domestic and export markets for U.S. harvested fish. Other factors that may be considered include: The value of fisheries, the level of capitalization, the decrease in cost per unit of catch afforded by an increase in stock size, the attendant increase in catch per unit of effort, alternate employment opportunities, and economic contribution to fishing communities, coastal areas, affected states, and the nation.\n\n( 3 )  Ecological factors.  Examples include impacts on EC species, forage fish stocks, other fisheries, predator-prey or competitive interactions, marine mammals, threatened or endangered species, and birds. Species interactions that have not been explicitly taken into account when calculating MSY should be considered as relevant factors for setting OY below MSY. In addition, consideration should be given to managing forage stocks for higher biomass than B msy  to enhance and protect the marine ecosystem. Also important are ecological or environmental conditions that stress marine organisms or their habitat, such as natural and manmade changes in wetlands or nursery grounds, and effects of pollutants on habitat and stocks.\n\n(iv)  Specifying OY.  If the estimates of MFMT and current biomass are known with a high level of certainty and management controls can accurately limit catch, then OY could be set very close to MSY, assuming no other reductions are necessary for social, economic, or ecological factors. To the degree that such MSY estimates and management controls are lacking or unavailable, OY should be set farther from MSY.\n\n(A) The OY can be expressed in terms of numbers or weight of fish, and either as a single value or a range. When it is not possible to specify OY quantitatively, OY may be described qualitatively.\n\n(B) The determination of OY is based on MSY, directly or through proxy. However, even where sufficient scientific data as to the biological characteristics of the stock do not exist, or where the period of exploitation or investigation has not been long enough for adequate understanding of stock dynamics, or where frequent large-scale fluctuations in stock size diminish the meaningfulness of the MSY concept, OY must still be established based on the best scientific information available.\n\n(C) An OY established at a fishery level may not exceed the sum of the MSY values for each of the stocks or stocks complexes within the fishery. Aggregate level MSY estimates could be used as a basis for specifying OY for the fishery ( see  paragraph (e)(1)(iv) of this section). When aggregate level MSY is estimated, single stock MSY estimates can also be used to inform single stock management. For example, OY could be specified for a fishery, while other reference points are specified for individual stocks in order to prevent overfishing on each stock within the fishery.\n\n(D) For internationally-managed stocks, fishing levels that are agreed upon by the U.S. at the international level are considered to be consistent with OY requirements under the MSA and these guidelines.\n\n(v)  OY and foreign fishing.  Section 201(d) of the Magnuson-Stevens Act provides that fishing by foreign nations is limited to that portion of the OY that will not be harvested by vessels of the United States. The FMP must include an assessment to address the following, as required by section 303(a)(4) of the Magnuson-Stevens Act:\n\n(A) The OY specification is the basis for establishing any total allowable level of foreign fishing (TALFF).\n\n(B) Part of the OY may be held as a reserve to allow for domestic annual harvest (DAH). If an OY reserve is established, an adequate mechanism should be included in the FMP to permit timely release of the reserve to domestic or foreign fishermen, if necessary.\n\n(C)  DAH.  Councils and/or the Secretary must consider the capacity of, and the extent to which, U.S. vessels will harvest the OY on an annual basis. Estimating the amount that U.S. fishing vessels will actually harvest is required to determine the surplus.\n\n(D)  Domestic annual processing (DAP).  Each FMP must assess the capacity of U.S. processors. It must also assess the amount of DAP, which is the sum of two estimates: The estimated amount of U.S. harvest that domestic processors will process, which may be based on historical performance or on surveys of the expressed intention of manufacturers to process, supported by evidence of contracts, plant expansion, or other relevant information; and the estimated amount of fish that will be harvested by domestic vessels, but not processed ( e.g.,  marketed as fresh whole fish, used for private consumption, or used for bait).\n\n(E)  Joint venture processing (JVP).  When DAH exceeds DAP, the surplus is available for JVP.\n\n(f)  Acceptable biological catch and annual catch limits \u2014(1)  Definitions. \u2014 (i)  Catch  is the total quantity of fish, measured in weight or numbers of fish, taken in commercial, recreational, subsistence, tribal, and other fisheries. Catch includes fish that are retained for any purpose, as well as mortality of fish that are discarded.\n\n(ii)  Acceptable biological catch (ABC)  is a level of a stock or stock complex's annual catch, which is based on an ABC control rule that accounts for the scientific uncertainty in the estimate of OFL, any other scientific uncertainty, and the Council's risk policy.\n\n(iii)  Annual catch limit (ACL)  is a limit on the total annual catch of a stock or stock complex, which cannot exceed the ABC, that serves as the basis for invoking AMs. An ACL may be divided into sector-ACLs ( see  paragraph (f)(4) of this section).\n\n(iv)  Control rule  is a policy for establishing a limit or target catch level that is based on the best scientific information available and is established by the Council in consultation with its SSC.\n\n(v)  Management uncertainty  refers to uncertainty in the ability of managers to constrain catch so that the ACL is not exceeded, and the uncertainty in quantifying the true catch amounts ( i.e.,  estimation errors). The sources of management uncertainty could include: Late catch reporting; misreporting; underreporting of catches; lack of sufficient inseason management, including inseason closure authority; or other factors.\n\n(vi)  Scientific uncertainty  refers to uncertainty in the information about a stock and its reference points. Sources of scientific uncertainty could include: Uncertainty in stock assessment results; uncertainty in the estimates of MFMT, MSST, the biomass of the stock, and OFL; time lags in updating assessments; the degree of retrospective revision of assessment results; uncertainty in projections; uncertainties due to the choice of assessment model; longer-term uncertainties due to potential ecosystem and environmental effects; or other factors.\n\n(2)  ABC control rule. \u2014 (i) For stocks and stock complexes required to have an ABC, each Council must establish an ABC control rule that accounts for scientific uncertainty in the OFL and for the Council's risk policy, and that is based on a comprehensive analysis that shows how the control rule prevents overfishing. The Council's risk policy could be based on an acceptable probability (at least 50 percent) that catch equal to the stock's ABC will not result in overfishing, but other appropriate methods can be used. When determining the risk policy, Councils could consider the economic, social, and ecological trade-offs between being more or less risk averse. The Council's choice of a risk policy cannot result in an ABC that exceeds the OFL. The process of establishing an ABC control rule may involve science advisors or the peer review process established under Magnuson-Stevens Act section 302(g)(1)(E).\n\n(ii) The ABC control rule must articulate how ABC will be set compared to the OFL based on the scientific knowledge about the stock or stock complex and taking into account scientific uncertainty ( see  paragraph (f)(1)(vi) of this section). The ABC control rule should consider reducing fishing mortality as stock size declines below B msy  and as scientific uncertainty increases, and may establish a stock abundance level below which fishing would not be allowed. When scientific uncertainty cannot be directly calculated, such as when proxies are used, then a proxy for the uncertainty should be established based on the best scientific information, including comparison to other stocks. The control rule may be used in a tiered approach to address different levels of scientific uncertainty. Councils can develop ABC control rules that allow for changes in catch limits to be phased-in over time or to account for the carry-over of some of the unused portion of the ACL from one year to the next. The Council must articulate within its FMP when the phase-in and/or carry-over provisions of the control rule can and cannot be used and how each provision prevents overfishing, based on a comprehensive analysis.\n\n(A)  Phase-in ABC control rules.  Large changes in catch limits due to new scientific information about the status of the stock can have negative short-term effects on a fishing industry. To help stabilize catch levels as stock assessments are updated, a Council may choose to develop a control rule that phases in changes to ABC over a period of time, not to exceed 3 years, as long as overfishing is prevented each year ( i.e.,  the phased-in catch level cannot exceed the OFL in any year). In addition, the Councils should evaluate the appropriateness of phase-in provisions for stocks that are overfished and/or rebuilding, as the overriding goal for such stocks is to rebuild them in as short a time as possible.\n\n(B)  Carry-over ABC control rules.  An ABC control rule may include provisions for the carry-over of some of the unused portion of an ACL ( i.e.,  an ACL underage) from one year to increase the ABC for the next year, based on the increased stock abundance resulting from the fishery harvesting less than the full ACL. The resulting ABC recommended by the SSC must prevent overfishing and must consider scientific uncertainty consistent with the Council's risk policy. Carry-over provisions could also allow an ACL to be adjusted upwards as long as the revised ACL does not exceed the specified ABC. When considering whether to use a carry-over provision, Councils should consider the likely reason for the ACL underage. ACL underages that result from management uncertainty ( e.g.,  premature fishery closure) may be appropriate circumstances for considering a carry-over provision. ACL underages that occur as a result of poor or unknown stock status may not be appropriate to consider in a carry-over provision. In addition, the Councils should evaluate the appropriateness of carry-over provisions for stocks that are overfished and/or rebuilding, as the overriding goal for such stocks is to rebuild them in as short a time as possible.\n\n(3)  Specification of ABC.  ABC may not exceed OFL ( see  paragraph (e)(2)(i)(D) of this section). Councils and their SSC should develop a process by which the SSC can access the best scientific information available when implementing the ABC control rule ( i.e.,  specifying the ABC). The SSC must recommend the ABC to the Council. An SSC may recommend an ABC that differs from the result of the ABC control rule calculation, based on factors such as data uncertainty, recruitment variability, declining trends in population variables, and other factors, but must provide an explanation for the deviation. For Secretarial FMPs or amendments, agency scientists or a peer review process would provide the scientific advice to establish ABC. For internationally-assessed stocks, an ABC as defined in these guidelines is not required if stocks fall under the international exception ( see  paragraph (h)(1)(ii) of this section). While the ABC is allowed to equal OFL, NMFS expects that in most cases ABC will be reduced from OFL to reduce the probability that overfishing might occur.\n\n(i)  Expression of ABC.  ABC should be expressed in terms of catch, but may be expressed in terms of landings as long as estimates of bycatch and any other fishing mortality not accounted for in the landings are incorporated into the determination of ABC.\n\n(ii)  ABC for overfished stocks.  For overfished stocks and stock complexes, a rebuilding ABC must be set to reflect the annual catch that is consistent with the schedule of fishing mortality rates ( i.e.,  F rebuild ) in the rebuilding plan.\n\n(4)  Setting the annual catch limit \u2014 (i)  General.  ACL cannot exceed the ABC and may be set annually or on a multiyear plan basis. ACLs in coordination with AMs must prevent overfishing ( see  MSA section 303(a)(15)). If an Annual Catch Target (ACT), or functional equivalent, is not used, management uncertainty should be accounted for in the ACL. If a Council recommends an ACL which equals ABC, and the ABC is equal to OFL, the Secretary may presume that the proposal would not prevent overfishing, in the absence of sufficient analysis and justification for the approach. A \u201cmultiyear plan\u201d as referenced in section 303(a)(15) of the Magnuson-Stevens Act is a plan that establishes harvest specifications or harvest guidelines for each year of a time period greater than 1 year. A multiyear plan must include a mechanism for specifying ACLs for each year with appropriate AMs to prevent overfishing and maintain an appropriate rate of rebuilding if the stock or stock complex is in a rebuilding plan. A multiyear plan must provide that, if an ACL is exceeded for a year, then AMs are implemented for the next year consistent with paragraph (g)(3) of this section.\n\n(ii)  Sector-ACLs.  A Council may, but is not required to, divide an ACL into sector-ACLs. If sector-ACLs are used, sector-AMs should also be specified. \u201cSector,\u201d for purposes of this section, means a distinct user group to which separate management strategies and separate catch quotas apply. Examples of sectors include the commercial sector, recreational sector, or various gear groups within a fishery. If the management measures for different sectors differ in the degree of management uncertainty, then sector-ACLs may be necessary so that appropriate AMs can be developed for each sector. If a Council chooses to use sector-ACLs, the sum of sector-ACLs must not exceed the stock or stock complex level ACL. The system of ACLs and AMs designed must be effective in protecting the stock or stock complex as a whole. Even if sector-ACLs and sector-AMs are established, additional AMs at the stock or stock complex level may be necessary.\n\n(iii)  ACLs for State-Federal Fisheries.  For stocks or stock complexes that have harvest in state or territorial waters, FMPs and FMP amendments should include an ACL for the overall stock that may be further divided. For example, the overall ACL could be divided into a Federal-ACL and state-ACL. However, NMFS recognizes that Federal management is limited to the portion of the fishery under Federal authority.  See  16 U.S.C. 1856. When stocks are co-managed by Federal, state, tribal, and/or territorial fishery managers, the goal should be to develop collaborative conservation and management strategies, and scientific capacity to support such strategies (including AMs for state or territorial and Federal waters), to prevent overfishing of shared stocks and ensure their sustainability.\n\n(iv)  Relationship between OY and the ACL framework.  The dual goals of NS1 are to prevent overfishing and achieve OY on a continuing basis. The ABC is an upper limit on catch that prevents overfishing within an established framework of risk and other considerations. As described in paragraph (e)(3) of this section, ecological, economic, and social factors, as well as values associated with determining the greatest benefit to the Nation, are important considerations in specifying OY. These types of considerations can also be considered in the ACL framework. For example, an ACL (or ACT) could be set lower than the ABC to account for ecological, economic, and social factors ( e.g.,  needs of forage fish, promoting stability, addressing market conditions, etc.). Additionally, economic, social, or ecological trade-offs could be evaluated when determining the risk policy for an ABC control rule ( see  paragraph (f)(2) of this section). While OY is a long-term average amount of desired yield, there is, for each year, an amount of fish that is consistent with achieving the long-term OY. A Council can choose to express OY on an annual basis, in which case the FMP or FMP amendment should indicate that the OY is an \u201cannual OY.\u201d An annual OY cannot exceed the ACL.\n\n(g)  Accountability measures (AMs) \u2014(1)  Introduction.  AMs are management controls to prevent ACLs, including sector-ACLs, from being exceeded, and to correct or mitigate overages of the ACL if they occur. AMs should address and minimize both the frequency and magnitude of overages and correct the problems that caused the overage in as short a time as possible. NMFS identifies two categories of AMs, inseason AMs and AMs for when the ACL is exceeded. The FMP should identify what sources of data will be used to implement AMs ( e.g.,  inseason data, annual catch compared to the ACL, or multi-year averaging approach).\n\n(2)  Inseason AMs.  Whenever possible, FMPs should include inseason monitoring and management measures to prevent catch from exceeding ACLs. Inseason AMs could include, but are not limited to: An annual catch target ( see  paragraph (g)(4) of this section); closure of a fishery; closure of specific areas; changes in gear; changes in trip size or bag limits; reductions in effort; or other appropriate management controls for the fishery. If final data or data components of catch are delayed, Councils should make appropriate use of preliminary data, such as landed catch, in implementing inseason AMs. FMPs should contain inseason closure authority giving NMFS the ability to close fisheries if it determines, based on data that it deems sufficiently reliable, that an ACL has been exceeded or is projected to be reached, and that closure of the fishery is necessary to prevent overfishing. For fisheries without inseason management control to prevent the ACL from being exceeded, AMs should utilize ACTs that are set below ACLs so that catches do not exceed the ACL.\n\n(3)  AMs for when the ACL is exceeded.  On an annual basis, the Council must determine as soon as possible after the fishing year if an ACL was exceeded. If an ACL was exceeded, AMs must be implemented as soon as possible to correct the operational issue that caused the ACL overage, as well as any biological consequences to the stock or stock complex resulting from the overage when it is known. These AMs could include, among other things, modifications of inseason AMs, the use or modification of ACTs, or overage adjustments. The type of AM chosen by a Council will likely vary depending on the sector of the fishery, status of the stock, the degree of the overage, recruitment patterns of the stock, or other pertinent information. If an ACL is set equal to zero and the AM for the fishery is a closure that prohibits fishing for a stock, additional AMs are not required if only small amounts of catch (including bycatch) occur, and the catch is unlikely to result in overfishing. For stocks and stock complexes in rebuilding plans, the AMs should include overage adjustments that reduce the ACLs in the next fishing year by the full amount of the overage, unless the best scientific information available shows that a reduced overage adjustment, or no adjustment, is needed to mitigate the effects of the overage.\n\n(4)  Annual Catch Target (ACT) and ACT control rule.  ACTs, or the functional equivalent, are recommended in the system of AMs so that ACL is not exceeded. An ACT is an amount of annual catch of a stock or stock complex that is the management target of the fishery, and accounts for management uncertainty in controlling the catch at or below the ACL. ACT control rules can be used to articulate how management uncertainty is accounted for in setting the ACT. ACT control rules can be developed by the Council, in coordination with the SSC, to help the Council account for management uncertainty.\n\n(5)  AMs based on multi-year average data.  Some fisheries have highly variable annual catches and lack reliable inseason or annual data on which to base AMs. If there are insufficient data upon which to compare catch to ACL, AMs could be based on comparisons of average catch to average ACL over a three-year moving average period or, if supported by analysis, some other appropriate multi-year period. Councils should explain why basing AMs on a multi-year period is appropriate. Evaluation of the moving average catch to the average ACL must be conducted annually, and if the average catch exceeds the average ACL, appropriate AMs should be implemented consistent with paragraph (g)(3) of this section.\n\n(6)  AMs for State-Federal Fisheries.  For stocks or stock complexes that have harvest in state or territorial waters, FMPs and FMP amendments must, at a minimum, have AMs for the portion of the fishery under Federal authority. Such AMs could include closing the EEZ when the Federal portion of the ACL is reached, or the overall stock's ACL is reached, or other measures.\n\n(7)  Performance Standard.  If catch exceeds the ACL for a given stock or stock complex more than once in the last four years, the system of ACLs and AMs should be reevaluated, and modified if necessary, to improve its performance and effectiveness. If AMs are based on multi-year average data, the performance standard is based on a comparison of the average catch to the average ACL. A Council could choose a higher performance standard ( e.g.,  a stock's catch should not exceed its ACL more often than once every five or six years) for a stock that is particularly vulnerable to the effects of overfishing, if the vulnerability of the stock has not already been accounted for in the ABC control rule.\n\n(h)  Establishing ACL mechanisms and AMs in FMPs.  FMPs or FMP amendments must establish ACL mechanisms and AMs for all stocks and stock complexes that require conservation and management ( see  \u00a7 600.305(c)), unless paragraph (h)(1) of this section is applicable. These mechanisms should describe the annual or multiyear process by which ACLs, AMs, and other reference points such as OFL and ABC will be established.\n\n(1)  Exceptions from ACL and AM requirements \u2014(i)  Life cycle.  Section 303(a)(15) of the Magnuson-Stevens Act \u201cshall not apply to a fishery for species that have a life cycle of approximately 1 year unless the Secretary has determined the fishery is subject to overfishing of that species\u201d (Pub. L. 109-479 104(b)(2)). This exception applies to a stock for which the average age of spawners in the population is approximately 1 year or less. While exempt from the ACL and AM requirements, FMPs or FMP amendments for these stocks must have SDC, MSY, OY, ABC, and an ABC control rule.\n\n(ii)  International fishery agreements.  Section 303(a)(15) of the Magnuson-Stevens Act applies \u201cunless otherwise provided for under an international agreement in which the United States participates\u201d (Pub. L. 109-479 104(b)(1)). This exception applies to stocks or stock complexes subject to management under an international agreement, which is defined as \u201cany bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party\u201d ( see  Magnuson-Stevens Act section 3(24)). These stocks would still need to have SDC, MSY, and OY.\n\n(2)  Flexibility in application of NS1 guidelines.  There are limited circumstances that may not fit the standard approaches to specification of reference points and management measures set forth in these guidelines. These include, among other things, conservation and management of Endangered Species Act listed species, harvests from aquaculture operations, stocks with unusual life history characteristics ( e.g.,  Pacific salmon, where the spawning potential for a stock is spread over a multi-year period), and stocks for which data are not available either to set reference points based on MSY or MSY proxies, or to manage to reference points based on MSY or MSY proxies. In these circumstances, Councils may propose alternative approaches for satisfying requirements of the Magnuson-Stevens Act other than those set forth in these guidelines. Councils must document their rationale for any alternative approaches in an FMP or FMP amendment, which will be reviewed for consistency with the Magnuson-Stevens Act.\n\n(i)  Fisheries data.  In their FMPs, or associated public documents such as SAFE reports as appropriate, Councils must describe general data collection methods, as well as any specific data collection methods used for all stocks and stock complexes in their FMPs, including:\n\n(1) Sources of fishing mortality (both landed and discarded), including commercial and recreational catch and bycatch in other fisheries;\n\n(2) Description of the data collection and estimation methods used to quantify total catch mortality in each fishery, including information on the management tools used ( e.g.,  logbooks, vessel monitoring systems, observer programs, landings reports, fish tickets, processor reports, dealer reports, recreational angler surveys, or other methods); the frequency with which data are collected and updated; and the scope of sampling coverage for each fishery; and\n\n(3) Description of the methods used to compile catch data from various catch data collection methods and how those data are used to determine the relationship between total catch at a given point in time and the ACL for stocks and stock complexes that require conservation and management.\n\n(j)  Council actions to address overfishing and rebuilding for stocks and stock complexes \u2014\n\n(1)  Notification.  The Secretary will immediately notify in writing a Regional Fishery Management Council whenever the Secretary determines that:\n\n(i) Overfishing is occurring;\n\n(ii) A stock or stock complex is overfished;\n\n(iii) A stock or stock complex is approaching an overfished condition; or\n\n(iv) Existing remedial action taken for the purpose of ending previously identified overfishing or rebuilding a previously identified overfished stock or stock complex has not resulted in adequate progress ( see  MSA section 304(e)).\n\n(2)  Timing of actions \u2014(i)  If a stock or stock complex is undergoing overfishing.  Upon notification that a stock or stock complex is undergoing overfishing, a Council should immediately begin working with its SSC (or agency scientists or peer review processes in the case of Secretarially-managed fisheries) to ensure that the ABC is set appropriately to end overfishing. Councils should evaluate the cause of overfishing, address the issue that caused overfishing, and reevaluate their ACLs and AMs to make sure they are adequate.\n\n(ii)  If a stock or stock complex is overfished or approaching an overfished condition.  Upon notification that a stock or stock complex is overfished or approaching an overfished condition, a Council must prepare and implement an FMP, FMP amendment, or proposed regulations within two years of notification, consistent with the requirements of section 304(e)(3) of the Magnuson-Stevens Act. Council actions should be submitted to NMFS within 15 months of notification to ensure sufficient time for the Secretary to implement the measures, if approved.\n\n(3)  Overfished fishery. \u2014(i) Where a stock or stock complex is overfished, a Council must specify a time period for rebuilding the stock or stock complex based on factors specified in Magnuson-Stevens Act section 304(e)(4). This target time for rebuilding (T target ) shall be as short as possible, taking into account: The status and biology of any overfished stock, the needs of fishing communities, recommendations by international organizations in which the U.S. participates, and interaction of the stock within the marine ecosystem. In addition, the time period shall not exceed 10 years, except where biology of the stock, other environmental conditions, or management measures under an international agreement to which the U.S. participates, dictate otherwise. SSCs (or agency scientists or peer review processes in the case of Secretarial actions) shall provide recommendations for achieving rebuilding targets ( see  Magnuson-Stevens Act section 302(g)(1)(B)). The above factors enter into the specification of T target  as follows:\n\n(A)  The minimum time for rebuilding a stock (T min ). T min  means the amount of time the stock or stock complex is expected to take to rebuild to its MSY biomass level in the absence of any fishing mortality. In this context, the term \u201cexpected\u201d means to have at least a 50 percent probability of attaining the B msy,  where such probabilities can be calculated. The starting year for the T min  calculation should be the first year that the rebuilding plan is expected to be implemented.\n\n(B)  The maximum time for rebuilding a stock or stock complex to its B msy   (T max ).\n\n( 1 ) If T min  for the stock or stock complex is 10 years or less, then T max  is 10 years.\n\n( 2 ) If T min  for the stock or stock complex exceeds 10 years, then one of the following methods can be used to determine T max :\n\n( i ) T min  plus the length of time associated with one generation time for that stock or stock complex. \u201cGeneration time\u201d is the average length of time between when an individual is born and the birth of its offspring,\n\n( ii ) The amount of time the stock or stock complex is expected to take to rebuild to B msy  if fished at 75 percent of MFMT, or\n\n( iii ) T min  multiplied by two.\n\n( 3 ) In situations where T min  exceeds 10 years, T max  establishes a maximum time for rebuilding that is linked to the biology of the stock. When selecting a method for determining T max,  a Council, in consultation with its SSC, should consider the relevant biological data and scientific uncertainty of that data, and must provide a rationale for its decision based on the best scientific information available. One of the methods listed in subparagraphs (j)(3)(i)(B)( 2 )( ii ) and ( iii ) may be appropriate, for example, if given data availability and the life history characteristics of the stock, there is high uncertainty in the estimate of generation time, or if generation time does not accurately reflect the productivity of the stock.\n\n(C)  Target time to rebuilding a stock or stock complex (T target ) . T target  is the specified time period for rebuilding a stock that is considered to be as short a time as possible, taking into account the factors described in paragraph (j)(3)(i) of this section. T target  shall not exceed T max , and the fishing mortality associated with achieving T target  is referred to as F rebuild .\n\n(ii) Council action addressing an overfished fishery must allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery.\n\n(iii) For fisheries managed under an international agreement, Council action addressing an overfished fishery must reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States.\n\n(iv)  Adequate Progress.  The Secretary shall review rebuilding plans at routine intervals that may not exceed two years to determine whether the plans have resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks (MSA section 304(e)(7)). Such reviews could include the review of recent stock assessments, comparisons of catches to the ACL, or other appropriate performance measures. The Secretary may find that adequate progress is not being made if F rebuild  or the ACL associated with F rebuild  is exceeded, and AMs are not correcting the operational issue that caused the overage, nor addressing any biological consequences to the stock or stock complex resulting from the overage when it is known ( see  paragraph (g)(3) of this section). A lack of adequate progress may also be found when the rebuilding expectations of a stock or stock complex are significantly changed due to new and unexpected information about the status of the stock. If a determination is made under this provision, the Secretary will notify the appropriate Council and recommend further conservation and management measures, and the Council must develop and implement a new or revised rebuilding plan within two years ( see  MSA sections 304(e)(3) and (e)(7)(B)). For Secretarially-managed fisheries, the Secretary would take immediate action necessary to achieve adequate progress toward rebuilding and ending overfishing.\n\n(v) While a stock or stock complex is rebuilding, revising rebuilding timeframes ( i.e.,  T target  and T max ) or F rebuild  is not necessary, unless the Secretary finds that adequate progress is not being made.\n\n(vi) If a stock or stock complex has not rebuilt by T max , then the fishing mortality rate should be maintained at its current F rebuild  or 75 percent of the MFMT, whichever is less, until the stock or stock complex is rebuilt or the fishing mortality rate is changed as a result of the Secretary finding that adequate progress is not being made.\n\n(4)  Emergency actions and interim measures.  If a Council is developing a rebuilding plan or revising an existing rebuilding plan due to a lack of adequate progress ( see  MSA section 304(e)(7)), the Secretary may, in response to a Council request, implement interim measures that reduce, but do not necessarily end, overfishing ( see  MSA section 304(e)(6)) if all of the following criteria are met:\n\n(i) The interim measures are needed to address an unanticipated and significantly changed understanding of the status of the stock or stock complex;\n\n(ii) Ending overfishing immediately is expected to result in severe social and/or economic impacts to a fishery; and\n\n(iii) The interim measures will ensure that the stock or stock complex will increase its current biomass through the duration of the interim measures.\n\n(5)  Discontinuing a rebuilding plan based on new scientific information.  A Council may discontinue a rebuilding plan for a stock or stock complex before it reaches B msy  if the Secretary determines that the stock was not overfished in the year that the overfished determination ( see  MSA section 304(e)(3)) was based on and has never been overfished in any subsequent year including the current year.\n\n(k)  International overfishing.  If the Secretary determines that a fishery is overfished or approaching a condition of being overfished due to excessive international fishing pressure, and for which there are no management measures (or no effective measures) to end overfishing under an international agreement to which the United States is a party, then the Secretary and/or the appropriate Council shall take certain actions as provided under Magnuson-Stevens Act section 304(i). The Secretary, in cooperation with the Secretary of State, must immediately take appropriate action at the international level to end the overfishing. In addition, within one year after the determination, the Secretary and/or appropriate Council shall:\n\n(1) Develop recommendations for domestic regulations to address the relative impact of the U.S. fishing vessels on the stock. Council recommendations should be submitted to the Secretary.\n\n(2) Develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end overfishing in the fishery and rebuild the affected stocks, taking into account the relative impact of vessels of other nations and vessels of the United States on the relevant stock. Councils should, in consultation with the Secretary, develop recommendations that take into consideration relevant provisions of the Magnuson-Stevens Act and NS1 guidelines, including section 304(e) of the Magnuson-Stevens Act and paragraph (j)(3)(iii) of this section, and other applicable laws. For highly migratory species in the Pacific, recommendations from the Western Pacific, North Pacific, or Pacific Councils must be developed and submitted consistent with Magnuson-Stevens Reauthorization Act section 503(f), as appropriate.\n\n(3)  Considerations for assessing \u201crelative impact.\u201d  \u201cRelative impact\u201d under paragraphs (k)(1) and (2) of this section may include consideration of factors that include, but are not limited to: Domestic and international management measures already in place, management history of a given nation, estimates of a nation's landings or catch (including bycatch) in a given fishery, and estimates of a nation's mortality contributions in a given fishery. Information used to determine relative impact must be based upon the best available scientific information.\n\n(l)  Exceptions to requirements to prevent overfishing.  Exceptions to the requirement to prevent overfishing could apply under certain limited circumstances. Harvesting one stock at its optimum level may result in overfishing of another stock when the two stocks tend to be caught together (This can occur when the two stocks are part of the same fishery or if one is bycatch in the other's fishery). Before a Council may decide to allow this type of overfishing, an analysis must be performed and the analysis must contain a justification in terms of overall benefits, including a comparison of benefits under alternative management measures, and an analysis of the risk of any stock or stock complex falling below its MSST. The Council may decide to allow this type of overfishing if the fishery is not overfished and the analysis demonstrates that all of the following conditions are satisfied:\n\n(1) Such action will result in long-term net benefits to the Nation;\n\n(2) Mitigating measures have been considered and it has been demonstrated that a similar level of long-term net benefits cannot be achieved by modifying fleet behavior, gear selection/configuration, or other technical characteristics in a manner such that no overfishing would occur; and\n\n(3) The resulting rate of fishing mortality will not cause any stock or stock complex to fall below its MSST more than 50 percent of the time in the long term, although it is recognized that persistent overfishing is expected to cause the affected stock to fall below its B msy  more than 50 percent of the time in the long term."]], "truncated": false, "filtered_table_rows_count": 162, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "600", "p1": "50"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=600&title_number=50", "results": [{"value": 50, "label": 50, "count": 162, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=600", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=600&title_number=50", "results": [{"value": "FWS", "label": "FWS", "count": 162, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=600&title_number=50&agency=FWS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=600&title_number=50", "results": [{"value": "600", "label": "600", "count": 162, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=50", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=600&title_number=50&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=600&title_number=50&_facet=subpart_name"}], "next": "50~3A50~3A12~2E0~2E1~2E1~2E1~2E4~2E1~2E2,50~3A50~3A12~2E0~2E1~2E1~2E1~2E4~2E1~2E2", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=600&title_number=50&_next=50~3A50~3A12~2E0~2E1~2E1~2E1~2E4~2E1~2E2%2C50~3A50~3A12~2E0~2E1~2E1~2E1~2E4~2E1~2E2&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 96.45429498050362, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}