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| 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 |
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| 20:20:4.0.1.1.8.1.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.100 What is the purpose of the State Workforce Development Board? | DOL | The purpose of the State Workforce Development Board (WDB) is to convene State, regional, and local workforce system and partners, to— (a) Enhance the capacity and performance of the workforce development system; (b) Align and improve the outcomes and effectiveness of Federally-funded and other workforce programs and investments; and (c) Through these efforts, promote economic growth. (d) Engage public workforce system representatives, including businesses, education providers, economic development, labor representatives, and other stakeholders to help the workforce development system achieve the purpose of the Workforce Innovation and Opportunity Act (WIOA); and (e) Assist to achieve the State's strategic and operational vision and goals as outlined in the State Plan. | |||||
| 20:20:4.0.1.1.8.1.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.110 What is the State Workforce Development Board? | DOL | (a) The State WDB is a board established by the Governor in accordance with the requirements of WIOA sec. 101 and this section. (b) The membership of the State WDB must meet the requirements of WIOA sec. 101(b) and must represent diverse geographic areas of the State, including urban, rural, and suburban areas. The WDB membership must include: (1) The Governor; (2) A member of each chamber of the State legislature, appointed by the appropriate presiding officers of such chamber, as appropriate under State law; and (3) Members appointed by the Governor, which must include: (i) A majority of representatives of businesses or organizations in the State who: (A) Are the owner or chief executive officer for the business or organization, or is an executive with the business or organization with optimum policy-making or hiring authority, and also may be members of a Local WDB as described in WIOA sec. 107(b)(2)(A)(i); (B) Represent businesses, or organizations that represent businesses described in paragraph (b)(3)(i) of this section, that, at a minimum, provide employment and training opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (C) Are appointed from a list of potential members nominated by State business organizations and business trade associations; and (D) At a minimum, one member representing small businesses as defined by the U.S. Small Business Administration. (ii) Not less than 20 percent who are representatives of the workforce within the State, which: (A) Must include two or more representatives of labor organizations nominated by State labor federations; (B) Must include one representative who must be a member of a labor organization or training director from a joint labor-management registered apprenticeship program, or, if no such joint program exists in the State, a member of a labor organization or training director who is a representative of an registered apprenticeship program; (C) May include … | |||||
| 20:20:4.0.1.1.8.1.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.120 What is meant by the terms “optimum policy-making authority” and “demonstrated experience and expertise”? | DOL | For purposes of § 679.110: (a) A representative with “optimum policy-making authority” is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. (b) A representative with “demonstrated experience and expertise” means an individual with documented leadership in developing or implementing workforce development, human resources, training and development, or a core program function. Demonstrated experience and expertise may include individuals with experience in education or training of job seekers with barriers to employment as described in § 679.110(b)(3)(ii)(C) and (D). | |||||
| 20:20:4.0.1.1.8.1.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.130 What are the functions of the State Workforce Development Board? | DOL | Under WIOA sec. 101(d), the State WDB must assist the Governor in the: (a) Development, implementation, and modification of the 4-year State Plan; (b) Review of statewide policies, programs, and recommendations on actions that must be taken by the State to align workforce development programs to support a comprehensive and streamlined workforce development system. Such review of policies, programs, and recommendations must include a review and provision of comments on the State Plans, if any, for programs and activities of one-stop partners that are not core programs; (c) Development and continuous improvement of the workforce development system, including— (1) Identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among programs and activities; (2) Development of strategies to support career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain employment; (3) Development of strategies to provide effective outreach to and improved access for individuals and employers who could benefit from workforce development system; (4) Development and expansion of strategies to meet the needs of employers, workers, and job seekers particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (5) Identification of regions, including planning regions for the purposes of WIOA sec. 106(a), and the designation of local areas under WIOA sec. 106, after consultation with Local WDBs and chief elected officials; (6) Development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to Local WDBs, one-stop operators, one-stop partners, and providers. Such assistance includes assistance with planning and delivering services, including training and supportive services, t… | |||||
| 20:20:4.0.1.1.8.1.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.140 How does the State Workforce Development Board meet its requirement to conduct business in an open manner under the “sunshine provision” of the Workforce Innovation and Opportunity Act? | DOL | (a) The State WDB must conduct business in an open manner as required by WIOA sec. 101(g). (b) The State WDB must make available to the public, on a regular basis through electronic means and open meetings, information about the activities and functions of the State WDB, including: (1) The State Plan, or modification to the State Plan, prior to submission of the State Plan or modification of the State Plan; (2) Information regarding membership; (3) Minutes of formal meetings of the State WDB upon request; (4) State WDB by-laws as described at § 679.110(d). | |||||
| 20:20:4.0.1.1.8.1.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.150 Under what circumstances may the Governor select an alternative entity in place of the State Workforce Development Board? | DOL | (a) The State may use any State entity that meets the requirements of WIOA sec. 101(e) to perform the functions of the State WDB. This may include: (1) A State council; (2) A State WDB within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of WIOA; or (3) A combination of regional WDBs or similar entity. (b) If the State uses an alternative entity, the State Plan must demonstrate that the alternative entity meets all three of the requirements of WIOA sec. 101(e)(1): (1) Was in existence on the day before the date of enactment of the Workforce Investment Act of 1998 (WIA); (2) Is substantially similar to the State WDB described in WIOA secs. 101(a)-(c) and § 679.110; and (3) Includes representatives of business and labor organizations in the State. (c) If the alternative entity does not provide representatives for each of the categories required under WIOA sec. 101(b), the State Plan must explain the manner in which the State will ensure an ongoing role for any unrepresented membership group in the workforce development system. The State WDB must maintain an ongoing and meaningful role for an unrepresented membership group, including entities carrying out the core programs, by such methods as: (1) Regularly scheduled consultations with entities within the unrepresented membership groups; (2) Providing an opportunity for input into the State Plan or other policy development by unrepresented membership groups; and (3) Establishing an advisory committee of unrepresented membership groups. (d) In parts 675 through 687 of this chapter, all references to the State WDB also apply to an alternative entity used by a State. | |||||
| 20:20:4.0.1.1.8.1.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.160 Under what circumstances may the State Workforce Development Board hire staff? | DOL | (a) The State WDB may hire a director and other staff to assist in carrying out the functions described in WIOA sec. 101(d) and § 679.130 using funds described in WIOA sec. 129(b)(3) or sec. 134(a)(3)(B)(i). (b) The State WDB must establish and apply a set of objective qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in effectively carrying out the functions of the State WDB. (c) The director and staff must be subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15). | |||||
| 20:20:4.0.1.1.8.2.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.200 What is the purpose of requiring States to identify regions? | DOL | The purpose of identifying regions is to align workforce development activities and resources with larger regional economic development areas and available resources to provide coordinated and efficient services to both job seekers and employers. | |||||
| 20:20:4.0.1.1.8.2.5.10 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.290 What right does an entity have to appeal the Governor's decision rejecting a request for designation as a workforce development area? | DOL | (a) A unit of local government (or combination of units) or a local area which has requested but has been denied its request for designation as a workforce development area under § 679.250 may appeal the decision to the State WDB, in accordance with appeal procedures established in the State Plan and § 683.630(a) of this chapter. (b) If a decision on the appeal is not rendered in a timely manner or if the appeal to the State WDB does not result in designation, the entity may request review by the Secretary of Labor, under the procedures set forth at § 683.640 of this chapter. | |||||
| 20:20:4.0.1.1.8.2.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.210 What are the requirements for identifying a region? | DOL | (a) The Governor must assign local areas to a region prior to submission of the State Unified or Combined Plan, in order for the State to receive WIOA title I, subtitle B adult, dislocated worker, and youth allotments. (b) The Governor must develop a policy and process for identifying regions. Such policy must include: (1) Consultation with the Local WDBs and chief elected officials (CEOs) in the local area(s) as required in WIOA sec. 102(b)(2)(D)(i)(II) and WIOA sec. 106(a)(1); and (2) Consideration of the extent to which the local areas in a proposed region: (i) Share a single labor market; (ii) Share a common economic development area; and (iii) Possess the Federal and non-Federal resources, including appropriate education and training institutions, to administer activities under WIOA subtitle B. (c) In addition to the required criteria described in paragraph (b)(2) of this section, other factors the Governor also may consider include: (1) Population centers; (2) Commuting patterns; (3) Land ownership; (4) Industrial composition; (5) Location quotients; (6) Labor force conditions; (7) Geographic boundaries; and (8) Additional factors as determined by the Secretary. (d) Regions must consist of: (1) One local area; (2) Two or more contiguous local areas in a single State; or (3) Two or more contiguous local areas in two or more States. (e) Planning regions are those regions described in paragraph (d)(2) or (3) of this section. Planning regions are subject to the regional planning requirements in § 679.510. | |||||
| 20:20:4.0.1.1.8.2.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.220 What is the purpose of the local area? | DOL | (a) The purpose of a local area is to serve as a jurisdiction for the administration of workforce development activities and execution of adult, dislocated worker, and youth funds allocated by the State. Such areas may be aligned with a region identified in WIOA sec. 106(a)(1) or may be components of a planning region, each with its own Local WDB. Also, significantly, local areas are the areas within which Local WDBs oversee their functions, including strategic planning, operational alignment and service delivery design, and a jurisdiction where partners align resources at a sub-State level to design and implement overall service delivery strategies. (b) The Governor must designate local areas (local areas) in order for the State to receive adult, dislocated worker, and youth funding under title I, subtitle B of WIOA. | |||||
| 20:20:4.0.1.1.8.2.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.230 What are the general procedural requirements for designation of local areas? | DOL | As part of the process of designating or redesignating a local area, the Governor must develop a policy for designation of local areas that must include: (a) Consultation with the State WDB; (b) Consultation with the chief elected officials and affected Local WDBs; and (c) Consideration of comments received through a public comment process which must: (1) Offer adequate time for public comment prior to designation of the local area; and (2) Provide an opportunity for comment by representatives of Local WDBs, chief elected officials, businesses, institutions of higher education, labor organizations, other primary stakeholders, and the general public regarding the designation of the local area. | |||||
| 20:20:4.0.1.1.8.2.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.240 What are the substantive requirements for designation of local areas that were not designated as local areas under the Workforce Investment Act of 1998? | DOL | (a) Except as provided in § 679.250, the Governor may designate or redesignate a local area in accordance with policies and procedures developed by the Governor, which must include at a minimum consideration of the extent to which the proposed area: (1) Is consistent with local labor market areas; (2) Has a common economic development area; and (3) Has the Federal and non-Federal resources, including appropriate education and training institutions, to administer activities under WIOA subtitle B. (b) The Governor may approve a request at any time for designation as a workforce development area from any unit of general local government, including a combination of such units, if the State WDB determines that the area meets the requirements of paragraph (a)(1) of this section and recommends designation. (c) Regardless of whether a local area has been designated under this section or § 679.250, the Governor may redesignate a local area if the redesignation has been requested by a local area and the Governor approves the request. | |||||
| 20:20:4.0.1.1.8.2.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.250 What are the requirements for initial and subsequent designation of workforce development areas that had been designated as local areas under the Workforce Investment Act of 1998? | DOL | (a) If the chief elected official and Local WDB in a local area submits a request for initial designation, the Governor must approve the request if, for the 2 program years preceding the date of enactment of WIOA, the following criteria are met: (1) The local area was designated as a local area for purposes of WIA; (2) The local area performed successfully; and (3) The local area sustained fiscal integrity. (b) Subject to paragraph (c) of this section, after the period of initial designation, if the chief elected official and Local WDB in a local area submits a request for subsequent designation, the Governor must approve the request if the following criteria are met for the 2 most recent program years of initial designation: (1) The local area performed successfully; (2) The local area sustained fiscal integrity; and (3) In the case of a local area in a planning region, the local area met the regional planning requirements described in WIOA sec. 106(c)(1). (c) No determination of subsequent eligibility may be made before the conclusion of Program Year (PY) 2017. (d) The Governor: (1) May review a local area designated under paragraph (b) of this section at any time to evaluate whether that the area continues to meet the requirements for subsequent designation under that paragraph; and (2) Must review a local area designated under paragraph (b) of this section before submitting its State Plan during each 4-year State planning cycle to evaluate whether the area continues to meet the requirements for subsequent designation under that paragraph. (e) For purposes of subsequent designation under paragraphs (b) and (d) of this section, the local area and chief elected official must be considered to have requested continued designation unless the local area and chief elected official notify the Governor that they no longer seek designation. (f) Local areas designated under § 679.240 or States designated as single-area States under § 679.270 are not subject to the requirements described in paragraph (b) of t… | |||||
| 20:20:4.0.1.1.8.2.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.260 What do the terms “performed successfully” and “sustained fiscal integrity” mean for purposes of designating local areas? | DOL | (a) For the purpose of initial local area designation, the term “performed successfully” means that the local area met or exceeded the levels of performance the Governor negotiated with the Local WDB and chief elected official under WIA sec. 136(c) for the last 2 full program years before the enactment of WIOA, and that the local area has not failed any individual measure for the last 2 consecutive program years before the enactment of WIOA. (b) For the purpose of determining subsequent local area designation, the term “performed successfully” means that the local area met or exceeded the levels of performance the Governor negotiated with the Local WDB and chief elected official for core indicators of performance as provided in paragraphs (b)(1) and (2) of this section as appropriate, and that the local area has not failed any individual measure for the last 2 consecutive program years in accordance with a State-established definition, provided in the State Plan, of met or exceeded performance. (1) For subsequent designation determinations made at the conclusion of PY 2017, a finding of whether a local area performed successfully must be limited to having met or exceeded the negotiated levels for the Employment Rate 2nd Quarter after Exit and the Median Earnings indicators of performance, as described at § 677.155(a)(1)(i) and (iii) of this chapter respectively, for PY 2016 and PY 2017. (2) For subsequent designation determinations made at the conclusion of PY 2018, or at any point thereafter, a finding of whether a local area performed successfully must be based on all six of the WIOA indicators of performance as described at § 677.155(a)(1)(i) through (vi) of this chapter for the 2 most recently completed program years. (c) For the purpose of determining initial and subsequent local area designation under § 679.250(a) and (b), the term “sustained fiscal integrity” means that the Secretary has not made a formal determination that either the grant recipient or the administrative entity of the area misexpended… | |||||
| 20:20:4.0.1.1.8.2.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.270 What are the special designation provisions for single-area States? | DOL | (a) The Governor of any State that was a single-State local area under the WIA as in effect on July 1, 2013 may designate the State as a single-State local area under WIOA. (b) The Governor of a State local area under paragraph (a) of this section who seeks to designate the State as a single-State local area under WIOA must: (1) Identify the State as a single-area State in the Unified or Combined State Plan; and (2) Include the local plan for approval as part of the Unified or Combined State Plan. (c) The State WDB for a single-area State must act as the Local WDB and carry out the functions of the Local WDB in accordance with WIOA sec. 107 and § 679.370, except that the State is not required to meet and report on a set of local performance accountability measures. (d) Single-area States must conduct the functions of the Local WDB as outlined in paragraph (c) of this section to achieve the incorporation of local interests but may do so in a manner that reduces unnecessary burden and duplication of processes. (e) States must carry out the duties of State and Local WDBs in accordance with guidance issued by the Secretary of Labor. | |||||
| 20:20:4.0.1.1.8.2.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.280 How does the State fulfill the requirement to provide assistance to local areas within a planning region that wish to redesignate into a single local area? | DOL | (a) When the chief elected officials and Local WDBs of each local area within a planning region make a request to the Governor to redesignate into a single local area, the State WDB must authorize statewide adult, dislocated worker, and youth program funds to facilitate such redesignation. (b) When statewide funds are not available, the State may provide funds for redesignation in the next available program year. (c) Redesignation activities that may be carried out by the local areas include: (1) Convening sessions and conferences; (2) Renegotiation of contracts and agreements; and (3) Other activities directly associated with the redesignation as deemed appropriate by the State WDB. | |||||
| 20:20:4.0.1.1.8.3.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.300 What is the vision and purpose of the Local Workforce Development Board? | DOL | (a) The vision for the Local WDB is to serve as a strategic leader and convener of local workforce development system stakeholders. The Local WDB partners with employers and the workforce development system to develop policies and investments that support public workforce system strategies that support regional economies, the development of effective approaches including local and regional sector partnerships and career pathways, and high quality, customer centered service delivery and service delivery approaches; (b) The purpose of the Local WDB is to— (1) Provide strategic and operational oversight in collaboration with the required and additional partners and workforce stakeholders to help develop a comprehensive and high-quality workforce development system in the local area and larger planning region; (2) Assist in the achievement of the State's strategic and operational vision and goals as outlined in the Unified State Plan or Combined State Plan; and (3) Maximize and continue to improve the quality of services, customer satisfaction, effectiveness of the services provided. | |||||
| 20:20:4.0.1.1.8.3.5.10 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.390 How does the Local Workforce Development Board meet its requirement to conduct business in an open manner under the “sunshine provision” of the Workforce Innovation and Opportunity Act? | DOL | The Local WDB must conduct its business in an open manner as required by WIOA sec. 107(e), by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the Local WDB. This includes: (a) Information about the Local Plan, or modification to the Local Plan, before submission of the plan; (b) List and affiliation of Local WDB members; (c) Selection of one-stop operators; (d) Award of grants or contracts to eligible training providers of workforce investment activities including providers of youth workforce investment activities; (e) Minutes of formal meetings of the Local WDB; and (f) Local WDB by-laws, consistent with § 679.310(g). | |||||
| 20:20:4.0.1.1.8.3.5.11 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.400 Who are the staff to the Local Workforce Development Board and what is their role? | DOL | (a) WIOA sec. 107(f) grants Local WDBs authority to hire a director and other staff to assist in carrying out the functions of the Local WDB. (b) Local WDBs must establish and apply a set of qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in carrying out the functions of the Local WDB. (c) The Local WDB director and staff must be subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15). (d) In general, Local WDB staff only may assist the Local WDB fulfill the required functions at WIOA sec. 107(d). (e) Should the WDB select an entity to staff the WDB that provides additional workforce functions beyond the functions described at WIOA sec. 107(d), such an entity is required to enter into a written agreement with the Local WDB and chief elected official(s) to clarify their roles and responsibilities as required by § 679.430. | |||||
| 20:20:4.0.1.1.8.3.5.12 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.410 Under what conditions may a Local Workforce Development Board directly be a provider of career services, or training services, or act as a one-stop operator? | DOL | (a)(1) A Local WDB may be selected as a one-stop operator: (i) Through sole source procurement in accordance with § 678.610 of this chapter; or (ii) Through successful competition in accordance with § 678.615 of this chapter. (2) The chief elected official in the local area and the Governor must agree to the selection described in paragraph (a)(1) of this section. (3) Where a Local WDB acts as a one-stop operator, the State must ensure certification of one-stop centers in accordance with § 678.800 of this chapter. (b) A Local WDB may act as a provider of career services only with the agreement of the chief elected official in the local area and the Governor. (c) A Local WDB is prohibited from providing training services, unless the Governor grants a waiver in accordance with the provisions in WIOA sec. 107(g)(1). (1) The State must develop a procedure for approving waivers that includes the criteria at WIOA sec. 107(g)(1)(B)(i): (i) Satisfactory evidence that there is an insufficient number of eligible training providers of such a program of training services to meet local demand in the local area; (ii) Information demonstrating that the WDB meets the requirements for eligible training provider services under WIOA sec. 122; and (iii) Information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area. (2) The local area must make the proposed request for a waiver available to eligible training providers and other interested members of the public for a public comment period of not less than 30 days and includes any comments received during this time in the final request for the waiver. (3) The waiver must not exceed the duration of the local plan and may be renewed by submitting a new waiver request consistent with paragraphs (c)(1) and (2) of this section for additional periods, not to exceed the durations of such subsequent plans. (4) The Governor may revoke the waiver if the Governor determines the waiver is no longe… | |||||
| 20:20:4.0.1.1.8.3.5.13 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.420 What are the functions of the local fiscal agent? | DOL | (a) In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local fiscal agent. Designation of a fiscal agent does not relieve the chief elected official or Governor of liability for the misuse of grant funds. If the CEO designates a fiscal agent, the CEO must ensure this agent has clearly defined roles and responsibilities. (b) In general the fiscal agent is responsible for the following functions: (1) Receive funds. (2) Ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Office of Management and Budget circulars, WIOA and the corresponding Federal Regulations and State policies. (3) Respond to audit financial findings. (4) Maintain proper accounting records and adequate documentation. (5) Prepare financial reports. (6) Provide technical assistance to subrecipients regarding fiscal issues. (c) At the direction of the Local WDB or the State WDB in single-area States, the fiscal agent may have the following additional functions: (1) Procure contracts or obtain written agreements. (2) Conduct financial monitoring of service providers. (3) Ensure independent audit of all employment and training programs. | |||||
| 20:20:4.0.1.1.8.3.5.14 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.430 How do entities performing multiple functions in a local area demonstrate internal controls and prevent conflict of interest? | DOL | Local organizations often function simultaneously in a variety of roles, including local fiscal agent, Local WDB staff, one-stop operator, and direct provider of services. Any organization that has been selected or otherwise designated to perform more than one of these functions must develop a written agreement with the Local WDB and CEO to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, relevant Office of Management and Budget circulars, and the State's conflict of interest policy. | |||||
| 20:20:4.0.1.1.8.3.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.310 What is the Local Workforce Development Board? | DOL | (a) The Local WDB is appointed by the chief elected official(s) in each local area in accordance with State criteria established under WIOA sec. 107(b), and is certified by the Governor every 2 years, in accordance with WIOA sec. 107(c)(2). (b) In partnership with the chief elected official(s), the Local WDB sets policy for the portion of the statewide workforce development system within the local area and consistent with State policies. (c) The Local WDB and the chief elected official(s) may enter into an agreement that describes the respective roles and responsibilities of the parties. (d) The Local WDB, in partnership with the chief elected official(s), develops the local plan and performs the functions described in WIOA sec. 107(d) and § 679.370. (e) If a local area includes more than one unit of general local government in accordance with WIOA sec. 107(c)(1)(B), the chief elected officials of such units may execute an agreement to describe their responsibilities for carrying out the roles and responsibilities. If the chief elected officials are unable to reach agreement after a reasonable effort, the Governor may appoint the members of the Local WDB from individuals nominated or recommended as specified in WIOA sec. 107(b). (f) If the State Plan indicates that the State will be treated as a local area under WIOA, the State WDB must carry out the roles of the Local WDB in accordance with WIOA sec. 107, except that the State is not required to meet and report on a set of local performance accountability measures. (g) The CEO must establish by-laws, consistent with State policy for Local WDB membership, that at a minimum address: (1) The nomination process used by the CEO to select the Local WDB chair and members; (2) The term limitations and how the term appointments will be staggered to ensure only a portion of membership expire in a given year; (3) The process to notify the CEO of a WDB member vacancy to ensure a prompt nominee; (4) The proxy and alternative designee process that will be used when … | |||||
| 20:20:4.0.1.1.8.3.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.320 Who are the required members of the Local Workforce Development Board? | DOL | (a) For each local area in the State, the members of Local WDB must be selected by the chief elected official consistent with criteria established under WIOA sec. 107(b)(1) and criteria established by the Governor, and must meet the requirements of WIOA sec. 107(b)(2). (b) A majority of the members of the Local WDB must be representatives of business in the local area. At a minimum, two members must represent small business as defined by the U.S. Small Business Administration. Business representatives serving on Local WDBs also may serve on the State WDB. Each business representative must meet the following criteria: (1) Be an owner, chief executive officer, chief operating officer, or other individual with optimum policy-making or hiring authority; and (2) Provide employment opportunities in in-demand industry sectors or occupations, as those terms are defined in WIOA sec. 3(23). (c) At least 20 percent of the members of the Local WDB must be workforce representatives. These representatives: (1) Must include two or more representatives of labor organizations, where such organizations exist in the local area. Where labor organizations do not exist, representatives must be selected from other employee representatives; (2) Must include one or more representatives of a joint labor-management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization. If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation must be appointed, if one exists; (3) May include one or more representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of individuals with barriers to employment, including organizations that serve veterans or provide or support competitive integrated employment for individuals with disabilities; and (4) May include one or more re… | |||||
| 20:20:4.0.1.1.8.3.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.330 Who must chair a Local Workforce Development Board? | DOL | The Local WDB must elect a chairperson from among the business representatives on the WDB. | |||||
| 20:20:4.0.1.1.8.3.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.340 What is meant by the terms “optimum policy-making authority” and “demonstrated experience and expertise”? | DOL | For purposes of selecting representatives to Local WDBs: (a) A representative with “optimum policy-making authority” is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. (b) A representative with “demonstrated experience and expertise” means an individual who: (1) Is a workplace learning advisor as defined in WIOA sec. 3(70); (2) Contributes to the field of workforce development, human resources, training and development, or a core program function; or (3) The Local WDB recognizes for valuable contributions in education or workforce development related fields. | |||||
| 20:20:4.0.1.1.8.3.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.350 What criteria will be used to establish the membership of the Local Workforce Development Board? | DOL | The Local WDB is appointed by the chief elected official(s) in the local area in accordance with State criteria established under WIOA sec. 107(b), and is certified by the Governor every 2 years, in accordance with WIOA sec. 107(c)(2). | |||||
| 20:20:4.0.1.1.8.3.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.360 What is a standing committee, and what is its relationship to the Local Workforce Development Board? | DOL | (a) Standing committees may be established by the Local WDB to provide information and assist the Local WDB in carrying out its responsibilities under WIOA sec. 107. Standing committees must be chaired by a member of the Local WDB, may include other members of the Local WDB, and must include other individuals appointed by the Local WDB who are not members of the Local WDB and who have demonstrated experience and expertise in accordance with § 679.340(b) and as determined by the Local WDB. Standing committees may include each of the following: (1) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include representatives of the one-stop partners. (2) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which must include community-based organizations with a demonstrated record of success in serving eligible youth. (3) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with WIOA sec. 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities. (b) The Local WDB may designate other standing committees in addition to those specified in paragraph (a) of this section. (c) Local WDBs may designate an entity in existence as of the date of the enactment of WIOA, such as an effective youth council, to serve as a standing committee as long as the entity meets the requirements of WIOA sec. 107(b)(4). | |||||
| 20:20:4.0.1.1.8.3.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.370 What are the functions of the Local Workforce Development Board? | DOL | As provided in WIOA sec. 107(d), the Local WDB must: (a) Develop and submit a 4-year local plan for the local area, in partnership with the chief elected official and consistent with WIOA sec. 108; (b) If the local area is part of a planning region that includes other local areas, develop and submit a regional plan in collaboration with other local areas. If the local area is part of a planning region, the local plan must be submitted as a part of the regional plan; (c) Conduct workforce research and regional labor market analysis to include: (1) Analyses and regular updates of economic conditions, needed knowledge and skills, workforce, and workforce development (including education and training) activities to include an analysis of the strengths and weaknesses (including the capacity to provide) of such services to address the identified education and skill needs of the workforce and the employment needs of employers; (2) Assistance to the Governor in developing the statewide workforce and labor market information system under the Wagner-Peyser Act for the region; and (3) Other research, data collection, and analysis related to the workforce needs of the regional economy as the WDB, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (d) Convene local workforce development system stakeholders to assist in the development of the local plan under § 679.550 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. Such stakeholders may assist the Local WDB and standing committees in carrying out convening, brokering, and leveraging functions at the direction of the Local WDB; (e) Lead efforts to engage with a diverse range of employers and other entities in the region in order to: (1) Promote business representation (particularly representatives with optimum policy-making or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities i… | |||||
| 20:20:4.0.1.1.8.3.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.380 How does the Local Workforce Development Board satisfy the consumer choice requirements for career services and training services? | DOL | (a) In accordance with WIOA sec. 122 and in working with the State, the Local WDB satisfies the consumer choice requirement for training services by: (1) Determining the initial eligibility of entities providing a program of training services, renewing the eligibility of providers, and considering the possible termination of an eligible training provider due to the provider's submission of inaccurate eligibility and performance information or the provider's substantial violation of WIOA; (2) Working with the State to ensure there are sufficient numbers and types of providers of training services, including eligible training providers with expertise in assisting individuals with disabilities and eligible training providers with expertise in assisting adults in need of adult education and literacy activities described under WIOA sec. 107(d)(10)(E), serving the local area; (3) Ensuring the dissemination and appropriate use of the State list through the local one-stop delivery system; (4) Receiving performance and cost information from the State and disseminating this information through the one-stop delivery systems within the State; and (5) Providing adequate access to services for individuals with disabilities. (b) Working with the State, the Local WDB satisfies the consumer choice requirement for career services by: (1) Determining the career services that are best performed by the one-stop operator consistent with §§ 678.620 and 678.625 of this chapter and career services that require contracting with a career service provider; and (2) Identifying a wide-array of potential career service providers and awarding contracts where appropriate including to providers to ensure: (i) Sufficient access to services for individuals with disabilities, including opportunities that lead to integrated, competitive employment for individuals with disabilities; and (ii) Sufficient access for adult education and literacy activities. | |||||
| 20:20:4.0.1.1.8.4.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.500 What is the purpose of the regional and local plan? | DOL | (a) The local plan serves as 4-year action plan to develop, align, and integrate service delivery strategies and to support the State's vision and strategic and operational goals. The local plan sets forth the strategy to: (1) Direct investments in economic, education, and workforce training programs to focus on providing relevant education and training to ensure that individuals, including youth and individuals with barriers to employment, have the skills to compete in the job market and that employers have a ready supply of skilled workers; (2) Apply job-driven strategies in the one-stop delivery system; (3) Enable economic, education, and workforce partners to build a skilled workforce through innovation in, and alignment of, employment, training, and education programs; and (4) Incorporate the local plan into the regional plan per § 679.540. (b) In the case of planning regions, a regional plan is required to meet the purposes described in paragraph (a) of this section and to coordinate resources among multiple WDBs in a region. (c) The Governor must establish and disseminate to Local WDBs and regional planning areas a policy for the submission of local and regional plans. The policy must set a deadline for the submission of the regional and local plans that accounts for the activities required in plan development outlined in §§ 679.510 and 679.550. | |||||
| 20:20:4.0.1.1.8.4.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.510 What are the requirements for regional planning? | DOL | (a) Local WDBs and chief elected officials within an identified planning region (as defined in WIOA secs. 106(a)(2)(B)-(C) and § 679.200) must: (1) Participate in a regional planning process that results in: (i) The preparation of a regional plan, as described in paragraph (a)(2) of this section and consistent with any guidance issued by the Department; (ii) The establishment of regional service strategies, including use of cooperative service delivery agreements; (iii) The development and implementation of sector initiatives for in-demand industry sectors or occupations for the planning region; (iv) The collection and analysis of regional labor market data (in conjunction with the State) which must include the local planning requirements at § 679.560(a)(1)(i) and (ii); (v) The coordination of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate; (vi) The coordination of transportation and other supportive services as appropriate; (vii) The coordination of services with regional economic development services and providers; and (viii) The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in WIOA sec. 116(c) for local areas or the planning region. (2) Prepare, submit, and obtain approval of a single regional plan that: (i) Includes a description of the activities described in paragraph (a)(1) of this section; and (ii) Incorporates local plans for each of the local areas in the planning region, consistent with § 679.540(a). (b) Consistent with § 679.550(b), the Local WDBs representing each local area in the planning region must provide an opportunity for public comment on the development of the regional plan or subsequent plan modifications before submitting the plan to the Governor. To provide adequate opportunity for public comment, the Local WDBs must: (1) Make copies … | |||||
| 20:20:4.0.1.1.8.4.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.520 What are the requirements for approval of a regional plan? | DOL | Consistent with the requirements of § 679.570, the Governor must review completed plans (including a modification to the plan). Such plans will be considered approved 90 days after receipt of the plan unless the Governor determines in writing that: (a) There are deficiencies in workforce investment activities that have been identified through audits and the local area has not made acceptable progress in implementing plans to address deficiencies; or (b) The plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 29 CFR part 38. (c) The plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA sec. 102(b)(1)(E) and § 676.105 of this chapter. | |||||
| 20:20:4.0.1.1.8.4.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.530 When must the regional plan be modified? | DOL | (a) Consistent with § 679.580, the Governor must establish procedures governing the modification of regional plans. (b) At the end of the first 2-year period of the 4-year local plan, the Local WDBs within a planning region, in partnership with the appropriate chief elected officials, must review the regional plan and prepare and submit modifications to the regional plan to reflect changes: (1) In regional labor market and economic conditions; and (2) Other factors affecting the implementation of the local plan, including but not limited to changes in the financing available to support WIOA title I and partner-provided WIOA services. | |||||
| 20:20:4.0.1.1.8.4.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.540 How are local planning requirements reflected in a regional plan? | DOL | (a) The regional plan must address the requirements at WIOA secs. 106(c)(1)(A)-(H), and incorporate the local planning requirements identified for local plans at WIOA secs. 108(b)(1)-(22). (b) The Governor may issue regional planning guidance that allows Local WDBs and chief elected officials in a planning region to address any local plan requirements through the regional plan where there is a shared regional responsibility. | |||||
| 20:20:4.0.1.1.8.4.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.550 What are the requirements for the development of the local plan? | DOL | (a) Under WIOA sec. 108, each Local WDB must, in partnership with the appropriate chief elected officials, develop and submit a comprehensive 4-year plan to the Governor. (1) The plan must identify and describe the policies, procedures, and local activities that are carried out in the local area, consistent with the State Plan. (2) If the local area is part of a planning region, the Local WDB must comply with WIOA sec. 106(c) and §§ 679.510 through 679.540 in the preparation and submission of a regional plan. (b) Consistent with § 679.510(b), the Local WDB must provide an opportunity for public comment on the development of the local plan or subsequent plan modifications before submitting the plan to the Governor. To provide adequate opportunity for public comment, the Local WDB must: (1) Make copies of the proposed local plan available to the public through electronic and other means, such as public hearings and local news media; (2) Include an opportunity for comment by members of the public, including representatives of business, labor organizations, and education; (3) Provide no more than a 30-day period for comment on the plan before its submission to the Governor, beginning on the date on which the proposed plan is made available, prior to its submission to the Governor; and (4) The Local WDB must submit any comments that express disagreement with the plan to the Governor along with the plan. (5) Consistent WIOA sec. 107(e), the Local WDB must make information about the plan available to the public on a regular basis through electronic means and open meetings. | |||||
| 20:20:4.0.1.1.8.4.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.560 What are the contents of the local plan? | DOL | (a) The local workforce investment plan must describe strategic planning elements, including: (1) A regional analysis of: (i) Economic conditions including existing and emerging in-demand industry sectors and occupations; and (ii) Employment needs of employers in existing and emerging in-demand industry sectors and occupations. (iii) As appropriate, a local area may use an existing analysis, which is a timely current description of the regional economy, to meet the requirements of paragraphs (a)(1)(i) and (ii) of this section; (2) Knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations; (3) An analysis of the regional workforce, including current labor force employment and unemployment data, information on labor market trends, and educational and skill levels of the workforce, including individuals with barriers to employment; (4) An analysis of workforce development activities, including education and training, in the region. This analysis must include the strengths and weaknesses of workforce development activities and capacity to provide the workforce development activities to address the education and skill needs of the workforce, including individuals with barriers to employment, and the employment needs of employers; (5) A description of the Local WDB's strategic vision to support regional economic growth and economic self-sufficiency. This must include goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), and goals relating to the performance accountability measures based on performance indicators described in § 677.155(a)(1) of this chapter; and (6) Taking into account analyses described in paragraphs (a)(1) through (4) of this section, a strategy to work with the entities that carry out the core programs and required partners to align resources available to the local area, to achieve the strategic vision and goals described in pa… | |||||
| 20:20:4.0.1.1.8.4.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.570 What are the requirements for approval of a local plan? | DOL | (a) Consistent with the requirements at § 679.520 the Governor must review completed plans (including a modification to the plan). Such plans will be considered approved 90 days after the Governor receives the plan unless the Governor determines in writing that: (1) There are deficiencies in workforce investment activities that have been identified through audits and the local area has not made acceptable progress in implementing plans to address deficiencies; or (2) The plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 29 CFR part 38. (3) The plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA sec. 102(b)(1)(E) and § 676.105 of this chapter. (b) In cases where the State is a single local area: (1) The State must incorporate the local plan into the State's Unified or Combined State Plan and submit it to the U.S. Department of Labor in accordance with the procedures described in § 676.105 of this chapter. (2) The Secretary of Labor performs the roles assigned to the Governor as they relate to local planning activities. (3) The Secretary of Labor will issue planning guidance for such States. | |||||
| 20:20:4.0.1.1.8.4.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.580 When must the local plan be modified? | DOL | (a) Consistent with the requirements at § 679.530, the Governor must establish procedures governing the modification of local plans. (b) At the end of the first 2-year period of the 4-year local plan, each Local WDB, in partnership with the appropriate chief elected officials, must review the local plan and prepare and submit modifications to the local plan to reflect changes: (1) In labor market and economic conditions; and (2) Other factors affecting the implementation of the local plan, including but not limited to: (i) Significant changes in local economic conditions; (ii) Changes in the financing available to support WIOA title I and partner-provided WIOA services; (iii) Changes to the Local WDB structure; and (iv) The need to revise strategies to meet local performance goals. | |||||
| 20:20:4.0.1.1.8.5.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.600 What is the purpose of the general statutory and regulatory waiver authority in the Workforce Innovation and Opportunity Act? | DOL | (a) The purpose of the general statutory and regulatory waiver authority provided at sec. 189(i)(3) of the WIOA is to provide flexibility to States and local areas and enhance their ability to improve the statewide workforce development system to achieve the goals and purposes of WIOA. (b) A waiver may be requested to address impediments to the implementation of a Unified or Combined State Plan, including the continuous improvement strategy, consistent with the purposes of title I of WIOA as identified in § 675.100 of this chapter. | |||||
| 20:20:4.0.1.1.8.5.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.610 What provisions of the Workforce Innovation and Opportunity Act and the Wagner-Peyser Act may be waived, and what provisions may not be waived? | DOL | (a) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of subtitles A, B and E of title I of WIOA, except for requirements relating to: (1) Wage and labor standards; (2) Non-displacement protections; (3) Worker rights; (4) Participation and protection of workers and participants; (5) Grievance procedures and judicial review; (6) Nondiscrimination; (7) Allocation of funds to local areas; (8) Eligibility of providers or participants; (9) The establishment and functions of local areas and Local WDBs; (10) Procedures for review and approval of State and Local plans; (11) The funding of infrastructure costs for one-stop centers; and (12) Other requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter. (b) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of secs. 8 through 10 of the Wagner- Peyser Act (29 U.S.C. 49g-49i) except for requirements relating to: (1) The provision of services to unemployment insurance claimants and veterans; and (2) Universal access to the basic labor exchange services without cost to job seekers. | |||||
| 20:20:4.0.1.1.8.5.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.620 Under what conditions may a Governor request, and the Secretary approve, a general waiver of statutory or regulatory requirements under the Workforce Innovation and Opportunity Act? | DOL | (a) The Secretary will issue guidelines under which the States may request general waivers of WIOA and Wagner-Peyser Act requirements. (b) A Governor may request a general waiver in consultation with appropriate chief elected officials: (1) By submitting a waiver plan which may accompany the State's WIOA 4-year Unified or Combined State Plan or 2-year modification; or (2) After a State's WIOA Plan is approved, by separately submitting a waiver plan. (c) A Governor's waiver request may seek waivers for the entire State or for one or more local areas within the State. (d) A Governor requesting a general waiver must submit to the Secretary a plan to improve the statewide workforce development system that: (1) Identifies the statutory or regulatory requirements for which a waiver is requested and the goals that the State or local area, as appropriate, intends to achieve as a result of the waiver and how those goals relate to the Unified or Combined State Plan; (2) Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers; (3) Describes the goals of the waiver and the expected programmatic outcomes if the request is granted; (4) Describes how the waiver will align with the Department's policy priorities, such as: (i) Supporting employer engagement; (ii) Connecting education and training strategies; (iii) Supporting work-based learning; (iv) Improving job and career results; and (v) Other priorities as articulated in guidance; (5) Describes the individuals affected by the waiver, including how the waiver will impact services for disadvantaged populations or individuals with multiple barriers to employment; and (6) Describes the processes used to: (i) Monitor the progress in implementing the waiver; (ii) Provide notice to any Local WDB affected by the waiver; (iii) Provide any Local WDB affected by the waiver an opportunity to comment on the request; (iv) Ensure meaningful public comment, including comment by business … | |||||
| 20:20:4.0.1.1.8.5.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.630 Under what conditions may the Governor submit a workforce flexibility plan? | DOL | (a) A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility (workflex) plan under which the State is authorized to waive, in accordance with the plan: (1) Any of the statutory or regulatory requirements under title I of WIOA applicable to local areas, if the local area requests the waiver in a waiver application, except for: (i) Requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter; (ii) Wage and labor standards; (iii) Grievance procedures and judicial review; (iv) Nondiscrimination; (v) Eligibility of participants; (vi) Allocation of funds to local areas; (vii) Establishment and functions of local areas and Local WDBs; (viii) Procedures for review and approval of local plans; and (ix) Worker rights, participation, and protection. (2) Any of the statutory or regulatory requirements applicable to the State under secs. 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g-49i), except for requirements relating to: (i) The provision of services to unemployment insurance claimants and veterans; and (ii) Universal access to basic labor exchange services without cost to job seekers. (3) Any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq. ), to State agencies on aging with respect to activities carried out using funds allotted under OAA sec. 506(b) (42 U.S.C. 3056d(b)), except for requirements relating to: (i) The basic purposes of OAA; (ii) Wage and labor standards; (iii) Eligibility of participants in the activities; and (iv) Standards for grant agreements. (b) A workforce flexibility plan submitted under paragraph (a) of this section must include descriptions of: (1) The process by which local areas in the State may submit and obtain State approval of applications for waivers of requirements under title I of WIOA; (2) A description of the criteria the State will use to approve local area waiver requests and how such requests support impleme… | |||||
| 20:20:4.0.1.1.8.5.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.640 What limitations apply to the State's workforce flexibility plan authority under the Workforce Innovation and Opportunity Act? | DOL | (a)(1) Under work-flex waiver authority a State must not waive the WIOA, Wagner-Peyser Act or OAA requirements which are excepted from the work-flex waiver authority and described in § 679.630(a). (2) Requests to waive statutory and regulatory requirements of title I of WIOA applicable at the State level may not be granted under work-flex waiver authority granted to a State. Such requests only may be granted by the Secretary under the general waiver authority described at §§ 679.610 through 679.620. (b) As required in § 679.630(b)(6), States must address the outcomes to result from work-flex waivers as part of its workforce flexibility plan. The Secretary may terminate a State's work-flex designation if the State fails to meet agreed-upon outcomes or other terms and conditions contained in its workforce flexibility plan. | |||||
| 50:50:13.0.1.1.3.1.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.1 Purpose and scope. | FWS | [61 FR 31230, June 19, 1996] | Regulations in this part were developed by the Council under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act). Along with part 600 of this chapter, these regulations implement the following: (a) Fishery Management Plan for Groundfish of the Gulf of Alaska. (1) Regulations in this part govern commercial fishing for groundfish in the GOA by vessels of the United States (see subparts A, B, D, and E of this part). (2) The following State of Alaska regulations are not preempted by this part for vessels regulated under this part fishing for demersal shelf rockfish in the Southeast Outside District, and which are registered under the laws of the State of Alaska: 5 AAC 28.111, fishing seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC 28.190, harvest of bait by commercial permit holders. (b) Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. Regulations in this part govern commercial fishing for groundfish in the BSAI by vessels of the United States (see subparts A, B, C, D, and E of this part). (c) [Reserved] (d) IFQ Program for sablefish and halibut. The IFQ management measures for the commercial fisheries that use fixed gear to harvest sablefish and halibut (see subparts A, B, D, and E of this part). (1) Sablefish. (i) Regulations in this part govern commercial fishing for sablefish by vessels of the United States: (A) Using fixed gear within that portion of the GOA and the BSAI over which the United States exercises exclusive fishery management authority; and (B) Using fixed gear in waters of the State of Alaska adjacent to the BSAI and the GOA, provided that aboard such vessels are persons who currently hold sablefish quota shares, sablefish IFQ permits, or sablefish IFQ hired master permits. (ii) Regulations in this part do not govern commercial fishing for sablefish in Prince William Sound or under a State of Alaska li… | ||||
| 50:50:13.0.1.1.3.1.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.2 Definitions. | FWS | [61 FR 31230, June 19, 1996] | In addition to the definitions in the Magnuson-Stevens Act and in part 600 of this chapter, the terms used in this part have the following meanings: ABC reserve means, for purposes of flathead sole, rock sole, and yellowfin sole in the BSAI, an amount, not to exceed the ABC surplus, that may be reduced for social, economic, or ecological considerations according to § 679.20(b)(1)(iii). ABC surplus means, for purposes of flathead sole, rock sole, and yellowfin sole in the BSAI, the difference between each species' annual ABC and TAC. Active/inactive periods means for longline or pot gear catcher vessel, see § 679.5(c)(3)(iv)(A)( 1 ); for longline or pot gear catcher/processor, see § 679.5(c)(3)(iv)(B)( 1 ); for trawl gear catcher vessel, see § 679.5(c)(4)(iv)(A)( 1 ); for trawl gear catcher/processor, see § 679.5(c)(4)(iv)(B)( 1 ); for shoreside processor or SFP, see § 679.5(c)(5)(ii); for mothership, see § 679.5(c)(6)(iv). Adequate evidence, for purposes of subpart E of this part, means information sufficient to support the reasonable belief that a particular act or omission has occurred. ADF&G means the State of Alaska Department of Fish and Game. ADF&G fish ticket number means a nine-digit number designated by one alphabet letter ( i.e. , G = groundfish), two numbers that identify the year ( i.e. , 98), followed by six numbers. ADF&G processor code means State of Alaska Department of Fish & Game (ADF&G) Intent to operate processor license number (example: F12345). AFA catcher/processor means: (1) For purposes of BS pollock and all BSAI groundfish fisheries other than Atka mackerel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS pollock under § 679.4(l)(2). (2) For purposes of BSAI Atka mackerel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS pollock and that is listed under § 679.4(l)(2)(i).… | ||||
| 50:50:13.0.1.1.3.1.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.3 Relation to other laws. | FWS | [61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR 877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005; 77 FR 75587, Dec. 21, 2012; 89 FR 34758, Apr. 30, 2024] | (a) Foreign fishing for groundfish. Regulations governing U.S. nationals fishing in the Russian fisheries are set forth in part 300 of chapter III of this title. (b) Domestic fishing for groundfish. (1) The conservation and management of groundfish in waters of the territorial sea and internal waters of the State of Alaska are governed by the Alaska Administrative Code at 5 AAC Chapter 28 and by the Alaska Statutes at Title 16. (2) Alaska Administrative Code (5 AAC 39.130) governs reporting and permitting requirements using ADF&G “Intent to Operate” and “Fish Tickets.” (c) Halibut. Additional regulations governing the conservation and management of halibut are set forth in subpart E of part 300 of chapter III of this title. (d) King and Tanner crabs. Additional regulations governing conservation and management of king crabs and Tanner crabs in the Bering Sea and Aleutian Islands Area are contained in 50 CFR part 680 and in Alaska Statutes at A.S. 16 and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39. (e) Incidental catch of marine mammals. Regulations governing exemption permits and the recordkeeping and reporting of the incidental take of marine mammals are set forth in § 216.24 and part 229 of this title. (f) Domestic fishing for salmon. Management of the salmon commercial troll fishery and recreational fishery in the East Area of the Salmon Management Area, defined at § 679.2, is delegated to the State of Alaska. Regulations governing the commercial drift gillnet salmon fishery and recreational salmon fishery in the Cook Inlet EEZ Area, defined at § 679.2, are set forth in subpart J of this part. (g) Scallops. Additional regulations governing conservation and management of scallops off Alaska are contained in Alaska Statutes A.S. 16 and Alaska Administrative Code at 5 AAC Chapter 38. | ||||
| 50:50:13.0.1.1.3.1.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.4 Permits. | FWS | [61 FR 31230, June 19, 1996] | (a) Requirements. Only persons who are U.S. citizens are authorized to receive or hold permits under this section, with the exception that an IFQ hired master permit or a CDQ hired master permit need not be held by a U.S. citizen. (1) What permits are available? Various types of permits are issued for programs codified at 50 CFR parts 300 and 679. These permits are listed in the following table. The date of effectiveness for each permit is given along with certain reference paragraphs for further information. (2) Permit and logbook required by participant and fishery. For the various types of permits issued, refer to § 679.5 for recordkeeping and reporting requirements. For subsistence and GAF permits, refer to § 300.65 of this title for recordkeeping and reporting requirements. (3) Permit application —(i) Obtain and submit an application. A person may obtain an application for a new permit or for renewal or revision of an existing permit for any of the permits under this section and must submit forms to NMFS as instructed in application instructions. With appropriate software, all permit applications may be completed online and printed from the Alaska Region website at http://alaskafisheries.noaa.gov. (ii) Deficient application. Upon receipt of an incomplete or improperly completed permit application, the Program Administrator, RAM, will notify the applicant of the deficiency in the permit application. If the applicant fails to correct the deficiency, the permit will not be issued. No permit will be issued to an applicant until a complete application is received. (iii) Separate permit. The operator, manager, Registered Buyer, or Registered Crab Receiver must obtain a separate permit for each applicant, facility, or vessel, as appropriate to each Federal permit in this section. (iv) The information requested on the application must be typed or printed legibly. (v) All permits are issued free of charge. (4) [Reserved] (5) Alteration. No person may alter, erase, mutilate, or forge any permi… | ||||
| 50:50:13.0.1.1.3.1.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.5 Recordkeeping and reporting (R&R). | FWS | [61 FR 31230, June 19, 1996] | (a) General R&R requirements. R&R requirements include, but are not limited to, paper and electronic documentation, logbooks, forms, reports, receipts, computer printouts, and requests for inspection described in this section and in § 679.28. (1) Groundfish logbooks and forms. (i) The Regional Administrator will prescribe and provide groundfish logbooks required under this section. All groundfish forms required under this section are available from the Alaska Region website at http://alaskafisheries.noaa.gov or may be requested by calling the Sustainable Fisheries Division at 907-586-7228 or faxing 907-586-7465. The forms may be completed online, printed, and mailed or faxed to NMFS at the address or fax number shown on the form. The forms also may be completed online, saved as a file, and submitted to NMFS as an attachment to an e-mail to the e-mail address shown on the form. (ii) Current editions. The operator must use the current edition of the logbooks and current format of the forms. Upon approval from the Regional Administrator NMFS-approved electronic versions of the forms may be used. Upon written notification and approval by the Regional Administrator, logbooks from the previous year may be used. (iii) Management program defined. A “management program” is a unique fishery program with a specific management strategy and/or allocation. Harvest that occurred under the management programs listed in the following table must be recorded separately in the logbooks, forms, and eLandings. (2) Responsibility. (i) The operator of a catcher vessel, catcher/processor, mothership, or tender vessel (hereafter referred to as the operator) and the manager of a shoreside processor, SFP, or buying station (hereafter referred to as the manager) are each responsible for complying with the applicable R&R requirements in this section and in § 679.28. (ii) The owner of a vessel, shoreside processor, SFP, buying station, or tender vessel is responsible for compliance and must ensure that the operator, manager, o… | ||||
| 50:50:13.0.1.1.3.1.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.6 Exempted fisheries. | FWS | [61 FR 31230, June 19, 1996, as amended at 64 FR 61981, Nov. 15, 1999; 67 FR 4148, Jan. 28, 2002; 67 FR 22017, May 2, 2002; 74 FR 56745, Nov. 3, 2009] | (a) General. For limited experimental purposes, the Regional Administrator may authorize, after consulting with the Council, fishing for groundfish or fishing for Arctic fish in the Arctic Management Area in a manner that would otherwise be prohibited. No exempted fishing may be conducted unless authorized by an exempted fishing permit issued by the Regional Administrator to the participating vessel owner in accordance with the criteria and procedures specified in this section. Exempted fishing permits will be issued without charge and will expire at the end of a calendar year unless otherwise provided for under paragraph (e) of this section. (b) Application. An applicant for an exempted fishing permit shall submit to the Regional Administrator, at least 60 days before the desired effective date of the exempted fishing permit, a written application including, but not limited to, the following information: (1) The date of the application. (2) The applicant's name, mailing address, and telephone number. (3) A statement of the purpose and goal of the experiment for which an exempted fishing permit is needed, including a general description of the arrangements for disposition of all species harvested under the exempted fishing permit. (4) Technical details about the experiment, including: (i) Amounts of each species to be harvested that are necessary to conduct the experiment, and arrangement for disposition of all species taken. (ii) Area and timing of the experiment. (iii) Vessel and gear to be used. (iv) Experimental design (e.g., sampling procedures, the data and samples to be collected, and analysis of the data and samples). (v) Provision for public release of all obtained information, and submission of interim and final reports. (5) The willingness of the applicant to carry observers, if required by the Regional Administrator, and a description of accommodations and work space for the observer(s). (6) Details for all coordinating parties engaged in the experiment and signatures of all representa… | ||||
| 50:50:13.0.1.1.3.1.1.7 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.7 Prohibitions. | FWS | [61 FR 31230, June 19, 1996] | In addition to the general prohibitions specified in § 600.725 of this chapter, it is unlawful for any person to do any of the following: (a) Groundfish of the GOA and BSAI —(1) Federal Fisheries Permit (FFP). (i) Fish for groundfish in the BSAI or GOA with a vessel of the United States that does not have on board a legible copy of a valid FFP issued under § 679.4. (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or pollock with pot, hook-and-line, or trawl gear from a vessel of the United States that does not have on board a legible copy of a valid FFP issued under § 679.4 and endorsed for Atka mackerel, Pacific cod, or pollock under § 679.4(b). (2) Conduct any fishing contrary to notification of inseason action, closure, or adjustment issued under § 679.20, § 679.21, § 679.22, § 679.25. (3) Groundfish and Halibut Observer Program. (i) Fish or process groundfish except in compliance with the terms of the Groundfish and Halibut Observer Program as provided by subpart E of this part. (ii) Except where observer services are provided by a NMFS employee or other individuals authorized by NMFS under § 679.51(c) or § 679.51(d)(1)(ii), deploy observers in the full observer coverage category at § 679.51(a)(2) and (b)(2) without an observer provider permit issued under § 679.52(a). (4) Pollock roe. Retain pollock roe on board a vessel in violation of § 679.20(g). (5) Rockfish by catcher vessels using hook-and-line, jig, or pot gear. (i) For any person, to discard rockfish from a catcher vessel required to have a Federal fisheries permit that is fishing for groundfish or IFQ or CDQ halibut using hook-and-line, jig, or pot gear in the BSAI or GOA until that fish has been landed. (ii) Exceed the maximum commerce allowance amount established under § 679.20(j). (6) Gear. Deploy any trawl, longline, longline pot, pot-and-line, or jig gear in an area when directed fishing for, or retention of, all groundfish by operators of vessels using that gear type is prohibited in that area, except that this… | ||||
| 50:50:13.0.1.1.3.1.1.8 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.8 Facilitation of enforcement. | FWS | See § 600.730 of this chapter. | |||||
| 50:50:13.0.1.1.3.1.1.9 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | A | Subpart A—General | § 679.9 Penalties. | FWS | See § 600.735 of this chapter. | |||||
| 50:50:13.0.1.1.3.10.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.110 Applicability. | FWS | This subpart contains regulations governing the commercial and recreational harvest of salmon in the Salmon Management Area (See § 679.2). | |||||
| 50:50:13.0.1.1.3.10.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | §§ 679.111-679.113 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.3.10.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.114 Permits. | FWS | (a) Requirements —(1) What permits are available? The following table describes the permits available under this subpart that authorize the retention, processing, and receipt of salmon in the Cook Inlet EEZ Area, respectively, along with date of effectiveness for each permit and reference paragraphs for further information: (2) Permit and logbook required by participant and fishery. For the various types of permits issued pursuant to this subpart, refer to § 679.115 for recordkeeping and reporting requirements. (3) Permit application. (i) A person may obtain an application for a new permit, or for renewal or revision of an existing permit, from NMFS for any of the permits under this section and must submit forms to NMFS as instructed in application instructions. All permit applications may be completed online and printed from the NMFS Alaska Region website (See § 679.2); (ii) Upon receipt of an incomplete or improperly completed permit application, NMFS will notify the applicant of the deficiency in the permit application. If the applicant fails to correct the deficiency, the permit will not be issued. NMFS will not approve a permit application that is untimely or incomplete; (iii) The owner or authorized representative of a vessel, owner or authorized representative of a processor, and Registered Salmon Receiver must obtain a separate permit for each vessel, entity, operation, or facility, as appropriate to each Federal permit in this section; (iv) All permits are issued free of charge; (v) NMFS will consider objective written evidence in determining whether an application is timely. The responsibility remains with the sender to provide objective written evidence of when an application to obtain, amend, or to surrender a permit was received by NMFS ( e.g., certified mail or other method that provides written evidence that NMFS Alaska Region received it); and (vi) For applications delivered by hand delivery or carrier, the date the application was received by NMFS is the date NMFS staff signs for i… | |||||
| 50:50:13.0.1.1.3.10.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.115 Recordkeeping and reporting. | FWS | [89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024] | (a) General recordkeeping and reporting (R&R) requirement. R&R requirements include, but are not limited to, paper and electronic documentation, logbooks, forms, reports, and receipts. (1) Salmon logbooks and forms. (i) The Regional Administrator will prescribe and provide logbooks required under this section. All forms required under this section are available from the NMFS Alaska Region website or may be requested by calling the Sustainable Fisheries Division at 907-586-7228. These forms may be completed online, or submitted according to the instructions shown on the form. (ii) The operator must use the current edition of the logbooks and current format of the forms, unless they obtain prior written approval from NMFS to use logbooks from the previous year. Upon approval from NMFS, electronic versions of the forms may be used. (iii) Commercial salmon harvest that occurred in the Cook Inlet EEZ Area must be recorded in eLandings by an SFPP or RSRP holder. See paragraph (b) of this section for more information. (2) Responsibility. (i) The operator of a vessel, the manager of a salmon shoreside processor (hereafter referred to as the manager), and a Registered Salmon Receiver are responsible for complying with applicable R&R requirements in this section. (ii) The owner of a vessel, the owner of a salmon shoreside processor, and the owner of a Registered Salmon Receiver are responsible for ensuring their employees and agents comply with applicable R&R requirements in this section. (3) Fish to be recorded and reported. The operator of a vessel or manager must record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for all salmon, groundfish (see table 2a to this part), halibut and crab, forage fish (see table 2c to this part), and sculpins (see table 2c to this part). The operator of a vessel or manager may record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for other species (see table 2d to this part): (i) Ha… | ||||
| 50:50:13.0.1.1.3.10.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.116 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.3.10.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.117 Salmon fisheries prohibitions. | FWS | In addition to the general prohibitions specified in § 600.725 of this chapter and § 679.7, it is unlawful for any person to do any of the following: (a) The East Area and the West Area —(1) East Area. Engage in commercial fishing for salmon using any gear except troll gear, defined at § 679.2, in the East Area of the Salmon Management Area, defined at § 679.2 and figure 23 to this part. (2) West Area. Engage in commercial fishing for salmon in the West Area of the Salmon Management Area, defined at § 679.2 and figure 23 to this part. (b) Cook Inlet EEZ Area —(1) Commercial fishery participants. (i) Engage in commercial fishing for salmon in the Cook Inlet EEZ Area of the Salmon Management Area, defined at § 679.2 and figure 22 to this part, with a vessel of the United States that does not have on board a legible copy of a valid SFFP issued to the vessel under § 679.114; (ii) Engage in commercial fishing for salmon using any gear except drift gillnet gear, described at § 679.118, in the Cook Inlet EEZ Area; (iii) Have on board, retrieve, or deploy any gear, except a drift gillnet legally configured for the Cook Inlet EEZ Area commercial salmon fishery while commercial fishing for salmon in the Cook Inlet EEZ Area; (iv) Deploy more than one drift gillnet while commercial fishing for salmon in the Cook Inlet EEZ Area; (v) Deploy drift gillnet gear within, or allow any portion of drift gillnet gear to enter, Alaska State waters on the same calendar day that drift gillnet gear is also deployed in the Cook Inlet EEZ Area while commercial fishing for salmon in the Cook Inlet EEZ Area; (vi) Deploy drift gillnet gear in excess of the allowable configuration for total length and mesh size specified at § 679.118(f) while commercial fishing for salmon in the Cook Inlet EEZ Area; (vii) Use a vessel named, or required to be named, on an SFFP to fish for salmon in the Cook Inlet EEZ Area if that vessel fishes for salmon in Alaska State waters on the same calendar day; (viii) Possess salmon, harvested in Alask… | |||||
| 50:50:13.0.1.1.3.10.1.7 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.118 Management measures. | FWS | [89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024] | This section applies to vessels engaged in commercial fishing and recreational fishing for salmon in the Cook Inlet EEZ Area. (a) Harvest limits —(1) TAC. NMFS, after consultation with the Council, will specify the annual TAC amounts for commercial fishing for each salmon stock or species after accounting for projected recreational fishing removals. (2) Annual TAC determination. The annual determinations of TAC for each salmon species or stock may be based on a review of the following: (i) Resource assessment documents prepared regularly for the Council that provide information on historical catch trends; updated estimates of the MSY of the salmon stocks or stock complexes; assessments of the stock condition of each salmon stock or stock complex; SSC recommendations on reference points established for salmon stocks; management uncertainty; assessments of the multispecies and ecosystem impacts of harvesting the salmon stocks at current levels, given the assessed condition of stocks, including consideration of rebuilding depressed stocks; and alternative harvesting strategies and related effects on the salmon species; (ii) Social and economic considerations that are consistent with Salmon FMP goals for the Cook Inlet EEZ Area, including the need to promote efficiency in the utilization of fishery resources, including minimizing costs; the desire to conserve, protect, and rebuild depleted salmon stocks; the importance of a salmon fishery to harvesters, processors, local communities, and other salmon users in Cook Inlet; and the need to promote utilization of certain species. (b) Annual specifications —(1) Proposed specifications. (i) As soon as practicable after consultation with the Council, NMFS will publish proposed specifications for the salmon fishery in the Cook Inlet EEZ Area; and (ii) NMFS will accept public comment on the proposed specifications established by this section for a period specified in the notice of proposed specifications published in the Federal Register . (2) Final specifica… | ||||
| 50:50:13.0.1.1.3.10.1.8 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | J | Subpart J—Salmon Fishery Management | § 679.119 Recreational salmon fisheries. | FWS | (a) Daily bag limits and possession limits. For each person recreational fishing for salmon in the Cook Inlet EEZ Area, the following daily bag and possession limits apply: (1) Chinook salmon. From April 1 to August 31, the daily bag limit is one Chinook salmon of any size and the possession limit is one daily bag limit (one Chinook salmon). From September 1 to March 31, the daily bag limit is two Chinook salmon of any size and the possession limit is one daily bag limit (two Chinook salmon). (2) Coho salmon, sockeye salmon, pink salmon, and chum salmon. For coho salmon, sockeye salmon, pink salmon, and chum salmon, the daily bag limit is a total of six fish combined, of any size, of which a maximum of three may be coho salmon. The possession limit for coho salmon, sockeye salmon, pink salmon, and chum salmon is one daily bag limit (six fish total). (3) Combination of bag/possession limits. A person who fishes for or possesses salmon in or from the Cook Inlet EEZ Area, specified in paragraph (a) of this section, may not combine such bag or possession limits with any bag or possession limit applicable to Alaska State waters. (4) Responsibility for bag/possession limits. The operator of a vessel that fishes for or possesses salmon in or from the Cook Inlet EEZ Area is responsible for the cumulative bag or possession limit specified in paragraph (a) of this section that apply to that vessel, based on the number of persons aboard. (5) Transfer at sea. A person who fishes for or possesses salmon in or from the Cook Inlet EEZ Area under a bag or possession limit specified in paragraph (a) of this section may not transfer a salmon at sea from a fishing vessel to any other vessel, and no person may receive at sea such salmon. (b) Careful release. Any salmon brought aboard a vessel and not immediately returned to the sea with a minimum of injury will be included in the daily bag limit of the person catching the salmon. | |||||
| 50:50:13.0.1.1.3.12.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.130 Allocation, use, and transfer of PCTC Program QS permits. | FWS | (a) Applicable areas and seasons. (1) The PCTC Program applies to the Pacific cod trawl catcher vessel sector in the BSAI as defined at § 679.20(a)(7)(ii)(A). (2) The following fishing seasons apply to fishing under this subpart subject to other provisions of this part: (i) Fishing by vessels participating in a cooperative is authorized for the PCTC Program A season from 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., April 1. (ii) Fishing by vessels participating in a cooperative is authorized for the PCTC Program B season from 1200 hours, A.l.t., April 1 through 1200 hours, A.l.t., June 10. (iii) The PCTC Program does not apply to the Pacific cod trawl catcher vessel C season, as defined at § 679.23(e)(5)(ii)(C)( 1 ). (b) Pacific cod legal landings. Pacific cod legal landings means the retained catch of Pacific cod caught using trawl gear in a management area in the BSAI by a catcher vessel during the directed fishing season for Pacific cod that: (1) Was made in compliance with State and Federal regulations in effect at that time; and (2) Was recorded on a State of Alaska fish ticket for shoreside deliveries or in observer data for mothership deliveries; and (3) Was the predominately retained species on the fishing trip; and (4) Was authorized by: (i) An LLP license and caught in the A or B season of a Federal or parallel groundfish fishery during the qualifying years 2009 through 2019; or (ii) An LLP license with a transferable AI endorsement prior to receiving the AI endorsement and was caught in a parallel fishery between January 20, 2004, and September 13, 2009; and (5) Was not made in a CDQ fishery; and (6) Was not made in a State of Alaska GHL fishery. (c) Eligible PCTC Program harvesters. NMFS will assign Pacific cod legal landings to an LLP license only if the qualifying Pacific cod legal landings of BSAI trawl catcher vessel Pacific cod were made under the authority of a fully transferable LLP license endorsed for BS or AI Pacific cod with a trawl gear designation from 20… | |||||
| 50:50:13.0.1.1.3.12.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.131 PCTC Program annual harvester privileges. | FWS | (a) Assigning CQ to a PCTC Program cooperative —(1) General. ( See also § 679.4(q)). (i) Every calendar year, PCTC Program QS assigned to LLP licenses and PCTC Program QS permits held by a PCTC Program processor must be assigned to a PCTC Program cooperative through a CQ permit to use the CQ derived from that PCTC Program QS to catch Pacific cod, crab PSC, or halibut PSC assigned to the PCTC Program. (ii) NMFS will issue a CQ permit to a PCTC Program cooperative based on the aggregate PCTC Program QS of all LLP licenses and associated processors designated on an application for CQ that is approved by the Regional Administrator as described under paragraph (a)(4) of this section. (iii) Processors must associate with a PCTC Program cooperative for the PCTC Program QS assigned to that processor's PCTC Program QS permit to be issued to a PCTC Program cooperative as CQ. (2) PCTC Program QS issued after issuance of CQ or Pacific cod trawl catcher vessel sector TAC. Any PCTC Program QS assigned to an LLP license or PCTC Program QS permit after NMFS has issued CQ for a calendar year will not result in any additional CQ being issued to a PCTC Program cooperative even if that QS holder has assigned their LLP license or PCTC Program QS permit to a PCTC Program cooperative for that calendar year. (3) Failure to designate QS to a PCTC Program cooperative. Failure to designate an LLP license with PCTC Program QS or a PCTC Program QS permit on a timely and complete application for CQ that is approved by the Regional Administrator as described under paragraph (a)(4) of this section, will result in the Regional Administrator not assigning that QS to a PCTC Program cooperative for the applicable calendar year. (4) Application for PCTC Program CQ. PCTC Program cooperatives must submit a complete application by November 1 to receive CQ that includes the following: (i) PCTC Program cooperative identification, including but not limited to the name of the cooperative and the taxpayer identification number; (ii) PCTC Pr… | |||||
| 50:50:13.0.1.1.3.12.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.132 Aleutian Islands CQ set-aside provisions in the PCTC Program. | FWS | (a) Aleutian Islands CQ set-aside provisions in the PCTC Program —(1) Calculation of the Aleutian Islands Pacific cod non-CDQ ICA and DFA. Each year, during the annual harvest specifications process set forth at § 679.20(c), the Regional Administrator will specify the AI Pacific cod non-CDQ ICA, the DFA from the AI Pacific cod non-CDQ TAC, and the AI set-aside as follows: (2) Aleutian Islands Pacific cod non-CDQ ICA. The AI Pacific cod non-CDQ ICA will be deducted from the aggregate portion of the AI Pacific cod non-CDQ TAC annually allocated to the non-CDQ sectors identified at § 679.20(a)(7)(ii)(A). (3) Aleutian Islands Pacific cod non-CDQ DFA. The AI Pacific cod non-CDQ DFA will be the amount of the AI Pacific cod TAC remaining after subtraction of the AI Pacific cod CDQ reserve and the AI Pacific cod non-CDQ ICA. (4) Calculation of the Aleutian Islands CQ set-aside. The Regional Administrator will specify the AI set-aside in either of the following ways: (i) When the AI DFA exceeds 12 percent of A season CQ, the AI set-aside is 12 percent of the PCTC Program A season CQ and is in effect during the A and B seasons. (ii) If the AI non-CDQ DFA is below 12 percent of the PCTC Program A season CQ, then the AI set-aside will be set equal to the AI non-CDQ DFA and is in effect during the A and B seasons. When the AI set-aside is in effect and set equal to the AI non-CDQ DFA, directed fishing for Pacific cod in the AI may only be conducted by PCTC Program vessels that deliver their catch of AI Pacific cod to an Aleutian Islands shoreplant. After June 10, the Regional Administrator may open directed fishing for AI non-CDQ Pacific cod for other sectors. (b) Annual notice of intent to process Aleutian Islands Pacific cod —(1) Submission of notice. The provisions of this section will apply if a representative of either the City of Adak or the City of Atka submits to the Regional Administrator a timely and complete notice of its intent to process PCTC Program Pacific cod during the upcoming fishing year.… | |||||
| 50:50:13.0.1.1.3.12.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.133 PCTC Program ownership caps, use caps, and sideboard limits. | FWS | (a) Ownership and use caps —(1) General. (i) Ownership caps limit the amount of PCTC Program QS that may be owned by a harvester or processor and their affiliates. Use caps limit the amount of CQ that may be harvested by a vessel or received and processed by a processor. (ii) Use caps do not apply to halibut or crab PSC CQ. (iii) Ownership and use caps may not be exceeded except as provided under paragraph (a)(6) of this section. (iv) All QS ownership caps are a percentage of the initial PCTC Program QS pool established by NMFS at § 679.130(e). (v) The CQ processing use cap is a percentage of the total amount of CQ issued to cooperatives during a calendar year. (vi) The vessel use cap is a percentage of the amount of CQ assigned to the PCTC Program during a calendar year. (2) Harvester PCTC Program QS ownership cap. A person may not individually or collectively own more than 5 percent of the PCTC Program QS initially assigned to harvesters unless that person qualifies for an exemption to this ownership cap under paragraph (a)(6) of this section based on their qualifying catch history. Processor-issued QS does not count toward this ownership cap. (3) Vessel use cap. A catcher vessel may not harvest an amount of CQ greater than 5 percent of the CQ issued to the PCTC Program during a calendar year unless that vessel qualifies for an exemption to this use cap under paragraph (a)(6) of this section based on their qualifying catch history. (4) Processor ownership cap. A person may not individually or collectively own more than 20 percent of the PCTC Program QS initially assigned to processors unless that person qualifies for an exemption to this ownership cap under paragraph (a)(6) of this section based on their qualifying processing history. (5) Processing use cap. A processor, at the firm or company level, may not process more than 20 percent of the CQ assigned to the PCTC Program during a calendar year unless that processor qualifies for an exemption to this use cap under paragraph (a)(6) of this… | |||||
| 50:50:13.0.1.1.3.12.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.134 PCTC Program permits, catch monitoring, catch accounting, and recordkeeping and reporting. | FWS | [88 FR 53735, Aug. 8, 2023; 88 FR 57009, Aug. 22, 2023, as amended at 90 FR 23466, June 3, 2025] | (a) Permits. For permit information, please see § 679.4(q). (b) Catch monitoring requirements for PCTC Program catcher vessels. The owner and operator of a catcher vessel must ensure the vessel complies with the observer coverage requirements described at § 679.51(a)(2) at all times the vessel is participating in a PCTC Program cooperative. (c) Catch monitoring requirements for motherships receiving unsorted codends from a PCTC Program catcher vessel —(1) Catch weighing. All catch, except halibut sorted on deck by vessels participating in the halibut deck sorting described at § 679.102, must be weighed on a NMFS-approved scale in compliance with the scale requirements at § 679.28(b). Each haul must be weighed separately and all catch must be made available for sampling by an observer. (2) Additional catch monitoring requirements. Comply with catch monitoring requirements specified at § 679.93(c). (d) Catch monitoring requirements for shoreside processors. All groundfish landed by catcher vessels described at § 679.51(a)(2) must be sorted, weighed on a scale approved by the State of Alaska as described at § 679.28(c), and be made available for sampling by an observer, NMFS staff, or any individual authorized by NMFS. Any of these persons must be allowed to test any scale used to weigh groundfish to determine its accuracy. (e) Catch accounting —(1) Pacific cod. All Pacific cod harvests by a vessel that is named on a PCTC Program CQ application and fishing under a CQ permit will be debited against the CQ for that cooperative during the fishing seasons as defined at § 679.130(a)(2). (2) PCTC Program halibut and crab PSC. All halibut and crab PSC used by a vessel that is named on an Application PCTC Program CQ and fishing under a CQ permit will be debited against the CQ for that cooperative during the fishing seasons as defined at § 679.130(a)(2). (3) Groundfish sideboard limits. All groundfish harvests in the BSAI and GOA that are subject to a sideboard limit for that groundfish species as de… | ||||
| 50:50:13.0.1.1.3.12.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | L | Subpart L—Pacific Cod Trawl Cooperative Program | § 679.135 PCTC Program cost recovery. | FWS | [88 FR 53735, Aug. 8, 2023, as amended at 90 FR 23466, June 3, 2025] | (a) Cost recovery fees —(1) Responsibility. Each PCTC Program cooperative must comply with the requirements of this section. (i) Subsequent transfer of CQ or QS held by PCTC Program cooperative members does not affect the cooperative's liability for noncompliance with this section. (ii) Non-renewal of a CQ permit does not affect the cooperative's liability for noncompliance with this section. (iii) Changes in the membership in a PCTC Program cooperative, such as members joining or departing during the relevant year, or changes in the amount of QS holdings of those members does not affect the cooperative's liability for noncompliance with this section. (2) Fee collection. PCTC Program cooperatives that receive CQ are responsible for submitting the cost recovery payment for all CQ landings made under the authority of their CQ permit. (3) Payment. (i) A cooperative must submit any cost recovery fee liability payment(s) no later than August 31 of the calendar year in which the CQ landings were made. (ii) Make electronic payment payable to NMFS. (iii) Submit payment and related documents as instructed on the NMFS Alaska Region website as defined at § 679.2. (iv) Payment must be made electronically in U.S. dollars using an approved payment method available on the payment website. (b) Pacific cod standard ex-vessel value determination and use. NMFS will use standard ex-vessel prices calculated for Pacific cod based on information provided in the Pacific Cod Ex-vessel Volume and Value Report described at § 679.5(u)(1) from the previous calendar year. (c) PCTC Program fee percentage —(1) Fee percentage. The fee percentage is the amount as determined by the factors and methodology described in paragraph (c)(2) of this section. This amount will be announced by publication in the Federal Register. This amount must not exceed 3.0 percent of the gross ex-vessel value pursuant to 16 U.S.C. 1854(d)(2)(B). (2) Calculating fee percentage value. Each year NMFS shall calculate and publish the fee percentag… | ||||
| 50:50:13.0.1.1.3.2.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.20 General limitations. | FWS | [61 FR 31230, June 19, 1996] | This section applies to vessels engaged in directed fishing for groundfish in the GOA and/or the BSAI and to vessels engaged in commercial fishing for Arctic fish in the Arctic Management Area. (a) Harvest limits —(1) OY —(i) BSAI and GOA. The OY for BSAI and GOA target species is a range or specific amount that can be harvested consistently with this part, plus the amounts of “nonspecified species” taken incidentally to the harvest of target species. The species categories are defined in Table 1 of the specifications as provided in paragraph (c) of this section. (A) The OY for groundfish in the BSAI regulated by this section and by part 600 of this chapter is 1.4 million to 2.0 million mt. (B) The OY for groundfish in the GOA regulated by this section and by part 600 of this chapter is 116,000 to 800,000 mt. (ii) Arctic Management Area. The OY for each target fish species identified in the Fishery Management Plan for Fish Resources of the Arctic Management Area regulated by this section and by part 600 of this chapter is 0 mt. (2) TAC. NMFS, after consultation with the Council, will specify and apportion the annual TAC and reserves for each calendar year among the GOA and BSAI target species. TACs in the target species category may be split or combined for purposes of establishing new TACs with apportionments thereof under paragraph (c) of this section. The sum of the TACs so specified must be within the OY range specified in paragraph (a)(1) of this section. (3) Annual TAC determination. The annual determinations of TAC for each target species and the reapportionment of reserves may be adjusted, based upon a review of the following: (i) Biological condition of groundfish stocks. Resource assessment documents prepared annually for the Council that provide information on historical catch trend; updated estimates of the MSY of the groundfish complex and its component species groups; assessments of the stock condition of each target species; assessments of the multispecies and ecosystem impacts o… | ||||
| 50:50:13.0.1.1.3.2.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.21 Prohibited species bycatch management. | FWS | [61 FR 31230, June 19, 1996] | (a) General. (1) See § 679.2 and Table 2b to this part for definition of prohibited species. (2) Prohibited species catch restrictions. The operator of each vessel engaged in directed fishing for groundfish in the GOA or BSAI must: (i) Minimize its catch of prohibited species. (ii) After allowing for sampling by an observer, if an observer is aboard, sort its catch immediately after retrieval of the gear and, except for salmon prohibited species catch in the BS pollock fisheries and GOA groundfish fisheries under paragraph (f) or (h) of this section, or any prohibited species catch as provided (in permits issued) under the PSD program at § 679.26, return all prohibited species, or parts thereof, to the sea immediately, with a minimum of injury, regardless of its condition. (A) Vessels in the trawl EM category must retain all prohibited species catch for sampling by an observer. (B) [Reserved] (3) Rebuttable presumption. Except as provided under paragraphs (f) and (h) of this section and § 679.26, there will be a rebuttable presumption that any prohibited species retained on board a fishing vessel regulated under this part was caught and retained in violation of this section. (4) Prohibited species taken seaward of the EEZ off Alaska. No vessel fishing for groundfish in the GOA or BSAI may have on board any species listed in this paragraph (a) that was taken in waters seaward of these management areas, regardless of whether retention of such species was authorized by other applicable laws. (5) Sablefish as a prohibited species. (See § 679.24(c) for gear restrictions for sablefish.) (6) Addresses. Unless otherwise specified, submit information required under this section to NMFS as follows: by mail to the Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to the Office of the Regional Administrator, 709 West 9th St., Juneau, AK 99801; or by fax to 907-586-7465. Forms are available on the NMFS Alaska Region Web site ( http://alaskafisheries.noaa.gov/ ). (b) BSAI halibut… | ||||
| 50:50:13.0.1.1.3.2.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.22 Closures. | FWS | [61 FR 31230, June 19, 1996] | (a) BSAI —(1) Zone 1 (512) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 512 of Zone 1 in the Bering Sea subarea. (2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 516 of Zone 1 in the Bering Sea Subarea during the period March 15 through June 15. (3) Red King Crab Savings Area (RKCSA). Directed fishing for groundfish by vessels using trawl gear other than pelagic trawl gear is prohibited at all times, except as provided at § 679.21(e)(3)(ii)(B), in that part of the Bering Sea subarea defined as RKCSA in Figure 11 to this part. (4) Walrus protection areas. (i) From April 1 through September 30 of each calendar year, vessels designated on a Federal fisheries permit issued under § 679.4 are prohibited from deploying fishing gear in that part of the Bering Sea subarea between 3 and 12 nm seaward of the baseline used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Peirce (58°33′ N. lat., 161°43′ W. long.). (ii) From April 1 through September 30 of each calendar year, vessels designated on a Federal fisheries permit issued under § 679.4 are prohibited in that part of the Bering Sea subarea between 3 and 12 nm seaward of the baseline used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Peirce (58°33′ N. lat., 161°43′ W. long.), except that from April 1 through August 15 of each calendar year vessels designated on a Federal fisheries permit are not prohibited from entering and transiting through waters off: (A) Round Island, north of a straight line connecting 58°47.90′ N. lat./160°21.91′ W. long., and 58°32.94′ N. lat./159°35.45′ W. long.; and (B) Cape Peirce, east of a straight line connecting 58°30.00′ N. lat./161°46.20′ W. long., and 58°21.00′ N. lat./161°46.20′ W. long. (5) Catcher Vessel Operational Area (CVOA… | ||||
| 50:50:13.0.1.1.3.2.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.23 Seasons. | FWS | [61 FR 31230, June 19, 1996] | (a) Groundfish, general. Fishing for groundfish in the GOA and BSAI is authorized from 0001 hours, A.l.t., January 1, through 2400 hours, A.l.t., December 31, subject to the other provisions of this part, except as provided in paragraph (c) of this section. (b) Time of groundfish openings and closures. The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, A.l.t. (c) GOA and BSAI trawl groundfish. Notwithstanding other provisions of this part, fishing for groundfish with trawl gear in the GOA and BSAI is prohibited from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t., January 20. (d) GOA groundfish seasons —(1) Directed fishing for trawl rockfish. Directed fishing for rockfish with trawl gear is authorized from 1200 hours, A.l.t., on the first day of the third quarterly reporting period of a fishing year through 2400 hours, A.l.t., December 31, subject to other provisions of this part. (2) Directed fishing for pollock. Subject to other provisions of this part, directed fishing for pollock in the Western and Central Regulatory Areas is authorized only during the following two seasons: (i) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., May 31; and (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 hours, A.l.t., November 1. (3) Directed fishing for Pacific cod —(i) Hook-and-line or pot gear. Subject to other provisions of this part, directed fishing for Pacific cod with hook-and-line or pot gear in the Western and Central GOA Regulatory Areas is authorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., June 10; and (B) B season. From 1200 hours, A.l.t., September 1 through 2400 hours, A.l.t., December 31. (ii) Trawl gear. Subject to other provisions of this part, directed fishing for Pacific cod with trawl gear in the Western and Central Regulatory Areas is authorized only during the … | ||||
| 50:50:13.0.1.1.3.2.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.24 Gear limitations. | FWS | [61 FR 31230, June 19, 1996] | Regulations pertaining to vessel and gear markings are set forth in this section and as prescribed in the annual management measures published in the Federal Register pursuant to § 300.62 of chapter III of this title. (a) Marking of hook-and-line, longline pot, and pot-and-line gear. (1) All hook-and-line, longline pot, and pot-and-line marker buoys carried on board or used by any vessel regulated under this part shall be marked with the vessel's Federal fisheries permit number or ADF&G vessel registration number. (2) Markings shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible. (3) Each end of a set of longline pot gear deployed to fish IFQ sablefish in the GOA, and each end of a set of longline pot gear deployed to fish for Greenland turbot in the Bering Sea subarea of the BSAI, must have one hard buoy ball attached and marked with the capital letters “LP” in accordance with paragraph (a)(2) of this section. (b) Gear restrictions —(1) Pots— — Longline pot gear. Any person using longline pot gear must treat any catch of groundfish as a prohibited species, except: (i) In the Aleutian Islands subarea. (ii) While directed fishing for sablefish in the Bering Sea subarea. (iii) While directed fishing for IFQ sablefish in the GOA. (iv) While fishing for IFQ or CDQ halibut in the BSAI. (v) While directed fishing for Greenland turbot in the Bering Sea subarea of the BSAI by a hook-and-line catcher/processor as defined in § 679.2. (2) [Reserved] (3) Trawl footrope. No person trawling in any GOA area limited to pelagic trawling under § 679.22 may allow the footrope of that trawl to be in contact with the seabed for more than 10 percent of the period of any tow. (4) BSAI pollock nonpelagic trawl prohibition. No person may use nonpelagic trawl gear to engage in directed fishing for pollock in the BSAI. (c) Gear restrictions for sablefish —(1) Gear… | ||||
| 50:50:13.0.1.1.3.2.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.25 Inseason adjustments. | FWS | [61 FR 31230, June 19, 1996, as amended at 75 FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27, 2016; 85 FR 850, Jan. 8, 2020; 89 FR 34758, Apr. 30, 2024] | (a) General —(1) Types of adjustments. Inseason adjustments for directed fishing for groundfish, fishing for IFQ or CDQ halibut, or fishing for Cook Inlet EEZ Area salmon issued by NMFS under this section include: (i) Closure, extension, or opening of a season in all or part of a management area. (ii) Modification of the allowable gear to be used in all or part of a management area. (iii) Adjustment of TAC and PSC limits. (iv) Interim closures of statistical areas, or portions thereof, to directed fishing for specified groundfish species. (v) Inseason closures of an area, district, or portions thereof, of harvest of specified halibut fisheries. (vi) Adjustment of TAC for any salmon species or stock and closure or opening of a season in all or part of the Cook Inlet EEZ Area. (2) Determinations. (i) Any inseason adjustment taken under paragraph (a)(1)(i), (ii), (iii), or (iv) of this section must be based on a determination that such adjustments are necessary to prevent: (A) Overfishing of any species or stock of fish or shellfish; (B) Harvest of a TAC for any groundfish species or the taking of a PSC limit for any prohibited species that, on the basis of the best available scientific information, is found by NMFS to be incorrectly specified; or (C) Underharvest of a TAC or gear share of a TAC for any groundfish species when catch information indicates that the TAC or gear share has not been reached. (ii) Any inseason closure of a statistical area, or portion thereof, under paragraph (a)(1)(iv) of this section, must be based upon a determination that such closures are necessary to prevent: (A) A continuation of relatively high bycatch rates of prohibited species specified under § 679.21(a) in a statistical area, or portion thereof; (B) Take of an excessive share of PSC limits or bycatch allowances established under § 679.21(d) and (e) by vessels fishing in a statistical area, or portion thereof; (C) Closure of one or more directed fisheries for groundfish due to excessive prohibited species byca… | ||||
| 50:50:13.0.1.1.3.2.1.7 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.26 Prohibited Species Donation Program. | FWS | [61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 1998; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; 75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20, 2012; 81 FR 24733, Apr. 27, 2016] | (a) Authorized species. The PSD program applies only to the following species: (1) Salmon. (2) Halibut delivered by catcher vessels using trawl gear to shoreside processors and stationary floating processors. (b) Authorized distributors —(1) Application. An applicant seeking to become an authorized distributor must provide the Regional Administrator with the following information: (i) Proof of the applicant's tax-exempt status. (ii) A description of the arrangements for processing, shipping, storing, and transporting donated fish and an estimate of the associated costs. (iii) A statement describing the applicant's expertise in providing for the distribution of food product from remote Alaskan locations to hunger relief agencies, food bank networks, or food bank distributors, including arrangements for transportation, distribution costs, and product quality control. (iv) Documentation of support from cold storage and transportation facilities. (v) A proposed operating budget that is adequate to ensure that fish donated under this program will be distributed to hunger relief agencies, food bank networks, or food bank distributors and that the fish will be maintained in a manner fit for human consumption. (vi) Proof of the applicant's ability to obtain and maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant's articles of incorporation and bylaws showing that the purpose of the applicant includes providing food resources to hunger relief agencies, food bank networks, or food bank distributors. (viii) Proof of the applicant's ability to take full responsibility for the documentation and disposition of fish received under the PSD program, including sufficient liability insurance to cover public interests relating to the quality of fish distributed for human consumption. (ix) Quality control criteria to be followed by vessels, processors, hunger relief agencies, food bank networks, and food bank distributors. (x) The number of vessels and processo… | ||||
| 50:50:13.0.1.1.3.2.1.8 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.27 Improved Retention/Improved Utilization Program. | FWS | [62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997; 68 FR 52144, Sept. 2, 2003; 69 FR 32903, June 14, 2004; 71 FR 17381, Apr. 6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR 76166, Dec. 15, 2008; 74 FR 62508, Nov. 30, 2009; 75 FR 53069, Aug. 30, 2010; 77 FR 6502, Feb. 8, 2012; 78 FR 12632, Feb. 25, 2013] | (a) Applicability. The owner or operator of a vessel that is required to obtain a Federal fisheries or processor permit under § 679.4 must comply with the IR/IU program set out in this section while fishing for groundfish in the GOA or BSAI, fishing for groundfish in waters of the State of Alaska that are shoreward of the GOA or BSAI, or when processing groundfish harvested in the GOA or BSAI. (b) IR/IU species. The following species are defined as “IR/IU species” for the purposes of this section: (1) Pollock. (2) Pacific cod. (3) Shallow-water flatfish species complex in the GOA as defined in the annual harvest specifications for the GOA (beginning January 1, 2003). (4) For catcher/processors not listed in § 679.4(l)(2)(i) using trawl gear in the BSAI, all species listed in Table 2a to this part, except for groundfish in prohibited species status. (c) Minimum retention requirements —(1) Definition of retain on board. Notwithstanding the definition at 50 CFR 600.10, for the purpose of this section, to retain on board means to be in possession of on board a vessel. (2) The following table displays minimum retention requirements by vessel category and directed fishing status: (d) Bleeding codends and shaking longline gear. Any action intended to discard or release an IR/IU species prior to being brought on board the vessel is prohibited. This includes, but is not limited to bleeding codends and shaking or otherwise removing fish from longline gear. (e) At-sea discard of product. Any product from an IR/IU species may not be discarded at sea, unless such discarding is necessary to meet other requirements of this part. (f) Discard of fish or product transferred from other vessels. The retention requirements of this section apply to all IR/IU species brought on board a vessel, whether harvested by that vessel or transferred from another vessel. At-sea discard of IR/IU species or products that were transferred from another vessel is prohibited. (g) IR/IU species as bait. IR/IU species may be us… | ||||
| 50:50:13.0.1.1.3.2.1.9 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | B | Subpart B—Management Measures | § 679.28 Equipment and operational requirements. | FWS | [63 FR 5843, Feb. 4, 1998] | (a) Applicability. This section contains the operational requirements for scales, observer sampling stations, vessel monitoring system hardware, catch monitoring and control plans, catcher vessel electronic logbook software, and video monitoring systems. The operator or manager must retain a copy of all records described in this section (§ 679.28) as indicated at § 679.5(a)(5) and (6) and make available the records upon request of NMFS observers and authorized officers as indicated at § 679.5(a)(5). (b) Scales used to weigh catch at sea. In order to be approved by NMFS a scale used to weigh catch at sea must meet the type evaluation requirements set forth in paragraph (b)(1) of this section and the initial inspection and annual reinspection requirements set forth in paragraph (b)(2) of this section. Once a scale is installed on a vessel and approved by NMFS for use to weigh catch at sea, it must be reinspected annually and must be tested daily and meet the maximum permissible error (MPE) requirements described in paragraph (b)(3) of this section. (1) List of scales eligible for approval. The model of scale must be included on the Regional Administrator's list of scales eligible to be approved for weighing catch at sea before an inspector will schedule or conduct a scale inspection under paragraph (b)(2) of this section. A scale will be included on the list when the Regional Administrator receives the information specified in paragraphs (b)(1)(i) through (iv) of this section. This information identifies and describes the scale, sets forth contact information regarding the manufacturer, and sets forth the results of required type evaluations and testing. Type evaluation and testing must be conducted by a laboratory accredited by the government of the country in which the tests are conducted. (i) Information about the scale. (A) Name of scale manufacturer. (B) Name of manufacturer's representative. (C) Mailing address of scale manufacturer and manufacturer's representative. (D) Telephone and fax number… | ||||
| 50:50:13.0.1.1.3.3.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | C | Subpart C—Western Alaska Community Development Quota Program | § 679.30 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.3.3.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | C | Subpart C—Western Alaska Community Development Quota Program | § 679.31 CDQ and PSQ reserves, allocations, and transfers. | FWS | [77 FR 6498, Feb. 8, 2012, as amended at 79 FR 56681, Sept. 23, 2014; 81 FR 24733, Apr. 27, 2016] | (a) CDQ, PSQ, and CDQ ABC reserves —(1) Groundfish CDQ reserves. See § 679.20 (b)(1)(ii). (2) Halibut CDQ reserve —(i) NMFS will annually withhold from the IFQ allocation the proportions of the halibut catch limit that are specified in paragraph (a)(2)(ii) of this section for use as a CDQ reserve. (ii) The proportions of the halibut catch limit annually withheld for the halibut CDQ program, exclusive of issued QS, are as follows for each IPHC regulatory area (see Figure 15 to this part): (A) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual halibut quota shall be apportioned to a CDQ reserve. (B) Area 4C. In IPHC regulatory area 4C, 50 percent of the annual halibut quota shall be apportioned to a CDQ reserve. (C) Area 4D. In IPHC regulatory area 4D, 30 percent of the annual halibut quota shall be apportioned to a CDQ reserve. (D) Area 4E. In IPHC regulatory area 4E, 100 percent of the annual halibut quota shall be apportioned to a CDQ reserve. A fishing trip limit of 10,000 lb (4.54 mt) applies to halibut CDQ harvested through September 1. (3) Crab CDQ reserves. Crab CDQ reserves for crab species governed by the Crab Rationalization Program are specified at § 680.40(a)(1) of this chapter. For Norton Sound red king crab, 7.5 percent of the guideline harvest level specified by the State of Alaska is allocated to the crab CDQ reserve. (4) PSQ reserve. (See § 679.21(e)(3)(i)(A) and (b)(1)(iv)) (5) CDQ ABC reserves. (See § 679.20(b)(1)(iii)(A)) (b) Allocations of CDQ, PSQ, and CDQ ABC reserves among the CDQ groups —(1) Annual allocations of groundfish, halibut, and crab CDQ reserves among the CDQ groups. The CDQ reserves in paragraphs (a)(1) through (a)(3) of this section and § 679.20(b)(1)(ii) shall be allocated among the CDQ groups based on the CDQ percentage allocations required under 16 U.S.C. 1855(i)(1)(C), unless modified under 16 U.S.C. 1855(i)(1)(H). A portion of the groundfish CDQ reserves will be allocated according to paragraph (b)(2) of this section. (2) Annual … | ||||
| 50:50:13.0.1.1.3.3.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | C | Subpart C—Western Alaska Community Development Quota Program | § 679.32 Groundfish and halibut CDQ catch monitoring. | FWS | [77 FR 6499, Feb. 8, 2012, as amended at 77 FR 59060, Sept. 26, 2012; 77 FR 70091, Nov. 21, 2012; 81 FR 26744, May 4, 2016; 83 FR 30532, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023] | (a) Applicability. This section contains requirements for CDQ groups, vessel operators, and managers of processors that harvest or process fixed gear sablefish CDQ, pollock CDQ, or groundfish CDQ. Regulations governing the catch accounting of halibut CDQ are at § 679.40(h). (b) PSQ catch. Time and area closures required once a CDQ group has reached its salmon PSQ or crab PSQ are listed in § 679.7(d)(5). The catch of salmon or crab by vessels using other than trawl gear does not accrue to the PSQ for these species. The discard of halibut by vessels using pot gear, jig gear, or hook-and-line gear to harvest sablefish CDQ will not accrue to the halibut PSQ if this bycatch has been exempted from the halibut PSC limit in the annual BSAI specifications published in the Federal Register. (c) Fisheries monitoring requirements and catch accounting sources for vessels sablefish, pollock, or groundfish CDQ fishing —(1) Sablefish CDQ fishing with fixed gear. (i) Observer coverage. Operators and owners of catcher vessels sablefish CDQ fishing must comply with observer coverage requirements at § 679.51(a)(1). Operators and owners of catcher/processors sablefish CDQ fishing must comply with observer coverage requirements at § 679.51(a)(2). (ii) Data sources used for CDQ catch accounting. NMFS will use the following data sources to account for catch made by vessels sablefish CDQ fishing with fixed gear: (A) Sablefish CDQ. NMFS will use the same information sources that are used to debit sablefish IFQ accounts (see § 679.40(h)) to debit fixed gear sablefish CDQ accounts. This information must be reported through standard reporting requirements in § 679.5. (B) Groundfish CDQ. NMFS will use the catch information submitted under standard reporting requirements in § 679.5 to debit any other groundfish CDQ species caught while sablefish CDQ fishing from applicable groundfish CDQ accounts. (2) Pollock CDQ fishing —(i) Operational requirements for catcher/processors and motherships. Operators of catcher/processo… | ||||
| 50:50:13.0.1.1.3.3.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | C | Subpart C—Western Alaska Community Development Quota Program | § 679.33 CDQ cost recovery. | FWS | [81 FR 167, Jan. 5, 2016] | (a) Cost Recovery Fee Program for CDQ groundfish and halibut —(1) Who is Responsible? The person documented with NMFS as the CDQ group representative at the time of a CDQ landing. (i) Subsequent transfer, under § 679.31(c), of a CDQ allocation by a CDQ group does not affect the CDQ group representative's liability for noncompliance with this section. (ii) Changes in amount of a CDQ allocation to a CDQ group do not affect the CDQ group representative's liability for noncompliance with this section. (2) Fee collection. Each CDQ group that receives a CDQ allocation of groundfish and halibut is responsible for submitting the cost recovery payment for all CDQ landings debited against that CDQ group's allocations. (3) Payment —(i) Payment due date. A CDQ group representative must submit all CDQ fee payment(s) to NMFS at the address provided in paragraph (a)(3)(iii) of this section no later than December 31 of the calendar year in which the CDQ groundfish and halibut landings were made. (ii) Payment recipient. Make electronic payment payable to NMFS. (iii) Payment address. Submit payment and related documents as instructed on the fee submission form. Payments must be made electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be made available on both the payment Web site and a fee liability summary letter mailed to the CDQ group representative. (iv) Payment method. Payment must be made electronically in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account. (b) CDQ standard ex-vessel value determination and use —(1) General. A CDQ group representative must use the CDQ standard prices determined by NMFS under paragraph (b)(2) of this section. (2) CDQ standard prices —(i) General. Each year the Regional Administrator will publish CDQ standard prices for groundfish and halibut in the Federal Register by December 1 of the year in which the CDQ groundfish and halibut… | ||||
| 50:50:13.0.1.1.3.4.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.40 Sablefish and halibut QS. | FWS | [61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 FR 41525, Aug. 9, 1996; 61 FR 43314, Aug. 22, 1996; 62 FR 59299, Nov. 3, 1997; 66 FR 27910, May 21, 2001; 67 FR 4133, Jan. 28, 2002; 71 FR 36492, June 27, 2006; 72 FR 44809, Aug. 9, 2007; 73 FR 76166, Dec. 15, 2008; 76 FR 40633, July 11, 2011; 77 FR 29563, May 18, 2012; 78 FR 75893, Dec. 12, 2013; 83 FR 47831, Sept. 21, 2018] | The Regional Administrator shall annually divide the annual commercial fishing catch limit of halibut as defined in § 300.61 of this title and published in the Federal Register pursuant to § 300.62 of this title, among qualified halibut quota share holders. The Regional Administrator shall annually divide the TAC of sablefish that is apportioned to the fixed gear fishery pursuant to § 679.20, minus the CDQ reserve, among qualified sablefish quota share holders. (a) Initial allocation of QS —(1) General. The Regional Administrator shall initially assign to qualified persons, on or after October 18, 1994, halibut and sablefish fixed gear fishery QS that are specific to IFQ regulatory areas and vessel categories. QS will be assigned as a block in the appropriate IFQ regulatory area and vessel category, if that QS would have resulted in an allocation of less than 20,000 lb (9 mt) of IFQ for halibut or sablefish based on the 1994 TAC for fixed gear in those fisheries for specific IFQ regulatory areas and the QS pools of those fisheries for specific IFQ regulatory areas as of October 17, 1994. (2) Qualified person. (i) As used in this section, a “qualified person” means a “person,” as defined in § 679.2: (A) That owned a vessel that made legal landings of halibut or sablefish, harvested with fixed gear, from any IFQ regulatory area in any QS qualifying year; or (B) That leased a vessel that made legal landings of halibut or sablefish, harvested with fixed gear, from any IFQ regulatory area in any QS qualifying year. A person who owns a vessel cannot be a qualified person based on the legal fixed gear landings of halibut or sablefish made by a person who leased the vessel for the duration of the lease. (C) Who is a citizen of the United States at the time of application for QS. (D) Who is a corporation, partnership, association, or other non-individual entity that would have qualified to document a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. (ii) … | ||||
| 50:50:13.0.1.1.3.4.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.41 Transfer of quota shares and IFQ. | FWS | [61 FR 31230, June 19, 1996] | (a) General. (1) Except as provided in paragraph (a)(2) of this section, transfer of QS or IFQ means any transaction requiring QS, or the use thereof in the form of IFQ, to pass from one person to another, permanently or for a fixed period of time. (2) Transactions requiring IFQ permits to be issued in the name of a hired master employed by an individual or a corporation are not transfers of QS or IFQ. (3) Any transaction involving a transfer between IFQ and guided angler fish (GAF), as defined in § 300.61 of this title, is governed by regulations in § 300.65(c) of this title. (b) Transfer procedure —(1) Application for transfer. An Application for Transfer of QS/IFQ (Application for Transfer) must be approved by the Regional Administrator before a person may use IFQ to harvest IFQ halibut or IFQ sablefish, whether the IFQ was the result of a direct transfer or the result of a QS transfer. An Application for Transfer will not be approved until the Regional Administrator has reviewed and approved the transfer agreement signed by the parties to the transaction. The Regional Administrator shall provide an Application for Transfer form to any person on request. Persons who submit an Application for Transfer to the Regional Administrator for approval will receive notification of the Regional Administrator's decision to approve or disapprove the Application for Transfer, and, if applicable, the reason(s) for disapproval, by mail posted on the date of that decision, unless another communication mode is requested on the Application for Transfer. (2) QS or IFQ accounts. QS or IFQ accounts affected by an Application for Transfer approved by the Regional Administrator will change on the date of approval. Any necessary IFQ permits will be sent with the notification of the Regional Administrator's decision. (c) Application for Transfer approval criteria. Except as provided in paragraph (f) of this section, an Application for Transfer will not be approved until the Regional Administrator has determined that: (1)… | ||||
| 50:50:13.0.1.1.3.4.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.42 Limitations on use of QS and IFQ. | FWS | [61 FR 31230, June 19, 1996] | (a) IFQ regulatory area and vessel category. (1) The QS or IFQ specified for one IFQ regulatory area must not be used in a different IFQ regulatory area, except for the following: (i) All or part of the QS and IFQ specified for regulatory area 4C may be harvested in either Area 4C or Area 4D. (ii) All or part of the halibut CDQ specified for regulatory area 4D may be harvested in either Area 4D or Area 4E. (iii) If a CDQ group is authorized to receive a transfer of halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory area 4D as specified in § 679.41(o) of this part, all or part of the halibut IFQ specified for regulatory area 4D that is held by or transferred to a CDQ group may be harvested in either Area 4D or Area 4E. (2) The QS or IFQ assigned to one vessel category must not be used to harvest IFQ species on a vessel of a different vessel category, except: (i) As provided in § 679.41(i)(1) of this part (CDQ compensation QS exemption); (ii) IFQ derived from QS held by a CQE may be used to harvest IFQ species from a vessel of any length, with the exception of IFQ derived from QS in IFQ regulatory areas 3A and 4B that are assigned to vessel category D. (A) Halibut IFQ derived from QS assigned to vessel category D in Area 3A that is held by a CQE located in Area 3A may be used to harvest IFQ halibut on a vessel less than or equal to 60 ft (18.3 m) LOA from August 15 to the end of the IFQ fishing season. (B) [Reserved] (iii) In IFQ regulatory areas 3B, 4B, and 4C, category D QS and associated IFQ authorizes an IFQ permit holder to harvest IFQ halibut on a vessel less than or equal to 60 ft (18.3 m) LOA. (iv) Halibut IFQ assigned to vessel category B, C, or D held by a CDQ group may not be used on a vessel over 51 feet LOA, irrespective of the vessel category assigned to the IFQ. (v) In IFQ regulatory areas 2C and 3A, RFQ held by an RQE may be harvested aboard charter vessels as defined at 50 CFR 300.61 of any size, regardless of the QS category from which that RFQ originated. (b) Ge… | ||||
| 50:50:13.0.1.1.3.4.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.43 Determinations and appeals. | FWS | [61 FR 31230, June 19, 1996, as amended at 62 FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1, 1998; 63 FR 64879, Nov. 24, 1998; 65 FR 78118, Dec. 14, 2000; 66 FR 27911, May 21, 2001; 67 FR 4148, Jan. 28, 2002; 67 FR 64317, Oct. 18, 2002; 67 FR 72611, Dec. 6, 2002; 68 FR 44487, July 29, 2003; 70 FR 10238, Mar. 2, 2005; 70 FR 16754, Apr. 1, 2005; 77 FR 6501, Feb. 8, 2012; 85 FR 8481, Feb. 14, 2020] | (a) General. This section describes the procedure for appealing initial administrative determinations made in this title under parts 300, 679, 680, and subpart E of part 300 of this chapter. (b) Who may appeal. Any person whose interest is directly and adversely affected by an initial administrative determination may file a written appeal. For purposes of this section, such persons will be referred to as “applicant” or “appellant.” (c) Submission of appeals. An appeal to an initial administrative determination must be submitted under the appeals procedure set out at 15 CFR part 906. (d) Timing of appeals. (1) If an applicant appeals an initial administrative determination, the appeal must be filed not later than 60 days after the date the determination is issued. (2) The time period within which an appeal may be filed begins to run on the date the initial administrative determination is issued. If the last day of the time period is a Saturday, Sunday, or Federal holiday, the time period will extend to the close of business on the next business day. (e) Address of record. General —NMFS will establish as the address of record the address used by the applicant in initial correspondence to NMFS concerning the application. Notifications of all actions affecting the applicant after establishing an address of record will be mailed to that address, unless the applicant provides NMFS, in writing, with any changes to that address. NMFS bears no responsibility if a notification is sent to the address of record and is not received because the applicant's actual address has changed without notification to NMFS. (f) Statement of reasons for appeals. Applicants must timely submit a full written statement in support of the appeal, including a concise statement of the reasons the initial administrative determination has a direct and adverse effect on the applicant and should be reversed or modified. If the applicant requests a hearing on any issue presented in the appeal, such request for hearing must be accomp… | ||||
| 50:50:13.0.1.1.3.4.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.44 Penalties. | FWS | Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Act or Halibut Act, or any regulation issued under the Magnuson-Stevens Act or Halibut Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act or Halibut Act, to part 600 of this chapter, to 15 CFR part 904 (Civil Procedures), and to other applicable law. Penalties include but are not limited to permanent or temporary sanctions to QS and associated IFQ. | |||||
| 50:50:13.0.1.1.3.4.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.45 IFQ cost recovery program. | FWS | [65 FR 14924, Mar. 20, 2000, as amended at 67 FR 4133, Jan. 28, 2002; 71 FR 44232, Aug. 4, 2006; 76 FR 40633, July 11, 2011; 78 FR 75893, Dec. 12, 2013; 81 FR 23649, Apr. 22, 2016; 83 FR 47833, Sept. 21, 2018] | (a) Cost recovery fees —(1) Responsibility. An IFQ permit holder is responsible for cost recovery fees for landings of his or her IFQ halibut and sablefish, including any halibut landed as guided angler fish (GAF), as defined in § 300.61 of this title, derived from his or her IFQ accounts. An RQE is responsible for cost recovery fees for all RFQ issued to the RQE. An IFQ permit holder or RQE must comply with the requirements of this section. (2) IFQ Fee Liability Determination —(i) General. IFQ fee liability means a cost recovery liability based on either the value of all landed IFQ and GAF derived from the permit holder's IFQ permit(s), or the value of all RFQ issued to an RQE. (A) Each year, the Regional Administrator will issue each IFQ permit holder a summary of his or her IFQ equivalent pounds landed as IFQ and GAF and will issue an RQE a summary of its RFQ pounds issued as part of the IFQ Landing and Estimated Fee Liability page described at § 679.5(l)(7)(ii)(D). (B) The summary will include information on IFQ and GAF landings and an estimated IFQ fee liability using the IFQ standard ex-vessel value for IFQ and GAF landings. For fee purposes: ( 1 ) Landings of GAF in IFQ regulatory area 2C or 3A are converted to IFQ equivalent pounds and assessed at the IFQ regulatory area 2C or 3A IFQ standard ex-vessel value. ( 2 ) GAF that is returned to the IFQ permit holder's account pursuant to § 300.65(c) of this title, and subsequently landed as IFQ during the IFQ fishing year, is included in the IFQ fee liability and subject to fee assessment as IFQ equivalent pounds. ( 3 ) All RFQ issued to an RQE in IFQ regulatory area 2C or 3A will be assessed at the IFQ regulatory area 2C or 3A IFQ standard ex-vessel value. (C) The IFQ permit holder must either accept NMFS' estimate of the IFQ fee liability or revise NMFS' estimate of the IFQ fee liability using the IFQ Permit Holder Fee Submission Form described at § 679.5(l)(7)(ii), except that the standard ex-vessel value used to determine the fee liability for … | ||||
| 50:50:13.0.1.1.3.4.1.7 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | D | Subpart D—Individual Fishing Quota Management Measures | § 679.46 Recreational Quota Entity (RQE) Program fee collection. | FWS | [90 FR 29791, July 7, 2025] | (a) Fee collection —(1) Charter halibut stamp. A charter halibut stamp is required for charter vessel anglers, 18 years of age or older, for each charter vessel fishing trip in a given calendar day, or each calendar day during a charter vessel fishing trip that spans multiple days, that the charter vessel angler intends to catch and retain halibut on a charter vessel in IPHC regulatory area 2C or 3A, unless that charter vessel angler retains halibut as Guided Angler Fish, as described at 50 CFR 300.65 of this title, on days that are otherwise closed to halibut retention by the annual management measures published pursuant to 50 CFR 300.62 of this title. This includes charter vessel anglers on charter vessels operated under a charter halibut permit, community charter halibut permit, or military charter halibut permit issued pursuant to 50 CFR 300.67 of this title. A charter halibut permit holder is responsible for purchasing the required number of charter halibut stamps and for complying with all other requirements of this section. The required number of charter halibut stamps is equal to or greater than the number of charter halibut stamp validations (as defined at § 679.2) performed in a given fishing year for each charter halibut permit, community charter halibut permit, or military charter halibut permit. (i) Validation of stamps. After determining the number of charter halibut stamps required under this paragraph (a)(1), the charter vessel guide must perform a charter halibut stamp validation as defined at § 679.2 before the charter vessel fishing trip begins, or prior to first deployment of fishing gear on each calendar day of a charter vessel fishing trip that spans multiple days. (ii) Duration of validation. The charter halibut stamp that has received a charter halibut stamp validation, as defined at § 679.2, is in effect from the time, A.l.t, that it is validated until 2400 hours, A.l.t., the same day. For the purposes of charter halibut stamp validation, if a charter vessel fishing trip lasts mo… | ||||
| 50:50:13.0.1.1.3.5.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.50 Applicability. | FWS | [77 FR 70091, Nov. 21, 2012, as amended at 83 FR 30532, June 29, 2018] | (a) General. (1) The operator of a vessel designated or required to be designated on a Federal fisheries permit (FFP) under § 679.4(b); the operator of a processor designated or required to be designated on a Federal processor permit (FPP) under § 679.4(f)(1) or a Registered Buyer permit under § 679.4(d)(3); and the operator of a vessel used to harvest IFQ halibut, CDQ halibut, or IFQ sablefish must comply with this subpart. The owner of a vessel or a shoreside processor must ensure that the operator or manager complies with this subpart. (2) Exceptions. A catcher vessel is not subject to the requirements of this subpart when delivering unsorted codends to a mothership. (3) For purposes of this subpart, halibut means CDQ and IFQ halibut. (b) [Reserved] | ||||
| 50:50:13.0.1.1.3.5.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.51 Observer and Electronic Monitoring System requirements for vessels and plants. | FWS | [77 FR 70091, Nov. 21, 2012, as amended at 79 FR 54601, Sept. 12, 2014; 81 FR 26745, May 4, 2016; 81 FR 37556, June 10, 2016; 81 FR 67117, Sept. 30, 2016; 81 FR 70607, Oct. 13, 2016; 81 FR 95457, Dec. 28, 2016; 82 FR 37002, Aug. 8, 2017; 83 FR 30532, 30533, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 85 FR 850, Jan. 8, 2020; 88 FR 53734, Aug. 8, 2023; 88 FR 77231, Nov. 9, 2023; 89 FR 60812, July 29, 2024; 89 FR 66637, Aug. 16, 2024] | (a) Observer requirements for vessels —(1) Groundfish and halibut fishery partial coverage category —(i) Vessel classes in partial coverage category. Unless otherwise specified in paragraph (a)(2) of this section, the following catcher vessels and catcher/processors are in the partial coverage category when fishing for halibut or when directed fishing for groundfish in a federally managed or parallel groundfish fishery, as defined at § 679.2: (A) A catcher vessel designated on an FFP under § 679.4(b)(1); (B) A catcher vessel when fishing for halibut while carrying a person named on a permit issued under § 679.4(d)(1)(i), (d)(2)(i), or (e)(2), or for IFQ sablefish, as defined at § 679.2, while carrying a person named on a permit issued under § 679.4(d)(1)(i) or (d)(2)(i); or (C) A catcher/processor placed in the partial coverage category under paragraph (a)(3) of this section; or (D) A catcher vessel less than or equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing under § 679.32(c)(3)(iii). (ii) Registration and notification of observer deployment. The Observer Declare and Deploy System (ODDS) is the communication platform for the partial coverage category by which NMFS receives information about fishing plans subject to randomized observer deployment. Vessel operators provide fishing plan and contact information to NMFS and receive instructions through ODDS for coordinating with an observer provider for any required observer coverage. Access to ODDS is available through the NMFS Alaska Region website (A) Registration. NMFS will enter information into ODDS about all partial coverage category vessels that are designated on an FFP and all catcher vessels that are not designated on an FFP but that landed sablefish IFQ or halibut IFQ or CDQ in the previous or current year. Owners or operators are not responsible for initial registration of their vessel in ODDS. (B) Notification. Upon entry into ODDS, NMFS will notify the owner or operator of his or her vessel's selection pool. Owne… | ||||
| 50:50:13.0.1.1.3.5.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.52 Observer provider permitting and responsibilities. | FWS | [77 FR 70096, Nov. 21, 2012, as amended at 81 FR 67118, Sept. 30, 2016; 83 FR 30533, June 29, 2018; 87 FR 54910, Sept. 8, 2022; 89 FR 60814, July 29, 2024] | (a) Observer provider permit —(1) Permit. The Regional Administrator may issue a permit authorizing a person's participation as an observer provider for operations requiring full observer coverage per § 679.51(a)(2) and (b)(2). Persons seeking to provide observer services under this section must obtain an observer provider permit from NMFS. (2) New observer provider. An applicant seeking an observer provider permit must submit a completed application by fax or mail to the Observer Program at the address listed at § 679.51(c)(3). (3) Contents of application. An application for an observer provider permit shall consist of a narrative that contains the following: (i) Identification of the management, organizational structure, and ownership structure of the applicant's business, including identification by name and general function of all controlling management interests in the company, including but not limited to owners, board members, officers, authorized agents, and other employees. If the applicant is a corporation, the articles of incorporation must be provided. If the applicant is a partnership, the partnership agreement must be provided. (ii) Contact information —(A) Owner(s) information. The permanent mailing address, phone and fax numbers where the owner(s) can be contacted for official correspondence. (B) Business information. Current physical location, business mailing address, business telephone and fax numbers, and business email address for each office. (C) Authorized agent. For an observer provider with ownership based outside the United States, identify an authorized agent and provide contact information for that agent including mailing address and phone and fax numbers where the agent can be contacted for official correspondence. An authorized agent 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 or employee of an observer provider. Any diplomatic official accept… | ||||
| 50:50:13.0.1.1.3.5.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.53 Observer certification and responsibilities. | FWS | [77 FR 70099, Nov. 21, 2012, as amended at 81 FR 67118, Sept. 30, 2016; 83 FR 30532, 30533, June 29, 2018; 88 FR 77231, Nov. 9, 2023] | (a) Observer certification —(1) Applicability. Observer certification authorizes an individual to fulfill duties for operations requiring full observer coverage per § 679.51(a)(2) and (b)(2) as specified in writing by the NMFS Observer Program while under the employ of an observer provider permitted under § 679.52(a) and according to certification endorsements as designated under paragraph (a)(5) of this section. (2) Observer certification official. The Regional Administrator will designate a NMFS observer certification official who will make decisions for the Observer Program on whether to issue or deny observer certification. (3) Certification requirements. NMFS may certify an individual who, in addition to any other relevant considerations: (i) Is employed by a permitted observer provider company at the time of the issuance of the certification; (ii) Has provided, through their observer provider: (A) Information identified by NMFS at § 679.52(b)(11)(i)(A)( 3 ) and ( 4 ) and in writing from the Observer Program; and (B) Information identified by NMFS at § 679.52(b)(11)(iii) regarding the observer candidate's health and physical fitness for the job; (iii) Meet all education and health standards as specified in § 679.52(b)(1)(i) and § 679.52(b)(11)(iii), respectively; (iv) Has successfully completed a NMFS-approved training as prescribed by the Observer Program. (A) Successful completion of training by an observer applicant consists of meeting all attendance and conduct standards issued in writing at the start of training; meeting all performance standards issued in writing at the start of training for assignments, tests, and other evaluation tools; and completing all other training requirements established by the Observer Program. (B) If a candidate fails training, he or she will be orally notified of the unsatisfactory status of his or her training on or before the last day of training. Within 10 business days of the oral notification, the Observer Program will notify the observer candidate in … | ||||
| 50:50:13.0.1.1.3.5.1.5 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.54 Release of observer data to the public. | FWS | [77 FR 70101, Nov. 21, 2012] | (a) Summary of weekly data. The following information collected by observers for each catcher/processor and catcher vessel during any weekly reporting period may be made available to the public: (1) Vessel name and Federal permit number. (2) Number of Chinook salmon and “other salmon” observed. (3) The ratio of total round weight of incidentally caught halibut or Pacific herring to the total round weight of groundfish in sampled catch. (4) The ratio of number of king crab or C. bairdi Tanner crab to the total round weight of groundfish in sampled hauls. (5) The number of observed trawl hauls or fixed gear sets. (6) The number of trawl hauls that were basket sampled. (7) The total weight of basket samples taken from sampled trawl hauls. (b) Haul-specific data. (1) The information listed in paragraphs (b)(1)(i) through (xiii) of this section and collected by observers from observed hauls on board vessels using trawl gear to participate in a directed fishery for groundfish other than rockfish, Greenland turbot, or Atka mackerel may be made available to the public: (i) Date. (ii) Time of day gear is deployed. (iii) Latitude and longitude at beginning of haul. (iv) Bottom depth. (v) Fishing depth of trawl. (vi) The ratio of the number of Chinook salmon to the total round weight of groundfish. (vii) The ratio of the number of other salmon to the total round weight of groundfish. (viii) The ratio of total round weight of incidentally caught halibut to the total round weight of groundfish. (ix) The ratio of total round weight of herring to the total round weight of groundfish. (x) The ratio of the number of king crab to the total round weight of groundfish. (xi) The ratio of the number of C. bairdi Tanner crab to the total round weight of groundfish. (xii) Sea surface temperature (where available). (xiii) Sea temperature at fishing depth of trawl (where available). (2) The identity of the vessels from which the data in paragraph (b)(1) of this section are collected will not be released. (c)… | ||||
| 50:50:13.0.1.1.3.5.1.6 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.55 Observer fees. | FWS | [77 FR 70102, Nov. 21, 2012, as amended at 81 FR 17411, Mar. 29, 2016; 85 FR 41427, July 10, 2020] | (a) Responsibility. The owner of a shoreside processor or stationary floating processor named on a Federal Processing Permit (FPP), a catcher/processor named on a Federal Fisheries Permit (FFP), or a person named on a Registered Buyer permit at the time of the landing subject to the observer fee as specified at § 679.55(c) must comply with the requirements of this section. Subsequent non-renewal of an FPP, FFP, or a Registered Buyer permit does not affect the permit holder's liability for noncompliance with this section. (b) Observer fee liability determination. After each fishing year, the Regional Administrator will mail an observer fee liability invoice to each permit holder specified in paragraph (a) of this section for landings of groundfish and halibut subject to the observer fee. The observer fee liability invoice will provide a summary of the round pounds of groundfish and headed-and-gutted weight for halibut landed during the previous fishing year for each permit by species, landing port or port-group, and gear category. The total fee liability for each permit holder will be determined by applying the observer fee percentage in paragraph (f) of this section to the ex-vessel value of the groundfish and halibut landings subject to the observer fee. The method for determining the ex-vessel value of the groundfish and halibut landings subject to the observer fee is provided in paragraph (e) of this section. The fee liability will be assessed on the groundfish round weight and the headed-and-gutted weight for halibut. (c) Landings subject to the observer fee. The observer fee is assessed on landings by vessels not in the full observer coverage category described at § 679.51(a)(2) according to the following table: (d) Standard ex-vessel prices —(1) General. NMFS will publish the standard ex-vessel prices used to determine the observer fee in the upcoming year in the Federal Register during the last quarter of each calendar year. The standard ex-vessel prices will be described in U.S. dollars per … | ||||
| 50:50:13.0.1.1.3.5.1.7 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.56 Full coverage trawl Electronic Monitoring category fee. | FWS | [89 FR 60815, July 29, 2024] | (a) Full coverage trawl electronic monitoring (EM) category fee —(1) Responsibility. The owner of a catcher vessel in the full coverage trawl EM category must comply with the requirements of this section. Subsequent opting out of the trawl EM category does not affect the FFP permit holder's liability for paying the full coverage trawl EM category fee for any fishing year in which the vessel was approved to be in the full coverage trawl EM category and made pollock landings. Subsequent transfer of an AFA catcher vessel or AFA permit does not affect the catcher vessel owner's liability for non-compliance with this section. (2) Landings subject to the observer fee. The full coverage trawl EM fee is assessed on pollock landings by catcher vessels in the full coverage trawl EM category as specified in § 679.51(g). (3) Fee collection. The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) is responsible for paying the full coverage trawl EM fee for all pollock landings. (4) Payment. —(i) Payment due date. The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) must submit all full coverage trawl EM fee payments to NMFS no later than May 31 of the fishing year following the year in which the pollock landings occurred. (ii) Payment recipient and method. The owner of a catcher vessel (as identified under paragraph (a)(1) of this section) must submit payment and related documents as instructed on the fee submission form. Payments must be made electronically through the NMFS Alaska Region website. Instructions for electronic payment will be made available on both the payment website and a fee liability summary letter mailed to each permit holder. (b) Full coverage standard ex-vessel value determination and use. NMFS will use the standard prices calculated for AFA cost recovery per § 679.66(b). (c) Full coverage fee percentages. —(1) Established percentages. The trawl EM fee percentage is the amount as determined by the factors and methodology … | ||||
| 50:50:13.0.1.1.3.5.1.8 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | E | Subpart E—North Pacific Observer Program | § 679.57 Trawl EM incentive plan agreements. | FWS | [89 FR 60815, July 29, 2024] | (a) Parties to a trawl EM Incentive Plan Agreement (TEM IPA) —(1) TEM IPA. A catcher vessel owner or operator must be a party to a TEM IPA to be approved for the trawl EM partial coverage category. (2) Compliance. Once a party to a TEM IPA, a catcher vessel owner or operator cannot withdraw from the TEM IPA and must comply with the terms of the TEM IPA for the duration of the fishing year. (b) Request for approval of a proposed TEM IPA. The TEM IPA representative must submit a proposed TEM IPA to NMFS. The proposed TEM IPA must contain the following information: (1) Affidavit. The TEM IPA must include an affidavit affirming that each party to the TEM IPA is subject to the same terms and conditions. (2) Name of the TEM IPA —(3) Representative. The TEM IPA must include the name, telephone number, and email address of the TEM IPA representative who is responsible for submitting the proposed TEM IPA on behalf of the TEM IPA parties, any proposed amendments to the TEM IPA, and the annual report required under paragraph (f) of this section. (4) Incentive plan. The TEM IPA must contain provisions that address or contain the following: (i) Restrictions, penalties, or performance criteria that will limit changes in fishing behavior. (ii) Incentive measures to discourage catcher vessels from harvesting pollock catch in excess of 300,000 (136 mt) pounds during a fishing trip, on average in the GOA, and an explanation of how the incentive(s) encourage vessel operators to limit harvest in excess of 300,000 (136 mt) pounds of pollock per fishing trip in the GOA. (iii) Incentive measures to prevent catcher vessels from exceeding the MRAs established in § 679.21(e) and how the incentives encourage vessel operators to avoid bycatch and avoid exceeding the maximum retainable amounts established in § 679.20(e). (iv) Acknowledgment by the parties that NMFS will disclose to the public their vessels' performance under the TEM IPA and any restrictions, penalties, or performance criteria imposed under the TEM IPA … | ||||
| 50:50:13.0.1.1.3.6.1.1 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | F | Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures | § 679.60 Authority and related regulations. | FWS | [70 FR 9867, Mar. 1, 2005] | (a) Regulations under this subpart were developed by the National Marine Fisheries Service and the North Pacific Fishery Management Council to implement the American Fisheries Act (AFA) (Div. C, Title II, Subtitle II, Public Law 105-277, 112 Stat. 2681 (1998)) and the Consolidated Appropriations Act of 2004 (Public Law 108-199, Sec. 803). Additional regulations in this part that implement specific provisions of the AFA and Consolidated Appropriations Act of 2004 are set out at §§ 679.2 Definitions, 679.4 Permits, 679.5 Recordkeeping and reporting (R &R), 679.7 Prohibitions, 679.20 General limitations, 679.21 Prohibited species bycatch management, 679.28 Equipment and operational requirements, 679.31 CDQ reserves, and 679.50 Groundfish Observer Program. (b) Regulations developed by the Department of Transportation to implement provisions of the AFA are found at 46 CFR part 356. | ||||
| 50:50:13.0.1.1.3.6.1.2 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | F | Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures | § 679.61 Formation and operation of fishery cooperatives. | FWS | [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 70 FR 9868, Mar. 1, 2005; 72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15, 2008; 75 FR 53069, Aug. 30, 2010; 76 FR 12886, Mar. 9, 2011; 81 FR 168, Jan. 5, 2016] | (a) Who is liable for violations by a fishery cooperative and cooperative members? A fishery cooperative must comply with the provisions of this section. The owners and operators of vessels that are members of a fishery cooperative, including vessels under contract to a cooperative, are responsible for ensuring that the fishery cooperative complies with the directed fishing, sideboard closures, PSC limits and other allocations and restrictions that are applicable to the fishery cooperative. The owners and operators of vessels that are members of a fishery cooperative, including vessels under contract to a cooperative, are responsible for ensuring that all fishery cooperative members comply with the directed fishing, sideboard closures, PSC limits and other allocations and restrictions that are applicable to the fishery cooperative. (b) Who must comply this section? Any fishery cooperative formed under section 1 of the Fisherman's Collective Marketing Act 1934 (15 U.S.C. 521) for the purpose of cooperatively managing directed fishing for BS subarea pollock must comply with the provisions of this section. The owners and operators of all the member vessels that are signatories to a fishery cooperative are jointly and severally responsible for compliance with the requirements of this section. (c) Designated representative and agent for service of process. Each cooperative must appoint a designated representative and agent for service of process and must ensure that the cooperative's designated representative and agent for service of process comply with the regulations in this part. (1) What is a designated representative? The designated representative is the primary contact person for NMFS on issues relating to the operation of the cooperative. Any cooperative formed under this section must appoint a designated representative to fulfill regulatory requirements on behalf of the cooperative including, but not limited to, filing of cooperative contracts, filing of annual reports, submitting all cost recovery … | ||||
| 50:50:13.0.1.1.3.6.1.3 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | F | Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures | § 679.62 Inshore sector cooperative allocation program. | FWS | [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 69 FR 64688, Nov. 8, 2004; 70 FR 9868, Mar. 1, 2005; 79 FR 54602, Sept. 12, 2014; 84 FR 2728, Feb. 8, 2019] | (a) How will inshore sector cooperative allocations be made? An inshore catcher vessel cooperative that applies for and receives an AFA inshore cooperative fishing permit under § 679.4(l)(6) will receive a sub-allocation of the annual BS subarea inshore sector directed fishing allowance. Each inshore cooperative's annual allocation amount(s) will be determined using the following procedure: (1) Determination of individual vessel catch histories. The Regional Administrator will calculate an official AFA inshore cooperative catch history for every inshore-sector endorsed AFA catcher vessel according to the following steps: (i) Determination of annual landings. For each year from 1995 through 1997 the Regional Administrator will determine each vessel's total non-CDQ inshore pollock landings from the Bering Sea Subarea and Aleutian Islands Subarea separately, except for the F/V PROVIDIAN (USCG documentation number 1062183). (ii) Determination of annual landings for the F/V PROVIDIAN. For the F/V PROVIDIAN, pursuant to Public Law 106-562, the Regional Administrator will substitute the 1992 through 1994 total Bering Sea subarea and Aleutian Islands subarea pollock non-CDQ inshore landings made by the F/V OCEAN SPRAY (USCG documentation number 517100 for the purpose of determining annual cooperative quota share percentage. (iii) Offshore compensation. If a catcher vessel made a total of 500 or more mt of landings of non-CDQ Bering Sea Subarea pollock or Aleutian Islands Subarea pollock to catcher/processors or offshore motherships other than the EXCELLENCE (USCG documentation number 967502); GOLDEN ALASKA (USCG documentation number 651041); or OCEAN PHOENIX (USCG documentation number 296779) over the 3-year period from 1995 through 1997, then all non-CDQ offshore pollock landings made by that vessel during from 1995 through 1997 will be added to the vessel's inshore catch history by year and subarea. (iv) Best two out of three years. After steps (a)(1)(i) and (ii) of this section are completed, the 2 ye… | ||||
| 50:50:13.0.1.1.3.6.1.4 | 50 | Wildlife and Fisheries | VI | 679 | PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA | F | Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures | § 679.63 Catch weighing requirements for vessels and processors. | FWS | [67 FR 79734, Dec. 30, 2002, as amended at 79 FR 54602, Sept. 12, 2014; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023] | (a) What are the requirements for listed AFA catcher/processors and AFA motherships? —(1) Catch weighing. All groundfish landed by listed AFA catcher/processors or received by AFA motherships must be weighed on a NMFS-certified scale and made available for sampling by a NMFS certified observer. The owner and operator of a listed AFA catcher/processor or an AFA mothership must ensure that the vessel is in compliance with the scale requirements described at § 679.28(b), that each groundfish haul is weighed separately, and that no sorting of catch, except halibut sorted on deck by vessels participating in the halibut deck sorting described at § 679.102, takes place prior to weighing. (2) Observer sampling station. The owner and operator of a listed AFA catcher/processor or AFA mothership must provide an observer sampling station as described at § 679.28(d) and must ensure that the vessel operator complies with the observer sampling station requirements described at § 679.28(d) at all times that the vessel harvests groundfish or receives deliveries of groundfish harvested in the BSAI or GOA. (b) What are the requirements for unlisted AFA catcher/processors? The owner or operator of an unlisted AFA catcher/processor must comply with the catch weighing and observer sampling station requirements set out in paragraph (a) of this section at all times the vessel is engaged in directed fishing for pollock in the BSAI. (c) What are the requirements for AFA replacement vessels? The owner and operator of an AFA replacement vessel are subject to the catch weighing requirements and the observer sampling station requirements in paragraphs (a) and (b) of this section that applied to the owner and operator of the replaced vessel. (d) What are the requirements for AFA inshore processors? —(1) Catch weighing. All groundfish landed by AFA catcher vessels engaged in directed fishing for pollock in the BSAI must be sorted and weighed on a scale approved by the State of Alaska as described in § 679.28(c), and be made avai… |
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