(a) Sector and LLP license allocations of rockfish primary species--(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish primary species that will be assigned to participants in a rockfish cooperative. This amount will be assigned to rockfish cooperatives as described in paragraph (b) of this section.
(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish primary species that will be assigned to participants in a rockfish cooperative. This amount will be assigned to rockfish cooperatives as described in paragraph (b) of this section.
(2) Calculation. (i) The amount of rockfish primary species ``s'' allocated to the Rockfish Program is calculated by deducting the incidental catch allowance the Regional Administrator determines is required on an annual basis in other non-target fisheries from the TAC. The remaining TAC for that rockfish primary species (TACs) is assigned for use by the rockfish entry level longline fishery and rockfish cooperatives.
(i) The amount of rockfish primary species ``s'' allocated to the Rockfish Program is calculated by deducting the incidental catch allowance the Regional Administrator determines is required on an annual basis in other non-target fisheries from the TAC. The remaining TAC for that rockfish primary species (TACs) is assigned for use by the rockfish entry level longline fishery and rockfish cooperatives.
(ii) The allocation of TACs for each rockfish primary species to the rockfish entry level longline fishery is established in Table 28e to this part.
(iii) The allocation of TACs to rockfish cooperatives is equal to the amount remaining after allocation to the rockfish entry level longline fishery (cooperative TACs).
(b) Allocations of rockfish primary species CQ to rockfish cooperatives--(1) Rockfish primary species TACs assigned to the catcher/processor and catcher vessel sector. Cooperative TACs assigned for a rockfish primary species will be divided between the catcher/processor sector and the catcher vessel sector. Each sector will receive a percentage of cooperative TACs for each rockfish primary species equal to the sum of the rockfish QS units assigned to all LLP licenses that receive rockfish QS in that sector divided by the rockfish QS pool for that rockfish primary species. Expressed algebraically for each rockfish primary species ``s'' in paragraphs (b)(1)(i) and (ii) of this section:
(1) Rockfish primary species TACs assigned to the catcher/processor and catcher vessel sector. Cooperative TACs assigned for a rockfish primary species will be divided between the catcher/processor sector and the catcher vessel sector. Each sector will receive a percentage of cooperative TACs for each rockfish primary species equal to the sum of the rockfish QS units assigned to all LLP licenses that receive rockfish QS in that sector divided by the rockfish QS pool for that rockfish primary species. Expressed algebraically for each rockfish primary species ``s'' in paragraphs (b)(1)(i) and (ii) of this section:
(i) Catcher/Processor Sector TACs = [(Cooperative TACs) x (Rockfish QS Units in the Catcher/Processor Sectors/Rockfish QS Pools)].
(ii) Catcher Vessel Sector TACs = [(Cooperative TACs) x (Rockfish QS Units in the Catcher Vessel Sectors/Rockfish QS Pools)].
(2) Allocations of rockfish primary species to rockfish cooperatives. TAC is assigned to each rockfish cooperative based on the rockfish QS assigned to that fishery in each sector according to the following procedures:
(i) Catcher vessel sector rockfish cooperatives. The amount of TACs for each rockfish primary species assigned to a catcher vessel rockfish cooperative is equal to the amount of rockfish QS units assigned to that rockfish cooperative divided by the total rockfish QS assigned to rockfish cooperatives in the catcher vessel sector multiplied by the catcher vessel TACs. Once TACs for a rockfish primary species is assigned to a catcher vessel rockfish cooperative, it is issued as CQ specific to that rockfish cooperative. The amount of CQ for each rockfish primary species that is assigned to a rockfish cooperative is expressed algebraically as follows: CQs = [(Catcher Vessel Sector TACs) x (Rockfish QS assigned to that rockfish cooperatives/Rockfish QS Units assigned to all rockfish cooperatives in the Catcher Vessel Sectors)].
(ii) Catcher/processor sector rockfish cooperatives. The amount of TACs for each rockfish primary species assigned to a catcher/processor rockfish cooperative is equal to the amount of rockfish QS units assigned to that rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives in the catcher/processor sector multiplied by the catcher/processor TACs. Once TAC for a rockfish primary species is assigned to a catcher/processor rockfish cooperative, it is issued as CQ specific to that rockfish cooperative.
The amount of CQ for each rockfish primary species that is assigned to a rockfish cooperative is expressed algebraically as follows: CQ = [(Catcher/Processor Sector TACs) x (Rockfish QS Units assigned to that rockfish cooperative/Rockfish QS Units assigned to all rockfish cooperatives in the Catcher/Processor Sector)].
(c) Allocations of rockfish secondary species CQ to rockfish cooperatives--(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish secondary species that may be assigned to the rockfish cooperatives as rockfish CQ. This amount will be assigned to the rockfish cooperatives in the catcher/processor sector and the catcher vessel sector.
(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish secondary species that may be assigned to the rockfish cooperatives as rockfish CQ. This amount will be assigned to the rockfish cooperatives in the catcher/processor sector and the catcher vessel sector.
(2) Amount of rockfish secondary species tonnage assigned. The amount of rockfish secondary species tonnage that may be assigned to the catcher/processor sector and the catcher vessel sector is specified in Table 28c to this part.
(3) Assignment of rockfish secondary species. Rockfish secondary species will be assigned only to rockfish cooperatives.
(4) Determining the amount of rockfish secondary species CQ assigned to a rockfish cooperative. The amount of CQ for each rockfish secondary species that is assigned to each rockfish cooperative is determined according to the following procedures:
(i) CQ assigned to rockfish cooperatives in the catcher/processor sector. The CQ for a rockfish secondary species that is assigned to a catcher/processor rockfish cooperative is equal to the amount of that rockfish secondary species allocated to the catcher/processor sector in the Rockfish Program as specified in Table 28c to this part, multiplied by the sum of the rockfish QS units for all rockfish primary species assigned to that catcher/processor rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives for all rockfish primary species in the catcher/processor sector. Expressed algebraically in the following equation: CQ for that Secondary Species = Amount of that rockfish secondary
species allocated to the catcher/processor sector in the
Rockfish Program x ([Sigma] Rockfish QS units for all rockfish
primary species assigned to that rockfish cooperative/[Sigma]
Rockfish QS units for all rockfish primary species assigned to
all rockfish cooperatives in the catcher/processor sector).
(ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. The CQ for a rockfish secondary species that is assigned to a catcher vessel rockfish cooperative is equal to the amount of that rockfish secondary species allocated to the catcher vessel sector in the Rockfish Program as specified in Table 28c to this part, multiplied by the sum of the rockfish QS units for all rockfish primary species assigned to that catcher vessel rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives for all rockfish primary species in the catcher vessel sector. Expressed algebraically in the following equation: CQ for that Secondary Species = Amount of that rockfish secondary
species allocated to the catcher vessel sector in the Rockfish
Program x ([Sigma] Rockfish QS units for all rockfish primary
species assigned to that rockfish cooperative/[Sigma] Rockfish
QS units assigned to all rockfish cooperatives for all
rockfish primary species in the catcher vessel sector).
(d) Allocations of rockfish halibut PSC CQ to rockfish cooperatives--(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish halibut PSC that will be assigned to the Rockfish Program. This amount will be allocated appropriately to the catcher/processor sector and the catcher vessel sector. The tonnage of rockfish halibut PSC assigned to a sector will be further assigned as CQ only to rockfish cooperative(s) within that sector.
(1) General. Each calendar year, the Regional Administrator will determine the tonnage of rockfish halibut PSC that will be assigned to the Rockfish Program. This amount will be allocated appropriately to the catcher/processor sector and the catcher vessel sector. The tonnage of rockfish halibut PSC assigned to a sector will be further assigned as CQ only to rockfish cooperative(s) within that sector.
(2) Amount of halibut PSC that may be assigned. (i) The amount of halibut PSC that may be assigned to the catcher vessel and catcher/processor sectors is specified in Table 28d to this part.
(i) The amount of halibut PSC that may be assigned to the catcher vessel and catcher/processor sectors is specified in Table 28d to this part.
(ii) The amount of halibut PSC that is not assigned to the catcher vessel and catcher/processor sectors as specified in Table 28d to this part will not be assigned for use as halibut PSC or as halibut IFQ.
(3) Use of rockfish halibut PSC by a rockfish eligible harvester. (i) Rockfish halibut PSC assigned to a sector will be assigned only to rockfish cooperatives within that sector.
(i) Rockfish halibut PSC assigned to a sector will be assigned only to rockfish cooperatives within that sector.
(ii) Rockfish halibut PSC specified in Table 28d is not assigned to rockfish opt-out vessels.
(iii) Rockfish halibut PSC specified in Table 28d is not assigned to the rockfish entry level longline fishery.
(4) Determining the amount of rockfish halibut PSC CQ assigned to a rockfish cooperative. The amount of rockfish halibut PSC CQ that is assigned to each rockfish cooperative is determined according to the following procedures:
(i) CQ assigned to rockfish cooperatives in the catcher/processor sector. The CQ for halibut PSC that is assigned to a catcher/processor rockfish cooperative is equal to the amount of halibut PSC allocated to the catcher/processor sector in the Rockfish Program as specified in Table 28d to this part, multiplied by the sum of the rockfish QS units for all rockfish primary species assigned to that catcher/processor rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives for all rockfish primary species in the catcher/processor sector. This is expressed algebraically in the following equation: CQ for rockfish halibut PSC = Amount halibut PSC allocated to the
catcher/processor sector in the Rockfish Program x ([Sigma]
Rockfish QS units assigned to that rockfish cooperative/
[Sigma] Rockfish QS units assigned to all rockfish
cooperatives in the catcher/processor sector).
(ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. The CQ for halibut PSC that is assigned to a catcher vessel rockfish cooperative is equal to the amount of halibut PSC allocated to the catcher vessel sector in the Rockfish Program as specified in Table 28d to this part, multiplied by the sum of the rockfish QS units for all rockfish primary species assigned to that catcher vessel rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives for all rockfish primary species in the catcher vessel sector. This is expressed algebraically in the following equation: CQ for rockfish halibut PSC = Amount halibut PSC allocated to the
catcher vessel sector in the Rockfish Program x ([Sigma]
Rockfish QS units assigned to that rockfish cooperative/
[Sigma] Rockfish QS units assigned to all rockfish
cooperatives in the catcher vessel sector).
(e) Assigning rockfish QS to a rockfish cooperative--(1) General. Each calendar year, a person that is participating in the Rockfish Program may assign an LLP license and the rockfish QS assigned to that LLP license to a Rockfish cooperative. A rockfish eligible harvester assigns rockfish QS to a rockfish cooperative on a complete application for CQ that is approved by NMFS and that meets the requirements of paragraph (f) of this section.
(1) General. Each calendar year, a person that is participating in the Rockfish Program may assign an LLP license and the rockfish QS assigned to that LLP license to a Rockfish cooperative. A rockfish eligible harvester assigns rockfish QS to a rockfish cooperative on a complete application for CQ that is approved by NMFS and that meets the requirements of paragraph (f) of this section.
(i) An LLP license and rockfish QS may be assigned to a catcher vessel cooperative if that rockfish QS is derived from legal rockfish landings assigned to the catcher vessel sector.
(ii) An LLP license and rockfish QS may be assigned to a catcher/processor cooperative if that rockfish QS is derived from rockfish legal landings assigned to the catcher/processor sector.
(2) Catcher/Processor opt-out. Each calendar year, a person holding an LLP license assigned rockfish QS in the catcher/processor sector may opt-out of participating in a rockfish cooperative. NMFS will presume a person has opted-out of participating in a rockfish cooperative if that person and LLP license with rockfish QS is not named on a timely submitted Annual Application for Cooperative Fishing Quota. A person may not assign an LLP license assigned rockfish QS in the catcher/processor sector to both a rockfish cooperative and opt-out of participating in a rockfish cooperative.
(f) Annual Application for the Rockfish Program--(1) Application for Rockfish Cooperative Fishing Quota (CQ). If a designated rockfish cooperative representative submits a complete and timely application that is approved by NMFS, the cooperative will receive a CQ permit. The CQ permit will list the amount of CQ, by rockfish primary species, rockfish secondary species, and halibut PSC held by the rockfish cooperative, the members of the rockfish cooperative, LLP licenses assigned to that rockfish cooperative, and the vessels that are authorized to harvest fish under that CQ permit. This application may only be submitted to NMFS using the methods described on the application.
(1) Application for Rockfish Cooperative Fishing Quota (CQ). If a designated rockfish cooperative representative submits a complete and timely application that is approved by NMFS, the cooperative will receive a CQ permit. The CQ permit will list the amount of CQ, by rockfish primary species, rockfish secondary species, and halibut PSC held by the rockfish cooperative, the members of the rockfish cooperative, LLP licenses assigned to that rockfish cooperative, and the vessels that are authorized to harvest fish under that CQ permit. This application may only be submitted to NMFS using the methods described on the application.
(2) Application forms. Application forms are available on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, or by contacting NMFS at (800) 304-4846, Option 2.
(3) Deadline. (i) A completed application must be received by NMFS no later than 1700 hours, A.l.t., on March 15, 2012, for the first year of the program and March 1 for all subsequent years, or if sent by U.S. mail, the application must be postmarked by that time. For applications delivered by hand delivery or carrier only, the receiving date of signature by NMFS staff is the date the application was received. If the application is submitted by facsimile, the receiving date of the application is the date stamped received by NMFS.
(i) A completed application must be received by NMFS no later than 1700 hours, A.l.t., on March 15, 2012, for the first year of the program and March 1 for all subsequent years, or if sent by U.S. mail, the application must be postmarked by that time. For applications delivered by hand delivery or carrier only, the receiving date of signature by NMFS staff is the date the application was received. If the application is submitted by facsimile, the receiving date of the application is the date stamped received by NMFS.
(ii) Objective written evidence of timely application will be considered as proof of a timely application.
(4) Contents of the Application. A completed application must contain the information specified on the Application for Rockfish Cooperative Fishing Quota identifying the rockfish cooperative, members of the cooperative, and processor associate of a catcher vessel rockfish cooperative, with all applicable fields accurately filled-in and all required documentation attached.
(i) Additional documentation. For the cooperative application to be considered complete, the following documents must be attached to the application:
(A) A copy of the business license issued by the state in which the rockfish cooperative is registered as a business entity;
(B) A copy of the articles of incorporation or partnership agreement of the rockfish cooperative;
(C) Provide the names of all persons, to the individual level, holding an ownership interest in the LLP license and the percentage ownership each person and individual holds in the LLP license;
(D) A copy of the rockfish cooperative agreement signed by the members of the rockfish cooperative (if different from the articles of incorporation or partnership agreement of the rockfish cooperative) that includes terms that specify that:
(1) Rockfish QS holders affiliated with rockfish processors cannot participate in price setting negotiations except as permitted by general antitrust law;
(2) The rockfish cooperative must establish a monitoring program sufficient to ensure compliance with the Rockfish Program;
(3) The proposed fishing plan to be used by members of the cooperative, including any proposed cooperative specific monitoring procedures and any voluntary codes of conduct that apply to the members of the cooperative, if applicable; and
(4) Terms and conditions to specify the obligations of rockfish QS holders who are members of the rockfish cooperative to ensure the full payment of rockfish cost recovery fees that may be due.
(ii) Applicant signature and certification. The applicant, including the processor associate of the rockfish cooperative, must sign and date the application certifying that all information is true, correct, and complete to the best of his or her knowledge and belief. If the application is completed by a designated representative, then explicit authorization signed by the applicant must accompany the application.
(5) Issuance of CQ. NMFS will not issue a CQ permit if an application is not complete and approved by NMFS. Issuance by NMFS of a CQ permit is not a determination that the rockfish cooperative is formed or is operating in compliance with antitrust law.
(6) LLP licenses and rockfish QS not designated on a timely and complete application for rockfish CQ. NMFS will prohibit any LLP licenses with rockfish QS assigned to that LLP license from fishing in the directed rockfish primary fisheries in the Central GOA for a calendar year if that LLP license is not designated on a timely and complete application for CQ for that calendar year that is approved by NMFS. Rockfish sideboard provisions described in Sec. 679.82 shall apply to that LLP license, as applicable.
(g) Application for inter-cooperative transfer of cooperative quota (CQ)--(1) Completed application. NMFS will process an application for inter-cooperative transfer of CQ provided that an electronic online transfer application is completed by the transferor and transferee, with all applicable fields accurately filled-in.
(1) Completed application. NMFS will process an application for inter-cooperative transfer of CQ provided that an electronic online transfer application is completed by the transferor and transferee, with all applicable fields accurately filled-in.
(2) Certification of transferor. (i) The transferor's designated representative must log into NMFS' online system and create a transfer request as indicated on the computer screen. By using the transferor's NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete.
(i) The transferor's designated representative must log into NMFS' online system and create a transfer request as indicated on the computer screen. By using the transferor's NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete.
(ii) The transferee's designated representative must log into the online system and accept the transfer request. By using the transferee's NMFS ID, password, and Transfer Key, the designated representative certifies that all information is true, correct, and complete.
(h) Maximum retainable amount (MRA) limits--(1) Rockfish cooperative. A vessel assigned to a rockfish cooperative and fishing under a CQ permit may harvest groundfish species not allocated as CQ up to the amounts of the MRAs for those species as established in Table 30 to this part.
(1) Rockfish cooperative. A vessel assigned to a rockfish cooperative and fishing under a CQ permit may harvest groundfish species not allocated as CQ up to the amounts of the MRAs for those species as established in Table 30 to this part.
(2) Opt-out vessels. A rockfish eligible harvester who opted-out of participating in a rockfish cooperative is subject to MRAs for rockfish primary species and rockfish secondary species as established in Table 10 to this part.
(3) Rockfish entry level longline fishery. A person directed fishing in the rockfish entry level longline fishery may harvest groundfish species other than rockfish primary species up to amounts of the MRAs for those species as established in Table 10 to this part.
(4) Maximum retainable amount (MRA) calculation and limits--catcher vessels. (i) The MRA for an incidental catch species for vessels fishing under the authority of a CQ permit is calculated as a proportion of the total allocated rockfish primary species and rockfish secondary species on board the vessel in round weight equivalents using the retainable percentage in Table 30 to this part; except that--
(i) The MRA for an incidental catch species for vessels fishing under the authority of a CQ permit is calculated as a proportion of the total allocated rockfish primary species and rockfish secondary species on board the vessel in round weight equivalents using the retainable percentage in Table 30 to this part; except that--
(ii) Once the amount of shortraker rockfish harvested in the catcher vessel sector is equal to 9.72 percent of the shortraker rockfish TAC in the Central GOA regulatory area, then shortraker rockfish may not be retained by any participant in the catcher vessel sector while fishing under the authority of a CQ permit.
(5) Maximum retainable amount (MRA) calculation and limits--catcher/processor vessels. The MRA for an incidental catch species for vessels fishing under the authority of a CQ permit is calculated as a proportion of the total allocated rockfish primary species and rockfish secondary species on board the vessel in round weight equivalents using the retainable percentage in Table 30 to this part as determined under Sec. 679.20(e)(3)(iv).
(i) Rockfish cooperative--(1) General. This section governs the formation and operation of rockfish cooperatives. The regulations in this section apply only to rockfish cooperatives that have formed for the purpose of fishing with CQ issued annually by NMFS.
(1) General. This section governs the formation and operation of rockfish cooperatives. The regulations in this section apply only to rockfish cooperatives that have formed for the purpose of fishing with CQ issued annually by NMFS.
(i) Members of rockfish cooperatives should consult legal counsel before commencing any activity if the members are uncertain about the legality under the antitrust laws of the rockfish cooperative's proposed conduct.
(ii) Membership in a rockfish cooperative is voluntary. No person may be required to join a rockfish cooperative.
(iii) Members may leave a rockfish cooperative, but any CQ contributed by the rockfish QS held by that member remains assigned to that rockfish cooperative for the remainder of the calendar year.
(iv) An LLP license or vessel that has been assigned to a rockfish cooperative and that leaves the rockfish cooperative continues to be subject to the sideboard provisions established for that rockfish cooperative under Sec. 679.82(d) and (e), as applicable, for that calendar year.
(v) If a person becomes the holder of an LLP license that had been previously assigned to a rockfish cooperative, then that person may join that rockfish cooperative upon receipt of that LLP license, but may not assign that LLP license to another rockfish cooperative during that calendar year.
(2) Legal and organizational requirements. A rockfish cooperative must meet the following legal and organizational requirements before it is eligible to receive CQ:
(i) Each rockfish cooperative must be formed as a partnership, corporation, or other legal business entity that is registered under the laws of one of the 50 states or the District of Columbia;
(ii) Each rockfish cooperative must appoint an individual as designated representative to act on the rockfish cooperative's behalf and serve as contact point for NMFS for questions regarding the operation of the rockfish cooperative. The designated representative must be an individual, and may be a member of the rockfish cooperative, or some other individual designated by the rockfish cooperative;
(iii) Each rockfish cooperative must submit a complete and timely application for CQ.
(3) General requirements. The following table describes the requirements to form a rockfish cooperative in the catcher vessel or catcher/processor sector. ------------------------------------------------------------------------
Catcher vessel Catcher/processor
(i) Who may join a rockfish Only persons who hold rockfish QS may join
cooperative?. a rockfish cooperative.(ii) What is the minimum No minimum requirement.
number of LLP licenses that
must be assigned to form a
rockfish cooperative?------------------------------------------------------------------------(iii) Is an association with Yes, a rockfish QS No.
a rockfish processor holder may only be
required? a member of a
rockfish
cooperative formed
in association with
a rockfish
processor. The
rockfish
cooperative may not
receive rockfish CQ
unless a shoreside
processor eligible
to receive rockfish
CQ has indicated
that it may be
willing to receive
rockfish CQ from
that cooperative in
the application for
CQ, as described
under Sec.
679.81, that is
submitted by that
cooperative.------------------------------------------------------------------------(iv) Is a rockfish No.................. N/A.
cooperative member required
to deliver catch to the
rockfish processor with
whom the rockfish
cooperative is associated?------------------------------------------------------------------------(v) Is there a minimum No.................. No.
amount of rockfish QS that
must be assigned to a
rockfish cooperative for it
to be allowed to form?------------------------------------------------------------------------(vi) What is allocated to CQ for rockfish primary species, rockfish
the rockfish cooperative? secondary species, and rockfish halibut
PSC, based on the rockfish QS assigned to
all of the LLP licenses that are assigned
to the cooperative.------------------------------------------------------------------------(vii) Is this CQ an Yes, the members of the rockfish
exclusive harvest cooperative have an exclusive harvest
privilege?. privilege to collectively catch this CQ,
or a cooperative may transfer all or a
portion of this CQ to another rockfish
cooperative.------------------------------------------------------------------------(viii) Is there a season Yes, any vessel designated to catch CQ for
during which designated a rockfish cooperative is limited to
vessels may catch CQ? catching CQ during the season beginning
on 1200 hours, A.l.t., on May 1 through
1200 hours, A.l.t., on November 15.------------------------------------------------------------------------(ix) Can any vessel catch a No, only vessels that are named on the
rockfish cooperative's CQ? application for CQ for that rockfish
cooperative may catch the CQ assigned to
that rockfish cooperative. A vessel may
be assigned to only one rockfish
cooperative in a calendar year.------------------------------------------------------------------------(x) Can a member of a No, only the rockfish cooperative's
rockfish cooperative designated representative, and not
transfer CQ individually to individual members, may transfer its CQ
another rockfish to another rockfish cooperative. Any such
cooperative without the transfer must be approved by NMFS as
approval of the other established under paragraph (i)(4)(ii) of
members of the rockfish this section.
cooperative?------------------------------------------------------------------------
(xi) Can a rockfish N/A................. No, a sideboard
cooperative in the catcher/ limit assigned to a
processor sector transfer rockfish
its sideboard limit? cooperative in the
catcher/processor
sector is a limit
applicable to a
specific rockfish
cooperative, and
may not be
transferred between
rockfish
cooperatives.------------------------------------------------------------------------(xii) Is there a hired No, there is no hired master requirement.
master requirement?.------------------------------------------------------------------------(xiii) Can an LLP license be No, an LLP license may only be assigned to
assigned to more than one one rockfish cooperative in a calendar
rockfish cooperative in a year. A person holding multiple LLP
calendar year? licenses with associated rockfish QS may
assign different LLP licenses to
different rockfish cooperatives subject
to any other restrictions that may apply.------------------------------------------------------------------------(xiv) Can a rockfish Yes................. N/A.
processor be associated
with more than one rockfish
cooperative?------------------------------------------------------------------------(xv) Can an LLP license be N/A................. No, each calendar
assigned to a rockfish year an LLP license
cooperative and opt-out of must either be
participating in a rockfish assigned to a
cooperative? rockfish
cooperative or opt-
out.------------------------------------------------------------------------(xvi) Which members may That is determined by the rockfish
harvest the rockfish cooperative contract signed by its
cooperative's CQ? members. Any violations of this contract
by one cooperative member may be subject
to civil claims by other members of the
rockfish cooperative.------------------------------------------------------------------------(xvii) Does a rockfish Yes, a rockfish cooperative must have a
cooperative need a membership agreement or contract that
contract? specifies how the rockfish cooperative
intends to harvest its CQ. A copy of this
agreement or contract must be submitted
to NMFS with the cooperative's
application for CQ.------------------------------------------------------------------------(xviii) What happens if the A rockfish cooperative is not authorized
rockfish cooperative to catch fish in excess of its CQ and
exceeds its CQ amount? must not exceed its CQ amount at the end
of the calendar year. Exceeding a CQ is a
violation of the Rockfish Program
regulations. Each member of the rockfish
cooperative is jointly and severally
liable for any violations of the Rockfish
Program regulations while fishing under
authority of a CQ permit. This liability
extends to any persons who are hired to
catch or receive CQ assigned to a
rockfish cooperative. Each member of a
rockfish cooperative is responsible for
ensuring that all members of the rockfish
cooperative comply with all regulations
applicable to fishing under the Rockfish
Program.------------------------------------------------------------------------(xix) Is there a limit on Yes, see Sec. 679.82(a) for the
how much CQ a rockfish provisions that apply.
cooperative may hold or
use?------------------------------------------------------------------------(xx) Is there a limit on how Yes, see Sec. 679.82(a) for the
much CQ a vessel may provisions that apply.
harvest?------------------------------------------------------------------------(xxi) Is there a requirement Yes, see Sec. 679.85 for the provisions
that a rockfish cooperative that apply.
pay rockfish cost recovery
fees?------------------------------------------------------------------------(xxii) When does catch count Any vessel fishing checked-in (and
against my CQ permit? therefore fishing under the authority of
a CQ permit must count any catch of
rockfish primary species, rockfish
secondary species, or rockfish halibut
PSC against that rockfish cooperative's
CQ from May 1 until November 15, or until
the effective date of a rockfish
cooperative termination of fishing
declaration that has been approved by
NMFS).------------------------------------------------------------------------(xxiii) If my vessel is No. If you are fishing in a directed
checked-out and fishing in flatfish fishery and checked-out of the
a directed flatfish fishery Rockfish Program fisheries, you are not
in the Central GOA and I fishing under the authority of a CQ
catch groundfish and permit. Groundfish harvests would not be
halibut PSC, does that debited against the rockfish
count against the rockfish cooperative's CQ permit. In this case,
cooperative's CQ? any catch of halibut would be attributed
to the halibut PSC limit for that
directed target fishery and gear type and
any applicable sideboard limit.------------------------------------------------------------------------(xxiv) Can my rockfish The rockfish cooperatives formed under the
cooperative negotiate Rockfish Program are intended to conduct
prices for me? and coordinate harvest activities for
their members. Rockfish cooperatives
formed under the Rockfish Program are
subject to existing antitrust laws.
Collective price negotiation by a
rockfish cooperative must be conducted in
accordance with existing antitrust laws.------------------------------------------------------------------------(xxv) Are there any special Yes, each year a rockfish cooperative must
reporting requirements? submit an annual rockfish cooperative
report to NMFS by December 15 of that
year. See Sec. 679.5(r)(6) for the
reporting requirements.------------------------------------------------------------------------
(xxvi) What is required in The annual rockfish cooperative report
the annual rockfish must include at a minimum:
cooperative report?
(A) The rockfish cooperative's CQ,
sideboard limit (if applicable), and any
rockfish sideboard fishery harvests made
by the vessels in the rockfish
cooperative on a vessel-by-vessel basis;
(B) The rockfish cooperative's actual
retained and discarded catch of CQ, and
sideboard limit on an area-by-area and
vessel-by-vessel basis;
(C) A description of the method used by
the rockfish cooperative to monitor
fisheries in which rockfish cooperative
vessels participated; and
(D) A description of any civil actions
taken by the rockfish cooperative in
response to any members that exceeded
their allowed catch.------------------------------------------------------------------------
(4) Additional requirements--(i) Restrictions on fishing CQ assigned to a rockfish cooperative. A person fishing CQ assigned to a rockfish cooperative must maintain a copy of the CQ permit onboard any vessel that is being used to harvest any rockfish primary species, or rockfish secondary species, or that uses any rockfish halibut PSC CQ.
(i) Restrictions on fishing CQ assigned to a rockfish cooperative. A person fishing CQ assigned to a rockfish cooperative must maintain a copy of the CQ permit onboard any vessel that is being used to harvest any rockfish primary species, or rockfish secondary species, or that uses any rockfish halibut PSC CQ.
(ii) Transfer of CQ between rockfish cooperatives. Rockfish cooperatives may transfer CQ during a calendar year with the following restrictions:
(A) A rockfish cooperative may only transfer CQ to another rockfish cooperative;
(B) A rockfish cooperative may only receive CQ from another rockfish cooperative;
(C) A rockfish cooperative may transfer or receive rockfish CQ only if that cooperative has been assigned at least two LLP licenses with rockfish QS assigned to those LLP licenses;
(D) A rockfish cooperative in the catcher vessel sector may not transfer any CQ to a rockfish cooperative in the catcher/processor sector;
(E) A rockfish cooperative in the catcher/processor sector may not transfer any rougheye rockfish CQ or shortraker rockfish CQ to a rockfish cooperative in the catcher vessel sector.
(F) A rockfish cooperative receiving rockfish primary species CQ by transfer must assign that rockfish primary species CQ to a member(s) of the rockfish cooperative for the purposes of applying the use caps established under Sec. 679.82(a). NMFS will not approve a transfer if that member would exceed the use cap as a result of the transfer. Rockfish secondary species or halibut PSC CQ is not assigned to a specific member of a rockfish cooperative;
(G) A rockfish cooperative in the catcher/processor sector may not transfer any sideboard limit assigned to it; and
(H) After November 15 of the year for which the CQ permit is issued, or upon approval of a rockfish cooperative termination of fishing declaration described in Sec. 679.4(n)(2):
(1) A cooperative may only use rockfish primary species and rockfish secondary species CQ for transfer;
(2) A cooperative may not transfer halibut PSC CQ;
(5) Use of CQ. (i) A rockfish cooperative in the catcher vessel sector may not use a rockfish primary species CQ in excess of the amounts specified in Sec. 679.82(a).
(i) A rockfish cooperative in the catcher vessel sector may not use a rockfish primary species CQ in excess of the amounts specified in Sec. 679.82(a).
(ii) For purposes of CQ use cap calculation, the total amount of CQ held or used by a person is equal to all tons of CQ derived from the rockfish QS held by that person and assigned to the rockfish cooperative and all tons of CQ assigned to that person by the rockfish cooperative from approved transfers.
(iii) The amount of rockfish QS held by a person, and CQ derived from that rockfish QS is calculated using the individual and collective use cap rule established in Sec. 679.82(a).
(6) Successors-in-interest. If a member of a rockfish cooperative dies (in the case of an individual) or dissolves (in the case of a business entity), the LLP license(s) and associated rockfish QS held by that person will be transferred to the legal successor-in-interest under the procedures described in Sec. 679.4(k)(6)(iv)(A). However, the CQ derived from that rockfish QS and assigned to the rockfish cooperative for that year from that person remains under the control of the rockfish cooperative for the duration of that calendar year. Each rockfish cooperative is free to establish its own internal procedures for admitting a successor-in-interest during the fishing season to reflect the transfer of an LLP license and associated rockfish QS. [76 FR 81277, Dec. 27, 2011; 77 FR 2478, Jan. 18, 2012]