Appendix E Federal CDQ Regulations

Code of Federal Regulations Sec. 679.30 General CDQ Regulations.

  • (a)  

    State of Alaska CDQ responsibilities

    • (1)  

      Compliance. The State of Alaska must be able to ensure implementation of the CDPs once approved by NMFS. To accomplish this, the State must establish a monitoring system that defines what constitutes compliance and non-compliance.

    • (2)  

      Public hearings. Prior to granting approval of a CDP recommended by the Governor, NMFS shall find that the Governor developed and approved the CDP after conducting at least one public hearing, at an appropriate time and location in the geographical area concerned, so as to allow all interested persons an opportunity to be heard. Hearing(s) on the CDP do not have to be held on the actual documents submitted to the Governor under paragraph (b) of this section, but must cover the substance and content of the proposed CDP in such a manner that the general public, and particularly the affected parties, have a reasonable opportunity to understand the impact of the CDP. The Governor must provide reasonable public notification of hearing date(s) and location(s). The Governor must make available for public review, at the time of public notification of the hearing, all state materials pertinent to the hearing(s) and must include a transcript or summary of the public hearing(s) with the Governor's recommendations to NMFS in accordance with this subpart. At the same time this transcript is submitted to



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--> Appendix E Federal CDQ Regulations Code of Federal Regulations Sec. 679.30 General CDQ Regulations. (a)   State of Alaska CDQ responsibilities (1)   Compliance. The State of Alaska must be able to ensure implementation of the CDPs once approved by NMFS. To accomplish this, the State must establish a monitoring system that defines what constitutes compliance and non-compliance. (2)   Public hearings. Prior to granting approval of a CDP recommended by the Governor, NMFS shall find that the Governor developed and approved the CDP after conducting at least one public hearing, at an appropriate time and location in the geographical area concerned, so as to allow all interested persons an opportunity to be heard. Hearing(s) on the CDP do not have to be held on the actual documents submitted to the Governor under paragraph (b) of this section, but must cover the substance and content of the proposed CDP in such a manner that the general public, and particularly the affected parties, have a reasonable opportunity to understand the impact of the CDP. The Governor must provide reasonable public notification of hearing date(s) and location(s). The Governor must make available for public review, at the time of public notification of the hearing, all state materials pertinent to the hearing(s) and must include a transcript or summary of the public hearing(s) with the Governor's recommendations to NMFS in accordance with this subpart. At the same time this transcript is submitted to

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--> NMFS, it must be made available, upon request, to the public. The public hearing held by the Governor will serve as the public hearing for purposes of NMFS review under paragraph (c) of this section. (3)   Council consultation. Before sending his/her recommendations for approval of CDPs to NMFS, the Governor must consult with the Council, and make available, upon request, CDPs that are not part of the Governor's recommendations. (b)   CDP application. The Governor, after consultation with the Council, shall include in his or her written findings to NMFS recommending approval of a CDP, that the CDP meets the requirements of these regulations, the Magnuson Act, the Alaska Coastal Management Program, and other applicable law. At a minimum, the submission must discuss the determination of a community as eligible; information regarding community development, including goals and objectives; business information; and a statement of the managing organization's qualifications. For purposes of this section, an eligible community includes any community or group of communities that meets the criteria set out in paragraph (d) of this section. Applications for a CDP must include the following information: (1)   Community development information. Community development information includes: (i.)   Project description. A description of the CDP projects that are proposed to be funded by the CDQ and how the CDP projects satisfy the goals and purpose of the CDQ program. (ii.)   Allocation request. The allocation of each CDQ species requested for each subarea or district of the BSAI, as defined at Sec. 679.2 and for each IPHC regulatory area, as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. (iii.)   Project schedule. The length of time the CDQ will be necessary to achieve the goals and objectives of the CDP, including a project schedule with measurable milestones for determining progress. (iv.)   Employment. The number of individuals to be employed under the CDP, the nature of the work provided, the number of employee-hours anticipated per year, and the availability of labor from the applicant's community(ies). (v.)   Vocational and educational programs. Description of the vocational and educational training programs that a CDQ allocation under the CDP would generate.

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--> (vi.)   Existing infrastructure. Description of existing fishery-related infrastructure and how the CDP would use or enhance existing harvesting or processing capabilities, support facilities, and human resources. (vii.)   New capital. Description of how the CDP would generate new capital or equity for the applicant's fishing and/or processing operations. (viii.)   Transition plan. A plan and schedule for transition from reliance on the CDQ allocation under the CDP to self-sufficiency in fisheries. (ix.)   Short- and long-term benefits. A description of short- and long-term benefits to the applicant from the CDQ allocation. (2)   Business information. Business information includes: (i.)   Method of harvest. Description of the intended method of harvesting the CDQ allocation, including the types of products to be produced; amounts to be harvested; when, where, and how harvesting is to be conducted; and names and permit numbers of the vessels that will be used to harvest a CDQ allocation. (ii.)   Target market and competition. Description of the target market for sale of products and competition existing or known to be developing in the target market. (iii.)   Business relationships. Description of business relationships between all business partners or with other business interests, if any, including arrangements for management, audit control, and a plan to prevent quota overages. For purposes of this section, business partners means all individuals who have a financial interest in the CDQ project. (iv.)   Profit sharing. Description of profit sharing arrangements. (v.)   Funding. Description of all funding and financing plans. (vi.)   Partnerships. Description of joint venture arrangements, loans, or other partnership arrangements, including the distribution of proceeds among the parties. (vii.)   General budget for implementing the CDP. A general budget is a general account of estimated income and expenditures for each CDP project that is described in paragraph (b)(1)(i) of this section for the total number of calendar years that the CDP is in effect. (viii.)   Capital equipment. A list of all capital equipment.

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--> (ix.)   Cash flow. A cash flow and break-even analysis. (x.)   Income statement. A balance sheet and income statement, including profit, loss, and return on investment for the proposed CDP. (3)   Statement of managing organization's qualifications. Statement of the managing organization's qualifications includes: (i.)   Structure and personnel. Information regarding its management structure and key personnel, such as resumes and references; including the name, address, fax number, and telephone number of the managing organization's representative; and (ii.)   Management qualifications. A description of how the managing organization is qualified to manage a CDQ allocation and prevent quota overages. For purposes of this section, a qualified managing organization means any organization or firm that would assume responsibility for managing all or part of the CDP and that meets the following criteria: (A)   Official letter of support. Documentation of support from each community represented by the applicant for a CDP through an official letter of support approved by the governing body of the community. (B)   Legal relationship. Documentation of a legal relationship between the CDP applicant and the managing organization (if the managing organization is different from the CDP applicant), which clearly describes the responsibilities and obligations of each party as demonstrated through a contract or other legally binding agreement. (C)   Expertise. Demonstration of management and technical expertise necessary to carry out the CDP as proposed by the CDP application (e.g., proven business experience as shown by a balance and income statement, including profit, loss, and the return on investment on all business ventures within the previous 12 months by the managing organization). (c)   Review and approval of CDPs— (1)   Consistent with criteria. (i)   Upon receipt by NMFS of the Governor's recommendation for approval of proposed CDPs, NMFS will review the record to determine whether the community eligibility criteria and the evaluation criteria set forth in paragraph (d) of this section have been met. NMFS shall then approve or disapprove the Governor's recommendation within 45 days of its receipt.

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--> (ii.)   In the event of approval, NMFS shall notify the Governor and the Council in writing that the Governor's recommendations for CDPs are consistent with the evaluation criteria under paragraph (d) of this section and other applicable law, including NMFS reasons for approval. (iii.)   Publication of the decision, including the percentage of each CDQ reserve for each subarea or district allocated under the CDPs and the availability of the findings, will be published in the Federal Register. (iv.)   NMFS will allocate no more than 33 percent of the total CDQ to any approved CDP application. (v.)   A CDQ community may not concurrently receive more than one pollock, halibut, or sablefish allocation and only one application for each type of CDP per CDQ applicant will be accepted. (2)   Not consistent with criteria. (i)   If NMFS finds that the Governor's recommendations for CDQ allocations are not consistent with the evaluation criteria set forth in these regulations and disapproves the Governor's recommendations, NMFS shall so advise the Governor and the Council in writing, including the reasons therefor. (ii.)   Notification of the decision will be published in the Federal Register. (3)   Revised CDP. (i)   The CDP applicant may submit a revised CDP to the Governor for submission to NMFS. (ii.)   Review by NMFS of a revised CDP application will be in accordance with the provisions set forth in this section. (d)   Evaluation criteria. NMFS will approve the Governor's recommendations for CDPs if NMFS finds the CDP is consistent with the requirements of these regulations, including the following: (1)   CDP application. Each CDP application is submitted in compliance with the application procedures described in paragraph (b) of this section. (2)   NMFS review. Prior to approval of a CDP recommended by the Governor, NMFS will review the Governor's findings to determine that each community that is part of a CDP is listed in Table 7 of this part or meets the following criteria for an eligible community:

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--> (i.)   The community is located within 50 nm from the baseline from which the breadth of the territorial sea is measured along the Bering Sea coast from the Bering Strait to the western most of the Aleutian Islands, or on an island within the Bering Sea. A community is not eligible if it is located on the GOA coast of the North Pacific Ocean, even if it is within 50 nm of the baseline of the Bering Sea. (ii.)   The community is certified by the Secretary of the Interior pursuant to the Native Claims Settlement Act (Public Law 92-203) to be a native village. (iii.)   The residents of the community conduct more than half of their current commercial or subsistence fishing effort in the waters of the BSAI. (iv.)   The community has not previously developed harvesting or processing capability sufficient to support substantial groundfish fisheries participation in the BSAI, unless the community can show that benefits from an approved CDP would be the only way to realize a return from previous investments. The community of Unalaska is excluded under this provision. (3)   Qualified managing organization. Each CDP application demonstrates that a qualified managing organization will be responsible for the harvest and use of the CDQ allocation pursuant to the CDP. (4)   Exceeding the CDQ allocation. Each CDP application demonstrates that its managing organization can effectively prevent exceeding the CDQ allocation. (5)   Governor's findings. The Governor has found for each recommended CDP that: (i.)   The CDP and the managing organization are fully described in the CDP application, and have the ability to successfully meet the CDP milestones and schedule. (ii.)   The managing organization has an adequate budget for implementing the CDP, and the CDP is likely to be successful. (iii.)   A qualified applicant has submitted the CDP application and the applicant and managing organization have the support of each community participating in the proposed CDQ project as demonstrated through an official letter approved by the governing body of each such community.

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--> (iv.)   The following factors have been considered: (A)   The number of individuals from applicant communities who will be employed under the CDP, the nature of their work, and career advancement. (B)   The number and percentage of low income persons residing in the applicant communities, and the economic opportunities provided to them through employment under the CDP. (C)   The number of communities cooperating in the application. (D)   The relative benefits to be derived by participating communities and the specific plans for developing a self-sustaining fisheries economy. (E)   The success or failure of the applicant and/or the managing organization in the execution of a prior CDP (e.g., exceeding a CDQ allocation or any other related violation may be considered a failure and may therefore result in partially or fully precluding a CDP from a future CDQ allocation). (6)   Qualified applicant. For purposes of this paragraph (d), ''qualified applicant" means: (i.)   A local fishermen's organization from an eligible community, or group of eligible communities, that is incorporated under the laws of the State of Alaska, or under Federal law, and whose board of directors is composed of at least 75 percent resident fishermen of the community (or group of communities) that is (are) making an application; or (ii.)   A local economic development organization incorporated under the laws of the State of Alaska, or under Federal law, specifically for the purpose of designing and implementing a CDP, and that has a board of directors composed of at least 75 percent resident fishermen of the community (or group of communities) that is (are) making an application. (7)   Resident fisherman. For the purpose of this paragraph (d), "resident fisherman" means an individual with documented commercial or subsistence fishing activity who maintains a mailing address and permanent domicile in the community and is eligible to receive an Alaska Permanent Fund dividend at that address. (8)   Board of directors. If a qualified applicant represents more than one community, the board of directors of the applicant must include at least one member from each of the communities represented. (e)   Monitoring of CDPs— (1)   CDP reports. The following reports must be sub-

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--> mitted to NMFS: (i.)   Annual progress reports. (A)   CDP applicants are required to submit annual progress reports to the Governor by June 30 of the year following allocation. (B)   Annual progress reports will include information describing how the CDP has met its milestones, goals, and objectives. (C)   On the basis of those reports, the Governor will submit an annual progress report to NMFS and recommend whether CDPs should be continued. (D)   NMFS must notify the Governor in writing within 45 days of receipt of the Governor's annual progress report, accepting or rejecting the annual progress report and the Governor's recommendations. (E)   If NMFS rejects the Governor's annual progress report, NMFS will return it for revision and resubmission. (F)   The report will be deemed approved if NMFS does not notify the Governor in writing within 45 days of the report's receipt. (ii.)   Annual budget report. (A)   An annual budget report is a detailed estimation of income and expenditures for each CDP project as described in paragraph (b)(1)(i) of this section for a calendar year. (B)   (B) The annual budget report must be submitted to NMFS by December 15 preceding the year for which the annual budget applies. (C)   Annual budget reports are approved upon receipt by NMFS, unless disapproved in writing by December 31. If disapproved, the annual budget report may be revised and resubmitted to NMFS. (D)   NMFS will approve or disapprove a resubmitted annual budget report in writing. (iii.)   Annual budget reconciliation report. A CDQ group must reconcile each annual budget by May 30 of the year following the year for which the annual budget applied. Reconciliation is an accounting of the annual budget's estimated income and expenditures with the actual income and expenditures, including the variance in dollars and variance in percentage for each CDP project that is described in paragraph (b)     (1)     (i)   of this section. If a general budget, as described in paragraph (b)(2)(vii) of this section, is no longer correct due to the reconciliation of an annual budget,

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--> then the general budget must also be revised to reflect the annual budget reconciliation. The revised general budget must be included with the annual budget reconciliation report. (2)   Increase in CDQ allocation. If an applicant requests an increase in a CDQ, the applicant must submit a new CDP application for review by the Governor and approval by NMFS as described in paragraphs (b) and (c) of this section. (3)   Substantial amendments. (i)   A CDP is a working business plan and must be kept up to date. Substantial amendments, as described in paragraph (e)(3)(iv) of this section, to a CDP will require written notification to the Governor and subsequent approval by the Governor and NMFS before any change in a CDP can occur. The Governor may recommend to NMFS that the request for an amendment be approved. (ii.)   NMFS may notify the Governor in writing of approval or disapproval of the amendment within 30 days of receipt of the Governor's recommendation. The Governor's recommendation for approval of an amendment will be deemed approved if NMFS does not notify the Governor in writing within 30 calendar days of receipt of the Governor' s recommendation. (iii.)   If NMFS determines that the CDP, if changed, would no longer meet the criteria under paragraph (d) of this section, or if any of the requirements under this section would not be met, NMFS shall notify the Governor in writing of the reasons why the amendment cannot be approved. (iv.)   For the purposes of this section, substantial amendments are defined as changes in a CDP, including, but not limited to, any of the following: (A)   Any change in the applicant communities or replacement of the managing organization. (B)   A change in the CDP applicant's harvesting or processing partner. (C)   Funding a CDP project in excess of $100,000 that is not part of an approved general budget. (D)   More than a 20-percent increase in the annual budget of an approved CDP project. (E)   More than a 20-percent increase in actual expenditures over the approved annual budget for administrative operations.

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--> (F)   A change in the contractual agreement(s) between the CDP applicant and its harvesting or processing partner, or a change in a CDP project, if such change is deemed by the Governor or NMFS to be a material change. (v)   Notification of an amendment to a CDP shall include the following information: (A)   The background and justification for the amendment that explains why the proposed amendment is necessary and appropriate. (B)   An explanation of why the proposed change to the CDP is an amendment according to paragraph (e)(3)(i) of this section. (C)   A description of the proposed amendment, explaining all changes to the CDP that result from the proposed amendment. (D)   A comparison of the original CDP text with the text of the proposed changes to the CDP, and the changed pages of the CDP for replacement in the CDP binder. (E)   Identification of any NMFS findings that would need to be modified if the amendment is approved along with the proposed modified text. (F)   A description of how the proposed amendment meets the requirements of this subpart. Only those CDQ regulations that are affected by the proposed amendment need to be discussed. (4)   Technical amendments. (i) Any change to a CDP that is not a substantial amendment as defined in paragraph (e)(3)(iv) of this section is a technical amendment. It is the responsibility of the CDQ group to coordinate with the Governor to ensure that a proposed technical amendment does not meet the definition for a substantial amendment. Technical amendments require written notification to the Governor and NMFS before the change in a CDP occurs. (v)   A technical amendment will be approved when the CDQ group receives a written notification from NMFS announcing the receipt of the technical amendment. The Governor may recommend to NMFS, in writing, that a technical amendment be disapproved at any time. NMFS may disapprove a technical amendment in writing at any time, with the reasons therefore. (vi)   Notification should include: (A)   The pages of the CDP, with the text highlighted to show deletions and additions.

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--> (B)   The changed pages of the CDP for replacement in the CDP binder. (5)   Cease fishing operations. It is the responsibility of the CDQ-managing organization to cease fishing operations once a CDQ allocation has been reached. (f)   Suspension or termination of a CDP— (1)   Governor's recommendation. (i)   NMFS, at any time, may partially suspend, suspend, or terminate any CDP upon written recommendation of the Governor setting out his or her reasons that the CDP recipient is not complying with these regulations. (ii)   After review of the Governor's recommendation and reasons for a partial suspension, suspension, or termination of a CDP, NMFS will notify the Governor in writing of approval or disapproval of his or her recommendation within 45 days of its receipt. (iii)   In the event of approval of the Governor's recommendation, NMFS will publish an announcement in the Federal Register that the CDP has been partially suspended, suspended, or terminated, along with reasons therefore. (2)   Non-compliance. NMFS also may partially suspend, suspend, or terminate any CDP at any time if NMFS finds a recipient of a CDQ allocation pursuant to the CDP is not complying with these regulations, other regulations, or provisions of the Magnuson Act or other applicable law. Publication of suspension or termination will appear in the Federal Register, along with the reasons therefor. (3)   Review of allocation. An annual progress report, required under paragraph (e)(1)(i) of this section, will be used by the Governor to review each CDP to determine whether the CDP and CDQ allocation thereunder should be continued, decreased, partially suspended, suspended, or terminated under the following circumstances: (i)   If the Governor determines that the CDP will successfully meet its goals and objectives, the CDP may continue without any Secretarial action. (ii)   If the Governor recommends to NMFS that an allocation be decreased, the Governor's recommendation for decrease will be deemed approved if NMFS does not notify the Governor, in writing, within 30 days of receipt of the Governor's recommendation. (iii)   If the Governor determines that a CDP has not successfully met its goals and objectives, or appears unlikely to become successful, the Governor may submit a recommendation to NMFS that the CDP be partially suspended, suspended, or

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--> terminated. The Governor must set out, in writing, his or her reasons for recommending suspension or termination of the CDP. (iv)   After review of the Governor's recommendation and reasons therefor, NMFS will notify the Governor, in writing, of approval or disapproval of his or her recommendation within 30 days of its receipt. In the case of suspension or termination, NMFS will publish notification in the Federal Register, with reasons therefor. [61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 FR 41745, Aug. 12, 1996] Code of Federal Regulations Subpart C—Western Alaska Community Development Quota Program Sec. 679.31 CDQ reserve. (a)   Pollock CDQ reserve (applicable through December 31, 1998). (1)   In the proposed and final harvest specifications required under Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for each subarea or district will be assigned to a CDQ reserve for each subarea or district. (2)   (2) NMFS may add any amount of a CDQ reserve back to the nonspecific reserve if, after September 30, the Regional Director determines that amount will not be used during the remainder of the fishing year. (b)   Halibut CDQ reserve. (1)   NMFS will annually withhold from IFQ allocation the proportions of the halibut catch limit that are specified in this paragraph (b) for use as a CDQ reserve. (2)   (2) Portions of the CDQ for each specified IPHC regulatory area may be allocated for the exclusive use of an eligible Western Alaska community or group of communities in accordance with a CDP approved by the Governor in consultation with the Council and approved by NMFS. (3)   The proportions of the halibut catch limit annually withheld for purposes of the CDQ program, exclusive of issued QS, are as follows for each IPHC regulatory area: (i)   Area 4B. In IPHC regulatory area 4B, 20 percent of the annual halibut quota shall be made available for the halibut CDQ program to eligible communities physically located in or proximate to this regulatory area. For the purposes of this section, "proximate to" an IPHC regulatory area means within 10 nm from the point where the boundary of the IPHC regulatory area intersects land.

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--> (ii)   Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut quota shall be made available for the halibut CDQ program to eligible communities physically located in IPHC regulatory area 4C. (iii)   Area 4D. In IPHC regulatory area 4D, 30 percent of the halibut quota shall be made available for the halibut CDQ program to eligible communities located in or proximate to IPHC regulatory areas 4D and 4E. (iv)   Area 4E. In IPHC regulatory area 4E, 100 percent of the halibut quota shall be made available for the halibut CDQ program to communities located in or proximate to IPHC regulatory area 4E. A fishing trip limit of 6,000 lb (2.7 mt) will apply to halibut CDQ harvesting in IPHC regulatory area 4E. (c)   Sablefish CDQ reserve. In the proposed and final harvest limit specifications required under Sec. 679.20(c), NMFS will specify 20 percent of the fixed gear allocation of sablefish in each BSAI subarea as a sablefish CDQ reserve, exclusive of issued QS. Portions of the CDQ reserve for each subarea may be allocated for the exclusive use of CDQ applicants in accordance with CDPs approved by the Governor in consultation with the Council and approved by NMFS. NMFS will allocate no more than 33 percent of the total CDQ for all subareas combined to any one applicant with an approved CDP application. Code of Federal Regulations Subpart C—Western Alaska Community Development Quota Program Sec. 679.32 Estimation of total pollock harvest in the CDQ fisheries (applicable through December 31, 1998). (a)   Recordkeeping and reporting requirements. Vessels and processors participating in pollock CDQ fisheries must comply with recordkeeping and reporting requirements set out at Sec. 679.5. (b)   Total pollock harvests— (1)   Observer estimates. Total pollock harvests for each CDP will be determined by observer estimates of total catch and catch composition, as reported on the daily observer catch message. (2)   Cease fishing. The CDQ-managing organization must arrange to receive a copy of the observer daily catch message from processors in a manner that allows the CDQ-managing organization to inform processors to cease fishing operations before the CDQ allocation has been exceeded. CDQ-managing organization representatives must also inform NMFS within 24 hours after the CDQ has been reached and fishing has ceased.

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--> (3)   NMFS estimates. If NMFS determines that the observer, the processor, or the CDQ-managing organization failed to follow the procedures described in paragraphs (c), (d), and (e) of this section for estimating the total harvest of pollock, or violated any other regulation in this subpart C of this part, NMFS reserves the right to estimate the total pollock harvest based on the best available data. (c)   Observer coverage. Vessel operators and processors participating in CDQ fisheries must comply with the following requirements for observer coverage: (1)   Shoreside processor. (i)   Each shoreside processor participating in the CDQ fisheries must have one NMFS-certified observer present at all times while groundfish harvested under a CDQ are being received or processed. (ii)   The Regional Director is authorized to require more than one observer for a shoreside processor if: (A)   The CDQ delivery schedule requires an observer to be on duty more than 12 hours in a 24-hour period; (B)   Simultaneous deliveries of CDQ harvests by more than one vessel cannot be monitored by a single observer; or (C)   One observer is not capable of adequately monitoring CDQ deliveries. (2)   Processor vessel. Each processor vessel participating in the CDQ fisheries must have two NMFS-certified observers aboard the vessel at all times while groundfish harvested under a CDQ are being harvested, processed, or received from another vessel. (3)   Catcher vessel. Observer coverage requirements for catcher vessels participating in the CDQ fisheries are in addition to any observer coverage requirements in subpart E of this part. Each catcher vessel delivering groundfish harvested under a CDQ, other than a catcher vessel delivering only unsorted codends to a processor or another vessel, must have a NMFS-certified observer on the vessel at all times while the vessel is participating in the CDQ fisheries, regardless of the vessel length. (d)   Shoreside processor equipment and operational requirements. Each shoreside processor participating in the CDQ fisheries must comply with the following requirements: (1)   Certified scale. Groundfish harvested in the CDQ fisheries must be recorded

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--> and weighed on a scale certified by the State of Alaska. Such a scale must measure catch weights at all times to at least 95-percent accuracy, as determined by a NMFS-certified observer or authorized officer. The scale and scale display must be visible simultaneously by the observer. (2)   Access to scale. Observers must be provided access to the scale used to weigh groundfish landings. (3)   Retention of scale printouts. Printouts of scale measurements of each CDQ delivery must be made available to observers and be maintained in the shoreside processor for the duration of the fishing year, or for as long after a fishing year as product from fish harvested during that year are retained in the shoreside processor. (4)   Prior notice of offloading schedule. The manager of each shoreside processor must notify the observer(s) of the offloading schedule of each CDQ groundfish delivery at least 1 hour prior to offloading to provide the observer an opportunity to monitor the weighing of the entire delivery. (e)   Processor vessel measurement requirements. Each processor vessel participating in the CDQ fishery for pollock must estimate the total weight of its groundfish catch by the volumetric procedures specified in this paragraph (e). (1)   Receiving bins. Each processor vessel estimating its catch by volumetric measurement must have one or more receiving bins in which all fish catches are placed to determine total catch weight prior to sorting operations. (2)   Bin volume. The volume of each bin must be accurately measured, and the bin must be permanently marked and numbered in 10-cm increments on all internal sides of the bin. Marked increments, except those on the wall containing the viewing port or window, must be readable from the outside of the bin at all times. Bins must be lighted in a manner that allows marked increments to be read from the outside of the bin by a NMFS-certified observer or authorized officer. (3)   Bin certification. (i)   The bin volume and marked and numbered increments must be certified by a registered engineer with no financial interest in fishing, fish processing, or fish tender vessels, or by a qualified organization that has been designated by the USCG Commandant, or an authorized representative thereof, for the purpose of classing or examining commercial fishing industry vessels under the provisions of 46 CFR 28.76. (ii)   Bin volumes and marked and numbered increments must be recertified each time a bin is structurally or physically changed.

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--> (iii)   The location of bin markings, as certified, must be described in writing. Tables certified under this paragraph (e)( )(iii) indicating the volume of each certified bin in cubic meters for each 10-cm increment marked on the sides of the bins, must be submitted to the NMFS Observer Program prior to harvesting or receiving groundfish and must be maintained on board the vessel and made available to NMFS-certified observers at all times. (iv)   All bin certification documents must be dated and signed by the certifier. (4)   Prior notification. Vessel operators must notify observers prior to any removal or addition of fish from each bin used for volumetric measurements of catch in such a manner that allows an observer to take bin volume measurements prior to fish being removed from or added to the bin. Once a volumetric measurement has been taken, additional fish may not be added to the bin until at least half the original volume has been removed. Fish may not be removed from or added to a bin used for volumetric measurements of catch until an observer indicates that bin volume measurements have been completed and any samples of catch required by the observer have been taken. (5)   Separation of fish. Fish from separate hauls or deliveries from separate harvesting vessels may not be mixed in any bin used for volumetric measurements of catch. (6)   Bin viewing port. The receiving bins must not be filled in a manner that obstructs the viewing ports or prevents the observer from seeing the level of fish throughout the bin. [61 FR 31230, June 19, 1996; 61 FR 37843, July 22, 1996 as amended at 61 FR 41745, Aug. 12, 1996] Code of Federal Regulations Subpart C—Western Alaska Community Development Quota Program Sec. 679.33 Halibut and sablefish CDQ. (a)   Permits. The Regional Director will issue a halibut and/or sablefish CDQ permit to the managing organization responsible for carrying out an approved CDQ project. A copy of the halibut and/or sablefish CDQ permit must be carried on any fishing vessel operated by or for the managing organization, and be made available for inspection by an authorized officer. Each halibut and/or sablefish CDQ permit will be non-transferable and will be effective for the duration of the CDQ project or until revoked, suspended, or modified.

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--> (b)   CDQ cards. The Regional Director will issue halibut and/or sablefish CDQ cards to all individuals named on an approved CDP application. Each halibut and/ or sablefish CDQ card will identify a CDQ permit number and the individual authorized by the managing organization to land halibut and/or sablefish for debit against its CDQ allocation. (c)   Alteration. No person may alter, erase, or mutilate a halibut and/or sablefish CDQ permit, card, registered buyer permit, or any valid and current permit or document issued under this part. Any such permit, card, or document that has been intentionally altered, erased, or mutilated will be invalid. (d)   Landings. All landings of halibut and/or sablefish harvested under an approved CDQ project, dockside sales, and outside landings of halibut and/or sablefish must be landed by a person with a valid halibut and/or sablefish CDQ card to a person with a valid registered buyer permit, and reported in compliance with Sec. 679.5 (1)(1) and (I)(2). (e)   CDQ fishing seasons. See Sec. 679.23(e)(4). Code of Federal Regulations Subpart C—Western Alaska Community Development Quota Program Sec. 679.34 CDQ halibut and sablefish determinations and appeals. Section 679.34 describes the procedure for appealing initial administrative determinations for the halibut and sablefish CDQ program made under this subpart C of this part.