50 C.F.R. Subpart A—General
Title 50 - Wildlife and Fisheries
Title 50: Wildlife and Fisheries
PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
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Subpart A—General
§ 680.1 Purpose and scope.
Regulations in this part implement policies developed by the North Pacific Fishery Management Council and approved by the Secretary of Commerce in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. In addition to part 600 of this chapter, these regulations implement the following:
(a) Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands King and Tanner Crabs. Regulations in this part govern commercial fishing for, and processing of, king and Tanner crabs in the Bering Sea and Aleutian Islands Area pursuant to section 313(j) of the Magnuson-Stevens Act, including regulations implementing the Crab Rationalization Program for crab fisheries in the Bering Sea and Aleutian Islands Area, and supersede State of Alaska regulations applicable to the commercial king and Tanner crab fisheries in the Exclusive Economic Zone (EEZ) of the Bering Sea and Aleutian Islands Area that are determined to be inconsistent with the FMP.
(b) License Limitation Program. Commercial fishing for crab species not included in the Crab Rationalization Program for crab fisheries of the Bering Sea and Aleutian Islands Area remains subject to the License Limitation Program for the commercial crab fisheries in the Bering Sea and Aleutian Islands Area under part 679 of this chapter.
§ 680.2 Definitions.
In addition to the definitions in the Magnuson-Stevens Act, in 50 CFR part 600, and §679.2 of this chapter, the terms used in this part have the following meanings:
Adak community entity means the non-profit entity incorporated under the laws of the state of Alaska that represents the community of Adak and has a board of directors elected by the residents of Adak.
Affiliation means a relationship between two or more entities in which one directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, another, or a third entity directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, both. For the purpose of this definition, the following terms are further defined:
(1) Entity. An entity may be an individual, corporation, association, partnership, joint-stock company, trust, or any other type of legal entity, any receiver, trustee in bankruptcy or similar official or liquidating agent, or any organized group of persons whether incorporated or not, that holds direct or indirect interest in:
(i) Quota share (QS), processor quota share (PQS), individual fishing quota (IFQ), or individual processing quota (IPQ); or,
(ii) For purposes of the economic data report (EDR), a vessel or processing plant operating in CR fisheries.
(2) Indirect interest. An indirect interest is one that passes through one or more intermediate entities. An entity's percentage of indirect interest in a second entity is equal to the entity's percentage of direct interest in an intermediate entity multiplied by the intermediate entity's direct or indirect interest in the second entity.
(3) Controls a 10 percent or greater interest. An entity controls a 10 percent or greater interest in a second entity if the first entity:
(i) Controls a 10 percent ownership share of the second entity, or
(ii) Controls 10 percent or more of the voting stock of the second entity.
(4) Otherwise controls. (i) A PQS or IPQ holder otherwise controls QS or IFQ, or a QS or IPQ holder, if it has:
(A) The right to direct, or does direct, the business of the entity which holds the QS or IFQ;
(B) The right in the ordinary course of business to limit the actions of or replace, or does limit or replace, the chief executive officer, a majority of the board of directors, any general partner or any person serving in a management capacity of the entity which holds the QS or IFQ;
(C) The right to direct, or does direct, the transfer of QS or IFQ;
(D) The right to restrict, or does restrict, the day-to-day business activities and management policies of the entity holding the QS or IFQ through loan covenants;
(E) The right to derive, or does derive, either directly, or through a minority shareholder or partner, and in favor of a PQS or IPQ holder, a significantly disproportionate amount of the economic benefit from the holding of QS or IFQ;
(F) The right to control, or does control, the management of, or to be a controlling factor in, the entity holding QS or IFQ;
(G) The right to cause, or does cause, the sale of QS or IFQ;
(H) Absorbs all of the costs and normal business risks associated with ownership and operation of the entity holding QS or IFQ; and
(I) Has the ability through any other means whatsoever to control the entity that holds QS or IFQ.
(ii) Other factors that may be indica of control include, but are not limited to the following:
(A) If a PQS or IPQ holder or employee takes the leading role in establishing an entity that will hold QS or IFQ;
(B) If a PQS or IPQ holder has the right to preclude the holder of QS or IFQ from engaging in other business activities;
(C) If a PQS or IPQ holder and QS or IFQ holder use the same law firm, accounting firm, etc.;
(D) If a PQS or IPQ holder and QS or IFQ holder share the same office space, phones, administrative support, etc.;
(E) If a PQS or IPQ holder absorbs considerable costs and normal business risks associated with ownership and operation of the QS or IFQ holdings;
(F) If a PQS or IPQ holder provides the start up capital for the QS or IFQ holder on less than an arm's-length basis;
(G) If a PQS or IPQ holder has the general right to inspect the books and records of the QS or IFQ holder; and
(H) If the PQS or IPQ holder and QS or IFQ holder use the same insurance agent, law firm, accounting firm, or broker of any PQS or IPQ holder with whom the QS or IFQ holder has entered into a mortgage, long-term or exclusive sales or marketing agreement, unsecured loan agreement, or management agreement.
Arbitration IFQ means:
(1) Class A catcher vessel owner (CVO) IFQ held by a person who is not a holder of PQS or IPQ and who is not affiliated with any holder of PQS or IPQ,
(2) Prior to July 1, 2008, catcher vessel crew (CVC) IFQ that the holder has elected to submit to the Arbitration System, and that is held by a person who is not a holder of PQS or IPQ, and who is not affiliated with any holder of PQS or IPQ, and
(3) Beginning July 1, 2008, Class A CVC IFQ held by a person who is not a holder of PQS or IPQ and is not affiliated with any holder of PQS or IPQ.
(4) IFQ held by an FCMA cooperative.
Arbitration QS means:
(1) CVO QS held by a person who is not a holder of PQS or IPQ and is not affiliated with any holder of PQS or IPQ, (2) Prior to July 1, 2008, CVC QS that the holder has elected to submit to the Arbitration System, and that is held by a person who is not a holder of PQS or IPQ and who is not affiliated with any holder of PQS or IPQ and,
(3) Beginning July 1, 2008, CVC QS held by a person who is not a holder of PQS or IPQ and is not affiliated with any holder of PQS or IPQ.
Arbitration System means the system established by the contracts required by §680.20, including the process by which the Market Report and Non-Binding Price Formula are produced, the negotiation approaches, the Binding Arbitration process, and fee collection.
Assessed value means the most recent value for a vessel and gear provided in a marine survey.
Auditor means an examiner employed by, or under contract to, the data collection agent to verify data submitted in an economic data report.
Blind data means any data collected from the economic data report by the data collection agent that are subsequently amended by removing personal identifiers, including, but not limited to social security numbers, crew permit numbers, names and addresses, Federal fisheries permit numbers, Federal processor permit numbers, Federal tax identification numbers, State of Alaska vessel registration and permit numbers, and by adding in their place a nonspecific identifier.
Box size means the capacity of a crab-packing container in kilograms or pounds.
BSAI crab means those crab species governed under the Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands King and Tanner Crabs.
BSAI Crab Capacity Reduction Program means the program authorized by Public Law 106–554, as Amended by Public Law 107–20 and Public Law 107–117.
BSAI crab fisheries means those crab fisheries governed under the Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands King and Tanner Crabs.
Captain means, for the purposes of the EDR, a vessel operator.
Catcher/processor (CP) means a vessel that is used for catching crab and processing that crab.
Catcher vessel means a vessel that is used for catching crab and that does not process crab on board.
CDQ community means a community eligible to participate in the Western Alaska Community Development Program under subpart C of 50 CFR part 679.
CDQ group means a CDQ group as that term is defined at 50 CFR 679.2.
Committed IFQ means:
(1) Any Arbitration IFQ for which the holder of such IFQ has agreed or committed to delivery of crab harvested with the IFQ to the holder of previously uncommitted IPQ and for which the holder of the IPQ has agreed to accept delivery of that crab, regardless of whether such agreement specifies the price or other terms for delivery, or
(2) Any Arbitration IFQ for which, on or after the date which is 25 days prior to the opening of the first crab fishing season in the crab QS fishery for such IFQ, the holder of the IFQ has unilaterally committed to delivery of crab harvested with the IFQ to the holder of previously uncommitted IPQ, regardless of whether the IFQ and IPQ holders have reached an agreement that specifies the price or other terms for delivery.
Committed IPQ means any IPQ for which the holder of such IPQ has received a commitment of delivery from a holder of Arbitration IFQ such that the Arbitration IFQ is committed IFQ, regardless of whether the Arbitration IFQ and IPQ holders have reached an agreement that specifies the price or other terms for delivery.
CP standard price means price, expressed in U.S. dollars per raw crab pound, for all CR crab landed by a CP as determined for each crab fishing year by the Regional Administrator and documented in a CP standard price list published by NMFS.
Crab cost recovery fee liability means that amount of money, in U.S. dollars, owed to NMFS by a CR allocation holder or RCR as determined by multiplying the appropriate ex-vessel value of the amount of CR crab debited from a CR allocation by the appropriate crab fee percentage.
Crab fee percentage means that positive number no greater than 3 percent determined for each crab fishing year by the Regional Administrator and used to calculate the crab cost recovery fee liability for a CR allocation holder or RCR under the Crab Rationalization Program.
Crab fishing year means the period from July 1 of one calendar year through June 30 of the following calendar year.
Crab grade means a grading system to describe the quality of crab.
(1) Grade 1 means standard or premium quality crab, and
(2) Grade 2 means below standard quality crab.
Crab harvesting cooperative, for the purposes of this part 680, means a group of crab QS holders who have chosen to form a crab harvesting cooperative, under the requirements of §680.21, in order to combine and collectively harvest their crab IFQ through a crab harvesting cooperative IFQ permit issued by NMFS.
Crab harvesting cooperative IFQ means the annual catch limit of IFQ crab that may be harvested by a crab harvesting cooperative that is lawfully allocated a harvest privilege for a specific portion of the TAC of a crab QS fishery.
Crab individual fishing quota (crab IFQ) means the annual catch limit of a crab QS fishery that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of a crab QS fishery with the following designations or with the designation as a crab IFQ hired master:
(1) Catcher vessel crew (CVC) IFQ means a permit to annually harvest, but not process, a CR crab on board a vessel.
(2) Catcher vessel owner (CVO) IFQ means a permit to annually harvest, but not process, a CR crab on board a vessel.
(i) Class A IFQ means IFQ that is required to be delivered to a processor holding unused IPQ.
(ii) Class B IFQ means IFQ that is not required to be delivered to a processor holding unused IPQ.
(3) Catcher/processor owner (CPO) IFQ means a permit to annually harvest and process a CR crab on a catcher/processor.
(4) Catcher/processor crew (CPC) IFQ means a permit to annually harvest and process a CR crab on a catcher/processor.
Crab IFQ hired master means a person who holds a crab IFQ hired master permit issued under §680.4.
Crab IFQ permit holder means the person identified on an IFQ permit.
Crab LLP license history means, for any particular crab LLP license, the legal landings made on the vessel(s) that was used to qualify for that LLP license and any legal landings made under the authority of that LLP license.
Crab quota share (crab QS) means a permit the face amount of which is used as the basis for the annual calculation and allocation of a person's crab IFQ with the following designations:
(1) Catcher vessel crew (CVC) QS means a permit that yields CVC IFQ.
(2) Catcher vessel owner (CVO) QS means a permit that yields CVO IFQ.
(3) Catcher/processor owner (CPO) QS means a permit that yields CPO IFQ.
(4) Catcher/processor crew (CPC) QS means a permit that yields CPC IFQ.
Crab QS fishery means those CR fisheries under Table 1 to this part that require the use of QS and PQS, and their resulting IFQ and IPQ, to harvest and receive IFQ crab.
Crab QS program means the program that allocates QS and PQS, and their resulting IFQ and IPQ, for CR crab of the BSAI off Alaska and governed by regulations under this part.
Crab QS regional designation means the designation of QS or PQS and their resulting IFQ and IPQ subject to regional delivery requirements in this part.
Crab Rationalization (CR) allocation means any allocation of CR crab authorized under the CR Program.
Crab Rationalization (CR) crab means those crab species in the crab fisheries subject to management under the Crab Rationalization Program described in Table 1 to this part.
Crab Rationalization (CR) fisheries means those fisheries defined in Table 1 to part 680.
Crab Rationalization (CR) Program means the crab QS program plus the CDQ and the Adak community allocation programs, including all management, monitoring, and enforcement components, for BSAI king and Tanner crabs governed by the regulations of this part.
Crew means:
(1) Any individual, other than the fisheries observers, working on a vessel that is engaged in fishing.
(2) For the purposes of the EDR, each employee on a vessel, excluding the captain and fisheries observers, that participated in any CR fishery.
Custom processing means processing of crab by a person undertaken on behalf of another person.
Data collection agent (DCA) means the entity selected by the Regional Administrator to distribute an EDR to a person required to complete it, to receive the completed EDR, to review and verify the accuracy of the data in the EDR, and to provide those data to authorized recipients.
Days at sea means, for the purposes of the EDR, the number of days spent at sea while fishing for crab, including travel time to and from fishing grounds.
Economic data report (EDR) means the report of cost, labor, earnings, and revenue data for catcher vessels, catcher/processors, shoreside crab processors, and stationary floating crab processors participating in CR fisheries.
Eligible community resident means, for purposes of the Crab QS program, any individual who:
(1) Is a citizen of the United States;
(2) Has maintained a domicile in the ECC, from which the individual requests to lease crab IFQ, for at least 12 consecutive months immediately preceding the time when the assertion of residence is made and who is not claiming residency in another community, state, territory, or country; and
(3) Is otherwise eligible to receive crab QS or IFQ by transfer.
Eligible crab community (ECC) means a community in which at least 3 percent of the initial allocation of processor quota share of any crab fishery is allocated. The specific communities are:
(1) CDQ Communities.
(i) Akutan;
(ii) False Pass;
(iii) St. George; and
(iv) St. Paul.
(2) Non-CDQ Communities.
(i) Unalaska/Dutch Harbor;
(ii) Kodiak;
(iii) King Cove;
(iv) Port Moller; and
(v) Adak.
Eligible crab community (ECC) entity means a non-profit organization specified under §680.41(j)(2) that is designated by the governing body of an ECC, other than Adak, to represent it for the purposes of engaging in the right of first refusal of transfer of crab PQS or IPQ outside the ECC under contract provisions set forth under section 313(j) of the Magnuson-Stevens Act. For those ECCs that also are CDQ communities, the ECC entity is the CDQ group to which the ECC is a member.
Eligible crab community organization (ECCO) means a non-profit organization that represents at least one ECC, as defined in this part, and that has been approved by the Regional Administrator to obtain by transfer and hold crab QS and to lease the resulting IFQ on behalf of an ECC.
Ex-vessel value means:
(1) For the shoreside processing sector. The total U.S. dollar amount of all compensation, monetary and non-monetary, including any retroactive payments, received by a CR allocation holder for the purchase of any CR crab debited from the CR allocation described in terms of raw crab pounds.
(2) For the catcher/processor sector. The total U.S. dollar amount of CR crab landings as calculated by multiplying the number of raw crab pounds debited from the CR allocation by the appropriate CP standard price determined by the Regional Administrator.
FCMA cooperative, for the purposes of this part 680, means a cooperative formed in accordance with the Fishermen's Collective Marketing Act of 1934 (15 U.S.C. 521).
Finished pounds means the total weight, in pounds, of processed product, not including the container.
IFQ account means the amount of crab IFQ in raw crab pounds that is held by a person at any particular time for a crab QS fishery, sector, region, and class.
IFQ crab means crab species listed in Table 1 to this part subject to management under the crab QS program.
Individual processor quota (IPQ) means the annual amount of crab, in pounds, representing a specific portion of the TAC for a crab QS fishery, that may be received for processing by a person who is lawfully allocated PQS or IPQ.
Initial processor quota share (PQS) pool means the total number of PQS units for each crab QS fishery which is the basis of initial PQS allocations.
Initial quota share (QS) pool means the total number of non-processor QS units for each crab QS fishery which is the basis of initial QS allocations.
IPQ account means the amount of crab IPQ in raw crab pounds that is held by a person at any particular time for a crab QS fishery and region.
Landing means the transfer of raw crab harvested by a vessel prior to that crab being reported on a CR crab landing report.
(1) For catcher/processors, the amount of crab retained during a reporting period constitutes a landing.
(2) For catcher vessels, the amount of crab removed from the boat at a single location/time constitutes a landing.
Lease of QS/IFQ or PQS/IPQ means a temporary, annual transfer of crab IFQ or IPQ without the underlying QS or PQS.
Leaseholder means, for purposes of the EDR, a person who:
(1) Is identified as the leaseholder in a written lease of a catcher vessel, catcher/processor, shoreside crab processor, or stationary floating crab processor, or
(2) Pays the expenses of a catcher vessel, catcher/processor, shoreside crab processor, or stationary floating crab processor, or
(3) Claims expenses for the catcher vessel, catcher/processor, shoreside crab processor, or stationary floating crab processor as a business expense on schedule C of his/her Federal income tax return or on a state income tax return.
Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. 1801 et seq.).
Mutual Agreement means, for purposes of the Arbitration System, the consent and agreement of Arbitration Organizations that represent an amount of Arbitration QS equal to more than 50 percent of all the Arbitration QS in a fishery, and an amount of PQS equal to more than 50 percent of all the PQS in a fishery based upon the Annual Arbitration Organization Reports.
Newly constructed vessel means, for the purposes of initial QS issuance, a vessel on which the keel was laid by June 10, 2002.
Official crab rationalization record means the information prepared by the Regional Administrator about the legal landings and legal processing by vessels and persons in the BSAI crab fisheries during the qualifying periods specified at §680.40.
Processing, or to process means the preparation of, or to prepare, crab to render it suitable for human consumption or storage. This includes, but is not limited to: Cooking, canning, butchering, sectioning, freezing or icing.
Processor quota share (PQS) means a permit the face amount of which is used as the basis for the annual calculation and allocation of IPQ.
Raw crab pounds means the weight of raw crab in pounds when landed.
Registered crab receiver (RCR) means a person holding an RCR Permit issued by the Regional Administrator.
Retain means to fail to return crab to the sea after a reasonable opportunity to sort the catch.
Right of First Refusal (ROFR) means the civil contract provisions set forth under section 313(j) of the Magnuson-Stevens Act between the holders of PQS and IPQ and ECC entities, other than Adak, for the opportunity of ECCs to exercise the right to purchase or lease PQS or IPQ proposed to be transferred by a holder of PQS or IPQ in an ECC.
Seafood Marketing Association Assessment (SMAA) means the seafood processing assessment collected by processing firms and buyers from fishery harvesters for the State of Alaska.
Share payment means an amount of monetary compensation (not salary or wages) based on gross or net earnings of a BSAI crab fishing vessel.
Shoreside crab processor means any person or vessel that receives, purchases, or arranges to purchase unprocessed crab, except a catcher/processor or a stationary floating crab processor.
Stationary floating crab processor (SFCP) means a vessel of the United States that remains anchored or otherwise remains stationary while receiving or processing crab in the waters of the State of Alaska.
Uncommitted IFQ means any Arbitration IFQ that is not Committed IFQ.
Uncommitted IPQ means any IPQ that is not Committed IPQ.
U.S. Citizen means:
(1) Any individual who is a citizen of the United States; or
(2) Any corporation, partnership, association, or other entity that is organized under Federal, state, or local laws of the United States or that may legally operate in the United States.
§ 680.3 Relation to other laws.
(a) King and Tanner crab. (1) Additional laws and regulations governing the conservation and management of king crab and Tanner crab in the BSAI area are contained in 50 CFR part 679, Alaska Statutes at A.S. 16, and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39.
(2) The Alaska Administrative Code (at 5 AAC 39.130) governs reporting and permitting requirements using the ADF&G “Intent to Operate” registration form and “Fish Tickets.”
(b) Sport, personal use, and subsistence. (1) For State of Alaska statutes and regulations governing sport and personal use crab fishing other than subsistence fishing, see Alaska Statutes, Title 16—Fish and Game; 5 AAC Chapters 47 through 77.
(2) For State of Alaska statutes and regulations governing subsistence fishing for crab, see Alaska Statutes, Title 16—Fish and Game; 5 AAC 02.001 through 02.625.
§ 680.4 Permits.
(a) General information. Persons participating in the CR fisheries are required to possess the permits described in this section.
(1) Approval. Approval of applications under this part may be conditioned on the payment of fees under §680.44 or the submission of an EDR as described under §680.6.
(2) Issuance. The Regional Administrator may issue or amend any permits under this section or under §680.21 annually or at other times as needed under this part.
(3) Transfer. Crab QS and PQS permits issued under §680.40 and Crab IFQ and IPQ permits issued under this section are transferable, as provided under §680.41. Crab IFQ hired master permits, Federal crab vessel permits, and RCR permits issued under this section are not transferable.
(4) Inspection. The holder of a Federal crab vessel permit, crab IFQ permit, crab IPQ permit, or crab IFQ hired master permit, must present a legible copy of the permit on request of any authorized officer or RCR receiving a crab IFQ landing. A legible copy of the RCR permit must be present at the location of a crab IFQ landing and an individual representing the RCR must make the RCR permit available for inspection on request of any authorized officer.
(b) Crab QS permit. (1) Crab QS is issued by the Regional Administrator to persons who successfully apply for an initial allocation under §680.40 or receive QS by transfer under §680.41. Once issued, a crab QS permit is valid until modified under paragraph (b)(2) of this section, or by transfer under §680.41; or until the permit is revoked, suspended, or modified pursuant to §679.43 of this chapter or under 15 CFR part 904. To qualify for a crab QS permit, the applicant must be a U.S. Citizen.
(2) Each unit of Crab QS initially issued under §680.40 for the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one unit of Western Bering Sea Tanner crab (WBT) QS.
(c) Crab PQS permit. (1) Crab PQS is issued by the Regional Administrator to persons who successfully apply for an initial allocation under §680.40 or receive PQS by transfer under §680.41. Once issued, a crab PQS permit is valid until modified under paragraph (c)(2) of this section, or by transfer under §680.41; or until the permit is revoked, suspended, or modified pursuant to §679.43 of this chapter or under 15 CFR part 904.
(2) Each unit of Crab PQS initially issued under §680.40 for the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) PQS and one unit of Western Bering Sea Tanner crab (WBT) PQS.
(d) Crab IFQ permit. (1) A crab IFQ permit authorizes the person identified on the permit to harvest crab in the fishery identified on the permit at any time the fishery is open during the crab fishing year for which the permit is issued, subject to conditions of the permit. A crab IFQ permit is valid under the following circumstances:
(i) Until the end of the crab fishing year for which the permit is issued;
(ii) Until the amount harvested is equal to the amount specified on the permit;
(iii) Until the permit is modified by transfers under §680.41; or
(iv) Until the permit is revoked, suspended, or modified pursuant to §679.43 or under 15 CFR part 904.
(2) A legible copy of the crab IFQ permit must be carried on board the vessel used by the permitted person at all times that IFQ crab are retained on board.
(3) A crab IFQ permit is issued on an annual basis by the Regional Administrator to persons who hold crab QS, of the type specified on the crab QS permit, and who have submitted a complete annual application for crab IFQ/IPQ permit, described at paragraph (f) of this section, that is subsequently approved by the Regional Administrator.
(4) To qualify for a crab IFQ permit, the applicant must be a U.S. Citizen.
(e) Crab IPQ permit. (1) A crab IPQ permit authorizes the person identified on the permit to receive/process the IFQ crab identified on the permit during the crab fishing year for which the permit is issued, subject to conditions of the permit. A crab IPQ permit is valid under the following circumstances:
(i) Until the end of the crab fishing year for which the permit is issued;
(ii) Until the amount received/processed is equal to the amount specified on the permit;
(iii) Until the permit is modified by transfers under §680.41; or
(iv) Until the permit is revoked, suspended, or modified pursuant to §679.43 or under 15 CFR part 904.
(2) A legible copy of the crab IPQ permit authorizing receiving/processing of IFQ crab must be retained on the premises or vessel used by the permitted person to process the IFQ crab at all times that IFQ crab are retained on the premises or vessel.
(3) A crab IPQ permit is issued on an annual basis by the Regional Administrator to persons who hold crab PQS, and who have submitted a complete annual application for crab IFQ/IPQ permit, described at paragraph (f) of this section, that is subsequently approved by the Regional Administrator.
(f) Contents of annual application for crab IFQ/IPQ permit. (1) A complete application must be received by NMFS no later than August 1 of the crab fishing year for which a person is applying to receive IFQ or IPQ. If a complete application is not received by NMFS by this date, that person will not receive IFQ or IPQ for that crab fishing year.
(2) For the application to be considered complete, all fees required by NMFS must be paid, and any EDR required under §680.6 must be submitted to the DCA. In addition, the applicant must include the following information:
(i) Applicant information. Enter applicant's name and NMFS Person ID; applicant's date of birth or, if a non-individual, date of incorporation; applicant's social security number (optional) or tax identification number; applicant's permanent business mailing address and any temporary mailing address the applicant wishes to use; and applicant's business telephone number, facsimile number, and e-mail address.
(ii) Crab IFQ or IPQ permit identification. Indicate the type of crab IFQ or IPQ permit for which applicant is applying by QS fishery(ies) and indicate (YES or NO) whether applicant has joined a crab harvesting cooperative. If YES, indicate cooperative's name and ensure that this application is submitted by the applicant's cooperative with its completed application for an annual crab harvesting cooperative IFQ permit.
(iii) Identification of ownership interests. If the applicant is not an individual, provide the names of all persons, to the individual level, holding an ownership interest in the entity and the percentage ownership each person and individual holds in the applicant.
(iv) Documentation of affiliation. Complete a documentation of affiliation declaring any and all affiliations, as the term “affiliation” is defined at §680.2. A documentation of affiliation includes affirmations by the applicant pertaining to relationships that may involve direct or indirect ownership or control of the delivery of IFQ crab and any supplemental documentation deemed necessary by NMFS to determine whether an affiliation exists. Indicate whether any entity that holds PQS or IPQ is affiliated with the applicant, as affiliation is defined in §680.2. If the applicant is considered affiliated, the applicant must provide a list of all PQS or IPQ holders with which he/she is affiliated, including full name, business mailing address, and business telephone number.
(v) Certification of applicant. The applicant must sign and date the application certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. Print the name of the applicant. If the application is completed by an authorized representative, proof of authorization must accompany the application.
(g) Crab IFQ hired master permit. (1) A crab IFQ hired master permit is issued on an annual basis and authorizes the individual identified on the permit to harvest and land IFQ crab for debit against the specified crab IFQ permit until the crab IFQ hired master permit expires or is revoked, suspended, or modified pursuant to §679.43 or under 15 CFR part 904, or on request of the crab IFQ permit holder.
(2) A legible copy of the crab IFQ hired master permit must be on board the vessel used by the hired master to harvest IFQ crab at all times IFQ crab are retained on board. Except as specified in §680.42, an individual who is issued a crab IFQ hired master permit must remain aboard the vessel used to harvest IFQ crab, specified under that permit, during the crab fishing trip and at the landing site until all crab harvested under that permit are offloaded and the landing report for IFQ crab is completed.
(h) Contents of application for crab IFQ hired master permit. In order for the application to be considered complete, a copy of the USCG Abstract Of Title or Certificate Of Documentation must be included with this application to demonstrate percent of vessel ownership by the IFQ permit holder. A complete application for a crab IFQ hired master permit must include the following information:
(1) Purpose of application. Indicate whether the application is to add or to delete a hired master and identification of crab IFQ permit(s) for which this application is submitted.
(2) IFQ permit holder information. Enter permit holder's name, NMFS Person ID, and social security number (optional) or tax identification number; permit holder's permanent or temporary business mailing address; and permit holder's business telephone number, facsimile number, and e-mail address (if available).
(3) Identification of vessel upon which crab IFQ will be harvested. Enter the vessel's name, ADF&G vessel registration number, and USCG documentation number. Indicate whether (YES or NO) the permit holder has at least a 10 percent ownership interest in the vessel the crab IFQ hired master will use to fish permit holder's IFQ crab. If YES, provide documentation of IFQ permit holder's 10 percent ownership interest.
(4) IFQ hired master permit holder information. Complete a separate section for each crab IFQ hired master. Enter the hired master's name, NMFS Person ID, social security number (optional) or tax identification number, and date of birth; hired master's permanent or temporary business mailing address; and hired master's business telephone number, facsimile number, and e-mail address (if available).
(5) Applicant certification. The applicant must sign and date the application certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. If the application is completed by an authorized representative, then authorization must accompany the application.
(i) RCR permit. (1) An RCR permit is issued on an annual basis. An RCR permit is valid during the crab fishing year for which it is issued until the RCR permit expires or is revoked, suspended, or modified pursuant to §679.43 or under 15 CFR part 904.
(2) An RCR permit is required for any person who receives unprocessed CR crab from the person(s) who harvested the crab, the owner or operator of a vessel that processes CR crab at sea, any person holding IPQ, and any person required to submit a Departure Report under 50 CFR 679.5(l)(4).
(j) Contents of application for RCR permit. For the application to be considered complete, all fees required by NMFS must be paid, and any EDR required under §680.6 must be submitted to the DCA. In addition, the applicant must include the following information:
(1) Purpose of application. Indicate whether the application is a request for a new RCR permit, a renewal of an existing RCR permit, or an amendment to an existing RCR permit. If a renewal of or amendment to an existing RCR permit, include the applicant's RCR permit number.
(2) Applicant identification. Enter applicant's name and NMFS Person ID; applicant's social security number or tax ID number (required); name of contact person for the applicant, if applicant is not an individual; applicant's permanent business mailing address; and business telephone number, facsimile number, and e-mail address (if available).
(3) Type of activity. Select type of receiving or processing activity and whether catcher/processor or shoreside processor.
(4) Individual responsible for submission of EDR. Enter the name of the designated representative submitting the EDR on behalf of the RCR, if an EDR is required at §680.6. If different from the RCR's contact information, also enter the designated representative's business mailing address, telephone number, facsimile number, and e-mail address (if available).
(5) Application certification. The applicant must sign and date the application certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. If the application is completed by an authorized representative, then proof of authorization must accompany the application.
(k) Federal crab vessel permit. The owner of a vessel must have a Federal crab vessel permit on board that vessel when used to fish for CR crab.
(1) A Federal crab vessel permit is issued on an annual basis to the owner of the vessel and is in effect from the date of issuance through the end of the crab fishing year for which the permit was issued, unless it is revoked, suspended, or modified under §600.735 or §600.740.
(2) A Federal crab vessel permit may not be surrendered at any time during the crab fishing year for which it was issued.
(3) A Federal crab vessel permit issued under this paragraph is not transferable or assignable and is valid only for the vessel for which it is issued.
(4) To qualify for a Federal crab vessel permit, the applicant must be a U.S. Citizen.
(5) The holder of a Federal crab vessel permit must submit an amended application for a Federal crab vessel permit within 10 days of the date of change in: the ownership of the vessel (a copy of the current USCG documentation for the vessel showing the change in ownership must accompany the amended application), or the individual responsible for submission of the EDR on behalf of the vessel's owner(s).
(l) Contents of application for federal crab vessel permit. For the application to be considered complete, all fees required by NMFS must be paid, and any EDR required under §680.6 must be submitted to the DCA. Also, if ownership of the vessel has changed or if the permit application for a vessel to which a Federal crab vessel permit has never been issued, a copy of the USCG Abstract Of Title or Certificate Of Documentation. In addition the applicant must include the following information:
(1) Purpose of application. Indicate whether the application is a request for a new permit, a renewal of an existing permit, or an amendment to an existing permit. If a renewal of or amendment to an existing permit, include the current Federal crab vessel permit number.
(2) Contact owner information. The name(s), permanent business mailing address, social security number (voluntary) or tax ID number, business telephone number, business facsimile number, business e-mail address (if available) of all vessel owners, and the name of any person or company (other than the owner) that manages the operation of the vessel.
(3) Vessel information. Enter the vessel's name and home port (city and state); ADF&G processor code, if vessel is a catcher/processor or stationary floating crab processor; whether a vessel of the United States; USCG documentation number; ADF&G vessel registration number; and vessel's LOA (in feet), registered length (in feet), gross tonnage, net tonnage, and shaft horsepower. Indicate all types of operations the vessel may conduct during a crab fishing year.
(4) Designated representative for EDR. Enter the name of the designated representative who is responsible for completion and submission of the EDR, and the representative's business mailing address, telephone number, facsimile number, and e-mail address (if available).
(5) Applicant certification. The applicant must sign and date the application certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. Print the applicant name. If the application is completed by an authorized representative, then authorization must accompany the application.
(m) Annual crab harvesting cooperative IFQ permit. See §680.21.
[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006]
§ 680.5 Recordkeeping and reporting (R&R).
(a) General requirements—(1) Recording and reporting crab. Any CR crab harvested that is retained must be recorded and reported.
(2) Responsibility. (i) The participants in the CR fisheries are responsible for complying with the following R&R requirements:
------------------------------------------------------------------------ Recordkeeping and reporting report Person responsible Reference------------------------------------------------------------------------(A) Longline and pot gear Owner and operator § 679.5(c)(1). catcher vessel daily fishing of vessel. logbook.(B) Longline and pot gear Owner and operator § 679.5(c)(1). catcher/processor daily of vessel. cumulative production logbook.(C) Product Transfer Report Owner and operator § 679.5(g). (PTR). of catcher/ processor; Owner and manager of shoreside processor or SFCP; RCR.(D) U.S. Vessel Activity Report Owner and operator § 679.5(k). (VAR). of vessel.(E) Transhipment Authorization. Owner and operator § 679.5(l)(3). of a catcher/ processor; RCR.(F) IFQ Departure Report....... Owner and operator § 679.5(l)(4). of vessel.(G) CR crab Landing Report..... RCR............... § 680.5(c).(H) Catcher/processor offload Owner and operator § 680.5(e). report. of a catcher/ processor.(I) Eligible Crab Community ECCO.............. § 680.5(f). Organization (ECCO) Annual Report for an Eligible Crab Community (ECC).(J) RCR Fee Submission Form.... RCR............... § 680.5(g).(K) Crab Economic Data Report Owners or § 680.6. (EDR). leaseholders of a catcher vessel, catcher/ processor, shoreside processor, or SFCP.------------------------------------------------------------------------
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(3) Representative. Designation of a representative to complete R&R requirements does not relieve the person(s) responsible for compliance from ensuring compliance with this section.
(4) Submittal of information. A person must submit to NMFS all information, records, and reports required in this section in English and in a legible, timely, and accurate manner, based on A.l.t.; if handwritten or typed, in indelible ink.
(5) Alteration of records. A person may not alter or change any entry or record submitted to NMFS, except that an inaccurate, incomplete, or incorrect entry or record may be corrected after notifying the Regional Administrator at the address and facsimile number listed on each form, or as provided the opportunity on the Internet.
(6) Inspection of records. A person responsible for R&R under paragraph (a)(2) of this section must make available for inspection all reports, forms, scale receipts, and CR crab landing report receipts upon the request of an authorized officer for the time periods indicated in paragraph (a)(7) of this section.
(7) Retention of records. A person responsible for R&R under paragraph (a)(2) of this section must retain all reports and receipts as follows:
(i) On site. Until the end of the crab fishing year during which the records were made and for as long thereafter as crab or crab products recorded in the records are retained onboard the vessel or on site at the facility; and
(ii) For 3 years. For 3 years after the end of the crab fishing year during which the records were made.
(8) Landing verification and inspection. Each CR crab landing and all crab retained on board the vessel making a CR crab landing are subject to verification and inspection by authorized officers.
(9) Sampling. Each CR crab landing and all crab retained onboard a vessel making a CR crab landing are subject to sampling by authorized officers and observers.
(b) CR landing report procedure—(1) Properly debited landing. All retained crab catch must be weighed, reported, and debited from the appropriate IFQ or IPQ account under which the catch was harvested, as appropriate.
(2) An RCR and his or her designee(s) must enter his or her authorized user ID and password to access the IERS.
(3) [Reserved]
(4) The RCR must enter the landing and/or processing data specified under paragraphs (d)(7), (d)(8) or (d)(9) of this section in the Internet submission form(s) or other NMFS-approved method.
(5) Deadloss and personal use crab must be debited from the appropriate CR allocation under which the catch was harvested.
(6) Deadloss and personal use crab that an IPQ holder did not purchase are not required to be debited from the IPQ holder's account.
(7) A properly debited, printed receipt from the IERS or other NMFS-approved reporting method constitutes confirmation that NMFS received the CR crab landing report and that the permit holder's account is properly debited.
(8) The RCR and the crab IFQ permit holder, crab IFQ hired master, IPQ permit holder, or person who harvested Adak or CDQ crab must each sign the printed receipt(s) to indicate that the landing reports are accurate and must enter date signed.
(9) The receipt must be retained as specified under paragraph (a)(7) of this section.
(10) A person who for any reason is unable to properly submit an electronic CR crab landing report or debit a landing as required under paragraph (d) of this section must telephone NMFS (800–304–4846).
(11) The address of the NMFS Alaska Region Internet site will be provided to all RCRs receiving crab.
(c) Interagency electronic reporting system (IERS). Unless an alternative reporting method has been approved by NMFS, an RCR must obtain at his or her own expense: hardware, software, and Internet connectivity to support Internet submissions of the CR crab landing report on the IERS. The IERS will provide a web page where the applicant will enter information.
(1) IERS processor registration. (i) Before an RCR and his or her designee(s) can use the eLandings system to report landings, he/she must request authorization to use the system, reserve a particular user ID, and receive a password. Each RCR and his or her designee(s) must provide information needed to process account access into the IERS by completing an IERS Processor Registration at http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm. Upon receiving the signed registration, the IERS will validate that all required information is submitted, that the information entered is in correct format, and that the requested user ID is not already in use. The IERS will generate a PDF document from the information entered by the applicant.
(ii) The user must print, sign, and submit the application to the address provided on the registration form. A user ID will be activated after a signed registration form is received. The signature of an applicant on the form means that the applicant agrees to use access privileges to the IERS for purposes of submitting legitimate fishery landing reports and to safeguard the user ID and password to prevent their use by unauthorized persons. In addition, signature of the RCR ensures that the applicant is authorized to submit landing reports for the processor permit number(s) listed.
(iii) Agency staff will review the form, confirm that the user should be authorized for the system, and will activate the user on the IERS. The IERS will then send the user an e-mail informing the user that his or her new user ID is ready for use.
(2) Contents of the IERS processor registration. The application for IERS processor registration must contain the following information: Date of application, name of applicant (user), processor name and location (city and state) or vessel name, if applicable, business telephone number, business facsimile number, business e-mail address (if available), requested user ID, initial password, security question, security answer, ADF&G processor code(s), Federal processor permit number, if applicable, and RCR permit number(s).
(d) CR crab landings—(1) Joint and several liability. The RCR and the crab IFQ permit holder, crab IFQ hired master, IPQ permit holder, or person who harvested Adak or CDQ crab are required to provide accurate information to the RCR to complete the CR crab landing report.
(2) Reporting. All CR crab must be reported by the receiving RCR unless the crab has been previously reported.
(i) Reporting by all except catcher/processors. Crab must be reported using the IERS system described in paragraph (c) of this section.
(ii) Reporting by catcher/processors. Catcher/processors may submit CR crab landings by e-mail attachment in a format approved by NMFS.
(3) Submittal requirement. An RCR is required to submit a CR crab landing report to the Regional Administrator for each catcher vessel landing or catcher/processor landing.
(4) Time limits. (i) For CR crab harvested on a catcher/processor, the owner or operator is required to submit a CR crab landing report to NMFS by Tuesday noon after the end of each weekly reporting period in which CR crab was harvested.
(ii) For CR crab landed to an RCR that is not a catcher/processor, the owner or manager is required to submit a CR crab landing report to NMFS within 6 hours after all crab is offloaded from a specific vessel.
(5) Remain at landing site. Except for landings of CR crab processed at sea, once the landing has commenced, neither the harvesting vessel nor the crab IFQ permit holder, crab IFQ hired master, or person who harvested Adak or CDQ crab may leave the landing facility until the CR crab account is properly debited (as described in paragraph (b)(7) of this section).
(6) No movement of CR crab. The landed crab may not be moved from the facility where it was landed until the CR crab landing report is received by the Regional Administrator, and the IFQ permit holder's or IPQ permit holder's account is properly debited (as described in paragraph (b)(7) of this section).
(7) Contents of CR crab landing report. The RCR must accurately enter the following information in a CR crab landing report:
(i) RCR permit number, IFQ permit number, and IPQ permit number, as appropriate;
(ii) ADF&G processor code of first purchaser;
(iii) State of Alaska Interim Use Permit (IUP) number;
(iv) Commercial Fisheries Entry Commission year sequence number;
(v) Indicate (YES or NO) whether a portion of the harvested CR crab was or will be delivered to another RCR (partial delivery);
(vi) Indicate (YES or NO) whether this is the last delivery for the trip;
(vii) Management program: IFQ, CDQ, or Adak. (If CDQ or Adak, see paragraph (d)(9) of this section);
(viii) ADF&G vessel registration number of the delivering vessel;
(ix) Date fishing began;
(x) Date of the CR crab landing;
(xi) Number of pot lifts in each ADF&G statistical area;
(xii) Number of crew, including operator and excluding observer(s);
(xiii) Number of observers;
(xiv) ADF&G fish ticket number (if not automatically supplied);
(xv) If a shoreside processor, type of processing operation; enter port code from Tables 14a or 14b to part 679. If a catcher/processor, enter operation type from Table 14c to part 679;
(xvi) ADF&G statistical area of harvest reported by the IFQ permit holder;
(xvii) Species code of catch from Table 2 to this part;
(xviii) Delivery-condition codes of catch from Table 3a to this part;
(xix) Number of crab retained (optional);
(xx) Price per pound;
(xxi) Sold weight of live crab in pounds;
(xxii) Scale weight of deadloss in pounds;
(xxiii) Scale weight of crab retained for personal use in pounds; and
(xxiv) Gear code to describe gear used to harvest CR crab (see Table 15 to 50 CFR part 679).
(8) Custom processing. In addition to the information required in paragraph (d)(7) of this section, if custom processing CR crab, enter the ADF&G processor code of the person for which the CR crab was custom processed;
(9) CDQ and Adak landings. Instead of the information described in paragraph (d)(7) of this section, an RCR who receives a landing of CR crab harvested under the CDQ or Adak community allocation programs must submit for each landing the following information for each CR fishery and species:
(i) RCR permit number;
(ii) Crab species code from Table 2 to this part;
(iii) Type of crab, either CDQ or Adak community allocation;
(iv) If CDQ, enter CDQ group number;
(v) Crab species amount. Enter the scale weight(s) in raw crab pounds landed or processed at sea; and
(vi) Price per pound.
(e) Catcher/processor offload report. The owner or operator of a catcher/processor that harvested and processed CR crab must complete a catcher/processor offload report at the time of offload of CR crab and attach a scale printout showing gross product offload weight.
(1) Contents of catcher/processor offload report. The catcher/processor offload report must include the following: Name, ADF&G processor code, and Federal crab vessel permit number of the catcher/processor; fishing start date and time; fishing stop date and time; product code from Table 3b to this part; total gross weight of product offload, including glaze and packaging (specify lb or kg); estimated glaze percentage; case count and average box weight (specify lb or kg); net weight of crab product (specify lb or kg); completion date and time of catcher/processor offload; location (port) of catcher/processor offload (see Tables 14a and 14b to part 679); and ADF&G fish ticket numbers.
(2) Submittal. The RCR must submit electronically or by facsimile (907–586–7465) the catcher/processor offload report and a copy of the scale printout within 2 hours of completion of offload to the Regional Administrator.
(f) ECCO Annual Report. (1) Annually by June 30, each ECCO must submit a complete annual report on its crab QS activity for the prior crab fishing year for each ECC represented by the ECCO. The ECCO must submit a copy of the annual report to the governing body of each community represented by the ECCO and to the Regional Administrator, NMFS, Alaska Region; P.O. Box 21668; Juneau, AK 99802.
(2) Contents of ECCO Annual Report. A complete annual report must include the following information for the crab IFQ derived from the QS held by the ECCO:
(i) Name, ADF&G vessel registration number, USCG documentation number, and Federal crab vessel permit of each vessel from which the crab IFQ was harvested;
(ii) Name and business addresses of individuals employed as crew members when fishing the crab IFQ;
(iii) Criteria used by the ECCO to distribute crab IFQ leases among eligible community residents;
(iv) Description of efforts made to ensure that crab IFQ lessees employ crew members who are eligible community residents of the ECC aboard vessels on which crab IFQ derived from QS held by a ECCO is being fished;
(v) Description of the process used to solicit lease applications from eligible community residents of the ECC on whose behalf the ECCO is holding QS;
(vi) Names and business addresses and amount of crab IFQ requested by each individual applying to receive crab IFQ from the ECCO;
(vii) Any changes in the bylaws of the ECCO, board of directors, or other key management personnel;
(viii) Copies of minutes, bylaw changes, motions, and other relevant decision making documents from ECCO board meetings.
(g) RCR fee submission form (See §680.44). (1) Applicability. An RCR who receives any CR crab pursuant to §680.44 or the RCR's authorized representative, must submit a complete RCR fee submission form electronically, by mail, or by facsimile to the Regional Administrator. Mail to: Regional Administrator, NMFS, Alaska Region; Attn: OMI; P.O. Box 21668; Juneau, AK 99802–1668; Facsimile (907–586–7354). Fee submission forms are available from RAM or on the Alaska Region Home Page at http://www.fakr.noaa.gov/.
(2) Due date and submittal. The reporting period of the RCR fee submission form shall be the crab fishing year. An RCR must submit any crab cost recovery fee liability payment(s) and the RCR fee submission form to NMFS electronically or to the address provided at paragraph (g)(1) of this section not later than July 31 following the crab fishing year in which the CR crab landings were made.
(3) Required information. An RCR must accurately record on the RCR fee submission form the following information:
(i) Identification of the RCR. Enter the printed full name, NMFS person ID, RCR permit number, social security number or Federal tax identification number of the RCR. Enter the permanent or temporary business mailing address (indicate whether permanent or temporary), and the business telephone number, facsimile number, and e-mail address (if available).
(ii) Signature of applicant. Enter printed name and signature of applicant and date signed. If authorized representative, attach authorization to application.
(iii) Method of Payment (see §680.44 (a)(4)). The RCR must select the method of payment for fees; whether by personal check, bank certified check (cashier's check), money order, or credit card. If by credit card, the RCR must select the type of credit card and enter the card number, expiration date, amount of payment, name as printed on the card, signature of the card holder, and date of signature.
(h) Product transfer report. (See §679.5(g).)
(i) U.S. Vessel activity report (VAR). (See §679.5(k).)
(j) Transshipment authorization. (See §679.5(l)(3).)
(k) IFQ departure report. (See §679.5(l)(4).)
(l) Catcher vessel longline and pot daily fishing logbook (DFL) and catcher/processor daily cumulative production logbook (DCPL). (See §679.5 (c)).
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005] § 680.6 Crab economic data report (EDR).
Persons participating in the CR crab fisheries are required to submit the EDRs described in this section for various permit applications to be considered complete. Use these tables to complete the EDRs described in this section: Table 1, Crab Rationalization (CR) Fisheries; Table 2, Crab Species Codes; Table 3c, Crab Product Codes for the EDRs; Table 4, Crab Process Codes; Table 5, Crab Size Codes; and Table 6, Crab Grade Codes.
(a) Catcher vessel historical EDR. (1) NMFS will select catcher vessels from a list of known catcher vessels, as determined by NMFS, that made at least one landing from fisheries listed in Table 1 to this part between January 1, 1998, through December 31, 2004, and will publish a Federal Register notice identifying vessels whose existing or former owners and leaseholders are required to submit an EDR, as follows:
(i) Owners or leaseholders of catcher vessels that participated in the BSAI crab fisheries between January 1, 1998, through December 31, 2004, and have received an allocation of QS, PQS, IFQ, or IPQ.
(ii) Owners or leaseholders of catcher vessels that participated in the BSAI crab fisheries between January 1, 1998, through December 31, 2004, that did not qualify for and receive QS, PQS, IFQ, or IPQ, but were participants at any time since January 23, 2004, in the BSAI crab fisheries.
(2) Time limit. The owner or leaseholder of the identified vessels must submit the historical EDR to the DCA 90 days after the Federal Register notice notifying owners or leaseholders, to the address provided on the form.
(3) Instructions. Instructions for submitting a catcher vessel historical EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you were . . . And . . . and submit . . .------------------------------------------------------------------------(i) The catcher vessel owner as (A) You harvested Entire EDR for described in paragraph (a)(1) BSAI crab in the each year that of this section. vessel described BSAI crab was at paragraph harvested. (a)(4)(ii)(B) of this section and were notified by NMFS to submit an EDR for selected years. (B) No one EDR certification harvested BSAI pages. crab in the vessel described at paragraph (a)(4)(ii)(B) of this section and you were notified by NMFS to submit an EDR for selected years. (C) You leased the (1) EDR vessel to another certification party, and pages. harvested no BSAI crab in the vessel described at paragraph (a)(4)(ii)(B) of this section and were notified by NMFS to submit an EDR for selected years. (2) Provide the name, business address, and telephone number of the person to whom you leased the vessel during the NMFS-selected years. (D) You leased the (1) Entire EDR for vessel for a each year that portion of the BSAI crab was year to another harvested. party, but harvested some BSAI crab in the vessel described at paragraph (a)(4)(ii)(B) of this section and were notified by NMFS to submit an EDR for selected years. (2) Provide the name, business address, and telephone number of the person to whom you leased the vessel during the NMFS-selected years.(ii) The leaseholder as You harvested BSAI Entire EDR for described in paragraph (a)(1) crab in the each year that of this section. vessel described BSAI crab was at paragraph harvested. (a)(4)(ii)(B) of this section vessel and were notified by NMFS to submit an EDR for selected years.------------------------------------------------------------------------
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(4) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit the completed EDR certification pages only, and must attest that they meet the conditions exempting them from submitting the EDR, by signing and dating the certification pages (see paragraph (a)(3) of this section).
(ii) The owner, leaseholder, or designated representative must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar year for which the vessel must submit the EDR;
(B) Catcher vessel information. Vessel name, USCG documentation number, ADF&G vessel registration number, crab LLP license number(s), current estimated market value of vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (a)(4)(ii)(C) of this section is the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following information on an EDR:
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, ADF&G Fish ticket number(s), number of days at sea, average crew size (including captain), and number of pots lost (if applicable).
(ii) Crab sales gross revenue. CR fishery code, pounds sold, and gross revenue.
(iii) CDQ crab lease costs. CR fishery code, pounds leased, and total cost of lease. If you did not participate in CDQ fisheries, indicate N/A.
(iv) Crab harvesting labor costs. CR fishery code, number of crew earning shares (excluding captain), total crew share payment, and captain's share payment.
(v) BSAI crab crew residence. For employees that participated in BSAI crab harvesting, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of residence.
(vi) BSAI crab-specific vessel costs. For the fishing year being reported, record insurance premiums (for hull, property and indemnity, and pollution), insurance deductible fees, quantity and cost of pots purchased, line, and other crab fishing gear purchases, pounds and cost of bait by species, gallons and cost of fuel, cost of lubrication and hydraulic fluids, cost of food and provisions for crew, other crew costs, freight costs of supplies shipped to you for the vessel, freight costs for landed crab, storage, observer costs, fish taxes, and other crab-specific costs.
(vii) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate capitalized expenditures for vessel, gear and equipment; repair and maintenance (R&M) expenses for vessel, gear and equipment; and other vessel-specific costs (specify).
(viii) Labor payment details. (A) Indicate with an “X” in the appropriate column whether the following expenses were deducted, directly charged, or not deducted or directly charged from the total revenue before calculating the crew payments in BSAI fisheries: fuel and lubrication, food and provisions, bait, fish tax, observer costs, CDQ fish, freight, gear loss, and other (specify).
(B) Indicate percentage of the net share that was applied to boat share and crew share (including captain).
(ix) Annual totals for all fisheries. For the calendar year, record the total days at sea, gross revenue, round pounds caught (excluding discards), and labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(b) Catcher vessel annual EDR—(1) Requirement. On or before June 28 of each year, any owner or leaseholder of a catcher vessel that landed crab from a CR fishery must submit to the DCA, at the address provided on the form, an EDR for annual data for the previous calendar year. For the year 2005, the annual EDR is due on or before June 28, 2006.
(2) Instructions. Instructions for submitting a catcher vessel annual EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you are . . . And . . . and submit . . .------------------------------------------------------------------------(i) The catcher vessel owner.... (A) You harvested Entire EDR. BSAI crab in the vessel described at paragraph (b)(3)(ii)(B) of this section during this calendar year. (B) No one EDR certification harvested BSAI pages. crab in the vessel described at paragraph (b)(3)(ii)(B) of this section during this year. (C) You leased the (1) EDR vessel to another certification party, and pages. harvested no BSAI crab in the vessel described at paragraph (b)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the vessel during this calendar year. (D) You leased the (1) Entire EDR. vessel for a portion of the year to another party, but harvested some BSAI crab in the vessel described at paragraph (b)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the vessel during this calendar year.(ii) The leaseholder............ You harvested BSAI Entire EDR. crab in the vessel described at paragraph (b)(3)(ii)(B) of this section vessel during this calendar year.------------------------------------------------------------------------
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(3) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit the completed EDR certification pages only, and must attest that they meet the conditions exempting them from submitting the EDR, by signing and dating the certification pages.
(ii) The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar year of reporting year;
(B) Catcher vessel information. Catcher vessel name, USCG documentation number, ADF&G vessel registration number, Federal crab vessel permit number, crab LLP license number(s), current estimated market value of vessel and equipment, and replacement value of vessel and equipment;
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (b)(3)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, ADF&G Fish ticket number(s), number of days at sea, average crew size (including captain), and number of pots lost (if applicable).
(ii) Crab sales, gross revenue. CR fishery code, species code, pounds sold, and gross revenue;
(iii) CDQ and IFQ crab leases. CR fishery code, species code, pounds leased, and total cost of leasing the quota. If you did not participate in CDQ or IFQ fisheries, indicate N/A.
(iv) Crab harvesting labor costs—(A) Standard crew payment (shares) for non-IFQ crew and/or captains. CR fishery code, number of crew earning shares, total crew share payment, and captain's share payment;
(B) Payments to IFQ-holding crew and/or captains. CR fishery code, number of crew contributing IFQ shares, pounds of IFQ contributed by crew, total payment to crew for IFQ and shares (for all crab caught, and residual profit on their IFQ), pounds of IFQ contributed by captain, and payment to captain for IFQ and shares (for all fish caught, and residual profit on their IFQ);
(v) BSAI crab crew residence—(A) Employees with crew license. Record the Alaska Commercial Crew license number or the State of Alaska Commercial Fisheries Entry Commission (CFEC) gear operator permit number, and location of crew residence (city and state);
(B) Employees without crew license. Record the locations where they reside and the number of employees that are from each residential location as follows:
(1) If Alaska, enter primary city of residence;
(2) If state other than Alaska, enter primary state of residence; or
(3) If country other than United States, enter primary country of residence.
(vi) BSAI crab-specific vessel costs. Insurance premiums (hull, property and indemnity, and pollution), insurance deductible fees, pots purchased, line and other gear purchases, pounds and cost of bait by species, gallons and cost of fuel, lubrication and hydraulic fluids, food and provisions for crew, other crew costs, freight costs of supplies shipped to you for the vessel, freight costs for landed crab, storage, observer costs, fish taxes, other crab-specific costs (specify), and fishing cooperative costs.
(vii) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate capitalized expenditures for vessel, gear and equipment (city and state where purchased); R&M expenses for vessel, gear and equipment (city and state where repairs were made); and other vessel-specific costs (specify).
(viii) Labor payment details. (A) Indicate with an “X” in the appropriate column whether the following expenses were deducted, directly charged, or not deducted or directly charged from the total revenue before calculating the crew payments in BSAI crab fisheries: fuel and lubrication, food and provisions, bait, fish tax, observer costs, CDQ fish, IFQ leases, freight, gear loss, and other (specify);
(B) Indicate percentage of the net share that is applied to boat share and crew share (including captain).
(ix) Annual totals for all fisheries. For the calendar year, record the total days at sea, gross revenue, round pounds caught (excluding discards), and labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(c) Catcher/processor historical EDR—(1) Requirement. Any owner or leaseholder of a catcher/processor that harvested or processed BSAI crab in the calendar years 1998, 2001, or 2004 must submit to the DCA, at the address provided on the form, an EDR for historical data for each of the specified calendar years, if they:
(i) Received an allocation of QS, PQS, IFQ, or IPQ under this program;
(ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are participants at any time since January 23, 2004, in the BSAI crab fisheries.
(2) Time limit. Any owner or leaseholder of the catcher/processor described in paragraph (c)(4)(ii)(B) of this section must submit the historical EDR to the DCA by June 30, 2005, at the address provided on the form.
(3) Instructions. Instructions for submitting a catcher/processor historical EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you were . . . And . . . and submit . . .------------------------------------------------------------------------(i) The catcher/processor owner (A) You processed Entire EDR for described in paragraph of this BSAI crab in the each year that section. vessel described BSAI crab was at paragraph processed. (c)(4)(ii)(B) of this section during 1998, 2001, or 2004. (B) No one EDR certification processed BSAI pages for each crab in the year that no one vessel described processed BSAI at paragraph crab. (c)(4)(ii)(B) of this section during 1998, 2001, or 2004. (C) You leased (1) EDR your catcher/ certification processor to pages. another party, and processed no BSAI crab in the vessel described at paragraph (c)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, business address, and telephone number of the person to whom you leased the catcher/ processor during 1998, 2001, or 2004. (D) You leased (1) Entire EDR for your catcher/ each year that processor for a BSAI crab was portion of the processed. year to another party, but processed some BSAI crab in the vessel described at paragraph (c)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, business address, and telephone number of the person to whom you leased the catcher/ processor during 1998, 2001, or 2004.(ii) The leaseholder described You processed BSAI Entire EDR for in paragraph (c)(1) of this crab in the each year that section. vessel described BSAI crab was at paragraph processed. (c)(4)(ii)(B) of this section during 1998, 2001, or 2004.------------------------------------------------------------------------
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(4) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification page either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not process BSAI crab in 1998, 2001, or 2004, he or she must submit the completed EDR certification pages only, and must attest that he or she meets the conditions exempting him or her from submitting the EDR, by signing and dating the certification pages, for each year of 1998, 2001, or 2004 that this applies.
(ii) The owner or leaseholder must submit the following information on the certification pages;
(A) Calendar year of EDR. Calendar year corresponding to 1998, 2001, or 2004;
(B) Catcher/processor information. Catcher/processor name, USCG documentation number, ADF&G processor code, crab LLP license number(s), current estimated market value of vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (c)(4)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code; dates covered (beginning and ending day, month and year); number of days at sea; number of crab processing days, and number of pots lost (if applicable).
(ii) BSAI crab production. CR fishery code, raw crab pounds, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (yes or no).
(iii) Crab harvesting labor costs. CR fishery code, number of crew earning shares, total crew share payment, and captain's share payment.
(iv) Crab processing labor costs. CR fishery code, number of crew with pay determined by processing work, average number of crab processing positions, and total processing labor payment.
(v) BSAI crab crew residence. For employees that participated in BSAI crab harvesting and processing, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence;
(B) If state other than Alaska, enter primary state of residence;
(C) If country other than United States, enter primary country of residence;
(vi) BSAI crab custom processing done for you. CR fishery code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(vii) Raw crab purchases from delivering vessels. CR fishery code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(viii) CDQ Crab Costs (leases). CR fishery code, pounds leased, and total cost. If you did not participate in CDQ or IFQ fisheries, indicate N/A.
(ix) Annual BSAI crab sales. Record the following information on crab sales to affiliated entities and to unaffiliated entities: species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(x) BSAI crab-specific vessel costs. Insurance premiums (hull, property and indemnity, and pollution); insurance deductible fees; total of fisheries taxes which includes the Alaska fisheries business tax, Alaska fisheries resource landing tax, SMAA taxes, and other local sales tax on raw fish; pots purchased (quantity and cost); line and other crab fishing gear purchases; bait (by each CR fishery code, species, pounds and cost); fuel (by CR fishery code, gallons and cost); lubrication and hydraulic fluids; food and provisions for crew; other crew costs; processing and packaging materials, equipment and supplies; re-packing costs, broker fees and promotions for BSAI crab sales (by CR fishery code); observer costs (by CR fishery code); freight costs for supplies to the vessel; freight and handling costs for processed crab products from the vessel; product storage; gear storage; and other crab-specific costs (specify).
(xi) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate capitalized expenditures for vessel, gear and equipment; R&M expenses for vessel, gear and equipment (city and state where repairs were made); number of employees and salaries for foremen, managers, and other employees not included in direct labor costs; and other vessel-specific costs (specify).
(xii) BSAI crab custom processing performed for others. CR Fishery code, product code, process code, and processing revenue.
(xiii) Annual totals for all fisheries. For the calendar year, record the total processing days, total days at sea, gross revenue, finished pounds processed, round pounds caught (excluding discards), and labor costs for your fishing and processing activities in all fisheries in which you participated (crab, groundfish, etc.).
(xiv) Labor payment details. (A) Indicate with an “X” in the appropriate column whether the following expenses were deducted, directly charged, or not deducted or directly charged from the total revenue before calculating the crew payments in BSAI fisheries: fuel and lubrication, food and provisions, bait, fish tax, observer costs, CDQ fish, freight, gear loss, and other (specify).
(B) Indicate percentage of the net share that was applied to boat share and harvesting crew share (including captain).
(C) If processing workers were paid on a share system, indicate percentage of the net share (if applicable) that was applied to processing workers based on product value or net share.
(d) Catcher/processor annual EDR—(1) Requirement. On or before June 28 of each year, any owner or leaseholder of a catcher/processor that landed or processed crab from a CR fishery must submit to the DCA, at the address provided on the form, an EDR for annual data for the previous calendar year. For the year 2005, the annual EDR is due on or before June 28, 2006.
(2) Instructions. Instructions for submitting a catcher/processor annual EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you are . . . And . . . and submit . . .------------------------------------------------------------------------(i) The catcher/processor owner. (A) You processed Entire EDR. BSAI crab in the vessel described at paragraph (d)(3)(ii)(B) of this section during this calendar year. (B) No one EDR certification processed BSAI pages. crab in the vessel described at paragraph (d)(3)(ii)(B) of this section during this calendar year. (C) You leased all (1) EDR of your IPQ to certification another party, pages. and processed no BSAI crab in the vessel described at paragraph (d)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year. (D) You leased (1) Entire EDR. portions of your IPQ to another party, but processed some BSAI crab in the vessel described at paragraph (d)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year.(ii) The leaseholder described You processed BSAI Entire EDR. in paragraph (d)(1) of this crab in the section. described in vessel described at paragraph paragraph (d)(3)(ii)(B) of this section this section during this calendar year.------------------------------------------------------------------------
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(3) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit the completed EDR certification pages only, and must attest that they meet the conditions exempting them from submitting the EDR, by signing and dating the certification pages.
(ii) The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar year for the reporting year;
(B) Catcher/processor information. Catcher/processor name, USCG documentation number, ADF&G processor code, RCR permit number, crab LLP license number(s), current estimated market value of vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (d)(3)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, dates covered (beginning and ending day, month and year), number of days at sea, number of crab processing days, and number of pots lost (if applicable).
(ii) BSAI crab production. CR fishery code, species code, raw crab pounds, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (Yes or No).
(iii) Harvesting labor costs. Record the following information for crew if they harvest crab only, or harvest and process crab.
(A) Standard crew payment (shares) for non-IFQ contributing crew and/or captains. CR fishery code, number of crew earning shares, total crew share payment, and captain's share payment.
(B) Payments to IFQ-holding crew and/or captains. CR fishery code, number of crew contributing IFQ shares, pounds of IFQ contributed by crew, total payment to crew for IFQ and shares, pounds of IFQ contributed by captain, and payment to captain for IFQ and shares.
(iv) Crab processing labor costs. CR fishery code, number of crew with pay determined by processing work, average number of crab processing positions, and total processing labor payment.
(v) BSAI crab crew residence—(A) Employees with crew license. Record the Alaska Commercial Crew license number or the State of Alaska Commercial Fisheries Entry Commission (CFEC) gear operator permit number, and location of crew residence (city and state);
(B) Employees without crew license. Record the locations where they reside and the number of employees that are from each residential location as follows:
(1) If Alaska, enter primary city of residence;
(2) If state other than Alaska, enter primary state of residence; or
(3) If country other than United States, enter primary country of residence.
(vi) BSAI crab custom processing done for you. CR fishery code, species code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(vii) Raw crab purchases from delivering vessels. CR fishery code, species code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(viii) CDQ and IFQ crab costs (leases). For CDQ and IFQ leases enter CR fishery code, species code, pounds leased, and total cost. If you did not participate in CDQ or IFQ fisheries, indicate N/A.
(ix) Annual BSAI crab sales. For affiliated entities and unaffiliated entities enter species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(x) BSAI crab-specific vessel costs. Insurance premiums (hull, property and indemnity, and pollution); insurance deductible fees; total of fisheries taxes which include the Alaska fisheries business tax, Alaska fisheries resource landing tax, SMAA taxes, and other local sales tax on raw fish; pots purchased by city and state (quantity and cost); line and other crab fishing gear purchases by city, state, and cost; bait (by each CR fishery code by city and state, species, pounds, and cost); fuel in gallons and cost by CR fishery code, city and state; lubrication and hydraulic fluids by city and state; food and provisions for crew; other crew costs; processing and packaging materials, equipment and supplies by city and state; re-packing costs; broker fees and promotions for BSAI crab sales (by CR fishery code); observer costs (by CR fishery code); freight costs for products to the vessel; freight and handling costs for processed crab products from the vessel; product storage; gear storage; other crab-specific costs (specify), and fishing cooperative costs.
(xi) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate capitalized expenditures for vessel, gear and equipment (city and state where purchased); R&M expenses for vessel, gear and equipment (city and state where repairs were made); number of employees and salaries for foremen, managers and other employees not included in direct labor costs; and other vessel-specific costs (specify).
(xii) BSAI crab custom processing performed for others. CR fishery code, species code, product code, process code, and processing revenue.
(xiii) Annual totals for all fisheries. For the calendar year, record the total processing days, total days at sea, gross revenue, finished pounds processed, round pounds caught (excluding discards), and labor costs for your fishing and processing activities in all fisheries in which you participated (crab, groundfish, etc.).
(xiv) Labor payment details. (A) Indicate with an “X” in the appropriate column whether the following expenses were deducted, directly charged, or not deducted or directly charged from the total revenue before calculating the crew payments in BSAI fisheries: fuel and lubrication, food and provisions, bait, fish tax, observer costs, CDQ fish, IFQ leases, freight, gear loss, and other (specify).
(B) Indicate percentage of the net share that is applied to boat share and harvesting crew share (including captain).
(C) If processing workers are paid on a share system, indicate percentage of the net share (if applicable) that is applied to processing workers based on product value or net share.
(e) Stationary floating crab processor (SFCP) historical EDR—(1) Requirement. Any owner or leaseholder of an SFCP that processed CR crab in the calendar years 1998, 2001, or 2004 must submit to the DCA, at the address provided on the form, an EDR for historical data for each of the specified calendar years, if they:
(i) Received an allocation of QS, PQS, IFQ, or IPQ under this program;
(ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are participants at any time since January 23, 2004, in the BSAI crab fisheries.
(2) Time limit. Any owner or leaseholder of the SFCP described in paragraph (e)(4)(ii)(B) of this section must submit the historical EDR to the DCA by June 30, 2005, at the address provided on the form.
(3) Instructions. Instructions for submitting an SFCP historical EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you were . . . And . . . and submit . . .------------------------------------------------------------------------(i) The SFCP owner described in (A) You processed Entire EDR for paragraph (e)(1) of this BSAI crab in the each year that section. SFCP described at BSAI crab was paragraph processed. (e)(4)(ii)(B) of this section during 1998, 2001, or 2004. (B) No one EDR certification processed BSAI pages for each crab in the SFCP year that no one described at processed BSAI paragraph crab. (e)(4)(ii)(B) of this section during 1998, 2001, 2004. (C) You leased (1) EDR your SFCP to certification another party, pages. and processed no BSAI crab in the SFCP described at paragraph (e)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the SFCP during 1998, 2001, or 2004. (D) You leased (1) Entire EDR for your SFCP a each year that portion of the BSAI crab was time to another processed. party, but processed some BSAI crab in the SFCP described at paragraph (e)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the SFCP during 1998, 2001, or 2004.(ii) The leaseholder described You operated the Entire EDR for in paragraph (e)(1) of this SFCP described at each year that section. paragraph BSAI crab was (e)(4)(ii)(B) of processed. this section and processed some BSAI crab during 1998, 2001, or 2004.------------------------------------------------------------------------
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(4) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not process BSAI crab in 1998, 2001, or 2004, he or she must submit the completed EDR certification pages only, and must attest that he or she meets the conditions exempting him or her from submitting the EDR, by signing and dating the certification pages, for each year of 1998, 2001, or 2004 that this applies.
(ii) The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar years corresponding to 1998, 2001, or 2004;
(B) SFCP information. SFCP name, USCG documentation number, ADF&G processor code, current estimated market value of vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint a designated representative, who is an individual for responding to questions on the EDR, and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing this report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (e)(4)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, business telephone number, facsimile number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, number of crab processing days, dates covered (beginning and ending day, month and year), raw crab pounds purchased, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number of crab positions, total man-hours, and total labor payment.
(iii) BSAI Crab crew residence. For employees that participated in BSAI crab processing, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of residence.
(iv) BSAI crab custom processing done for you. CR fishery code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. Record the following information on crab sales to affiliated entities and to unaffiliated entities: species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(vii) BSAI crab-specific vessel data. Total of fisheries taxes which include the Alaska fisheries business tax, SMAA taxes, and other local sales tax on raw fish; processing and packaging materials, equipment, and supplies; food and provisions; other costs for direct crab labor; insurance deductible fees; re-packing costs; broker fees and promotions for BSAI crab sales (by CR fishery code); observer costs (by CR fishery code); freight costs for supplies to the vessel; freight and handling costs for processed crab products from the vessel; product storage; and other crab-specific costs (specify).
(viii) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate capitalized expenditures for vessel, gear and equipment; R&M expenses for vessel, gear and equipment (city and state where repairs were made); number of employees and salaries for foremen, managers and other employees not included in direct labor costs; and other vessel-specific costs (specify).
(ix) BSAI crab custom processing performed for others. CR fishery code, product code, process code, and processing revenue.
(x) Annual totals for all fisheries. For the calendar year, record the total processing days, gross revenue, finished pounds processed, and processing labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(f) Stationary floating crab processor (SFCP) annual EDR—(1) Requirement. On or before June 28 of each year, any owner or leaseholder of an SFCP that processed crab from a CR fishery must submit to the DCA, at the address provided on the form, an EDR for annual data for the previous calendar year. For the year 2005, the annual EDR is due on or before June 28, 2006.
(2) Instructions. Instructions for submitting an SFCP annual EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you are . . . And . . . and submit . . .------------------------------------------------------------------------(i) The SFCP owner.............. (A) You processed Entire EDR. BSAI crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this calendar year. (B) No one EDR certification processed BSAI pages. crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this calendar year. (C) You leased all (1) EDR of your IPQ to certification another party and pages. processed no BSAI crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year. (D) You leased a (1) Entire EDR. portion of your IPQ to another party, but processed some BSAI crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year.(ii) The leaseholder described You operated the Entire EDR. in paragraph (f)(1) of this SFCP described at section. paragraph (f)(3)(ii)(B) of this section and processed some BSAI crab during this paragraph calendar year.------------------------------------------------------------------------
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(3) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit the completed EDR certification pages only, and must attest that they meet the conditions exempting them from submitting the EDR, by signing and dating the certification pages (see paragraph (e)(2) of this section).
(ii) The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar year of the reporting year;
(B) SFCP information. SFCP name, USCG documentation number, ADF&G processor code, RCR permit number, current estimated market value of vessel and equipment, and replacement value of vessel and equipment.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available).
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (f)(3)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(4) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, number of crab processing days, dates covered (beginning and ending day, month and year), raw crab pounds purchased, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number of crab processing positions, total man-hours, and total processing labor payment.
(iii) BSAI Crab employee residence. For employees that participated in BSAI crab processing, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of residence.
(iv) BSAI crab custom processing done for you. CR fishery code, species code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code, species code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and unaffiliated entities enter species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(vii) BSAI crab-specific vessel costs. Total of fisheries taxes which includes the Alaska fisheries business tax, SMAA taxes, and other local sales tax on raw fish; processing and packaging materials, equipment and supplies by city and state; food and provisions; other costs for direct crab labor; insurance deductible fees; re-packing costs; broker fees and promotions for BSAI crab sales (by CR fishery code); observer costs (by CR fishery code); freight costs for supplies to the vessel; freight and handling costs for processed crab products from the vessel; product storage; and other crab-specific costs (specify).
(viii) Vessel-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all fishing activities. Indicate fuel, electricity, lubrication and hydraulic fluids; capitalized expenditures for vessel, gear and equipment (city and state where purchased); R&M for vessel, gear and equipment (city and state where repairs were made); number of employees and salaries for foremen, managers and other employees not included in direct labor costs; and other vessel-specific costs (specify).
(ix) BSAI crab custom processing performed for others. CR fishery code, species code, product code, process code, and processing revenue.
(x) Annual totals for all fisheries. For the calendar year, record the total processing days, gross revenue, finished pounds processed, and labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(g) Shoreside processor historical EDR—(1) Requirement. Any owner or leaseholder of a shoreside processor who processed CR crab in the calendar years 1998, 2001, or 2004 must submit to the DCA, at the address provided on the form, an EDR for historical data for each of the specified calendar years, if they:
(i) Received an allocation of QS, PQS, IFQ, or IPQ under this Program;
(ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are participants at any time since January 23, 2004, in the BSAI crab fisheries.
(2) Time limit. Any owner or leaseholder of the shoreside processor described in paragraph (g)(4)(ii)(B) of this section must submit the historical EDR to the DCA by June 30, 2005, at the address provided on the form.
(3) Instructions. Instructions for submitting a shoreside processor historical EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you are . . . And . . . and submit . . .------------------------------------------------------------------------(i) The shoreside processor (A) You processed Entire EDR for owner described in paragraph BSAI crab in the each year that (g)(1) of this section. plant described BSAI crab was at paragraph processed. (g)(4)(ii)(B) of this section during 1998, 2001, or 2004. (B) No one EDR certification processed BSAI pages for each crab in the plant year that no one described at processed BSAI paragraph crab. (g)(4)(ii)(B) of this section during 1998, 2001, or 2004. (C) You leased (1) EDR your shoreside certification processor to pages. another party, and processed no BSAI crab in the plant described at paragraph (g)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the shoreside processor during 1998, 2001, or 2004. (D) You leased (1) Entire EDR for your shoreside each year that processor for a BSAI crab was portion of the processed. time to another party, but processed some BSAI crab in the plant described at paragraph (g)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the shoreside processor during 1998, 2001, or 2004.(ii) The leaseholder described You operated the Entire EDR for in paragraph (g)(1) of this plant described each year that section. at (g)(4)(ii)(B) BSAI crab was of this section processed. and processed some BSAI crab during 1998, 2001, or 2004.------------------------------------------------------------------------
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(4) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. If the owner or leaseholder did not process BSAI crab in 1998, 2001, or 2004, he or she must submit the completed EDR certification pages only, and must attest that he or she meets the conditions exempting him or her from submitting the EDR, by signing and dating the certification pages for each year of 1998, 2001, or 2004 that this applies;
(ii) Required information. The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar years corresponding to 1998, 2001, or 2004;
(B) Shoreside processor information. Shoreside processor name, ADF&G processor code, physical location of land-based plant (street address, city, state, zip code), borough assessed value of plant and equipment, year assessed, and current estimated market value of plant and equipment;
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing the report, check the correct box. If the name and address of the owner provided in paragraph (g)(4)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(5) EDR. The owner or leaseholder must record the following information on an EDR.
(i) BSAI crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, number of crab processing days, dates covered (beginning and ending day, month and year), raw crab pounds purchased, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number of crab processing positions, total man-hours, and total processing labor payment.
(iii) BSAI Crab crew residence. For employees that participated in BSAI crab processing, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of residence.
(iv) BSAI crab custom processing done for you. CR fishery code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and unaffiliated entities enter species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(vii) BSAI crab-specific plant costs. Total fisheries taxes which include the Alaska fisheries business tax, SMAA taxes, and other local sales tax on raw fish; processing and packaging materials, equipment and supplies; food and provisions; other costs for direct crab labor; insurance deductible fees; re-packing costs, broker fees and promotions for BSAI crab sales by CR fishery code; observer costs by CR fishery code; freight costs for supplies to the plant; freight and handling costs for processed crab products from the plant; product storage; water, sewer, and waste disposal; and other crab specific costs (specify).
(viii) Plant-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all vessel activities: fuel, electricity, lubrication, and hydraulic fluids; capitalized expenditures for plant, and equipment; R&M for existing plant and equipment; number of employees and salaries for foremen, managers and other employees not included in direct labor costs; and other plant-specific costs (specify).
(ix) BSAI crab custom processing done for others. CR fishery code, product code, process code, and processing revenue.
(x) Annual totals for all fisheries. For the calendar year, record the total processing days, gross revenue, finished pounds processed, and labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(h) Shoreside processor annual EDR—(1) Requirement. On or before June 28 of each year, any owner or leaseholder of a shoreside processor that processed crab from a CR fishery must submit to the DCA, at the address provided on the form, an EDR for annual data for the previous year. For the year 2005, the annual EDR is due on or before June 28, 2006.
(2) Instructions. Instructions for submitting a shoreside processor annual EDR and certification page are specified in the following table:
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------------------------------------------------------------------------ You must complete If you are . . . And . . . and submit . . .------------------------------------------------------------------------(i) The shoreside processor (A) You processed Entire EDR. owner. BSAI crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this calendar year. (B) No one EDR certification processed BSAI pages. crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this calendar year. (C) You leased all (1) EDR of your IPQ to certification another party, pages. and processed no BSAI crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year. (D) You leased (1) Entire EDR. portions of your IPQ to another party, but processed some BSAI crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this calendar year. (2) Provide the name, address, and telephone number of the person to whom you leased the IPQ during this calendar year.(ii) The leaseholder described You operated the Entire EDR. in paragraph (h)(1) of this plant described section. at paragraph (h)(3)(ii)(B) of this section and processed some BSAI crab during this calendar year.------------------------------------------------------------------------
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(3) EDR certification pages. (i) The owner or leaseholder must submit the EDR certification pages either:
(A) As part of the entire EDR. The owner or leaseholder must submit the completed EDR certification pages as part of the entire EDR and must attest to the accuracy and completion of the EDR by signing and dating the certification pages; or
(B) As a separate document. The owner or leaseholder must submit the completed EDR certification pages only, and must attest that they meet the conditions exempting them from submitting the EDR, by signing and dating the certification pages.
(ii) The owner or leaseholder must submit the following information on the certification pages:
(A) Calendar year of EDR. Calendar year for the reporting year;
(B) Shoreside processor information. Shoreside processor name, RCR permit number, ADF&G processor code, physical location of land-based plant (street address, city, state, zip code), borough assessed value of plant and equipment, current estimated market value of plant and equipment, and year assessed.
(C) Owner information. Name of company, partnership, or sole proprietorship and business telephone number, facsimile number, and e-mail address (if available);
(D) Designated representative. Any owner or leaseholder may appoint a designated representative who is an individual for responding to questions on the EDR and must ensure that the designated representative complies with the regulations in this part. The designated representative is the primary contact person for the DCA on issues relating to data required in the EDR.
(E) Person completing the report. (1) Indicate whether the person completing this report is the owner, leaseholder, or designated representative;
(2) If the owner is the person completing this report, check the correct box. If the name and address of the owner provided in paragraph (h)(3)(ii)(C) of this section are the same as the name and address of the person completing the EDR, the information does not need to be repeated here; and
(3) Name of person, title, and business telephone number, facsimile number, and e-mail address (if available).
(4) EDR.The owner or leaseholder must record the following information on an EDR.
(i) BSAI Crab activity chart. Complete a crab activity chart by entering the following information: CR fishery code, number of crab processing days, dates covered (beginning and ending day, month and year), raw crab pounds purchased, product code, process code, crab size, crab grade, box size, finished pounds, and whether custom processed (Yes or No).
(ii) Crab processing labor costs. CR fishery code, average number of crab processing positions, total man-hours, and total processing labor payment.
(iii) BSAI Crab employee residence. For employees that participated in BSAI crab processing, record the locations where they reside and the number of employees that are from each residential location, as follows:
(A) If Alaska, enter primary city of residence.
(B) If state other than Alaska, enter primary state of residence.
(C) If country other than United States, enter primary country of residence.
(iv) BSAI crab custom processing done for you. CR fishery code, species code, raw crab pounds supplied to custom processors, raw crab pounds purchased from custom processors, product code, process code, crab size, crab grade, box size, finished pounds, and processing fee.
(v) Raw crab purchases from delivering vessels. CR fishery code, species code, crab size, crab grade, raw crab pounds purchased, and gross payment.
(vi) Annual BSAI crab sales. For affiliated entities and unaffiliated entities enter species code, product code, process code, crab size, crab grade, box size, finished pounds, and FOB Alaska Revenues.
(vii) BSAI crab-specific plant costs. Total of fisheries taxes which include the Alaska fisheries business tax, SMAA taxes, and other local sales tax on raw fish; processing and packaging materials, equipment and supplies by city and state; food and provisions; other costs for direct crab labor; insurance deductible fees; re-packing costs; broker fees and promotions for BSAI crab sales by CR fishery code; observer costs by CR fishery code; freight costs for supplies to the plant; freight and handling costs for processed crab products from the plant; product storage; water, sewer, and waste disposal; and other crab specific costs (specify).
(viii) Plant-specific costs. Record the total annual costs for each category. If the reported total cost is not exclusively for BSAI crab operations, place an “X” in the COST RELATED TO MORE THAN JUST CRAB FISHING column. The agency or contracted analyst will prorate this amount over all plant activities: fuel, electricity, lubrication, and hydraulic fluids; capitalized expenditures for plant and equipment by city and state; R&M for existing plant and equipment by city and state; number of employees and salaries for foremen, managers and other employees not included in direct labor costs; and other plant-specific costs (specify).
(ix) BSAI crab custom processing performed for others. CR fishery code, species code, product code, process code, and processing revenue.
(x) Annual totals for all fisheries. For the calendar year, record the total processing days, gross revenue, finished pounds processed, and labor costs for your fishing activities in all fisheries in which you participated (crab, groundfish, etc.).
(i) Verification of data. (1) The DCA shall conduct verification of information with the owner or leaseholder.
(2) The owner or leaseholder must respond to inquiries by the DCA within 20 days of the date of issuance of the inquiry.
(3) The owner or leaseholder must provide copies of additional data to facilitate verification by the DCA. The DCA auditor may review and request copies of additional data provided by the owner or leaseholder, including but not limited to: previously audited or reviewed financial statements, worksheets, tax returns, invoices, receipts, and other original documents substantiating the data.
(j) DCA authorization. The DCA is authorized to request voluntary submission of economic data specified in this section from persons who are not required to submit an EDR under this section.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 71 FR 38114, July 5, 2006] § 680.7 Prohibitions.
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) Receiving and processing CR crab. (1) Process any CR crab that has not been weighed by an RCR on:
(i) A scale approved by the State in which the RCR is located and that meets the requirements described in §680.23(f); or
(ii) Onboard a catcher/processor RCR on a scale approved by NMFS as described in §680.23(e).
(2) Receive CR crab harvested under an IFQ permit in any region other than the region for which the IFQ permit is designated.
(3) Use IPQ on board a vessel outside of the territorial sea or internal waters of the State of Alaska.
(4) Use IPQ in any region other than the region for which the IPQ is designated.
(5) Receive any crab harvested under a Class A IFQ permit in excess of the total amount of unused IPQ held by the RCR.
(6) Receive crab harvested under a Class B IFQ permit on a vessel if that vessel was used to harvest and process any crab in that crab QS fishery during the same crab fishing season.
(7) For an IPQ holder to use more IPQ crab than the maximum amount of IPQ that may be held by that person. Use of IPQ includes all IPQ held by that person and all IPQ crab that are received by any RCR at any shoreside crab processor or stationary floating crab processor in which that IPQ holder has a 10 percent or greater direct or indirect ownership interest.
(8) For a shoreside crab processor or stationary floating crab processor that does not have at least one owner with a 10 percent or greater direct or indirect ownership who also holds IPQ in that crab QS fishery, to be used to receive in excess of 30 percent of the IPQ issued for that crab fishery.
(b) Landing CR crab. (1) Remove retained and unprocessed CR crab from a vessel at any location other than to an RCR operating under an approved catch monitoring plan as described in §680.23(g) unless that crab is accompanied by a signed landing receipt showing the crab was properly landed.
(2) Remove any CR crab processed at sea from any vessel before completing a landing report, as defined at §680.5(c), for all such CR crab onboard.
(3) Resume fishing for CR crab or take CR crab on board a vessel once a landing has commenced and until all CR crab are landed.
(4) Fail to remove all processed crab harvested under a CPO or a CPC IFQ permit to an onshore location within the United States, accessible by road or regularly scheduled air service, and to weigh that crab product on a scale approved by the State in which the crab is weighed.
(5) Make an IFQ crab landing except by an individual who holds either a crab IFQ permit or a crab IFQ hired master permit issued under §680.4 in his or her name.
(6) Make an IFQ crab landing without the following on board: a copy of the crab IFQ permit to be debited for the landing; and, if applicable, a copy of the crab IFQ hired master permit issued under §680.4 in the name of the person making the landing.
(7) For a Crab IFQ hired master to make an IFQ crab landing on any vessel other than the vessel named on the Crab IFQ hired master permit.
(c) Harvest crab. (1) Harvest any CR crab with any vessel not named on a valid Federal crab vessel permit.
(2) Harvest CR crab with any vessel that does not use functioning VMS equipment as required by §680.23.
(3) Harvest on any vessel more IFQ crab than are authorized under §680.42.
(4) Harvest crab under a CVC or a CPC IFQ permit unless the person named on the IFQ permit is on board that vessel.
(5) Harvest crab under a CPO or CPC permit unless all scales used to weigh crab, or used by an observer for sampling crab, have passed an inseason scale test according to §680.23(e)(1).
(d) Recordkeeping and reporting. (1) Fail to submit information on any report, application, or statement required under this part.
(2) Submit false information on any report, application, or statement required under this part.
(e) Permits. (1) Retain IFQ crab without a valid crab IFQ permit for that fishery on board the vessel.
(2) Retain IFQ crab on a vessel in excess of the total amount of unharvested crab IFQ, for a crab QS fishery, that is currently held by all crab IFQ permit holders or Crab IFQ Hired Masters aboard that vessel.
(f) IPQ. Use IPQ as collateral or otherwise leverage IPQ to acquire an ownership interest in Class B IFQ.
(g) General. (1) Possess, buy, sell, or transport any crab harvested or landed in violation of any provision of this part.
(2) Violate any other provision under this part.
(h) Inseason action. Conduct any fishing contrary to notification of inseason action closure, or adjustment issued under §680.22.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005] § 680.8 Facilitation of enforcement.
See §600.730 of this chapter. § 680.9 Penalties.
(a) Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Act, or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal penalty provisions, permit sanctions, and civil forfeiture provisions of the Magnuson-Stevens 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 PQS, QS, IPQ, IFQ, Crab IFQ hired master, Federal crab vessel permit, or RCR permits.
(b) In the event a holder of any IPQ is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the antitrust laws, to have violated any of the provisions of antitrust laws in the conduct of the licensed activity, the Secretary of Commerce may revoke all or a portion of such IPQ. The antitrust laws of the United States include, but are not limited to, the following Acts:
(1) The Sherman Act, 15 U.S.C. 1–7;
(2) The Wilson Tariff Act, 15 U.S.C. 8–11;
(3) The Clayton Act, 15 U.S.C. 12–27; and
(4) The Federal Trade Commission Act, 15 U.S.C. 12 and 45(a).
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