§ 662.5(e). Nonreduction fishing shall not resume until a new total harvest quota is announced under § 662.3.

(d) All anchovies harvested for nonreduction purposes in the PAFA and adjacent territorial sea shall be counted toward the total harvest quota.

§ 662.7 Catch report.

Data regarding fishing vessels, fishing activities, landings, and processing activities required by the fishery management plan for the reduction and nonreduction fisheries are collected by the State of California under existing State data collection provisions. No additional reports will be required of fishermen or processors as long as the data collection and reporting systems operated by the State of California continue to provide the Secretary with statistical information adequate for management. Reporting requirements may be promulgated by emergency regulations if this reporting system becomes inadequate for management purposes.

§ 662.8 General restrictions.

The following restrictions apply to all anchovy fishing in subareas A and B:

(a) No person shall fish for anchovies: (1) During any applicable closed season or in any applicable closed area specified in this part; or

(2) During any applicable closure specified in this part; or

(2) Forcibly assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in enforcing provisions of this part;

(3) Resist a lawful arrest for any act prohibited by this part; or

(4) Interfere with, delay, or prevent, by any means, the apprehension or arrest of another person knowing that such person has committed any act prohibited by this part.

(e) The operator of each fishing vessel shall immediately comply with instructions issued by authorized officers to facilitate safe boarding and inspection of the vessel for purposes of enforcing the act and this part.

(3) Aboard a vessel which has not filed an applicable declaration of intent with the State of California as specified in this part.

(b) No person shall land any anchovy of less than minimum length, except as specified in this part.

(c) No person shall possess, have custody or control of, ship, transport, offer for sale, sell, purchase, import, export, or land, any anchovy which was taken in violation of the act, this part, or any other regulation issued under the act.

(d) No person shall: (1) Refuse to permit an authorized officer to board a fishing vessel subject to such person's control for purposes of enforcement of this act, this part, or any other regulation issued under the act.

680.6

Reports and records.

[Reserved]

680.7 Pacific areas and species. 680.8 Reports and records.

AUTHORITY: Fishery Conservation Zone Transition Act, Pub. L. 95-6.

SOURCE: 42 FR 42216, Aug. 22, 1977, unless otherwise noted.

§ 680.1 Purpose.

The purpose of these regulations is to implement Pub. L. 95-73, an amendment to the Fishery Conservation Zone Transition Act, Pub. L. 95-6, which provides for the collection of catch and effort statistics of U.S. fish

ermen fishing in Canadian waters in the Atlantic and Pacific Ocean under Article XIII of the Reciprocal Fisheries Agreement between the United States and Canada signed on February 24, 1977.

§ 680.2 Definitions.

(a) Agreement means the Reciprocal Fisheries Agreement between the United States of America and the Government of Canada, signed February 24, 1977, that entered into force on July 26, 1977.

(b) Authorized official means:

(1) Any commissioned, warrant or petty officer of the Coast Guard;

(2) Any agent of the National Marine Fisheries Service;

(3) Any officer designated by the head of any State agency which has entered into an agreement with the Secretary of Commerce to carry out the provisions of these regulations; and

(4) Any Coast Guard personnel accompanying and acting under the direction of any person described in (1) of this paragraph.

(c) By-catch means the fish of any species other than the directed fishery species that are caught during a directed fishery.

(d) Directed fishery means a fishery conducted for the purpose of catching one or more designated species.

(e) Persons means any individual, partnership, corporation, or association subject to the jurisdiction of the United States.

(f) Regulatory area. The term "Regulatory Area” means and includes the whole of those portions of the convention of the International Convention for the Northwest Atlantic Fisheries (ICNAF) area which are separately described as follows:

(1) Subarea 1. The term "Subarea 1" means that portion of the Convention area, including all waters, except territorial waters, which lies to the north and east of a rhumb line from a point in 75°00' north latitude and 73°30′ west longitude to a point in 69°00′ north latitude and 50°00′ west longitude; east of 59°00′ west longitude; and to the north and east of a rhumb line from a point in 61°00' north latitude and

59°00' west longitude to a point in 52°15' north lattitude and 42°00′ west longitude.

(2) Subarea 2. The term "Subarea 2” means that portion of the Convention area, including all waters except territorial waters, lying to the south and west of Subarea 1, as defined in subparagraph (1) of this paragraph, and to the north of the parallel of 52°15′ north latitude.

(3) Subarea 3. The term “Subarea 3" means that portion of the Convention area, including all waters except territorial waters, lying south of the parallel of 52°15′ north latitude; and to the east of a line extending due north from Cape Bauld on the north coast of Newfoundland to 52°15′ north latitude; to the north of the parallel of 39°00' north latitude; and to the east and north of a rhumb line extending in a northwesterly direction which passes through a point in 42°30′ north latitude, 55°00′ west longitude in the direction of a point in 47°50′ north latitude 60°00′ west longitude, until it intersects a straight line connecting Cape Ray, on the coast of Newfoundland, with Cape North on Cape Breton Island; thence in a northeasterly direction along said line to Cape Ray.

(4) Subarea 4. The term “Subarea 4” means that portion of the Convention area, including all waters except territorial waters, lying to the west of Subarea 3 as described in paragraph (f)(3) of this section, and to the east of a line described as follows: Beginning at the terminus of the international boundary between the United States of America and Canada in Grand Manan Channel, at point 44°46′35.34" north latitude, 66°54′11.23" west longitude; thence due south to the parallel of 43°50′ north latitude; thence due west to the meridian of 67°40′ west longitude; thence due south to the parallel of 42°40′ north latitude; thence due east to a point in 66°00' west longitude; thence along a rhumb line in a southeasterly direction to a point in 42°00' north latitude, 65°40' west longitude; thence due south to the parallel to 39°00′ north latitude.

§ 680.5 Reports and records.

(a) Owner or master. In case of a U.S. vessel fishing for any of the species regulated under the Agreement, the owner or master of such vessel must maintain in an official logbook an accurate log of fishing operations showing date, type, and size of gear used, area fished, duration of fishing time or tow, and the estimated weight in pounds of each species taken at 12hour intervals. The official logbook may be obtained upon request from the:

Regional Director, National Marine Fisheries Service, NOAA, 14 Elm Street, Gloucester, Massachusetts 01930.

(b) The logbook must be presented for examination and subsequent return to the owner or master of the vessel upon proper demand by any authorized official at any time during or at the completion of a fishing trip. Such required documentation must be maintained by the owner or master of the vessel for 1 year subsequent to the date of the last entry in the logbook and made availale to any authorized official upon demand.

(c) Dealers. All persons, individuals, firms or corporations, at any port or place within the United States, that buy from U.S. flag vessels or from a carrier licensed as a common carrier engaged in either interstate or intrastate commerce, any species taken by any U.S. fishing vessel and regulated in accordance with the Agreement must furnish to the Regional Director at the address in paragraph (a), within 72 hours of sale or within 72 hours after buying or receiving, or upon the vessels's return to any port of the United States, a complete and accurate record of each purchase on forms supplied by the National Marine Fisheries Service at the address indicated in paragraph (a) of this section.

(d) All persons purchasing or receiving any regulated species caught by U.S. vessels under the Agreement for transport to any port of the United States must maintain records identical to those required under paragraph (a) of this section.

§ 680.8 Reports and records.

(a) Owner or master. In case of a U.S. vessel fishing for any of the species regulated under the Agreement, the owner or master of such vessel must maintain in an official logbook an accurate log of fishing operations showing date, type, and size of gear used, area fished, effort in hours trawled, or number of longline units and duration of soaking time, and the estimated weight in pounds of each species taken from these areas by each gear type. The official logbook may be obtained from the NMFS or the State agency which has entered into an agreement with the Secretary of Commerce to carry out the provision of these regulations.

(b) The logbooks must be presented for examination and subsequent return to the owner or master of the vessel upon proper demand by any authorized official at any time during or at the completion of a fishing trip. Such required documentation must be maintained by the owner or master of

the vessel for 1 year subsequent to the date of the last entry in the logbook and made available to any authorized official upon demand.

(c) Dealers. All persons, individual, firms or corporations, at any port or place within the United States, that buy from U.S. flag vessels or from a carrier licensed as a common carrier engaged in either interstate or intrastate commerce, any species taken by any U.S. fishing vessel and regulated in accordance with the Agreement must furnish to an authorized official within 72 hours a complete and accurate record of each purchase, on forms supplied by the National Marine Fisheries Service or furnished by a State agency which has entered into an agreement with the Secretary of Commerce to carry out the provisions of these regulations.

(d) All persons purchasing or receiving any regulated species caught by U.S. vessels under the Agreement for transport to any port of the United States must maintain records identical to those required under paragraph (a) of this section.