[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Proposed Rules]
[Pages 6337-6343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3553]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 672 and 675

[Docket No. 960206024-6024-01; I.D. 122795A]
RIN 0648-AG32


Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea 
and Aleutian Islands Area; Reporting and Recordkeeping

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS requests comments on this advance notice of proposed 
rulemaking. If these proposed regulations were implemented, they would 
require operators of processor vessels participating in the pollock 
fisheries in the Gulf of Alaska (GOA) and the Bering Sea and Aleutian 
Islands management area (BSAI) to install scales to weigh catch. This 
document is necessary to obtain information from the operators of 
processing vessels about problems involved in the proposed 
installation, testing, and operation of marine scales to weigh fish 
more accurately.

DATES: Comments must be submitted by March 21, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.


[[Page 6338]]

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone (EEZ) of the GOA and the BSAI are managed by 
NMFS in accordance with the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (GOA FMP) and the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI 
FMP). The FMPs were prepared by the North Pacific Fishery Management 
Council (Council) under the Magnuson Fishery Conservation and 
Management Act. The FMPs are implemented by regulations that appear at 
50 CFR parts 672, 675, and 676. General regulations that also govern 
the groundfish fisheries appear at 50 CFR part 620.
    Public comment is requested on the following issues:
    1. Is the three-part scale evaluation and approval process 
recommended by weights and measures officials necessary to assure that 
scales on processor vessels provide accurate information about fish 
weight?
    2. How would ``authorized weights and measures inspectors'' be 
provided to perform scale inspections if they are not available from 
Federal or state weights and measures agencies due to staff and budget 
constraints? Are contract inspectors available? If so, what 
qualifications would be required for contracted inspectors?
    3. If weights and measures inspectors can be identified, how can 
the location and timing of scale inspections be established to minimize 
the cost to processor vessels?
    4. Belt-conveyor or ``in-line flow'' scales initially should be 
tested by comparing the recorded weight of several tons of fish with 
the known weight of this fish as determined by an independent certified 
scale. How will relatively small amounts of groundfish be provided to 
dockside locations in Washington or Alaska over a period of several 
months in order to test scales on 48 processor vessels?
    5. What effect does NMFS' recommendation that scales be used to 
weigh total catch prior to discard or processing and that the weight of 
individual species in the catch be determined by applying observers' 
species composition data to the scale weight have on industry?
    6. Are NMFS' cost estimates for purchase and installation of marine 
scale systems accurate?

The Council Recommendation

    The Council initially requested NMFS to analyze a requirement to 
weigh catch processed at sea in 1990. In June 1994, the Council 
reviewed an initial draft Environmental Analysis/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) on 
improving total catch weight estimates in the groundfish fisheries, and 
the draft analysis was revised based on recommendations from the 
Council's Statistical and Scientific Committee and Advisory Panel. The 
revised draft analysis was sent out for public review on September 6, 
1994, and presented to the Council at its September 1994 meeting.
    The draft EA/RIR/IRFA explained current methods to estimate catch 
weight by species for all processor and catcher vessel types, and the 
potential problems with each method. Although NMFS can identify 
potential sources of uncertainty with current catch estimation 
procedures, NMFS currently is unable to quantify how these sources of 
uncertainty affect the accuracy of catch weight estimates.
    The draft EA/RIR/IRFA analyzed several alternatives to improve 
total catch weight estimates including requirements that (1) trawl 
catcher/processors and motherships provide measured, marked, and 
certified fish receiving bins to improve observers' volumetric 
estimates of catch weight, (2) all processors with 100 percent observer 
coverage weigh all catch before processing or discard, (3) all 
processors, regardless of observer coverage, weigh all catch, and (4) 
all processors and catcher vessels weigh all catch. In addition, the 
Council considered an option to require that catch weight be assessed 
using any method that would provide estimates within a specified range 
of accuracy.
    The draft EA/RIR/IRFA stated that the use of scale weights would 
not address all of the potential problems identified in the analysis. 
Observer species composition sampling would still be applied to the 
total catch weight to estimate the weight of each species or species 
group in the catch. Although properly designed and maintained marine 
scale systems provide the equipment necessary to account accurately for 
fish harvested by any vessel or processor type, no security or 
monitoring system exists that will guarantee that all fish will be 
weighed or that information from the scales will be accurately reported 
to NMFS. The observer can provide an important compliance monitoring 
role but, even with an observer aboard at all times, compliance cannot 
be assured. Observers can periodically test the accuracy of the scale 
and monitor use of the scale when they are on duty, but all activities 
on vessels that operate round the clock cannot be monitored by one 
person.
    At its September 1994 meeting, the Council recommended that NMFS 
prepare proposed regulations to require all processors participating in 
the pollock fisheries to weigh their pollock catch on a scale, rather 
than to provide for improved volumetric estimates of total catch 
weight. The Council decided to focus initially only on processors 
participating in the pollock fisheries for two reasons. First, these 
fisheries represent the majority of groundfish catch off Alaska. 
Second, the Council expressed the need for parity in the methods used 
to estimate catch weight for purposes of the pollock allocations for 
processing by the inshore and offshore components.
    These proposed regulations do not include additional requirements 
on shoreside processing plants because these scales already are 
regulated by state weights and measures agencies. NMFS believes that 
referencing these requirements or including additional requirements for 
shoreside plant scale testing or certification would be redundant.

What Will be Weighed?

    Although the Council only specified that pollock was to be weighed, 
NMFS is recommending that all catch in the pollock fisheries be 
weighed. All catch in the pollock fisheries includes the catch of all 
pollock, all other groundfish species, and all nonallocated species. In 
other words, all fish and marine invertebrates must be weighed prior to 
discard or processing, unless otherwise specified in the regulations 
(e.g., prohibited species). For trawl catcher/processors or processor 
vessels taking deliveries of unsorted codends, all catch in each haul 
or delivery that occurred during a week in which the processor vessel 
was participating in the pollock fisheries would have to be weighed 
before discard or processing. For processors taking deliveries from 
trawl catcher vessels, all fish delivered by a catcher vessel 
participating in the pollock fisheries must be weighed before discard 
or processing. Operators of trawl catcher vessels could continue to 
discard at-sea before they delivered their catch. Processors could sort 
catch before weighing if the processors wish to weigh retained catch 
separately from discarded catch.
    NMFS is considering requiring that all catch in the pollock 
fisheries be weighed for two reasons. First, if scales are to be 
required on processor vessels, NMFS believes that these scales should 
be used to improve estimates of the mortality of all fish and marine

[[Page 6339]]

invertebrates--not just the pollock. Second, this requirement more 
closely follows current catch estimation procedures for trawl processor 
vessels, which apply observers' species composition sampling data to 
total catch weight estimates to estimate the weight of each species in 
the catch.
    Observers currently use one of two methods to make volumetric-based 
estimates of total catch weight--codend volume estimates or bin volume 
estimates. For a codend volume estimate, the observer estimates the 
volume of fish in the net. For a bin volume estimate, the observer 
estimates the volume of fish in one or more of the holding bins into 
which fish are dumped from the net. After the volumetric estimate of 
catch weight is made, fish are conveyed from the fish holding bins into 
the factory. Observers sample unsorted catch as it is being conveyed 
out of the bins to estimate the species composition of the total catch. 
Almost immediately after the fish are conveyed out of the holding bins, 
vessel crew sort retained catch from discards.
    The use of an accurate and reliable scale to weigh total catch 
would eliminate the need for the observers' volumetric estimates of 
total catch weight. However, observers would still need to sample 
unsorted catch to estimate the distribution of various species in the 
catch, including prohibited species. A requirement to weigh only 
pollock rather than total catch would result in the observer continuing 
to make volumetric estimates of total catch weight in order to estimate 
the weight of all nonpollock species in the catch. In addition, the 
requirement to weigh only pollock may add a step to processors' 
groundfish sorting, unless they are retaining all pollock and putting 
small and damaged fish into a meal plant. Weighing pollock separately 
from other groundfish catch would require processors to first sort all 
pollock from other groundfish, then weigh the pollock, and then sort 
out the pollock to be retained from that to be discarded.

Weighing at Sea

    Scales in shoreside plants are regulated by state and local 
government agencies, based on national standards established by the 
National Conference on Weights and Measures (NCWM) and published by the 
U.S. Department of Commerce, National Institute for Standards and 
Technology (NIST) in Handbook 44. Handbook 44 includes design, use, and 
performance standards for many different weighing and measuring 
devices, including several different types of scales. All of the catch 
from the BSAI and GOA pollock fisheries landed at a shoreside 
processing plant is reported to be landed in Alaska and is regulated by 
the Alaska Division of Measurement Standards.
    Under Handbook 44 standards, scales in shoreside processing plants 
usually must weigh certified test weights to within 0.20 percent of 
their known weight. These scales are required to be inspected once or 
twice a year, and most scales in large processing plants are inspected 
every 6 months. However, scales in smaller processing plants or in 
remote locations are often tested less than once a year due to limited 
staff and budget resources in the Alaska Division of Measurement 
Standards.
    Groundfish catch processed at sea is not regulated by any weights 
and measures agency for two reasons. First, no commercial transaction 
occurs when a catcher/processor catches and processes groundfish. 
Second, even in circumstances where a processor vessel is purchasing 
catch from an independent catcher vessel in the EEZ, no state or local 
government has jurisdiction over this transaction. The only activity on 
processor vessels operating in the EEZ that is regulated by a weights 
and measures agency is the packaging of processed product by weight 
(e.g., a 10-kg box of fillets). Although the scales used to pack the 
fish product by weight are not required to be certified, the accuracy 
of the net weight indicated on the package label is regulated by the 
state in which the fish are landed and sold. In other words, while 
operators processor vessels are not required to have certified scales 
on board, they are required to report accurate weights on their 
packaged products. Testing of packaged product weight by a weights and 
measures inspector generally occurs on shore, if it occurs at all.
    Obtaining an accurate weight at sea requires a scale that has the 
capability to compensate for vessel motion. Marine scales in use, or 
proposed for use, use information from two weighing units (or ``load 
cells'') to calculate an adjustment factor to apply to the scale weight 
of fish to compensate for the effect of vessel motion. However, most 
other features of the marine scales are similar to scales of the same 
general design, such as belt-conveyor scales or hopper scales, that are 
used on land. Handbook 44 includes standards that can be used to 
evaluate a marine scale's performance on land, but additional standards 
will have to be developed to evaluate the scale's performance at-sea or 
in motion. These standards have not yet been developed because, to 
date, no marine scale has been used for commercial purposes or within 
the jurisdiction of a weights and measures agency.
    In December 1993, NMFS hosted a meeting with representatives from 
U.S. and international scale manufacturers. These representatives 
stated that scales designed to compensate for the effect of vessel 
motion could achieve a very high level of accuracy, perhaps to within 1 
percent of known weight. Three processor vessels currently have motion 
compensated conveyor scales and weigh fish as the fish move along the 
conveyor belt between the holding bins and the factory. The same motion 
compensation technology currently is used in platform scales used to 
weigh packaged product and in roe grading machines.
    NMFS believes that a requirement that a scale weigh standard test 
weights to within 3 percent of their known weight is achievable under 
all circumstances under which sorting and processing of groundfish 
would occur. This accuracy level is well within the accuracy standard 
recommended by the scale manufacturers and would provide a satisfactory 
estimate for fishery management purposes.
    A proposed rule to govern the use of scales in the pollock fishery 
would include requirements that NMFS believes are necessary to monitor 
effectively the use of scales and to assure that accurate information 
is being obtained from the scales in the absence of direct oversight by 
a weights and measures agency. These requirements are discussed below.

Compliance Monitoring

    Processors would be required to notify NMFS as to the type of scale 
that would be used on the processor vessel. Notification would include 
a written description of the scale system that would be used to weigh 
catch and a diagram of the location of the scale or scales on the 
processor vessel and the location where the observer would sample 
unsorted catch. Notification would be required 6 months prior to 
initial installation, major modification, or relocation of a scale. The 
purpose of this proposed requirement is to assure that on-board test 
procedures for the particular type of scale have been developed by NMFS 
in consultation with the scale manufacturer and the weights and 
measures agencies. In addition, NMFS-certified observers, U.S. Coast 
Guard personnel, NMFS Enforcement officers, and scale inspectors must 
be notified in advance of the types of scales they may be expected to 
evaluate. Currently, NMFS is proposing test procedures only for belt-
conveyor scales and hopper scales. 

[[Page 6340]]
No other type of scale would be approved for use by NMFS until the 
appropriate test procedures have been developed and included in NMFS 
regulations.
    Processors would decide which particular scale or scales to use and 
where to install these scales, as long as installation or use of the 
scale does not prevent observers from taking random samples of unsorted 
catch.
    NMFS proposes a monitoring system for scales on-board processor 
vessels that would comprise three elements. The first element of the 
scale monitoring program would be a one-time approval of each model of 
scale under the National Type Evaluation Program (NTEP). NTEP approval 
would assure that the scale is constructed and performs in the 
laboratory according to standards set forth in Handbook 44. In 
addition, the scale would be evaluated under a variety of ``influence 
factors,'' such as temperature changes and voltage fluctuations. NTEP 
approval would be expected to take between 6 months and 1 year from the 
time the scale is submitted to the testing laboratory. No marine scale 
has NTEP approval or has been submitted for NTEP approval. NMFS 
believes that NTEP approval is an important first step in the 
monitoring process, because it would provide an independent assessment 
of the performance of the scales against established scale standards 
before a particular type of scale is purchased or installed on a 
processor vessel. Assuring that only high quality scales are installed 
on processor vessels would prevent NMFS and the industry from spending 
time or money on evaluating scales that cannot meet minimum standards. 
In addition, the State of Alaska would require NTEP approval for 
motion-compensated belt-conveyor scales, before they can be certified 
for use in shoreside processing plants.
    Scale manufacturers would submit their scales for NTEP approval and 
provide processors with certification of approval. This certification 
must be kept on the processor vessel with the scale and be made 
available to the authorized officer. Four laboratories in the United 
States are approved by NCWM to provide NTEP certification. The State of 
California, Division of Measurement Standards in Sacramento, operates 
the NTEP laboratory for the West Coast.
    The second element of the monitoring system would be inspection by 
a weights and measures inspector of each scale after it is installed on 
the processor vessel. The inspection of each scale would be necessary 
to assure that the scale is installed properly, the scale weighs 
accurately when not in motion, the appropriate on-board test weights 
are calibrated, and the vessel crew understands how to perform the on-
board test procedure. The inspection would be based on Handbook 44 
standards with two exceptions. First, accuracy standards for the scales 
would be specified in NMFS regulations. Second, scales would be 
exempted from Handbook 44 requirements for sealed calibration units, 
because this requirement would prevent the processor vessel crew from 
performing periodic, necessary calibration of the scale at sea.
    Belt-conveyor scale systems, or flow scales, would be evaluated 
through a ``material test,'' which tests the performance of the scale 
while weighing the material (i.e., fish) that it was designed to weigh 
in the specific installation. Because the weight reading from a belt-
conveyor scale is a combination of information about the load on the 
scale and the speed at which material is passing across the scale, 
static testing, or the placement of a test weight on the scale, would 
not adequately evaluate the scale's accuracy. The scale must be tested 
by running material across the scale to evaluate the effect of the 
conveyor belt installation, the loading and unloading of fish from the 
scale, the belt speed, and other factors related to the installation of 
the scale that may affect its accuracy. Simply running a series of 
metal test weights across the scale is not considered an adequate test 
of the scale's performance for an annual inspection, because the 
material will not flow across the scale in the same way as fish, and 
because it would be difficult to supply enough test weights to test the 
scale at a capacity similar to its actual use capacity.
    Once the scale has passed the material test, a standard test weight 
would be certified by the weights and measures inspector. The test 
weight would be a flat, stainless steel bar that could be placed on the 
scale in contact with the weighing unit of the scale, but not the belt. 
It would act as a continuous load on the scale for a 10-minute test 
period. The accumulated weight recorded by the scale at the time of the 
annual certification would be stamped on the test weight.
    The initial inspection by a weights and measures inspector would 
require vessel owners to schedule and pay for an inspection by either a 
state weights and measures agency (i.e., State of Alaska or State of 
Washington inspectors) or a contracted inspector. Officials of the 
State of Alaska have notified NMFS that it cannot commit to providing 
inspectors at this time due to budget and staff constraints.
    Handbook 44 requires that a belt-conveyor scale be tested with an 
amount of material equal to the capacity of the scale for 10 minutes. 
Flow scales with capacities between 50 metric tons per hour (mt/hr) and 
80 mt/hr, would need to be tested with between 8 and 13 mt of fish. The 
material test of the flow scale could take a full day and would require 
that an appropriate amount of fish and a certified platform or hanging 
scale be available at a dockside location for the weights and measures 
inspector. Because the tests likely would be done outside of the 
commercial fishing seasons, the Council and NMFS would have to make 
approximately 500 mt of groundfish available for scale testing. Vessels 
owners would have to request authorization from the Director, Alaska 
Region, NMFS (Regional Director) to catch the amount of fish needed for 
their tests if the tests were performed outside of regular seasons.
    The third element of the scale monitoring system would be periodic 
testing of each scale using the standard test weight. This element 
would be required because the NTEP approval process and the dockside 
inspections do not test the scale's performance in motion. It is only 
through periodic tests at sea that the efficacy of the ``motion 
compensation'' devices can be assessed. The test weight would be placed 
on the scale, the scale would run for 10 minutes, and a printed record 
of the scale weight would be compared with the number stamped on the 
test weight. The scale would be in compliance with these regulations if 
the percent difference in the number stamped on the test weight and the 
number recorded by the scale was 3 percent or less. As long as the 
scale weighed the standard test weight accurately, and absent other 
information, NMFS would assume that the scale was continuing to operate 
as it did upon successful completion of the initial certification.
    The certification and monitoring of hopper scales (similar in 
design to those currently used in several shoreside processing plants) 
would be much less complicated than belt-conveyor scales. The hopper 
scales weigh successive batches of fish rather than a flow of fish. For 
the initial certification, a weights and measures inspector would 
evaluate the scale using standard, metal test weights in a range of 
sizes. No test materials or fish would be required. The on-board test 
procedure would involve the use of standard test weights that would 
periodically be placed on the scale. A comparison of the known weight 
of the test weights with the 

[[Page 6341]]
scale's recorded weight at sea would indicate whether the scale was 
weighing within the accuracy standard.
    As an additional security measure, the scale would be required to 
maintain a cumulative record of the number of hours the scale has been 
operating and the weight of catch passing over or through the scale. 
This record must be permanent and accessible to the scale operator, the 
observer, or an authorized officer (read only) but must not be changed 
or deleted (no write capability). The purpose of this requirement is to 
provide information about the total catch weighed by the scale with the 
cumulative reports of catch weight from each haul.
    Printed output from the scale on each haul must provide the 
following information: Starting date and time of haul, total weight of 
catch in each haul, and end date and time of haul. In addition, the 
scale must provide a printed record of the scale tests.

Initial Tests of At-sea Scales

    One company participating in the 1995 pollock Community Development 
Quota (CDQ) fisheries installed two different models of belt-conveyor 
scales on two processors. Two observers were aboard each processor 
vessel during the CD fisheries, and an additional NMFS staff person was 
aboard for about 2 weeks. Observers performed limited material tests on 
these scales by weighing 20 baskets of fish (up to 50 kg of fish per 
basket) on either a motion-compensated or a beam-balance platform scale 
and then on the belt-conveyor scales. Test results were highly 
variable, ranging from less than 0.10 percent difference to almost 50 
percent difference in weight between the platform and belt-conveyor 
scales. The scale on one of the vessels was judged to be improperly 
installed, because fish were allowed to fall onto the scale rather than 
flow across it. This likely resulted in inaccurate weights. In 
addition, the electric motor that drove the conveyor malfunctioned and 
was not successfully repaired by vessel crew.
    These limited tests of scales on processor vessels illustrate 
several important points. The technology to accurately weigh fish 
processed at sea exists. However, accurate weight depends on the proper 
technology, proper installation of the scale, and the proper use of the 
scale. In other words, an improper installation can negate any benefits 
of a high quality scale. The proper functioning and installation of the 
scale must be verified by a qualified weights and measures official 
prior to use in the fishery. In the absence of this evaluation process, 
NMFS cannot be assured that accurate weight can be obtained from the 
scale. NMFS-certified observers cannot perform ``material tests'' 
involving weighing a ton of fish on two different scales each day due 
to time, space, and energy limitations. In addition, observers are not 
trained to determine whether the scale is properly installed or other 
technical aspects of the scale installation or operation.

The Number of Processors Affected

    In 1994, 66 processor vessels reported as either trawl catcher/
processors or motherships taking deliveries from trawl catcher vessels. 
Of these, 45 trawl catcher/processors and three motherships reported 
catch in the pelagic or bottom trawl pollock fisheries in the GOA or 
BSAI. Each of these 48 processor vessels would be required to provide a 
scale system that is capable of weighing catch before it is processed 
or discarded. Although these processors could choose to weigh catch in 
the other groundfish fisheries in which they participate, they would 
not be required to do so.

Cost of the Scale Requirement to Industry

    NMFS estimates that each processor vessel would pay about $50,000 
for each marine scale. One scale manufacturer estimates that a hopper 
scale system in development will cost about $20,000 each. However, this 
scale currently is not available for sale, so the price estimate is 
uncertain. Installation costs are much more difficult to estimate. Due 
to space constraints on many processor vessels, the likely need to 
relocate sorting space and processing equipment, the possibility that 
more than one scale would be required on some vessels, and the wide 
range of configurations on individual vessels, the installation cost 
range for the scales could be between $5,000 and $250,000 per vessel. 
Therefore, the total cost of purchasing and installing marine scales to 
weigh groundfish catch on processor vessels may range between $55,000 
and $300,000 per vessel.
    A variety of other costs are associated with a requirement for 
vessels to install marine scales, including the cost of reduced 
efficiency as a result of changes in procedures for harvesting, 
sorting, discarding, or processing groundfish. For example, sorting 
space may be reduced and processing equipment may have to be moved to 
accommodate the scale, possibly reducing the efficiency of the factory. 
These costs also will vary among the vessels, depending on factory 
configuration. Additional crew time may be required to monitor and 
record information from the scale and to test, maintain, and repair the 
scale. Finally, vessel operators may choose to purchase spare parts or 
a back-up scale depending on the amount of fishing time that could be 
lost if the scales break down.

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 12, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are proposed to be amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for part 672 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 672.2, the definitions for ``Belt-conveyor scale'' and 
``Hopper scale'' are added, in alphabetical order, to read as follows:


Sec. 672.2  Definitions.

* * * * *
    Belt-conveyor scale means a device that employs a weighing element 
in contact with a belt to sense the weight of the material being 
conveyed and the speed (travel) of the material, and integrates these 
values to produce total delivered weight.
* * * * *
    Hopper scale means a scale designed for weighing bulk commodities 
whose load-receiving element is a tank, box, or hopper mounted on a 
weighing element. The scale may be adapted to the automatic weighing of 
bulk commodities in successive drafts of predetermined amounts.
* * * * *
    3. In Sec. 672.24, paragraph (g) is added to read as follows:


Sec. 672.24  Gear limitations.

* * * * *
    (g) Weighing catch in the pollock fisheries in the EEZ--(1) 
Applicability. Processor vessels participating in the pollock fisheries 
in the EEZ must weigh all catch on a scale that meets the requirements 
of this paragraph. A processor vessel is participating in the pollock 
fisheries if directed fishing for pollock is not prohibited and if, 
during any weekly reporting period, the round weight equivalent amount 
of retained pollock is greater than the round weight equivalent amount 
of any other retained groundfish species or species groups for 

[[Page 6342]]
which a TAC has been specified under Sec. 672.20 or Sec. 675.20.
    (2) Required equipment. (i) The processor vessel must provide a 
scale or scale system, a printer capable of providing printed output 
from the scale or scale system, and the appropriate standard test 
weights as described in paragraphs (g)(3)(ii)(A) and (B) of this 
section. Only belt-conveyor scales and hopper scales as defined at 
Sec. 672.2 and meeting the certification and use requirements of this 
paragraph (g) are authorized for use.
    (ii) Installation. The scale or scale system must be installed in 
the conveyor belt system that carries fish from fish holding bins to 
either processing equipment or a discard chute. The location or use of 
the scale or scales must not prevent the observer from sampling 
unsorted catch.
    (iii) Notification of proposed scale system. Processor vessel 
operators must provide the Regional Director with a written description 
of the scale system that will be used to weigh catch, including: The 
name, manufacturer, and model number of the scale or scales; a diagram 
of the location of the scale or scales on the processor vessel; and the 
location where observers will obtain samples of unsorted catch. This 
notification is required only prior to initial installation, major 
modification, or relocation of a scale and must be received by the 
Regional Director 6 months prior to using the scale to meet the 
requirements of this paragraph.
    (3) Scale certification. Each scale used to weigh catch under this 
paragraph (g) must meet the requirements of the following three-part 
scale certification process:
    (i) National Type Evaluation Program Certificate of Conformance. 
The particular model of scale must be certified under the National Type 
Evaluation Program of the National Conference on Weights and Measures. 
Application forms may be obtained from the National Institute for 
Standards and Technology (NIST), Office of Weights and Measures, 
Building 820, Room 223, Gaithersburg, MD 20899-0000. A copy of the 
certificate of conformance for each model of scale must be maintained 
on board the processor vessel at all times.
    (ii) Initial installation or modification inspection. Each scale or 
scale system must be tested and certified by an authorized weights and 
measures inspector upon initial installation, after major modification 
or installation of the scale at a different location on the vessel, or 
at the request of the Regional Director. Scales will be tested in 
accordance with the National Institute of Standards and Technology 
(NIST) Handbook 44, ``Specifications, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices'', 1995 edition adopted 
by the 79th National Conference on Weights and Measures, which are 
incorporated by reference, with the exceptions listed in paragraphs 
(g)(3)(ii)(A) and (B) of this section. Copies of Handbook 44 may be 
obtained from the National Institute for Standards and Technology, 
Office of Weights and Measures, Building 820, Room 223, Gaithersburg, 
MD 20899-0000. Copies may be inspected at the NMFS Alaska Regional 
Office. Written certification must be provided to the Regional Director 
prior to January 1 of each year and a copy must be maintained on board 
the processor vessel at all times. A certification signed by the 
authorized weights and measures inspector must identify the vessel 
name, scale model, and date of test; and certify that the scale or 
scale system meets the standards specified for either belt-conveyor 
scale systems or hopper scales, with the following additional 
requirements or exceptions.
    (A) Belt-conveyor scale systems. Belt-conveyor scales are not 
required to meet Handbook 44 provisions for sealing in section 2.21, 
paragraphs S.1.7, S.2.2, and UR.1.2. Certification of a belt-conveyor 
scale requires accurate weighing of fish as determined by a material 
test followed by calibration of a standard test weight to be used in on 
board tests of the scale under paragraph (g)(3)(iii) of this section.
    (1) Material test. An official test of a belt-conveyor scale system 
is a material test. The material test must be performed with fish that 
have been preweighed on the day of the material test on a scale 
approved by the authorized weights and measures inspector. The scale 
used to preweigh fish must be tested by the authorized weights and 
measures inspector immediately prior to running the material test. The 
weight of fish used in the material test must be equal to the full 
capacity of the scale operating for 10 minutes. The belt-conveyor scale 
must weigh the fish to within 1 percent of the weight determined 
through preweighing.
    (2) Standard test weight. The processor vessel must provide a 
stainless steel bar that fits on the carriage of the scale to be used 
as a standard test weight for on-board scale testing. Calibration of 
the standard test weight by the weights and measures inspector must be 
referenced to the results of the material test. The serial number of 
the scale and the target weight after a 10-minute simulated load test 
must be stamped on the standard test weight upon successful completion 
of the material test. The standard test weight must be retained on 
board the vessel at all times while the processor vessel is 
participating in the pollock fisheries.
    (B) Hopper scales. Hopper scales are not required to meet Handbook 
44 provisions for sealing in section 2.20 paragraph S.1.11. An official 
test of a hopper scale system is an increasing-load and decreasing-load 
test using certified standard test weights provided by the authorized 
weights and measures inspector and used according to procedures 
specified in Handbook 44. In addition, a set of standard test weights 
must be provided by the processor vessel to be used for on-board scale 
testing. The standard test weights must be stainless steel, must not 
exceed 10 kg each or 50 kg in total, and must be stamped with the 
serial number of the scale and the certified weight of the standard. 
The standard test weight must be retained on board the vessel at all 
times while the processor vessel is participating in the pollock 
fisheries.
    (iii) On-board tests of scale performance. The NMFS certified 
observer or any other authorized officer may perform, or witness vessel 
crew performing, a test of the scale's performance at any time. The 
procedure for testing a scale's performance must be based on the use of 
a standard test weight or weights certified by an authorized weights 
and measures inspector as described in paragraphs (g)(3)(ii)(A) and (B) 
of this section. The standard test weights must be placed on, in, or 
across the weighing element of the scale while the scale is operating. 
The scale must record the weight of the certified test weight to within 
3 percent of its certified weight as calculated by subtracting the 
scale weight from the known weight of the test weights, dividing this 
difference by the scale weight, and multiplying by 100 [-3.0 <= 
(((certified weight-scale weight)/scale weight)*100) <= 3.0]. The 
vessel operator must provide the observer with a printed record of the 
known weight of the certified test weights and the weight recorded by 
the scale for each test and a printed record of any adjustments to or 
calibrations of the scale.
    (4) Printed reports from the scale. Printed reports from the scale 
must be maintained on board the processor vessel and be made available 
to observers and other authorized officers at any time during the 
current calendar year. Reports must be printed at least once each 24-
hour period in which the scale is being used to weigh catch or 

[[Page 6343]]
before any information stored in the scale computer memory is replaced. 
A printed report must include the following information for each haul: 
The haul number; month, day, year, and time (to the nearest minute) 
weighing catch from the haul started; month, day, year, and time (to 
the nearest minute) weighing catch from the haul ended; and the total 
cumulative weight of catch in the haul for each haul brought on board 
the vessel. Scale weights may not be adjusted for the weight of water. 
The haul number recorded on the scale print-out must correspond with 
haul numbers recorded in the processor's daily cumulative production 
logbook. A printed report of any tests, adjustments, calibrations, or 
other procedures performed on the scale including month, day, year, and 
time (to the nearest minute) of procedure, name or description of 
procedure, result of procedure also must be provided. All printed 
output from the scale must be signed by the operator of the processor 
vessel.
    (5) The scale system must record the cumulative number of hours in 
operation and the cumulative weight recorded by the scale in a format 
that cannot be edited or erased and that is accessible to the scale 
operator at any time. This information must be provided in printed form 
at any time at the request of an observer or other authorized officer.

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    4. The authority citation for part 675 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    5. In Sec. 675.24, paragraph (h) is added to read as follows:


Sec. 675.24  Gear limitations.

* * * * *
    (h) Weighing catch harvested in the pollock fisheries. Requirements 
are set out at Sec. 672.24(g).
[FR Doc. 96-3553 Filed 2-16-96; 8:45 am]
BILLING CODE 3510-22-F