[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Proposed Rules]
[Pages 67524-67526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32388]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961119321-6321-01; I.D. 110796G]
RIN 0648-AI68


Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to 
Recordkeeping and Reporting Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing revisions to several sections of regulations 
that pertain to permits, recordkeeping, and reporting for fisheries of 
the Exclusive Economic Zone (EEZ) off Alaska. The proposed changes are 
necessary to clarify existing text, facilitate management of the 
fisheries, promote compliance with regulations, and facilitate 
enforcement efforts. This action is intended to further the goals and 
objectives of the fishery management plans (FMPs) for the fisheries of 
the EEZ off Alaska.

DATES: Comments must be received by January 22, 1997.

ADDRESSES: Send comments to Ronald J. Berg, Chief, Fisheries Management 
Division, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: 
Lori Gravel, or deliver to Federal Building, Fourth Floor, 709 West 9th 
Street, Juneau, AK. Comments on the collection-of-information 
requirements may be sent to the Office of Information and Regulatory 
Affairs (OIRA), Office of Management and Budget (OMB), Washington, DC 
20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the EEZ off Alaska under 
authority of the Fishery Management Plan for Groundfish of the Gulf of 
Alaska and the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area. These FMPs are implemented by 
regulations at 50 CFR part 679. General regulations that also pertain 
to these fisheries appear in subpart H of 50 CFR part 600. The FMPs 
were prepared by the North Pacific Fishery Management Council under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act.
    NMFS is proposing revisions to regulations implementing permit and 
recordkeeping and reporting requirements for the Alaska groundfish 
fisheries. The proposed changes are expected to clarify existing 
regulatory text, facilitate management of the groundfish fisheries, 
promote compliance with regulations, and facilitate enforcement 
efforts.
    The following is a brief description of the regulatory provisions 
proposed:

Permits

     Renewal period extended. NMFS proposes to issue the 
Federal fisheries permits and Federal processor permits on a 3-year 
cycle instead of an annual cycle. This proposed change is in response 
to a Presidential Directive in 1995 that Federal agencies decrease the 
paperwork burden hours required of the public.
     Federal processor permit. When the North Pacific Research 
Plan was in place (59 FR 46126, September 6, 1994), all processors were 
required to obtain a Federal processor permit for purposes of fee 
assessment. With the removal of the Research Plan (61 FR 56425, 
November 1, 1996), the fee assessment requirements were removed. 
However, the Federal processor permit serves to identify the vessels 
that operate solely as a mothership in Alaska State waters and 
shoreside processors that participate in groundfish fisheries in the 
same way that the Federal fisheries permit identifies the vessel 
participants. Therefore, NMFS proposes that regulatory text be modified 
to require a Federal processor permit only for shoreside processors and 
vessels operating solely as a mothership in Alaska State waters.

Additions

     Sablefish/Pacific halibut Individual Fishing Quota (IFQ) 
information. NMFS proposes that certain IFQ information currently 
authorized under OMB clearance No. 0648-0272 be recorded on the catcher 
vessel DFL or the catcher/processor DCPL. During the comment period on 
the 1996 recordkeeping and reporting proposed rule, the U.S. Coast 
Guard (USCG) requested that the DFL and catcher/processor DCPL be 
modified to include information that identifies all IFQ permit numbers 
and persons with IFQ on board a vessel and the date of IFQ landing, the 
IFQ registered buyer, and unloading port of the IFQ landing. This 
recordkeeping requirement has been requested by the USCG to facilitate 
the monitoring and enforcement of the IFQ program.
     DFL NMFS proposes that the Federal fisheries permit number 
be recorded on each DFL page, to be consistent with other reporting 
requirements and to assist NMFS Enforcement and USCG during audits of 
logbook data once logbook sheets have been submitted to NMFS.
     DFL and catcher/processor DCPL. NMFS proposes to add a 
requirement to record the fishing trip number on each page of the DFL 
and catcher/processor DCPL to assist the observer with recordkeeping 
and to assist NMFS Enforcement and USCG during audits on board vessels.
     Text. Introductory paragraphs are added and text is added 
to clarify requirements at paragraphs 679.5(c)(3), (d)(2)(i), 
(e)(2)(i), and (f)(2).
     Definition of fishing trip. A subparagraph is added to 
specify the appropriate definition of fishing trip with respect to 
recordkeeping and reporting.

Revisions

     Metric tons to the nearest 0.001 mt. NMFS is concerned 
about the status of several groundfish species, particularly rockfish. 
Even small amounts of these species must be accounted for. NMFS 
proposes that, when recording or reporting landings or products in 
metric tons, the requirement be changed from 0.01 metric ton to require 
quantities be recorded to at least the nearest 0.001 metric ton.
     Definition of fish product weight. The definition for fish 
product weight is revised to accommodate the new wording for recording 
and reporting of products to the nearest 0.001 metric ton and also to 
clarify this term relative to fresh fish.

[[Page 67525]]

Classification

    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). OMB approval for the 
majority of this information has been obtained under OMB control 
numbers 0648-0206 and -0213; additions and revisions to the collection 
have been submitted to OMB for approval.
    a. Approved under 0648-0206--Alaska permits: No new forms or 
revisions to forms; renewal cycle for Federal fisheries permit and 
Federal processor permit extended from 1 to 3 years. The information 
collection requirements for the Federal processor permit are repeated 
in this rule and have an estimated response time of 0.33 hour per 
response.
    b. Approved under 0648-0213--Alaska Region Logbook Family of Forms: 
Revisions to existing forms have the following effects: Estimated time 
for operator of a catcher vessel with fixed gear to complete a DFL 
increases from 0.25 hour per response to 0.33 hour per response; 
estimated time for operator of a catcher/processor with fixed gear to 
complete a catcher/processor DCPL increases from 0.45 hour per response 
to 0.53 hour per response; estimated time for operator of a catcher 
vessel with gear other than fixed gear to complete a DFL increases from 
0.25 hour per response to 0.28 hour per response; estimated time for 
operator of a catcher/processor with gear other than fixed gear to 
complete a catcher/processor DCPL increases from 0.45 hour per response 
to 0.48 hour per response. The estimated response times shown include 
the time to review instructions, search existing data sources, gather 
and maintain the data needed, and complete and review the collection-
of-information.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the PRA unless that collection-of-information displays a currently 
valid OMB control number.
    Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to NMFS and to OIRA, OMB (see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed rule would improve the efficiency of data 
collection and accuracy of the resultant data required under 
existing recordkeeping and reporting regulations and would include 
those recommendations received from industry, enforcement, and 
management. The revisions will decrease the reporting burden for 
industry, and the reduction in burden will benefit both large and 
small entities.

    This action has been determined to be not significant for purposes 
of E.O. 12866.

List of Subjects in 50 CFR part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 16, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth in the preamble, 50 CFR Part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.2, the definition for ``fish product weight'' is 
revised and the definition of ``fishing trip'' is amended by adding 
paragraph (4) to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Fish product weight means the weight of the fish product in pounds 
or to at least the nearest thousandth of a metric ton (0.001 mt). Fish 
product weight is based upon the number of production units and the 
weight of those units. Production units include pans, cartons, blocks, 
trays, cans, bags, and individual fresh or frozen fish. The weight of a 
production unit is the average weight of representative samples of the 
product, and, for fish other than fresh fish, may include additives or 
water, but not packaging. Any allowance for water added cannot exceed 5 
percent of the gross product weight (fish, additives, and water).
* * * * * 
    Fishing trip * * *
    (4) With respect to recordkeeping and reporting, one of the 
following:
    (i) For a vessel used to process groundfish or a catcher vessel 
used to deliver groundfish to a mothership, a weekly reporting period 
during which one or more fishing days occur.
    (ii) For a catcher vessel used to deliver groundfish to other than 
a mothership, the time period during which one or more fishing days 
occur, that starts on the day when fishing gear is first deployed and 
ends on the day the vessel offloads groundfish or leaves the EEZ off 
Alaska and adjacent waters of the State of Alaska.
* * * * *
    3. In Sec. 679.4, paragraphs (b)(4)(i) and (f) are revised to read 
as follows:
    Sec. 679.4 Permits.
* * * * *
    (b) * * *
    (4) Duration--(i) A Federal fisheries permit is issued on a 3-year 
cycle and is in effect from the date of issuance through the end of the 
current NMFS 3-year cycle, unless it is revoked, suspended, or modified 
under Secs. 600.735 or 600.740 of this chapter.
* * * * *
    (f) Federal processor permit--(1) Requirement. No shoreside 
processor of the United States or vessel of the United States operating 
solely as a mothership in Alaska States waters may receive or process 
groundfish harvested in the GOA or BSAI unless the owner first obtains 
a Federal processor permit, issued under this part. A Federal processor 
permit is issued without charge. (2) Application. A complete 
application for a Federal processor permit must include the following:
    (i) If the application is for an amended permit, the current 
Federal processor permit number and an update of the permit information 
that has changed.
    (ii) The shoreside processor's name, business street address, 
telephone number, and fax number.
    (iii) The shoreside processor owner's name or names, business 
mailing address, managing company, if any, telephone number, ADF&G 
Processor Code, and fax number.
    (iv) Indication of the fishery or fisheries for which the permit is 
requested.
    (v) Indication of the shoreside processor operations category.
    (vi) The owner of the shoreside processor must sign and date the 
application.
    (3) Issuance--(i) Upon receipt of a properly completed permit 
application, the Regional Director will issue a Federal processor 
permit required by this paragraph (f).
    (ii) The Regional Director will send the Federal processor permit 
to the applicant with the shoreside processor logbook, as provided 
under Sec. 679.5.
    (4) Duration--(i) A Federal processor permit is issued for a 3-year 
period and remains in full force and effect from the

[[Page 67526]]

date of issuance through the end of the current NMFS 3-year renewal 
cycle, unless it is revoked, suspended, or modified under Secs. 600.735 
or 600.740 of this chapter.
    (ii) A Federal processor permit is surrendered when the original 
permit is submitted to and received by the Chief, RAM Division, NMFS.
    (5) Transfer. A Federal processor permit issued under this 
paragraph (f) is not transferable or assignable and is valid only for 
the processor for which it is issued.
    (6) Inspection--(i) An original Federal processor permit issued 
under this paragraph (f) must be on site at the shoreside processor at 
all times. Photocopied or faxed copies are not considered originals.
    (ii) A permit issued under this paragraph (f) must be presented for 
inspection upon the request of any authorized officer.
    4. Section 679.5 is amended as follows:
    a. In each of the following paragraphs in Sec. 679.5, the reference 
to ``0.01 mt'' is revised to read ``0.001 mt'': (a)(6)(iii)(H), 
(a)(8)(ii)(A), (a)(9)(ii), (a)(10)(i)(A), (f)(2)(ii)(E), 
(g)(3)(iii)(E), (g)(3)(iv), (h)(3)(iv), and (k)(2)(ii)(C).
    b. Paragraphs (a)(5)(iii) and (iv), (c)(3)(i) introductory text, 
(c)(3)(i)(B) through (D); paragraphs (c)(3)(ii)(A), the introductory 
text of paragraphs (d)(2)(i), (e)(2)(i), and (f)(2)(i); and paragraph 
headings for (c)(3)(iv) and (c)(3)(v) are revised; and paragraphs 
(c)(3)(iii)(A) and (B) and (c)(3)(vi) are added to read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) * * *
    (5) * * *
    (iii) If a shoreside processor, the Federal processor permit number 
and ADF&G processor number.
    (iv) If a buying station, the name and ADF&G vessel number (if a 
vessel) of the buying station; the name, ADF&G processor code, and 
Federal processor permit number of associated shoreside processor or 
the Federal fisheries permit number of the associated mothership.
* * * * *
    (c) * * *
    (3) Information required--(i) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of a 
catcher vessel or catcher/processor must record on each page:
* * * * *
    (B) The start date, end date, and trip number of the fishing trip.
    (C) If a catcher vessel, the vessel name, ADF&G vessel registration 
number, and Federal fisheries permit number.
    (D) If a catcher/processor, the vessel name, ADF&G processor code, 
and Federal fisheries permit number.
* * * * *
    (ii) * * *
    (A) If a catcher vessel, date (month-day-year).
* * * * *
    (iii) * * *
    (A) Catcher vessels--(1) If deliveries to a mothership or shoreside 
processor are unsorted codends, the operator must check the appropriate 
box.
    (2) If deliveries to a mothership or shoreside processor are 
presorted at sea, the operator must check the appropriate box and must 
record discard/donation information as described in paragraph (a)(10) 
of this section.
    (B) Catcher/processors. The operator must record discard/donation 
information as described in paragraph (a)(10) of this section.
    (iv) Catcher vessel delivery information. * * *
    (v) Catcher/processor product information. * * * (vi) IFQ data. The 
operator of a catcher vessel or catcher/processor must record IFQ 
information as follows:
    (A) Check YES or NO to indicate if persons aboard have authorized 
IFQ permits.
    (B) If YES, record the following:
    (1) Vessel operator's (captain's) name and IFQ permit number, if 
any.
    (2) The name of each IFQ holder aboard the vessel and each holder's 
IFQ permit number.
    (3) Month and day of landing.
    (4) Name of registered buyer.
    (5) Name of unloading port.
    (d) * * *
    (2) Information required--(i) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of a 
buying station must record on each page:
* * * * *
    (e) * * *
    (2) Information required--(i) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of a 
mothership must record on each page:
* * * * *
    (f) * * *
    (2) Information required--(i) Part IA. In addition to requirements 
described in paragraphs (a) and (b) of this section, the manager of a 
shoreside processor must record on each page:
* * * * *
[FR Doc. 96-32388 Filed 12-20-96; 8:45 am]
BILLING CODE 3510-22-F