[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47348-47389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-10904]
[[Page 47347]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Part 679
Fisheries of the Exclusive Economic Zone Off Alaska: Recordkeeping and
Reporting Requirements Revisions; Final Rule
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /
Rules and Regulations
[[Page 47348]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980112009-8196-02; I.D. 110697B]
RIN 0648-AK36
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: Final rule.
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SUMMARY: NMFS revises permiting, recordkeeping, and reporting
requirements for fisheries of the Exclusive Economic Zone (EEZ) off
Alaska. The revisions made by this rule clarify and simplify existing
text, facilitate management of the fisheries, promote compliance with
the regulations, and facilitate enforcement efforts. This action is
intended to further the goals and objectives 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 (FMPs).
DATES: Effective October 5, 1998, except for Sec. 679.5(l)(2)(vi),
which contains information collection requirements that have not been
approved by the Office of Management and Budget. NMFS will publish a
document in the Federal Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228, or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the groundfish fisheries in the EEZ off Alaska
according to the FMPs prepared by the North Pacific Fishery Management
Council (Council) under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C., 1801
et seq. The 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.
On February 19, 1998, NMFS published proposed revisions to several
sections of the implementing regulations for these FMPs that pertain to
permitting, recordkeeping, and reporting (63 FR 8389). While some of
the proposed revisions were substantive, most were technical edits and
clarifications of definitions. Most of these changes were needed to
simplify the language. A description of these revisions and their
justification are presented in the preamble to the proposed rule.
Public comment was invited through March 6, 1998. No letters of comment
were received by the end of the comment period.
A description of the substantive changes follows:
ADF&G Fish Tickets. The regulations require all motherships to
submit ADF&G fish tickets.
Groundfish as bait. This regulation formalizes a policy into
regulations that has been in effect since 1992 by adding an exemption
from R&R requirements. A catcher vessel that participates in a crab
fishery and that takes groundfish in non-groundfish pot gear for use as
bait on board that vessel is not required to comply with recordkeeping
and reporting requirements if the bait is neither transferred nor sold.
Product Transfer Report. This regulation requires that motherships
and shoreside processors receiving groundfish product documented on a
product transfer report (PTR) for subsequent reprocessing must record
the resultant reprocessed product in their DCPL to fully account for
groundfish product inventory and report the reprocessed product to NMFS
on a WPR. The submittal deadline for the PTR is revised.
Logsheet Maintenance and Storage. The final rule revises the
logsheet submittal instructions to indicate that the logbooks must now
be submitted to NOAA Enforcement Division in Juneau, AK, and to
indicate the new address in the regulations.
Although no written comments on the proposed rule were received,
many oral comments were received by NMFS staff during recordkeeping and
reporting discussions at two meetings and two workshops held in
Seattle, WA, and in Anchorage, AK. These comments pointed out the need
for additional nonsubstantive changes to the regulations, which have
been incorporated in the final rule. Those comments that recommended
substantive changes will be included in the 1999 recordkeeping and
reporting proposed rule, as appropriate (e.g., how to document
``pumping'' of fish; develop a new discard category for adulterated
fish; develop secondary product code level that defines condition of
end product (i.e., frozen blocks, grades of surimi), add community
development quota (CDQ) delivery number to logbooks, and develop
combined NMFS/International Pacific Halibut Commission (IPHC) logbook
for fixed gear).
Changes to the Final Rule From the Proposed Rule
The final rule includes the following changes from the proposed
rule.
Figures
Figure 14, Scallop Registration Areas, is removed in compliance
with 63 FR 38501 published July 27, 1998, which removed scallops off
Alaska from Federal management. Figures 15 and 16 are designated as
Figures 14 and 15, respectively.
Catcher Vessel Operating Area (CVOA)
Figures 2 and 9 to part 679 are revised to correct an error that
occurred in the printing of the coordinates for the CVOA. These
coordinates are corrected from ``168 deg.'' to read ``167 deg.30'.''
Chinook Salmon Savings Area of the CVOA
Figure 8a to part 679 is revised to add numbers to the three
separate salmon savings areas to clarify the coordinates presented in
Figure 8b to part 679.
Tables
Table 1--Product codes. NMFS continues to strive for standard
definitions of species and product codes with ADF&G for simplicity of
recording by the fishing industry and for comparisons and summaries of
the agencies' databases. Table 1 to part 679 is revised as follows:
Product code 02. The definition of code 02 is revised to read:
``Whole fish/bait. Processed for bait. Sold.''
Product code 92. Code 92 is revised to read: ``Whole fish/onboard
bait. Whole fish used as bait on board vessel. Not sold.''
Product code 32. The definition of code 32 is clarified to read
``Fish meal. Meal from whole fish or fish parts; includes bone meal.''
Product code 32 may be either a primary or ancillary product and is
used when meal is created from whole fish or fish byproducts by an
onsite processor. The distinction between meal made from whole fish or
fish parts under code 32 is indicated through the use of product
designations A, meaning ancillary (made from parts) or P, meaning
primary (made from whole fish).
Product code 33. The definition of code 33 is clarified to read:
``Fish oil. Rendered oil from whole fish or fish parts.''
Product codes 41 and M99. Paragraph 679.5(g)(1)(ii) and Table 1 to
part 679
[[Page 47349]]
are revised to remove code M99 and to replace it with a new product
code 41, ``whole fish destined for offsite fish meal production.'' The
ADF&G fish ticket data base is set up to use 2-digit numeric codes and
cannot use M99. Code M99 originally was set up by NMFS for use by
shoreside processors in Kodiak, AK, that transferred product to the
meal plant in Kodiak. Since the implementation of the increased
retention/increased utilization program (IR/IU), motherships and
catcher/processors, as well as other shoreside processors, are
transferring product to offsite facilities for meal production in
locations other than Kodiak, and a new code is needed to describe this
activity.
Product code 86. The title of code 86 is revised from ``Donated
salmon'' to ``Donated prohibited species,'' and the definition is
revised to read: ``Pacific salmon or Pacific halibut, otherwise
required to be discarded, that is donated to charity under a NMFS-
authorized program.'' This change is necessary to accommodate the
addition by NMFS of a halibut donation program and other future
programs.
Product codes 94 and 95. Code 94, currently used for consumption of
fish, is eliminated. Code 95 is added to read ``Whole fish/personal
use, consumption. Fish or fish products eaten on board or taken off the
vessel for personal use. Not sold or utilized as bait.'' Historically,
NMFS used code 95 to mean discards made by a shoreside processor after
receipt of groundfish from a catcher vessel but prior to production.
This discard procedure was later incorporated into code 99 to mean
discard at any time by a shoreside processor, and code 95 was not used
by NMFS for several years.
ADF&G historically used code 95 to mean personal consumption of
fish but NMFS used code 94 to mean personal consumption of fish.
Because the use of the two codes to mean the same procedure caused
confusion within the fishing industry, NMFS adopts ADF&G's use of code
95 to mean personal consumption of fish.
Product code 99. The definition of code 99 is clarified to read
``Discard, onshore. Discard after delivery and before processing by
Shoreside Processors and Buying Stations delivering to Shoreside
Processors and in-plant discard of whole groundfish and prohibited
species during processing.''
Product Designation R. The definition of product designation R is
revised in Table 1 to part 679 to include not only product that is
reprocessed, but also product that is rehandled. Rehandled product is
fish that is not processed but is handled in some manner before
shipment, such as packed in totes of ice.
Reorder codes. Table 1 to part 679 is revised by reordering the
placement of codes so that codes describing whole fish are grouped
together. An instructive note is added to this grouping to indicate
that round weights must be recorded for these codes rather than product
weight.
Table 2--Species codes. Table 2 to part 679 is updated to include
the Latin family names (codes 207, 208, 210, 511, 516, 772, 774) and
one order name (code 800) for the species identified as forage fish in
a final rule published in the Federal Register (63 FR 13009, March 17,
1998).
Species code 135 is corrected from ``greenstripe rockfish'' to read
``greenstriped rockfish,'' which is the correct common name for this
species as used in the specifications, fishery management plans, and
fish reference books.
Table 3--Product recovery rates for groundfish species and
conversion rates for Pacific halibut. The footnotes of Table 3 to part
679 are updated regarding removal of black rockfish and blue rockfish
from Gulf of Alaska (GOA) FMP management, as published in the Federal
Register (63 FR 11167, March 6, 1998).
Alignment for the row containing FMP species, Bering Sea & Aleutian
Islands Area (BSAI) Greenland turbot, is corrected. Starting with
species code 134, values for columns 1 through 12 move left one column.
Alignment for the row containing FMP species, BSAI Yellowfin sole,
is corrected. Values for columns 21 through 31 move left one column.
The title for column 1 is revised from ``Whole food fish 1'' to
read ``Whole fish 1, 2, 41, 92, and 94,'' and column 2 is removed. All
of the codes in revised column 1 describe whole fish product with the
same product recovery rate (PRR) value. The different codes describe
different uses of the whole fish product. Additionally, codes 92 and
94, describing discard codes, are removed from the last column and
added to column 1 because these codes describe product rather than
discards. Code M99 is removed from the last column because this code is
replaced with code 41. Code 41 is added to column 1 because it is a
whole fish product. Due to these revisions, the last column,
``Discards,'' includes only codes 98 and 99--whole fish discards.
Regulatory text published in the Federal Register (62 FR 60667,
November 12, 1997) introduced ice and slime values for product codes 5,
51, 54, 55, 57, and 58; however, codes 05 and 55 were inadvertently
omitted from Table 3 to part 679 in that rule. The recordkeeping and
reporting proposed rule included those codes in Table 3 to part 679.
NMFS did approve the ice and slime values for product codes 05 and 55
and this final rule corrects their omission from Table 3 to part 679.
Alignment for the row containing FMP species, Skates, is corrected.
Values for columns 7 and 12 move right one column.
Values for FMP species under column 14, Roe, are added. These
values were inadvertently omitted from the proposed rule but were
previously established by other final rules. A value of 0.08 is added
for FMP species 118, 119, 120, 122, 123, 125, 127, and 134.
A footnote is added to explain that the product weight of
groundfish is divided by a PRR to obtain round weight, and the round
weight of halibut is multiplied by the conversion rate to obtain
product weight.
Table 7--Communities determined to be eligible to apply for
community development quotas. Table 7 to part 679 is revised to correct
the spelling of a community from ``Ugashi'' to ``Ugashik.''
Tables 10 and 11--Current GOA retainable percentages and current
BSAI retainable percentages. Tables 10 and 11 to part 679 are updated
to include changes published in the Federal Register (63 FR 13009,
March 17, 1998) that add ``aggregate forage fish'' species as a bycatch
species.
Table 10 to part 679 is updated to include changes to the footnotes
regarding rockfish published in the Federal Register (63 FR 11167,
March 6, 1998).
Table 11 to part 679 is updated to include the addition of
shortraker/rougheye rockfish in the Aleutian Islands as a bycatch
species published in the Federal Register (63 FR 15334, March 31,
1998).
Reporting Areas
COBLZ or RKCSA area. Paragraphs at Sec. 679.5(a) are revised to
clarify recording requirements for C. opilio Bycatch Limitation Zone
(COBLZ) or Red King Crab Savings Area (RKCSA) entries:
Paragraph (a)(7)(v)(B) is revised to include a cross reference to
Figures 1 and 3 to part 679, which describe reporting areas of the GOA
and BSAI.
Paragraph (a)(7)(v)(B)(1) is added to clarify what must be reported
when a haul or set occurs in more than one reporting area. Paragraph
(a)(7)(v)(B)(1) is redesignated and revised by dividing the two
sentences of the paragraph into paragraphs (a)(7)(v)(B)(2) and
(a)(7)(v)(B)(2)(i);
[[Page 47350]]
Paragraph (a)(7)(v)(B)(2)(ii) is added to clarify instructions on
recording the COBLZ or RKCSA areas on a WPR.
Paragraph (a)(7)(v)(B)(2) is redesignated as (3) and revised to
clarify instructions on recording the COBLZ or RKCSA areas on a check-
in/check-out report.
Because the COBLZ and RKCSA areas instructions are very detailed in
paragraph (a)(7), redundant text was removed from paragraphs (a)(8)(i),
(a)(9)(i), and (a)(10)(i)(A).
Recording Weight
Paragraphs at Sec. 679.5 are revised to clarify recording
requirements for weight information:
Paragraph (a)(6)(iii)(H) is removed as redundant, since weight
reporting information is found at (a)(8)(i)(B), (8)(ii)(A) and (B),
(9)(i)(B), (9)(ii)(A) and (B), (10)(i)(B), and (10)(ii)(A) through (D).
Paragraphs (a)(8)(ii)(A), (a)(9)(ii)(A), and (a)(10)(ii)(A) are
revised to clarify that the accuracy required for reporting is to the
nearest pound (lb) and that the appropriate units of weight must be
indicated with a check mark in the appropriate box whether records are
in lb or in metric tons.
Paragraphs (c)(2)(i)(A) and (ii)(A) are revised to synchronize the
estimate of total catch weight of groundfish between the regulatory
text and the logbooks.
Paragraph (g)(3)(iii)(E) is revised to add a cross reference to
paragraph 679.5(a)(9)(i).
Definitions--Section 679.2
Added Definitions. Definitions are added for the terms, ``Primary
product,'' ``Reprocessed or rehandled product,'' and ``Unsorted
codend.''
Revised Definitions. The definition for the term ``Fishing trip''
is revised by adding titles to definition paragraphs (1), (2), and (3);
and by revising text of paragraph (3) by changing the words ``part E''
to read ``subpart E.''
The term ``Transfer'' is revised to clarify two uses of the term:
For purposes of groundfish fisheries of the GOA and BSAI and for
purposes of the IFQ/CDQ fisheries.
Removed Definition. The definition for ``Processor'' is removed
because this term is a vestige of the Observer Research Plan, not
applicable for other regulatory uses, and confusing to the industry.
Applicability, Federal Fisheries Permit--Section 679.5(a)(1)
The paragraph title ``Exemption for vessels less than 60 ft LOA''
is added to paragraph (a)(1)(iii) for format consistency because the
other exemption under this paragraph was given a title in the proposed
rule.
Paragraph (a)(1)(iv)(D) is removed as not applicable to Federal
regulations.
Responsibility--Section 679.5(a)(3)
Paragraph (a)(3)(iii) is revised to clarify a requirement that the
logbook be signed by noon of the day following the week-ending date of
the weekly reporting period.
Participant Identification Information--Section 679.5(a)(5)
Paragraph (a)(5)(v) is removed since the information ``geographic
location of operations'' is no longer required. Paragraphs (a)(5)(vi)
through (viii) are redesignated as (a)(5)(v) through (vii).
Redesignated paragraph (a)(5)(vi) is revised to clarify the
recording of representative information on logbooks and forms.
Maintenance of Records--Section 679.5(a)(6)
Duplication occurred often in the current regulatory text of
paragraphs (a)(7), (a)(8), and (a)(9). To avoid the confusion that
often results from duplication, several paragraphs are removed or
revised for economy of space.
Page numbering. Paragraph (a)(6)(iii)(A) is revised to include
instructions on numbering pages through two or more logbooks per year.
Page numbers are to be consecutive from one logbook to the next, so the
new logbook will start with the page number that follows consecutively
the last page number of the first logbook.
Date. Paragraph (a)(6)(iii)(B) is revised to combine the text of
four paragraphs concerning catcher vessel and shoreside processor date
information in two different locations on the logsheet.
Processor type. Paragraph (a)(6)(iii)(I) is removed as redundant,
because processor type information is required at paragraph
(h)(3)(i)(E) for a mothership or catcher/processor check-in/check-out
report, at paragraph (i)(3) for the WPR, and at paragraph (j)(4) for
the daily production report (DPR).
Reporting area. Paragraph (a)(6)(iii)(E) is removed as redundant
because reporting area information is required at paragraph
(a)(7)(v)(B).
Species codes. Paragraph (a)(6)(iii)(F) is removed as redundant
because species code information is required at paragraphs
(a)(8)(i)(A), (a)(9)(i)(A), and (a)(10)(i)(A).
Original/revised report. Paragraph (a)(6)(iii)(G) is redesignated
as paragraph (a)(6)(iii)(E) because current paragraphs (E) and (F) are
removed for the reasons stated above. Newly designated paragraph
(a)(6)(iii)(E) is revised to exempt the DFL, DCL, or DCPL, since these
logbooks do not have this data requirement.
Active and Inactive Periods--Section 679.5(a)(7)
Paragraph (a)(7) is reconstructed to integrate regulatory text from
several sections into this one section, to group similar topics
together, to remove duplicate text, to add paragraph titles for visual
clarity, and to create format consistency in regulatory text in order
to increase readability.
Paragraph titles are added to paragraphs (a)(7)(i) through (7)(vi)
and (a)(7)(v)(A) through (E).
Paragraphs (a)(7)(i), (iii), (iv), and (vi)(A) through (D) are
revised to specify the requirement is for entries in the DFL, DCL, and
DCPL.
Paragraph (a)(7)(v)(C) is revised to clarify the requirement to
record number of observers.
Inactive period. Paragraph (a)(14)(i)(B) is redesignated as
paragraph (a)(7)(iii)(B), and paragraph (a)(7)(iii) is now paragraph
(a)(7)(iii)(A).
Gear type. Paragraph (a)(7)(v)(A)(2) is revised to be consistent in
format with the other paragraphs of this section.
Paragraph (a)(7)(v)(A)(4) is revised to incorporate requirements
for both a catcher/processor and a mothership when more than one gear
type is used to harvest groundfish in the same reporting area.
A new paragraph (a)(7)(v)(A)(5) is added to clarify that a
shoreside processor can use the gear type ``PTR TRANSFER'' in the DCPL,
but cannot record this gear type in a WPR.
Delivery information. Paragraph (a)(7)(v)(F), which describes
buying station delivery information, is redesignated as (a)(15)(x) and
revised to remove duplicate text.
Active, no fishing activity. Paragraph (a)(7)(vi) is redesignated
as paragraph (a)(7)(vi)(A), and a paragraph title is added. Paragraphs
(a)(7)(vii) through (ix) are redesignated as (a)(7)(vi)(B) through (D),
and paragraph titles are added.
Landings Information--Section 679.5(a)(8)
Paragraph titles are added to paragraphs (a)(8)(i) and (a)(8)(ii).
Paragraph (a)(8)(i) is redesignated as paragraph (a)(8)(i)(A).
Paragraphs (i)(3)(ii) and (j)(4)(ii) are combined and redesignated
as paragraph (a)(8)(i)(B) to clarify requirements for reporting
landings on a WPR and DPR.
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Paragraph (a)(8)(iii), which provides requirements for reporting
``no landings,'' is redesignated as (a)(8)(i)(C).
Introductory paragraph (a)(8) is redesignated as introductory
paragraph (a)(8)(i).
Paragraph (a)(8)(ii) is revised to remove time-limit language that
is required at paragraph (f)(2).
Paragraph (a)(8)(ii)(A) is revised to clarify that daily landings,
if recorded in lb, must be recorded to the nearest lb, or to at least
the nearest 0.001 mt, and to indicate with a check mark in the
appropriate box whether records are in lbs or in metric tons.
Paragraph (a)(8)(ii)(B) is removed, because the format of the
shoreside processor DCPL currently allows for records for one weekly
reporting period to appear on one page, if all factors are the same.
Paragraph (a)(8)(ii)(C) is revised to clarify calculation
requirements and is redesignated as paragraph (a)(9)(ii)(B).
Paragraph titles are added to paragraphs (a)(8)(ii)(A) and (B).
Product Information--Section 679.5(a)(9)
Paragraph (a)(9)(i) is redesignated as (a)(9)(i)(A) and is revised
by removing the text ``whether in Alaska State waters or Federal
waters'' and by adding the text ``COBLZ or RKCSA area if applicable
under paragraph (a)(7)(v)(B) of this section.''
Introductory paragraph (a)(9) is redesignated as (a)(9)(i) and is
revised. The words ``where required'' are removed because the paragraph
is reorganized so that each paragraph addresses a separate requirement.
Paragraphs (g)(3)(iii)(E), (i)(3)(iv) and (j)(4)(iii) are combined
and redesignated as paragraph (a)(9)(i)(B) to clarify requirements for
reporting product information on a WPR or DPR or products shipped or
received on a PTR.
Paragraph (a)(9)(ii) is redesignated as (a)(9)(ii)(A).
A new introductory paragraph (a)(9)(ii) is added.
Paragraph (a)(9)(v), which provides requirements for reporting ``no
production,'' is redesignated as (a)(9)(i)(C).
Paragraph (a)(9)(iii) is redesignated as (a)(9)(ii)(B) and revised
to clarify calculation of cumulative total weight.
Paragraph (a)(9)(iv) is redesignated as (a)(9)(iii).
Discard or Donate Information--Section 679.5(a)(10)
Introductory paragraph (a)(10) is added.
Paragraph (a)(10)(i)(A) is revised to include a cross reference to
prohibited species information.
Paragraph (a)(10)(i)(B), which provides requirements for reporting
no discards or donations, is redesignated as (a)(10)(i)(C).
A new paragraph (a)(10)(i)(B) is added, which incorporates various
regulatory requirements for reporting discards or donations on a WPR or
DPR that also appear in the logbook instruction manuals and on the WPR
and DPR.
Paragraph (a)(10)(ii)(A) is incorporated into (c) introductory
paragraph.
Paragraph (a)(10)(ii)(B) is redesignated as (c)(6)(i).
Paragraph (a)(10)(ii)(C) is redesignated as (c)(6)(ii).
Paragraphs (a)(10)(i)(C)(1) through (3) are redesignated as
(a)(10)(ii)(A) through (C).
Paragraphs (a)(10)(ii)(A) and (B) are revised to emphasize discard
or donation weight accuracy requirements and to clarify that the
cumulative summaries for the weekly reporting period are to be by
species, reporting area, gear type, COBLZ or RKCSA area if applicable,
and CDQ number. Also the instruction to make a check mark in the box to
indicate lb or metric tons is added from the instructions on the
logsheets.
Paragraph (a)(10)(i)(C)(4) is redesignated as (a)(10)(ii)(D).
Paragraph titles are added to (a)(10)(ii)(A) through (D).
Paragraph (a)(10)(iii)(B) is removed as redundant, since the same
information is found at (d)(2)(ii).
Paragraph (a)(10)(iii)(C) is redesignated as (d)(2)(ii)(B), which
presents time limits for submittal of the blue discard DFL copy and is
clarified.
Paragraph (a)(10)(iv) is removed as redundant since the same
information is found at (c)(2)(ii)(B).
Paragraph (a)(10)(v)(A) is removed as redundant since the same
information is found at (e)(1)(ii).
Paragraph (a)(10)(v)(B) is removed as redundant since the same
information is found at (a)(10)(ii).
Paragraphs (a)(10)(v)(C) through (E) are redesignated as
(e)(2)(iii)(A) through (C) and (f)(2)(iii)(A) through (C).
Contract processing--Section 679.5(a)(11)
Paragraph (a)(11) is revised to require that either a fisheries
permit or a processor permit number must be recorded rather than both
and to add notations that a WPR or DPR are maintained in the same
manner as the DCPLs.
The information contained in paragraph (a)(11)(ii) is integrated
into (a)(11)(i)(A) and (B), and paragraph (a)(11)(ii) is removed.
Submittal, Retention, and Distribution of Logbooks and Forms--Section
679.5(a)(14)
In response to industry's, U.S. Coast Guard's, and NMFS
Enforcement's requests for a simpler procedure for logbook distribution
requirements, paragraph (a)(14) is revised to consolidate materials
from paragraphs (a)(14), (a)(15), and (a)(16) and from several other
sections of the regulations. This consolidation provides instructions
on logbook and forms submittal, records retention, and integration of
buying station records. In addition, duplicate text is removed from the
regulations. Paragraphs (a)(15) and (a)(16) are removed.
The titles of paragraphs (a)(14) and (a)(14)(i) are revised to
change the words ``reports and forms'' to read ``forms,'' because there
are no reports due to NMFS other than forms.
Descriptions of logbooks are added and a requirement is revised to
clarify that, if a catcher vessel delivers an unsorted codend, the
catcher vessel's blue DFL copy should be removed from the logbook and
discarded.
Delivery Information--Buying Station, Mothership, and Shoreside
Processor--Section 679.5(a)(15)
In response to requests for a simpler procedure for delivery
information requirements, a new paragraph (a)(15) is added to
consolidate delivery information requirements for buying stations,
motherships, and shoreside processors by combining delivery text from
(d)(2)(ii)--buying station, (e)(2)--mothership, and (f)(2)--shoreside
processor. Additionally, redundant text is removed from the
regulations, and paragraph (a)(15)(ii) is added to clarify
documentation requirements for transfer of groundfish products between
processors.
Catcher Vessel DFL and Catcher/Processor DCPL--Section 679.5(c)
Introductory paragraph (c) is added.
The titles of paragraphs (c)(2)(i) and (c)(2)(ii) are revised to
add references to DFL and DCPL, respectively.
Paragraph (c)(2)(i)(D) is revised to change the cross reference to
a discard exemption paragraph from (a)(10)(ii)(B) to (c)(6)(i).
Paragraph (c)(5) is revised to specify that the requirements in
this paragraph are for vessels using fixed gear.
Paragraphs (c)(5)(i) and (ii) are revised to clarify that IFQ
information is recorded in the DFL in two categories: (1)
identification of permits and (2) landings.
Paragraph (c)(6) is added, incorporating information from
[[Page 47352]]
paragraph (a)(10) and is clarified to indicate that the blue DFL copy
should be removed and discarded if catcher vessel delivery is an
unsorted codend.
Buying Station DCL--Section 679.5(d)
Paragraphs (d)(2)(i) and (ii) are incorporated into paragraph
(a)(15).
Paragraph (d)(1) is redesignated as (d)(2).
Paragraph (d)(1)(i) is redesignated as (d)(2)(i) and is revised to
simplify regulatory language regarding delivery information.
Paragraph (d)(1)(ii) is split and redesignated as (d)(2)(ii),
incorporating language regarding discard or donation time-limit
information, and as (d)(2)(iii) incorporating time-limit language
regarding recording of all other information.
New paragraph (d)(2)(ii) is revised to incorporate discard or
donation information found in paragraph (a)(10)(iii) and in the 1998
instruction manual.
A new paragraph (d)(1) is added to provide recording requirements
for discard or donation information specific to a buying station,
formerly paragraph (a)(10)(iii)(A).
Mothership DCPL--Section 679.59(e)
Paragraph (e)(2) is incorporated into (a)(15).
Paragraph (e)(1) is redesignated as (e)(2).
A new paragraph (e)(1) is added to attain structural uniformity
with other sections of the regulations and to incorporate discard or
donation recording requirements specific to a mothership found in
paragraph (a)(10)(v).
Redesignated paragraph (e)(2)(i) is revised to provide an exemption
from recording IR/IU species information in logbooks within the time
limit of 2 hours after receipt of each groundfish delivery. This time
limit was not intended to apply to these species, but, by placement in
the logbook format, the IR/IU was unintentionally included in the 2-
hour time limit.
Redesignated paragraph (e)(2)(ii) is revised to incorporate a time
limit for recording product information formerly found in paragraph
(a)(9)(ii).
Paragraph (e)(2)(iii) is added to incorporate a time limit for
recording discard or donation information formerly found in paragraphs
(a)(10)(v)(A) and (a)(16)(iv) and to clarify the existing intention
that catcher vessel and buying station discard or donation information
be incorporated into the mothership DCPL within existing time limits.
Paragraph (e)(2)(iv) is added to incorporate a time limit for
recording all other information formerly found in paragraph (e)(1)(ii).
Shoreside Processor DCPL--Section 679.5(f)
Paragraph (f)(2)(i) is incorporated into (a)(15).
Paragraph (f)(1) is redesignated as (f)(2), and an introductory
paragraph is added.
Paragraphs (f)(1)(i) and (ii) are redesignated as (f)(2)(i) and
(ii), respectively, and redesignated paragraph (f)(2)(ii) is revised to
separate recording requirements for discard or donation information
specific to a shoreside processor that was formerly found in paragraphs
(a)(8)(ii), (a)(9)(ii), and (f)(1)(ii).
Paragraph (f)(2)(iii) is added to incorporate a time limit for
recording discard or donation information that was formerly found in
paragraphs (f)(1)(ii), (a)(10)(v)(A), and (a)(16)(iv) and to clarify
the existing intention that catcher vessel and buying station discard
or donation information be incorporated into the shoreside processor
DCPL within existing time limits.
Paragraph (f)(2)(iv) is added to incorporate a time limit for
recording all other information formerly found in paragraph (f)(1)(ii).
Product Transfer Report (PTR)--Section 679.5(g)
Paragraph (g)(1)(i) is redesignated as (g)(1) and is revised to
clarify that a PTR is required for transfer of donated prohibited
species and to reference existing exemptions to the PTR requirement.
Paragraphs (g)(1)(ii) and (iii) are redesignated as (g)(1)(i) and
(ii), respectively.
Redesignated paragraph (g)(1)(i) is revised to replace code M99
(defined as ``discard, offsite transfer. Discarded fish that are
transferred to any offsite facility for reduction to fish meal or fish
oil'') with code 41 (defined as ``whole fish/destined for offsite fish
meal production''). Paragraph (g)(1)(i) is further revised to clarify
that a PTR is not required for transfer of code 41 groundfish products
or of code 99 discards.
Paragraph (g)(1) is revised to clarify and simplify PTR
requirements and to remove the requirement for completion of one PTR
for each transfer of groundfish in the specific cases of daily
aggregated bait sales (paragraph (g)(1)(ii)) and daily aggregated over-
the-counter sales for human consumption (paragraph (g)(1)(iii)). This
removal of the requirement is accompanied by revision or addition of
the following paragraphs that address the recording of aggregated bait
transfer or over-the-counter sales on a PTR: (g)(3)(ii)(C)(2) and (3)
to integrate specific requirements for recording ``agent;''
(g)(3)(ii)(D)(4) and (5) to integrate specific requirements for
recording ``intended first destination;'' (g)(3)(ii)(E)(1)(i) and (ii)
and (g)(3)(ii)(E)(2)(iv) and (v) to include former paragraph
(g)(1)(iii) for recording start and finish ``date and time of product
transfer.''
Paragraph (g)(1)(iv) is added to remove the requirement for
completion of a PTR for each transfer of IFQ or CDQ sablefish in the
specific case of a processor operator or manager that is also an IFQ
registered buyer. This change relieves a duplicate reporting burden.
Paragraph (g)(2)(iii) is added to clarify that a PTR copy does not
accompany a groundfish shipment or an offload.
Paragraph (g)(3)(i) is revised to achieve uniform paragraph
structure within the regulations and to include cross references to
paragraphs 679.5(a) and (b).
Paragraphs (g)(3)(i)(A) and (D) are removed, since this information
has been included in paragraphs (a)(6)(iii)(E) and (a)(5)(vi),
respectively.
Paragraphs (g)(3)(i)(B), (C), and (E) are redesignated as
(g)(3)(i)(A) through (C), respectively.
Paragraph (g)(3)(i)(C) is revised to remove reference to
participation information found at paragraph (a)(5).
Paragraph (g)(3)(ii)(C) is revised to remove ``transport company''
from the definition of the term ``Agent'' so that the term refers only
to ``buyer or distributor.'' This change allows NMFS to determine the
name of the processor or the buying station receiving the shipment.
Paragraphs (g)(3)(ii)(E)(1) and (2) are revised to add a cross
reference to exceptions.
A title is added to paragraphs (g)(3)(ii)(E)(1) through (3) for
clarity and uniform paragraph structure.
Paragraph (g)(3)(ii)(E)(2)(ii) is revised to add the words ``of the
day'' between ``truck'' and ``leaves.''
Paragraph (g)(3)(ii)(E)(2)(iii) is revised to remove a cross
reference to paragraph (a)(6)(iii).
Paragraph (g)(3)(ii)(F) is revised to require that ``position
coordinates'' be more accurately defined in terms of latitude and
longitude in degrees and minutes as stated in the instruction manual.
[[Page 47353]]
Check-in/Check-out Report--Section 679.5(h)
Paragraphs (h)(2)(i)(B)(i) and (ii) and (h)(2)(ii)(B)(i) and (ii)
are redesignated as (h)(2)(i)(B)(1) and (2) and (h)(2)(ii)(B)(1) and
(2), respectively, to correct paragraph designations.
Paragraphs (h)(3)(i)(A)(5) and (h)(3)(i)(B)(5) are added to request
processor type. This information was formerly included in paragraph
(h)(3)(i)(D) before the proposed rule revisions.
The terms ``date,'' ``time,'' and ``position coordinates'' are
removed throughout Sec. 679.5(h), and the terms ``date (month-day-
year),'' ``time (to the nearest hour, A.l.t.),'' and ``latitude and
longitude of position in degrees and minutes'' are added to clarify
these terms.
Weekly Production Report--Section 679.5(i)
Paragraph (i)(3) is revised to reformat the paragraph and to
request processor type. This information was formerly included in
paragraph (i)(3)(i)(D) before the proposed rule revisions.
Paragraphs (i)(3)(ii) through (iv) are consolidated, respectively,
into paragraphs (a)(8) through (10).
Paragraph (i)(3)(v) is consolidated into paragraph (a)(15).
Daily Production Report--Section 679.5(j)
Paragraph (j)(4) is revised to request processor type.
Paragraphs (j)(4)(i) through (iii) are consolidated into paragraphs
(a)(8) through (10), respectively.
U.S. Vessel Activity Report--Section 679.5(k)
Paragraphs (k)(2)(i)(A) through (C) are consolidated, respectively,
into paragraphs (a)(6)(iii)(E), (a)(5), and (a)(5)(vi).
The requirement, formerly at paragraph (k)(2)(i)(C), for recording
the date the VAR was completed is removed because this no longer
appears on the VAR.
Paragraphs (k)(2)(i)(D) through (I) are redesignated as
(k)(2)(i)(A) through (F).
A sentence is added at the end of both redesignated paragraphs
(k)(2)(i)(A) and (B) to clarify the terms ``return'' and ``depart,''
respectively.
Redesignated paragraph (k)(2)(i)(C) is revised to clarify the
recording of ``port of landing.''
Redesignated paragraph (k)(2)(i)(E) is revised to clarify that the
time is recorded in Greenwich mean time.
Redesignated paragraph (k)(2)(i)(F) is revised to clarify the
recording of latitude and longitude of position.
IFQ Recordkeeping and Reporting Requirements--Section 679.5(l)
This section is reorganized to clarify the requirements.
The term that means NMFS Enforcement Division, Alaska Region in
Juneau, Alaska, is standardized to read ``NMFS Enforcement, Juneau,''
wherever it appears.
Some requirements on the back of the Registered Buyer Permit that
were referred to in regulations are moved into regulatory text.
Introductory paragraph (l) is revised by adding types of reports
discussed in the section.
The title to paragraph (l)(1) is revised to read ``Prior Notice of
IFQ Landing.''
The title of paragraph (l)(1)(i) is revised to read
``Applicability.''
Paragraph (l)(1)(i)(A) is redesignated as (l)(1)(ii), the title
``time limits'' is added; and the word ``notification'' is replaced
with ``prior notice.''
Paragraph (l)(1)(i)(B) is redesignated as (l)(1)(iii), the title
``information required'' is added; the word ``notification'' is
replaced with ``prior notice''; and the words ``to whom the IFQ halibut
or IFQ sablefish will be landed'' are replaced with ``who will be
responsible for completion and submission of the IFQ landing
report(s).''
Paragraph (l)(1)(i)(C) is redesignated as (l)(1)(iv); a title
``Exemption'' is added; the word ``IFQ'' is added before the word
``weight''; and a cross reference is corrected to read
Sec. 679.42(c)(2).
Paragraph (l)(1)(i)(D) is redesignated as (l)(1)(v), and the title
``Revision to prior notice'' is added.
Paragraph (l)(1)(ii) is redesignated as (l)(2) and the title is
revised to read ``Landing report.''
Paragraph (l)(1)(ii)(A) is redesignated as (l)(2)(i) and the title
``Applicability'' is added.
A new paragraph (l)(2)(ii) is added with the title ``Electronic
reporting.''
A new paragraph (l)(2)(ii)(A) is added from the back of the
Registered Buyer Permit, the first three sentences from the first
paragraph under the title ``Manner of reporting; the first term
``NMFS'' is replaced with ``NMFS Enforcement, Juneau'' and the second
and third ``NMFS'' are replaced with ``NMFS, Alaska Region;'' the terms
``local NMFS Enforcement Clearing Officer'' are replaced with
``clearing officer'' to standardize the term.
A new paragraph (l)(2)(ii)(B) is added from the back of the
Registered Buyer Permit, the second sentence from the second paragraph
under the title ``Manner of reporting.''
A new paragraph (l)(2)(ii)(C) is added from the back of the
Registered Buyer Permit, the third paragraph under the title ``Manner
of reporting;'' the first sentence is reorganized; the words ``until
the IFQ account(s) is properly debited'' are added; the word
``properly'' is added before the word ``debited'' in the second and
third sentences; and the words ``pursuant to paragraph (l)(7) of this
section'' are added to the last sentence.
New paragraphs (l)(2)(iii) and (iii)(A) are added from the back of
the Registered Buyer Permit; the last sentence of the first paragraph
under the title ``Manner of reporting;'' the words ``pursuant to
paragraph (l)(2)(ii) of this section'' are added after the word
``granted''; and the word ``Once'' is replaced by ``If'' at the
beginning of the first paragraph.
A new paragraph (l)(2)(iii)(B) is added from the manual landing
report to indicate required signatures.
Paragraph (l)(1)(ii)(B) is redesignated as (l)(2)(iv); the title
``Time limits and submittals'' is added; and the word ``IFQ'' is added
before the words ``cardholder'' and ``cardholder's.''
Paragraphs (l)(1)(ii)(B)(1) and (B)(2) are renumbered to
(l)(2)(iv)(A)(1) and (2), respectively; paragraph (l)(2)(iv)(A)(2) is
revised by adding the word ``IFQ'' before the word ``weight;'' the
cross reference is corrected to read Sec. 679.42(c)(2).
A new paragraph (l)(2)(iv)(B)) is added from the back of the
Registered Buyer Permit, last part of the first sentence of the second
paragraph under the title ``Manner of reporting;'' the words ``and the
IFQ accounts properly debited as defined in paragraph (l)(2)(ii)(C) of
this section'' are added after the word ``completed;'' and the words
``offload of IFQ landing'' are changed to read ``IFQ landing.''
Paragraph (l)(1)(iii)(A) is redesignated as (l)(2)(v).
Paragraph (l)(1)(iii)(B) is redesignated as (l)(3)(i)(C).
Paragraph (l)(1)(iv) is redesignated as (l)(2)(vi) and is revised
by removing ``product type landed'' and ``scale weight of the product
at the time of landing'' and by adding ``the harvesting vessel's ADF&G
number; the Alaska State fish ticket number(s) for the landing; the
ADF&G statistical area of harvest by the IFQ cardholder; if ADF&G
statistical area is bisected by a line dividing two IFQ regulatory
areas, the IFQ regulatory area of harvest reported by the IFQ
cardholder; for each ADF&G statistical area of harvest reported by the
IFQ cardholder, the product code landed and initial accurate scale
weight made at the time offloading
[[Page 47354]]
commences for IFQ species sold and retained.''
Paragraph (l)(2) is redesignated as (l)(3), and the title is
revised to read ``Shipment report.''
Paragraphs (l)(2)(i) and (l)(2)(i) (A) and (B) are consolidated and
redesignated as (l)(3)(i) and (l)(3)(i)(A) respectively, and, the title
of (l)(3)(i) is revised to read ``Requirement.''
A new paragraph (l)(3)(i)(B) is added from the back of the
Registered Buyer Permit, fourth paragraph under the title ``Manner of
reporting'' is revised by changing the words ``of IFQ species commenced
to leave the landing site'' to read ``commenced.''
Paragraph (l)(2)(i)(C) is redesignated as (l)(3)(i)(C), and
paragraph (l)(2)(i)(D) is redesignated as (l)(3)(iii).
Paragraph (l)(2)(ii)(A) is removed since the requirements in the
back of the Registered Buyer are incorporated into the regulations with
this final rule.
Paragraph (l)(2)(ii)(B) is redesignated as (l)(3)(ii); a title is
added to read ``Information required.''
Paragraph (l)(2)(ii)(C) is removed as duplicate.
Paragraphs (l)(2)(iii), (iii)(A), (iii)(B), and (iii)(C) are
removed as duplicates.
Paragraph (l)(2)(iv)(C) is redesignated as (l)(3)(iv); a title is
added to read ``Dockside sale;'' the words ``A registered buyer
conducting dockside sales must issue in lieu of a shipment report'' are
added at the beginning of the sentence; and the words ``through a
dockside sale'' are removed.
Paragraphs (l)(2)(iv)(A), (B), and (D) are removed as duplicate.
Paragraph (l)(2)(v) is redesignated as (l)(4), and the title is
revised to read ``Transshipment authorization.''
Paragraph (l)(3) is redesignated as (l)(5); the title is revised to
read ``Vessel clearance;'' and the words ``the clearing'' are replaced
with ``a clearing.''
Paragraph (l)(3)(i) is redesignated as (l)(5)(i), and the words ``a
person'' are replaced with ``the vessel operator'' to clarify the
requirement.
A new paragraph title ``Location of clearance'' is added as
(l)(5)(iii).
Paragraph (l)(3)(ii) is redesignated as (l)(5)(iii)(A); the words
``A vessel obtaining prelanding written clearance'' are replaced with
``A vessel operator intending to obtain a prelanding written clearance
for the vessel;'' and the word ``first'' is added before the word
``provide.''
Paragraph (l)(3)(iii) is redesignated as (l)(5)(iii)(B), and the
title is revised to read ``State other than Alaska, Departure report.''
Paragraph (l)(3)(iii)(A) is redesignated as (l)(5)(iii)(B)(1).
Paragraph (l)(3)(iii)(B) is redesignated as (l)(5)(iii)(B)(2) and a
title is added.
Paragraph (l)(3)(iv) is redesignated as (l)(5)(iii)(C); and the
article ``a'' is added between ``obtain'' and ``vessel.''
Paragraph (l)(3)(v) is redesignated as (l)(5)(iv)(D).
Title for paragraph (l)(3)(vi) is removed.
Paragraph (l)(3)(vi)(A) is redesignated as (l)(5)(ii)(A).
Paragraph (l)(3)(vi)(C) is redesignated as (l)(5)(ii)(B).
Paragraph (l)(3)(vi)(B) is redesignated as (l)(5)(iv), and a title
is added to read ``Permits and cards.''
Paragraphs (l)(3)(vii) and (viii) are redesignated as (l)(5) (v)
and (vi).
Consolidated Weekly ADF&G Fish Tickets From Motherships--Section
679.5(m)
Paragraphs (m)(2)(i), (m)(2)(i)(A), and (m)(2)(iv)(F) are revised
to clarify that the permit referred to is a Commercial Fisheries Entry
Commission, or a CFEC, permit.
Paragraph (m)(3)(ii) is revised to clarify that a fax copy of the
fish ticket from motherships is unacceptable. This clarification
conforms with ADF&G regulations for submittal of fish tickets.
Prohibited Species Bycatch Management--Section 679.21
Paragraph (e)(7)(iv) is revised to correct a cross reference from
(e)(3) to (e)(4) in two places.
Closures--Section 679.22
Paragraph (a)(3) is revised to correct a cross reference from
paragraph 679.21(e)(3)(ii)(B) to 679.21(e)(4)(ii)(B).
Paragraph (a)(5) is revised to add a cross reference to Figure 2--
CVOA.
Paragraph (a)(6) is revised to add the article ``the'' immediately
before ``Pribilof Island Area Habitat Conservation Zone.''
Paragraph (h) is added as a cross reference to forage fish closures
at Sec. 679.20(i)(3).
Seasons--Section 679.23
The Federal Register instructional text at paragraph 10 in the
proposed regulatory text omitted an instruction to revise paragraph
(g)(3). Therefore, the instructional text is revised.
Classification
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 Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains collection-of-information requirements subject
to the PRA. 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.
The collections of information have been approved by the Office of
Management and Budget (OMB), under OMB Control Numbers 0648-0206 and
0648-0213. OMB Control Number 0648-0272 has been approved except for
four data elements. See paragraphs below for details. Public comment is
sought regarding: Whether these proposed data elements are necessary
for the proper performance of the functions of the agency, including
whether the information shall have practical utility; the accuracy of
the burden estimate; ways to enhance the quality, utility, and clarity
of the information to be collected; and ways to minimize the burden of
the collection of information, including through the use of automated
collection techniques or other forms of information technology. Send
comments on these or any other aspects of the collections of
information to Sue Salveson, Assistant Administrator, Sustainable
Fisheries 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, Attn: Lori Gravel, and to OMB at the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC. 20503 (Attention: NOAA Desk Officer).
1. Approved under 0648-0206--Alaska permits. There are no new forms
or revisions to forms. 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.
2. Approved under 0648-0213--Alaska Region Logbook Family of Forms.
Revisions to existing logbooks and forms have the following effects:
Estimated time for an operator of a catcher vessel with fixed gear to
complete a DFL decreases from 0.38 hour per response to 0.30 hour per
response; estimated time for an operator of a catcher vessel with gear
other than fixed gear to complete a DFL decreases from 0.37 hour per
response to 0.30 hour per response; estimated time for an operator of a
catcher/processor with fixed gear to complete a catcher/processor DCPL
decreases from 0.58 hour per response to 0.50 hour per response;
estimated time for an operator of a catcher/processor with gear other
than fixed gear to complete a catcher/processor DCPL decreases from
0.56 hour per response to 0.50 hour per
[[Page 47355]]
response; estimated time for an operator of a mothership to complete a
mothership DCPL decreases from 0.55 hour per response to 0.52 hour per
response; estimated time for a manager of a shoreside processor to
complete a shoreside processor DCPL decreases from 0.45 hour per
response to 0.40 hour per response; estimated time for a manager or
operator of a buying station to complete a buying station DCL decreases
from 0.42 hour per response to 0.38 hour per response; estimated time
for a manager or operator of a processor to complete a WPR decreases
from 0.30 hour per response to 0.28 hour per response; estimated time
for a manager or operator of a processor to complete a DPR increases
from 0.17 hour per response to 0.18 hour per response; estimated time
for a manager or operator of a processor to complete a check-in/check-
out report decreases from 0.13 hour per response to 0.12 hour per
response for vessel processors and remains constant at 0.13 hour per
response for shoreside processors; estimated time for a manager or
operator of a buying station to complete a check-in/check-out report
decreases from 0.10 hour per response to 0.08 hour per response;
estimated time for an operator of a vessel to complete a VAR decreases
from 0.25 hour per response to 0.23 hour per response; removal of
voluntary submittal of an ADF&G Alaska Commercial Operator's Annual
Report results in a decrease of 6 hours per response; addition of the
requirement for motherships to submit ADF&G fish tickets results in an
increase of 0.58 hour per response.
The estimated times for completion were printed incorrectly in the
shoreside processor, mothership, catcher vessel, catcher/processor, and
buying station logbooks, and represent a longer estimated time than is
approved under OMB control number 0648-0213. Refer to the inside cover
of the instruction manuals for the correct time estimates that agree
with those given above.
3. Approved under 0648-0272--IFQs for Pacific halibut and
sablefish. There are no new forms. A request has been submitted to the
Office of Management and Budget (OMB) for approval of addition of the
following data elements to the landings report (Sec. 679.5(l)(2)(v):
harvesting vessel's ADF&G number; Alaska State fish ticket number for
the landing; ADF&G statistical area of the harvest reported by the IFQ
cardholder; if ADF&G statistical area is bisected by a line dividing
two IFQ regulatory areas, the IFQ regulatory area of harvest reported
by the IFQ cardholder. The information collection requirements for the
IFQ Program are repeated in this rule and have the following response
times: prior notice of landing (0.20 hour per response); landings
report (0.20 hour per response); shipment report (0.20 hour per
response); transshipment notice (0.10 hour per response); and vessel
clearance (0.10 hour per response).
This action has been determined to be not significant for purposes
of E.O. 12866. This determination is based on the information gathered
within the Regulatory Impact Review prepared for regulatory amendments
to recordkeeping and reporting requirements (November 14, 1997) and on
a finding of non-significance made for proposed rulemaking.
The Assistant General Counsel of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not prepared.
List of Subjects in 50 Part CFR 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: August 13, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 679 is
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., and 3631 et seq.
2. In Sec. 679.2, the definition for ``processor'' is removed; the
definitions for ``C. Opilio Crab Bycatch Limitation Zone (COBLZ),''
``Manager,'' ``Reporting area,'' and ``Transfer'' are revised; the
definition of ``Fishing trip'' is amended by adding headings to
paragraph (1) and (2) and revising the introductory text of paragraph
(3), and definitions for ``Ancillary product,'' ``Bled codend,''
``Catch,'' ``Central Gulf or GOA Central Regulatory Area,'' ``Deep
water flatfish,'' ``Discard,'' ``Eastern Gulf or GOA Eastern Regulatory
Area,'' ``Groundfish product or fish product,'' ``Other flatfish,''
``Other red rockfish,'' ``Other rockfish,'' ``Primary product,''
``Reprocessed or rehandled product,'' ``Retain on board,'' ``Shallow
water flatfish,'' ``Unsorted codend,'' and ``Western Gulf or GOA
Western Regulatory Area'' are added in alphabetical order to read as
follows:
Sec. 679.2 Definitions.
* * * * *
Ancillary product means a product, such as meal, heads, internal
organs, pectoral girdles, or any other product that may be made from
the same fish as the primary product.
* * * * *
Bled codend means a form of discard by vessels using trawl gear
wherein some or all of the fish are emptied into the sea from the net
before fish are brought fully on board.
* * * * *
Catch (see 50 CFR 600.10.)
* * * * *
Central Gulf or GOA Central Regulatory Area means that portion of
the GOA EEZ that is contained in Statistical Areas 620 and 630 (see
Figure 3 to this part).
* * * * *
C. Opilio Crab Bycatch Limitation Zone (COBLZ) (see Sec. 679.21(e)
and Figure 13 to this part.
* * * * *
Deep water flatfish (see annual final specifications published in
the Federal Register pursuant to Sec. 679.20(c).)
* * * * *
Discard (see Sec. 600.10.)
* * * * *
Eastern Gulf or GOA Eastern Regulatory Area means the Reporting
Areas 649 and 659 and that portion of the GOA EEZ that is contained in
Statistical Areas 640 and 650 (see Figure 3 to this part).
* * * * *
Fishing trip means:
(1) Groundfish directed fishing closures or the IR/IU Program. * *
*
(2) IFQ program. * * *
(3) Groundfish observer program. With respect to subpart E of this
part, one of the following periods:
* * * * *
Groundfish product or fish product means any species product listed
in Tables 1 and 2 to this part, excluding the prohibited species listed
in Table 2 to this part.
* * * * *
Manager, with respect to any shoreside processor or land-based
buying station, means the individual responsible for the operation of
the shoreside processor or land-based buying station.
* * * * *
Other flatfish (see annual final specifications published in the
Federal Register pursuant to Sec. 679.20(c).)
[[Page 47356]]
Other red rockfish (see annual final specifications published in
the Federal Register pursuant to Sec. 679.20(c); see also ``rockfish''
at Sec. 679.2.)
Other rockfish (see annual final specifications published in the
Federal Register pursuant to Sec. 679.20(c); see also ``rockfish'' at
Sec. 679.2.)
* * * * *
Primary product means a product, such as fillets, made from each
fish, with the highest recovery rate (see Table 1 to this part).
* * * * *
Reporting area (see Figures 1 and 3 to this part) means:
(1) An area that includes a statistical area of the EEZ off Alaska
and any adjacent waters of the State of Alaska;
(2) The reporting areas 300, 400, 550, and 690, which do not
contain EEZ waters off Alaska or Alaska state waters; or
(3) Reporting areas 649 and 659, which contain only waters of the
State of Alaska.
Reprocessed or rehandled product means a product, such as meal,
that results from processing a previously reported product or from
rehandling a previously reported product (see Table 1 to this part).
Retain on board (see Secs. 600.10 and 679.27 of this chapter.)
* * * * *
Shallow water flatfish (see annual final specifications published
in the Federal Register pursuant to Sec. 679.20(c).)
* * * * *
Transfer means:
(1) Groundfish fisheries of the GOA and BSAI. Any loading,
offloading, shipment or receipt of any groundfish product by a
mothership, catcher/processor, or shoreside processor, including
quantities transferred inside or outside the EEZ, within any state's
territorial waters, within the internal waters of any state, at any
shoreside processor, or at any offsite meal reduction plant.
(2) IFQ/CDQ fisheries. Any loading, offloading, shipment or receipt
of any groundfish product, including quantities transferred inside or
outside the EEZ, within any state's territorial waters, within the
internal waters of any state, at any shoreside processor, or at any
offsite meal reduction plant.
* * * * *
Unsorted codend is a codend of groundfish that is not brought on
board a catcher vessel and that is delivered to a mothership or
shoreside processor without the potential for sorting. No other
instance of catcher vessel harvest is considered an ``unsorted
codend.'' All other catch that does not meet this definition is
considered ``presorted'' whether or not sorting occurs.
* * * * *
Western Gulf or GOA Western Regulatory Areas means that portion of
the GOA EEZ that is contained in Statistical Area 610 (see Figure 3 to
this part).
* * * * *
3. In Sec. 679.3, paragraph (b) is revised to read as follows:
Sec. 679.3 Relation to other laws.
* * * * *
(b) Domestic fishing for groundfish. (1) The conservation and
management of groundfish in waters of the territorial sea and internal
waters of the State of Alaska are governed by the Alaska Administrative
Code at 5 AAC Chapter 28 and by the Alaska Statutes at Title 16.
(2) Alaska Administrative Code (5 AAC 39.130) governs reporting and
permitting requirements using ADF&G ``Intent to Operate'' and ``Fish
Tickets.''
* * * * *
4. In Sec. 679.4, paragraph (f)(1) is amended by removing the final
``s'' from the word ``States'' that follows the word ``Alaska;'' and
new paragraphs (i) and (j) are added to read as follows:
Sec. 679.4 Permits.
* * * * *
(i) Experimental fisheries permits. (See Sec. 679.6.)
(j) Salmon donation program permits. (See Sec. 679.26(a)(3).)
5. Section 679.5 is amended by revising paragraphs (a) through (l)
and by adding paragraph (m) to read as follows:
Sec. 679.5 Recordkeeping and reporting.
(a) General requirements--(1) Applicability, Federal fisheries
permit. Except as provided in paragraphs (a)(1)(iii) and (iv) of this
section, the following participants must comply with the recordkeeping
and reporting requirements of this section:
(i) Any catcher vessel, mothership, catcher/processor, or tender
vessel, 5 net tons or larger, that is required to have a Federal
fisheries permit under Sec. 679.4.
(ii) Any shoreside processor, mothership, or buying station that
receives groundfish from vessels issued a Federal fisheries permit
under Sec. 679.4. A shoreside processor, mothership, or buying station
subject to recordkeeping and reporting requirements must report all
groundfish and prohibited species received, including:
(A) Fish received from vessels not required to have a Federal
fisheries permit.
(B) Fish received under contract for handling or processing for
another processor.
(iii) Exemption for vessels less than 60 ft LOA. A catcher vessel
less than 60 ft (18.3 m) LOA is not required to comply with
recordkeeping and reporting requirements contained in Sec. 679.5(a)
through (j).
(iv) Exemption for groundfish used as crab bait. (A) Owners or
operators of catcher vessels who take groundfish in crab pot gear for
use as crab bait on board their vessels while participating in an open
season for crab, and the bait is neither transferred nor sold, are
exempt from Federal recordkeeping and reporting requirements contained
in paragraphs (a) through (j) of this section.
(B) This exemption does not apply to fishermen who:
(1) Catch groundfish for bait during an open crab season and sell
that groundfish or transfer it to another vessel, or
(2) Participate in a directed fishery for groundfish using any gear
type during periods that are outside an open crab season for use as
crab bait on board their vessel.
(C) No groundfish species listed by NMFS as ``prohibited'' in a
management or regulatory area may be taken in that area for use as
bait.
(2) Applicability, Federal processor permit. Any shoreside
processor or vessel operating solely as a mothership in Alaska State
waters that retains groundfish is responsible for complying with the
applicable recordkeeping and reporting requirements of this section.
(3) Responsibility. (i) The operator of a catcher vessel, catcher/
processor, mothership, or buying station receiving from a catcher
vessel and delivering to a mothership (hereafter referred to as the
operator) and the manager of a shoreside processor or buying station
receiving from a catcher vessel and delivering to a shoreside processor
(hereafter referred to as the manager) are each responsible for
complying with the applicable recordkeeping and reporting requirements
of this section.
(ii) The owner of a vessel, shoreside processor, or buying station
is responsible for compliance and must ensure that the operator,
manager, or representative (see paragraph (b) of this section) complies
with the requirements given in paragraph (a)(3)(i).
(iii) The signature of the owner, operator, or manager on the DFL,
DCL, or DCPL is verification of acceptance of the responsibility
required in paragraphs (a)(3)(i) and (ii) and must be
[[Page 47357]]
signed by noon of the day following the week-ending date of the weekly
reporting period.
(4) Groundfish logbooks and forms. The Regional Administrator will
prescribe and provide groundfish logbooks and forms required under this
section as shown in Table 9 to this part. The operator or manager must
use these logbooks and forms or obtain approval from the Regional
Administrator to use electronic versions of the logbooks and forms.
(5) Participant identification information. The operator or manager
must record on all required records, reports, and logbooks, as
appropriate:
(i) The name of the catcher vessel, catcher/processor, mothership,
shoreside processor, or buying station as displayed in official
documentation.
(ii) If a catcher vessel, the Federal fisheries permit number and
ADF&G vessel number.
(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, and 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.
(v) Except for a DFL, DCL, or DCPL, the following information
describing a representative's identification: the representative's
name, daytime business telephone number (including area code), and fax
or telex number. In addition, if completing a DPR, a VAR, or a
mothership or catcher/processor PTR or check-in/check-out report, the
representative's COMSAT number.
(vi) If a mothership or catcher/processor, the ADF&G processor code
and Federal fisheries permit number.
(vii) Signature of owner, operator, or manager (see paragraph
(a)(3)).
(6) Maintenance of records. (i) The operator or manager must
maintain all records, reports, and logbooks in a legible, timely, and
accurate manner; in English; if handwritten, in indelible ink; if
computer-generated, in a printed paper copy; and based on A.l.t.
(ii) The operator or manager must account for each day of the
fishing year in the logbook, starting with January 1 and ending with
December 31. Time periods must be recorded consecutively in the
logbook.
(iii) When applicable, the operator or manager must record in each
report, form, and logbook the following information:
(A) Page number. (1) Except as provided in paragraph
(a)(6)(iii)(A)(2) of this section, the operator or manager must number
the pages in each logbook consecutively, beginning with page 1 and
continuing throughout the logbook for the remainder of the fishing
year. If more than one logbook is used in a fishing year, the page
numbers should follow the consecutive order of the previous logbook.
(2) The manager of a shoreside processor must number the DCPL pages
within Part I and Part II separately, beginning with page 1.
(B) Date, presented as month-day-year.
(1) If a catcher vessel and the logsheet contains records for more
than one day, enter the first day of the logsheet at the top of the
logsheet and the date of each day in the ``catch'' and ``discard/
donate'' sections of the DFL.
(2) If a shoreside processor, enter the week-ending date of the
weekly reporting period at the top of the logsheet and the date of each
day of the week in the ``landings'' and ``discard/donate'' sections of
the DCPL.
(C) Time, in military format to the nearest hour, A.l.t.
(D) Position coordinates, latitude and longitude to the nearest
minute (optional: record to the nearest second or fraction of minute).
(E) Original/revised report. Except for a DFL, DCL, or DCPL, if a
report is the first one submitted to the Regional Administrator for a
given date, gear type, and reporting area, the report should be
labeled, ``ORIGINAL REPORT.'' If a report is a correction to a
previously submitted report for a given date, gear type, and reporting
area, the report should be labeled, ``REVISED REPORT.''
(7) Active and inactive periods--(i) Each day of fishing year.
Account for each day of the fishing year in the DFL, DCL, or DCPL by
checking the appropriate box to indicate active and inactive periods as
defined under Sec. 679.2.
(ii) Separate logsheet. (A) If a mothership, catcher/processor, or
buying station, use a separate logbook page for each day of an active
period.
(B) If a catcher vessel, use a separate logbook page for each day
or use one logbook page for up to 7 days.
(C) If a shoreside processor, use a separate logbook page for each
day or use one logbook page for up to 7 days.
(iii) Inactive period. (A) Indicate in the DFL, DCL, or DCPL on one
logbook page the first and last day of an inactive period.
(B) During an inactive period that extends across two or more
successive quarters, the operator or manager must complete two
logsheets: The one to indicate the last day of the first inactive
quarter and the next page to indicate the first day of the second
inactive quarter.
(iv) Fishing activity. Indicate in the DFL, DCL, or DCPL all
fishing activity, which is defined for each type of vessel as follows:
(A) If a catcher vessel--harvest or discard of groundfish.
(B) If a catcher/processor--harvest, discard, or processing of
groundfish.
(C) If a mothership or shoreside processor--receipt, discard, or
processing of groundfish.
(D) If a buying station--receipt, discard, or delivery of
groundfish.
(v) Active and conducting fishing activity. If in an active period
and conducting fishing activity, the operator or manager must record in
the DFL, DCL, or DCPL:
(A) Gear type. The gear type used to harvest the groundfish.
(1) If a catcher vessel or catcher/processor and using hook-and-
line gear, the average number of hooks per skate.
(2) If a mothership or shoreside processor and groundfish shipment
is received from a different processor through the use of a PTR, circle
``PTR TRANSFER.''
(3) If gear type is not an authorized fishing gear, circle
``OTHER.''
(4) If a mothership and groundfish are received in the same
reporting area but were harvested with more than one gear type or if a
catcher/processor and groundfish were caught in the same reporting area
using more than one gear type, the operator must use a separate page in
the DCPL for each gear type and must submit a separate check-in/check-
out report, DPR (if required), and WPR for each gear type.
(5) If a shoreside processor and groundfish are received from the
same reporting area but were harvested with more than one gear type,
the manager must:
(i) Use a separate page in the DCPL for each gear type.
(ii) Except for gear type ``PTR TRANSFER,'' submit a separate
check-in/check-out report, DPR (if required), and WPR for each gear
type. The manager must not use the gear type ``PTR TRANSFER'' on a WPR.
(B) Reporting Area. The reporting area code where gear retrieval
was completed (see Figures 1 and 3 to this part).
(1) If a haul or set occurs in more than one reporting area, record
the reporting area code where gear retrieval was completed, regardless
of where the majority of the haul or set took place.
(2) If a catcher vessel or catcher/processor using trawl gear,
record whether catch was harvested in the COBLZ or in the RKCSA.
[[Page 47358]]
(i) If recording in DFL or DCPL, use two separate pages, the first
to record the information from the reporting area that includes the
COBLZ or RKCSA and the second to record the information from the
reporting area that does not include the COBLZ or RKCSA.
(ii) If recording on a WPR, use two separate columns to record the
part of the same reporting area that includes the COBLZ or RKCSA and
the part that does not include the COBLZ or RKCSA.
(3) If a catcher/processor using trawl gear and recording on a
check-in/check-out report, the operator must submit a separate check-
in/check-out report to record the part of the same reporting area that
includes the COBLZ or RKCSA and the part that does not include the
COBLZ or RKCSA area.
(C) Observers. Except for a buying station, the number of observers
aboard or on site.
(D) Number of crew. Except for a shoreside processor, the number of
crew, excluding certified observer(s), on the last day of the weekly
reporting period.
(E) CDQ. Whether harvest is under a CDQ program; if yes, record the
CDQ number. If fishing under more than one CDQ number, use a separate
page for each.
(vi) Active, no fishing activity--(A) Catcher vessel. If a catcher
vessel, in an active period, and not harvesting or discarding
groundfish, the operator must check ``ACTIVE, NOT FISHING'' in the DFL
and briefly describe the reason.
(B) Catcher/processor. If a catcher/processor, in an active period,
and not harvesting, discarding, or processing groundfish, the operator
must record ``ACTIVE, NOT FISHING'' in the DCPL and briefly describe
the reason.
(C) Mothership or shoreside processor. If a mothership or shoreside
processor, in an active period, and not receiving, discarding, or
processing groundfish, the operator or manager must record ``NO
RECEIVING OR PROCESSING ACTIVITY'' in the DCPL and briefly describe the
reason.
(D) Buying station. If a buying station, in an active period, and
not receiving, discarding, or delivering groundfish, the operator or
manager must record ``NO RECEIVING OR DELIVERING ACTIVITY'' in the DCL
and briefly describe the reason.
(8) Landings information--(i) General. The manager of a shoreside
processor must:
(A) Record and report groundfish landings by species codes and
product codes as defined in Tables 1 and 2 to this part for each
reporting area, gear type, COBLZ or RKCSA area if applicable under
paragraph (a)(7)(v)(B) of this section, and CDQ number.
(B) If recording landings on a WPR or DPR, report each groundfish
landing only in metric tons to at least the nearest 0.001 mt.
(C) If no landings occurred, write ``NO LANDINGS'' for that day.
(ii) DCPL. The manager of a shoreside processor must record in the
DCPL:
(A) Daily landings. The daily combined scale weight of landings
retained for processing from a catcher vessel or from any associated
buying station, to the nearest lb or to at least the nearest 0.001 mt.
Use a check mark in the appropriate box to indicate whether records are
in lbs or in metric tons.
(B) Weekly landings. At the end of each weekly reporting period,
enter for each species and product code the cumulative total scale
weight of landings for that week, summarized separately by reporting
area, gear type, COBLZ or RKCSA area if applicable under paragraph
(a)(7)(v)(B) of this section, and CDQ number. The cumulative total
weight is calculated by adding the daily totals for that week.
(9) Product Information--(i) General. The operator of a catcher/
processor or mothership or the manager of a shoreside processor must:
(A) Record and report groundfish products by species codes, product
codes, and product designations as defined in Tables 1 and 2 to this
part for each reporting area, gear type, COBLZ or RKCSA area if
applicable under paragraph (a)(7)(v)(B) of this section, and CDQ
number.
(B) If recording products on a WPR or DPR or recording products
shipped or received on a PTR, the operator or manager must report each
groundfish product only in metric tons to at least the nearest 0.001
mt.
(C) If no production occurred, write ``NO PRODUCTION'' for that
day.
(ii) DCPL. The operator or manager must record in the DCPL:
(A) Daily production. The daily total, balance brought forward
(except for shoreside processors), and cumulative total fish product
weight for each groundfish product to the nearest lb or to at least the
nearest 0.001 mt. Use a check mark in the appropriate box to indicate
whether records are in lbs or in metric tons.
(B) Weekly production. At the end of each weekly reporting period,
enter for each species and product code the cumulative total fish
product weight for each groundfish product to the nearest lb or to at
least the nearest 0.001 mt, summarized separately by reporting area,
gear type, COBLZ or RKCSA area if applicable under paragraph
(a)(7)(v)(B) of this section, and CDQ number. The cumulative total fish
product weight is calculated by adding the daily totals and total
carried forward (except for a Shoreside Processor DCPL) for that week.
(iii) Beginning of weekly reporting period. At the beginning of
each weekly reporting period, the amount is zero, and nothing shall be
carried forward from the previous weekly reporting period.
(10) Discarded or donated species information. The operator or
manager must record or report discards or donations as follows:
(i) General. (A) Record and report prohibited species (see
Sec. 679.21(b)) and groundfish discards or donations by species and
product codes as defined in Tables 1 and 2 to this part for each
reporting area, gear type, COBLZ or RKCSA area if applicable under
paragraph (a)(7)(v)(B) of this section, and CDQ number.
(B) If recording discards or donations on a WPR or DPR, the manager
or operator must record:
(1) The weekly cumulative total discard or donation for each
species and product code of groundfish species, groundfish species
group, or Pacific herring in metric tons to at least the nearest 0.001
mt.
(2) The weekly cumulative total estimated numbers of discard or
donation for each species and product code of Pacific salmon, steelhead
trout, halibut, king crab, and Tanner crab.
(C) If there were no discards or donations, write ``NO DISCARDS,''
``0,'' or ``ZERO'' for that day.
(ii) Logbook--(A) Groundfish and herring. For each discard or
donation of groundfish, groundfish species groups, and Pacific herring,
record in the DCPL, DCL, or DFL the date of discard, the estimated
daily total, balance brought forward (except for shoreside processor
DCPL), and cumulative total estimated fish discards or donations weight
to the nearest lb or to at least the nearest 0.001 mt for each fishing
trip. Use a check mark in the appropriate box to indicate whether
records are in lbs or in metric tons.
(B) Prohibited species other than herring. For each discard or
donation of Pacific salmon, steelhead trout, halibut, king crab, and
Tanner crab, record in the DFL, DCL, or DCPL, the date of discard, the
estimated daily total, balance brought forward (except for shoreside
processor DCPL), and cumulative total estimated numbers for discards or
donations for each fishing trip.
(C) Cumulative totals. At the end of each fishing trip, calculate
the
[[Page 47359]]
cumulative total by adding the daily total and balance forward (except
for a Shoreside Processor DCPL), summarized separately by reporting
area, gear type, COBLZ or RKCSA area if applicable under paragraph
(a)(7)(v)(B) of this section, and CDQ number.
(D) Beginning of weekly reporting period. At the beginning of each
weekly reporting period, the amount is zero, and nothing shall be
carried forward from the previous weekly reporting period.
(11) Contract processing. The manager of a shoreside processor or
operator of a mothership who receives groundfish to be handled or
processed under contract for another processor or business entity must
report these fish to the Regional Administrator consistently throughout
a fishing year using one of the following two methods:
(i) Combined records. Record landings (if applicable), discards,
and products of contract-processed groundfish routinely in the DCPL,
WPR, or DPR without separate identification; or
(ii) Separate records. Record landings (if applicable), discards,
and products of contract-processed groundfish in a separate DCPL, WPR,
or DPR identified by the name, Federal processor permit number or
Federal fisheries permit number, and ADF&G processor code of the
associated business entity.
(12) Alteration of records. (i) The operator, manager, or any other
person may not alter or change any entry or record in a logbook, except
that an inaccurate or incorrect entry or record may be corrected by
lining out the original and inserting the correction, provided that the
original entry or record remains legible.
(ii) No person except an authorized officer may remove any original
page of any logbook.
(13) Inspection of records. The operator or manager must make all
logbooks, reports, and forms required under this section available for
inspection upon the request of an authorized officer.
(14) Submittal, retention, and distribution of logbooks and forms--
(i) Submittal of forms. Forms other than logbooks and mothership fish
tickets may be submitted by the operator or manager by:
(A) Using the NMFS printed form and faxing it to the fax number on
the form; or
(B) Transmitting a data file with required information and forms to
NMFS by modem or satellite (specifically INMARSAT standards A, B, or
C).
(ii) Submittal of logbooks. (A) For recordkeeping and reporting in
the groundfish fisheries of the EEZ off Alaska, the operator of a
catcher vessel, mothership, catcher/processor, or of a buying station
delivering to a mothership, or the manager of a shoreside processor or
of a buying station delivering to a shoreside processor is required to
use the logbooks issued per paragraph (a)(4) of this section, retain
the logbooks per paragraph (a)(14)(vii) of this section, and submit the
logbooks and logsheets to NMFS per paragraphs (a)(14)(iv), (v), and
(vi) of this section.
(B) The operator or manager of a buying station must maintain a
separate DCL for each mothership or shoreside processor to which the
buying station delivers groundfish during a fishing year.
(iii) Logbook descriptions. The copy sets of each logbook are
described below:
(A) Catcher vessel DFL. White, blue, and yellow copies.
(B) Catcher/processor DCPL. White and yellow copies.
(C) Mothership DCPL. White and yellow copies.
(D) Shoreside processor DCPL. White and yellow copies.
(E) Buying station DCL. White, pink, and yellow copies.
(iv) Logsheet distribution and retention. The operator or manager
must distribute or retain the multiple copies of each logsheet as
follows:
(A) White, original logsheet. The white copy remains permanently in
the logbook.
(B) Yellow logsheet--(1) DFL or DCPL. The yellow DFL or DCPL copy
is submitted to NMFS per paragraphs (a)(14) (v) and (vi) of this
section.
(2) DCL--(I) Buying station. The operator or manager of a buying
station must submit upon delivery of catch the yellow DCL copy to the
associated mothership or shoreside processor, along with the ADF&G fish
tickets for that delivery.
(ii) Mothership or shoreside processor. The operator or manager of
the associated mothership or shoreside processor receiving a delivery
from a buying station must submit the yellow DCL copy to NMFS per
paragraphs (a)(14)(v) and (vi) of this section after photocopying each
DCL yellow copy. The manager or operator of the associated mothership
or shoreside processor must retain these photocopies until the original
DCL is received from the associated buying station at the conclusion of
fishing or no later than February 1 of the following fishing year.
(C) Blue discard logsheet, DFL--(1) Catcher vessel. Except when
delivering an unsorted codend (see paragraph (c)(6)(i) of this
section), the operator of a catcher vessel must submit the blue DFL
copy to the buying station, mothership, or shoreside processor that
receives the groundfish harvest.
(2) Buying station. The operator or manager of a buying station
must submit upon delivery of catch to an associated mothership or
shoreside processor any blue DFL copies received from catcher vessels
delivering groundfish to the buying station.
(3) Mothership or shoreside processor. The operator of a mothership
or the manager of a shoreside processor must retain the blue DFL copies
submitted by operators of catcher vessels through the last day of the
fishing year during which the records were made.
(D) Pink logsheet, DCL. The operator or manager of a buying station
must retain the pink DCL copies for each associated mothership or
shoreside processor for 3 years after the end of the fishing year
during which the records were made.
(v) Logsheet submittal address. The yellow copies described in
paragraph (a)(14)(iv)(B) of this section must be submitted on a
quarterly basis to: NMFS Office of Enforcement, Alaska Region Logbook
Program, P.O. Box 21767, Juneau, AK 99802-1767.
(vi) Yellow logsheet submittal schedule. The yellow copies
described in paragraph (a)(14)(iv)(B) of this section must be submitted
to NMFS on the following schedule: Yellow copies from the first
quarter, by May 1 of that fishing year; yellow copies from the second
quarter, by August 1 of that fishing year; yellow copies from the third
quarter, by November 1 of that fishing year; and yellow copies from the
fourth quarter, by February 1 of the following fishing year.
(vii) Retention of logbooks and forms. (A) The operator of a
catcher vessel must retain the original (white) copy of all DFLs per
paragraph (a)(14)(vii)(E) of this section.
(B) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must retain the white copy of all
DCPLs per paragraph (a)(14)(vii)(E) of this section.
(C) The operator of a mothership or the manager of a shoreside
processor must retain the white copy of the DCL from each associated
buying station per paragraph (a)(14)(vii)(E) of this section.
(D) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must retain a paper copy of all forms
submitted to NMFS, including those forms that were originally submitted
electronically per paragraph (a)(14)(vii)(E) of this section.
[[Page 47360]]
(E) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must make the logbook copies and paper
forms required in paragraphs (a)(14)(vii)(A) through (D) of this
section available for inspection by an authorized officer:
(1) On site until the end of the fishing year during which the
records were made and for as long thereafter as fish or fish products
recorded in the logbooks and forms are retained.
(2) For 3 years after the end of the fishing year during which the
records were made.
(15) Delivery information for buying station, mothership, and
shoreside processor. The operator of a mothership or buying station
delivering to a mothership or the manager of a shoreside processor or
buying station delivering to a shoreside processor must record the
following information in the ``delivery information section'' of the
Buying Station DCL, Mothership DCPL, or Shoreside Processor DCPL:
(i) If groundfish delivery was made by a catcher vessel or buying
station, write ``CV'' or ``BS,'' respectively.
(ii) If groundfish delivery was made by another processor, record:
(A) A dash (--) in the CV/BS column, in the receive/discard column,
and in the fish ticket column.
(B) Name and ADF&G code of the processor that delivered the
groundfish.
(C) Time the delivery was completed.
(D) Estimated total round weight of the groundfish. Option: record
actual weights by species, if known.
(iii) If groundfish delivery is from a catcher vessel, whether the
blue DFL copies were submitted at time of delivery. If not submitted,
record the response ``NO'' and a ``P'' to indicate the catcher vessel
does not have a Federal fisheries permit; an ``L'' to indicate the
catcher vessel is under 60 ft (18.3 m) length overall (LOA); or a ``U''
to indicate the catcher vessel delivered an unsorted codend. If a
catcher vessel is under 60 ft (18.3 m) LOA and also does not have a
Federal fisheries permit, record a ``P.''
(iv) Name and ADF&G vessel number (if applicable) of the catcher
vessel or buying station delivering the groundfish.
(v) Date and time (to the nearest hour, A.l.t.) when receipt of
groundfish catch is completed.
(vi) If a mothership, latitude and longitude (to the nearest
minute) of the mothership position when the groundfish catch is
received. Option: Record to nearest second or fraction of minute.
(vii) Estimated total groundfish delivery weight of the groundfish
catch to the nearest lb or to the nearest mt.
(viii) ADF&G fish ticket numbers issued to catcher vessels for the
weekly reporting period, including the fish ticket numbers issued by an
associated buying station.
(ix) If a shoreside processor and located in a state other than
Alaska, the manager must record the fish ticket number issued through
that state. If a state fish ticket system is unavailable, the manager
must record the catch receipt number.
(x) If a buying station, the name and ADF&G processor code of the
associated mothership or shoreside processor to which groundfish
deliveries were made.
(b) Representative. The operator of a catcher vessel, mothership,
catcher/processor, or buying station delivering to a mothership or
manager of a shoreside processor or buying station delivering to a
shoreside processor may identify one person to fill out and sign the
logbook, to complete the recordkeeping and reporting forms, and to
identify the contact person for inquiries from NMFS. Designation of a
representative under this paragraph does not relieve the owner,
operator, or manager of responsibility for compliance under paragraph
(a)(3) of this section.
(c) Catcher vessel DFL and catcher/processor DCPL. In addition to
requirements described in paragraphs (a) and (b) of this section, the
operator of a catcher vessel or catcher/processor must record:
(1) Pair trawls. If two catcher vessels are dragging a trawl
between them (pair trawl), a separate DFL must be maintained by each
vessel. Each vessel operator must log the amount of the catch retained
by that vessel and any fish discarded by the vessel.
(2) Time limit and submittal--(i) Catcher vessel DFL. The operator
of a catcher vessel must record in the DFL:
(A) The time, position, and estimated total catch weight of
groundfish within 2 hours after gear retrieval.
(B) Discard or donation information as described at paragraph
(a)(10) of this section each day on the day they occur; all other
information required in the DFL by noon of the day following gear
retrieval.
(C) Notwithstanding other time limits, all information required in
the DFL within 2 hours after the vessel's catch is offloaded.
(D) Except as provided at paragraph (c)(6)(i) of this section,
within 2 hours of completion of catch delivery information, the
operator must submit the blue DFL copies with delivery of the harvest
to the operator of a mothership or a buying station delivering to a
mothership, or to the manager of a shoreside processor or buying
station delivering to a shoreside processor.
(ii) Catcher/processor DCPL. The operator of a catcher/processor
must record in the DCPL, for each haul or set:
(A) The time, position, and estimated total catch weight of
groundfish within 2 hours after gear retrieval.
(B) Product and discard or donation information as described at
paragraphs (a)(9) and (a)(10) of this section each day on the day they
occur; all other information required in the DCPL by noon of the day
following completion of production.
(C) Notwithstanding other time limits, record all information
required in the DCPL within 2 hours after the vessel's catch is
offloaded.
(3) Haul/set information. In addition to requirements described in
paragraphs (a) and (b) of this section, the operator of a catcher
vessel or catcher/processor must record the following information for
each haul or set:
(i) The number of haul or set, sequentially by year;
(ii) If the vessel is using hook-and-line gear, the number of
skates set. If the vessel is using longline pot or single pot gear, the
total number of pots set;
(iii) The date (month-day-year), begin time (to the nearest hour)
and position coordinates (to the nearest minute) of gear deployment;
(iv) The date (month-day-year), end time (to the nearest hour), and
position coordinates (to the nearest minute) of gear retrieval;
(v) The average sea depth and average gear depth, recorded to the
nearest meter or fathom;
(vi) The estimated total round catch weight of the groundfish catch
in lbs or to the nearest mt. If fishing in IFQ halibut fishery, enter
the estimated total weight of groundfish bycatch;
(vii) The round catch weight of pollock and Pacific cod;
(viii) If fishing in an IFQ fishery, the estimated round catch
weight of IFQ sablefish;
(ix) If fishing in an IFQ fishery, the round catch weight of
rockfish and Pacific cod; and
(x) When fishing in an IFQ fishery and the fishery for Pacific cod
or rockfish is closed to directed fishing in that reporting area as
described in Sec. 679.20, the operator must record up to and including
the maximum retainable bycatch amount for Pacific cod or rockfish as
defined in Table 10 or 11 to this part; quantities over this amount
must be recorded in the discard or donation section.
[[Page 47361]]
(4) Catcher vessel delivery information. The operator of a catcher
vessel must record:
(i) The date of delivery.
(ii) The name, ADF&G processor code, and ADF&G fish ticket
number(s) provided by the operator of the mothership or of the buying
station delivering to a mothership, or by the manager of a shoreside
processor or of a buying station delivering to a shoreside processor.
(5) IFQ data. The operator of a catcher vessel or catcher/processor
using fixed gear must record IFQ information as follows:
(i) IFQ Identification. (A) Check ``YES'' or ``NO'' to record 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) Name of each IFQ holder aboard the vessel and each holder's IFQ
permit number.
(ii) IFQ landings. If IFQ landings are made, the operator must
record the following:
(A) Month and day of landing.
(B) Name of registered buyer.
(C) Name of unloading port.
(6) Discard or donation information, catcher vessel. In addition to
the requirements in paragraph (a)(10) of this section, the operator of
a catcher vessel must record in the DFL:
(i) Unsorted codends. If deliveries to a mothership or shoreside
processor are unsorted codends, the catcher vessel is exempt from
recording discards in the DFL and from submittal of the blue DFL copy
(discards copy) for that delivery (see paragraph (a)(14)(iv)(C) of this
section). The operator must check the box entitled ``unsorted codend''
and must remove and discard the blue DFL copy.
(ii) Presorted delivery. Except as provided at Sec. 679.27(d), if
the deliveries of a catcher vessel are presorted at sea or if the
catcher vessel has ``bled'' a codend prior to delivery to a mothership,
shoreside processor, or buying station, the operator must:
(A) Check the ``presorted delivery'' box.
(B) Enter the estimated amount of discards or donations by species
in the DFL.
(d) Buying station DCL--(1) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator or
manager of a buying station must record discard or donation information
in the DCL that:
(i) Are reported on a blue DFL copy by a catcher vessel delivering
to a buying station.
(ii) Occur after receipt of harvest from a catcher vessel.
(iii) Occur prior to delivery of harvest to a mothership or
shoreside processor.
(2) Time limits. The operator or manager of a buying station must
record:
(i) Catcher vessel ``delivery information'' within 2 hours after
completion of receipt of each groundfish delivery.
(ii) Discard or donation information as described at paragraph
(a)(10) of this section:
(A) Each day on the day discards or donations occur:
(1) After receipt of harvest from a catcher vessel is completed;
and
(2) Prior to delivery of harvest to a mothership or shoreside
processor.
(B) On the day the blue DFL copy is received from a catcher vessel
delivering groundfish to the buying station;
(iii) All other information required in the DCL by noon of the day
following the day the receipt of groundfish was completed.
(e) Mothership DCPL--(1) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator of a
mothership must record discard or donation information in the DCPL
that:
(i) Is reported on a blue DFL copy by a catcher vessel or on a
yellow DCL copy by a buying station delivering groundfish to a
mothership.
(ii) Occurs on site after receipt of groundfish from a catcher
vessel or buying station.
(iii) Occurs during processing of groundfish.
(2) Time limits. The operator of a mothership must record:
(i) Except for records of round weight catch for IR/IU species
pollock and Pacific cod, ``delivery information'' in the DCPL within 2
hours after receipt of each groundfish delivery.
(ii) Product information as described at paragraph (a)(9) of this
section each day on the day they occur.
(iii) Discard or donation information as described at paragraphs
(a)(10) and (e)(1) of this section:
(A) Each day on the day they occur:
(1) On site after receipt of groundfish from a catcher vessel.
(2) During processing of groundfish.
(B) On the day the blue DFL copy is received from a catcher vessel
delivering groundfish to the mothership.
(C) On the day the yellow DCL copy is received from a buying
station delivering groundfish to a mothership.
(iv) All other information required in the DCPL by noon of the day
following the day of production completion.
(f) Shoreside processor DCPL--(1) General. In addition to
requirements described in paragraphs (a) and (b) of this section, the
manager of a shoreside processor must record in the DCPL:
(i) The management area (BSAI or GOA) for the product where the
groundfish was harvested on each section of the Part II logsheet.
(ii) Discard or donation information in the DCPL that:
(A) Is reported on a blue DFL copy by a catcher vessel or on a
yellow DCL copy by a buying station delivering groundfish to a
mothership.
(B) Occurs on site after receipt of groundfish from a catcher
vessel or buying station.
(C) Occurs during processing of groundfish.
(2) Time limits. The manager of a shoreside processor must record:
(i) All catcher vessel or buying station ``delivery information''
within 2 hours after completion of receipt of each groundfish delivery.
(ii) Landings and product information as described at paragraphs
(a)(8) and (a)(9), respectively, of this section each day on the day
they occur.
(iii) Discard or donation information as described at paragraph
(a)(10) of this section:
(A) Each day on the day they occur:
(1) On site after receipt of groundfish from a catcher vessel.
(2) During processing of groundfish.
(B) On the day the blue DFL copy is received from a catcher vessel
delivering groundfish to a shoreside processor.
(C) On the day the yellow DCL copy is received from a buying
station delivering groundfish to a shoreside processor.
(iv) All other information required in the DCPL by noon of the day
following the day of production completion.
(g) Groundfish Product Transfer Report (PTR)--(1) Requirement.
Except as provided in paragraphs (g)(1) (i) through (iv) of this
section, the operator of a mothership or catcher/processor or the
manager of a shoreside processor must record each transfer of
groundfish product or donated prohibited species on a separate PTR.
(i) Product codes 41 and 99. The operator or manager does not
report those fish products, defined as product code 41 in Table 1 to
this part, that are destined for offsite fish meal production or those
fish products, defined as product code 99 in Table 1 to this part that
are subsequently transferred for discard at sea.
(ii) Bait sales. The operator or manager may aggregate individual
sales or transfers of groundfish to vessels for bait purposes during a
day onto one PTR when recording the amount of such bait product leaving
a facility that day.
[[Page 47362]]
(iii) Over-the-counter groundfish sales. The operator or manager
may aggregate individual over-the-counter sales of groundfish for human
consumption in quantities less than 10 lb (0.0045 mt) per sale during a
day onto one PTR when recording the amount of such over-the-counter
product leaving a facility that day.
(iv) IFQ registered buyer. If the operator of a mothership or
catcher/processor or the manager of a shoreside processor possesses a
registered buyer permit issued per Sec. 679.4(d)(2), the operator or
manager is not required to submit a PTR to document shipment of IFQ or
CDQ sablefish product. However, a shipment report as described at
paragraph (l)(3) of this section is required for each shipment of IFQ
or CDQ sablefish product.
(2) Time limits and submittal. The operator of a mothership or
catcher/processor or manager of a shoreside processor must:
(i) Record all product transfer information on a PTR within 2 hours
of the completion of the transfer.
(ii) Submit by fax a copy of each PTR to the NMFS Alaska
Enforcement Division by 1200 hours, A.l.t., on the Tuesday following
the end of the applicable weekly reporting period in which the transfer
occurred.
(iii) A PTR is not required to accompany a shipment or offload.
(3) Information required--(i) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator of a
mothership or catcher/processor or the manager of a shoreside processor
must record on a PTR:
(A) Page numbers must be numbered consecutively, starting with the
first transfer of the fishing year as page 1 and continuing throughout
the remainder of the fishing year.
(B) ``RECEIPT,'' if product (including raw fish) is received;
``OFFLOAD,'' if product (including raw fish) is offloaded from a
mothership or catcher/processor; ``SHIPMENT,'' if product (including
raw fish) is shipped from a shoreside processor.
(C) If a catcher/processor or mothership, the USCG documentation
number.
(ii) Transfer information. The operator of a catcher/processor or
mothership or manager of a shoreside processor must record on each page
the following information for each transfer:
(A) Vessel name. If another vessel is involved with the transfer,
the name and call sign of the vessel receiving or delivering groundfish
or groundfish products.
(B) Port of landing. If a mothership or catcher/processor and the
transfer takes place in port, the port of landing and country, if a
foreign location.
(C) Agent. (1) Except as provided in paragraphs (g)(3)(ii)(C)(2)
and (g)(3)(ii)(C)(3) of this section, enter the agent's name, which,
for purposes of this section, is defined as the buyer or the
distributor.
(2) If groundfish bait transfer or sales are aggregated onto a PTR
for a given day as described at paragraph (g)(1)(ii) of this section,
enter ``fishing vessels.''
(3) If groundfish over-the-counter sales are aggregated onto a PTR
for a given day as described at paragraph (g)(1)(iii) of this section,
enter ``over-the-counter sales.''
(D) Intended first destination of product. (1) If an offload or
shipment, the intended destination of the vessel or agent receiving the
groundfish or groundfish product.
(2) If an offload or shipment has several destinations, the first
intended destination.
(3) If offload or shipment has a single destination but requires
loading on multiple vans, trucks, or airline flights, the transfer may
be recorded on a single PTR page.
(4) If groundfish bait sales are aggregated onto a PTR for a given
day as described at paragraph (g)(1)(ii) of this section, enter
``bait.''
(5) If groundfish over-the-counter sales are aggregated onto a PTR
for a given day as described at paragraph (g)(1)(iii) of this section,
enter ``over-the-counter sales.''
(E) Date and time of product transfer--(1) Start. Except as
provided in paragraphs (g)(3)(ii)(E)(1)(i) and (ii) of this section,
the date and time, as described in paragraph (a)(6)(iii) of this
section the transfer starts.
(i) Bait sales. If groundfish bait sales are aggregated onto a PTR
for a given day, the transfer start time is the time of the first bait
sale.
(ii) Over-the-counter sales. If groundfish over-the-counter sales
are aggregated onto a PTR for a given day, the transfer start time is
the time of the first over-the-counter sale.
(2) Finish. Except as provided in paragraphs (g)(3)(ii)(E)(2)(i)
through (v) of this section, the date and time, as described in
paragraph (a)(6)(iii) of this section, the transfer is completed.
(i) Individual van or flight. If shipment is an individual van load
or flight, the date and time when each shipment leaves the plant.
(ii) Multiple vans or trucks. If shipment involves multiple vans or
trucks, record date and time when the last van or truck of the day
leaves the plant.
(iii) Multiple airline flights. If shipment involves multiple
airline flights, record date and time when the last airline flight
shipment of the day leaves the plant.
(iv) Bait sales. If PTR is for aggregated groundfish bait sales for
a given day, the transfer finish time is the time of the last bait
sale.
(v) Over-the-counter sales. If PTR is for aggregated groundfish
over-the-counter sales for a given day, the transfer finish time is the
time of the last over-the-counter sale.
(F) Position transferred. If a catcher/processor or mothership and
transfer of product is made at sea, the latitude and longitude of the
transfer position in degrees and minutes.
(iii) Products and quantities offloaded, shipped, or received. The
operator of a catcher/processor or mothership or manager of a shoreside
processor must record the following information:
(A) If a catcher/processor or mothership, the harvest zone code of
the area in which groundfish were harvested as defined in Table 8 to
this part.
(B) The species code and product code for each product transferred
as defined in Tables 1 and 2 to this part.
(C) The number of cartons or production units transferred.
(D) The average net weight of one carton for each species and
product code in kilograms or lbs.
(E) The total net weight (fish product weight, to the nearest 0.001
mt) of the products transferred.
(iv) Total or partial offload. If a catcher/processor or
mothership, whether the transfer is a total or partial offload. If
partial offload, the total fish product weight, to the nearest 0.001
mt, of the products (by harvest zone, species and product codes)
remaining on board after this transfer.
(h) Check-in/check-out report--(1) Applicability--(i) Transit
between reporting areas. If a vessel is transiting through a reporting
area and is not fishing or receiving fish, a check-in or check-out
report is not required from that area.
(ii) Multiple vessel operations categories--(A) Check-in report. If
a catcher/processor is functioning simultaneously as a mothership in
the same reporting area, the operator must submit a separate check-in
report for each vessel operations category.
(B) Check-out report. Upon completion of each activity, the
operator must submit a check-out report for each vessel operations
category.
(2) Time limits and submittal--(i) Check-in report (BEGIN
message)--(A)
[[Page 47363]]
Catcher/processor--(1) Using hook-and-line or pot gear. (i) Before the
operator of a catcher/processor using hook-and-line or pot gear sets
gear for groundfish in any reporting area except 300, 400, 550, or 690,
the operator must submit a check-in report (BEGIN message) by fax to
the Regional Administrator.
(ii) The operator of a catcher/processor using hook-and-line or pot
gear may be checked-in to more than one area simultaneously.
(2) Using other than hook-and-line or pot gear. (i) Before the
operator of a catcher/processor using other than hook-and-line or pot
gear commences fishing for groundfish in any reporting area except 300,
400, 550, or 690, the operator must submit a check-in report (BEGIN
message) by fax to the Regional Administrator.
(ii) The operator of a catcher/processor using other than hook-and-
line or pot gear may be checked-in to only one area at a time.
(B) Mothership, shoreside processor, buying station. (1) Before a
mothership, shoreside processor, or buying station commences receipt of
groundfish from any reporting area except 300, 400, 550, or 690, the
operator or manager must submit a check-in report (BEGIN message) by
fax to the Regional Administrator.
(2) The operator of a mothership may be checked into more than one
area simultaneously.
(C) Directed fishing under a CDQ allocation. The operator must
submit by fax a check-in report to the Regional Administrator prior to
directed fishing for each CDQ allocation.
(ii) Check-out report (CEASE message)--(A) Catcher/processor--(1)
Using hook-and-line or pot gear. (i) If a catcher/processor using hook-
and-line or pot gear departs a reporting area and gear retrieval is
complete from that area, the operator must submit by fax a check-out
report to the Regional Administrator within 24 hours after departing a
reporting area.
(ii) If a catcher/processor using hook-and-line or pot gear is
checked-in to multiple reporting areas, the operator must submit a
check-out report for each reporting area by fax.
(2) Using other than hook-and-line or pot gear. If a catcher/
processor using other than hook-and-line or pot gear departs a
reporting area, the operator must submit by fax a check-out report to
the Regional Administrator within 24 hours after departing a reporting
area but prior to checking-in another reporting area.
(B) Mothership or buying station delivering to a mothership. (1) If
a mothership or buying station delivering to a mothership completes
receipt of groundfish, the operator must submit a check-out report by
fax to the Regional Administrator within 24 hours after departing a
reporting area.
(2) If a mothership is checked-in to multiple reporting areas, the
operator must submit a check-out report for each reporting area by fax.
(C) Shoreside processor. If a shoreside processor, the manager:
(1) Must submit a check-out report by fax to the Regional
Administrator within 48 hours after the end of the applicable weekly
reporting period that a shoreside processor ceases to process
groundfish for the fishing year.
(2) May submit a check-out report by fax to the Regional
Administrator when receipt or processing of groundfish is temporarily
halted during the fishing year for a period of at least two weekly
reporting periods.
(D) Buying station delivering to a shoreside processor. If a land-
based buying station delivering to a shoreside processor, the manager:
(1) Must submit a check-out report by fax to the Regional
Administrator within 24 hours after delivery of groundfish ceases for
the fishing year.
(2) May submit a check-out report by fax to the Regional
Administrator when receipt of groundfish is temporarily halted during
the fishing year for a period of at least two weekly reporting periods.
(E) End of fishing year. If a check-out report has not previously
been submitted during a fishing year, the operator or manager must
submit a check-out report at the end of that fishing year, December 31.
(F) Directed fishing under a CDQ allocation. The operator must
submit a check-out report by fax to the Regional Administrator within
24 hours after directed fishing for each species under each CDQ
allocation has ceased.
(3) General information. In addition to requirements described in
paragraphs (a) and (b) of this section, the operator of a catcher/
processor, mothership, or of a buying station delivering to a
mothership or the manager of a shoreside processor or buying station
delivering to a shoreside processor must record:
(i) BEGIN message--(A) Mothership. (1) Date (month-day-year) and
time (to the nearest hour, A.l.t.) that receipt of groundfish begins.
(2) Latitude and longitude of position in degrees and minutes where
groundfish receipt begins.
(3) Reporting area code where groundfish receipt begins and whether
mothership is receiving groundfish in the COBLZ or RKCSA area.
(4) Primary and secondary species expected to be received the
following week. A change in intended target species within the same
reporting area does not require a new BEGIN message.
(5) Whether acting as a mothership or catcher/processor.
(B) Catcher/processor. (1) Date (month-day-year) and time (to the
nearest hour, A.l.t.) that gear is deployed.
(2) Latitude and longitude of position in degrees and minutes where
gear is set.
(3) Reporting area code where gear deployment begins and whether
catcher/processor is located in the COBLZ or RKCSA area.
(4) Primary and secondary species expected to be harvested the
following week. A change in intended target species within the same
reporting area does not require a new BEGIN message.
(5) Whether acting as a mothership or catcher/processor.
(C) Shoreside processor. (1) Date (month-day-year) the facility
will begin to receive groundfish.
(2) Whether checking in for the first time at the beginning of the
fishing year or checking in to restart receipt and processing of
groundfish after filing a check-out report.
(D) Buying station. (1) If delivering to a mothership, reporting
area code where groundfish receipt begins.
(2) Date (month-day-year) facility will begin to receive
groundfish.
(3) Whether checking in at the beginning of the fishing year or
checking in to restart after filing a check-out report.
(4) Intended primary target species expected to be received the
following week. A change in intended target species within the same
reporting area does not require a new BEGIN message.
(ii) CEASE message--(A) Mothership. Date (month-day-year), time (to
the nearest hour, A.l.t.), and latitude and longitude of position in
degrees and minutes where the last receipt of groundfish was made.
(B) Catcher/processor. Date (month-day-year), time (to the nearest
hour, A.l.t.), and latitude and longitude of position in degrees and
minutes where the vessel departed the reporting area.
(C) Shoreside processor. Date (month-day-year) that receipt of
groundfish ceased.
(D) Buying station. (1) If delivering to a mothership, date (month-
day-year), time (to the nearest hour, A.l.t.), and latitude and
longitude of position in degrees and minutes where the vessel departed
the reporting area.
(2) If delivering to a shoreside processor, date (month-day-year)
that receipt of groundfish ceased.
[[Page 47364]]
(iii) Fish or fish product held at plant. The manager of a
shoreside processor must report the weight of all fish or fish products
held at the plant in lbs or to the nearest 0.001 mt by species and
product codes on each check-in report and on each check-out report.
(i) Weekly Production Report (WPR)--(1) Applicability.
(i) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must submit a WPR for any week the
mothership, catcher/processor, or shoreside processor is checked in
pursuant to paragraph (h)(2)(i) of this section.
(ii) The operator of a vessel that is authorized to conduct
operations as both a catcher/processor and as a mothership must submit
separate WPRs to report production and discard as a catcher/processor
and production and discard as a mothership.
(2) Time limits and submittal. The operator or manager must submit
a WPR by fax to the Regional Administrator by 1200 hours, A.l.t., on
the Tuesday following the end of the applicable weekly reporting
period.
(3) Information required. In addition to requirements described in
paragraphs (a) and (b) of this section, the operator of a catcher/
processor or mothership, or manager of a shoreside processor must
record:
(i) The date (month-day-year) the WPR was completed.
(ii) The primary and secondary target codes for the following week.
(iii) If a mothership or catcher/processor, record the processor
type.
(j) Daily Production Report (DPR)--(1) Notification. If the
Regional Administrator determines that DPRs are necessary to avoid
exceeding a groundfish TAC or prohibited species bycatch allowance,
NMFS may require submission of DPRs from motherships, catcher/
processors, and shoreside processors for reporting one or more
specified species, in addition to a WPR. NMFS will publish notification
in the Federal Register specifying the fisheries that require DPRs and
the dates that submittal of DPRs are required.
(2) Applicability. (i) If a catcher/processor or mothership is
checked in to the specified reporting area and is harvesting,
receiving, processing, or discarding the specified species or is
receiving reports from a catcher vessel of discard at sea of the
specified species, the operator must submit a DPR.
(ii) If a shoreside processor is receiving, processing, or
discarding the specified species or is receiving reports from a catcher
vessel of discard at sea of the specified species, the manager must
submit a DPR.
(iii) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must use a separate DPR for each gear
type, processor type, and CDQ number.
(3) Time limit and submittal. The operator or manager must submit a
DPR by fax to the Regional Administrator by 1200 hours, A.l.t., the day
following each day of landings, discard, or production.
(4) Information required. In addition to requirements described in
paragraphs (a) and (b) of this section, the operator of a catcher/
processor or mothership, or the manager of a shoreside processor must
record the processor type.
(k) U.S. Vessel Activity Report (VAR)--(1) Applicability. The
operator of a catcher vessel, catcher/processor, or of a mothership
regulated under this part must submit a VAR by fax to NMFS Alaska
Enforcement Division, Juneau, AK, before the vessel crosses the seaward
boundary of the EEZ off Alaska or crosses the U.S.-Canadian
international boundary between Alaska and British Columbia.
(2) Information required--(i) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator of
each catcher vessel, catcher/processor, or mothership must record:
(A) If the vessel is crossing into the seaward boundary of the EEZ
off Alaska or crossing the U.S.-Canadian international boundary between
Alaska and British Columbia into U.S. waters, the operator must
indicate a ``return'' report. ``Return,'' for purposes of this
paragraph, means coming back to Alaska.
(B) If the vessel is crossing out of the seaward boundary of the
EEZ off Alaska or crossing the U.S.-Canadian international boundary
between Alaska and British Columbia into Canadian waters, the operator
must indicate a ``depart'' report. ``Depart,'' for purposes of this
paragraph, means leaving Alaska.
(C) Port of landing. If no fish on board, indicate first
destination.
(D) Whether the vessel is returning from fishing or departing to
fish in the Russian Zone.
(E) Date (month-day-year) and time (Greenwich mean time) the vessel
will cross the seaward boundary of the EEZ off Alaska or the U.S.-
Canadian international boundary between Alaska and British Columbia.
(F) Latitude and longitude of position in degrees and minutes at
the point of crossing the seaward boundary of the EEZ off Alaska or
U.S.-Canadian international boundary between Alaska and British
Columbia.
(ii) Fish or fish products. The operator of a catcher vessel,
catcher/processor, or mothership must record the fish or fish products
on board the vessel when crossing the seaward boundary of the EEZ off
Alaska or U.S.-Canadian international boundary as follows:
(A) The harvest zone code of the area in which groundfish were
harvested as defined in Table 8 to this part.
(B) The species code and product code for each species on board as
defined in Tables 1 and 2 to this part.
(C) The fish product weight of products on board in lbs or to the
nearest 0.001 mt.
(l) IFQ recordkeeping and reporting requirements. In addition to
the recordkeeping and reporting requirements in this section and as
prescribed in the annual management measures published in the Federal
Register pursuant to Sec. 300.62 of chapter III of this title, the
following IFQ reports are required, when applicable: prior notices of
landing, landing report, shipment report, transshipment authorization,
vessel clearance report, and departure report.
(1) Prior notice of IFQ landing--(i) Applicability. Except as
provided in paragraph (l)(1)(iv) of this section, the operator of any
vessel making an IFQ landing must notify the NMFS Enforcement, Juneau,
no fewer than 6 hours before landing IFQ halibut or IFQ sablefish,
unless permission to commence an IFQ landing within 6 hours of
notification is granted by a clearing officer.
(ii) Time limits. Prior notice of an IFQ landing must be made to
the toll-free telephone number specified on the IFQ permit between the
hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
(iii) Information required. Prior notice must include the
following: Name of the registered buyer(s) who will be responsible for
completion and submission of the IFQ Landing Report(s); the location of
the landing; vessel identification; estimated weight of the IFQ halibut
or IFQ sablefish that will be landed; identification number(s) of the
IFQ card(s) that will be used to land the IFQ halibut or IFQ sablefish;
and the date and time that the landing will take place.
(iv) Exemption. The operator of a category B, C, or D vessel, as
defined at Sec. 679.40(a)(5), making an IFQ landing of IFQ halibut of
500 lb (0.227 mt) or less of IFQ weight determined pursuant to
Sec. 679.42(c)(2) and concurrent with a legal landing of salmon is
exempt from the prior notice of landing required by this section.
(v) Revision to prior notice. The operator of any vessel wishing to
land
[[Page 47365]]
IFQ halibut or IFQ sablefish before the date and time reported in the
prior notice or later than 2 hours after the date and time reported in
the prior notice must submit a new prior notice of IFQ landing as
described in paragraphs (l)(1)(i) through (iii) of this section.
(2) Landing report--(i) Applicability. A registered buyer must
report an IFQ landing within 6 hours after all such fish are landed and
prior to shipment or departure of the delivery vessel from the landing
site.
(ii) Electronic landing report. (A) Electronic landing reports must
be submitted to NMFS Enforcement, Juneau, using magnetic strip cards
issued by NMFS, Alaska Region, and transaction terminals and printers
driven by custom-designed software, as provided and/or specified by
NMFS, Alaska Region. It is the responsibility of the registered buyer
to locate or procure a transaction terminal and report as required.
Waivers from the electronic reporting requirement can only be granted
in writing on a case-by-case basis by a local clearing officer.
(B) The IFQ cardholder must initiate a landing report by using his
or her own magnetic card and personal identification number (PIN).
(C) Once landing operations have commenced, the IFQ cardholder and
the harvesting vessel may not leave the landing site until the IFQ
account is properly debited. The offloaded IFQ species may not be moved
from the landing site until the IFQ landing report is received by NMFS
Enforcement, Juneau, and the IFQ cardholder's account is properly
debited. A properly concluded transaction terminal receipt or manual
landing report receipt received by fax from NMFS Enforcement, Juneau,
constitutes confirmation that NMFS received the landing report and that
the cardholder's account was properly debited. After the registered
buyer enters the landing data in the transaction terminal and a receipt
is printed, the IFQ cardholder must sign the receipt. Legible copies of
the receipt must be retained by both the registered buyer and the IFQ
cardholder pursuant to paragraph (l)(7) of this section.
(iii) Manual landing report. (A) If a waiver has been granted
pursuant to paragraph (l)(2)(ii) of this section, manual landing
instructions must be obtained from NMFS Enforcement, Juneau, at (800)
304-4846 or (907) 586-7163. Completed manual landing reports must be
submitted by fax to NMFS Enforcement, Juneau, at (907) 586-7313.
(B) The manual landing report must be signed by the registered
buyer, the IFQ cardholder, and the NMFS representative to show that the
IFQ cardholder's account was properly debited.
(iv) Time limits and submittals. (A) An IFQ landing may commence
only between 0600 hours, A.l.t., and 1800 hours, A.l.t., unless:
(1) Permission to land at a different time is granted in advance by
a clearing officer; or
(2) IFQ halibut of 500 lb (0.227 mt) or less of IFQ weight
determined pursuant to Sec. 679.42(c)(2) is landed concurrently with a
legal landing of salmon by a category B, C, or D vessel, as defined at
Sec. 679.40(a)(5).
(B) An IFQ landing report must be completed and the IFQ account(s)
properly debited, as defined in paragraph (l)(2)(ii)(C) of this
section, within 6 hours after the completion of the IFQ landing.
(v) Landing verification and inspection. Each IFQ landing and all
fish retained on board the vessel making an IFQ landing are subject to
verification, inspection, and sampling by authorized officers, clearing
officers, or observers. Each IFQ halibut landing is subject to sampling
for biological information by persons authorized by the IPHC.
(vi) Information required. The registered buyer must enter accurate
information contained in a complete IFQ landing report as follows:
Date, time, and location of the IFQ landing; name and permit number of
the IFQ card holder and registered buyer; the harvesting vessel's ADF&G
number; the Alaska State fish ticket number(s) for the landing; the
ADF&G statistical area of harvest reported by the IFQ cardholder; if
ADF&G statistical area is bisected by a line dividing two IFQ
regulatory areas, the IFQ regulatory area of harvest reported by the
IFQ cardholder; for each ADF&G statistical area of harvest reported by
the IFQ cardholder, the product code landed and initial accurate scale
weight made at the time offloading commences for IFQ species sold and
retained.
(3) Shipment report--(i) Requirement. Each registered buyer, other
than those conducting dockside sales must:
(A) Complete a written shipment report for each shipment or
transfer of IFQ halibut and IFQ sablefish from that registered buyer
before the fish leave the landing site.
(B) Assure that a shipment report is submitted to, and received by,
NMFS Enforcement, Juneau, by fax to (907) 586-7313 or mail to P.O. Box
21767, Juneau, AK 99802-1767, within 7 days of the date shipment
commenced.
(C) Assure that a copy of the shipment report or a bill of lading
containing the same information accompanies the shipment of IFQ species
from the landing site to the first destination beyond the location of
the IFQ landing.
(ii) Information required. A shipment report must specify the
following: Species and product type being shipped, number of shipping
units, fish product weight, names of the shipper and receiver, names
and addresses of the consignee and consignor, mode of transportation,
and intended route.
(iii) Revision to shipment report. Each registered buyer must
ensure that, if any information on the original Shipment Report changes
prior to the first destination of the shipment, a revised shipment
report is submitted to NMFS Enforcement, Juneau, clearly labeled
``Revised Shipment Report'' and that the revised shipment report be
received by NMFS Enforcement, Juneau, within 7 days of the change.
(iv) Dockside sale or outside landing--(A) Dockside sale.(1) A
registered buyer conducting dockside sales must issue a receipt in lieu
of a shipment report, that includes the date of sale or transfer, the
registered buyer permit number, and the fish product weight of the IFQ
sablefish or halibut transferred to each individual receiving IFQ
halibut or IFQ sablefish.
(2) A person holding a valid IFQ permit, IFQ card, and registered
buyer permit may conduct a dockside sale of IFQ halibut or IFQ
sablefish to a person who has not been issued a registered buyer
permit.
(B) Outside landing. A person holding a valid IFQ permit, IFQ card,
and registered buyer permit may conduct an IFQ landing outside an IFQ
regulatory area or the State of Alaska to a person who does not hold a
registered buyer permit.
(C) Landing report. The person making such an IFQ landing as
described in paragraph (l)(3)(iv)(A) or (B) of this section must submit
an IFQ landing report in the manner prescribed in paragraph (l)(2) of
this section before any fish are sold, transferred, or removed from the
immediate vicinity of the vessel with which they were harvested.
(4) Transshipment authorization. No person may transship processed
IFQ halibut or IFQ sablefish between vessels without authorization by a
clearing officer. Authorization from a clearing officer must be
obtained for each instance of transshipment at least 24 hours before
the transshipment is intended to commence. Requests for authorization
must specify the date and location of the transshipment.
[[Page 47366]]
(5) Vessel clearance--(i) Applicability. The vessel operator who
makes an IFQ landing at any location other than in an IFQ regulatory
area or in the State of Alaska must obtain prelanding written clearance
of the vessel from a clearing officer and provide the weight of IFQ
halibut and IFQ sablefish on board to the clearing officer.
(ii) Responsibility. (A) A vessel operator must land and report all
IFQ species on board at the same time and place as the first landing of
any species harvested during an IFQ fishing trip.
(B) A vessel operator having been granted a vessel clearance must
submit an IFQ landing report, required under this section, for all IFQ
halibut, IFQ sablefish and products thereof that are on board the
vessel at the first landing of any fish from the vessel.
(iii) Location of clearance--(A) State of Alaska. The vessel
operator that obtains prelanding written clearance for the vessel at a
port in the State of Alaska must obtain that clearance prior to
departing the waters of the EEZ adjacent to the jurisdictional waters
of the State of Alaska, the territorial sea of the State of Alaska, or
the internal waters of the State of Alaska.
(B) State other than Alaska, Departure Report. (1) A vessel
operator intending to obtain a prelanding written clearance for the
vessel at a port in a state other than Alaska must first provide a
departure report to NMFS Enforcement, Juneau, prior to departing the
waters of the EEZ adjacent to the jurisdictional waters of the State of
Alaska, the territorial sea of the State of Alaska, or the internal
waters of the State of Alaska.
(2) Information required. The departure report must include the
weight of the IFQ halibut or IFQ sablefish on board and the intended
date and time the vessel will obtain prelanding written clearance at
that port in a state other than Alaska.
(C) Foreign port other than Canada. A vessel operator who lands IFQ
species in a foreign port must first obtain a vessel clearance from a
clearing officer located at a primary port in the State of Alaska as
described in paragraph (l)(5)(vi) of this section.
(D) Canadian ports. No person shall make an IFQ landing in Canada
other than at the ports of Port Hardy, Prince Rupert, or Vancouver,
British Columbia.
(iv) Permits and cards. A vessel operator obtaining a vessel
clearance must have a registered buyer permit and one or more IFQ
cardholders on board with IFQ holdings equal to or greater than all IFQ
halibut and IFQ sablefish on board.
(v) Inspection. A vessel for which a vessel operator is seeking
clearance is subject to inspection of all fish, logbooks, permits, and
other documents on board the vessel at the discretion of the clearing
officer.
(vi) Primary ports. Unless specifically authorized on a case-by-
case basis, vessel clearances will be issued only by clearing officers
at the following primary ports:
------------------------------------------------------------------------
Port North latitude West longitude
------------------------------------------------------------------------
Akutan.......................... 54 deg.08'05'' 165 deg.46'20''
Bellingham...................... 48 deg.45'04'' 122 deg.30'02''
Cordova......................... 60 deg.33'00'' 145 deg.45'00''
Craig........................... 55 deg.28'30'' 133 deg.09'00''
Dutch Harbor/Unalaska........... 53 deg.53'27'' 166 deg.32'05''
Excursion Inlet................. 58 deg.25'00'' 135 deg.26'30''
Homer........................... 59 deg.38'40'' 151 deg.33'00''
Ketchikan....................... 55 deg.20'30'' 131 deg.38'45''
King Cove....................... 55 deg.03'20'' 162 deg.19'00''
Kodiak.......................... 57 deg.47'20'' 152 deg.24'10''
Pelican......................... 57 deg.57'30'' 136 deg.13'30''
Petersburg...................... 56 deg.48'10'' 132 deg.58'00''
St. Paul........................ 57 deg.07'20'' 170 deg.16'30''
Sand Point...................... 55 deg.20'15'' 160 deg.30'00''
Seward.......................... 60 deg.06'30'' 149 deg.26'30''
Sitka........................... 57 deg.03' 135 deg.20'
Yakutat......................... 59 deg.33' 139 deg.44'
------------------------------------------------------------------------
(6) Record retention. A copy of all reports and receipts required
by this section must be retained by registered buyers and be made
available for inspection by an authorized officer or a clearing officer
for a period of 3 years.
(m) Consolidated weekly ADF&G fish tickets from motherships--(1)
Requirement. In addition to requirements described in paragraphs (a)
and (b) of this section, the operator of a mothership must ensure that
the combined catch for each catcher vessel is summarized at the end of
each weekly reporting period by species on a minimum of one ADF&G
groundfish fish ticket when the mothership receives any groundfish from
a catcher vessel that is issued a Federal fisheries permit under
Sec. 679.4. (An ADF&G fish ticket is further described (see Sec. 679.3)
at Alaska Administrative Code, 5 AAC Chapter 39.130).
(2) Information required. (i) The operator of a mothership must
ensure that the following information is imprinted or written legibly
on the consolidated weekly ADF&G fish ticket from the catcher vessel
operator's State of Alaska, Commercial Fisheries Entry Commission
(CFEC) permit card in order to describe the CFEC permit holder:
(A) Vessel name. Name of the catcher vessel delivering the
groundfish.
(B) Name. Name of CFEC permit holder. If more than one operator is
on the same vessel during the same weekly reporting period, complete a
fish ticket for each operator.
(C) Permit number. CFEC permit number.
(D) ADF&G No. ADF&G catcher vessel number.
(ii) The operator of a mothership must ensure that the following
information is imprinted or written legibly on the consolidated weekly
ADF&G fish ticket from the mothership's CFEC processor plate card in
order to describe the mothership:
(A) Processor code. ADF&G processor code of mothership.
(B) Company. Identification of mothership.
(iii) The operator of a mothership must record on the consolidated
weekly ADF&G groundfish fish ticket the following information obtained
from the catcher vessel operator:
(A) ADF&G No. The ADF&G number of the catcher vessel delivering
fish to the mothership, if the catcher vessel is different from the
vessel identified in the CFEC permit card.
(B) Date landed. The week-ending date of the weekly reporting
period during which the mothership received the groundfish from the
catcher vessel.
(C) Port of landing or vessel transshipped to. ``FLD,'' a code
which means floating processor.
(D) Type of gear used. Write in one of the following gear types
used by the catcher vessel to harvest groundfish received:
(1) Hook and line.
(2) Pot.
(3) Nonpelagic trawl.
(4) Pelagic trawl.
(5) Jig/troll.
(6) Other.
(iv) The operator of a mothership is responsible for ensuring that
the following information is recorded on an ADF&G fish ticket for each
catcher vessel:
(A) Code. Species code for each species from Table 2 to this part,
except species codes 144, 168, 169, or 171.
(B) Statistical area. ADF&G 6-digit statistical area in which
groundfish were harvested. If more than the allowed eight statistical
areas per fish ticket is exceeded in a weekly reporting period,
complete a second fish ticket. These statistical areas are defined in a
set of charts obtained at no charge from Alaska Commercial Fisheries
Management & Development Division, Department of Fish and Game, 211
Mission Road, Kodiak, AK, 99615-6399.
(C) Condition code. The product code from Table 1 to this part
which describes the condition of the fish received by the mothership
from the
[[Page 47367]]
catcher vessel. In most cases, this will be product code 1, whole fish.
(D) Pounds. The landed weight of each species to the nearest lb.
(E) Permit holder's signature. The signature of the catcher vessel
CFEC permit holder.
(F) Fish received by. The signature of the mothership operator.
(3) Time limit and submittal. (i) The operator of a mothership must
complete the consolidated weekly ADF&G groundfish fish ticket for each
catcher vessel by 1200 hours, A.l.t., on Tuesday following the end of
the applicable weekly reporting period.
(ii) The operator of a mothership must submit the original
consolidated weekly ADF&G groundfish fish tickets (fax copy is not
acceptable) to Alaska Commercial Fisheries Management & Development
Division, Department of Fish and Game, 211 Mission Road, Kodiak, AK,
99615-6399, within 30 days after landings are received.
6. In Sec. 679.7, paragraphs (a)(1) and (a)(2) and the heading of
paragraph (a)(5) are revised and paragraphs (a)(15) and (a)(16) are
added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(a) * * *
(1) Federal fisheries permit. Fish for groundfish in the GOA or
BSAI with a vessel of the United States that does not have on board a
valid Federal fisheries permit issued pursuant to Sec. 679.4.
(2) Inseason action or adjustment. Conduct any fishing contrary to
notification of inseason action or adjustment issued under Sec. 679.20,
Sec. 679.21, or Sec. 679.25.
* * * * *
(5) Prohibited species bycatch rate standard. * * *
* * * * *
(15) Federal Processor Permit. Receive or process groundfish
harvested in the GOA or BSAI by a shoreside processor or vessel of the
United States operating solely as a mothership in Alaska State waters
that does not have on site a valid Federal processor permit issued
pursuant to Sec. 679.4(f).
(16) Retention of groundfish bycatch species. Exceed the maximum
retainable groundfish bycatch amount established under Sec. 679.20(e).
* * * * *
7. In Sec. 679.20, paragraphs (d)(1)(ii)(A), (g)(2)(iii), and
(g)(3) introductory text are revised to read as follows:
Sec. 679.20 General limitations.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(A) Inseason adjustments. The category allocations or
apportionments established under paragraph (c) of this section may be
revised by inseason adjustments, as defined at Sec. 679.25, for a given
species or species group or pollock allowance, as identified by
regulatory area, subarea, or district, and, if applicable, as further
identified by gear type.
* * * * *
(g) * * *
(2) * * *
(iii) The primary pollock product must be distinguished from
ancillary pollock products in the DCPL required under Sec. 679.5(a)(9).
(3) Pollock product recovery rates (PRRs). Use the product types
and standard PRRs for pollock found in Table 3 to this part to
calculate round-weight equivalents for pollock for purposes of this
paragraph (g):
* * * * *
8. In Sec. 679.21, paragraphs (e)(7)(iv)(B), (e)(7)(vii)(B), and
(e)(7)(viii)(B) are removed, and paragraphs (e)(7)(iv)(A),
(e)(7)(vii)(A), and (e)(7)(viii)(A) are redesignated as paragraphs
(e)(7)(iv), (e)(7)(vii), and (e)(7)(viii), respectively, and revised to
read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e) * * *
(7) * * *
(iv) COBLZ. Except as provided in paragraph (e)(7)(i) of this
section, if, during the fishing year, the Regional Administrator
determines that U.S. fishing vessels participating in any of the trawl
fishery categories listed in paragraphs (e)(3)(iv)(B) through (F) of
this section will catch the COBLZ bycatch allowance, or seasonal
apportionment thereof, of C. Opilio specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of the COBLZ, as defined in Figure 13 to
this part, to directed fishing for each species and/or species group in
that fishery category for the remainder of the year or for the
remainder of the season.
* * * * *
(vii) Chum salmon. If the Regional Administrator determines that
42,000 non-chinook salmon have been caught by vessels using trawl gear
during August 15 through October 14 in the CVOA, defined under
Sec. 679.22(a)(5) and in Figure 2 to this part, NMFS will prohibit
fishing with trawl gear for the remainder of the period September 1
through October 14 in the Chum Salmon Savings Area as defined in Figure
9, to this part.
(viii) Chinook salmon. When the Regional Administrator determines
that 48,000 chinook salmon have been caught by vessels using trawl gear
in the BSAI during the time period from January 1 through April 15,
NMFS will prohibit fishing with trawl gear for the remainder of that
period within the Chinook Salmon Savings Area as defined in Figure 8 to
this part.
* * * * *
9. In Sec. 679.22, paragraphs (a)(3), (a)(5)(i), (a)(6), and (a)(9)
are revised; in paragraphs (a)(7)(ii), (a)(8)(ii), and (b)(2)(ii) the
cross-reference ``Sec. 679.20'' is changed to read ``Sec. 679.20(d);''
a new heading is added to paragraph (a)(10); and a new paragraph (i) is
added to read as follows:
Sec. 679.22 Closures.
(a) * * *
(3) Red King Crab Savings Area (RKCSA). Directed fishing for
groundfish by vessels using trawl gear other than pelagic trawl gear is
prohibited at all times, except as provided at
Sec. 679.21(e)(4)(ii)(B), in that part of the Bering Sea subarea
defined as RKCSA in Figure 11 to this part.
* * * * *
(5) * * *
(i) Inshore component. The CVOA (see Figure 2 to this part) is
established annually from the beginning of the second season of
directed fishing for pollock defined at Sec. 679.23(e) until either the
date that NMFS determines that the pollock quota for processing by the
inshore component has been harvested, or December 31, whichever is
earlier.
* * * * *
(6) Pribilof Island Area Habitat Conservation Zone. Trawling is
prohibited at all times in the area defined in Figure 10 to this part
as the Pribilof Island Area Habitat Conservation Zone.
* * * * *
(9) Nearshore Bristol Bay Trawl Closure. Directed fishing for
groundfish by vessels using trawl gear in Bristol Bay, as described in
the current edition of NOAA chart 16006, is closed at all times in the
area east of 162 deg.00' W. long., except that the Nearshore Bristol
Bay Trawl Area defined in Figure 12 to this part is open to trawling
from 1200 hours A.l.t., April 1 to 1200 hours A.l.t., June 15 of each
year.
(10) Chum Salmon Savings Area. * * *
* * * * *
(i) Forage fish closures. See Sec. 679.20(i)(3).
[[Page 47368]]
10. In Sec. 679.23, the headings of paragraphs (a), (d), and (e)
and paragraph (g)(3) are revised and the term ``Western Alaska
Community Development Quota'' is replaced with ``CDQ'' in paragraphs
(e)(2)(ii) (C) and (D) to read as follows.
Sec. 679.23 Seasons.
(a) Groundfish, general. * * *
* * * * *
(d) GOA groundfish seasons. * * *
(e) BSAI groundfish seasons. * * *
* * * * *
(g) * * *
(3) Catches of sablefish in excess of the maximum retainable
bycatch amounts and catches made without IFQ must be treated in the
same manner as prohibited species as defined at Sec. 679.21(b).
11. In Sec. 679.41, the section heading is revised, and the
headings to paragraphs (e)(1) through (3) are added to read as follows:
Sec. 679.41 Transfer of quota shares and IFQ.
* * * * *
(e) * * *
(1) General. * * *
(2) Sablefish. * * *
(3) Halibut. * * *
12. In Sec. 679.42, paragraphs (c)(1)(iv), (c)(2) introductory
text, and (c)(2)(ii) are revised and a heading is added to paragraph
(c)(2)(i) to read as follows:
679.42 Limitations on use of QS and IFQ.
* * * * *
(c) * * *
(1) * * *
(iv) Sign the IFQ landing report required by
Secs. 679.5(l)(2)(ii)(C) and (iii)(B).
(2) The scale weight of the halibut or sablefish product actually
measured at the time of landing, required by Sec. 679.5(l)(2)(vi) to be
included in the IFQ landing report, shall be the only source of
information used by NMFS to debit an IFQ account. An IFQ account will
be debited as follows:
(i) Sablefish product. * * *
(ii) Halibut product. For halibut product, multiplying the scale
weight at the time of landing by the conversion factor found in Table 3
to this part that corresponds to the product code reported in the IFQ
landing report.
* * * * *
13. In part 679, Tables 1, 2, 3, 7, 10, and 11 to this part and
Figures 2 and 7 to this part are revised and Figures 8 through 15 to
this part are added to read as follows:
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Figure 15 to Part 679. Regulatory Areas for the Pacific Halibut
Fishery b. Coordinates
Area 2A includes all waters off the states of California, Oregon, and
Washington;
Area 2B includes all waters off British Columbia;
Area 2C includes all waters off Alaska that are east of a line running
340 deg. true from Cape Spencer Light (58 deg.11'57'' N. lat.,
136 deg.38'18'' W. long.) and south and east of a line running 205 deg.
true from said light;
Area 3A includes all waters between Area 2C and a line extending from
the most northerly point on Cape Aklek (57 deg.41'15'' N. lat.,
155 deg.35'00'' W. long.) to Cape Ikolik (57 deg.17'17'' N. lat.,
154 deg.47'18'' W. long.), then along the Kodiak Island coastline to
Cape Trinity (56 deg.44'50'' N. lat., 154 deg.08'44'' W. long.), then
140 deg. true;
Area 3B includes all waters between Area 3A and a line extending
150 deg. true from Cape Lutke (54 deg.29'00'' N. lat., 164 deg.20'00''
W. long.) and south of 54 deg.49'00'' N. lat. in Isanotski Strait;
Area 4A includes all waters in the GOA west of Area 3B and in the
Bering Sea west of the closed area defined below that are east of
172 deg.00'00'' W. long. and south of 56 deg.20'00'' N. lat.;
Area 4B includes all waters in the Bering Sea and the GOA west of Area
4A and south of 56 deg.20'00'' N. lat.;
Area 4C includes all waters in the Bering Sea north of Area 4A and
north of the closed area defined below which are east of
171 deg.00'00'' W. long., south of 58 deg.00'00'' N. lat., and west of
168 deg.00'00'' W. long.;
Area 4D includes all waters in the Bering Sea north of Areas 4A and 4B,
north and west of Area 4C, and west of 168 deg.00'00'' W. long.;
Area 4E includes all waters in the Bering Sea north and east of the
closed area defined below, east of 168 deg.00'00'' W. long., and south
of 65 deg.34'00'' N. lat.
Closed areas
All waters in the Bering Sea north of 54 deg.49'00'' N. lat. in
Isanotski Strait that are enclosed by a line from Cape Sarichef Light
(54 deg.36'00'' N. lat., 164 deg.55'42'' W. long.) to a point at
56 deg.20'00'' N. lat., 168 deg.30'00'' W. long.; thence to a point at
58 deg.21'25'' N. lat., 163 deg.00'00'' W. long.; thence to Strogonof
Point (56 deg.53'18'' N. lat., 158 deg.50'37'' W. long.); and then
along the northern coasts of the Alaska Peninsula and Unimak Island to
the point of origin at Cape Sarichef Light.
In Area 2A, all waters north of Point Chehalis, WA (46 deg.53'18'' N.
lat.).
[FR Doc. 98 23732 Filed 9-3-98; 8:45 am]
BILLING CODE 3510-22-P