[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Proposed Rules]
[Pages 5868-5914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2189]



[[Page 5867]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 679



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

  Federal Register / Vol. 64, No. 24 / Friday, February 5, 1999 / 
Proposed Rules  

[[Page 5868]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981224323-8323-01; I.D. 120198B]
RIN 0648-AL23


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing revisions to several sections of regulations 
that pertain to permits, recordkeeping, and reporting requirements for 
groundfish fisheries of the Exclusive Economic Zone (EEZ) off Alaska. 
The proposed changes are necessary to clarify and simplify existing 
text, facilitate management of the fisheries, promote compliance with 
regulations, and facilitate enforcement efforts. This action is 
intended to further the goals and objectives of the fishery management 
plans (FMPs) for Groundfish of the Gulf of Alaska (GOA) and the FMP for 
the Groundfish Fishery of the Bering Sea and Aleutian Islands (BSAI) 
Area.

DATES: Comments must be received by February 22, 1999.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, NMFS, Alaska Region, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
Federal Building, Fourth Floor, 709 West 9th Street, Juneau, AK, and 
marked Attn: Lori Gravel. Copies of the Regulatory Impact Review (RIR) 
prepared for this action may be obtained from the same address or by 
calling the Alaska Region, NMFS, at 907-586-7228. Send comments on 
collection-of-information requirements to the same address and to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk 
Officer).

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the EEZ off Alaska under 
authority of the FMPs. These FMPs are implemented by regulations at 50 
CFR part 679. General regulations that also pertain to these fisheries 
appear in subpart H to 50 CFR part 600. The FMPs were prepared by the 
North Pacific Fishery Management Council (Council) under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act.
    With this rulemaking, NMFS proposes revisions to several sections 
of the implementing regulations for these FMPs that pertain to permits, 
recordkeeping, and reporting. The proposed changes are intended to 
clarify existing regulatory text, facilitate management of the 
fisheries, promote compliance with regulations, and facilitate 
enforcement efforts. Most of the proposed revisions address technical 
edits and clarifications to existing recordkeeping and reporting (R&R) 
requirements and are described under the section-by-section analysis. 
Those proposed revisions that are more substantial, in that they would 
alter current recordkeeping and reporting procedures, are highlighted 
in this document.

NMFS/ADF&G Integrated Species List

    All retained fish, not just NMFS-managed groundfish, would be 
recorded in the logbooks and in the weekly production reports (WPRs) 
using an expanded and combined Alaska Department of Fish & Game 
(ADF&G)/NMFS species code list. This change would facilitate the U.S. 
Coast Guard's and NMFS Enforcement's compliance monitoring of maximum 
retainable incidental catch percentages being used on all retained 
catch, not just catch of federally managed species, and would 
facilitate agreement of a fisherman's harvest records between NMFS 
reports and ADF&G fish tickets that are required for species managed by 
the State of Alaska.

NMFS/International Pacific Halibut Commission (IPHC) Combined 
Logbooks

    NMFS, in cooperation with the IPHC, ADF&G, the fishing industry, 
and the Alaska Fisheries Science Center (AFSC), Auke Bay Laboratory, 
would develop separate logbook formats for nontrawl catcher vessels 
equal to or greater than 60 ft (18.3 m) length overall and nontrawl 
catcher processors that are participating in both groundfish and 
Individual Fishing Quota (IFQ) fisheries. Operators of these vessels 
currently maintain two logbooks, one for NMFS and one for the IPHC, 
often duplicating data entries. NMFS is providing this combined logbook 
partially at the request of the fishing industry to decrease the burden 
on the fishing industry, and to improve data collection on sablefish 
and halibut. The revised format would allow the vessel operator to 
maintain just one logbook rather than two separate logbooks when 
fishing for both groundfish and Pacific halibut. The combined logbook 
also would collect additional information for NMFS scientists to 
augment sablefish stock assessment work.
    To implement this change, Sec. 679.5(a)(1)(v) would be added to 
define logbook requirements for participants in IFQ fisheries. The new 
combined NMFS/IPHC logbook format would be introduced for use by 
catcher vessels and catcher/processors that participate in both the 
groundfish fisheries of the GOA or BSAI, and sablefish or halibut IFQ 
fisheries during the same fishing year.
    To accommodate this rulemaking and printing and distribution 
schedules, the Administrator, Alaska Region, NMFS (Regional 
Administrator) would revise sections 679.5(c)(3) and would issue 
standard groundfish logbooks to all catcher vessels and catcher/
processors, including those that will participate in 1999 sablefish or 
halibut IFQ fisheries. Prior to the start of the 1999 IFQ fishery, the 
Regional Administrator would send a combined groundfish/IFQ logbook to 
all catcher vessels over 60 ft (18.3 m) LOA that reported groundfish 
and IFQ harvest in 1998 and to all catcher/processors that reported 
groundfish and IFQ harvest in 1998. The operator of a vessel that plans 
to participate in 1999 IFQ fisheries would use the standard groundfish 
logbook until the combined groundfish/IFQ logbook was received. Once 
the combined groundfish/IFQ logbook is received, the operator would be 
required to use the combined logbook for the remainder of the fishing 
year.

DCPL Zeroed-out Cumulative Totals

    Section 679.5(a)(9)(ii)(B) and (a)(9)(iii) would be revised to 
require that in addition to the beginning of each weekly reporting 
period, the cumulative totals be ``zeroed out'' in the catcher/
processor and mothership daily cumulative production logbooks (DCPL) 
after offload or transfer of all fish or fish product onboard if such 
offload occurs prior to the end of a weekly reporting period.

End of Year WPR

    Section 679.5(i)(2) would be redesignated as section 679.5(i)(2)(i) 
and a new section 679.5(i)(2)(ii) would be added to require the 
submittal of a year-end WPR by December 31 regardless of where that 
date falls in the weekly

[[Page 5869]]

reporting period. This change is designed to provide a clear 
distinction in the data base between the old fishing year and the new 
fishing year.

Mothership Check-in/Check-out Report

    Sections 679.5(h)(2)(ii)(B)(1) and (h)(3)(i)(A)(3) would be revised 
to require motherships to record the reporting areas where groundfish 
were harvested to replace the current requirement to record the 
reporting area where the mothership begins to receive groundfish.

Weekly Cumulative Mothership ADF&G Fish Ticket Distribution

    Section 679.5(m)(3)(ii)(A) through (C) would be added to present 
additional information on distribution of the mothership weekly 
cumulative multi-copy ADF&G fish ticket.

Removal of Sunset Date From Pacific Cod Reserve Release and Removal 
of In-text Table

    Section 679.20(b)(1)(v) would be revised by removing the date from 
the paragraph title and extending it indefinitely. This provision was 
originally added in January 1994 to implement Amendment 24 to the BSAI 
FMP. Amendment 24 contained a sunset date of December 31, 1996, and was 
replaced by Amendment 46 in 1996, which permanently extended the 
management measures established by Amendment 24. Through an oversight 
caused by the recent consolidation of the groundfish fishery 
regulations, section 679.5(b)(1)(v) was not included in either the 
proposed or final rulemaking for Amendment 46. In order to correct this 
oversight and implement the Council's intent when it adopted Amendment 
46, the sunset date would be removed from section 679.5 (b)(1)(v). 
Additionally, the in-text table at section 679(g)(3) would be removed. 
The information within the in-text table is found at Table 3.

Community Development Quota (CDQ) Fisheries and Buying Stations

    Section 679.5(n) would be revised to incorporate the changes made 
under the multi-species CDQ program and to reformat regulatory text to 
be more uniform with the rest of this section. Sections 679.5(n)(1)(i); 
679.30(a)(5)(i)(B); and 679.32(c), (c)(3), (d)(1), (e)(3), and (e)(5) 
would be revised by removing reference to a buying station, because a 
buying station is not required to submit CDQ delivery reports or CDQ 
catch reports.

Section-by-Section Analysis

    NMFS proposes to alter the format of the regulatory text in several 
places to provide a more logical flow of information, to clarify text, 
and to add paragraph titles and cross references where needed.

Definitions (Sec. 679.2)

Added Definitions
    The following additions to the definitions in Sec. 679.2 are 
proposed:
    ADF&G fish ticket number. The term ``ADF&G fish ticket number'' 
would be added because this term is used extensively in Sec. 679.5.
    CDQ Delivery number. The term ``CDQ Delivery number'' would be 
added to mean a sequential number assigned by the catcher vessel 
operator during a calendar year, that uniquely identifies each CDQ 
delivery. The sequence of CDQ delivery numbers begins with the first 
fishing activity during a year under a multispecies CDQ, and the number 
would be incrementally adjusted with each delivery of fish during that 
year.
    Fish product. The term ``fish product'' would be added as a cross 
reference to ``groundfish product.''
    Haul. The term ``haul'' would be added as a cross reference to gear 
retrieval.
    Non-chinook salmon. The term ``non-chinook salmon'' would be added 
to mean coho salmon, pink salmon, sockeye salmon, or chum salmon.
    Other gear. The term ``other gear'' would be added to mean any gear 
other than ``authorized fishing gear.''
Revised Definitions
    The following revisions to the definitions in Sec. 679.2 are 
proposed:
    Authorized fishing gear. The term ``authorized fishing gear'' would 
be amended by renumbering the terms of this definition; revising the 
introductory paragraph; revising the definition of longline to include 
free-floating line with hooks attached and to include handline; adding 
definitions for troll, handline, and pot; and revising the definition 
of longline to include anchored and unanchored gear types. These 
proposed revisions are intended to standardize the use of gear terms 
throughout the regulations at 50 CFR part 679.
    Buying station. The term ``buying station'' would be revised by 
adding the words ``land-based'' before the word ``person.''
    CDQ number. The term ``CDQ number'' would be revised to include an 
additional requirement to record this information in logbooks.
    Chinook Salmon Savings Area of the BSAI. The term ``Chinook Salmon 
Savings Area of the BSAI'' would be revised by updating the cross 
reference and by adding a cross reference to Figure 8 to this part.
    Chum Salmon Savings Area of the BSAI CVOA. The term ``Chum Salmon 
Savings Area of the BSAI CVOA'' would be revised by updating the cross 
reference and by adding a cross reference to Figure 9 to this part.
    Forage fish. The term ``forage fish'' would be revised by adding a 
cross reference to Table 2 to this part.
    Gear deployment. The term ``gear deployment'' would be revised to 
conform with the revised definition of ``authorized fishing gear,'' 
specifically to change the terms ``jig/troll, hook-and-line, or 
longline gear'' to read ``longline gear'' and to change the term ``pot-
and-line gear'' to read ``pot gear.''
    Nearshore Bristol Bay Trawl Closure Area of the BSAI. The term 
``Nearshore Bristol Bay Trawl Closure Area of the BSAI'' would be 
revised by adding a cross reference to Figure 12 to this part.
    Person. The term ``person'' would be clarified by adding titles to 
paragraphs (1) through (3) to read: IFQ and CDQ Programs and General 
Usage, High Seas Salmon Fishery permits, and Vessel moratorium 
(Applicable through December 31, 1998.
    Set. The term ``set'' would be clarified to include a test set, 
unsuccessful harvest, or improperly working gear hauled in empty. A 
cross reference to the definition of ``gear deployment'' would be 
added.
    Steller Sea Lion Protection Areas. The term ``Steller Sea Lion 
Protection Areas'' would be revised to provide a cross reference to new 
Figure 16 to this part. Cross references to Tables 4, 5, and 6 would be 
removed, and several cross references to regulatory text would be 
changed.
    Stem. The term ``stem'' would be revised by adding a cross 
reference to Figure 6.
    Stern. The term ``stern'' would be revised by adding a cross 
reference to Figure 6.
    Tender vessel. The term ``tender vessel'' would be corrected by 
removing the words ``or buying station'' from the end of the sentence. 
A tender vessel is a buying station, and buying stations do not deliver 
to other buying stations; they deliver only to motherships and 
shoreside processors. A cross reference is added to the definition of 
buying station, since a tender vessel is defined as a buying station.
    U.S. citizen. The term ``U.S. citizen'' would be revised by adding 
a new paragraph (1) General Usage and by

[[Page 5870]]

redesignating existing paragraphs (1) and (2) to read as paragraphs 
(2)(a) and (2)(b), and by adding a title to new paragraph (2) IFQ 
program, as this definition applies only to the IFQ Program.
    Permits (Sec. 679.4).
    Paragraph (b)(2) would be revised to clarify that a Federal 
fisheries permit must be obtained by a catcher vessel owner or operator 
participating in a non-groundfish fishery when retention of 
incidentally caught groundfish is required by regulations.
    If a permit is surrendered, current regulations require the permit 
to be submitted to the NMFS Enforcement Office. Paragraph (b)(4)(ii) 
would be revised such that a permit would be submitted to the Assistant 
Administrator of the NMFS Restricted Access Management (RAM) Program 
when surrendered.
    Paragraph (b)(5)(iv)(D) would be revised to require that a 
mothership or catcher/processor operating in the GOA must indicate on 
the permit application whether it will be participating in the inshore 
or offshore component.
    Paragraphs (b)(5)(v) and (f)(2)(vi) would be revised to allow an 
agent of a vessel owner or shoreside processor owner to sign the permit 
application for the owner.
    Cross references to the halibut/sablefish CDQ permits and CDQ cards 
in paragraph (e) would be revised to read Sec. 679.32(f)(3) and (4).

Recordingkeeping and Reporting (Sec. 679.5)

    Paragraph (a)(1)(vi) would be added to provide instructions on 
which logbook to use when participating in a CDQ fishery.
    Paragraph (a)(3)(iii) would be revised by removing the requirement 
to sign the logbook within a certain time limit and adding that 
requirement within paragraphs (c)(2)(i)(C), (c)(2)(ii)(D), (d)(2)(iv), 
(e)(2)(v), and (f)(2)(v).
    Paragraphs (a)(4)(ii) and (iii) would be added to clarify the 
recordkeeping and reporting requirements for reinstatement of a 
surrendered Federal fisheries permit or a Federal processor permit 
within the same fishing year. The operator or manager would be required 
to ensure that maintenance of all recordkeeping and reporting 
requirements is continuous throughout that year, without interruption 
of records.
    Paragraph (a)(6)(iii)(B)(1) would be revised to clarify the 
requirements for recording date information in the new combined NMFS/
IPHC catcher vessel daily fishing logbook (DFL).
    Paragraph (a)(6)(iii)(B)(2) would be redesignated as paragraph 
(a)(6)(iii)(B)(3) and a new paragraph (a)(6)(iii)(B)(2) would be added 
to clarify the requirements for recording date information in the 
groundfish catcher vessel DFL.
    Paragraphs (a)(7)(ii)(B), (a)(7)(iii)(A), (a)(7)(v)(A)(2)(i), 
(a)(7)(v)(A)(3)(i), (a)(7)(v)(B)(2)(i), and (a)(7)(v)(E)(5) would be 
revised by replacing the words ``logbook page'' with ``logsheet.''
    The introductory text to paragraph (a)(7)(v)(A) and paragraphs 
(a)(7)(v)(A)(4) and (a)(7)(v)(A)(5) would be removed. Paragraphs 
(a)(7)(v)(A)(1) through (a)(7)(v)(A)(3) would be revised to reorganize 
paragraph (a)(7)(v)(A), to include gear type requirements for a buying 
station, and to remove the gear type ``PTR TRANSFER'' from 
recordkeeping and reporting.
    Paragraph (a)(7)(v)(B) would be revised to clarify the requirements 
for recording reporting area on logbooks and forms.
    Paragraph (a)(7)(v)(C) would be redesignated as (a)(7)(v)(C)(1) and 
revised to clarify the requirements for recording numbers of observers 
on logbooks. In addition to recording the number of observers, 
paragraph (a)(7)(v)(C)(2) would add a requirement to record the name of 
the observer and the observer cruise number in the new combined 
groundfish/IFQ logbook.
    Paragraph (a)(7)(v)(D) would be revised to clarify the requirements 
for recording the number of crew on logbooks and forms.
    Paragraph (a)(7)(v)(E) would be revised to clarify the requirements 
for recording CDQ program information on logbooks and forms in response 
to the new multi-species CDQ program and to add a new requirement to 
record CDQ delivery number on logbooks and forms.
    Paragraph (a)(7)(v)(F) would be added to clarify requirements for 
recording the experimental fisheries number in the CDQ number block on 
logbooks and forms.
    Paragraph (a)(14)(i)(B) would be revised to add the option of 
submitting a data file to NMFS by e-mail.
    Paragraph (a)(14)(iii)(A), (a)(14)(iii)(B), and (a)(14)(iv)(B)(1) 
would be revised to add the logsheet distribution of the new combined 
groundfish/IFQ logbooks, to instruct on submittal of the yellow 
logsheets from both groundfish and groundfish/IFQ logbooks to NMFS in 
1999 so that each fishing day of the year is accounted for without 
duplication.
    Paragraph (a)(14)(iv)(E) would be added to provide instructions on 
the submittal of the green copy of the combined groundfish/IFQ 
logbooks.
    Introductory paragraph (c)(2)(i) would be redesignated as 
(c)(2)(i)(A), paragraphs (c)(2)(i)(A) through (C) would be redesignated 
as (c)(2)(i)(A)(1) through (3), respectively, and paragraph 
(c)(2)(i)(D) would be redesignated as paragraph (c)(2)(i)(B).
    Paragraph (c)(3) would be revised by adding a new paragraph 
(c)(3)(i) on requirements of the combined groundfish/IFQ catcher vessel 
and catcher/processor logbooks for use by vessel operators who 
participate in both the IFQ and groundfish fisheries. A new paragraph 
(c)(3)(ii) would be added that would include requirements from former 
paragraphs (c)(3)(i) through (vi) on groundfish logbook requirements to 
be used by operators of catcher vessels and catcher/processors who 
participate only in the groundfish fisheries. The requirement at 
current paragraph (c)(3)(vii) for a catcher vessel operator to record 
pollock and Pacific cod would be removed; and paragraphs (c)(3)(viii) 
through (x) that formerly described IFQ fields would be removed.
    Paragraphs (e)(1)(iii) and (f)(1)(ii)(C) would be revised to 
clarify that motherships and shoreside processors should not record in 
the DCPL those discards that occur during processing of groundfish 
received from another processor through a processor transfer report 
(PTR).
    Paragraph (f)(1)(iii) would be added to require that when 
groundfish product is received by a shoreside processor and 
subsequently transferred offsite before processing, the manager of a 
shoreside processor must record those groundfish in both the landings 
and productions sections of the DCPL. This procedure would ensure that 
the NMFS data comparisons between landings and product will be more 
accurate; otherwise estimated values for product would be less than 
estimated values for landings.
    Paragraph (h) would be amended as follows. First, paragraph 
(h)(1)(iii) would be added and (h)(2)(i)(C) would be revised to clarify 
the requirements for CDQ fishery check-in/check-out reports for each 
CDQ group. Second, a new paragraph (h)(2)(ii)(D) would be added and 
paragraph (h)(2)(i)(B)(1) would be revised to indicate that a buying 
station check-in/check-out report is required specifically from a 
vessel buying station and not a land-based buying station. Third, 
paragraph (h)(2)(i)(B)(2) and (h)(3)(i)(A)(3) would be revised to 
change the requirement for mothership check-in. With these changes, a 
mothership would check-in to each reporting area from which harvest is 
received from catcher vessels. Fourth, (h)(2)(ii)(D) would be removed 
because

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the requirement for land-based buying stations to submit check-in and 
check-out reports is unnecessary because many land-based buying 
stations are trucks or small shacks temporarily set up to receive 
groundfish from catcher vessels. The check-in/check-out reports from 
the associated shoreside processor are considered adequate for data 
collection purposes. Fifth, the heading for paragraph (h)(2)(ii)(F) 
would be revised. Finally, paragraph (h)(3)(i)(D)(1) would be revised 
to specify requirements for a vessel buying station and paragraphs 
(h)(3)(i)(D)(2) and (h)(3)(ii)(D) would be removed.
    Paragraph (k)(2)(ii)(A) would be revised to change the words 
``Table 8'' to read ``Table 5.''
    Paragraph (l)(5)(vi) would be revised and the in-text table removed 
and placed as Table 9 to this part, to allow this table of ports to be 
more easily accessible.
    Experimental fisheries (Sec. 679.6). Paragraph (g) would be added 
to include the requirement that recordkeeping and reporting 
requirements at Sec. 679.5(a) through (k) would also be required for 
participants in experimental fisheries.
    Prohibited species bycatch management (Sec. 679.21). Paragraph 
(b)(5) would be added to include a cross reference to Sec. 679.24. 
Paragraph (e)(7)(vi)(A) would be revised to correct a cross reference.
    Closures (Sec. 679.22). Paragraphs (a)(7), (a)(8), and (b)(2), 
which describe Steller Sea Lion Protection Areas of the Bering Sea 
Subarea and Bogoslof District, Aleutian Islands Subarea, and GOA, would 
be removed and combined into a new paragraph (g) to present these areas 
in one section. Paragraphs (a)(9) and (a)(10) would be redesignated to 
read (a)(7) and (a)(8), respectively; and newly redesignated paragraph 
(a)(8) would be revised to correct a cross reference. Paragraph (b)(2) 
would be added to include an existing provision that prohibits the use 
of gear other than nontrawl gear in the Southeast Outside District of 
the GOA. Finally, the heading to paragraph (h) would be revised to add 
the word ``closures.''
    Gear limitations (Sec. 679.24). Paragraphs (b)(1)(i) and (ii) would 
be removed and would be redesignated as subparagraphs (7)(a) and (b) to 
the definition for the term ``pot'' under the term ``authorized fishing 
gear'' in Sec. 679.2. This proposed change is necessary in order to 
have all of the paragraphs describing ``pot'' gear in one place. As a 
result of this proposed change, paragraph (b)(1)(iii) would be 
redesignated as (b)(1) and paragraphs (b)(1)(iii)(A) and (B) would be 
redesignated as (b)(1)(i) and (ii).
    Equipment and operational requirements for catch weight measurement 
(Sec. 679.28). Paragraph (b)(5)(i) would be revised by replacing the 
words ``daily cumulative production logbook'' with ``DCPL'' for 
consistency of regulatory text, and the last line of the sentence would 
be removed, because the same requirement is duplicated in the first 
line of the following paragraph (b)(5)(ii).
    General CDQ regulations (Sec. 679.30). Paragraph (a)(1)(iv) would 
be revised to change the words ``Table 7'' to read ``Table 4.'' 
Paragraph (a)(5)(i)(B) would be corrected to remove ``buying station'' 
from regulatory text. Section 679.30(a)(5)(i) contains requirements for 
listing eligible vessels and processors within a CDQ group's fishing 
plan. The buying station was incorrectly included in this paragraph 
because it does not process fish and is not required to have a Federal 
processor permit.
    CDQ reserves (Sec. 679.31). Paragraph (b)(3), which provides for 
the halibut CDQ reserves from halibut regulatory areas, would be 
revised by adding a cross reference to Figure 15, IPHC halibut 
regulatory areas.
    CDQ catch monitoring (Sec. 679.32). Paragraphs (c) and (e)(4) would 
be revised by replacing the outdated term ``shoreside processing 
plant'' with ``shoreside processor.'' Paragraph (c)(1)(i) would be 
revised to add a cross reference to Sec. 679.5(n). Paragraph (c)(1)(ii) 
would be corrected to remove the words ``trawl catcher/processors or'' 
and ``catcher/processor or'' because catcher vessel deliveries are not 
made to catcher/processors as defined at Sec. 679.2.
    Paragraphs (d)(1), (e)(3) through (e)(5), and (f)(3) would be 
revised by removing references to buying stations. As stated earlier, 
the buying station was incorrectly included in these paragraphs. 
Paragraph (f)(3) would be further revised by replacing the words ``for 
the duration of the CDP'' with ``for the fishing year'' because the CDQ 
permits are issued annually.
    Paragraph (f)(7) would be revised by replacing the words ``logbooks 
and weekly production reports'' with the words ``DFLs, DCPLS, and 
WPRs'' for consistency of regulatory text.
    Paragraph (f)(8) would be added to add a cross reference to 
Sec. 679.23, and (f)(9) would be added to add a cross reference to 
Sec. 679.43.
    Limitations on use of QS and IFQ (Sec. 679.42). Paragraphs 
(c)(2)(i), (ii), (iii), and the in-text table would be removed.

Tables

    Table 1, which describes product codes, would be revised. Product 
code 96 would be revised to read: ``Flea-infested fish, parasite-
infested fish, decomposed, or previously discarded fish.'' Also, a new 
discard code 93 ``Whole fish/damaged'' would be added to read: ``Whole 
fish discarded due to damage caused by observer's sampling 
procedures.''
    Table 2, which describes species codes, would be revised to 
incorporate the ADF&G species codes with the NMFS species codes. As a 
result of this integration, the species code for Pacific sand fish 
would be changed from 210 to 206, and code 210 would read ``eels or 
eel-like fish.''
    Table 3, which describes product recovery rates, would be revised 
to remove two incorrect values for octopus and squid under product code 
37. New values will be added when available.
    Tables 4, 5, and 6, which describe Steller Sea Lion protection 
areas in the BSAI and GOA, would be removed and combined into a new 
table of coordinates for new Figure 16 to this part.
    Tables 7 through 11 would be redesignated as Tables 4 through 8.
    Table 9 would be added to present the list of primary IFQ ports 
formerly found at Sec. 679.5(l)(3)(viii).
    Table 10 would be added to present the IFQ/CDQ gear codes and 
descriptions needed for electronic submittal of IFQ reports.

Figures

    Figures 1 through 5 and 7 through 13 would be reissued with an 
improved format. The title of Figure 9 would be corrected.
    A new Figure 16 would be added to present the Steller Sea Lion 
Protection Areas in the EEZ off Alaska and the combined coordinates 
from existing Tables 4, 5, and 6. Regulations would be revised by 
removing paragraphs Sec. 679.22(a)(7), (a)(8), and (b)(2) and by adding 
a new paragraph (g). This change is intended to consolidate Steller Sea 
Lion information within one location. The action proposed in 63 FR 
60288 (November 11, 1998) would be incorporated into Figure 16 to 
extend the seaward 20-nm no-trawl zone around the Seguam Island and 
Agligadak Island rookeries in the Eastern District of the Aleutian 
Islands into a year-round closure. Changes that are proposed for Figure 
16 to this part are affected by other emergency interim rulemaking (64 
FR 3437, January 22, 1999) and may be revised by NMFS prior to the 
final rule for recordkeeping and reporting.
    Finally, new Figures 17 and 18 would be added presenting the BSAI 
C. opilio and C. bairdi tanner crab and the BSAI king crab endorsement 
areas,

[[Page 5872]]

respectively. This change is necessary to implement requirements of the 
upcoming License Limitation Program.

Classification

    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). OMB approval for the 
majority of information collected under 50 CFR 679.5 has been obtained 
under OMB control numbers 0648-0206, -0213, -0269, and -0272. Proposed 
additions and revisions to the collection under 0648-0213 with this 
rulemaking have been submitted to OMB for review and approval.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the PRA unless that collection of information displays a currently 
valid OMB Control Number.
    Approved under 0648-0206--Alaska Permits: No new forms are proposed 
with this rulemaking. The regulatory text at 679.4(b)(5)(iv)(D) would 
be revised to require that all motherships and catcher/processors 
indicate whether they are participating in the inshore or offshore 
component, regardless of target fishery; originally inshore/offshore 
indication was required only if the vessel operator planned to target 
pollock and Pacific cod. This change does not require revision of the 
forms.
    Two questions are removed from the Federal fisheries permit 
application form that determine the size of logbook to be sent to a 
catcher vessel; in 1999 only one size logbook is available for catcher 
vessels.
    Approved under 0648-0213--Alaska Region Logbook Family of Forms. A 
summary of logbook and form requirements approved under 0648-0213 is 
presented in two categories: (1) Those that have changes in 
requirements that may or may not result in new response times and (2) 
those that have no changes in requirements with existing response 
times.

Requirements With Changes

    Buying Station Check-in/Check-out Report (0.08 hr or 5 minutes per 
response; no change in response time, change is in number of 
respondents from 100 to 217); Shoreside Processor Check-in/Check-out 
Report (0.13 hr or 8 minutes per response; no change in response time, 
change is in number of respondents from 176 to 142); Product transfer 
report (0.18 hr or 11 minutes per response; no change in response time, 
change is in number of respondents from 170 to 310); Catcher vessel 
daily fishing logbook (change is in format; instead of one logbook 
format (0.30 hr or 18 minutes per response), now there are two--one for 
groundfish (0.28 hr or 17 minutes per response) and one for groundfish/
IFQ (0.47 hr or 28 minutes per response); Catcher/processor daily 
cumulative production logbook (change is in format; instead of one 
logbook format (0.50 hr or 30 minutes per response), now there are 
two--one for groundfish (0.52 hr or 31 minutes per response) and one 
for groundfish/IFQ (0.68 hr or 41 minutes per response); Shoreside 
processor DCPL (change in response time from 0.40 hr or 24 minutes per 
response to 0.52 hr or 31 minutes per response and in number of 
respondents, from 176 to 142); and Buying Station Daily Cumulative 
Logbook (no change in response time 0.38 hr or 23 minutes per response; 
change is in number of respondents from 100 to 217).

Requirements Without Changes

    Weekly Production Report (0.28 hr or 17 minutes per response); 
Daily Production Report (0.18 hr or 11 minutes per response); 
Mothership or Catcher/processor Check-in/Check-out Report (0.12 hr or 7 
minutes per response); U.S. Vessel Activity Report (0.23 hr or 14 
minutes per response); Weekly Cumulative Mothership ADF&G Fish Tickets 
(0.58 hr or 35 minutes per response); and Mothership DCPL (0.52 hr or 
31 minutes per response).
    Approved under 0648-0269--Multispecies CDQ program. No new forms or 
revisions to forms are proposed with this rulemaking.
    Approved under 0648-0272--IFQs for Pacific halibut and sablefish. 
No new forms are proposed with this rulemaking. The IFQ registered 
buyer's permit (not considered a form) would be revised to remove 
recordkeeping and reporting requirements from the back of the permit, 
since these requirements would be added to the regulations. Two 
proposed combined groundfish/IFQ logbooks under 0648-0213 would require 
recording of IFQ information in those logbooks by the catcher vessel 
operator or the catcher/processor operator participating in both 
groundfish and IFQ fisheries.
    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.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the function 
of the agency, including whether the information has 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 the use 
of automated collection techniques or other forms of information 
technology.
    Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to NMFS and to OIRA, OMB (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows.

    Recordkeeping and reporting requirements apply to almost all of 
the vessels currently participating in Alaska groundfish fisheries. 
This is a ``substantial number'' of small entities, as NMFS has 
interpreted this term to mean 20 percent of the total universe of 
small entities affected by the regulation. However, the proposed 
action would not impose any additional compliance costs on small 
entities. This conclusion is demonstrated in several ways. First, 
the large majority of proposed changes are minor technical changes 
designed to clarify and simplify existing regulatory text by 
providing a more logical flow of information. Second, this proposed 
rule makes no changes to the general recordkeeping and reporting 
logbooks and forms used in the 1998 groundfish fisheries that would 
increase reporting requirements for small entities. The only changes 
proposed for the general logbooks and forms for the 1999 fishing 
year are removals of fields that have been determined to be 
unnecessary collections of information. Third, the new combined 
groundfish/IFQ logbooks are designed to reduce compliance costs by 
eliminating the duplication of some recordkeeping data, thereby 
reducing the burden on IFQ fishermen, many of whom are considered 
small entities under the Regulatory Flexibility Act. Fishermen that 
participate in both the groundfish and IFQ fisheries are currently 
required to maintain two logbooks, one for NMFS and one for the 
IPHC. The combined groundfish/IFQ logbook is being proposed 
partially at the request of the fishing industry to reduce the 
current reporting burden and allow the operator to maintain one 
logbook. Fourth, the integrated species code list would not increase 
compliance costs for small entities in that fishermen currently keep 
track of all the fish harvested regardless of whether it is managed 
by the State of Alaska or NMFS, and the proposed change would allow 
fishermen to record all of this data in one logbook. NMFS had 
prohibited the entry of State of Alaska

[[Page 5873]]

species codes into Federal groundfish logbooks because the NMFS data 
entry computer system was not programmed to recognize species codes 
other than Federal species codes. The data entry system has been 
updated to recognize State species codes.
    Based on the above description, NMFS has determined that this 
action would not have a ``significant impact'' as NMFS has 
interpreted that term to mean: (1) More than a 5-percent decrease in 
annual gross revenues; (2) annual compliance costs (e.g., annualized 
capital, operating, reporting) that increase total costs of 
production by more than 5 percent; (3) compliance costs as a percent 
of sales that are 10 or more percent higher for small entities than 
compliance costs for large entities; (4) capital costs of compliance 
that represent a significant portion of capital available to small 
entities, considering internal cash flow and external financing 
capabilities; or (5) the regulation is likely to result in 2 or more 
percent of the small entities affected being forced to cease 
business operations. Therefore, a regulatory flexibility analysis 
was not prepared.
    The President has directed Federal agencies to use plain language 
when communicating with the public, through regulation or otherwise. 
Therefore, NMFS seeks public comment on any ambiguity or unnecessary 
complexity arising from the language used in this proposed rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 25, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

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

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

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In 50 CFR part 679, change the words ``of this part'' following 
a figure number or table number to read ``to this part'', as follows: 
in the definitions, ``Aleutian Islands Subarea (AI),'' ``Bering Sea and 
Aleutian Islands Management Area (BSAI),'' ``Bering Sea Subarea,'' 
``Bogoslof District,'' ``Bycatch limitation zone 1 (Zone 1),'' 
``Bycatch limitation zone 2 (Zone 2),'' ``Catcher Vessel Operational 
Area (CVOA),'' ``Central Aleutian District,'' ``Eastern Aleutian 
District,'' ``Gulf of Alaska (GOA),'' ``Length overall (LOA),'' 
``PRR,'' ``Regulatory area,'' ``Round-weight equivalent,'' ``Southeast 
Outside District,'' ``Statistical area,'' ``Steller Sea Lion Protection 
Areas,'' ``Trawl test areas,'' ``U.S.-Russian boundary,'' ``West 
Yakutat District,'' ``Western Aleutian District,'' and at paragraphs 
679.20(h)(1), (h)(2), (h)(2)(i), and (h)(2)(ii); paragraphs 
679.22(a)(7)(i), (a)(7)(ii), (a)(8)(i), (a)(8)(ii), (b)(1)(i), 
(b)(1)(ii), (b)(2)(i), (b)(2)(ii); and paragraph 679.24(d)(4).
    3. In Sec. 679.2, the definitions for ``ADF&G fish ticket number,'' 
``CDQ delivery number,'' ``Fish product,'' ``Haul,'' ``Non-chinook 
salmon,'' and ``other gear'' are added in alphabetical order; the 
definitions for ``Authorized fishing,'' ``Buying station,'' ``CDQ 
number,'' ``Chinook Salmon Savings Area of BSAI,'' ``Chum Salmon 
Savings Area of the BSAI CVOA,'' Gear deployment,'' ``Nearshore Bristol 
Bay trawl closure area of the BSAI,'' ``Set,'' ``Steller Sea Lion 
Protection Areas,'' ``Stem,'' ``Stern,'' ``Tender vessel,'' and ``U.S. 
citizen'' are revised; the definition of ``Person'' is amended by 
revising paragraph (1) and by adding headings to paragraphs (2) and (3) 
and the definition for ``Forage fish'' is amended by inserting the 
phrase ``(see also Table 2 of this part)'' to read as follows:


Sec. 679.2  Definitions.

* * * * *
    ADF&G fish ticket number means a nine-digit number of the 
groundfish series of fish tickets designated by one alpha letter (i.e., 
G), two numbers that identify the year (i.e., 98), and 6 numbers.
* * * * *
    Authorized fishing gear (see also paragraph 679.24 for gear 
limitations) means trawl gear, fixed gear, longline gear, pot gear, and 
nontrawl gear as follows:
    (1) Fixed gear means:
    (i) For sablefish harvested from any GOA reporting area, all hook-
and-line gear and, for purposes of determining initial IFQ allocation, 
all pot gear used to make a legal landing.
    (ii) For sablefish harvested from any BSAI reporting area, all 
hook-and-line gear and all pot gear.
    (iii) For halibut harvested from any IFQ regulatory area, all 
fishing gear comprised of lines with hooks attached, including one or 
more stationary, buoyed, and anchored lines with hooks attached.
    (2) Hand troll gear means one or more lines with lures or hooks 
attached, drawn through the water behind a moving vessel, and retrieved 
by hand or hand-cranked reels or gurdies and not by any electrically, 
hydraulically, or mechanically-powered device or attachment.
    (3) Handline gear means a hand-held line, with one or more hooks 
attached, that may only be operated manually.
    (4) Hook-and-line gear means a stationary, buoyed, and anchored 
line with hooks attached, or the taking of fish by means of such a 
device.
    (5) Jig gear means a single, non-buoyed, non-anchored line with 
hooks attached, or the taking of fish by means of such a device.
    (6) Longline gear means hook-and-line, jig, troll, and handline or 
the taking of fish by means of such a device.
    (7) Longline pot means a stationary, buoyed, and anchored line with 
two or more pots attached, or the taking of fish by means of such a 
device.
    (8) Nonpelagic trawl means a trawl other than a pelagic trawl.
    (9) Nontrawl gear means pot and longline gear.
    (10) Pelagic trawl gear means a trawl that:
    (i) Has no discs, bobbins, or rollers;
    (ii) Has no chafe protection gear attached to the footrope or 
fishing line;
    (iii) Except for the small mesh allowed under paragraph (10)(ix) of 
this definition:
    (A) Has no mesh tied to the fishing line, headrope, and breast 
lines with less than 20 inches (50.8 cm) between knots and has no 
stretched mesh size of less than 60 inches (152.4 cm) aft from all 
points on the fishing line, headrope, and breast lines and extending 
past the fishing circle for a distance equal to or greater than one 
half the vessel's LOA; or
    (B) Has no parallel lines spaced closer than 64 inches (162.6 cm) 
from all points on the fishing line, headrope, and breast lines and 
extending aft to a section of mesh, with no stretched mesh size of less 
than 60 inches (152.4 cm) extending aft for a distance equal to or 
greater than one half the vessel's LOA;
    (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft 
of the mesh described in paragraph (10)(iii) of this definition for a 
distance equal to or greater than one half the vessel's LOA;
    (v) Contains no configuration intended to reduce the stretched mesh 
sizes described in paragraphs (10) (iii) and (iv) of this definition;
    (vi) Has no flotation other than floats capable of providing up to 
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder 
device;
    (vii) Has no more than one fishing line and one footrope for a 
total of no more than two weighted lines on the bottom of the trawl 
between the wing tip and the fishing circle;
    (viii) Has no metallic component except for connectors (e.g., 
hammerlocks or swivels) or a net-

[[Page 5874]]

sounder device aft of the fishing circle and forward of any mesh 
greater than 5.5 inches (14.0 cm) stretched measure;
    (ix) May have small mesh within 32 ft (9.8 m) of the center of the 
headrope as needed for attaching instrumentation (e.g., net-sounder 
device); and
    (x) May have weights on the wing tips.
    (11) Pot gear means a portable structure designed and constructed 
to capture and retain fish alive in the water. This gear type includes 
longline pot and pot-and-line gear. Each groundfish pot must comply 
with the following:
    (i) Biodegradable panel. Each pot used to fish for groundfish must 
be equipped with a biodegradable panel at least 18 inches (45.72 cm) in 
length that is parallel to, and within 6 inches (15.24 cm) of, the 
bottom of the pot, and that is sewn up with untreated cotton thread of 
no larger size than No. 30.
    (ii) Tunnel opening. Each pot used to fish for groundfish must be 
equipped with rigid tunnel openings that are no wider than 9 inches 
(22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel 
openings with dimensions that are no wider than 9 inches (22.86 cm).
    (12) Pot-and-line gear means a stationary, buoyed line with a 
single pot attached, or the taking of fish by means of such a device.
    (13) Power troll gear means one or more lines, with hooks or lures 
attached, drawn through the water behind a moving vessel, and 
originating from a power gurdy or power-driven spool fastened to the 
vessel, the extension or retraction of which is directly to the gurdy 
or spool.
    (14) Trawl gear means a cone or funnel-shaped net that is towed 
through the water by one or more vessels. For purposes of this part, 
this definition includes, but is not limited to, beam trawls (trawl 
with a fixed net opening utilizing a wood or metal beam), otter trawls 
(trawl with a net opening controlled by devices commonly called otter 
doors), and pair trawls (trawl dragged between 2 vessels) and is 
further described as pelagic and nonpelagic trawl.
    (15) Troll gear means one or more lines with hooks or lures 
attached drawn through the water behind a moving vessel. This gear type 
includes hand troll and power troll gear.
* * * * *
    Buying station means a tender vessel or land-based entity that 
receives unprocessed groundfish from a vessel for delivery to a 
shoreside processor or mothership and that does not process those fish.
* * * * *
    CDQ delivery number means a sequential number assigned by the 
catcher vessel operator that uniquely identifies each CDQ delivery. The 
sequence of CDQ delivery numbers begins with the first fishing activity 
under a multispecies CDQ, and the number is incrementally adjusted by 
one with each delivery of fish.
* * * * *
    CDQ number or group number means a number assigned to a CDQ group 
by NMFS that must be recorded in all logbooks and all reports submitted 
by the CDQ group or by vessels and processors catching CDQ or PSQ under 
an approved CDP.
* * * * *
    Chinook Salmon Savings Area of the BSAI (see 
Sec. 679.21(e)(7)(viii) and Figure 8 to this part).
    Chum Salmon Savings Area of the BSAI CVOA (see 
Sec. 679.21(e)(7)(vii) and Figure 9 to this part).
* * * * *
    Fish product (see groundfish product).
* * * * *
    Forage fish means all species of the following families (see also 
Table 2 to this part): * * *
    Gear deployment means:
    (1) For trawl gear: Where the trawl gear reaches the fishing level 
and begins to fish.
    (2) For longline gear: Where the gear enters the water.
    (3) For pot gear: Where the first pot enters the water.
* * * * *
    Haul (see gear retrieval).
* * * * *
    Nearshore Bristol Bay Trawl Closure Area of the BSAI (see 
Sec. 679.22(a)(9) and Figure 12 to this part).
* * * * *
    Non-chinook salmon means coho, pink, chum or sockeye salmon.
* * * * *
    Other gear means gear other than authorized fishing gear.
* * * * *
    Person means:
    (1) IFQ and CDQ Programs and General Usage means any individual who 
is a citizen of the United States or any corporation, partnership, 
association, or other entity (or its successor-in-interest), regardless 
of whether organized or existing under the laws of any state, who is a 
U.S. citizen.
    (2) High Seas Salmon Fishery permits * * *
    (3) Vessel Moratorium (Applicable through December 31, 1998) * * *
* * * * *
    Set means a string of pots or hook-and-line gear or a group of pots 
that is deployed in the water in a similar location with similar soak 
time. A set begins when gear is deployed into the water and includes a 
test set, unsuccessful harvest, or when gear is not working and is 
pulled in, even if no fish are harvested. (see also ``gear 
deployment'').
* * * * *
    Steller Sea Lion Protection Areas (see Figure 16 to this part, 
Sec. 679.22(g) of this part, and Sec. 227.12 of this title).
    Stem means the forward part of a vessel (see Figure 6 to this 
part)--that portion of the vessel where the sides are united at the 
fore end with the lower end attached to the keel and the bowsprit, if 
one is present, resting on the upper end.
    Stern means the aft part of the vessel (see Figure 6 to this part).
* * * * *
    Tender vessel means a vessel that is used to transport unprocessed 
fish received from another vessel to a shoreside processor or 
mothership (see also ``buying station'').
* * * * *
    U.S. citizen means:
    (1) General usage. Any individual who is a citizen of the United 
States.
    (2) IFQ program. (a) Any individual who is a citizen of the United 
States at the time of application for QS; or
    (b) Any corporation, partnership, association, or other entity that 
would have qualified to document a fishing vessel as a vessel of the 
United States during the QS qualifying years of 1988, 1989, and 1990.
* * * * *
    4. In Sec. 679.4, paragraphs (b)(2), (b)(4)(ii), (b)(5)(iv)(D), 
(b)(5)(v), (e), (f)(2)(vi), (f)(4)(ii) are revised; the heading of 
paragraph (h)(2) is revised to read as follows:


Sec. 679.4  Permits.

* * * * *
    (b) * * *
    (2) Non-groundfish. A vessel of the United States that fishes in 
the GOA or BSAI for any non-groundfish species, including but not 
limited to halibut, crab, salmon, scallops, and herring, and that is 
required to retain any bycatch of groundfish under this part must 
obtain a Federal fisheries permit under this part.
* * * * *
    (4) * * *
    (ii) A Federal fisheries permit is surrendered when the original 
permit is submitted to and received by the Administrator, RAM, Juneau, 
AK.
    (5) * * *
    (iv) * * *
    (D) If a mothership or catcher/processor operating in the GOA,

[[Page 5875]]

indicate whether inshore or offshore component.
    (v) Signature. The owner or agent of the owner of the vessel must 
sign and date the application. If the owner is a company, the agent of 
the owner must sign and date the application.
* * * * *
    (e) Halibut/sablefish CDQ permits and CDQ cards. See 
Sec. 679.32(f)(3) and (f)(4).
* * * * *
    (f) * * *
    (2) * * *
    (vi) Signature. The owner or agent of the owner of the shoreside 
processor must sign and date the application. If the owner is a 
company, the agent of the owner must sign and date the application.
* * * * *
    (4) * * *
    (ii) A Federal processor permit is surrendered when the original 
permit is submitted to and received by the Administrator, RAM, Juneau, 
AK.
* * * * *
    (h) * * *
    (2) Crew members and other persons not the operator of a commercial 
fishing vessel using power troll gear. * * *
* * * * *
    5. In Sec. 679.5, paragraphs (a)(1)(i) and (ii), (a)(3)(iii), 
(a)(4), (a)(6)(iii)(B), (a)(7), (a)(9)(ii)(B), (a)(9)(iii), (a)(14)(i) 
through (iv), (c)(2), (c)(3), (e)(1)(iii), (f)(1)(ii)(C), 
(g)(3)(ii)(A), (g)(3)(iii)(A), (h)(2)(i)(B) and (C), (h)(2)(ii)(B) 
through (F), (h)(3)(i)(A)(3), (h)(3)(i)(D)(1), (h)(3)(ii)(D), (i)(2), 
(k)(2)(ii)(A), (l)(5)(vi), (m)(3)(ii), and (n) are revised; paragraphs 
(c)(4), (c)(5), and (c)(6) are removed; and paragraphs (a)(1)(v), 
(a)(1)(vi), (d)(2)(iv), (e)(2)(v), (f)(1)(iii), (f)(2)(v), and 
(h)(1)(iii) are added to read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) General requirements--(1) Applicability, Federal fisheries 
permit. (i) 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:
    (A) 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.
    (B) Any shoreside processor, mothership, or buying station that 
receives groundfish from vessels issued a Federal fisheries permit 
under Sec. 679.4.
    (C) Any buying station that receives or delivers groundfish in 
association with a mothership issued a Federal fisheries permit under 
Sec. 679.4(b) or with a shoreside processor or vessel operating solely 
as a mothership in Alaska State waters issued a Federal processor 
permit under Sec. 679.4(f).
    (ii) 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.
* * * * *
    (v) IFQ sablefish or halibut fisheries. Any catcher vessel or 
catcher/processor that participates in an IFQ fishery in addition to 
the groundfish fisheries of the GOA or BSAI and that is required to 
maintain a logbook under this section, must use a combined groundfish/
IFQ logbook.
    (vi) CDQ fisheries. (A) Any catcher vessel or catcher/processor 
that participates in a CDQ fishery and does not retain any halibut must 
use a groundfish logbook.
    (B) Any catcher vessel or catcher/processor that participates in a 
CDQ fishery, including halibut, and that is required to maintain a 
logbook under this section must use a groundfish/IFQ logbook.
* * * * *
    (3) * * *
    (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).
* * * * *
    (4) Groundfish logbooks and forms. (i) The Regional Administrator 
will prescribe and provide groundfish logbooks and forms required under 
this section as shown in Table 6 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.
    (ii) If a vessel owner or operator is granted reinstatement of a 
Federal fisheries permit after having surrendered it within the same 
fishing year, recordkeeping and reporting requirements as defined in 
this section must be continuous throughout that year, without 
interruption of records.
    (iii) If a shoreside processor owner or manager is granted 
reinstatement of a Federal processor permit after having surrendered it 
within the same fishing year, recordkeeping and reporting requirements 
as defined in this section must be continuous throughout that year, 
without interruption of records.
* * * * *
    (6) * * *
    (iii) * * *
    (B) Date, presented as month-day-year.
    (1) If a catcher vessel harvesting sablefish or halibut under the 
IFQ Program (see subpart D of this part) in addition to groundfish and 
recording more than one day on the DFL logsheet, the operator must 
enter the first day of the harvest at the top of the logsheet and the 
date of each day in the ``record by set'' and ``discard'' sections of 
the DFL.
    (2) If a catcher vessel harvesting groundfish and recording more 
than one day on the DFL logsheet, the operator must enter the first day 
of the harvest at the top of the logsheet and the date of each day in 
the ``catch'' and ``discard/donate'' sections of the DFL.
    (3) If a shoreside processor, the manager must 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.
* * * * *
    (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 or shoreside processor, use a separate 
logsheet for each day or use one logsheet for up to 7 days.
    (iii) Inactive period. (A) Indicate in the DFL, DCL, or DCPL on one 
logsheet 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.

[[Page 5876]]

    (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 of a catcher vessel must 
record in the DFL, the operator or manager of a buying station must 
record in the DCL, and the operator or manager of a catcher/processor, 
mothership, or shoreside processor must record in the DCPL, WPR, DPR, 
and mothership or catcher/processor check-in/check-out report as 
follows:
    (A) Gear type. (1) The gear type used to harvest the groundfish. If 
gear type is not an authorized fishing gear as defined at Sec. 679.2 to 
this part, circle OTHER.
    (2) If a mothership or shoreside processor and groundfish are 
received from 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 or 
manager must:
    (i) Use a separate logsheet in the DCPL to record each gear type.
    (ii) Submit a separate check-in/check-out report, DPR (if 
required), and WPR for each gear type.
    (3) If a buying station and groundfish are received from the same 
reporting area but were harvested with more than one gear type, the 
operator or manager must:
    (i) Use a separate logsheet in the DCL to record each gear type.
    (ii) If a vessel buying station, submit a separate check-in/check-
out report for each gear type. Land-based buying stations are not 
required to submit a check-in/check-out report. Note to paragraph 
(a)(7)(v)(A)(3)(ii):
    (B) Reporting area. In the DFL, DCL, DCPL, WPR, DPR, mothership or 
catcher/processor check-in/check-out report, the reporting area code 
(see Figures 1 and 3 to this part) where gear retrieval, as defined at 
Sec. 679.2 to this part, was completed.
    (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.
    (i) If recording in DFL or DCPL, use two separate logsheets, 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. (1) If a mothership or shoreside processor DCPL, a 
catcher/processor groundfish DCPL, or a catcher vessel groundfish DFL, 
the number of observers aboard or on site.
    (2) If a groundfish/IFQ catcher vessel DFL or groundfish/IFQ 
catcher/processor DCPL, the number of observers aboard, the name of 
observer, and the observer cruise number.
    (D) Number of crew or crew size. In a DFL, DCL, DCPL (except 
shoreside processor), mothership or catcher/processor WPR, and buying 
station check-in/check-out report, the number of crew, excluding 
certified observer(s), on the last day of the weekly reporting period.
    (E) CDQ. In a DFL, DCL, DCPL, WPR, DPR, or check-in/check-out 
report:
    (1) If harvest is under a CDQ program, record the CDQ number.
    (2) If harvest is not under a CDQ program, leave blank.
    (3) If a catcher vessel delivering to a shoreside processor and 
using a groundfish/IFQ DFL, record the CDQ delivery number in the 
appropriate box. If using a groundfish DFL, record the CDQ delivery 
number under ``vessel name'' at the top of the logsheet.
    (4) If a shoreside processor or buying station delivering to a 
shoreside processor, record CDQ delivery number under the catcher 
vessel's name in the delivery information section of the DCPL or DCL, 
respectively.
    (5) If harvest is under more than one CDQ number, use a separate 
logsheet for each CDQ number.
    (F) Experimental fisheries. If harvest is under an experimental 
fisheries program, record the experimental fisheries number (e.g., EXP 
9801) in the CDQ number block.
    (8) Landings information. * * *
    (9) Product information. * * *
    (ii) * * *
    (B) Weekly production. At the end of each weekly reporting period 
or prior to the offload or transfer of all fish or fish product from a 
catcher/processor or mothership if offload or transfer occurs before 
the end of a 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) Zero amount carried forward. At the beginning of each weekly 
reporting period or after the offload or transfer of all fish or fish 
product onboard if such offload occurs prior to the end of a weekly 
reporting period, from a catcher/processor or mothership, the amount is 
zero, and nothing shall be carried forward from the previous weekly 
reporting period.
* * * * *
    (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, satellite (specifically INMARSAT standards A, B, or C), 
or e-mail.
    (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--(1) Groundfish/IFQ. White, blue, green, and 
yellow copies.
    (2) Groundfish. White, blue, and yellow copies.

[[Page 5877]]

    (B) Catcher/processor DCPL--(1) Groundfish/IFQ. White, green, and 
yellow copies.
    (2) Groundfish. 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.
    (i) Groundfish only. The yellow DFL or DCPL copy is submitted to 
NMFS per paragraphs(a)(14)(v) and (vi) of this section.
    (ii) Catcher vessel and catcher/processor groundfish and 
groundfish/IFQ logbooks (Effective through December 31, 1999). Record 
all information in the groundfish DFL or catcher/processor DCPL 
received at the beginning of 1999. Upon receipt of the groundfish/IFQ 
DFL or catcher/processor DCPL, stop recording in the groundfish 
logbook. Complete the date of receipt, page number, and participant 
identification information (see paragraph (a)(5) of this section), then 
write ``transfer to groundfish/IFQ logbook'' across the logsheet. On 
the first page of the groundfish/IFQ logbook, enter the next 
consecutive page number, date of receipt, and participant 
identification (see paragraph (a)(5) of this section), then write 
``transferred from groundfish logbook'' across the logsheet. Combine 
and submit the first quarter, yellow logsheets from the groundfish 
logbook and from the groundfish/IFQ logbook 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.
    (E) Green logsheet, groundfish/IFQ DFL and catcher/processor DCPL. 
The green copies in the groundfish/IFQ DFL and catcher/processor DCPL 
are to support a separate data collection by the IPHC under the joint 
NMFS/IPHC logbook program.
* * * * *
    (c) * * *
    (2) Time limit and submittal--(i) Catcher vessel DFL. 
    (A) The operator of a catcher vessel must record in the DFL:
    (1) The time, position, and estimated total catch weight of 
groundfish for each haul or set within 2 hours after gear retrieval.
    (2) 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.
    (3) Notwithstanding other time limits, all information required in 
the DFL within 2 hours after the vessel's catch is offloaded.
    (B) Except as provided at paragraph (c)(3)(iii)(B)(1) of this 
section, within 2 hours of completion of catch delivery information, 
the operator of a catcher vessel 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.
    (C) The operator must sign the completed DFL logsheets by noon of 
the day following the week-ending date of the weekly reporting period 
(see paragraph (a)(3)(iii) to this part).
    (ii) Catcher/processor DCPL. The operator of a catcher/processor 
must record in the DCPL:
    (A) The time, position, and estimated total catch weight of 
groundfish for each haul or set 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.
    (D) The operator must sign the completed DCPL logsheets by noon of 
the day following the week-ending date of the weekly reporting period 
(see paragraph (a)(3)(iii) of this part).
    (3) Logbook formats--(i) Groundfish/IFQ format. In addition to 
requirements described in paragraphs (a) and (b) of this section, the 
operator of a catcher vessel or a catcher/processor harvesting 
sablefish or halibut under the IFQ program (see subpart D of this part) 
in addition to groundfish must record the operator's name and the 
following information in the groundfish/IFQ DFL or DCPL, respectively:
    (A) Observer information.
    (1) Name of observer. (Optional, but may be required by the 
International Pacific Halibut Commission at 50 CFR chapter III (IPHC 
regulations)).
    (2) Observer cruise number. (Optional, but may be required by IPHC 
regulations).
    (B) Gear type.
    (1) Check the appropriate box to indicate gear type and enter 
appropriate gear ID. If gear information is the same as the previous 
page, check the appropriate box instead of re-entering the information.
    (2) If gear type is pot, enter the number of pots set.
    (3) If gear type is pot, enter the number of pots lost (if 
applicable); (optional, but may be required by International Pacific 
Halibut Commission at 50 CFR chapter III (IPHC regulations)).

[[Page 5878]]

    (4) If gear type is hook-and-line, check the appropriate box to 
indicate whether gear is fixed hook (conventional or tub), autoline, or 
snap. (Optional, but may be required by IPHC regulations).
    (i) If gear type is fixed hook (conventional or tub), autoline, or 
snap, enter the length of skate to the nearest foot. (Optional, but may 
be required by IPHC regulations).
    (ii) If gear type is fixed hook (conventional or tub), autoline, or 
snap, enter the size of hooks, hook spacing in feet, and number of 
hooks per skate. (Optional, but may be required by IPHC regulations).
    (iii) If gear type is fixed hook (conventional or tub), autoline, 
or snap, enter the number of skates set.
    (A) [Reserved]
    (B) If gear type is fixed hook (conventional or tub), autoline, or 
snap, enter the number of skates lost (if applicable). (Optional, but 
may be required by IPHC regulations).
    (C) IFQ permit numbers of operator and each IFQ holder aboard.
    (D) CDQ information. The groundfish CDQ number, the groundfish CDQ 
delivery number, and the halibut CDQ permit number (see Sec. 679.5(n)).
    (E) Set and haul information. 
    (1) The number of set or haul, sequentially by year;
    (2) The date set (month-day-year), time set (to the nearest hour), 
and latitude and longitude (to the nearest minute) of gear deployment 
(begin position);
    (3) Begin and end buoy or bag numbers. (Optional, but may be 
required by International Pacific Halibut Commission at 50 CFR chapter 
III (IPHC regulations)).
    (4) The date hauled (month-day-year), time hauled (to the nearest 
hour), and latitude and longitude (to the nearest minute) of gear 
retrieval (end position);
    (5) The begin and end gear depths, recorded to the nearest fathom; 
(optional, but may be required by IPHC regulations).
    (6) Species code for target species;
    (7) Estimated catch weight of IFQ halibut to the nearest pound. 
(Optional, but may be required by IPHC regulations).
    (8) Estimated round weight of IFQ sablefish to the nearest pound.
    (9) Check appropriate box to indicate whether sablefish is recorded 
in weight or in numbers. If weight is recorded, circle appropriate term 
to indicate whether IFQ sablefish product is recorded as Western cut or 
Eastern cut. (Optional, but may be required by IPHC regulations).
    (10) If a catcher vessel, enter the estimated total round catch 
weight of all species, except sablefish or halibut, to the nearest 
pound.
    (11) If a catcher/processor, enter:
    (i) The round catch weight of pollock and Pacific cod to the 
nearest pound or metric ton.
    (ii) Estimated total round catch weight of all species, except 
sablefish, halibut, Pacific cod, or pollock, to the nearest pound.
    (iii) 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 7 or 8 to this part; quantities over this amount must 
be recorded in the discard or donation section.
    (ii) Groundfish format. In addition to requirements described in 
paragraphs (a) and (b) of this section, the operator of a catcher 
vessel or a catcher/processor harvesting groundfish must record average 
number of hooks, if using longline gear, and the following information 
for each haul or set in the groundfish DFL or DCPL, respectively:
    (A) The number of set or haul, sequentially by year;
    (B) 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;
    (C) The date (month-day-year), begin time (to the nearest hour) and 
position coordinates (to the nearest minute) of gear deployment;
    (D) The date (month-day-year), end time (to the nearest hour), and 
position coordinates (to the nearest minute) of gear retrieval;
    (E) The average sea depth and average gear depth, recorded to the 
nearest meter or fathom;
    (F) If a catcher/processor, the total round catch weight of pollock 
and Pacific cod, to the nearest pound or metric ton.
    (G) If a catcher vessel, the estimated total round catch weight of 
all species, to the nearest pound or metric ton.
    (H) If a catcher/processor, the estimated total round catch weight 
of all species except Pacific cod and pollock, to the nearest pound or 
metric ton.
    (iii) Discard or donation species information.
    (A) Catcher/processor. The operator of a catcher/processor must 
record discard or donation information as described in paragraph 
(a)(10) of this section.
    (B) 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:
    (1) Unsorted codends. If a catcher vessel is using trawl gear and 
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.
    (2) Presorted delivery. Except as provided at Sec. 679.27(d), if a 
catcher vessel is using trawl gear and deliveries to a mothership or 
shoreside processor 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 check the ``presorted 
delivery'' box, and enter the estimated amount of discards by species 
in the DFL.
    (iv) Catcher vessel delivery information. If a catcher vessel, the 
operator must record in the DFL:
    (A) The landing or delivery date (month-day-year).
    (B) The ADF&G fish ticket number(s) provided by the operator of the 
mothership or buying station delivering to a mothership, or the manager 
of a shoreside processor or buying station delivering to a shoreside 
processor.
    (C) Recipient's name or IFQ registered buyer receiving delivery.
    (D) Name of unloading port. If an IFQ landing, see 
Sec. 679.5(l)(5)(vi) of this part and Table 9 to this part for names of 
primary ports.
    (v) Catcher/processor product information. If a catcher/processor, 
the operator must record product information in the DCPL as set forth 
in paragraph (a)(9) of this section.
    (v) (Optional) Comments.
    (d) * * *
    (2) * * *
    (iv) The operator or manager must sign the completed DCL logsheets 
by noon of the day following the week-ending date of the weekly 
reporting period (see Sec. 679.5(a)(3)(iii) to this part).
    (e) * * *
    (1) * * *
    (iii) Occurs during processing of groundfish received from a 
catcher vessel or buying station.
    (2) * * *
    (v) The operator must sign the completed DCPL logsheets by noon of 
the day following the week-ending date of the weekly reporting period 
(see Sec. 679.5(a)(3)(iii) of this part).
    (f) * * *
    (1) * * *
    (ii) * * *
    (C) Occurs during processing of groundfish received from a catcher 
vessel or buying station.

[[Page 5879]]

    (iii) If the manager of a shoreside processor receives groundfish 
and records them as landings in Part IB of the DCPL, and transfers 
these fish to another processor, the manager must also record these 
fish in Part II of the DCPL prior to transfer.
    (2) * * *
    (v) The manager must sign the completed DCPL logsheets by noon of 
the day following the week-ending date of the weekly reporting period 
(see Sec. 679.5(a)(3)(iii) of this part).
    (g) * * *
    (3) * * *
    (ii) * * *
    (A) Name. (1) If another vessel is involved with the transfer, the 
name and call sign of the vessel receiving or delivering groundfish or 
groundfish products.
    (2) If transfer is from other than a vessel, record name of 
processor receiving or delivering groundfish or groundfish products.
* * * * *
    (iii) * * *
    (A) If a catcher/processor or mothership, the harvest zone code of 
the area in which groundfish were harvested as defined in Table 5 to 
this part.
* * * * *
    (h) * * *
    (1) * * *
    (iii) Fishing for groundfish CDQ species. The operator of a 
catcher/processor, mothership, or vessel buying station or the manager 
of a shoreside processor must submit a separate check-in report (BEGIN 
message) and a separate check-out report (CEASE message) for each CDQ 
group.
    (2) * * *
    (i) * * *
    (B) Mothership, shoreside processor, or vessel buying station. (1) 
Before a mothership, shoreside processor, or vessel buying station 
commences receipt of groundfish from any reporting area except 300, 
400, 550, or 690, the operator or manager must submit by fax a check-in 
report (BEGIN message) to the Regional Administrator.
    (2) If a mothership, the operator must check-in to the reporting 
area(s) where groundfish were harvested. A mothership may be checked 
into more than one area simultaneously.
    (C) Fishing for groundfish CDQ species. The operator of a catcher/
processor, mothership, or vessel buying station or the manager of a 
shoreside processor must submit by fax a check-in report to the 
Regional Administrator prior to fishing for any CDQ species.
    (ii) * * *
    (B) Mothership. (1) If a mothership completes receipt of groundfish 
from a reporting area, the operator must submit by fax a check-out 
report to the Regional Administrator within 24 hours after production 
of fish from that reporting area is complete.
    (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) Vessel Buying station. If a buying station completes receipt of 
groundfish in a reporting area, the operator must submit by fax a 
check-out report to the Regional Administrator within 24 hrs after 
departing a reporting area.
    (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) Fishing for groundfish CDQ species. 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) * * *
    (i) * * *
    (A) * * *
    (3) Reporting area where groundfish were harvested and whether 
groundfish were harvested in the COBLZ or RKCSA area.
* * * * *
    (D) Vessel buying station. (1) Reporting area code where groundfish 
receipt begins.
* * * * *
    (ii) * * *
    (D) Vessel buying station. 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.
* * * * *
    (i) * *  *
    (2) Time limits and submittal. (i) 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.
    (ii) If still fishing or processing, the operator or manager must 
submit a WPR at the end of each fishing year (midnight, December 31) 
regardless of where this date falls within the weekly reporting period. 
If still fishing or processing, the operator or manager must submit a 
WPR starting January 1 through the end of the weekly reporting period.
* * * * *
    (k) * * *
    (2) * * *
    (ii) * * *
    (A) The harvest zone code of the area in which groundfish were 
harvested as defined in Table 5 to this part.
* * * * *
    (l) * * *
    (5) * * *
    (vi) Primary ports. Unless specifically authorized on a case-by-
case basis, vessel clearances will be issued only by clearing officers 
at the primary ports listed in Table 9 to this part.
* * * * *
    (m) * * *
    (3) * * *
    (ii) The operator of a mothership must ensure copy distribution of 
each multi-sheet, consolidated weekly ADF&G groundfish fish ticket (G 
series) as follows. A fax copy is not acceptable.
    (A) Yellow copy. Submit the yellow copy 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.
    (B) White copy. Submit the white, original copy per paragraphs 
679.5(a)(14)(vii)(D) and (E).
    (C) Pink copy. Submit the pink copy to the catcher vessel 
delivering groundfish to the mothership.
    (n) Groundfish CDQ fisheries--(1) CDQ delivery report--(i) 
Applicability. (ii) Time limitation and submittal. The manager of each 
shoreside processor receiving CDQ or PSQ species from a catcher vessel 
must submit a CDQ delivery report to the Regional Administrator within 
24 hours of each delivery of groundfish CDQ species to the shoreside 
processor.
    (iii) Information required. The manager of each shoreside processor 
must record the following information on each CDQ delivery report:
    (A) CDQ group information. CDQ group number as defined at 679.2 to 
this part and CDQ group name or acronym.
    (B) Processor information.
    (1) Name and Federal processor permit number of the shoreside 
processor taking delivery of the CDQ catch.
    (2) Date delivery report submitted.
    (C) Vessel and catch information.
    (1) Vessel. Enter the name, Federal Fisheries Permit number if 
applicable,

[[Page 5880]]

and ADF&G number of the vessel delivering CDQ catch. Write ``unnamed'' 
if the vessel has no name.
    (2) CDQ catch. Enter the delivery date, CDQ delivery number, 
harvest gear type, and reporting area of CDQ harvest for each CDQ 
delivery. If caught with trawl gear, check appropriate box(es) to 
indicate if catch was made in the CVOA or the COBLZ.
    (D) Groundfish CDQ species and halibut CDQ.
    (1) Retained. Enter groundfish CDQ species that were delivered and 
retained for processing by product codes and species codes as defined 
in Tables 1 and 2 to this part, respectively.
    (2) Discarded. Enter groundfish CDQ species by species codes as 
defined in Table 2 to this part that were delivered to and discarded 
from the shoreside processor. Catcher vessels with a CDQ observer do 
not report estimates of at-sea discards on the CDQ delivery report.
    (3) Weight. Report the weight of each CDQ species in metric tons to 
at least the nearest 0.001 mt.
    (E) PSQ delivered by observed catcher vessels.
    (1) For each prohibited species other than salmon or crab, enter 
the species codes as defined in Table 2 to this part and the weight to 
the nearest 0.001 mt.
    (2) For salmon or crab, enter the species codes as defined in Table 
2 to this part and the number of animals.
    (F) At-sea discards of PSQ by vessels without observers.
    (1) For each prohibited species other than salmon or crab, enter 
the species codes as defined in Table 2 to this part and the weight to 
the nearest 0.001 mt.
    (2) For salmon or crab, enter the species codes as defined in Table 
2 to this part and the number of animals.
    (2) CDQ catch report--(i) Time limitation and submittal. The CDQ 
representative must submit a CDQ catch report for all catch made by 
vessels groundfish CDQ fishing as defined at Sec. 679.2 to the Regional 
Administrator within 7 days of the date CDQ catch was delivered by a 
catcher vessel to a shoreside processor or mothership, or within 7 days 
of the date gear used to catch CDQ was retrieved by catcher/processors.
    (ii) Information required, all CDQ catch reports. The CDQ 
representative must record the following information on each CDQ catch 
report:
    (A) Vessel type. Select appropriate vessel/gear/delivery type. 
Based on the type selected, complete each of the specified blocks.
    (B) Vessel and catch information. 
    (1) Vessel. Enter the name, Federal Fisheries Permit number if 
applicable, and ADF&G number of the vessel delivering CDQ catch. Write 
``unnamed'' if the vessel has no name.
    (2) Gear type. Indicate gear type used to harvest CDQ catch. If 
using trawl gear, check the appropriate box(es) to indicate whether the 
catch was from the CVOA or COBLZ.
    (3) Reporting area. Enter Federal reporting area in which CDQ catch 
occurred.
    (C) CDQ group information.
    (1) CDQ number as defined at 679.2 to this part and CDQ group name 
or acronym.
    (2) Date report submitted.
    (iii) Information required for Option 1 in the CDP. The CDQ 
representative must record the following information on each CDQ catch 
report for catcher vessels retaining all groundfish CDQ and delivering 
it to a shoreside processor (Option 1 in the CDP):
    (A) Delivery information.
    (1) Name and Federal processor permit number of the shoreside 
processor taking delivery of the CDQ catch.
    (2) Date catch delivered.
    (3) Catcher vessel CDQ delivery number.
    (B) Catch information, Groundfish CDQ species--(1) Retained. Report 
the weight in metric tons to at least the nearest 0.001 mt for each 
groundfish CDQ species delivered and retained for processing by product 
codes and species codes as defined in Tables 1 and 2 to this part, 
respectively.
    (2) Discarded. Report the weight in metric tons to at least the 
nearest 0.001 mt for each groundfish CDQ species delivered to and 
discarded from the shoreside processor by product codes and species 
codes as defined in Tables 1 and 2 to this part, respectively.
    (C) Catch information, Halibut IFQ/CDQ. The CDQ representative must 
report the weight of all CDQ and IFQ halibut in metric tons to at least 
the nearest 0.001 mt for each fixed-gear vessel delivery reported to 
NMFS on an IFQ/CDQ landing report by product codes and species codes 
(code 200) as defined in Tables 1 and 2 to this part, respectively.
    (D) Mortality information, prohibited species other than halibut. 
    (1) For each prohibited species other than salmon or crab, enter 
the species codes as defined in Table 2 to this part and the weight to 
the nearest 0.001 mt.
    (2) For salmon or crab, enter the species codes as defined in Table 
2 to this part and the number of animals.
    (E) Mortality information, halibut PSQ.
    (1) For halibut PSQ catch, enter the round weight to the nearest 
0.001 mt, mortality rate, and overall halibut mortality in metric tons 
to the nearest 0.001 mt.
    (iv) Information required for Option 2 in the CDP. The CDQ 
representative must record the following information on each applicable 
CDQ catch report under Option 2 in the CDP for catcher/processors, 
catcher vessels delivering to motherships, and catcher vessels (with 
observers) using hook-and-line gear and discarding groundfish CDQ at 
sea.
    (A) Delivery information.
    (1) If a mothership, name, Federal fisheries permit number, ADF&G 
number.
    (2) If a catcher/processor or catcher vessel, name, Federal 
fisheries permit number, ADF&G number, CDQ observer's haul or set 
number, and date gear retrieved as determined by the CDQ observer.
    (B) Groundfish CDQ species (see Sec. 679.5(n)(2)(iii)(B)).
    (C) Catch information, Halibut IFQ/CDQ (see 
Sec. 679.5(n)(2)(iii)(C)).
    (D) Mortality information, prohibited species other than halibut 
(see Sec. 679.5(n)(2)(iii)(D)).
    (E) Mortality information, halibut PSQ (see 
Sec. 679.5(n)(2)(iii)(E)).
    6. In Sec. 679.6, paragraph (g) is added to read as follows:


Sec. 679.6  Experimental fisheries.

* * * * *
    (g) Recordkeeping and reporting requirements. In addition to the 
recordkeeping and reporting requirements in this section, the operator 
or manager must comply with requirements at Sec. 679.5(a) through (k).
* * * * *
    7. In Sec. 679.20, paragraph (b)(1)(v) heading is amended by 
removing the sunset date; paragraphs (e)(1), (e)(2)(ii), and (f)(2) are 
amended by removing ``Table 10'' and adding in its place ``Table 7'' 
and by removing ``Table 11'' and adding in its place ``Table 8;'' and 
the in-text table is removed in paragraph (g)(3).
    8. In Sec. 679.21, paragraph (b)(5) is added and paragraph 
(e)(7)(vi)(A) is amended by removing ``(e)(7)(v)(B)'' and adding in its 
place ``(e)(7)(vi)(B)'' to read as follows:


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (b) * * *
    (5) Sablefish as a prohibited species (see Sec. 679.24(c)(2)(ii)).
* * * * *
    9. In Sec. 679.22, paragraphs (a)(7), (a)(8), and (b)(2) are 
removed, new paragraphs (b)(2) and (g) are added; paragraphs (a)(9) and 
(a)(10) are redesignated to read (a)(7) and (a)(8), respectively;

[[Page 5881]]

newly redesignated paragraph (a)(8) is revised; and the heading to 
paragraph (h) is revised to read as follows:


Sec. 679.22  Closures.

    (a) * * *
    (8) Chum Salmon Savings Area. Trawling is prohibited from August 1 
through August 31 in the Chum Salmon Savings Area defined at Figure 9 
to this part (see also Sec. 679.21(e)(7)(vii)).
* * * * *
    (b) * * *
    (2) Southeast Outside District, gear other than nontrawl. Use of 
any gear other than nontrawl gear is prohibited at all times in 
Southeast Outside District defined at Figure 3 to this part.
* * * * *
    (g) Steller sea lion protection areas--(1) 10-nm year-round trawl 
closures. Trawling is prohibited within 10 nm of each of the Steller 
sea lion rookeries shown in Figure 16(b)(2) to this part.
    (2) 20-nm year-round trawl closures. Trawling is prohibited within 
20 nm of each of the Steller sea lion rookeries shown in Figure 
16(b)(3) to this part.
    (3) 20-nm Seasonal trawl closures. During January 1 through April 
15, or a date earlier than April 15, if adjusted under Sec. 679.20, 
trawling is prohibited within 20 nm of each of the Steller sea lion 
rookeries shown in Figure 16(b)(4) to this part.
    (4) Western and Central Aleutian Islands critical habitat 
closures--(i) General. Trawling is prohibited within areas designated 
as Steller sea lion critical habitat in the Western or Central 
Districts of the AI (see Table 1, Table 2, and Figure 4 of 50 CFR part 
226) when the Regional Administrator announces by notification in the 
Federal Register that the criteria for a trawl closure in a district 
set out in paragraph (g)(4)(ii) of this section has been met.
    (ii) Criteria for closure. The trawl closures identified in 
paragraph (g)(4)(i) of this section will take effect when the Regional 
Administrator determines that the harvest of a seasonal allowance of 
Atka mackerel specified under Sec. 679.20(a)(8)(ii)(A) reaches the 
following percentage identified for each year and district:

------------------------------------------------------------------------
                                                     Western    Central
                       Year                           (543)      (542)
                                                    (percent)  (percent)
------------------------------------------------------------------------
1999..............................................        65         80
2000..............................................        57         67
2001..............................................        48         46
2002 and after....................................        40         40
------------------------------------------------------------------------

    (iii) Duration of closure. A Steller sea lion critical habitat area 
trawl closure within a district will remain in effect until NMFS closes 
Atka mackerel to directed fishing within the same district.
    (iv) CDQ fishing. Harvesting groundfish CDQ with trawl gear is 
prohibited within areas designated as Steller sea lion critical habitat 
in the Western and/or Central Districts of the AI (see Table 1, Table 
2, and Figure 4 of 50 CFR part 226) for an eligible vessel listed on an 
approved CDP after the CDQ group has harvested the percent of the 
annual Atka mackerel CDQ specified for the year and district at 
paragraph (g)(4)(ii) of this section.
    (h) CDQ fisheries closures * * *
* * * * *
    10. In Sec. 679.24, paragraph (b)(1)(i) and (ii) are removed; 
(b)(1)(iii) is redesignated as (b)(1); (b)(1)(iii)(A) and (B) are 
redesignated as (b)(1)(i) and (ii).
    11. In Sec. 679.28, paragraph (b)(5)(i) is revised; and paragraph 
(c)(3) is amended by removing ``Sec. 679.5(a)(15)'' and adding it its 
place ``Sec. 679.5(a)(14)(vii)(D)'' to read as follows:


Sec. 679.28  Equipment and operational requirements for catch weight 
measurement.

* * * * *
    (b) * * *
    (5) * * *
    (i) Reports of catch weight and cumulative weight. Reports must be 
printed at least once each 24-hour period in which the scale is being 
used to weigh catch or before any information stored in the scale 
computer memory is replaced. The haul or set number recorded on the 
scale print-out must correspond with haul or set numbers recorded in 
the processor's DCPL (see Sec. 679.5). Scale weights must not be 
adjusted by the scale operator to account for the perceived weight of 
water, mud, debris, or other materials.
* * * * *
    12. In Sec. 679.30, paragraph (a)(1)(iv), is amended by removing 
``Table 7'' and adding in its place ``Table 4,'' and paragraph 
(a)(5)(i)(B) is revised to read as follows:


Sec. 679.30  General CDQ regulations.

    (a) * * *
    (5) * * *
    (i) * * *
    (B) Shoreside processors. A list of the name, Federal processor 
permit number, and location of each shoreside processor that is 
required to have a Federal processor permit under Sec. 679.4(f) and 
will take deliveries of, or process, CDQ catch.
* * * * *
    13. In Sec. 679.31, paragraph (b)(3) introductory text, is revised 
to read as follows:


Sec. 679.31  CDQ reserves.

* * * * *
    (b) * * *
    (3) The proportions of the halibut catch limit annually withheld 
for the halibut CDQ program, exclusive of issued QS, and the eligible 
communities for which they shall be made available are as follows for 
each IPHC regulatory area (see Figure 15 to this part:
* * * * *
    14. In Sec. 679.32, paragraphs (c) introductory text, (c)(1), 
(c)(3) introductory text, (d)(1), (e)(3) through (e)(5), (f)(3), and 
(f)(7) are revised; and paragraphs (f)(8) and (f)(9) are added to read 
as follows:


Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (c) Requirements for vessels and processors. In addition to 
complying with the minimum observer coverage requirements at 
Sec. 679.50(c)(4), operators of vessels groundfish CDQ fishing and 
managers of shoreside processors taking deliveries from vessels 
groundfish CDQ fishing must comply with the following requirements:
    (1) Catcher vessels without an observer. (i) Operators of catcher 
vessels less than 60 ft (18.29 m) LOA must retain all groundfish CDQ, 
halibut CDQ, and salmon PSQ until it is delivered to a processor that 
meets the requirements of paragraph (c)(3) or (c)(4) of this section. 
All halibut PSQ and crab PSQ must be discarded at sea. Operators of 
catcher vessels using trawl gear must report the at-sea discards of 
halibut PSQ or crab PSQ on the CDQ delivery report (see paragraph 
679.5(n)(1)). Operators of catcher vessels using nontrawl gear must 
report the at-sea discards of halibut PSQ on the CDQ delivery report, 
unless exempted from accounting for halibut PSQ under paragraph (b) of 
this section.
    (ii) Catcher vessels delivering unsorted codends. Operators of 
catcher vessels delivering unsorted codends to motherships must retain 
all CDQ and PSQ species and deliver them to a mothership that meets the 
requirements of paragraph (c)(4) of this section.
* * * * *
    (3) Shoreside processors. The manager of a shoreside processor must 
comply with all of the following requirements:
* * * * *
    (d) Recordkeeping and reporting--(1) Catch record. The manager of a 
shoreside processor must submit to NMFS the CDQ delivery report 
required

[[Page 5882]]

in Sec. 679.5(n)(1). The CDQ representative must submit to NMFS the CDQ 
catch report required in Sec. 679.5(n)(2). Additionally, all other 
applicable requirements in Sec. 679.5 for groundfish fishing must be 
met.
* * * * *
    (e) * * *
    (3) Recordkeeping and reporting. The CDQ representative, the 
operator of a vessel, and the manager of a shoreside processor must 
submit all applicable reports in Sec. 679.5, including the CDQ delivery 
report and the CDQ catch report. Catch from the pollock CDQ fisheries 
must be identified separately from catch in other CDQ fisheries on the 
CDQ catch report. Harvest of species other than pollock in the pollock 
CDQ fisheries must not be reported on the CDQ catch report.
    (4) Observer coverage. Two observers are required on all catcher/
processors and motherships harvesting, processing, or taking deliveries 
of pollock CDQ; one observer is required on all catcher vessels 
harvesting pollock CDQ; and one observer is required in a shoreside 
processor while pollock CDQ is being delivered, sorted, or processed.
    (5) Estimation of the weight of pollock CDQ--(i) Shoreside 
processors. All pollock CDQ delivered to a shoreside processor must be 
weighed on a scale approved by the State of Alaska under 
Sec. 679.28(c). The manager of each shoreside processor must notify the 
observer of the offloading schedule of each pollock CDQ delivery at 
least 1 hour prior to offloading to provide the observer an opportunity 
to monitor the weighing of the entire delivery.
    (ii) Motherships and catcher/processors. Operators of motherships 
and catcher/processors must provide holding bins and comply with the 
operational requirements at Sec. 679.28(e) in order for volumetric 
estimates of total catch weight to be made.
    (f) * * *
    (3) Permits. The managing organization responsible for carrying out 
an approved CDP must have a halibut and/or sablefish CDQ permit issued 
by the Regional Administrator. A copy of the halibut and/or sablefish 
CDQ permit must be carried on any fishing vessel operated by, or for, 
the managing organization and be made available for inspection by an 
authorized officer. Such halibut and/or sablefish CDQ permit is non-
transferable and is effective for the fishing year or until revoked, 
suspended, or modified.
* * * * *
    (7) Recordkeeping and reporting. Catcher vessels, catcher/
processors, and motherships with a Federal fisheries permit or 
shoreside processors with a Federal processor permit required under 
Sec. 679.4 must record all catch of groundfish, including sablefish 
CDQ, and prohibited species from the fixed gear sablefish and halibut 
CDQ fisheries in a catcher vessel DFL or catcher/processor, mothership, 
or shoreside processor DCPL. The catcher/processor, mothership, or 
shoreside processor must report this same information on a WPR required 
under Sec. 679.5.
    (8) CDQ fishing seasons. (see 679.23(e)(3)).
    (9) CDQ halibut and sablefish determinations and appeals. Section 
679.43 describes the procedure for appealing initial administrative 
determinations for the halibut and sablefish CDQ program made under 
this subpart C of this part.
    15. Section 679.42 is amended by removing paragraphs (c)(2)(i) 
through (c)(2)(iii), including the in-text table of paragraph 
(c)(2)(iii).
    16. In Part 679, Figures 1 through 5, and 7 through 13, Tables 1 
and 2 are revised, Figures 16, 17, and 18 are added, Tables 4, 5, and 6 
are removed, Tables 7 through 11 are redesignated as Tables 4 through 
8, respectively, and Tables 9 and 10 are added to read as follows:)

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[FR Doc. 99-2189 Filed 2-4-99; 8:45 am]
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