[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]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
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
[[Page 5871]]
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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