[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Proposed Rules]
[Pages 67555-67560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31309]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 991108298-9298-01; I.D. 092199C]
RIN 0648-AL88
Fisheries of the Exclusive Economic Zone Off Alaska; At-Sea
Scales; Community Development Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a proposed rule to amend portions of the
regulations implementing the equipment and operational requirements for
catch weight measurement, observer sampling stations, and observer
transmission of data. After the first season of requiring scales and
observer sampling stations on specified vessels participating in
Community Development Quota (CDQ) fisheries, NMFS has identified
aspects of the requirements that need further refinement and correction
for effective implementation. This action is necessary to effect those
refinements and is intended to further the objectives of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Comments must be received by January 3, 2000.
ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand or
courier delivered comments may be sent to the Federal Building, 709
West 9th Street, Room 453, Juneau, AK 99801. Copies of the Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA)
prepared for this action may be obtained from the same address or by
calling the Alaska Region, NMFS, at 907-586-7228. A copy of the
September 9, 1997, environmental assessment prepared for the
Multispecies Community Development Quota (MS CDQ) Program can be
obtained from the same address. Send comments on collection-of-
information requirements to the same address and to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Washington DC 20503 (Attn: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by U.S. vessels in the exclusive economic
zone of the Gulf of Alaska and the Bering Sea and Aleutian Islands
Management Area is managed by NMFS according to the Fishery Management
Plan for Groundfish of the Gulf of Alaska and the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMPs). The North Pacific Fishery Management Council (Council)
prepared the FMPs under authority of the Magnuson-Stevens Act.
Regulations implementing the FMPs at 50 CFR part 679 and subpart H of
50 CFR part 600 govern fishing by U.S. vessels. Equipment and
operational requirements for catch weight measurement appear at 50 CFR
679.28 and equipment and operational requirements for transmission of
observer data appear at 50 CFR 679.50.
On February 4, 1998 (63 FR 5836), NMFS published a final rule
establishing the performance, technical, operational, maintenance, and
testing requirements for scales used to weigh catch at sea. On June 4,
1998 (63 FR 30381), NMFS published a final rule that established the
requirements for observer sampling stations and required the use of
scales and observer sampling stations on specified vessels
participating in CDQ fisheries. Further information on the rationale
for, and implementation of, the regulations establishing equipment and
operational requirements for catch weight measurement appear in the
preambles to these final rules.
The regulations at Sec. 679.28 establish performance and technical
requirements for scales and observer sampling stations. They do not
require their use in any fishery. The first program to which these
requirements applied was the MS CDQ Program. Fishing under the MS CDQ
program was authorized to begin October 1, 1998. Section 211(b)(6)(B)
of the American Fisheries Act of 1998 (AFA) requires that by January 1,
2000, all of the 20 catcher/processors listed in section 208(e) of the
AFA weigh their catch in all groundfish fisheries off Alaska on a scale
approved by NMFS. NMFS will be publishing a separate rule to implement
this and other provisions of the AFA.
Following implementation of the regulations at Sec. 679.28, NMFS
and affected members of the fishing industry realized that some
provisions of the regulations required clarification and refinement.
Changes are necessary to ensure NMFS' ability to effectively administer
the equipment and operational requirements and to improve the clarity
and consistency of the implementing regulations.
On December 17, 1998, NMFS held a public workshop in Seattle, WA,
to obtain the views of vessel owners affected by the provisions of
Sec. 679.28. Twenty-two industry representatives, representing 26 of
the 35 catcher/processors currently affected by the regulations,
attended.
Scales Used to Weigh Catch at Sea
This proposed rule would revise Sec. 679.28(b)(2)(iii) to authorize
NMFS staff to inspect scales. Inspectors employed by NMFS were
inadvertently excluded from the categories of scale inspectors
authorized by NMFS to perform scale inspections. In addition,
Sec. 679.28(b)(2)(iii) would be revised to eliminate the category scale
inspectors employed by a U.S., state, or local weights and measures
agency other than a weights and measures agency designated by NMFS from
the categories of scale inspectors authorized by NMFS to perform scale
inspections on its behalf. Paperwork Reduction Act clearance was not
obtained for the information collections necessary for a person to
qualify as a scale inspector under this category. As revised, only
scale inspectors employed by NMFS or from a weights and measures agency
designated by NMFS to perform scale inspections on its behalf would be
authorized to inspect scales.
Section 679.28(b)(2)(vii) requires that scale inspectors use forms
supplied by the NMFS-designated weights and measures agency. NMFS could
more conveniently design and produce inspection report forms. This
proposed rule would change this paragraph to allow the use of NMFS-
supplied forms.
Vessels required to use NMFS-approved platform or hanging scales
must provide test weights that will allow the scale to be tested daily
when
[[Page 67556]]
in use. The test weights must be certified by a National Institute of
Standards and Technology approved metrology laboratory. NMFS has
determined that the test weight certification requirement is needlessly
burdensome. Section 679.28(b)(3)(ii)(B) would be revised to allow a
test weight to remain in use if approved by the NMFS-authorized scale
inspector at the time of the annual dockside inspection.
To meet NMFS' approval, a scale must be capable of producing a
printed report that details the amount of product that the scale has
weighed. The operator of a vessel required to weigh total catch must
ensure that the scale prints a report at least once every 24 hours when
use of the scale is required. These reports must be signed by the
vessel operator and maintained by the vessel owner for 3 years. Current
regulations require that each report include the vessel name, the
Federal fisheries or processor permit number, the haul number, the date
and time that weighing the haul began, the date and time that weighing
the haul ended, the total weight of the haul, the total weight of all
catch weighed on the scale and the date and time the report was
printed. Because much of this information is also recorded by the
observer, NMFS proposes that only the vessel name and permit number,
the haul number, the total weight of the haul and the total cumulative
weight on the scale be required on the daily printout. The other
printout requirements would be removed. This proposed change would
reduce a regulatory burden on vessels required to weigh all catch.
Scale manufacturers have proposed using a computer-generated check
number instead of a physical seal to protect adjustable components on
NMFS-approved scales. Under this system, the scale would display a
check number upon startup. If the scale operator were to adjust an
adjustable component of the scale, the check number would change. If
the check number changed between scale inspections, the inspector would
know that an adjustment had been made. Because the check number would
be sequential, the inspector would also know how many adjustments had
been made. NMFS believes that this system would provide security equal
to a physical seal and proposes that its use be allowed. NMFS proposes
to change the definition of ``security seals or means'' in section 5.0
of Appendix A to part 679 to include a sequential check number
generated by the scale.
Observer Sampling Stations
Observer sampling stations are currently required on specified
vessels participating in CDQ fisheries. For an observer sampling
station to meet the requirements of Sec. 679.28(d), it must meet
specifications for equipment, accessibility, location, safety, and
size. Each observer sampling station must be inspected and approved by
NMFS before its use and annually thereafter. A station must be
reinspected if it is altered or moved.
NMFS inspected the first observer sampling station in June of 1998.
During 1998, NMFS approved observer sampling stations on 23 vessels.
Based on those inspections and comments from affected vessel owners,
NMFS proposes to clarify the observer sampling station regulations.
Current regulations at Sec. 679.28(d)(2)(i) require that the
observer sampling station on factory trawlers and motherships be
located within 4 meters (m) of where the observer samples unsorted
catch. There must be clear and unobstructed passage between the
sampling station and where the observer samples unsorted catch. On most
vessels, the observer can see the entire flow of fish between the bin
and the observer sampling station, and vessel crew members would be
unable to remove or sort fish without the observer's knowledge. On some
vessels the crew could remove fish between the bin and the observer
sampling station without the observer's knowledge. Such removal would
prevent the observer from ensuring that his or her estimate of total
catch and species composition is accurate and unbiased. This proposed
rule would require that, when the observer stands at the location where
unsorted catch is collected, he or she must be able to see that no fish
are removed between the bin and the scale used to weigh total catch. On
those factory trawlers and motherships where the observer cannot see
the entire flow of fish wherever the crew has access to it, the vessel
owners would be required to install mirrors, viewing windows, or other
modifications so that the observer could see the entire flow of fish.
The observer sampling station on a vessel using nontrawl gear must
be within 5 m of where catch is brought onboard, unless that location
is unsafe. There also must be clear and unobstructed passage between
the sampling station and where the observer samples unsorted catch
(Sec. 679.28(d)(2)(ii)). The current regulations do not accurately
reflect the needs of NMFS observers, nor do they explain clearly to
vessel owners what they must do to build an observer sampling station
that meets the requirements. NMFS proposes to clarify and expand the
requirements for an observer sampling station on vessels using nontrawl
gear by defining and requiring two new areas on nontrawl vessels: The
collection area and the tally station. The collection area would be a
location where the observer, or a crew member under the observer's
guidance, collects fish for sampling as they are brought aboard the
vessel, and where the observer can see the gear as it leaves the water.
The tally station would be a location within 5 m of where fish enter
the vessel and where the observer could see the fishing gear as it
leaves the water and could count and identify fish. The tally station
and collection area would have to be equipped with railing, grating,
and adequate lighting as necessary for the observer to effectively
perform his/her duties. Clear and unobstructed passage would be
required between the observer sampling station and the collection area,
with access provided to the tally station. Because the observer would
not need to carry baskets between the tally station and the observer
sampling station, access to the tally station would not need to meet to
be clear and unobstructed. All nontrawl vessels with currently approved
observer sampling stations would meet the proposed requirements for the
tally station and collection area, except that some boats would be
required to make minor modifications to the tally station or collection
area by adding grating or railings.
Current regulations at Sec. 679.28(d)(2)(i) and (ii) require clear
and unobstructed passage between the observer sampling station and
where the observer samples unsorted catch. The phrase ``clear and
unobstructed'' is ambiguous and needs to be clarified. The proposed
change would define ``clear and unobstructed passage'' as follows:
Where clear and unobstructed passage is required, passageways must
be at least 65 cm wide at the narrowest point, be free of tripping
hazards, and be at least 1.8 m high. Doorways or companionways must be
free of obstacles.
This definition is similar to the procedural definition NMFS staff
currently uses when inspecting observer sampling stations, and those
vessels with approved sampling stations would meet these proposed
criteria.
Current regulations require that an observer sampling station
provide a minimum working space at least 1.8 m by 2.5 m. Based on
comments from affected vessel owners, NMFS has determined that this
requirement is
[[Page 67557]]
overly restrictive and proposes to require a minimum area of 4.5 square
meters. This would give the observer the same amount of space while
allowing the vessel owner greater flexibility in the design of observer
sampling stations. To ensure that the observer will have sufficient
room to work when standing at the table, this proposed change also
would require that the station provide at least 0.9 m of working space
in front of the sampling table.
Current regulations require that a NMFS-approved platform scale be
provided in each observer sampling station. The scale must be rigidly
attached to the vessel. The regulations do not specify at what height
it should be attached. In many cases, vessel owners have installed the
scale either flush with or on top of the observer sampling table, in
some cases as high as 1.5 m off the floor. When the existing
regulations were written, NMFS did not consider the need to mount the
scale closer to the floor. However, based on comments received from
observers, when the scale platform is more than 0.7 m above the floor,
some observers cannot lift heavy baskets of fish onto the scale
platform, especially during rough weather.
This proposed rule would require that the scale be mounted so that
the weighing surface is no more than 0.7 m above the floor. Because
many vessels installed scales at greater heights, these vessels would
have to remount the scales. Depending on the construction of the scale
base and the layout of the sampling station, lowering the scale would
cost approximately $50.00 to $200.00. In no case would the proposed
change require substantial modification of either the factory or the
observer sampling station.
Observers estimate the species composition of each haul on factory
trawlers and motherships. Weighing all of the catch by species is not
practical, so the observer often sorts, weighs, and identifies a sample
of the catch. NMFS extrapolates from these samples to estimate the
total weight of each species in the haul. Observers take three major
types of samples. The smallest sample is a basket sample. When basket
sampling, the observer diverts at least 80 kilograms of fish into
baskets, and measures and identifies each fish in the basket. Basket
samples are often used to determine the size composition of the target
catch in a haul. They are also used to determine the species
composition of a haul when many species are abundant in the haul.
If the observer believes that counting, weighing, and identifying
all of some species in a larger sample will be possible, he or she will
take a partial haul sample. In a partial haul sample, the observer
randomly selects a portion of the haul and sorts the chosen species
into larger containers, then sorts and weighs them by species. The
observer may choose to take a partial haul sample for all species, for
non-target species, or only for prohibited species. When a vessel
provides a total-catch weighing scale, the observer can use the scale
weight to make an unbiased decision about when to start and stop a
partial haul sample.
The final sample type is a whole haul sample. In a whole haul
sample, the observer counts and weighs all of a given species in a
haul. The sampling types can be combined and the observer may take all
three types of sample from a single haul. For example, the observer may
basket sample for the target species, whole haul for prohibited
species, and partial haul for everything else.
As the percentage of the haul sampled increases, the accuracy of
the estimates of species composition increase as well. Many vessel
owners believe that larger samples prevent overestimation of the total
catch of uncommon and prohibited species. Because catch of these
species often drives the allowable harvest of target species, the
vessel owners and operators often encourage the observer to partial or
whole haul for prohibited species. However, the observer's ability to
take partial or whole haul samples can be constrained by a lack of belt
space where the sample can be sorted. All trawl catcher/processors with
approved sampling stations have voluntarily provided sufficient space
below the total-catch weighing scale to encourage the observer to take
larger samples. In most cases, the space was already available, but in
some cases vessels had to make factory modifications that would not
have been necessary had they known in advance the requirements for
partial haul sampling.
As part of the approval of an observer sampling station, this
proposed rule would require that trawl catcher/processors provide at
least 1 m of belt space downstream from the total-catch weighing scale
for the observer's use when processing samples. This would enable the
observer to use each of the three primary sampling strategies on all
trawl catcher/processors.
Transmission of Observer Data
Each of the six CDQ groups is allocated a percentage of the total
allowable catch for each species or species group in the BSAI, except
squid. Many of the species quotas are further apportioned by season or
area. Each CDQ group is responsible for managing its quotas and
ensuring that its harvesting partners do not exceed them. To do this,
the CDQ groups depend on the observer's estimates of total catch. In
some cases, a CDQ harvesting partner could take a group's entire
allocation of a species in a single haul. Thus, both NMFS and the CDQ
group must get reliable and timely harvest information from the
observer. To ensure timeliness and accuracy, observers use NMFS-
supplied data entry and transmission software. This software guides the
observer in what information needs to be transmitted, performs basic
error checking, and transmits the data to NMFS. For an observer to use
this system, the vessel operator must install NMFS-supplied data entry
software and provide the computer and communication equipment necessary
for its use. All processors currently participating in the CDQ
fisheries have done this. However, this proposed rule would make the
use of the NMFS-supplied electronic reporting software mandatory to
ensure that timely data transmission will continue to occur.
Current regulations at Sec. 679.50(f)(1)(iii)(B)(1) require
catcher/processors and motherships to be equipped with the electronic
communication equipment, hardware, and software necessary for the
communication of observer data. NMFS proposes to amend
Sec. 679.32(c)(4) to require that processor vessels engaged in CDQ
fishing be required to provide and maintain the NMFS-supplied data
transmission software. Also, these vessels would be required to provide
and maintain the computer hardware, software, and communication
equipment needed for data transmission as specified at
Sec. 679.50(f)(1)(iii).
Technical Corrections
This proposed rule also would make minor editorial revisions to
Sec. 679.28 described here. These revisions are necessary to correct
errors or clarify the regulatory text.
The phrase ``for catch weight measurement'' would be removed from
the title of Sec. 679.28 because the section also includes the
requirements for other equipment.
Paragraph (b)(2)(vii) of Sec. 679.28 would be revised by removing
unnecessary text and subdividing the paragraph to improve clarity.
Paragraph (b)(3) of Sec. 679.28 would be clarified by changing the
phrase ``in which fish are weighed'' to ``when use of the scale is
required.''
Paragraph (b)(3)(ii)(A) of Sec. 679.28 would be revised by removing
the title
[[Page 67558]]
``Maximum Permissible Error,'' which is unnecessary.
Paragraph (b)(5)(i) of Sec. 679.28 would be clarified by changing
the sentence ``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 memory is replaced.'' This sentence
would be changed to read: ``Reports must be printed every 24 hours when
use of the scale is required. Reports must also be printed before any
information stored in the scale computer memory is replaced.''
Paragraph (d)(5) of Sec. 679.28 would be revised by changing the
phrase ``electronic motion compensated platform scale'' to ``NMFS-
approved platform scale.'' The original phrase is not consistent with
wording used elsewhere.
Paragraph (d)(6) of Sec. 679.28 would be clarified by changing the
overly restrictive term ``floor grating'' to ``flooring that prevents
slipping and drains well (grating or other material where
appropriate).''
Paragraph (d)(8) of Sec. 679.28 would be clarified by adding the
phrase ``when use of the observer sampling station is required'' to the
second sentence so that it reads: ``If the observer sampling station is
moved or if the space or equipment available to the observer is reduced
or removed, when use of the observer sampling station is required, the
observer sampling station inspection report issued under this section
is no longer valid.'' In many cases, vessel owners wish to use the
observer sampling station for other purposes when not engaged in a
fishery requiring its use. NMFS did not intend to require that the
station be reinspected in this event; this change clarifies that
intent.
The first sentence of paragraph (d)(8)(i)(G) of Sec. 679.28 would
be revised by changing the phrase ``CDQ and PSQ'' to ``catch'' so that
it reads as follows: ``For catcher/processors using trawl gear and
motherships, a diagram drawn to scale showing the location(s) where all
catch will be weighed, the location where observers will sample
unsorted catch, the location of the observer sampling station as
described at paragraph (d) of this section, including the observer
sampling scale, the name of the manufacturer, model of the scale to
weigh total catch, and the observer sampling scale.'' This
clarification is necessary because scales and observer sampling
stations may be required on vessels not harvesting CDQ or PSQ.
Classification
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any 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.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA). All have been approved by
OMB and none would be changed as a result of this proposed action. The
OMB control numbers and estimated response times for these requirements
are: The submission of scale inspection reports is approved under 0648-
0330 at 15 minutes per response; the retention of scale weight reports
is approved under 0648-0330 at 3 minutes per response; the inspection
of an observer sampling station is approved under 0648-0269 at 2 hours
per response; and the electronic transmittal of observer data is
approved under 0648-0307 at 10 minutes per response.
The estimates of response times given here include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Public comment is sought regarding whether
the proposed collection-of-information requirements are necessary for
the proper performance of the functions of the agency, including
whether the information shall have practical utility; the accuracy of
the burden estimates; 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 these, or any other aspects of the collection of
information requirements, to NMFS and OMB (see ADDRESSES).
NMFS prepared an IRFA for this proposed rule pursuant to 5 U.S.C.
603, without first making the threshold determination of whether the
proposal would have a significant impact on a substantial number of
small entities. The Summary and Conclusions section of the IRFA states:
This action would revise and clarify the equipment and technical
requirements for at-sea scales, observer sampling stations and
observer transmission of data by making numerous, minor revisions to
the regulations implementing these programs. The action is necessary
to ensure NMFS ability to effectively manage these programs; to
improve the clarity and consistency of the implementing regulations;
and to reduce unnecessary regulatory burdens. It is being
promulgated under the authority of the Magnuson-Stevens Act. This
action would directly impact the 13 freezer longliners currently
equipped with scales or observer sampling stations that may be small
entities. The preferred alternative would impose no new reporting or
recordkeeping requirements nor would it duplicate, overlap, or
conflict with existing Federal rules. NMFS estimates that the
preferred alternative would cost the owners of directly impacted
freezer longliners less than $8,500 distributed among the 13
directly impacted vessels and in no case would cost any one vessel
more than $1,700. This represents less than .06 percent of the
average per-vessel gross revenues for the impacted vessels. In
addition to the preferred alternative, the analysis considered two
other alternatives: a ``no action'' alternative that would not
revise the existing regulations; and a ``partial implementation''
alternative that would implement some of the proposed revisions.
These alternatives were rejected because they would fail to make the
changes necessary for successful management of these programs.
The ownership characteristics of vessels that would be impacted
by this action have not been analyzed to determine if they are
independently owned and operated or affiliated with a larger parent
company.
A copy of the RIR/IRFA can be obtained from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with that directive, we seek 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: November 26, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out 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 part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq. and 3631 et seq.
2. In Sec. 679.28, the section heading is revised; introductory
text to paragraphs (b)(2)(iii), (b)(3), (b)(3)(ii)(B), (b)(5), and
(d)(8), is revised; and paragraphs (b)(2)(vii), (b)(3)(ii)(A),
(b)(5)(i), (b)(6), (d)(2), (d)(3), (d)(5) through (d)(7), and
(d)(8)(i)(G) are revised to read as follows:
[[Page 67559]]
Sec. 679.28 Equipment and operational requirements.
* * * * *
(b) * * *
(2) * * *
(iii) Who may perform scale inspections? Scales must be inspected
by either a NMFS staff scale inspector or a scale inspector employed by
a weights and measures agency designated by NMFS to perform scale
inspections on its behalf. A list of NMFS staff scale inspectors and
scale inspectors employed by a weights and measures agency designated
to perform scale inspections on its behalf is available from the
Regional Administrator upon request. Scale inspections are paid for by
NMFS.
* * * * *
(vii) Scale inspection report. (A) A scale is approved for use when
the scale inspector completes and signs a scale inspection report
verifying that the scale meets all of the requirements specified in
this paragraph (b)(2) and appendix A to this part.
(B) The scale inspector must provide the original inspection report
to the vessel owner and a copy to NMFS.
(C) The vessel owner must either:
(1) Maintain a copy of the report on board when use of the scale is
required and make the report available to the observer, NMFS personnel,
or an authorized officer, upon request, or;
(2) Display a valid NMFS-sticker on each approved scale.
(D) When in use, an approved scale must also meet the requirements
described in paragraphs (b)(3) through (b)(6) of this section.
(3) At-sea scale tests. To verify that the scale meets the MPEs
specified in this paragraph (b)(3), the vessel owner must ensure that
the vessel operator tests each scale or scale system used to weigh
total catch one time during each 24-hour period when use of the scale
is required.
* * * * *
(ii) * * *
(A) The MPE for platform and hanging scales is plus or minus 0.5
percent of the known weight of the test material.
(B) Test weights. Each test weight must have its weight stamped on
or otherwise permanently affixed to it. The weight of each test weight
must be annually certified by a National Institute of Standards and
Technology approved metrology laboratory or approved for continued use
by the NMFS authorized inspector at the time of the annual scale
inspection. The amount of test weights that must be provided by the
vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and
(b)(3)(ii)(B)(2) of this section.
* * * * *
(5) Printed reports from the scale (not applicable to observer
sampling scales). The vessel owner must ensure that the vessel operator
provides the printed reports required by this paragraph. Printed
reports from the scale must be maintained on board the vessel until the
end of the year during which the reports were made and be made
available to observers, NMFS personnel, or an authorized officer. In
addition, printed reports must be retained by the vessel owner for 3
years after the end of the year during which the printouts were made.
(i) Reports of catch weight and cumulative weight. Reports must be
printed at least once every 24 hours when use of the scale is required.
Reports must also be printed before any information stored in the scale
computer memory is replaced. Scale weights must not be adjusted by the
scale operator to account for the perceived weight of water, mud,
debris, or other materials. Scale printouts must show:
(A) The vessel name and Federal fisheries or processor permit
number;
(B) The haul or set number as recorded in the processor's DCPL (see
Sec. 679.5);
(C) The total weight of the haul or set;
(D) The total cumulative weight of all fish or other material
weighed on the scale.
* * * * *
(6) Scale installation requirements. The scale display must be
readable from where the observer collects unsorted catch.
* * * * *
(d) * * *
(2) Location. (i) Motherships and catcher/processors or catcher
vessels using trawl gear. The observer sampling station must be located
within 4 m of the location from which the observer collects unsorted
catch. Clear, unobstructed passage must be provided between the
observer sampling station and the location where the observer collects
unsorted catch. When standing where unsorted catch is sampled, the
observer must be able to see that no fish have been removed between the
bin and the scale used to weigh total catch.
(ii) Vessels using nontrawl gear. The observer sampling station
must be located within 5 m of the collection area, described at
Sec. 679.28(d)(7)(ii)(B), unless any location within this distance is
unsafe for the observer. Clear, unobstructed passage must be provided
between the observer sampling station and the collection area. Access
must be provided to the tally station, described at
Sec. 679.28(d)(7)(ii)(A). NMFS may approve an alternative location if
the vessel owner submits a written proposal describing the alternative
location, the reasons why a location within 5 m of where fish are
brought on board the vessel is unsafe, and if the proposed observer
sampling station meets all other applicable requirements of this
section.
(iii) What is clear, unobstructed passage? Where clear and
unobstructed passage is required, passageways must be at least 65 cm
wide at their narrowest point, be free of tripping hazards, and be at
least 1.8 m high. Doorways or companionways must be free of obstacles.
(3) Minimum work space. The observer must have a working area for
sampling of at least 4.5 square meters. This working area includes the
observer's sampling table. The observer must be able to stand upright
and have a work area at least 0.9 m deep in the area in front of the
table and scale.
* * * * *
(5) Observer sampling scale. The observer sampling station must
include a NMFS-approved platform scale with a capacity of at least 50
kg located within 1 m of the observer's sampling table. The scale must
be mounted so that the weighing surface is no more than 0.7 m above the
floor. The scale must be approved by NMFS under paragraph (b) of this
section and must meet the maximum permissible error requirement
specified in paragraph (b)(3)(ii)(A) of this section when tested by the
observer.
(6) Other requirements. The sampling station must include flooring
that prevents slipping and drains well (grating or other material where
appropriate), adequate lighting, and a hose that supplies fresh or sea
water to the observer.
(7) Requirements for sampling catch. (i) Motherships and catcher/
processors using trawl gear. The conveyor belt conveying unsorted catch
must have a removable board to allow fish to be diverted from the belt
directly into the observer's sampling baskets. The diverter board must
be located after the scale used to weigh total catch so that the
observer can use this scale to weigh large samples. At least 1 m of
accessible belt space, located after the scale used to weigh total
catch, must be available for the observer's use when sampling a haul.
(ii) Catcher/Processors using non-trawl gear. In addition to the
sampling station, vessels using non-trawl gear must provide: (A) Tally
Station. A place
[[Page 67560]]
where the observer can see the gear as it leaves the water and can
count and identify fish. It must be within 5 meters of where fish are
brought aboard the vessel and in a location where the observer is not
in danger of falling overboard or being gaffed. Where exposed to wind
or seas, it must be equipped with a railing at least 1.0 meter high,
grating or other non-slip material, and adequate lighting.
(B) Collection Area. A place where the observer, or vessel crew
under the observer's guidance, collects fish as they come off the line
or are removed from pots. It must be located where the observer can see
the gear when it leaves the water. Where exposed to wind or seas, it
must be equipped with a railing at least 1.0 m high and grating or
other non-slip material.
(8) Inspection of the observer sampling station. Each observer
sampling station must be inspected and approved by NMFS prior to its
use for the first time and then one time each year within 12 months of
the date of the most recent inspection with the following exceptions:
If the observer sampling station is moved or if the space or equipment
available to the observer is reduced or removed when use of the
observer sampling station is required, the observer sampling station
inspection report issued under this section is no longer valid, and the
observer sampling station must be reinspected and approved by NMFS.
Inspection of the observer sampling station is in addition to
inspection of the at-sea scales by an authorized scale inspector
required at paragraph (b)(2) of this section.
(i) * * *
(G) For catcher/processors using trawl gear and motherships, a
diagram drawn to scale showing the location(s) where all catch will be
weighed, the location where observers will sample unsorted catch, and
the location of the observer sampling station as described at paragraph
(d) of this section.
* * * * *
3. In Sec. 679.32, paragraphs (c)(4)(iii) and (c)(4)(iv) are
redesignated as paragraphs (c)(4)(iv) and (c)(4)(v) respectively, and a
new paragraph (c)(4)(iii) is added to read as follows:
Sec. 679.32 Groundfish and halibut CDQ catch monitoring.
* * * * *
(c) * * *
(4) * * *
(iii) Obtain the data entry software provided by the Regional
Administrator (ATLAS software) for use by the observer and ensure
that observer data can be transmitted from the vessel to NMFS at any
time while the vessel is receiving, catching or processing CDQ species.
* * * * *
4. In appendix A to part 679, in section 2.3.1.8, paragraphs
(a)(iv) and (a)(v), in section 3.3.1.7, paragraphs (a)(iv) and (a)(v),
and in section 4.3.1.5, paragraph (iv) are removed; in section 2.3.1.8,
paragraphs (a)(vi) through (a)(viii) are redesignated as paragraphs
(a)(iv) through (a)(vi) respectively; in section 3.3.1.7, paragraphs
(a)(vi) through (a)(viii) are redesignated as paragraphs (a)(iv)
through (a)(vi) respectively; in section 4.3.1.5, paragraph (a)(v) is
redesignated as paragraph (a)(iv); and the definition of security
seals or means in section 5.0 is revised to read as follows:
Appendix A To Part 679
* * * * *
5. Definitions
* * * * *
Security seals or means--A physical seal such as a lead and wire
seal that must be broken in order to change the operating or
performance characteristics of the scale, or a number generated by the
scale whenever a change is made to an adjustable component. The number
must be sequential and it must not be possible for the scale operator
to alter it. The number must be displayed whenever the scale is turned
on.
* * * * *
[FR Doc. 99-31309 Filed 12-1-99; 8:45 am]
BILLING CODE 3510-22-F