[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]


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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.

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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