[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33780-33784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13185]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991108298-0145-02; 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: Final rule.

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SUMMARY: NMFS issues a final rule to amend portions of the regulations

[[Page 33781]]

implementing the equipment and operational requirements in the 
Community Development Quota (CDQ) fisheries for catch weight 
measurement, observer sampling stations, and observer transmission of 
data. After the first year of requiring scales and observer sampling 
stations on specified vessels participating in the CDQ fisheries, NMFS 
has identified aspects of the requirements that need further refinement 
and correction for effective implementation. This action is intended to 
effect those refinements.

DATES: Effective June 26, 2000.

ADDRESSES: Copies of the Regulatory Impact Review/Final Regulatory 
Flexibility Analysis (RIR/FRFA) prepared for this action may be 
obtained from the Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel, 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.
    Comments involving the reporting burden estimates or any other 
aspects of the collection of information requirements contained in this 
final rule should be sent to both Lori Gravel, at the above address, 
and to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Washington, D.C. 20503 (ATTN: NOAA Desk 
Officer). Comments sent by e-mail or the Internet will not be accepted.

FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages 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 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 Fishery 
Conservation and Management Act (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.
    This final rule makes numerous minor revisions to Secs. 679.28 and 
679.32. NMFS published a proposed rule to implement these revisions in 
the Federal Register on December 2, 1999 (64 FR 67555). The preamble to 
the proposed rule contains a full description of the revisions and 
their justification, which is not repeated here. The proposed rule also 
provided the public with a 30-day review and comment period. NMFS 
received no comments on the proposed rule. Although some editorial 
changes were made to the regulatory text in this final rule, no 
substantive changes were made from the proposed regulatory text. Though 
this action results in some substantive regulatory revisions, most 
changes are technical edits needed to clarify existing regulations. The 
substantive changes that alter existing regulations will:
    1. Explicitly allow NMFS staff to inspect and approve scales for 
use at-sea;
    2. Allow the use of scale approval stickers or seals in lieu of 
maintaining a scale inspection report on board the vessel;
    3. Relax the annual certification requirements for the test weights 
that must accompany an approved observer platform scale;
    4. Allow scale manufacturers to use a computer-generated check 
number instead of a physical seal to protect adjustable scale 
components from fraudulent tampering;
    5. Relax the requirements for the daily printout of haul 
information for a vessel that must weigh all catch;
    6. Modify the requirements for visibility of the display on a 
total-catch weighing scale;
    7. Require operators of trawl catcher/processors to ensure that no 
removal of fish can take place between the bin and observer sampling 
station without the removal being visible to the observer;
    8. Define ``tally area'' and ``collection point'' for longline 
catcher/processors and specify requirements for their dimensions, 
location, and construction;
    9. Define the phrase ``clear and unobstructed passage,'' as used in 
the current regulations;
    10. Make the minimum work space requirements for the observer 
sampling station more flexible by giving a minimum area criterion in 
lieu of specific minimum station length and width requirements;
    11. Require that observer sampling station scales be mounted with 
the platform (i.e., the weighing surface) no more than 0.7 meter above 
the floor;
    12. Require that trawl catcher/processors provide at least 1 meter 
of belt space downstream from the total-catch weighing scale for the 
observer's use when processing samples; and
    13. Require that catcher/processors and motherships obtain, 
install, and maintain NMFS-provided data-entry software if 
participating in CDQ fisheries.

Compliance Guide for Small Entities

    The Small Business Regulatory Enforcement Fairness Act of 1996 
requires that NMFS prepare a compliance guide that explains how small 
entities must comply with the regulations implemented in this final 
rule. This action revises the requirements for observer sampling 
stations, at-sea scales, and transmission of observer data. This action 
affects all small entities that are required to install and maintain 
NMFS-approved scales or observer sampling stations. Affected entities 
must comply with the regulations concerning at-sea scales and observer 
sampling stations at Sec. 679.28 and the regulations concerning the 
transmission of observer data in the CDQ program at Sec. 679.32.
    Because this rule makes changes to the at-sea scales and observer 
sampling station programs, it is possible that a sampling station or 
scale that was acceptable when inspected in 1999 will not be acceptable 
now. NMFS recommends that small entities required to provide NMFS-
approved scales or observer sampling stations contact Alan Kinsolving 
(see ADDRESSES) prior to their next required scale or observer sampling 
station inspection to ensure that necessary modifications are made.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
determined that this final rule is necessary for the conservation and 
management of the groundfish fisheries off Alaska.
    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 Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid OMB control 
number.
    This final rule contains collection-of-information requirements 
subject to the PRA that have been approved by OMB. The OMB control 
numbers and estimated response times for these requirements are: the 
submission of

[[Page 33782]]

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.
    Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to NMFS (see ADDRESSES) and to OMB (see ADDRESSES).
    NMFS prepared an FRFA for this final rule that describes the impact 
this action will have on small entities. A copy of this analysis is 
available from NMFS. No comments were received on the initial 
regulatory flexibility analysis prepared for this action. The Summary 
and Conclusions section of the FRFA states:

    This action revises and clarifies 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 will directly affect the 13 freezer longliners currently 
equipped with scales or observer sampling stations that may be small 
entities. 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. This action will impose no new reporting or 
recordkeeping requirements nor will it duplicate, overlap, or 
conflict with existing Federal rules. NMFS estimates that this 
action will cost the owners of directly affected freezer longliners 
less than $8,500 distributed among the 13 vessels and in no case 
cost any one vessel more than $1,700. This represents less than .06 
percent of the average per-vessel gross revenues for the affected 
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. NMFS cannot quantify measures to minimize 
economic impacts on small entities with this type of rulemaking, 
which is being implemented to ensure that the NMFS-certified 
observer on board a vessel is able to collect data in a reliable and 
unbiased manner within a safe working environment. However, the 
preferred alternatives selected were crafted to minimize costs to 
the industry and still achieve safety goals.

    A copy of the RIR/FRFA can be obtained from NMFS (see ADDRESSES).
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: May 19, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

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

    1. The authority citation for 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:


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 authorized scale inspectors 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 operator must test each 
scale or scale system used to weigh total catch one time during each 
24-hour period when use of the scale is required. The vessel owner must 
ensure that these tests are performed in an accurate and timely manner.
* * * * *
    (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 printed reports 
are provided as 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

[[Page 33783]]

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 and the reasons why a location within 5 m of where fish are 
brought on board the vessel is unsafe, and 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 downstream of 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 downstream of 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 where the observer can see the gear as it leaves the 
water and can count and identify fish. It must be within 5 m of where 
fish are brought aboard the vessel and in a location where the observer 
is not in danger of falling overboard or being injured during gear 
retrieval. Where exposed to wind or seas, it must be equipped with a 
railing at least 1.0 m high, grating or other non-slip material, and 
adequate lighting.
    (B) Collection area. A collection area is 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:

[[Page 33784]]

APPENDIX A TO PART 679__PERFORMANCE AND TECHNICAL REQUIREMENTS FOR 
SCALES USED TO WEIGH CATCH AT SEA IN THE GROUNDFISH FISHERIES OFF 
ALASKA

* * * * *

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. 00-13185 Filed 5-24-00; 8:45 am]
BILLING CODE 3510-22-F