[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Proposed Rules]
[Pages 3485-3506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-704]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021213310-2310-01; I.D. 101702B]
RIN 0648-AP92


Individual Fishing Quota (IFQ) Program for Pacific Halibut and 
Sablefish; Revisions to Recordkeeping and Reporting Requirements

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes regulations to implement Amendment 72 to the 
Fishery Management Plan for the Groundfish Fishery of the Bering Sea 
and Aleutian Islands Area (Amendment 72) and Amendment 64 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (Amendment 
64) (collectively, Amendments 72/64). This action would revise certain 
recordkeeping and reporting requirements for the Individual Fishing 
Quota (IFQ) Program for fixed gear Pacific halibut and sablefish 
fisheries and the Western Alaska Community Development Quota (CDQ) 
Program for the Pacific halibut fishery. This action is necessary to 
improve IFQ fishing operations, while complying with IFQ Program 
requirements; to improve NMFS' ability to efficiently administer the 
program; and to improve the clarity and consistency of IFQ Program 
regulations. This action is intended to meet the conservation and 
management requirements of the Northern Pacific Halibut Act of 1982 
(Halibut Act) with respect to halibut and of the Magnuson-Stevens 
Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., 
(Magnuson-Stevens Act) with respect to sablefish and to further the 
goals and objectives of the groundfish Fishery Management Plans (FMPs).

DATES: Comments must be received at the following address no later than 
February 24, 2003.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel-Durall) or 
delivered to the Federal Building, 709 West 9th Street, Room 401, 
Juneau, AK. Comments may be sent via facsimile to 907-586-7465. 
Comments will not be accepted if submitted via e-mail or the Internet. 
Copies of Amendment 72/64 of the FMPs and the Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this 
action may also be obtained from the same address, or by calling the 
Alaska Region, NMFS, at 907-586-7228. Send comments on collection-of-
information requirements to NMFS, Alaska Region, and to the Office of 
Information and Regulatory Affairs (OIRA), Office of Management and 
Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Need for Action

    NMFS manages the groundfish fisheries in the Exclusive Economic 
Zone (EEZ) off Alaska according to fishery management plans prepared by 
the North Pacific Fishery Management Council (Council) under the 
authority of the Magnuson-Stevens Act. The FMPs are implemented by 
regulations at 50 CFR part 679. General regulations that also pertain 
to these fisheries appear in subpart H to 50 CFR part 600.
    Regulations codified at 50 CFR part 679 implement the IFQ Program, 
a limited access system for management of the Pacific halibut 
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear 
fisheries in and off Alaska.

[[Page 3486]]

    The IFQ Program, a limited access management system for the fixed 
gear Pacific halibut and sablefish fisheries off Alaska, was approved 
by NMFS in January 1993 and fully implemented beginning in March 1995. 
The IFQ Program for the sablefish fishery is implemented by the FMPs 
and Federal regulations under 50 CFR part 679 under authority of the 
Magnuson-Stevens Act. The IFQ Program for the halibut fishery is 
implemented by Federal regulations promulgated under the authority of 
the Halibut Act. Further information on the rationale for and 
implementation of the IFQ Program is contained in the preamble to the 
final rule published in the Federal Register, November 9, 1993 (58 FR 
59375). Regulations implementing the IFQ Program have been revised 
numerous times since 1993 to refine program operations.
    This action would amend the regulatory text establishing 
Recordkeeping and Reporting (R&R) requirements for the groundfish 
fishery as well as the IFQ program requirements. Removal of the IFQ 
Shipment Report and of the IFQ Vessel Clearance would affect other IFQ 
procedures and forms--the IFQ Landing Report, IFQ Prior Notice of 
Landing (PNOL), and IFQ Departure Report--as well as definitions, 
groundfish R&R procedures and forms, the Product Transfer Report (PTR) 
and Vessel Activity Report (VAR). Revisions are made to the regulatory 
text to accommodate the procedural changes.
    The need, justification, and economic impacts for the actions in 
this proposed rule, as well as impacts of the alternatives considered, 
were analyzed in the RIR/IRFA prepared for this action (see ADDRESSES).
    The revisions to the regulations at 50 CFR part 679 are presented 
below in the order they appear in the regulations.

Section 679.2 Definitions

    This action would revise the definitions: ``Authorized officer,'' 
``Clearing officer,'' ``IFQ landing,'' and ``IFQ Registered Buyer.'' 
``Authorized officer,'' would be revised to cross-reference the 
definition of ``Authorized officer'' at 50 CFR 600.10.

----------------------------------------------------------------------------------------------------------------
            Location                        Existing text                           Proposed text
----------------------------------------------------------------------------------------------------------------
Definition for ``Authorized       Authorized officer means, for     Means:
 officer''.                        purposes of recordkeeping and    (1) Any commissioned, warrant, or petty
                                   reporting, a NOAA special         officer of the USCG;
                                   agent, a NOAA fishery            (2) Any special agent or fishery enforcement
                                   enforcement officer or USCG       officer of NMFS;
                                   fisheries enforcement personnel. (3) Any officer designated by the head of
                                                                     any Federal or State agency that has
                                                                     entered into an agreement with the
                                                                     Secretary and the Commandant of the USCG to
                                                                     enforce the provisions of the Magnuson-
                                                                     Stevens Act or any other statute
                                                                     administered by NOAA; or
                                                                    (4) Any USCG personnel accompanying and
                                                                     acting under the direction of any person
                                                                     described in paragraph (1) of this
                                                                     definition.
Definition for ``Clearing         Means a NMFS special agent, a     Means a NOAA Fisheries Office for Law
 officer''.                        NMFS fishery enforcement          Enforcement (OLE) special agent, an OLE
                                   officer, or a NMFS enforcement    fishery enforcement officer, or an OLE
                                   aide who performs the function    enforcement enforcement aide.
                                   of clearing vessels at one of
                                   the primary ports listed in
                                   Table 14 to this part.
Definition for ``IFQ landing''..  Means the unloading or            Means the unloading or transferring of any
                                   transferring of any IFQ           IFQ halibut, CDQ halibut, IFQ sablefish, or
                                   halibut, IFQ sablefish, or        products thereof from vessel that harvested
                                   produts thereof from the vessel   such fish or the removal from the water of
                                   that harvested such fish or the   a vessel containing IFQ halibut, CDQ
                                   removal from the water of a       halibut, IFQ sablefish, or products
                                   vessel containing IFQ halbiut,    thereof.
                                   IFQ sablefish, or products
                                   thereof.
Definition for ``IFQ permit       Sec.   679.4(d)(3)(B)...........  Sec.   679.4(d)(1).
 holder''.
Definition for ``IFQ Registered   Sec.   679.4(d)(2)..............  Sec.   679.4(d)(3).
 Buyer''.
Definition for ``Transfer''.....  (2) IFQ/CDQ fisheries. Any        (2) IFQ halibut, CDQ halibut, IFQ sablefish.
                                   loading, offloading, shipment     Any loading, offloading, shipment or
                                   or receipt of any groundfish      receipt of any IFQ halibut, CDQ halibut,
                                   product.                          IFQ sablefish product.
----------------------------------------------------------------------------------------------------------------

Section 679.4(d) IFQ Permits

    In response to the removal of ``Vessel Clearance'' and ``Shipment 
Report'' and to the revision of ``Departure Report,'' this action would 
reorganize the regulatory text in the IFQ permits section. Detailed 
changes to Sec.  679.4(d) are presented below:

----------------------------------------------------------------------------------------------------------------
     Sec.   679.4 paragraph           Redesignated as       No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(d) heading.....................  ......................  ............            X
Introductory (d)(1).............  Introductory (d)......
(d)(1) heading..................  ......................  ............            X
(d)(1)(i).......................  (d)(1)................  ............            X   ............
(d)(4)(i).......................  (d)(1)(i).............
(d)(6)(i).......................  (d)(1)(ii)............  ............            X
(d)(2) heading..................  ......................  ............            X
(d)(4)(ii)......................  (d)(2)(i).............  ............            X
(d)(1)(ii)......................  (d)(2)(ii)............  ............            X
(d)(3)(i)(C)....................  (d)(2)(iii)...........  ............            X
(d)(3) heading..................  ......................  ............            X
(d)(2)..........................  (d)(3)................

[[Page 3487]]

 
(d)(4)(iii).....................  (d)(3)(i).............  ............            X
(d)(3)(i)(B)....................  ......................  ............  ............            X
Introductory (d)(2).............  (d)(3)(ii)............
(d)(2)(i).......................  (d)(3)(ii)(A).........
(d)(2)(ii)......................  (d)(3)(ii)(B).........
(d)(2)(iii).....................  (d)(3)(ii)(C).........  ............            X
(d)(3)(ii)......................  (d)(3)(iii)...........  ............            X
(d)(3)(iv)......................  ......................  ............  ............  ............            X
(d)(4) heading..................  ......................  ............            X
(d)(3)(i)(A)....................  (d)(4)................
(d)(5)..........................  ......................  ............            X   ............
(d)(6)(i).......................  ......................  ............  ............            X
(d)(6)(ii)......................  (d)(6)(i).............  ............            X
(d)(6)(iii).....................  (d)(6)(ii)............  ............            X
(d)(7)..........................  ......................  ............            X
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

----------------------------------------------------------------------------------------------------------------
   Location Sec.   679.4 paragraph                    Existing text                        Proposed text
----------------------------------------------------------------------------------------------------------------
(d) heading..........................  IFQ Permits.                                IFQ permits, IFQ cards, and
                                                                                    IFQ Registered Buyer
                                                                                    permits.
(d)(1) heading.......................  General.                                    IFQ permit.
(d)(1)(i)............................  (d)(4)(i) IFQ permit. An IFQ permit         (d)(1)(i) An IFQ permit
                                        authorizes the person identified on the     authorizes the person
                                        permit to harvest IFQ halibut or IFQ        identified on the permit to
                                        sablefish from a specified IFQ regulatory   harvest IFQ halibut or IFQ
                                        area at any time during an open fishing     sablefish from a specified
                                        season during the fishing year for which    IFQ regulatory area at any
                                        the IFQ permit is issued until the amount   time during an open fishing
                                        harvested is equal to the amount            season during the fishing
                                        specified under the permit, or until it     year for which the IFQ
                                        is revoked, suspended, or modified under    permit is issued until the
                                        15 CFR part 904.                            amount harvested is equal to
                                                                                    the amount specified under
                                                                                    the permit, or until it is
                                                                                    revoked, suspended, or
                                                                                    modified under 15 CFR part
                                                                                    904.
(d)(1)(ii)...........................  (d)(1)(i) A copy of an IFQ permit that      (d)(1)(ii) A legible copy of
                                        specifies the IFQ regulatory area and       any IFQ permit that
                                        vessel category in which IFQ halibut or     specifies the IFQ regulatory
                                        IFQ sablefish may be harvested by the IFQ   area and vessel length
                                        permit holder; and                          overall from which IFQ
                                       (d)(6)(i) IFQ permit. A legible copy of      halibut or IFQ sablefish may
                                        any IFQ permit issued under this section    be harvested by the IFQ
                                        must be carried on board the vessel used    permit holder must be
                                        by the permitted person to harvest IFQ      carried on board the vessel
                                        halibut or IFQ sablefish at all times       used by the permitted person
                                        that such fish are retained on board.       to harvest IFQ halibut or
                                                                                    IFQ sablefish at all times
                                                                                    that such fish are retained
                                                                                    on board.
(d)(2) heading.......................  Registered buyer permit.                    IFQ card.
(d)(2)(i)............................  (d)(4)(ii) IFQ card. An IFQ card            (d)(2)(i) An IFQ card
                                        authorizes the individual identified on     authorizes the individual
                                        the card to land IFQ halibut or IFQ         identified on the card to
                                        sablefish for debit against the specified   land IFQ halibut or IFQ
                                        IFQ permit until the card expires, or is    sablefish for debit against
                                        revoked, suspended, or modified under 15    the specified IFQ permit
                                        CFR part 904, or cancelled on request of    until the card expires, or
                                        the IFQ permit holder.                      is revoked, suspended, or
                                                                                    modified under 15 CFR part
                                                                                    904, or cancelled on request
                                                                                    of the IFQ permit holder.
(d)(2)(ii)...........................  (d)(1)(ii) IFQ card. An original IFQ card   (d)(2)(ii) An original IFQ
                                        issued by the Regional Administrator.       card issued by the Regional
                                       (d)(6)(ii) IFQ card. Except as specified     Administrator must be on
                                        in 679.42(d), an individual that is         board the vessel that
                                        issued an IFQ card must remain aboard the   harvests IFQ halibut or IFQ
                                        vessel used to harvests IFQ halibut or      sablefish at all times that
                                        IFQ sablefish with that card during all     such fish are retained on
                                        fishing operations until arrival at the     board. Except as specified
                                        point of landing and during all IFQ         in 679.42(d), an individual
                                        landings.                                   that is issued an IFQ card
                                                                                    must remain aboard the
                                                                                    vessel used to harvest IFQ
                                                                                    halibut or IFQ sablefish
                                                                                    with that card during the
                                                                                    IFQ fishing trip and at the
                                                                                    landing site during all IFQ
                                                                                    landings.
(d)(2)(iii)..........................  (d)(3)(i)(C) IFQ card. Each IFQ card        (d)(2)(iii) Each IFQ card
                                        issued by the Regional Administrator will   issued by the Regional
                                        display an IFQ permit number and the        Administrator will display
                                        individual authorized by the IFQ permit     an IFQ permit number, the
                                        holder to land IFQ halibut or IFQ           name of the individual
                                        sablefish for debit against the permit      authorized by the IFQ permit
                                        holder's IFQ.                               holder to land IFQ halibut
                                                                                    or IFQ sablefish for debit
                                                                                    against the permit holder's
                                                                                    IFQ. In addition, IFQ cards
                                                                                    issued to hired masters
                                                                                    representing permit holders
                                                                                    per 679.42(i) and (j) will
                                                                                    also display the ADF&G
                                                                                    vessel identification number
                                                                                    of the authorized vessel.
(d)(3) heading.......................  How do I obtain an IFQ permit, IFQ card,    Registered Buyer permit.
                                        or Registered Buyer Permit?
(d)(3)(ii)(C)........................  (d)(2)(iii) A vessel operator who obtains   (d)(3)(ii)(C) A vessel
                                        a vessel clearance or submits a departure   operator who submits a
                                        report (see 679.5(1)(5)(iv).                Departure Report (see
                                                                                    679.5(l)(4)).
(d)(3)(iii)..........................  (d)(3)(ii) Registered Buyer permits.        (d)(3)(iii) A Registered
                                        Registered buyer permits will be renewed    Buyer permit is issued on a
                                        or issued annually by the Regional          3-year cycle by the Regional
                                        Administrator to persons that have a        Administrator to persons
                                        registered buyer application approved by    that have a Registered Buyer
                                        the Regional Administrator.                 application approved by the
                                                                                    Regional Administrator.

[[Page 3488]]

 
(d)(4) heading.......................  Duration.                                   Issuance.
(d)(5)...............................  The IFQ permits issued under this section   The quota shares and IFQ
                                        are not transferable, except as provided    issued under this section
                                        under 679.41. IFQ cards and Registered      are not transferable, except
                                        Buyer permits issued under this paragraph   as provided under 679.41.
                                        (d) are not transferable.                   IFQ cards and Registered
                                                                                    Buyer permits issued under
                                                                                    this paragraph (d) are not
                                                                                    transferable.
(d)(6)(i)............................  (d)(6)(ii) IFQ card. Except as specified    (d)(6)(i) IFQ permit and
                                        in Sec.   679.42(d), an individual who is   card. The IFQ cardholder
                                        issued an IFQ card must remain aboard the   must present a copy of the
                                        vessel used to harvest IFQ halibut or IFQ   IFQ permit and the original
                                        sablefish with that card during all         IFQ card for inspection on
                                        fishing operations until arrival at the     request of any authorized
                                        point of landing and during all IFQ         officer or Registered Buyer
                                        landings. The IFQ cardholder must present   receiving IFQ species.
                                        a copy of the IFQ permit and the original   Nothing in this paragraph
                                        IFQ card for inspection on request of any   would prevent an individual
                                        authorized officer, clearing officer, or    who is issued an IFQ card
                                        registered buyer purchasing IFQ species.    from being absent from the
                                        Nothing in this paragraph would prevent     vessel used to harvest IFQ
                                        an individual who is issued an IFQ card     halibut or IFQ sablefish
                                        from being absent from the vessel used to   from the time the vessel
                                        harvest IFQ halibut or IFQ sablefish        arrives at the point of
                                        between the time the vessel arrives at      landing and the commencement
                                        the point of landing until the              of landing.
                                        commencement of landing.
(d)(6)(ii)...........................  (d)(6)(iii) Registered buyer permit. A      (d)(6)(ii) Registered
                                        legible copy of the Registered Buyer        Registered buyer permit. A
                                        permit must be present at the location of   legible copy of the
                                        an IFQ landing and must be made available   Registered Buyer permit must
                                        for inspection on request of any            be present at the location
                                        authorized officer or clearing officer.     of an IFQ landing and must
                                                                                    be made available by the
                                                                                    Registered Buyer's
                                                                                    representative for
                                                                                    inspection on request of any
                                                                                    authorized officer.
(d)(7)...............................  Sec.   679.5(e)(7)(ii).                     Sec.   679.5(l)(7)(ii).
----------------------------------------------------------------------------------------------------------------

Section 679.5(a)(15) IFQ/groundfish Transfer Document Comparison

    In response to the removal of the IFQ Vessel Clearance and the IFQ 
Shipment Report, the regulatory text in Sec.  679.5(a)(15), the revised 
procedures for the Product Transfer Report, and the in-text table that 
compares the transfer documents are reorganized and revised.
    The introductory paragraph (a)(15) of this section would be revised 
to include an explanation of the ``X'' symbols in the body of the 
table.
    The in-text table would be restructured to provide for the removal 
of the IFQ Vessel Clearance and the IFQ Shipment Report. The columns 
across the top of the table are revised by removing the columns 
entitled: ``IFQ Vessel Clearance'' and ``IFQ Shipment Report,'' and 
adding columns entitled: ``IFQ Landing Report Receipt.'' Cross-
referencing paragraph numbers previously located within table columns 
are relocated to rows in the table for easier reading. New headings are 
added to indicate activity, e.g., submitting a report to NMFS, issuing 
a receipt to the public, and possessing a receipt. A new column heading 
``SUBMITTAL'' would be added to group together those forms that require 
submittal to NMFS over the subheadings ``VAR,'' ``PTR,'' ``IFQ Trans-
shipment Authorization,'' and ``IFQ Departure Report.'' Another new 
column heading ``ISSUE'' would be placed over the subheading ``IFQ 
Dockside Sales Receipt.'' A third heading ``POSSESS'' would be placed 
over the subheading ``IFQ Landing Report Receipt.'' The rows of the 
table are revised as follows:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(a)(15) heading................  .......................  ............            X   ............  ............
(a)(15)(i).....................  .......................  ............            X   ............  ............
(a)(15)(iii)...................  (a)(15)(ii)............  ............            X   ............  ............
(a)(15)(iv)....................  (a)(15)(iii)...........  ............            X   ............  ............
(a)(15)(v).....................  (a)(15)(iv)............  ............            X   ............  ............
(a)(15)(vi)....................  (a)(15)(v).............  ............            X   ............  ............
(a)(15)(vii)...................  (a)(15)(vi)............  ............            X   ............  ............
(a)(15)(vii)...................  .......................  ............  ............  ............            X
(a)(15)(viii)..................  .......................  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

Section 679.5(g) Product Transfer Report (PTR)

    Currently, the groundfish PTR is used to document movement of 
groundfish product from a shoreside facility or from a processor 
vessel, while the IFQ Shipment Report is used to document IFQ fish 
transfer from an IFQ Registered Buyer. This action would combine the 
groundfish PTR and the IFQ Shipment Report into one form, a revised 
PTR, that would be used to document transfer of non-IFQ groundfish, 
donated prohibited species, all halibut and all sablefish. Although a 
copy of the Shipment Report currently is required to accompany the IFQ 
shipment, the proposed action would remove this requirement when using 
a PTR.
    The detailed changes to the regulations describing the PTR are 
presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(g) heading....................  .......................  ............            X   ............  ............
(g)(2)(iii)....................  (g)(1).................  ............            X   ............  ............

[[Page 3489]]

 
(g)(1)(i), (ii), (iii), and      .......................  ............            X   ............  ............
 (iv).
(g)(1)(v) heading..............  .......................  ............  ............  ............            X
(g)(1)(v)(A)...................  .......................  ............  ............  ............            X
(l)(3)(iv).....................  (g)(1)(v)(B)...........  ............            X   ............  ............
(l)(3)(i)(D)...................  (g)(1)(vi).............  ............            X   ............  ............
Introductory (g)(2)............  .......................  ............            X   ............  ............
(g)(2), (g)(2)(i), (ii), (iii).  .......................  ............            X   ............  ............
Introductory (g)(3)............  .......................  ............  ............            X   ............
(g)(3)(i)......................  .......................            X   ............  ............  ............
(g)(3)(ii).....................  .......................  ............            X   ............  ............
(g)(3)(iii), (iv)..............  .......................  ............  ............            X   ............
(g)(4) heading.................  .......................  ............            X   ............  ............
(g)(4)(i)(A), (B)..............  .......................  ............  ............            X   ............
(g)(4)(ii)(A)..................  Introductory (g)(4)....  ............            X   ............  ............
(g)(5), (g)(6).................  (g)(6), (g)(7).........  ............  ............  ............  ............
Introductory (g)(5)............  Introductory (g)(6)....  ............            X   ............  ............
(g)(5)(i)......................  (g)(6)(i)..............  ............            X   ............  ............
(g)(5)(v)......................  (g)(6)(ii).............  ............            X   ............  ............
(g)(5)(ii).....................  (g)(6)(iii)............  ............            X   ............  ............
(g)(5)(iii)....................  (g)(6)(iv).............  ............            X   ............  ............
(g)(5)(iv).....................  (g)(6)(v)..............  ............            X   ............  ............
(g)(6)(i)......................  (g)(7)(i)..............  ............            X   ............  ............
(g)(6)(ii).....................  (g)(7)(ii).............  ............            X   ............  ............
New (g)(5) heading.............  .......................  ............  ............  ............            X
(g)(4)(ii)(B)..................  .......................  ............  ............            X   ............
(g)(4)(ii)(C)..................  New introductory (g)(5)  ............            X   ............  ............
New (g)(5)(i), (ii), (iii),      .......................  ............  ............  ............            X
 (iv).
----------------------------------------------------------------------------------------------------------------

    The in-text table (new paragraph (g)(5)(iv)) of this section would 
be revised by separating the information into more distinct categories 
by dividing the columns to read ``Receiver,'' ``Date & time of product 
transfer,'' ``Location of product transfer,'' and ``Mode of 
transportation and intended route.'' Existing information would be 
reformatted to fit within these columns.

Section 679.5(k) Vessel Activity Report (VAR)

    The VAR documents whether a vessel has onboard any fish or fish 
products, regardless of species. The VAR is submitted to NMFS before 
the vessel crosses the seaward boundary of the EEZ off Alaska or 
crosses the U.S.-Canada international boundary between Alaska and 
British Columbia. This action would revise the procedure for 
interaction of the VAR with IFQ reports due to the removal of the IFQ 
Vessel Clearance and the IFQ Shipment Report.
    Detailed changes in Sec.  679.5(k)(1) are presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
Introductory (k)(1)............  (k)(1)(i)..............  ............            X   ............  ............
(k)(1)(i)......................  (k)(1)(ii).............  ............            X   ............  ............
(k)(1)(ii).....................  (k)(1)(iii)............  ............            X   ............  ............
(k)(1)(iv).....................  .......................  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

------------------------------------------------------------------------
  Location Sec.   679.5,
         paragraph               Current text          Proposed text
------------------------------------------------------------------------
(k)(1)(i).................  Introductory (k)(1)    (k)(1)(i) Fish or
                             Except as noted in     fish product
                             paragraphs             onboard. Except as
                             (k)(1)(iii) and (iv)   noted in paragraph
                             of this section, the   (k)(1)(iv) of this
                             operator of a          section, the
                             catcher vessel         operator of a
                             greater than 60 ft     catcher vessel
                             (18.3 m) LOA, a        greater than 60 ft
                             catcher/processor,     (18.3 m) LOA, a
                             or a mothership        catcher/processor,
                             holding a Federal      or a mothership
                             fisheries permit       required to hold a
                             issued under this      Federal fisheries
                             part and carrying      permit issued under
                             fish or fish product   this part and
                             onboard must           carrying fish or
                             complete and submit    fish product onboard
                             a VAR by FAX or        must complete and
                             electronic file to     submit a VAR by FAX
                             OLE, Juneau, AK        or electronic file
                             before the vessel      to OLE, Juneau, AK
                             crosses the seaward    (907-586-7313)
                             boundary of the EEZ    before the vessel
                             off Alaska or          crosses the seaward
                             crosses the U.S.-      boundary of the EEZ
                             Canadian               off Alaska or
                             international          crosses the U.S.-
                             boundary between       Canadian
                             Alaska and British     international
                             Columbia.              boundary between
                                                    Alaska and British
                                                    Columbia.
(k)(1)(ii)................  (k)(1)(i) Both         (k)(1)(ii)
                             groundfish and IFQ     Combination of non-
                             fish. If a vessel is   IFQ groundfish, IFQ
                             carrying both          halibut, CDQ
                             groundfish and IFQ     halibut, and IFQ
                             halibut or IFQ         sablefish. If a
                             sablefish, the         vessel is carrying
                             operator must submit   non-IFQ groundfish
                             a VAR in addition to   and IFQ halibut, CDQ
                             a Vessel Departure     halibut or IFQ
                             Report (VDR) or a      sablefish, the
                             Vessel Clearance       operator must submit
                             (VC).                  a VAR in addition to
                                                    an IFQ Departure
                                                    Report per paragraph
                                                    (1)(4) of this
                                                    section.
(k)(1)(iii)...............  (k)(1)(ii) Revised     (k)(1)(iii) Revised
                             VAR. If groundfish     VAR. If fish or fish
                             are landed at a port   products are landed
                             other than the one     at a port other than
                             specified, submit a    the one specified on
                             revised VAR showing    the VAR, the vessel
                             the actual port of     operator must submit
                             landing.               a revised VAR
                                                    showing the actual
                                                    port of landing
                                                    before any fish are
                                                    offloaded.

[[Page 3490]]

 
(k)(1)(iv)................  Exemption: IFQ         Exemption: IFQ
                             departure report. If   departure report. If
                             a vessel is carrying   a vessel is carrying
                             only IFQ halibut or    only IFQ halibut or
                             IFQ sablefish          IFQ sablefish
                             onboard and the        onboard and the
                             operator has           operator has
                             submitted a            submitted an IFQ
                             Departure Report per   Departure Report per
                             paragraph              paragraph (1)(4) of
                             (1)(5)(iii)(B) of      this section, a VAR
                             this section, a VAR    is not required.
                             is not required.
------------------------------------------------------------------------

Section 679.5(l)(1) IFQ Prior Notice of Landing (PNOL)

    The intent of the PNOL is to provide International Pacific Halibut 
Commission (IPHC) monitoring personnel and OLE personnel advance notice 
of vessel IFQ landings. Under current regulations, the operator of any 
vessel intending to make a landing of IFQ halibut, CDQ halibut, or IFQ 
sablefish must submit a PNOL to OLE 6 hours before making the landing.
    This action would revise the PNOL procedure by changing the prior 
notification from 6 hours to 3 hours. This change would provide 
adequate monitoring and enforcement opportunities. The 3-hour time 
limit would result in improved economic efficiency in the fishery, 
allowing an overall exvessel price for IFQ fish to improve for a vessel 
operator due to additional time to seek out more competitive marketing 
opportunities. IFQ card holders and Registered Buyers would have more 
flexibility during their business negotiations. In general, this action 
would relieve burdens on small entities, which include Registered 
Buyers. It may contribute to increased competition in the delivery 
market for IFQ halibut and sablefish. It could benefit consumers and 
even cause Registered Buyers to expand into more markets (i.e., fresh 
fish). The estimated number of directly regulated small entities would 
include approximately 3,485 holders of halibut QS, 872 holders of 
sablefish QS, approximately 290 hired masters, and all six of the CDQ 
groups hold CDQ halibut.
    In addition, vessels would be required to report ``location of 
landings'' rather than ``Registered Buyer.'' This change would provide 
IPHC and OLE personnel with the exact location of the landing, which is 
needed to plan monitoring activities, while not requiring a vessel to 
commit to a specific processor.
    Detailed changes to the PNOL regulatory text are presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(l) heading....................  .......................  ............            X   ............  ............
Introductory (l)...............  .......................  ............            X   ............  ............
(l)(1) heading.................  .......................  ............            X   ............  ............
(l)(1)(i) heading..............  .......................  ............            X   ............  ............
(l)(1)(i)......................  (l)(1)(i)(A)...........  ............            X   ............  ............
(l)(1)(ii).....................  (l)(1)(i)(B)...........  ............            X   ............  ............
(l)(1)(v)......................  (l)(1)(ii).............  ............            X   ............  ............
Introductory (l)(1)(iii).......  .......................  ............            X   ............  ............
(l)(1)(iii)(A).................  .......................            X   ............  ............  ............
(l)(1)(iii)(B), (C)............  .......................  ............            X   ............  ............
(l)(1)(iii)(D).................  .......................            X   ............  ............  ............
(l)(1)(iii)(E).................  .......................  ............  ............            X   ............
(l)(1)(iii)(F) thru (H)........  (l)(1)(iii)(E) thru (G)  ............  ............  ............  ............
(l)(1)(iii)(H).................  .......................  ............  ............            X   ............
(l)(1)(iv).....................  .......................  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

----------------------------------------------------------------------------------------------------------------
   Location Sec.   679.5, paragraph                   Current text                         Proposed text
----------------------------------------------------------------------------------------------------------------
(l) heading..........................  IFQ and CDQ halibut recordkeeping and       IFQ Program recordkeeping and
                                        reporting.                                  reporting.
Introductory (l).....................  In addition to the recordkeeping and        In addition to the
                                        reporting requirements in this section      recordkeeping and reporting
                                        and as prescribed in the annual             requirements in this section
                                        management measures published in the        and as prescribed in the
                                        Federal Register pursuant to Sec.           annual management measures
                                        300.62 of this title, the following IFQ     published in the Federal
                                        reports are required, when applicable:      Register pursuant to Sec.
                                        prior notices of landing, landing report,   300.62 of this title, the
                                        shipment report, transshipment              following reports and
                                        authorization, vessel clearance, and IFQ    authorizations are required,
                                        departure report.                           when applicable: IFQ Prior
                                                                                    Notice of Landing, Product
                                                                                    Transfer Report (see
                                                                                    679.5(g)), IFQ Landing
                                                                                    Report, IFQ Transshipment
                                                                                    Authorization, and IFQ
                                                                                    Departure Report.
(l)(1) heading.......................  Prior notice of IFQ landing.                IFQ Prior Notice of Landing
                                                                                    (PNOL).
(l)(1)(i) heading....................  Applicability.                              Time limits and submittals.
(l)(1)(i)(A).........................  (l)(1)(i) Except as provided in paragraph   (l)(1)(i)(A) Except as
                                        (l)(1)(iv) of this section, the operator    provided in paragraph
                                        of any vessel making an IFQ landing must    (l)(1)(iv) of this section,
                                        notify OLE, Juneau, AK no fewer than 6      the operator of any vessel
                                        hours before landing IFQ halibut or IFQ     making an IFQ landing must
                                        sablefish, unless permission to commence    notify OLE, Juneau, AK no
                                        an IFQ landing within 6 hours of            fewer than 3 hours before
                                        notification is granted by a clearing       landing IFQ halibut or IFQ
                                        officer.                                    sablefish, unless permission
                                                                                    to commence an IFQ landing
                                                                                    within 3 hours of
                                                                                    notification is granted by a
                                                                                    clearing officer.
(l)(1)(i)(B).........................  (l)(1)(ii) Time limits. A prior notice of   (l)(1)(i)(B) A PNOL must be
                                        landing must be made to the toll-free       made to the toll-free
                                        telephone number 800-304-4846 or to 907-    telephone number 800-304-
                                        586-7202 between the hours of 0600 hours,   4846 or to 907-586-7163
                                        A.l.t., and 2400 hours, A.l.t.              between hours of 0600 hours,
                                                                                    A.l.t., and the 2400 hours,
                                                                                    A.l.t.

[[Page 3491]]

 
(l)(1)(ii)...........................  (l)(1)(iii) Information required. A prior   (l)(1)(ii) Information
                                        notice of landing must include the          required. A PNOL must
                                        following:                                  include the following:
(l)(1)(iii)(B).......................  Name and permit number of the Registered    Port of landing and port code
                                        Buyer who will be responsible for           from Table 14 to this part;
                                        completion and submittal of the IFQ
                                        Landing Report(s);
(l)(1)(iii)(C).......................  The location of the landing (port name or   Exact location of landing
                                        code).                                      within the port, i.e., dock
                                                                                    name, harbor name, facility
                                                                                    name, or geographical
                                                                                    coordinates (latitude and
                                                                                    longitude of position in
                                                                                    degrees and minutes).
(l)(1)(iv)...........................  (iv) Exemption. An IFQ landing of halibut   (iv) Exemption. An IFQ
                                        of 500 lb (0.23 mt) or less of IFQ weight   landing of halibut of 500 lb
                                        determined pursuant to Sec.                 or less of IFQ weight
                                        679.42(c)(2) and concurrent with a legal    determined pursuant to Sec.
                                        landing of salmon or a legal landing of      679.42(c)(2) and concurrent
                                        lingcod harvested using dinglebar gear is   with a legal landing of
                                        exempt from the PNOL required by this       salmon or a legal landing of
                                        section.                                    lingcod harvested using
                                                                                    dinglebar gear is exempt
                                                                                    from the PNOL required by
                                                                                    this section.
----------------------------------------------------------------------------------------------------------------

Section 679.5(l)(2) IFQ Landing Report

    Reporting of IFQ harvests is accomplished through electronic 
submittal of an IFQ Landing Report, which may be submitted by an IFQ 
cardholder at an automated transaction terminal, through the Internet, 
and with approval by FAX. A Registered Buyer submits the Landing Report 
within 6 hours after all fish are landed and prior to shipment or 
departure of the delivery vessel from the landing site. This action 
would revise the regulatory text and the procedure for submittal of the 
IFQ Landing Report for clarity and simplicity. Similar topics are 
combined under one heading. In some cases, long paragraphs are divided 
into two paragraphs. Cross references are added to ensure ease of 
reading. Some telephone numbers are revised. Detailed changes to the 
regulatory text describing the IFQ Landing Report are presented below:

----------------------------------------------------------------------------------------------------------------
     Sec.   679.5, paragraph          Redesignated as       No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
Heading for (l)(2)..............  ......................  ............            X   ............  ............
Heading for (l)(2)(i)...........  ......................  ............            X   ............  ............
(l)(2)(i)(B)....................  (l)(2)(i)(A)..........  ............            X   ............  ............
New (l)(2)(i)(B)................  ......................  ............  ............  ............            X
New (l)(2)(i)(C)................  ......................  ............  ............  ............            X
New (l)(2)(i)(D)................  ......................  ............  ............  ............            X
New (l)(2)(i)(E)................  ......................  ............  ............  ............            X
Heading for (l)(2)(iv)..........  heading for (l)(2)(ii)  ............            X   ............  ............
(l)(2)(iv)(A)...................  (l)(2)(ii)(A).........  ............            X   ............  ............
(l)(2)(iv)(B)...................  ......................  ............  ............            X   ............
(l)(2)(i)(A)....................  (l)(2)(ii)(B).........  ............  ............            X   ............
(l)(2)(vi)(N)...................  ......................  ............  ............            X   ............
(l)(2)(vi)......................  (l)(2)(iii)...........  ............  ............  ............  ............
Newly redesignated                ......................  ............            X   ............  ............
 (l)(2)(iii)(B).
Newly redesignated                ......................  ............            X   ............  ............
 (l)(2)(iii)(J).
Newly redesignated                ......................  ............            X   ............  ............
 (l)(2)(iii)(K).
Newly redesignated                ......................  ............            X   ............  ............
 (l)(2)(iii)(M).
New (l)(2)(iv) and (iv)(A)......  ......................  ............  ............  ............            X
(l)(2)(ii)(A) except last         (l)(2)(iv)(A).........  ............            X   ............  ............
 sentence; last sentence of
 (l)(2)(ii)(A); (l)(2)(ii)(B).
(l)(2)(ii)(D)...................  (l)(2)(iv)(B).........  ............  ............  ............  ............
(l)(2)(iv)(B) heading...........  ......................  ............  ............  ............            X
(l)(2)(vii); (l)(2)(ii)(E);       (l)(2)(iv)(C).........  ............            X   ............  ............
 (l)(2)(iii)(A); (l)(2)(vii).
(l)(2)(iv)(D) heading...........  ......................  ............  ............  ............            X
Third sentence of (l)(2)(ii)(C).  (l)(2)(iv)(D).........  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

----------------------------------------------------------------------------------------------------------------
   Location Sec.   679.5, paragraph                   Current text                         Proposed text
----------------------------------------------------------------------------------------------------------------
(l)(2) heading.......................  Landing report                              IFQ landing report
(l)(2)(i) heading....................  Applicability                               Requirements
(l)(2)(i)(A).........................  (l)(2)(i)(B) All IFQ catch retained         (l)(2)(i)(A) All IFQ catch
                                        onboard a vessel at commencement of a       debited. All IFQ halibut,
                                        landing must be weighed and debited from    CDQ halibut, and IFQ
                                        the IFQ permit holder's account under       sablefish catch must be
                                        which the catch was harvested.              weighed and debited from the
                                                                                    IFQ permit holder's account
                                                                                    under which the catch was
                                                                                    harvested.
(l)(2)(i)(D).........................  (l)(2)(ii)(C) Once landing operations have  (l)(2)(i)(D) Remain at
                                        commenced, the IFQ cardholder and the       landing site. Once landing
                                        harvesting vessel may not leave the         operations have commenced,
                                        landing site until the IFQ account is       the IFQ cardholder and the
                                        properly debited. . . .                     harvesting vessel may not
                                                                                    leave the landing site until
                                                                                    the IFQ account is properly
                                                                                    debited (as defined in
                                                                                    paragraph (l)(2)(iv)(D)).

[[Page 3492]]

 
(l)(2)(i)(E).........................  (l)(2)(ii)(C) . . . The offloaded IFQ       (l)(2)(i)(E) No movement of
                                        species may not be moved from the landing   IFQ species. The offloaded
                                        site until the IFQ landing report is        IFQ species may not be
                                        received by OLE, Juneau, AK and the IFQ     properly moved from the
                                        cardholder's account is debited. . . .      landing site until the IFQ
                                                                                    Landing Report is received
                                                                                    by OLE, Juneau, AK and the
                                                                                    IFQ cardholder's account is
                                                                                    properly debited (as defined
                                                                                    in paragraph (l)(2)(iv)(D)).
(l)(2)(ii) heading...................  (l)(2)(iv) Time limits and submittals       (l)(2)(ii) Time limits
(l)(2)(ii)(A)........................  (l)(2)(iv)(A) An IFQ landing may commence   (l)(2)(ii)(A) A landing of
                                        only between 0600 hours, A.l.t., and 1800   IFQ halibut, CDQ halibut, or
                                        hours, A.l.t., unless permission to land    IFQ sablefish may commence
                                        at a different time (waiver) is granted     only between 0600 hours,
                                        in advance by a clearing officer.           A.l.t., and 1800 hours,
                                                                                    A.l.t., unless permission to
                                                                                    land at a different time
                                                                                    (waiver) is granted in
                                                                                    advance by a clearing
                                                                                    officer.
(l)(2)(ii)(B)........................  (l)(2)(i)(A) A Registered Buyer must        (l)(2)(ii)(B) A Registered
                                        report an IFQ landing within 6 hours        Buyer must submit a
                                        after all such fish are landed and prior    completed IFQ Landing Report
                                        to shipment of said fish or departure of    within 6 hours after all
                                        the delivery vessel from the landing        such fish are landed and
                                        site.                                       prior to shipment or
                                                                                    transfer of said fish from
                                                                                    the landing site.
(l)(2)(iii)(B).......................  (l)(2)(vi)(B) Location of the IFQ landing   (l)(2)(iii)(B) Location of
                                        (port code or if at sea, lat. and long.)    the IFQ landing (port code
                                                                                    or if at sea, latitude and
                                                                                    longitude of position in
                                                                                    degrees and minutes).
(l)(2)(iii)(J).......................  (l)(2)(vi)(J)(1) Except as indicated in     (l)(2)(iii)(J) For each ADF&G
                                        paragraph (l)(2)(vi)(J)(2) of this          statistical area of harvest,
                                        section, for each ADF&G statistical area    the species codes, product
                                        of harvest, the species codes, product      codes, and initial accurate
                                        codes, and initial accurate scale weight    scale weight (in pounds or
                                        (in pounds or to the nearest thousandth     to the nearest thousandth of
                                        of a metric ton) made at the time of        a metric ton) made at the
                                        offloading for IFQ species sold and         time of offloading for IFQ
                                        retained.                                   species sold and retained.
                                       (l)(2)(vi)(J)(2) If the vessel operator is   Exception: if the vessel
                                        a Registered Buyer reporting the IFQ        operator is the Registered
                                        landing, the accurate weight of IFQ         Buyer reporting the IFQ
                                        sablefish processed product obtained        landing, the accurate weight
                                        before the offload may be substituted for   of IFQ sablefish processed
                                        the initial accurate scale weight at time   product obtained before the
                                        of offload.                                 offload may be substituted
                                                                                    for the initial accurate
                                                                                    scale weight at time of
                                                                                    offload.
(l)(2)(iii)(K).......................  (l)(2)(vi)(K) Whether ice and slime is      (l)(2)(iii)(K) Whether ice
                                        present on the fish as offloaded from the   and slime are present on the
                                        vessel (YES or NO). Fish which have been    fish as offloaded from the
                                        washed prior to weighing or which have      vessel. Fish which have been
                                        been offloaded from refrigerated salt       washed prior to weighing or
                                        water are not eligible for a 2 percent      which have been offloaded
                                        deduction for ice and slime and must        from refrigerated salt water
                                        indicate NO SLIME & ICE.                    are not eligible for a 2
                                                                                    percent deduction for ice
                                                                                    and slime and must indicate
                                                                                    NO SLIME & ICE.
(l)(2)(iii)(M).......................  (l)(2)(ii)(C) . . . After the Registered    (l)(2)(iii)(M) After the
                                        Buyer enters the landing data in the        Registered Buyer enters the
                                        transaction terminal or the Internet        landing data in the
                                        submission form(s) and a receipt is         transaction terminal or the
                                        printed, the IFQ cardholder must sign the   Internet submission form(s)
                                        receipt to acknowledge the accuracy of      or submits a manual landing
                                        the landing report. . . .                   report by FAX, and a receipt
                                       (l)(2)(iii)(B) The manual landing report     is printed, the Registered
                                        must be signed by the Registered Buyer or   Buyer or his/her
                                        his/her representative, and the IFQ         representative, and the IFQ
                                        cardholder to acknowledge the accuracy of   cardholder must sign the
                                        the landing report, and by the OLE          receipt(s) to acknowledge
                                        representative to show that the IFQ         the accuracy of the Landing
                                        cardholder's account was debited            Report.
                                        consistent with the landing report.
                                       (l)(2)(vi)(M) Signature of Registered
                                        Buyer representative.
                                       (l)(2)(vi)(N) Signature of IFQ/CDQ
                                        cardholder.
(l)(2)(iv)(A)........................  (l)(2)(ii)(A) Electronic landing report.    (l)(2)(iv)(A) Except as
                                        (A) Except as indicated in paragraphs       indicated in paragraphs
                                        (l)(2)(ii)(D) and (E) of this section,      (l)(2)(iv)(B) and (C) of
                                        electronic landing reports must be          this section, electronic
                                        submitted to OLE, Juneau, AK using          landing reports must be
                                        magnetic strip cards issued by NMFS,        submitted to OLE, Juneau, AK
                                        Alaska Region, and transaction terminals    using magnetic strip cards
                                        with printers driven by custom-designed     issued by NMFS, Alaska
                                        software as provided and/or specified by    Region, and transaction
                                        NMFS, Alaska Region. It is the              terminals with printers
                                        responsibility of the Registered Buyer to   driven by custom-designed
                                        locate or procure a transaction terminal    software as provided and/or
                                        and report as required.                     specified by NMFS, Alaska
                                                                                    Region. The Registered Buyer
                                                                                    must locate or procure a
                                                                                    transaction terminal and
                                                                                    report as required.
(l)(2)(iv)(C)........................  (l)(2)(ii)(E) Waivers from the electronic   (l)(2)(iv)(C) Waivers from
                                        reporting requirement can only be granted   the transaction terminal or
                                        in writing on a case-by-case basis by a     Internet reporting
                                        local clearing officer (l)(2)(iii)(A) If    requirement can only be
                                        a waiver has been granted pursuant to       granted in writing on a case-
                                        paragraph (l)(2)(ii) of this section,       by-case basis by a local
                                        manual landing instructions must be         clearing officer. If a
                                        obtained from OLE, Juneau, AK at (800)      waiver is granted, manual
                                        304-4846. Completed manual landing          landing instructions must be
                                        reports must be submitted by FAX to OLE,    obtained from OLE, Juneau,
                                        Juneau, AK at (907) 586-7313.               AK at (800) 304-4846.
                                       (l)(2)(vii) Manual landing report. When a    Registered Buyers must
                                        waiver is issued pursuant to paragraph      complete and submit manual
                                        (l)(2)(ii)(A) of this section, additional   Landing Reports by FAX to
                                        information is required. In addition to     OLE, Juneau, AK at (907)586-
                                        the information required in paragraph       7313. When a waiver is
                                        (l)(2)(vi) of this section, the following   issued, the following
                                        information is required to complete a       additional information is
                                        landing report using a manual landing       required: whether the manual
                                        report:                                     landing report is an
                                                                                    original or revised; name,
                                                                                    telephone number, and FAX
                                                                                    number of individual
                                                                                    submitting the manual
                                                                                    landing report.

[[Page 3493]]

 
(l)(2)(iv)(D)........................  (l)(2)(ii)(C) . . . A properly concluded    (l)(2)(iv)(D) Properly
                                        transaction terminal receipt, printed       debited landing. A properly
                                        Internet submission receipt, or manual      concluded transaction
                                        landing report receipt received by FAX      terminal receipt, printed
                                        from OLE, Juneau, AK constitutes            Internet submission receipt,
                                        confirmation. . . .                         or manual Landing Report
                                                                                    receipt received by FAX from
                                                                                    OLE, Juneau, AK, and signed
                                                                                    by the OLE representative
                                                                                    constitutes confirmation.
----------------------------------------------------------------------------------------------------------------

Section 679.5(l)(3)

    IFQ Shipment Report. This action would remove the requirement for 
submittal of an IFQ Shipment Report. Currently, an IFQ Shipment Report 
is used by OLE to monitor and inspect shipments of IFQ halibut, CDQ 
halibut, and IFQ sablefish to verify proper accounting for fish 
landings. The Shipment Report documents the first receiver of the IFQ 
halibut, CDQ halibut or IFQ sablefish. Each Registered Buyer, other 
than those conducting dockside sales, must complete and submit a 
written Shipment Report or a bill of lading containing the same 
information as a Shipment Report for each shipment or transfer of CDQ 
halibut, IFQ halibut and IFQ sablefish.
    Currently, a groundfish PTR is used by OLE to monitor and inspect 
shipments of groundfish to verify proper accounting for all non-IFQ 
groundfish landings by documenting the first receiver of the 
groundfish. Each mothership, catcher/ processor, shoreside processor, 
or stationary floating processor must complete a written PTR for each 
shipment or transfer of groundfish.
    This action would combine these two forms into one. Under this 
action, Registered Buyers would submit a PTR for transfer or shipments 
of all halibut and all sablefish. Groundfish processors would submit a 
PTR for transfer or shipments of non-IFQ groundfish. If a participant 
is both a groundfish processor and a Registered Buyer, he or she would 
submit a PTR for transfer or shipments of non-IFQ groundfish, all 
halibut and all sablefish. This proposed change would maintain existing 
data-collection, monitoring, and enforcement capabilities, while 
reducing the paperwork submittal and storage by the fishing industry.
    The specific proposed change to the IFQ Shipment Report regulatory 
text is presented below: all of Sec.  679.5(l)(3) would be removed, 
except that some paragraphs are indicated elsewhere as redesignated for 
inclusion in other sections.
    IFQ Dockside Sales Receipt. Regulations pertaining to the IFQ 
dockside sales receipt would be moved from Sec.  679.5(l)(3)(iv) and 
placed at Sec.  679.5(l)(5). Regulatory text would be revised by 
removing ``shipment report'' and adding in its place ``PTR''. The 
Registered Buyer must issue a dockside sales receipt in lieu of a PTR. 
No changes in the procedure of issuing a dockside sales receipt would 
occur as a result of this rule. A person holding a valid IFQ permit, 
CDQ halibut permit, IFQ card, and Registered Buyer permit may conduct a 
dockside sale of IFQ halibut or IFQ sablefish to a person who has not 
been issued a Registered Buyer permit. The purpose of reporting the 
amount of IFQ fish involved in a dockside sale is to provide OLE with 
the ability to monitor and inspect the shipment of IFQ fish to 
determine whether there was proper accounting for all IFQ fish landed.

Section 679.5(l)(4)

    IFQ Transshipment Authorization. Regulations pertaining to the IFQ 
transshipment authorization would be moved from Sec.  679.5(l)(4) and 
placed at Sec.  679.5(l)(3). No changes in the procedure of 
transshipment authorization would occur as a result of this rule. 
Currently, if a person intends to transship processed IFQ halibut, IFQ 
sablefish, or CDQ halibut between vessels, authorization from a OLE 
clearing officer to do so must be obtained for each instance of 
transshipment. The request must be made at least 24 hr before the 
transshipment is intended to commence.
    IFQ Departure Report. Regulations pertaining to the IFQ departure 
report would be moved from Sec.  679.5(l)(5)(xi) and placed at Sec.  
679.5(l)(4). Some of the information originally requested as part of a 
Vessel Clearance would be added to the IFQ Departure Report. Instead of 
obtaining an IFQ Vessel Clearance at a principal port prior to 
departing the waters of the EEZ adjacent to the jurisdictional waters 
of the State of Alaska, the territorial sea of the State of Alaska, or 
the internal waters of the State of Alaska, a vessel operator would 
call OLE by telephone and provide the answers to OLE questions listed 
on the Departure Report. Detailed changes to the IFQ Departure Report 
regulatory text are presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No Change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(l)(5)(xi) heading.............  (l)(4) heading.........  ............  ............  ............  ............
(l)(4)(i) heading..............  .......................  ............  ............  ............            X
(l)(4)(i)(A) heading...........  .......................  ............  ............  ............            X
(l)(5)(xi)(A)..................  (l)(4)(i)(A)...........  ............            X   ............  ............
(l)(5)(vii)....................  (l)(4)(i)(B)...........  ............            X   ............  ............
(l)(5)(iii)....................  (l)(4)(i)(C)...........  ............            X   ............  ............
(l)(5)(ix).....................  (l)(4)(i)(D)...........  ............            X   ............  ............
(l)(5)(iv).....................  (l)(4)(i)(E)...........  ............            X   ............  ............
(l)(5)(viii)...................  (l)(4)(ii).............  ............            X   ............  ............
(l)(5)(viii)(H)................  (l)(4)(ii)(A)..........  ............  ............  ............  ............
(l)(5)(viii)(B)................  (l)(4)(ii)(B)..........  ............  ............  ............  ............
(l)(5)(viii)(D)................  (l)(4)(ii)(C)..........  ............            X   ............  ............
(l)(5)(viii)(C)................  (l)(4)(ii)(D)..........  ............            X   ............  ............
(l)(5)(viii)(G)................  (l)(4)(ii)(E)..........  ............            X   ............  ............
(l)(5)(viii)(E)................  (l)(4)(ii)(F)..........  ............            X   ............  ............
(l)(5)(viii)(F)................  (l)(4)(ii)(G)..........  ............  ............  ............  ............
(l)(5)(viii)(I)................  .......................  ............  ............            X   ............
----------------------------------------------------------------------------------------------------------------


[[Page 3494]]

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

----------------------------------------------------------------------------------------------------------------
       Sec.   679.5, paragraph                        Current text                         Proposed text
----------------------------------------------------------------------------------------------------------------
(l)(4)...............................  (l)(5)(xi) Departure report                 (l)(4) Departure report.
(l)(4)(i)(A).........................  (l)(5)(xi)(A) A vessel operator who         (l)(4)(i)(A) Time limit and
                                        intends to obtain a vessel clearance        submittal. A vessel operator
                                        outside the State of Alaska must submit     who intends to make an IFQ
                                        an IFQ departure report, by telephone, to   halibut, CDQ halibut or IFQ
                                        OLE, Juneau, AK at 907-586-7225 or 800-     sablefish landing at any
                                        304-4846.                                   location other than in an
                                                                                    IFQ regulatory area or in
                                                                                    the State of Alaska must
                                                                                    submit an IFQ Departure
                                                                                    Report, by telephone, to
                                                                                    OLE, Juneau, AK at 800-304-
                                                                                    4846 or 907-586-7163 between
                                                                                    the hours of 0600 hours,
                                                                                    A.l.t., and 2400 hours,
                                                                                    A.l.t.
(l)(4)(i)(B).........................  (l)(5)(vii) Completion of fishing. An IFQ   (l)(4)(i)(B) Completion of
                                        vessel operator who obtains an IFQ vessel   fishing. A vessel operator
                                        clearance may only obtain that IFQ vessel   must submit an IFQ Departure
                                        clearance after completion of all           Report after completion of
                                        fishing. If any fishing takes place after   all fishing and prior to
                                        issuance of an IFQ vessel clearance, the    departing the waters of the
                                        vessel operator must obtain a new IFQ       EEZ adjacent to the
                                        vessel clearance.                           jurisdictional waters of the
                                                                                    State of Alaska, the
                                                                                    territorial sea of the State
                                                                                    of Alaska, or the internal
                                                                                    waters of the State of
                                                                                    Alaska when IFQ halibut, CDQ
                                                                                    halibut or IFQ sablefish are
                                                                                    on board.
(l)(4)(i)(C).........................  (l)(5)(iii) A vessel operator obtaining an  (l)(4)(i)(C) IFQ Registered
                                        IFQ vessel clearance or submitting a        Buyer permit. A vessel
                                        departure report must have a Registered     operator submitting an IFQ
                                        Buyer permit.                               Departure Report must have a
                                                                                    Registered Buyer permit.
(l)(4)(i)(D).........................  (ix) First landing of any species. A        (l)(4)(i)(D) First landing of
                                        vessel operator must land and report all    any species. A vessel
                                        IFQ species on board at the same time and   operator submitting an IFQ
                                        place as the first landing of any species   Departure Report must submit
                                        harvested during an IFQ fishing trip.       IFQ Landing Reports for all
                                                                                    IFQ halibut, CDQ halibut and
                                                                                    IFQ sablefish on board at
                                                                                    the same time and place as
                                                                                    the first landing of any IFQ
                                                                                    species.
(l)(4)(i)(E).........................  (l)(5)(iv) IFQ permits on board. A vessel   (l)(4)(i)(E) IFQ permits on
                                        operator obtaining an IFQ vessel            board. A vessel operator
                                        clearance must ensure that one or more      submitting an IFQ Departure
                                        IFQ cardholders is on board with enough     Report must ensure that one
                                        remaining IFQ balance to harvest amounts    or more IFQ cardholders are
                                        of IFQ fish equal to or greater than all    on board with enough
                                        IFQ halibut and IFQ sablefish on board.     remaining IFQ balance to
                                                                                    harvest amounts of IFQ
                                                                                    halibut, CDQ halibut or IFQ
                                                                                    sablefish equal to or
                                                                                    greater than all IFQ
                                                                                    halibut, CDQ halibut and IFQ
                                                                                    sablefish on board.
(l)(4)(ii)...........................  (l)(5)(viii) Required information. To       (l)(4)(ii) Required
                                        obtain an IFQ vessel clearance, the         information. When submitting
                                        vessel operator must provide the            an IFQ Departure Report, the
                                        following information to the clearing       vessel operator must provide
                                        officer:                                    the following information:
(l)(4)(ii)(C)........................  (l)(5)(viii)(D) Vessel operator's IFQ       (l)(4)(ii)(C) Vessel
                                        Registered Buyer permit number.             operator's name and IFQ
                                                                                    Registered Buyer permit
                                                                                    number.
(l)(4)(ii)(D)........................  (l)(5)(viii)(C) Name and permit numbers of  (l)(4)(ii)(D) Halibut IFQ
                                        IFQ permits used to harvest IFQ species     permit numbers and sablefish
                                        on board.                                   IFQ permit numbers of IFQ
                                                                                    cardholders on board.
(l)(4)(ii)(E)........................  (l)(5)(viii)(G) IFQ areas of harvest.       (l)(4)(ii)(E) Halibut
                                                                                    Regulatory Areas or
                                                                                    Sablefish Regulatory Areas
                                                                                    of harvest or both.
(l)(4)(ii)(F)........................  (l)(5)(viii)(E) Estimated total weight of   (l)(4)(ii)(F) Estimated total
                                        IFQ halibut on board (1b/kg/mt).            weight of IFQ halibut or CDQ
                                                                                    halibut on board (lb/kg/mt).
----------------------------------------------------------------------------------------------------------------

Section 679.5(l)(5)

    IFQ Vessel Clearance. OLE reports that 65 Vessel Clearances were 
processed in 2001. This indicates that a relatively small number of all 
vessels making IFQ landings would be directly regulated by this 
provision. The Vessel Clearance requirement would be replaced with a 
verbal ``Departure Report'' submitted by telephone prior to leaving the 
jurisdiction of the Council. This would mean vessels would not have to 
meet an OLE officer dockside at a Primary Port. A Departure Report 
would be required for vessels delivering their IFQ fish outside Alaska.
    All of paragraph (l)(5) of this section would be removed, except 
that some paragraphs are indicated elsewhere as redesignated for 
inclusion in other sections. This action would also amend the FMPs so 
that the intent of the FMPs incorporates the practical limitations of 
OLE to meet the requirements of the FMPs. OLE personnel are not 
currently able to effectively determine catch quantity at the Vessel 
Clearance port and are unable to seal a vessel's hold without 
compromising vessel safety.
    Landing Verification and Record Retention. In this section, all of 
the regulatory text regarding landing verification and record retention 
would be placed under (l)(5).

Section 679.5(l)(6)

    Sampling. All of the regulatory text regarding sampling would be 
placed under (l)(6). Detailed changes are given below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.5, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(l)(5) heading.................  .......................  ............            X   ............  ............
first sentence of (l)(2)(v)....  (l)(5)(i)..............  ............            X   ............  ............
(l)(6).........................  (l)(5)(ii).............  ............            X   ............  ............
(l)(6) heading.................  .......................  ............            X   ............  ............
First sentence of (l)(2)(v)....  (l)(6)(i)..............  ............            X   ............  ............
Second sentence of (l)(2)(v)...  (l)(6)(ii).............  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------


[[Page 3495]]

Section 679.7 Prohibitions

    This action would amend Sec.  679.7(f)(6) to include the IFQ card 
requirement for a hired master. In addition, Sec.  679.7(f)(12) would 
be revised to change the submittal time limit for the PNOL from 6 hours 
to 3 hours prior notice. Detailed changes are presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.7, paragraph          Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(f)(6).........................  .......................  ............            X   ............  ............
(f)(12)........................  .......................  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

------------------------------------------------------------------------
  Location Sec.   679.7,
         paragraph               Remove . . .               Add
------------------------------------------------------------------------
(f)(6)....................  Make an IFQ halibut,   Landing. (i) IFQ or
                             IFQ sablefish, or      CDQ card. Make an
                             CDQ halibut landing    IFQ halibut, IFQ
                             without an IFQ or      sablefish, or CDQ
                             CDQ card in the name   halibut landing
                             of the individual      without an IFQ or
                             making the landing.    CDQ card in the name
                                                    of the individual
                                                    making the landing.
                                                   (ii) Hired master.
                                                    Make an IFQ halibut,
                                                    IFQ sablefish, or
                                                    CDQ halibut landing
                                                    without an IFQ or
                                                    CDQ card listing the
                                                    name of the hired
                                                    master and the name
                                                    of the vessel making
                                                    the landing.
(f)(12)...................  Make an IFQ landing     Make an IFQ landing
                             without prior notice   without a PNOL and
                             of landing and         before 3 hours after
                             before 6 hours after   such notice, except
                             such notice, except    as provided in Sec.
                             as provided in Sec.     679.5
                              679.5.
------------------------------------------------------------------------

Section 679.32 Groundfish and Halibut CDQ Catch Monitoring

    This action would revise the reference in paragraph (f)(2)(iv) of 
this section to include paragraph (g) of this section for the PTR and 
paragraph (l) of this section for IFQ R&R. This would be necessary 
because participants in the CDQ halibut fishery are required to follow 
the IFQ regulations for R&R given in paragraph (l) of this section and 
requirements to file the PTR in paragraph (g) of this section.
    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

------------------------------------------------------------------------
  Location Sec.   679.32,
         paragraph               Remove . . .               Add
------------------------------------------------------------------------
                  (f)(2)(i  A person may land      A person may land
                   v).       halibut CDQ only if    halibut CDQ only if
                             he or she has a        he or she has a
                             valid halibut CDQ      valid halibut CDQ
                             card, and that         card, and that
                             person may deliver     person may deliver
                             halibut CDQ only to    halibut CDQ only to
                             a person with a        a person with a
                             valid registered       valid registered
                             buyer permit. The      buyer permit. The
                             person holding the     person holding the
                             halibut CDQ card and   halibut CDQ card and
                             the Registered Buyer   the Registered Buyer
                             must comply with the   must comply with the
                             requirements of Sec.   requirements of Sec.
                               679.51(l)(1) and       679.5(g) and (l).
                             (l)(2).
------------------------------------------------------------------------

Section 679.42 Limitations on Use of QS and IFQ

    This action would correct the regulatory text of Sec.  679.42 by 
removing incorrect reference to Sec.  679.42(k), by separating the text 
into numbered subparagraphs, and by correcting the metric 
``equivalent'' to 5,000 lb. The amounts described by pounds and metric 
tons are not equal, and this regulation is stating an exact amount in 
both pounds and metric tons. Other detailed changes for Sec.  679.42 
are presented below:

----------------------------------------------------------------------------------------------------------------
    Sec.   679.42, paragraph         Redesignated as        No change      Revised       Removed        Added
----------------------------------------------------------------------------------------------------------------
(a)............................  .......................  ............            X   ............  ............
(c)(1)(ii).....................  .......................  ............            X   ............  ............
(c)(1)(iv).....................  .......................  ............            X   ............  ............
(c)(2)(i)......................  .......................  ............            X   ............  ............
----------------------------------------------------------------------------------------------------------------

    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

[[Page 3496]]



------------------------------------------------------------------------
  Location Sec.   679.42,
         paragraph               Current text          Proposed text
------------------------------------------------------------------------
(a).......................  The QS or IFQ          (1) The QS or IFQ
                             specified for one      specified for one
                             IFQ regulatory area    IFQ regulatory area
                             must not be used in    must not be used in
                             a different IFQ        a different IFQ
                             regulatory area.       regulatory area.
                             Except as provided    (2) Except as
                             in paragraph (k) of    provided in Sec.
                             this section or in     679.41(i)(1) of this
                             Sec.   679.41(i)(1)    part, the IFQ
                             of this part, the      assigned to one
                             IFQ assigned to one    vessel category must
                             vessel category must   not be used to
                             not be used to         harvest IFQ species
                             harvest IFQ species    on a vessel of a
                             on a vessel of a       different vessel
                             different vessel       category.
                             category.             (3) Notwithstanding
                             Notwithstanding.       Sec.
                            Sec.                    679.40(a)(5)(ii) of
                             679.40(a)(5)(ii) of    this part, IFQ
                             this part, IFQ         assigned to vessel
                             assigned to vessel     Category B must not
                             Category B must not    be used on any
                             be used on any         vessel less than or
                             vessel less than or    equal to 60 ft (18.3
                             equal to 60 ft (18.3   m) LOA to harvest
                             m) LOA to harvest      IFQ halibut in IFQ
                             IFQ halibut in IFQ     regulatory area 2C
                             regulatory area 2C     or IFQ sablefish in
                             or IFQ sablefish in    the IFQ regulatory
                             the IFQ regulatory     area east of
                             area east of           140[deg] W. long.
                             140[deg] W. long.      unless such IFQ
                             unless such IFQ        derives from blocked
                             derives from blocked   QS units that result
                             QS units that result   in IFQ of less than
                             in IFQ of less than    5,000 lb, based on
                             5,000 lb (2.3 mt),     the 1996 TAC for
                             based on the 1996      fixed gear specified
                             TAC for fixed gear     for the IFQ halibut
                             specified for the      fishery and the IFQ
                             IFQ halibut fishery    sablefish fishery in
                             and the IFQ            each of these two
                             sablefish fishery in   regulatory areas.
                             each of these two
                             regulatory areas.
(c)(1)(ii)................  Be aboard the vessel   Be aboard the vessel
                             at all times during    at all times during
                             the fishing            the fishing trip and
                             operation.             present during the
                                                    landing.
(c)(1)(iv)................  Sign the IFQ landing   Sign the IFQ Landing
                             report required by     Report required by
                             Sec.                   Sec.
                             679.5(l)(2)(ii)(C)     679.5(l)(2)(iv)(D).
                             and (iii)(B).
(c)(2)(i).................  Except as provided in  Except as provided in
                             Sec.                   Sec.
                             679.5(l)(2)(vi)(J)(2   679.5(l)(2)(iii)(J),
                             ), if offload of       if offload of
                             unprocessed IFQ        unprocessed IFQ
                             halibut, CDQ halibut   halibut, CDQ halibut
                             or IFQ sablefish       or IFQ sablefish
                             from a vessel, the     from a vessel, the
                             scale weight of the    scale weight of the
                             halibut or sablefish   halibut or sablefish
                             product actually       product actually
                             measured at the time   measured at the time
                             of offload, as         of offload, as
                             required by Sec.       required by Sec.
                             679.5(l)(2)(vi) to     679.5(l)(2)(iii) to
                             be included in the     be included in the
                             IFQ Landing Report.    IFQ Landing Report.
------------------------------------------------------------------------

Section 679.43 Determinations and Appeals

    In addition to the changes in R&R for groundfish and the IFQ 
Program, paragraph 679.43(c) would be revised to correct the address 
for the Office of Administrative Appeals.
    Revisions to the regulatory text are presented below, showing the 
location of the text, the current text, and the proposed text.

------------------------------------------------------------------------
         Paragraph               Current text          Proposed text
------------------------------------------------------------------------
679.43(c).................  Appeals must be in     Appeals must be in
                             writing and must be    writing and must be
                             submitted to the       mailed to the:
                             Office of              National Marine
                             Administrative         Fisheries Service,
                             Appeals, P.O. Box      Office of
                             21668, Juneau, AK      Administrative
                             99802 or delivered     Appeals, P.O. Box
                             to: Federal            21668, Juneau, AK
                             Building, 709 West     99802-1668 or
                             9th St., Room 801,     delivered to:
                             Juneau, AK..           National Marine
                                                    Fisheries Service,
                                                    Attention: Appeals
                                                    (OAA) 709 West 9th
                                                    St., Room 453,
                                                    Juneau, AK 99801.
------------------------------------------------------------------------

Tables

    Tables 14a, b, and c to 50 CFR part 679 are revised by removing the 
coordinates and indications for IFQ primary ports of landing and by 
indicating ``other'' for each State and Canada. The port of Vancouver, 
Canada, and code number 803 are added to Table 14b.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule does not duplicate, overlap, or conflict with other 
Federal regulations.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
OMB. These requirements are listed by OMB control number.
    OMB No. 0648-0272. These requirements and their associated burden 
estimates per response are: 18 minutes for Landing Report and 12 
minutes for Transshipment Authorization.
    This proposed rule also contains revised requirements that have 
been submitted to OMB for approval. These requirements are listed by 
OMB control number.
    OMB No. 0648-0213. This requirement and its associated burden 
estimate per response is: 14 minutes for Vessel Activity Report.
    OMB No. 0648-0272. These revised requirements and their associated 
burden estimates per response are: 12 minutes for IFQ Prior Notice of 
Landing; 6 minutes for IFQ Departure Report; 6 minutes for IFQ Dockside 
sales receipt; 18 minutes for Shipment Report are removed; and 12 
minutes for Vessel Clearance are removed.
    OMB No. 0648-0213. This revised requirement and its associated 
burden estimate per response is: 20 minutes for Product Transfer 
Report.
    Response times 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 this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology.
    Send comments on these or any other aspects of the collection of 
information to NMFS, Alaska Region (see

[[Page 3497]]

ADDRESSES), and to OMB at the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503 
(Attention: NOAA Desk Officer).
    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.
    In general, these actions would improve the efficiency of data 
collection required under existing IFQ regulations and stem from a 
joint collaboration of the NOAA Office of Law Enforcement (OLE), Alaska 
Region, and members of the affected industry. Together, they agreed to 
changes to the R&R requirements for the IFQ program. These changes were 
further reviewed by the United States Coast Guard, the Council, and the 
International Pacific Halibut Commission. An IFQ Implementation Team 
has recommended adoption of these measures to the Council.
    These actions would result in removing the IFQ Shipment Report and 
IFQ Vessel Clearance. As a consequence of their removal, other forms 
such as the IFQ Landing Report, IFQ Prior Notice of Landing, IFQ 
Departure Report, the Product Transfer Report and Vessel Activity 
Report are proposed to be changed. Definitions for ``authorized 
officer'', ``clearing officer'' and ``IFQ landing'' would be revised. 
Overall, these changes will result in improved economic efficiency for 
the affected fisheries by allowing the vessel operators additional time 
to find competitive prices at the processors. Furthermore, the action 
would relieve burdens on small entities, as concluded in the Regulatory 
Impact Review (RIR), by simplifying, combining and clarifying reporting 
forms and requirements.
    NMFS determined that this proposed rule warrants a Categorical 
Exclusion from National Environmental Policy Act (NEPA) requirements 
for an EA. The changes proposed in this action are consistent with the 
intent and purpose of the Halibut Act with respect to halibut, the 
Magnuson-Stevens Act with respect to sablefish, and the groundfish 
FMPs.
    These proposed actions--FMP amendments and amendment to regulations 
promulgated under the Groundfish FMP and Halibut Act--have been 
evaluated to determine the appropriateness of a Categorical Exclusion 
for preparation of a NEPA analysis. According to agency NEPA guidance 
found at NAO 216-6, Section 5.05b, to qualify for a categorical 
exclusion from NEPA analysis, this agency needs to determine if (1) a 
prior NEPA analysis for the same action demonstrated that the action 
will not have significant impacts on the quality of the human 
environment; or (2) the proposed action is likely to result in 
significant impacts as defined in 40 CFR 1508.27. Further, according to 
section 6.02 of NAO 216-6, an action is disqualified from Categorical 
Exclusions for several reasons, including: (1) The action may be 
reasonably expected to jeopardize the sustainability of any target or 
non-target species that may be affected by the action; (2) the action 
may reasonably be expected to cause substantial damage to the ocean and 
coastal habitats and/or essential fish habitats defined under the MSA 
and identified in the FMPs; (3) the action may be reasonably expected 
to have a substantial adverse impact on public health or safety; (4) 
the action may be reasonably expected to adversely affect endangered or 
threatened species, marine mammals, or critical habitat of these 
species; (5) the action may be reasonably expected to result in 
cumulative effects that could have a substantial effect on the target 
species or non-target species; (6) the action may be expected to have a 
substantial impact on biodiversity and ecosystem function within the 
affected area; (7) if significant social or economic impacts are 
interrelated with significant natural or physical environmental effects 
than an Environmental Impact Statement (EIS) should discuss all the 
effects on the human environment; and (8) the degree to which the 
effects on the quality of the human environment are likely to be highly 
controversial.
    For the following reasons, and in consideration of guidance under 
NAO 216-6, the prior NEPA analyses--the SEIS for Groundfish of the GOA 
and the SEIS for the Halibut IFQ program--provide sufficient analysis 
of the direct, indirect and cumulative impacts of the recordkeeping and 
reporting component to the IFQ fisheries affected here. Further, none 
of the considerations under section 6.02 exist here given: (1) The 
nature of the action and its goals, that is that the action is a 
refinement of recordkeeping and reporting and seeks to reduce the time 
required for complying with such; and (2) that the action will reduce 
the window of time required for vessels to alert the agency that they 
will be offloading catch at processors.
    As determined in the accompanying RIR and IRFA analyses, 
conservation and management goals will be unaffected by the actions. 
The actions will not affect public health and safety and are not 
controversial. Because the actions do not alter fishing but rather 
landings and reporting, the actions will not affect the target or non-
target species that are caught pursuant to the IFQ programs affected 
here. The actions do not establish any precedent or decision in 
principle about future proposals or result in cumulatively significant 
impacts nor have any adverse impacts on endangered or threatened 
species or their habitats.
    In conclusion, these actions would improve the efficiency of data 
collection required under existing IFQ regulations and would implement 
those recommendations received from industry, enforcement and 
management. Based on the foregoing conclusions, these revisions to 
recordkeeping and reporting for the IFQ fisheries would not 
substantively alter environmental impacts already analyzed within 
existing environmental documents.
    NMFS prepared an initial regulatory flexibility analysis that 
describes the impact this proposed rule, if adopted, would have on 
small entities.
    The legislative authority for these actions is the Magnuson-Stevens 
Fishery Conservation and Management Act, Public Law (Pub. L.) 94-265, 
16 U.S.C. 1801 (Magnuson-Stevens Act), and the Northern Pacific Halibut 
Act of 1982 (NPHA) Public Law 97-176, 16 U.S.C. 773 c (c).

Action 1

    Under current regulations, operators of vessels making halibut or 
sablefish IFQ landings must notify the NOAA Fisheries Office for Law 
Enforcement six hours before the landing and must include the name of 
the Registered Buyer to whom they are delivering the IFQ fish. These 
regulations have been found to put IFQ fishermen at a disadvantage in 
their negotiations with Registered Buyers, to make it more difficult 
for Registered Buyers to market fresh product, and to reduce the 
ability of IFQ fishermen to respond to changing business conditions. 
The preferred alternative for this action would address these problems 
by reducing the notification time from six hours to three, and by 
eliminating the requirement that persons landing IFQ fish include the 
name of the Registered Buyer in the notification. Persons landing IFQ 
fish only would have to include the location of the landing in the 
notification.
    The maximum number of directly regulated small entities would be 
approximately 3,485 holders of halibut QS, and 872 holders of sablefish 
QS. In addition, all six of the CDQ groups hold

[[Page 3498]]

CDQ halibut QS and would be directly regulated. A total of 270 
individual fishermen landed CDQ halibut in 2001 and may be directly 
regulated by this regulatory change. NMFS/RAM issued 694 permits for 
Registered Buyers in 2001, and, of these, 215 reported landings. 
Registered Buyers also would be directly regulated by this change.
    In general, this proposed rule would relieve burdens on small 
entities, especially vessel owners of IFQ's. Proposed changes may 
contribute to increased competition in the delivery market for IFQ 
halibut and sablefish and thus may have some adverse impact on less 
economically efficient Registered Buyers. There are no data available 
on whether or not this impact will occur, or on how serious it may be.
    This action does not impose new record keeping requirements or 
duplicate, overlap or conflict with other Federal rules. NMFS 
considered an alternative to totally eliminate the prior notice of 
landing requirement. This might have relieved more of the burden on 
small entities (although it might still have adversely impacted less 
efficient Registered Buyers). However, this alternative would have 
adversely affected data-collection, monitoring, and enforcement 
operations. NMFS also considered an alternative to randomly apply the 
prior notice requirements to vessels. Under this system, some vessels 
would be relieved of a prior notice burden, but all vessels would have 
been subjected to additional ``hail-out'' reporting burdens when they 
put to sea. Port-sampling might be adversely impacted, with biases 
introduced into sampling methods that might affect the quality of data 
used in stock assessments. Therefore, neither of these alternatives was 
chosen as the preferred alternative.

Action 2

    At the present time, vessels may only begin to land IFQ catch 
between 6 a.m. and 6 p.m. (the ``offload window''). Industry has 
expressed an interest in extending the offload window later in the 
evening. However, industry has also indicated that if the preferred 
alternative in Action 1 were taken, the flexibility provided would make 
it unnecessary to extend the window. The preferred alternative, 
therefore, is continuation of the status quo.
    The maximum number of affected small entities would be the 
approximately 3,485 persons (individuals, corporations, and other 
entities) who held halibut QS; 872 persons held sablefish QS. In 
addition, all six of the CDQ groups that hold CDQ halibut would be 
affected. A total of 270 individuals landed CDQ halibut in 2001 and may 
be affected by this regulation. NMFS/RAM issued 694 permits for 
Registered Buyers in 2001, and, of these, 215 reported landings. 
Registered Buyers also would be affected by this change in regulation.
    This action does not appear to have an adverse impact on small 
entities. This action does not impose new record keeping requirements 
or duplicate, overlap, or conflict with other Federal rules.

Action 3

    The preferred alternative for this action eliminates the 
requirement for vessels to pull into port to obtain a vessel clearance 
prior to leaving the EEZ off Alaska. IFQ permit holders state that the 
requirement is onerous and costly when they have to divert to come 
dockside for a clearance. They also say there are not enough port 
options for obtaining clearance in a timely fashion. The objective of 
this action is to reduce the burden on fishermen by substituting a 
verbal ``departure report'' for the currently-required vessel 
clearance. A verbal report would not diminish the ability to monitor 
and enforce catch reporting/quota requirements on vessels leaving the 
jurisdiction of the Council since other reporting mechanisms are 
available in the port of delivery to monitor those vessels.
    As proposed, this preferred alternative for Action 3 would directly 
regulate the 1,451 unique vessels which made IFQ halibut landings, and 
433 unique vessels which made sablefish landings in 2001. OLE reports 
that 65 vessel clearances were processed in 2001. This indicates that a 
relatively small number of all vessels making IFQ landings would be 
directly regulated by this provision, because to obtain the highest 
quality product, vessels generally offload halibut as soon as possible 
at a port of Alaska.
    NMFS has not identified any adverse impacts to small entities from 
this action. It does not impose new record keeping requirements or 
duplicate, overlap or conflict with other federal rules. NMFS is not 
aware of any alternatives in addition to the alternatives considered 
that would accomplish the objectives of the Magnuson-Stevens Act and 
other applicable statutes and that would minimize the economic impact 
of the proposed rule on small entities.

Action 4

    Regulations currently require that Registered Buyers of IFQ 
sablefish and halibut and CDQ sablefish report landings on a shipment 
report. Processors are required to report groundfish landings on a 
separate product transfer report (PTR). Those processors that are also 
Registered Buyers must submit a PTR for groundfish and a shipment 
report for IFQ halibut and sablefish and for CDQ halibut. The IFQ 
fishing industry has expressed concern that this report is duplicative. 
The purpose of this action is to improve the transfer procedure 
paperwork and to eliminate some occurrence of duplication. For example 
under current regulations, an offload of IFQ halibut or sablefish 
generally also includes incidental groundfish harvest. A PTR is created 
for the incidental groundfish; a shipment report is created for the IFQ 
halibut or sablefish. In other words, two pieces of paper document one 
offload. With the proposed combination of the IFQ shipment report and 
the groundfish product transfer report, both the IFQ fish and the 
incidental groundfish would be reported on one document.
    As proposed, the preferred alternative for action 4 would directly 
regulate Registered Buyers, all of whom are assumed to be ``small 
business,'' based upon RFA criteria. NMFS/RAM issued 694 permits for 
Registered Buyers in 2001, and, of these, 215 reported landings. 
Therefore, some multiple of 215 shipment reports and an estimated two-
thirds of these, or 144 PTRs, were submitted by Registered Buyers in 
2001. The proposed change would eliminate the 144 PTRs.
    This action would impose no adverse impacts on small entities, and 
it does not appear to impose new record keeping requirements or 
duplicate, overlap, or conflict with other Federal rules.
    A copy of this analysis is available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 6, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set forth in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

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

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

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


[[Page 3499]]


    2. In Sec.  679.2, revise in alphabetical order the definitions for 
``Authorized officer,'' ``Clearing officer,'' ``IFQ landing,'' ``IFQ 
Permit Holder,'' ``IFQ Registered Buyer,'' and ``Transfer'' to read as 
follows:


Sec.  679.2  Definitions.

    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson-
Stevens Act or any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of any person described in paragraph (1) of this definition.
* * * * *
    Clearing officer means, a NOAA Fisheries Office for Law Enforcement 
(OLE) special agent, an OLE fishery enforcement officer, or an OLE 
enforcement aide.
* * * * *
    IFQ landing means, the unloading or transferring of any IFQ 
halibut, CDQ halibut, IFQ sablefish, or products thereof from the 
vessel that harvested such fish or the removal from the water of a 
vessel containing IFQ halibut, CDQ halibut, IFQ sablefish, or products 
thereof.
    IFQ permit holder means the person identified on an IFQ permit, at 
the time a landing is made, as defined at Sec.  679.4(d)(1).
* * * * *
    IFQ registered buyer means the person identified on a Registered 
Buyer permit, as defined at Sec.  679.4(d)(3).
* * * * *
    Transfer means:
    (1) Groundfish fisheries of the GOA and BSAI. Any loading, 
offloading, shipment or receipt of any groundfish product by a 
mothership, catcher/processor, shoreside processor, or stationary 
floating processor, including quantities transferred inside or outside 
the EEZ, within any state's territorial waters, within the internal 
waters of any state, at any shoreside processor, stationary floating 
processor, or at any offsite meal reduction plant.
    (2) IFQ halibut, CDQ halibut, IFQ sablefish. Any loading, 
offloading, shipment or receipt of any IFQ halibut, CDQ halibut, IFQ 
sablefish product, including quantities transferred inside or outside 
the EEZ, within any state's territorial waters, within the internal 
waters of any state, at any shoreside processor, stationary floating 
processor, or at any offsite meal reduction plant.
* * * * *
    3. In Sec.  679.4, paragraph (d) is revised to read as follows:


Sec.  679.4  Permits.

* * * * *
    (d) IFQ permits, IFQ cards, and IFQ Registered Buyer permits. The 
permits and cards described in this section are required in addition to 
the permit and licensing requirements prescribed in the annual 
management measures published in the Federal Register pursuant to Sec.  
300.62 of chapter III of this title and in the permit requirements of 
this section.
    (1) IFQ permit. (i) An IFQ permit authorizes the person identified 
on the permit to harvest IFQ halibut or IFQ sablefish from a specified 
IFQ regulatory area at any time during an open fishing season during 
the fishing year for which the IFQ permit is issued until the amount 
harvested is equal to the amount specified under the permit, or until 
it is revoked, suspended, or modified under 15 CFR part 904.
    (ii) A legible copy of any IFQ permit that specifies the IFQ 
regulatory area and vessel length overall from which IFQ halibut or IFQ 
sablefish may be harvested by the IFQ permit holder must be carried on 
board the vessel used by the permitted person to harvest IFQ halibut or 
IFQ sablefish at all times that such fish are retained on board.
    (2) IFQ card. (i) An IFQ card authorizes the individual identified 
on the card to land IFQ halibut or IFQ sablefish for debit against the 
specified IFQ permit until the card expires, or is revoked, suspended, 
or modified under 15 CFR part 904, or cancelled on request of the IFQ 
permit holder.
    (ii) An original IFQ card issued by the Regional Administrator must 
be on board the vessel that harvests IFQ halibut or IFQ sablefish at 
all times that such fish are retained on board. Except as specified in 
Sec.  679.42(d), an individual that is issued an IFQ card must remain 
aboard the vessel used to harvest IFQ halibut or IFQ sablefish with 
that card during the IFQ fishing trip and at the landing site during 
all IFQ landings.
    (iii) Each IFQ card issued by the Regional Administrator will 
display an IFQ permit number, the name of the individual authorized by 
the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit 
against the permit holder's IFQ. In addition, IFQ cards issued to hired 
masters representing permit holders per Sec.  679.42(i) and (j) will 
also display the ADF&G vessel identification number of the authorized 
vessel.
    (3) Registered Buyer permit. (i) A Registered Buyer permit 
authorizes the person identified on the permit to receive and make an 
IFQ landing by an IFQ permit or card holder at any time during the 
fishing year for which it is issued until the Registered Buyer permit 
expires, or is revoked, suspended, or modified under 15 CFR part 904.
    (ii) A Registered Buyer permit is required of:
    (A) Any person who receives IFQ halibut, CDQ halibut or IFQ 
sablefish from the person(s) who harvested the fish;
    (B) Any person who harvests IFQ halibut or IFQ sablefish and 
transfers such fish in a dockside sale, outside of an IFQ regulatory 
area, or outside the State of Alaska.
    (C) A vessel operator who submits a Departure Report (see Sec.  
679.5(l)(4))
    (iii) A Registered Buyer permit is issued on a 3-year cycle by the 
Regional Administrator to persons that have a Registered Buyer 
application approved by the Regional Administrator.
    (iv) A Registered Buyer permit is in effect from the date of 
issuance through the end of the current NMFS 3-year cycle, unless it is 
revoked, suspended, or modified under Sec.  600.735 or Sec.  600.740 of 
this chapter.
    (4) Issuance. The Regional Administrator will renew IFQ permits and 
cards annually or at other times as needed to accommodate transfers, 
revocations, appeals resolution, and other changes in QS or IFQ 
holdings, and designation of masters under Sec.  679.42.
    (5) Transfer. The quota shares and IFQ issued under this section 
are not transferable, except as provided under Sec.  679.41. IFQ cards 
and Registered Buyer permits issued under this paragraph (d) are not 
transferable.
    (6) Inspection. (i) IFQ permit and card. The IFQ cardholder must 
present a copy of the IFQ permit and the original IFQ card for 
inspection on request of any authorized officer or Registered Buyer 
receiving IFQ species. Nothing in this paragraph would prevent an 
individual who is issued an IFQ card from being absent from the vessel 
used to harvest IFQ halibut or IFQ sablefish from the time the vessel 
arrives at the point of landing and the commencement of landing.
    (ii) Registered Buyer permit. A legible copy of the Registered 
Buyer permit must be present at the location of an IFQ landing and must 
be made available by the Registered Buyer's representative for 
inspection on request of any authorized officer.

[[Page 3500]]

    (7) Validity. An IFQ permit issued under this part is valid only if 
all IFQ fee liability of the IFQ permit holder that is due as a result 
of final agency action has been paid as specified in Sec. Sec.  679.45 
and 679.5(l)(7)(ii).
* * * * *
    4. In Sec.  679.5, paragraphs (a)(1)(ii)(A) and (B), (a)(15), (g), 
(k), and (l) are revised to read as follows:


Sec.  679.5  Recordkeeping and reporting.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) Groundfish received. A shoreside processor, stationary floating 
processor, mothership, or buying station subject to recordkeeping and 
reporting requirements must report all groundfish and prohibited 
species received, including fish received from vessels not required to 
have a federal fisheries permit; and fish received under contract for 
handling or processing for another processor.
    (B) Groundfish transferred. A shoreside processor, stationary 
floating processor, or mothership subject to recordkeeping and 
reporting requirements must report all groundfish and prohibited 
species transferred out of the facility or off the vessel.
* * * * *
    (15) IFQ/groundfish transfer comparison. The operator, manager, or 
Registered Buyer may refer to the following table for submittal, 
issuance, and possession requirements for each type of IFQ or non-IFQ 
groundfish transfer activity. The locations of the paragraphs that 
describe the requirements of each activity are also given.

----------------------------------------------------------------------------------------------------------------
                                                     Submittal                         Issue            Possess
                                      --------------------------------------------------------------------------
                                                                                              IFQ         IFQ
                                                                 IFQ Trans-       IFQ      Dockside     Landing
                                           VAR         PTR        shipment     Departure     Sale       Report
                                                               Authorization    Report      Receipt     Receipt
----------------------------------------------------------------------------------------------------------------
(i) If a catcher vessel, mothership            X   ..........  .............  ..........  ..........  ..........
 or catcher/processor leaving or
 entering Alaska with non-IFQ
 groundfish and no IFQ product
 onboard (see Sec.   679.5(k)))......
(ii) If a vessel leaving Alaska with   ..........  ..........  .............          X   ..........  ..........
 IFQ sablefish or IFQ halibut but no
 other non-IFQ groundfish onboard
 (see Sec.   679.5(l)(4))............
(iii) If a vessel leaving Alaska with          X   ..........  .............          X   ..........  ..........
 IFQ sablefish or IFQ halibut and
 other non-IFQ groundfish onboard
 (see Sec.   679.5(k) and
 679.5(l)(4))........................
(iv) Transfer of non-IFQ groundfish    ..........          X   .............  ..........  ..........  ..........
 (see Sec.   679.5(g))...............
(v) Transfer of IFQ species from an    ..........          X   .............  ..........  ..........  ..........
 IFQ Registered Buyer (see Sec.
 679.5(g))...........................
(vi) Transfer of IFQ species from IFQ  ..........  ..........  .............  ..........        XXX   ..........
 Cardholder with a IFQ Registered
 Buyer permit in a dockside sale (see
 Sec.   679.5(l)(5)).................
(vii) Transfer of IFQ species from     ..........  ..........  .............  ..........  ..........         XX
 landing site to IFQ Registered
 Buyer's processing facility (see
 Sec.   679.5(g)(1)(vi)).............
(viii) Transfer of IFQ processed       ..........  ..........         XXXX    ..........  ..........  ..........
 product between vessels (see Sec.
 679.5(l)(3))........................
----------------------------------------------------------------------------------------------------------------
X Indicates under what circumstances each report is submitted;
XX Indicates that the document must accompany the transfer of IFQ species from landing site to processor;
XXX Indicates receipt must be issued to each receiver in a dockside sale;
XXXX Indicates authorization must be obtained.

* * * * *
    (g) Product Transfer Report (PTR). (1) General Requirements. Except 
as provided in paragraphs (g)(1)(i) through (vi) of this section, the 
operator of a mothership or catcher/processor, the manager of a 
shoreside processor or stationary floating processor must complete and 
submit a separate PTR for each transfer (shipment or receipt) of 
groundfish and donated prohibited species caught in groundfish 
fisheries. In addition, IFQ Registered Buyers must submit a separate 
PTR for each transfer (shipment only) of halibut or sablefish for which 
the Registered Buyer submitted an IFQ or CDQ Landing Report or was 
required to submit an IFQ or CDQ Landing Report. A PTR is not required 
to accompany a shipment or transfer.
    (i) Exemption: Bait sales (non-IFQ groundfish only). The operator 
or manager may aggregate individual sales or transfers of non-IFQ 
groundfish to vessels for bait purposes during a day onto one PTR when 
recording the amount of such bait product leaving a facility that day.
    (ii) Exemption: Retail sales. For retail sales destined for human 
consumption and weighing less than 10 lb or 4.5 kilograms, the 
operator, manager, or IFQ Registered Buyer may aggregate and record on 
one PTR, the amount of such retail product transferred during one 
calendar day.
    (iii) Exemption: Wholesale sales (non-IFQ groundfish only). The 
operator or manager may aggregate and record on one PTR, wholesale 
sales of non-IFQ groundfish by species when recording the amount of 
such wholesale species leaving a facility in one calendar day, if 
invoices detailing destinations for all of the product are available 
for inspection by an authorized officer.
    (iv) Exemption: IFQ Registered Buyers. IFQ Registered Buyers are 
not required to submit a PTR for ``receipt'' of IFQ halibut, CDQ 
halibut, or IFQ sablefish.
    (v) Exemption: Dockside sales (IFQ only). (A) A person holding a 
valid IFQ permit, IFQ card, and IFQ Registered Buyer permit may conduct 
a dockside sale of IFQ halibut or IFQ sablefish to a person who has not 
been issued an IFQ Registered Buyer permit.
    (B) An IFQ Registered Buyer conducting dockside sales must issue a 
receipt to each individual receiving IFQ halibut or IFQ sablefish in 
lieu of a PTR. This receipt must include the date of sale or transfer, 
the IFQ Registered Buyer permit number, and the weight by product of 
the IFQ sablefish or IFQ halibut transferred.
    (vi) Exemption: transfer directly from the landing site to a 
processing facility (IFQ only). A PTR is not required for 
transportation of unprocessed IFQ species directly from the landing 
site to a processing facility for processing the IFQ species, provided 
the following conditions are met:
    (A) A copy of the IFQ Landing Report receipt (Internet or 
transaction terminal

[[Page 3501]]

receipt) documenting the IFQ landing accompanies the offloaded IFQ 
species while in transit.
    (B) A copy of the IFQ Landing Report receipt is available for 
inspection by an authorized officer.
    (C) For IFQ species transported in this manner, the IFQ Registered 
Buyer submitting the IFQ Landing Report must still complete a PTR for 
each transfer of IFQ halibut and IFQ sablefish from the processing 
facility.
    (2) Time limits and submittal. The operator of a mothership or 
catcher/processor, an IFQ Registered Buyer, or manager of a shoreside 
processor or stationary floating processor must:
    (i) Record on PTR. Record all product transfer information on a PTR 
within 2 hours of the completion of the transfer.
    (ii) Submit original PTR. Submit by FAX or electronic file a copy 
of each PTR to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., 
on the Tuesday following the end of the applicable weekly reporting 
period in which the transfer occurred.
    (iii) Submit revised PTR. Ensure that, if any information on the 
original PTR changes prior to the first destination of the shipment, a 
revised PTR is submitted by FAX or electronic file to OLE, Juneau, AK 
(907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end 
of the applicable weekly reporting period in which the change occurred.
    (3) General information. The operator, manager, or IFQ Registered 
Buyer must record on a PTR:
    (i) Whether original or revised PTR;
    (ii) Whether you are the shipper or receiver;
    (iii) Whether the shipment or receipt is for any combination of 
non-IFQ groundfish, IFQ products, or CDQ halibut products and record 
information for each product transferred per paragraph 679.5(g)(4) 
through (7). If shipment consists of donated prohibited species caught 
while participating in groundfish fisheries, mark the box 
``groundfish.''
    (4) Receiver information. If documenting receipt of non-IFQ 
groundfish, the operator or manager must check ``Receiver'; enter your 
representative's name, telephone number, and FAX number; start and 
finish date and time of product transfer, position of product transfer 
(if applicable), port or location of transfer and:

------------------------------------------------------------------------
        Enter under ``Receiver''             Enter under ``Shipper''
------------------------------------------------------------------------
Your processor's name and Federal        Other processor's name, and
 fisheries or Federal processor permit.   Federal fisheries or Federal
                                          processor permit (if
                                          applicable).
------------------------------------------------------------------------

    (5)(i) Shipper Information. If documenting transfer of product away 
from your facility or transfer of product off of your vessel, the 
operator, manager, or IFQ Registered Buyer must enter your 
representative's name, telephone number, and FAX number, check 
``Shipper'' and:

------------------------------------------------------------------------
          If you are shipping                Enter under ``Shipper''
------------------------------------------------------------------------
(A) Non-IFQ groundfish.................  Your processor's name, Federal
                                          fisheries or Federal processor
                                          permit number.
(B) IFQ halibut, CDQ halibut or IFQ      IFQ Registered Buyer name and
 sablefish.                               permit number.
(C) Both non-IFQ groundfish and IFQ      Your processor's name and
 halibut, CDQ halibut or IFQ sablefish    Federal fisheries permit
 on the same PTR.                         number or Federal processor
                                          permit number; or your IFQ
                                          Registered Buyer's name and
                                          permit number.
------------------------------------------------------------------------

    (ii) Using descriptions from the following table, enter receiver 
information, date and time of product transfer, location of product 
transfer e.g., port, position coordinates, or city), mode of 
transportation, and intended route.

----------------------------------------------------------------------------------------------------------------
                                                                  Then enter ...
                                 -------------------------------------------------------------------------------
 If you are the shipper and ...                                                                     Mode of
                                       Receiver         Date & Time of        Location of      Transportation &
                                                       Product Transfer    Product Transfer     Intended Route
----------------------------------------------------------------------------------------------------------------
(A) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves one van,        Federal fisheries   shipment leaves     product transfer.   shipping company;
 truck, or vehicle.                or Federal          the plant.                              destination city
                                   processor permit                                            and state or
                                   number (if any).                                            foreign country.
(B) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves multiple vans   Federal fisheries   loading of vans     product transfer.   shipping company;
 or trucks.                        or Federal          or trucks is                            destination city
                                   processor permit    completed each                          and state or
                                   number (if any).    day.                                    foreign country.
(C) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves one airline     Federal fisheries   shipment leaves     product transfer.   airline company;
 flight.                           or Federal          the plant.                              destination
                                   processor permit                                            airport city and
                                   number (if any).                                            state.
(D) Receiver is on land and       Receiver name and   Date and time of    Port or city of     Name of the
 transfer involves multiple        Federal fisheries   shipment when the   product transfer.   airline
 airline flights.                  or Federal          last airline                            company(s);
                                   processor permit    flight of the day                       destination
                                   number (if any).    leaves.                                 airport(s) city
                                                                                               and state.
(E) Receiver is a vessel and      Vessel name and     Start and finish    Transfer position   The first
 transfer occurs at sea.           call sign.          dates and times     coordinates in      destination of
                                                       of transfer.        latitude and        the vessel.
                                                                           longitude, in
                                                                           degrees and
                                                                           minutes.

[[Page 3502]]

 
(F) Receiver is a vessel and      Vessel name and     Start and finish    Port or position    The first
 transfer takes place in port.     call sign.          dates and times     of product          destination of
                                                       of transfer.        transfer.           the vessel.
(G) Receiver is an agent (buyer,  Agent name and      Transfer start and  Port, city, or      Name (if
 distributor, or shipping agent)   location (city,     finish dates and    position of         available) of the
 and transfer is in a              state).             times.              product transfer.   vessel
 containerized van.                                                                            transporting the
                                                                                               van; destination
                                                                                               port.
(H) You are aggregating           ``RETAIL SALES''..  Time of the first   Port or city of     n/a.
 individual retail sales for                           sale of the day;    product transfer.
 human consumption in quantities                       time of the last
 less than 10 lb (0.0045 mt) per                       sale of the day.
 sale during a day onto one PTR.
(I) You are aggregating           ``BAIT SALES''....  Time of the first   Port or city of     n/a/.
 individual bait sales during a                        sale of the day;    product transfer.
 day onto one PTR (non-IFQ                             time of the last
 groundfish only).                                     sale of the day.
(J) Non-IFQ Groundfish only. You  ``WHOLESALE         Time of the first   Port or city of     n/a.
 are aggregating wholesale non-    SALES''.            sale of the day;    product transfer.
 IFQ groundfish product sales by                       time of the last
 species during a single day                           sale of the day.
 onto one PTR and maintaining
 invoices detailing destinations
 for all of the product for
 inspection by an authorized
 officer.
----------------------------------------------------------------------------------------------------------------

    (6) Products shipped or received. The operator, manager, or IFQ 
Registered Buyer must record the following information for each product 
transferred:
    (i) Species code and product code. The species code and product 
code (Tables 1 and 2 to this part).
    (ii) Species weight. Use only if recording two or more species with 
one or more product types contained within the same production unit. 
Enter the actual scale weight of each product of each species to the 
nearest kilogram or pound (indicate which). If not applicable, enter 
``n/a'' in the species weight column. If using more than one line to 
record species in one carton, use a brace ``{time} '' to tie the carton 
information together.
    (iii) Number of units. Total number of production units (blocks, 
trays, pans, individual fish, boxes, or cartons; if iced, enter number 
of totes or containers).
    (iv) Unit weight. Unit weight (average weight of single production 
unit as listed in ``No. of Units'' less packing materials) for each 
species and product code in kilograms or pounds (indicate which).
    (v) Total weight. Total weight for each species and product code of 
shipment less packing materials in kilograms or pounds (indicate 
which).
    (7) Total or partial offload. (i) If a mothership or catcher/
processor, the operator must indicate whether the transfer is a total 
or partial offload.
    (ii) If a partial offload, for the products remaining on board 
after the transfer, the operator must enter: species code, product 
code, and total product weight to the nearest kilogram or pound 
(indicate which) for each product.
* * * * *
    (k) U.S. Vessel Activity Report (VAR)--(1) Who needs to submit a 
VAR?--(i) Fish or fish product onboard. Except as noted in paragraph 
(k)(1)(iv) of this section, the operator of a catcher vessel greater 
than 60 ft (18.3 m) LOA, a catcher/processor, or a mothership required 
to hold a Federal fisheries permit issued under this part and carrying 
fish or fish product onboard must complete and submit a VAR by FAX or 
electronic file to OLE, Juneau, AK (907-586-7313) before the vessel 
crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-
Canadian international boundary between Alaska and British Columbia.
    (ii) Combination of non-IFQ groundfish, IFQ halibut, CDQ halibut, 
and IFQ sablefish. If a vessel is carrying non-IFQ groundfish and IFQ 
halibut, CDQ halibut or IFQ sablefish, the operator must submit a VAR 
in addition to an IFQ Departure Report per paragraph (l)(4) of this 
section.
    (iii) Revised VAR. If fish or fish products are landed at a port 
other than the one specified on the VAR, the vessel operator must 
submit a revised VAR showing the actual port of landing before any fish 
are offloaded.
    (iv) Exemption: IFQ Departure Report. If a vessel is carrying only 
IFQ halibut, CDQ halibut, or IFQ sablefish onboard and the operator has 
submitted an IFQ Departure Report per paragraph (l)(4) of this section, 
a VAR is not required.
    (2) Information required. Whether original or revised VAR; name and 
Federal fisheries permit number of vessel; type of vessel (whether 
catcher vessel, catcher/processor, or mothership); and representative 
information (see paragraph (b)(2) of this section).
    (i) Return report. ``Return,'' for purposes of this paragraph, 
means returning to Alaska. If the vessel is crossing into the seaward 
boundary of the EEZ off Alaska or crossing the U.S.-Canadian 
international boundary between Alaska and British Columbia into U.S. 
waters, indicate a ``return'' report and enter:

[[Page 3503]]

    (A) Intended Alaska port of landing (see Table 14 to this part);
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross;
    (C) The estimated position coordinates the vessel will cross.
    (ii) Depart report. ``Depart'' means leaving Alaska. If the vessel 
is crossing out of the seaward boundary of the EEZ off Alaska or 
crossing the U.S.-Canadian international boundary between Alaska and 
British Columbia into Canadian waters, indicate a ``depart'' report and 
enter:
    (A) The intended U.S. port of landing or country other than the 
United States;
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross;
    (C) The estimated position coordinates in latitude and longitude 
the vessel will cross.
    (iii) The Russian Zone. Indicate whether your vessel is returning 
from fishing in the Russian Zone or is departing to fish in the Russian 
Zone.
    (iv) Fish or fish products. For all fish or fish products 
(including non-groundfish) on board the vessel, enter: Harvest zone 
code; species codes; product codes; and total fish product weight in 
lbs or to the nearest 0.001 mt.
    (l) IFQ halibut, CDQ halibut or IFQ sablefish recordkeeping and 
reporting. In addition to the recordkeeping and reporting requirements 
in this section and as prescribed in the annual management measures 
published in the Federal Register pursuant to Sec.  300.62 of this 
title, the following reports and authorizations are required, when 
applicable: IFQ Prior Notice of Landing, Product Transfer Report (see 
Sec.  679.5(g) of this section), IFQ Landing Report, IFQ Transshipment 
Authorization, and IFQ Departure Report.
    (1) IFQ Prior Notice of Landing (PNOL)--(i) Time limits and 
submittal. (A) Except as provided in paragraph (l)(1)(iv) of this 
section, the operator of any vessel making an IFQ landing must notify 
OLE, Juneau, AK, no fewer than 3 hours before landing IFQ halibut or 
IFQ sablefish, unless permission to commence an IFQ landing within 3 
hours of notification is granted by a clearing officer.
    (B) A PNOL must be made to the toll-free telephone number 800-304-
4846 or to 907-586-7163 between the hours of 0600 hours, A.l.t., and 
2400 hours, A.l.t.
    (ii) Revision to PNOL. The operator of any vessel wishing to land 
IFQ halibut or IFQ sablefish before the date and time (A.l.t.) reported 
in the PNOL or later than 2 hours after the date and time (A.l.t.) 
reported in the PNOL must submit a new PNOL as described in paragraphs 
(l)(1)(i) and (iii) of this section.
    (iii) Information required. A PNOL must include the following:
    (A) Vessel name and ADF&G vessel registration number;
    (B) Port of landing and port code from Table 14 to this part;
    (C) Exact location of landing within the port (i.e., dock name, 
harbor name, facility name, or geographical coordinates);
    (D) The date and time (A.l.t.) that the landing will take place;
    (E) Species and estimated weight (in pounds) of the IFQ halibut or 
IFQ sablefish that will be landed;
    (F) IFQ regulatory area(s) in which the IFQ halibut or IFQ 
sablefish were harvested; and
    (G) IFQ permit number(s) that will be used to land the IFQ halibut 
or IFQ sablefish and Registered Buyer name.
    (iv) Exemption. An IFQ landing of halibut of 500 lb or less of IFQ 
weight determined pursuant to Sec.  679.42(c)(2) and concurrent with a 
legal landing of salmon or a legal landing of lingcod harvested using 
dinglebar gear is exempt from the PNOL required by this section.
    (2) IFQ landing report--(i) Requirements--(A) All IFQ catch 
debited. All IFQ halibut, CDQ halibut, and IFQ sablefish catch must be 
weighed and debited from the IFQ permit holder's account under which 
the catch was harvested.
    (B) Single offload site for halibut. The vessel operator who lands 
IFQ halibut or CDQ halibut must continuously and completely offload at 
a single offload site all halibut on board the vessel.
    (C) Single offload site for sablefish. The vessel operator who 
lands IFQ sablefish must continuously and completely offload at a 
single offload site all sablefish on board the vessel.
    (D) Remain at landing site. Once landing operations have commenced, 
the IFQ cardholder and the harvesting vessel may not leave the landing 
site until the IFQ account is properly debited (as defined in paragraph 
(l)(2)(iv)(D) of this section).
    (E) No movement of IFQ halibut, CDQ halibut, or IFQ sablefish. The 
offloaded IFQ halibut, CDQ halibut, or IFQ sablefish may not be moved 
from the landing site until the IFQ Landing Report is received by OLE, 
Juneau, AK, and the IFQ cardholder's account is properly debited (as 
defined in paragraph (l)(2)(iv)(D) of this section).
    (ii) Time limits. (A) A landing of IFQ halibut, CDQ halibut, or IFQ 
sablefish may commence only between 0600 hours, A.l.t., and 1800 hours, 
A.l.t., unless permission to land at a different time (waiver) is 
granted in advance by a clearing officer.
    (B) A Registered Buyer must submit a completed IFQ Landing Report 
within 6 hours after all IFQ halibut, CDQ halibut, or IFQ sablefish are 
landed and prior to shipment or transfer of said fish from the landing 
site.
    (iii) Information required. The Registered Buyer must enter 
accurate information contained in a complete IFQ Landing Report as 
follows:
    (A) Date and time (A.l.t.) of the IFQ landing;
    (B) Location of the IFQ landing (port code or if at sea, lat. and 
long.);
    (C) Name and permit number of the IFQ card holder;
    (D) Name and permit number of Registered Buyer receiving the IFQ 
species;
    (E) The harvesting vessel's name and ADF&G vessel registration 
number;
    (F) Gear type used to harvest IFQ species;
    (G) Alaska State fish ticket number(s) for the landing;
    (H) ADF&G statistical area of harvest reported by the IFQ 
cardholder;
    (I) If ADF&G statistical area is bisected by a line dividing two 
IFQ regulatory areas, the IFQ regulatory area of harvest reported by 
the IFQ cardholder;
    (J) For each ADF&G statistical area of harvest, the species codes, 
product codes, and initial accurate scale weight (in pounds or to the 
nearest thousandth of a metric ton) made at the time of offloading for 
IFQ species sold and retained. Exception: if the vessel operator is the 
Registered Buyer reporting the IFQ landing, the accurate weight of IFQ 
sablefish processed product obtained before the offload may be 
substituted for the initial accurate scale weight at time of offload.
    (K) Whether ice and slime are present on the fish as offloaded from 
the vessel. Fish which have been washed prior to weighing or which have 
been offloaded from refrigerated salt water are not eligible for a 2-
percent deduction for ice and slime and must indicate NO SLIME & ICE.
    (L) If IFQ halibut is incidental catch concurrent with legal 
landing of salmon or concurrent with legal landing of lingcod harvested 
using dinglebar gear.
    (M) After the Registered Buyer enters the landing data in the 
transaction terminal or the Internet submission form(s) and a receipt 
is printed, the Registered Buyer, or his/her representative, and the 
IFQ cardholder must sign the receipt(s) to acknowledge the accuracy of 
the Landing Report.
    (iv) Submittals--(A) Transaction terminal. Except as indicated in 
paragraphs (l)(2)(iv)(B) and (C) of this

[[Page 3504]]

section, electronic Landing Reports must be submitted to OLE, Juneau, 
AK, using magnetic strip cards issued by NMFS, Alaska Region, and 
transaction terminals with printers driven by custom-designed software 
as provided and/or specified by NMFS, Alaska Region. The Registered 
Buyer must locate or procure a transaction terminal and report as 
required. The IFQ cardholder must initiate a Landing Report by using 
his or her own magnetic card and personal identification number (PIN).
    (B) Internet. Electronic Landing Reports may be submitted to OLE, 
Juneau, AK, using Internet submission methods as provided and/or 
specified by NMFS, Alaska Region. It is the responsibility of the 
Registered Buyer to obtain at his or her own expense, hardware, 
software and Internet connectivity to support Internet submissions and 
report as required.
    (C) Manual landing report. Waivers from the transaction terminal or 
Internet reporting requirement can only be granted in writing on a 
case-by-case basis by a local clearing officer. If a waiver is granted, 
manual landing instructions must be obtained from OLE, Juneau, AK, at 
800-304-4846. Registered Buyers must complete and submit manual Landing 
Reports by FAX to OLE, Juneau, AK, at 907-586-7313. When a waiver is 
issued, the following additional information is required: Whether the 
manual Landing Report is an original or revised; and name, telephone 
number, and FAX number of individual submitting the manual Landing 
Report.
    (D) Properly debited landing. A properly concluded transaction 
terminal receipt, printed Internet submission receipt, or manual 
Landing Report receipt received by FAX from OLE, Juneau, AK, and signed 
by an OLE representative constitutes confirmation that OLE received the 
Landing Report and that the cardholder's account was properly debited.
    (3) Transshipment authorization. (i) No person may transship 
processed IFQ halibut or IFQ sablefish between vessels without 
authorization by a local clearing officer. Authorization from a local 
clearing officer must be obtained for each instance of transshipment at 
least 24 hours before the transshipment is intended to commence.
    (ii) Information required. To obtain a Transshipment Authorization, 
the vessel operator must provide the following information to the 
clearing officer:
    (A) Date and time (A.l.t.) of transshipment;
    (B) Location of transshipment;
    (C) Name and ADF&G vessel registration number of vessel offloading 
transshipment;
    (D) Name of vessel receiving the transshipment;
    (E) Product destination;
    (F) Species and product type codes;
    (G) Total product weight;
    (H) Time (A.l.t.) and date of the request;
    (I) Name, telephone number, FAX number (if any) for the person 
making the request.
    (4) IFQ Departure Report--(i) General Requirements--(A) Time limit 
and submittal. A vessel operator who intends to make an IFQ halibut, 
CDQ halibut, or IFQ sablefish landing at any location other than in an 
IFQ regulatory area or in the State of Alaska must submit an IFQ 
Departure Report, by telephone, to OLE, Juneau, AK, at 800-304-4846 or 
907-586-7163 between the hours of 0600 hours, A.l.t., and 2400 hours, 
A.l.t.
    (B) Completion of fishing. A vessel operator must submit an IFQ 
Departure Report after completion of all fishing and prior to departing 
the waters of the EEZ adjacent to the jurisdictional waters of the 
State of Alaska, the territorial sea of the State of Alaska, or the 
internal waters of the State of Alaska when IFQ halibut, CDQ halibut, 
or IFQ sablefish are on board.
    (C) IFQ Registered Buyer permit. A vessel operator submitting an 
IFQ Departure Report must have an IFQ Registered Buyer permit.
    (D) First landing of any species. A vessel operator submitting an 
IFQ Departure Report must submit IFQ Landing Reports for all IFQ 
halibut, CDQ halibut, and IFQ sablefish on board at the same time and 
place as the first landing of any IFQ species.
    (E) IFQ permits on board. A vessel operator submitting an IFQ 
Departure Report must ensure that one or more IFQ cardholders are on 
board with enough remaining IFQ balance to harvest amounts of IFQ 
halibut, CDQ halibut or IFQ sablefish equal to or greater than all IFQ 
halibut, CDQ halibut and IFQ sablefish on board.
    (ii) Required information. When submitting an IFQ Departure Report, 
the vessel operator must provide the following information:
    (A) Intended date, time (A.l.t.), and location of landing;
    (B) Vessel name and ADF&G registration number;
    (C) Vessel operator's name and IFQ Registered Buyer permit number;
    (D) Halibut IFQ Permit numbers and sablefish IFQ Permit numbers of 
IFQ cardholders on board;
    (E) Halibut Regulatory Areas or Sablefish Regulatory Areas of 
harvest or both;
    (F) Estimated total weight of IFQ halibut or CDQ halibut on board 
(lb/kg/mt);
    (G) Estimated total weight of IFQ sablefish on board (lb/kg/mt).
    (5) Landing verification, inspection and record retention--(i) 
Verification and inspection. Each IFQ landing and all fish retained on 
board the vessel making an IFQ landing are subject to verification and 
inspection by authorized officers.
    (ii) Record retention. The IFQ cardholder must retain a legible 
copy of all Landing Report receipts and the Registered Buyer must 
retain a copy of all reports and receipts required by this section and 
make them available for inspection by an authorized officer:
    (A) Until the end of the fishing year during which the records were 
made and for as long thereafter as fish or fish products recorded are 
retained; and
    (B) Upon request of an authorized officer for 3 years after the end 
of the fishing year during which the records were made.
    (6) Sampling--(i) Each IFQ halibut landing and all fish retained on 
board a vessel making an IFQ landing are subject to sampling by NMFS-
authorized observers.
    (ii) Each IFQ halibut landing is subject to sampling for biological 
information by persons authorized by the IPHC.
* * * * *
    5. In Sec.  679.7, paragraphs (f)(6) and (f)(12) are revised to 
read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (f) * * *
    (6) Landing--(i) IFQ or CDQ card. Make an IFQ halibut, IFQ 
sablefish, or CDQ halibut landing without an IFQ or CDQ card in the 
name of the individual making the landing.
    (ii) Hired master. Make an IFQ halibut, IFQ sablefish, or CDQ 
halibut landing without an IFQ or CDQ card listing the name of the 
hired master and the name of the vessel making the landing.
* * * * *
    (12) Commence an IFQ landing without a Prior Notice of Landing 
(PNOL), before the date and time stated on the PNOL, or more than 2 
hours after the date and time stated on the PNOL, except as provided in 
Sec.  679.5(l)(1).
* * * * *
    6. In Sec.  679.32, paragraph (f)(2)(iv) is revised to read as 
follows:

[[Page 3505]]

Sec.  679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (f) * * *
    (2) * * *
    (iv) Landings. A person may land halibut CDQ only if he or she has 
a valid CDQ card, and that person may deliver halibut CDQ only to a 
person with a valid Registered Buyer permit. The person holding the 
halibut CDQ card and the Registered Buyer must comply with the 
requirements of Sec.  679.5(g) and (l).
* * * * *
    7. In Sec.  679.42, paragraphs (a), (c)(1)(ii), (c)(1)(iv), and 
(c)(2)(i) are revised to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

    (a) IFQ regulatory area and vessel category. (1) The QS or IFQ 
specified for one IFQ regulatory area must not be used in a different 
IFQ regulatory area.
    (2) Except as provided in Sec.  679.41(i)(1) of this part, the IFQ 
assigned to one vessel category must not be used to harvest IFQ species 
on a vessel of a different vessel category.
    (3) Notwithstanding Sec.  679.40(a)(5)(ii), IFQ assigned to vessel 
Category B must not be used on any vessel less than or equal to 60 ft 
(18.3 m) LOA to harvest IFQ halibut in IFQ regulatory area 2C or IFQ 
sablefish in the IFQ regulatory area east of 140[deg] W. long. unless 
such IFQ derives from blocked QS units that result in IFQ of less than 
5,000 lb (2.268 mt), based on the 1996 TAC for fixed gear specified for 
the IFQ halibut fishery and the IFQ sablefish fishery in each of these 
two regulatory areas.
* * * * *
    (c) * * *
    (1) * * *
    (ii) Be aboard the vessel at all times during the fishing trip and 
present during the landing.
* * * * *
    (iv) Sign the IFQ Landing Report required by Sec.  
679.5(l)(2)(iii)(M) or Sec.  679.5(l)(2)(iv)(C).
    (2) * * *
    (i) Except as provided in Sec.  679.5(l)(2)(iii)(J), if offload of 
unprocessed IFQ halibut, CDQ halibut or IFQ sablefish from a vessel, 
the scale weight of the halibut or sablefish product actually measured 
at the time of offload, as required by Sec.  679.5(l)(2)(iii) to be 
included in the IFQ Landing Report.
* * * * *
    8. In Sec.  679.43, paragraph (c)is revised to read as follows:


Sec.  679.43  Determinations and appeals.

* * * * *
    (c) Submission of appeals. Appeals must be in writing and must be 
mailed to the: National Marine Fisheries Service, Office of 
Administrative Appeals (OAA), P. O. Box 21668, Juneau, AK 99802-1668, 
or delivered to National Marine Fisheries Service, Attention: Appeals 
(OAA), 709 W. 9th Street, Room 453, Juneau, AK 99801.
* * * * *
    9. In part 679, Tables 14a, 14b, and 14c are revised to read as 
follows:

        Table 14a to Part 679. Port of Landing Codes, Alaska \1\
------------------------------------------------------------------------
              Port name                 NMFS code        ADF&G code
------------------------------------------------------------------------
Adak.................................        186   ADA
Akutan...............................        101   AKU
Akutan Bay...........................        102   .....................
Alitak...............................        103   ALI
Anchor Point.........................        104   .....................
Anchorage............................        105   ANC
Angoon...............................        106   ANG
Aniak................................  ..........  ANI
Anvik................................  ..........  ANV
Atka.................................        107   ATK
Auke Bay.............................        108   .....................
Baranof Warm Springs.................        109   .....................
Beaver Inlet.........................        110   .....................
Bethel...............................  ..........  BET
Captains Bay.........................        112   .....................
Chefornak............................        189   .....................
Chignik..............................        113   CHG
Chinitna Bay.........................        114   .....................
Cordova..............................        115   COR
Craig................................        116   CRG
Dillingham...........................        117   DIL
Douglas..............................        118   .....................
Dutch Harbor/Unalaska................        119   DUT
Edna Bay.............................        121   .....................
Egegik...............................        122   EGE
Ekuk.................................  ..........  EKU
Elfin Cove...........................        123   ELF
Emmonak..............................  ..........  EMM
Excursion Inlet......................        124   XIP
False Pass...........................        125   FSP
Fairbanks............................  ..........  FBK
Galena...............................  ..........  GAL
Glacier Bay..........................  ..........  GLB
Glennallen...........................  ..........  GLN
Gustavus.............................        127   GUS
Haines...............................        128   HNS
Halibut Cove.........................        130   .....................
Hollis...............................        131   .....................
Homer................................        132   HOM
Hoonah...............................        133   HNH
Hooper Bay...........................        188   .....................
Hydaburg.............................  ..........  HYD
Hyder................................        134   HDR
Ikatan Bay...........................        135   .....................
Juneau...............................        136   JNU
Kake.................................        137   KAK
Kaltag...............................  ..........  KAL
Kasilof..............................        138   KAS
Kenai................................        139   KEN
Kenai River..........................        140   .....................
Ketchikan............................        141   KTN
King Cove............................        142   KCO
King Salmon..........................        143   KNG
Kipnuk...............................        144   .....................
Klawock..............................        145   KLA
Kodiak...............................        146   KOD
Kotzebue.............................  ..........  KOT
La Conner............................  ..........  LAC
Mekoryuk.............................        147   .....................
Metlakatla...........................        148   MET
Moser Bay............................  ..........  MOS
Naknek...............................        149   NAK
Nenana...............................  ..........  NEN
Nikiski (or Nikishka)................        150   NIK
Ninilchik............................        151   NIN
Nome.................................        152   NOM
Nunivak Island.......................  ..........  NUN
Old Harbor...........................        153   OLD
Other Alaska \1\.....................        499   UNK
Pelican..............................        155   PEL
Petersburg...........................        156   PBG
Point Baker..........................        157   .....................
Port Alexander.......................        158   PAL
Port Armstrong.......................  ..........  PTA
Port Bailey..........................        159   PTB
Port Graham..........................        160   GRM
Port Lions...........................  ..........  LIO
Port Moller..........................  ..........  MOL
Port Protection......................        161   .....................
Portage Bay (Petersburg).............        162   .....................
Quinhagak............................        187   .....................
Resurrection Bay.....................        163   .....................
Sand Point...........................        164   SPT
Savoonga.............................        165   .....................
Seldovia.............................        166   SEL
Seward...............................        167   SEW
Sitka................................        168   SIT
Skagway..............................        169   SKG
Soldotna.............................  ..........  SOL
St. George...........................        170   STG
St. Lawrence.........................        171   .....................
St. Mary.............................  ..........  STM
St. Paul.............................        172   STP
Tee Harbor...........................        173   .....................
Tenakee Springs......................        174   TEN
Thorne Bay...........................        175   .....................
Togiak...............................        176   TOG
Toksook Bay..........................        177   .....................
Tununak..............................        178   .....................
Ugadaga Bay..........................        179   .....................
Ugashik..............................  ..........  UGA
Unalakleet...........................  ..........  UNA
Valdez...............................        181   VAL
Wasilla..............................  ..........  WAS
West Anchor Cove.....................        182   .....................
Whittier.............................        183   WHT
Wrangell.............................        184   WRN
Yakutat..............................        185   YAK
------------------------------------------------------------------------
\1\ To report a landing at a location not currently assigned a location
  code number: use the code for ``Other'' for the state or country at
  which the landing occurs and notify NMFS of the actual location so
  that the list may be updated. For example, to report a landing for
  Levelock, Alaska if there is currently no code assigned, use ``499''
  ``Other, AK''.


[[Page 3506]]


   Table 14b to Part 679.--Port of Landing Codes: California, Oregon,
                                 Canada
------------------------------------------------------------------------
              Port name                 NMFS code        ADF&G code
------------------------------------------------------------------------
California:
  Eureka.............................        500   EUR
  Fort Bragg.........................        501   .....................
  Other California...................        599   .....................
Oregon:
  Astoria............................        600   AST
  Lincoln City.......................        602   .....................
  Newport............................        603   NPT
  Olympia............................  ..........  OLY
  Portland...........................  ..........  POR
  Warrenton..........................        604   .....................
  Other Oregon.......................        699   .....................
Canada:
  Port Edward........................        800   .....................
  Port Hardy.........................        801   .....................
  Prince Rupert......................        802   PRU
  Vancouver..........................        803   .....................
  Other Canada.......................        899   .....................
------------------------------------------------------------------------


        Table 14c to Part 679.--Washington Port of Landing Codes
------------------------------------------------------------------------
              Port name                 NMFS code        ADF&G code
------------------------------------------------------------------------
Anacortes............................        700   ANA
Bellevue.............................        701   .....................
Bellingham...........................        702   .....................
Blaine...............................  ..........  BLA
Edmonds..............................        703   .....................
Everett..............................        704   .....................
Fox Island...........................        706   .....................
Ilwaco...............................        707   .....................
La Conner............................        708   LAC
Mercer Island........................        709   .....................
Nagai Island.........................        710   .....................
Port Angeles.........................        711   .....................
Port Orchard.........................        712   .....................
Port Townsend........................        713   .....................
Rainier..............................        714   .....................
Seattle..............................        715   SEA
Tacoma...............................  ..........  TAC
Other Washington.....................        799   .....................
------------------------------------------------------------------------

[FR Doc. 03-704 Filed 1-23-03; 8:45 am]
BILLING CODE 3510-22-P