[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Rules and Regulations]
[Pages 44473-44488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19132]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021213310-3170-02; I.D. 101702B]
RIN 0648-AP92


Individual Fishing Quota (IFQ) Program for Pacific Halibut and 
Sablefish; Amendment 72/64 To Revise Recordkeeping and Reporting 
Requirements

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to 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 will 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 (Magnuson-Stevens Act) with 
respect to sablefish and to further the goals and objectives of the 
groundfish Fishery Management Plans (FMPs).

DATES: This regulation becomes effective on August 28, 2003.

ADDRESSES: Copies of the Regulatory Impact Review/Final Regulatory 
Flexibility Analysis (RIR/FRFA) prepared for Amendment 72/64 may be 
obtained from Lori Durall, NMFS, Alaska Region, P.O. Box 21668, Juneau, 
AK 99802, 907-586-7247. Send comments on collection-of-information 
requirements to the same address and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer). Comments may also be sent via 
facsimile (fax) to 907-586-7465. Comments will not be accepted if 
submitted via e-mail or the Internet.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
Exclusive Economic Zone (EEZ) off Alaska according to fishery 
management plans (FMPs) 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.
    The commercial halibut fishery in and off Alaska is managed under 
the Individual Fishing Quota (IFQ) program and the Western Alaska 
Community Development Quota (CDQ) program codified at 50 CFR part 679. 
The IFQ Program, a limited access management system for the fixed gear 
Pacific halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma 
fimbria) fisheries in and 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 and the CDQ 
program for halibut are implemented by Federal regulations promulgated 
under the authority of the Halibut Act.

Purpose and Need for Amendment 72/64

    This action amends the regulatory text for some of the 
Recordkeeping and Reporting (R&R) requirements for the groundfish 
fishery, the IFQ program for halibut and sablefish, and the CDQ program 
for halibut. Revisions are made to the regulatory text to accommodate 
the procedural changes.

IFQ Vessel Clearance

    Currently, regulations require that vessels with IFQ halibut or 
sablefish catch leaving the jurisdiction of the Council check in with 
NOAA Fisheries Office for Law Enforcement (OLE) at a certified 
``primary'' port and have the vessel's hold sealed prior to departure. 
OLE personnel are not currently able to effectively determine catch 
quantity at the primary port and are unable to seal a vessel's hold 
without compromising vessel safety. The requirement for a Vessel 
Clearance is removed with this action.

IFQ Shipment Report and Product Transfer Report (PTR)

    The function of the shipment report and the PTR is to document the 
movement of fish product. The PTR was designed for completion by a 
processor manager or operator to report to NMFS the movement of 
groundfish. The shipment report was designed for completion by a 
Registered Buyer to report to NMFS the movement of IFQ halibut, CDQ 
halibut and IFQ sablefish. In many cases, the manager or operator of a 
processor is also a Registered Buyer. The regulations require that both 
forms be completed, regardless of any duplication of effort. This 
action consolidates the shipment report into the PTR. The result is 
that the operator or manager that is also a Registered Buyer can 
document all fish in a shipment on one form. The revised PTR also works 
for the participant that is only an operator, manager or a Registered 
Buyer. The result for NMFS is one standard form. This action eliminates 
the shipment report and allows the collection of necessary information 
with fewer paperwork requirements.

IFQ Prior Notice of Landing (PNOL)

    In the IFQ program, fishers are required to notify OLE before IFQ 
species are offloaded. This requirement provides OLE agents and 
officers the time necessary to travel to unmanned ports throughout 
Alaska to monitor specific IFQ offloads and to gather specifics about a 
vessel's catch prior to landing. In addition, the PNOL helps 
International Pacific Halibut Commission (IPHC) port samplers meet and 
interview the skipper during the offload and allows port samplers to 
optimally sample the landings and collect logbook information.
    The PNOL is made by toll-free telephone to OLE a minimum of six 
hours before landing fish. As part of the PNOL, fishers must name the 
Registered

[[Page 44474]]

Buyer to whom they plan to deliver their fish.
    This rule changes the time limit for the PNOL from 6 hours to 3 
hours before landing. This action relieves restrictions on vessel 
operators by providing them additional time to seek markets prior to 
reporting the time and location of a landing. This rule also changes 
the requirement from naming a specific Registered Buyer to naming the 
place of landing. Requiring vessel operators to report a ``location of 
landing'' rather than a ``Registered Buyer'' provides shoreside data-
collection and OLE personnel with the location of the landing while not 
requiring a vessel to deliver to a specific processor. This provides 
vessels additional flexibility to market their product.

IFQ Departure Report

    The departure report was created as a prerequisite notice to a 
vessel clearance. If a vessel operator intended to obtain a vessel 
clearance at Bellingham, Washington, he or she would first submit an 
IFQ departure report to an OLE clearing officer by toll-free telephone. 
The IFQ departure report was submitted only after completion of all IFQ 
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. 
This action removes the vessel clearance, and thus changes the function 
of the departure report. Instead of being a prerequisite to a vessel 
clearance, the departure report now will be the complete report 
submitted to OLE by a vessel leaving the jurisdiction of the Council.

U.S. Vessel Activity Report (VAR)

    A fisher is required to submit a VAR if his or her vessel is 
carrying fish or fish product onboard before the vessel crosses out of 
the jurisdiction of the Council. Some changes are made to the 
regulatory text for this form to incorporate ``CDQ halibut'' and to 
compensate for the removal of the vessel clearance.

Response to Comments

    A Notice of Availability of Amendment 72/64 was published in the 
Federal Register on October 29, 2002 (67 FR 65941), inviting comments 
on the FMP amendment through December 27, 2002. NMFS received no 
comments. On January 24, 2003, the Secretary of Commerce approved 
Amendment 72/64 in its entirety.
    NMFS published a proposed rule in the Federal Register on January 
24, 2003 (68 FR 3485), which described the proposed regulatory 
amendment and invited comments from the public. No public comments were 
received on the proposed rule.

Changes from the Proposed Rule

    Some technical, non-substantive changes are made in the final rule 
that were not presented in the proposed rule. These changes are the 
result of further review, intended to improve the rule for final 
publication. Fishery participants have requested guidance from NMFS on 
where to find separate R&R procedures for groundfish, IFQ and CDQ 
programs, as these programs become more integrated and thus more 
complicated. Overviews are provided of the three programs to assist the 
reader to find detailed information on specific programs. Clarification 
is provided on where to find information that already exists in 
different parts of the regulations.
    The changes from the proposed rule are organized in three 
categories. Each of the three categories affects many paragraphs. The 
affected paragraphs are arranged below in order of appearance in the 50 
CFR part 679 regulatory text.

CDQ Halibut

    The IFQ and CDQ permits and cards are issued separately, under the 
IFQ Program and the CDQ Program. However, the IFQ halibut, CDQ halibut, 
and IFQ sablefish fisheries are managed and monitored by the IFQ 
Program. The Registered Buyer permit authorizes receipt of CDQ halibut 
in the same manner as receipt of IFQ halibut or IFQ sablefish. Some of 
the revisions clarify the administrative procedures that currently 
exist for halibut accounting in the IFQ Program and in the CDQ Program 
but which do not appear in regulatory text. Wherever CDQ halibut 
formerly was ``understood'' to be included in the phrase IFQ halibut, 
the regulatory text is revised to specifically state ``CDQ halibut.'' 
In addition, a distinction is made between ``halibut CDQ,'' which is a 
type of fish allocation and ``CDQ halibut,'' which is a type of fish. 
CDQ halibut is treated the same administratively as IFQ halibut, and 
has been since the beginning of the CDQ halibut program. The following 
table 1 shows how CDQ halibut changes are incorporated into the 
regulatory text.

                   Table 1.--Changes to Regulatory Text Due to the Addition of ``CDQ Halibut''
----------------------------------------------------------------------------------------------------------------
               Paragraph                                From                                  To
----------------------------------------------------------------------------------------------------------------
Revise Sec.   679.2, definition for     Transfer of IFQ transfer of IFQ      Transfer of IFQ halibut, CDQ
 ``dockside sale''.                      sablefish.                           halibut or IFQ sablefish.
---------------------------------------
Revise Sec.   679.2, definition of      (1) Groundfish fisheries of the GOA  (1) Groundfish fisheries of the GOA
 ``Transfer''.                           and BSAI * * * of any groundfish     and BSAI * * * of any IFQ
                                         product * * *.                       groundfish product * * *
                                        (2) IFQ halibut, CDQ halibut, IFQ    (2) IFQ halibut and CDQ halibut
                                         sablefish. Any loading,              fisheries. Any loading,
                                         offloading, shipment or receipt of   offloading, or shipment of any IFQ
                                         any IFQ halibut, CDQ halibut, or     halibut or CDQ halibut product,
                                         IFQ sablefish product,
---------------------------------------
In the proposed rule, the wording of this definition was changed to read ``Any loading, offloading, shipment or
 receipt of any IFQ halibut, CDQ halibut, or IFQ sablefish product * * *'' This is incorrect because receipt of
 IFQ halibut or CDQ halibut is not considered a transfer, so the text is corrected in this rule to read ``Any
 loading, offloading, or shipment of any IFQ halibut or CDQ halibut product * * *'' The two subparagraphs of the
 definition of ``transfer'' are changed such that paragraph (1) refers to IFQ sablefish and any other
 groundfish, while paragraph (2) refers to IFQ halibut and CDQ halibut.
----------------------------------------------------------------------------------------------------------------
Revise Sec.   679.4(d)(3)(i)..........  To receive and make an IFQ landing   To receive and make an IFQ landing
                                         by an IFQ permit or card holder.     by an IFQ permit or card holder or
                                                                              to receive and make a CDQ halibut
                                                                              landing by a CDQ permit or
                                                                              cardholder.
---------------------------------------

[[Page 44475]]

 
Revise Sec.   679.4(d)(3)(ii)(B)......  Any person who harvests IFQ halibut  Any person who harvests IFQ
                                         or IFQ sablefish and transfers       halibut, CDQ halibut or IFQ
                                         such fish.                           sablefish and transfers such fish.
---------------------------------------
Revise Sec.   679.4(d)(6)(ii).........  Location of an IFQ landing and must  Location of an IFQ landing or CDQ
                                         be made available by the             halibut landing and must be made
                                         Registered Buyer's representative    available by an individual
                                         for inspection on request of any     representing the Registered Buyer
                                         authorized officer.                  for inspection on request of any
                                                                              authorized officer.
---------------------------------------
Add new Sec.   679.4(e)...............           Add new heading ``CDQ halibut permits and CDQ cards.''
---------------------------------------
Add new Sec.   679.4(e)(1)............                      Add new heading ``Requirements.''
---------------------------------------
Add new Sec.   679.4(e)(1)(i).........    The CDQ group, the operator of the vessel, the manager of a shoreside
                                           processor or stationary floating processor, and the Registered Buyer
                                           must comply with the requirements of this paragraph (e) and of Sec.
                                                         679.32(f) for the catch of CDQ halibut.
---------------------------------------
Redesignate Sec.   679.32(f)(2)(v) as   The CDQ group, vessel owner or       The CDQ group, vessel owner or
 Sec.   679.4(e)(1)(ii) and revise.      operator, and registered buyer       operator, and Registered Buyer are
                                         must comply with all of the IFQ      subject to all of the IFQ
                                         prohibitions at Sec.   679.7(f).     prohibitions at Sec.   679.7(f).
---------------------------------------
Redesignate Sec.   679.32(f)(2)(i)                                           ...................................
 through (iii) as Sec.   679.4(e)(2)
 through (4), respectively.
---------------------------------------
Redesignate Sec.   679.32(f)(2)(iv) as  Landings. A person may land CDQ      Landings. A person may land CDQ
 Sec.   679.4(e)(5) and revise.          halibut only if he or she has a      halibut only if he or she has a
                                         valid halibut CDQ card and that      valid halibut CDQ card. The
                                         person may deliver halibut CDQ       person(s) holding the halibut CDQ
                                         only to a person with a valid        card and the Registered Buyer must
                                         registered buyer permit. The         comply with the requirements of
                                         person holding the halibut CDQ       Sec.   679.5(g) and (l)(1) through
                                         card and the Registered Buyer must   (6).
                                         comply with the requirements of
                                         Sec.   679.5(l)(1) and (l)(2).
---------------------------------------
Redesignate Sec.   679.5(a)(1)(i) as    Who must comply with recordkeeping   Groundfish. Except as provided in
 paragraph (a)(1)(i)(A), and revise.     and reporting requirements? Except   paragraph (a)(1)(iii) of this
                                         as provided in paragraphs            section, the owner, operator, or
                                         (a)(1)(iii) and (iv) of this         manager of the following
                                         section, the owner, operator, or     participants must comply with the
                                         manager of the following             appropriate groundfish R&R
                                         participants must comply with the    requirements provided at Sec.
                                         recordkeeping and reporting          679.5(a) through (k), (m), (o),
                                         requirements of this section.        and (p); Sec.   679.28(b), (f),
                                                                              and (g).
---------------------------------------
Add new Sec.   679.5(a)(1)(i).........    Who must comply with R&R requirements? Participants in the groundfish
                                           fisheries, the IFQ fisheries, and the CDQ fisheries must comply with
                                         the appropriate R&R requirements of paragraphs (1)(i)(A) through (C) of
                                          this section. Sablefish are managed under both the IFQ Program and the
                                         Groundfish Program. As such, sablefish must be recorded and reported as
                                                          groundfish and also as IFQ sablefish.
---------------------------------------
Redesignate Sec.   679.5(a)(1)(i)(A)                                         ...................................
 through (E) as (a)(1)(i)(A)(1)
 through (5), respectively.
---------------------------------------
add new Sec.   679.5(a)(1)(i)(B)......     IFQ halibut and sablefish. The IFQ permit holder, IFQ cardholder, or
                                         Registered Buyer must comply with the R&R requirements provided at Sec.
                                                                  679.5(g), (k), and (l).
---------------------------------------
add new Sec.   679.5(a)(1)(i)(C)......   CDQ halibut. The CDQ permit holder, CDQ cardholder, or Registered Buyer
                                         must comply with the R&R requirements provided at Sec.   679.5(g), (k),
                                                         (l)(1) through (6), (n)(1), and (n)(2).
---------------------------------------
Revise Sec.   679.5(a)(15)............  IFQ/groundfish transfer comparison.  Transfer comparison. The operator,
                                         The operator, manager, or            manager, or Registered Buyer must
                                         Registered Buyer may refer to the    refer to the following table for
                                         following table for submittal,       submittal, issuance, and
                                         issuance, and possession             possession requirements for each
                                         requirements for each type of IFQ    type of transfer activity of non-
                                         or non-IFQ groundfish transfer       IFQ groundfish, IFQ halibut, IFQ
                                         activity. The locations of the       sablefish, and CDQ halibut.
                                         paragraphs that describe the
                                         requirements of each activity are
                                         also given.
---------------------------------------
Revise (a)(15) intext table...........   Column headings within intext table at (a)(15) are revised by removing
                                                                         ``IFQ.''
---------------------------------------
Revise Sec.   679.5(a)(15)(i).........  Non-IFQ groundfish and no IFQ        Non-IFQ groundfish and no IFQ
                                         product onboard (see Sec.            product or CDQ halibut product
                                         679.5(k)).                           onboard (see Sec.   679.5(k)).
---------------------------------------

[[Page 44476]]

 
Revise Sec.   679.5(a)(15)(ii)........  If a vessel leaving Alaska with IFQ  If a vessel leaving Alaska with IFQ
                                         sablefish or IFQ halibut, but no     sablefish, IFQ halibut, or CDQ
                                         other non-IFQ groundfish onboard     halibut but no other non-IFQ
                                         (see Sec.   679.5(l)(4)).            groundfish onboard (see Sec.
                                                                              679.5(l)(4)).
---------------------------------------
Revise Sec.   679.5(a)(15)(iii).......  If a vessel leaving Alaska with IFQ  If a vessel leaving Alaska with IFQ
                                         sablefish or IFQ halibut and other   sablefish, IFQ halibut, or CDQ
                                         non-IFQ groundfish onboard (see      halibut and other non-IFQ
                                         Sec.  Sec.   679.5(k) and            groundfish onboard (see Sec.  Sec.
                                         679.5(l)(4)).                          679.5(k) and 679.5(l)(4)).
---------------------------------------
Revise Sec.   679.5(a)(15)(v).........  Transfer of IFQ species from a       Transfer of IFQ species or CDQ
                                         Registered Buyer (see Sec.           halibut from a Registered Buyer
                                         679.5(g)).                           (see Sec.   679.5(g)).
---------------------------------------
Revise Sec.   679.5(a)(15)(vi)........  Transfer of IFQ species from IFQ     Transfer of IFQ species from IFQ
                                         Cardholder with an IFQ Registered    Cardholder or CDQ halibut from CDQ
                                         Buyer permit in a dockside sale      halibut with a Registered Buyer
                                         (see Sec.   679.5(l)(5)).            permit in a dockside sale (see
                                                                              Sec.   679.5(l)(5)).
---------------------------------------
Revise Sec.   679.5(a)(15)(vii).......  Transfer of IFQ Transfer species     Transfer of IFQ species or CDQ
                                         from landing site to IFQ             halibut from landing site to
                                         Registered Buyer's processing        Registered Buyer's processing
                                         facility (see Sec.                   facility (see Sec.
                                         679.5(g)(l)(vi)).                    679.5(g)(1)(vi)).
---------------------------------------
Revise Sec.   679.5(a)(15)(viii)......  Transfer of IFQ processed product    Transshipment of IFQ processed
                                         between vessels (see Sec.            product or CDQ halibut processed
                                         679.5(l)(3)).                        product between vessels (see Sec.
                                                                               679.5(l)(3)).
---------------------------------------
Revise footnote to intext table of      ``XX'' indicates that the document   ``XX'' indicates that the document
 Sec.   679.5(a)(15).                    must accompany the transfer of IFQ   must accompany the transfer of IFQ
                                         species from landing site to         transfer of CDQ halibut from
                                         processor.                           landing site to processor.
---------------------------------------
Revise footnote to intext table of      ``XXXX'' indicates authorization     ``XXXX'' indicates authorization
 Sec.   679.5(a)(15).                    must be obtained.                    must be obtained 24 hours in
                                                                              advance.
---------------------------------------
Revise Sec.   679.5(g)(1)(v)(A).......  A person holding a valid IFQ         A person holding a valid IFQ
                                         permit, IFQ card, and IFQ            permit, IFQ card, and Registered
                                         Registered Buyer permit may          Buyer permit may conduct a
                                         conduct a dockside sale of IFQ       dockside sale of IFQ halibut or
                                         halibut or IFQ sablefish to a        IFQ sablefish with a person who
                                         person who has not been issued a     has not been issued a Registered
                                         IFQ Registered Buyer.                Buyer permit after all IFQ fish
                                                                              have been landed and reported per
                                                                              Sec.   679.5(l).
---------------------------------------
Redesignate Sec.   679.5(g)(1)(v)(B)    An IFQ Registered Buyer conducting   A Registered Buyer conducting
 as (C) and revise.                      dockside sales must issue a          dockside sales must issue a
                                         receipt to each individual           receipt to each individual
                                         receiving IFQ halibut or IFQ         receiving IFQ halibut, CDQ
                                         sablefish in lieu of a PTR. This     halibut, or IFQ sablefish in lieu
                                         receipt must include the date of     of a PTR. This receipt must
                                         sale or transfer, the IFQ            include the date of sale or
                                         Registered Buyer permit number,      transfer, the Registered Buyer
                                         and the weight by product of the     permit number, and the weight by
                                         IFQ sablefish or IFQ halibut         product of the IFQ halibut, CDQ
                                         transferred.                         halibut or IFQ sablefish
                                                                              transferred. A copy of each
                                                                              dockside sales receipt must be
                                                                              maintained by the Registered Buyer
                                                                              as described in Sec.   679.5(l).
---------------------------------------
Add new Sec.   679.5(g)(1)(v)(B)......     A person holding a valid halibut CDQ permit, halibut CDQ card, and
                                         Registered Buyer permit may conduct a dockside sale of CDQ halibut with
                                           a person who has not been issued a Registered Buyer permit after all
                                              CDQ halibut have been landed and reported per Sec.   679.5(l).
---------------------------------------
Revise Sec.   679.5(g)(1)(vi).........  Exemption: transfer directly from     Exemption: transfer directly from
                                         the landing site to a processing     the landing site to a processing
                                         facility (IFQ only). A PTR is not    facility (CDQ halibut or IFQ
                                         required for transportation of       only). A PTR is not required for
                                         unprocessed IFQ species directly     transportation of unprocessed IFQ
                                         from the landing site to a           halibut, IFQ sablefish, and CDQ
                                         processing facility for processing   halibut directly from the landing
                                         the IFQ species, provided the        site to a facility for processing,
                                         following conditions are met:        provided the following conditions
                                                                              are met:
---------------------------------------
Revise Sec.   679.5(g)(1)(vi)(A)......  Accompanies the offloaded IFQ        Accompanies the offloaded IFQ
                                         species while in transit.            halibut, IFQ sablefish, and CDQ
                                                                              halibut while in transit.
---------------------------------------

[[Page 44477]]

 
Revise Sec.   679.5(g)(1)(vi)(C)......  For IFQ species transported in this  For IFQ halibut, IFQ sablefish, and
                                         manner, the IFQ Registered Buyer     CDQ halibut transported in this
                                         submitting the IFQ Landing Report    manner, the Registered Buyer
                                         must still complete a PTR for each   submitting the IFQ Landing Report
                                         transfer of IFQ halibut and IFQ      must still complete a PTR for each
                                         sablefish from the processing        transfer of IFQ halibut, CDQ
                                         facility.                            halibut and IFQ sablefish from the
                                                                              processing facility.
---------------------------------------
Remove Sec.   679.5(g)(3)(iii)........   This paragraph referred to boxes on the PTR that the participant was to
                                          mark indicating whether the fish onboard was groundfish, IFQ species,
                                          or CDQ halibut. This proved to be unrealistic because, by the time the
                                                   fish is documented on a PTR, it has lost that detail
---------------------------------------
Revise Sec.   679.5(l)(1)(i), (ii),     IFQ halibut or IFQ sablefish         IFQ halibut, CDQ halibut, or IFQ
 (iii)(E), (iii)(F) and (iii)(G).                                             sablefish.
---------------------------------------
Revise Sec.   679.5(l)(2)(i)(A).......  All IFQ catch debited. All IFQ       All IFQ halibut, CDQ halibut and
                                         halibut, CDQ halibut, and IFQ        IFQ sablefish catch debited.
                                         sablefish catch must be weighed      Except as provided in Sec.
                                         and debited from the IFQ permit      679.40(g), all IFQ halibut, CDQ
                                         holder's account under which the     halibut, and IFQ sablefish catch
                                         catch was harvested.                 must be weighed and debited from
                                                                              the IFQ permit holder's account
                                                                              under which the catch was
                                                                              harvested.
---------------------------------------
                                           Section 679.40(g) modifies Sec.   679.5(l)(2)(i)(A) by saying that
                                           tagged halibut and sablefish are not debited against an individual's
                                                                halibut or sablefish IFQ.
---------------------------------------
Revise Sec.   679.5(l)(2)(iv)(D)......  Cardholder's account was properly    Cardholder's account was properly
                                         debited                              debited. A copy of each receipt
                                                                              must be maintained by the
                                                                              Registered Buyer as described in
                                                                              Sec.   679.5(l).
---------------------------------------
Revise Sec.   679.5(l)(4)(ii)(D)......  Halibut IFQ Permit numbers and       Halibut IFQ, Halibut CDQ, and
                                         sasblefish IFQ Permit numbers of     Sablefish IFQ Permit numbers of
                                         IFQ cardholders on board.            IFQ and CDQ cardholders on board.
---------------------------------------
Revise Sec.   679.32(f)(1)............  Must comply with the requirements    Must comply with the catch
                                         of this paragraph (f) for the        monitoring requirements of this
                                         catch of CDQ halibut or while        paragraph (f) and with the R&R
                                         halibut CDQ fishing.                 requirements of Sec.   679.4(e)
                                                                              for the catch of CDQ halibut or
                                                                              while CDQ halibut fishing.
---------------------------------------
Remove Sec.   679.32(f)(2).
---------------------------------------
Redesignate Sec.   679.32(f)(3)
 through (5) as Sec.   679.32(f)(2)
 through (4), respectively.
----------------------------------------------------------------------------------------------------------------

Registered Buyer

    These revisions correct the term ``IFQ Registered Buyer'' to read 
``Registered Buyer.'' The term ``IFQ'' is removed from ``IFQ Registered 
Buyer'' everywhere it occurs in the regulatory text. With the inclusion 
of CDQ halibut regulatory text, it is necessary to make the term 
``Registered Buyer'' more general. The Registered Buyer permit 
authorizes receipt of CDQ halibut in the same manner as IFQ halibut. 
This change is necessary to include ``CDQ halibut'' in the regulatory 
text that describes the functions of a Registered Buyer. Where only 
this change occurs in a paragraph, it is listed in Table 2, below. If a 
paragraph has more corrections than the ``Registered Buyer'' 
correction, that paragraph is included in either Tables 1 or 3.

           Table 2.--Changes to Regulatory Text Where ``IFQ'' Is Removed From ``IFQ Registered Buyer''
----------------------------------------------------------------------------------------------------------------
               Paragraph                                From                                  To
----------------------------------------------------------------------------------------------------------------
Revise Sec.   679.2, heading for        IFQ registered buyer...............  Registered buyer.
 definition of ``IFQ Registered
 Buyer''.
---------------------------------------
Revise heading of Sec.   679.4(d).....  IFQ Registered Buyer permits.......  Registered Buyer permits.
---------------------------------------
Revise Sec.   679.5(g)(1).............  IFQ Registered Buyers..............  a Registered Buyer.
---------------------------------------
Revise Sec.   679.5(g)(1)(ii).........  or IFQ Registered Buyer............  or Registered Buyer.
---------------------------------------
Revise Sec.   679.5(g)(1)(iv).........  Exemption: IFQ Registered Buyers:    Exemption: Registered Buyers:
                                         IFQ Registered Buyers are not        Registered Buyers are not required
                                         required to submit a PTR for         to submit a PTR for ``receipt'' of
                                         ``receipt'' of IFQ halibut, CDQ      IFQ halibut, CDQ halibut, or IFQ
                                         halibut, or IFQ sablefish.           sablefish.
---------------------------------------

[[Page 44478]]

 
Revise Sec.   679.5(g)(2).............  an IFQ Registered Buyer............  a Registered Buyer.
---------------------------------------
Revise Sec.   679.5(g)(3).............  IFQ Registered Buyer...............  Registered Buyer.
---------------------------------------
Revise Sec.   679.5(g)(6).............  or IFQ Registered Buyer............  or Registered Buyer.
----------------------------------------------------------------------------------------------------------------

Revisions and Adjustments

    These revisions shown in Table 3, below, include cross reference 
corrections, cross reference additions, improvements in text clarity, 
addition of an effective date of two paragraphs, removal of obsolete 
text, replacing ``recordkeeping and reporting'' with ``R&R'' for 
clarity and brevity, and correction of a typographic error.

 Table 3.--Changes to Regulatory Text Resulting From Cross Reference Corrections and Additions, Clarifications,
                                       and Other Revisions and Adjustments
----------------------------------------------------------------------------------------------------------------
               Paragraph                                From                                  To
----------------------------------------------------------------------------------------------------------------
Revise Sec.   679.2, definition for     as defined at Sec.   679.4(d)(1)...  (see Sec.   679.4(d)(1)).
 ``IFQ permit holder''.
---------------------------------------
Revise Sec.   679.4(a)(1)(i)(A).......  Sec.   679.4(d)(2).................  Sec.   679.4(d)(3)(ii).
---------------------------------------
Revise Sec.   679.4(a)(1)(i)(A).......  Specified fishing year.............  Until next renewal cycle.
---------------------------------------
Sec.   679.4(a)(1)(ii)(A) and (B).....  Sec.   679.32(f)...................  Sec.   679.4(e).
---------------------------------------
Revise Sec.   679.4(d)(1)(i)..........  or until it is revoked.............  or until the permit is revoked.
---------------------------------------
Revise Sec.   679.4(d)(2)(iii)........  an IFQ permit number, the name of    an IFQ permit number and the name
                                         the individual.                      of the individual.
---------------------------------------
Revise Sec.   679.4(d)(6)(i)..........  IFQ permit and card. The IFQ         IFQ permit and card. The IFQ
                                         cardholder must present a copy of    cardholder must present a copy of
                                         the IFQ permit and the original      the IFQ permit and the original
                                         IFQ card for inspection on request   IFQ card for inspection on request
                                         of any authorized officer or         of any authorized officer or
                                         Registered Buyer receiving IFQ       Registered Buyer receiving IFQ
                                         species. Nothing in this paragraph   species.
                                         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''.
---------------------------------------
                                        Removal of sentence that duplicates
                                         regulatory text found at the last
                                         sentence of Sec.   679.4(d)(2)(ii).
---------------------------------------
Remove introductory Sec.
 679.5(a)(1)(ii).
---------------------------------------
Revise Sec.   679.5(a)(1)(ii)(A)......  Groundfish received. A shoreside     Groundfish and prohibited species
                                         processor, stationary floating       received. A shoreside processor,
                                         processor, mothership, or buying     stationary floating processor,
                                         station subject to recordkeeping     mothership, or buying station
                                         and reporting requirements must      subject to R&R requirements must
                                         report.                              record and report.
---------------------------------------
Redesignate Sec.   679.5(a)(1)(ii)(B)   Groundfish transferred. A shoreside  Groundfish and prohibited species
 as (a)(1)(ii)(C) and revise.            processor, stationary floating       transferred. A shoreside
                                         processor, or mothership subject     processor, stationary floating
                                         to recordkeeping and reporting       processor, or mothership subject
                                         requirements must report.            to R&R requirements must record
                                                                              and report.
---------------------------------------
Add new Sec.   679.5(a)(1)(ii)(B).....  Groundfish and prohibited species reported by catcher vessels and buying
                                            stations. A shoreside processor, stationary floating processor, or
                                            mothership subject to R&R requirements must record and report all
                                             discards or disposition information of groundfish and prohibited
                                             species reported to them by catcher vessels or buying stations.
---------------------------------------
Redesignate Sec.   679.5(g)(5)(i) as    or IFQ Registered Buyer must enter   or Registered Buyer must enter the
 (g)(5) and revise.                      your representative's name,          name of the individual
                                         telephone number, and FAX number,    representing the Registered Buyer,
                                         check ``Shipper'' and:               telephone number, and FAX number,
                                                                              check ``Shipper'' and:
---------------------------------------
Redesignate Sec.   679.5(g)(5)(ii) as
 (g)(5)(iv).
---------------------------------------

[[Page 44479]]

 
Revise newly redesignated Sec.          n/a/...............................  n/a
 679.5(g)(5)(iv)(I).
---------------------------------------
Redesignate Sec.   679.5(g)(5)(i)(A)
 through (C) as (g)(5)(i) through
 (iii), respectively.
---------------------------------------
Revise newly redesignated Sec.          IFQ Registered Buyer name and        Your Registered Buyer name and
 679.5(g)(5)(ii).                        permit number.                       permit number.
---------------------------------------
Revise newly redesignated Sec.          your IFQ Registered Buyer's name     Your Registered Buyer's name and
 679.5(g)(5)(iii).                       and permit number.                   permit number.
---------------------------------------
Revise Sec.   679.5(l)(2)(ii)(D)......  Once the landing operations have     Once the landing has commenced.
                                         commenced.
----------------------------------------------------------------------------------------------------------------

Classification

    The Administrator, Alaska Region, NMFS, determined that Amendments 
72/64 are necessary for the conservation and management of the IFQ 
Pacific halibut and sablefish fisheries and that they are consistent 
with the Magnuson-Stevens Act, the Halibut Act, and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an RIR/Initial Regulatory Flexibility Analysis (IRFA) 
for the proposed amendments that describes the management background, 
the purpose and need for action, the management alternatives, and the 
socioeconomic impacts of the alternatives. The public comment period 
ended on February 24, 2003. No comments on the economic impacts of the 
proposed rule were received.
    NMFS is aware of no existing relevant Federal rules which 
duplicate, overlap, or conflict with this final rule.
    NMFS prepared a Final Regulatory Flexibility Analysis (FRFA) 
pursuant to Section 604(a) of the Regulatory Flexibility Act, which 
describes the impact this final rule may have on small entities. The 
FRFA incorporates the IRFA and its findings. A copy of the FRFA is 
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
    The actions included in this regulatory amendment would potentially 
affect all individuals, corporations or partnerships, or other 
collective entities holding QS. This action could also affect all six 
of the CDQ groups that hold halibut CDQ. At the end of the 2001 IFQ 
season, 3,485 persons (individuals, corporations, and other entities) 
held halibut QS; 872 persons held sablefish QS. In addition, all six of 
the CDQ groups have halibut CDQ allocations. 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; of these, 
215 reported landings.
    An examination of limits on quota share holdings indicates that all 
of the halibut and sablefish fishing operations are small entities. CDQ 
operations are small entities because they are non-profits. In the 
absence of data on employment and affiliation, the registered buyers 
have been assumed to be small entities.
    This regulation does not impose new recordkeeping or reporting 
requirements on the regulated small entities.
    Three alternatives were considered to the action modifying PNOL 
requirements on fishermen. The status quo, maintaining the PNOL and six 
hour reporting requirements, was rejected because it did not address 
the concerns raised by industry with the existing rule. Complete 
elimination of the PNOL requirement was rejected because, although it 
would have reduced the burden on small entities, it would adversely 
affect data-collection, monitoring, and enforcement operations. A third 
alternative would have reduced the burden on fishermen by randomly 
applying the PNOL requirements to a sample of vessels. This alternative 
was rejected because it may have required a new ``hail out'' report 
from fishermen as they left port, and communication with fishermen at 
sea to let them know they had been randomly selected. IPHC port 
sampling may be adversely affected by this alternative. NOAA 
enforcement efforts would be complicated.
    The NPFMC and NMFS considered one alternative to the status quo 
``offload window'' between 6 a.m. and 6 p.m. This would have extended 
the offload window requirements so that fishermen would have had to 
begin offloading between 6 a.m. and 12 a.m. This alternative would have 
reduced the burden on small fishing entities compared to the status 
quo. However, this alternative could adversely affect current port 
sampling techniques used by the IPHC and increase their overall 
staffing costs, and potentially increase the labor costs for Registered 
Buyers. Industry indicated to the Council during the development of 
this action that extending the offload window would not be necessary if 
the PNOL were modified.
    The status quo was considered as an alternative to the action to 
relax the requirement that IFQ vessels check in at a NMFS certified 
port prior to leaving the jurisdiction of the Council, but it was 
rejected. The status quo would not have addressed industry concerns 
about the vessel clearance requirements. The preferred alternative will 
not compromise enforcement activity. Because enforcement 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, no effective difference occurs between a 
verbal ``departure report'' and the verbal vessel clearance report 
given in a certified port.
    The status quo was considered as an alternative to the 
consolidation of the PTR and the shipment reports, but was rejected. 
That alternative would not have addressed industry concerns about 
duplication in reporting requirements. The preferred alternative 
collects necessary information with fewer paperwork requirements.
    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.

[[Page 44480]]

    OMB No. 0648-0213: 20 minutes for a product transfer report, and 14 
minutes for a vessel activity report.
    OMB No. 0648-0272: 12 minutes for a prior notice of landing, 18 
minutes for an IFQ/CDQ landing report, 6 minutes for IFQ dockside sales 
receipts, 15 minutes for an IFQ departure report, and 12 minutes for an 
IFQ transshipment authorization, 30 minutes for Registered Buyer's 
permit application, 30 minutes for CDQ halibut or IFQ landing card.
    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.
    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. Send comments regarding these 
burden estimates, or any other aspect of these data collections, 
including suggestions for reducing the burden, to NMFS (see ADDRESSES) 
and to OMB at the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Washington, DC 20503 (Attention: NOAA Desk 
Officer).
    In conclusion, these actions will improve the efficiency of data 
collection required under existing IFQ regulations and will implement 
recommendations received from industry, enforcement and management. 
Based on the foregoing conclusions, these revisions to R&R for the IFQ 
fisheries and CDQ halibut fishery will not substantively alter 
environmental impacts already analyzed within existing environmental 
documents.
    The legislative authorities for these actions are the Magnuson-
Stevens Fishery Conservation and Management Act, Pub. L. 94-265, 16 
U.S.C. 1801 (Magnuson-Stevens Act), and the Northern Pacific Halibut 
Act of 1982 (NPHA) Pub. L. 97-176, 16 U.S.C. 773c (c).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 21, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set forth in the preamble, 50 CFR part 679 is amended 
as follows:

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

0
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.


0
2. In Sec.  679.2, the definition for ``IFQ Registered Buyer'' is 
removed; the definition for ``Registered Buyer'' is added; the 
definitions for ``Authorized officer,'' ``Clearing officer,'' 
``Dockside sale,'' ``IFQ landing,'' ``IFQ permit holder,'' and 
``Transfer'' are revised to read in alphabetical order 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.
* * * * *
    Dockside sale means, the transfer of IFQ halibut, CDQ halibut or 
IFQ sablefish from the person who harvested it to individuals for 
personal consumption, and not for resale.
* * * * *
    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 (see Sec.  679.4(d)(1)).
* * * * *
    Registered buyer means the person identified on a Registered Buyer 
permit (see Sec.  679.4(d)(3)).
* * * * *
    Transfer means:
    (1) Groundfish fisheries of the GOA and BSAI. Any loading, 
offloading, shipment or receipt of any IFQ sablefish or other 
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 and CDQ halibut fisheries. Any loading, offloading, 
or shipment of any IFQ halibut or CDQ halibut 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.
* * * * *

0
3. In Sec.  679.4, paragraphs (a)(1)(i), (a)(1)(ii), (d), and (e) are 
revised to read as follows:


Sec.  679.4  Permits.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                               Permit is effective        For more
  If program permit or card      from issue date    information, see * *
          type is:             through the end of:            *
------------------------------------------------------------------------
(i) IFQ:
    (A) Registered Buyer....  Until next renewal    Paragraph (d)(3)(ii)
                               cycle.                of this section.
    (B) Halibut & sablefish   Specified fishing     Paragraph
     permits.                  year.                 (d)(3)(i)(B) of
                                                     this section.
    (C) Halibut & sablefish   Specified fishing     Paragraph
     cards.                    year.                 (d)(3)(i)(C) of
                                                     this section.
(ii) CDQ Halibut
    (A) Halibut permit......  Specified fishing     Paragraph (e) of
                               year.                 this section.
    (B) Halibut card........  Specified fishing     Paragraph (e) of
                               year.                 this section.
 

[[Page 44481]]

 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (d) IFQ permits, IFQ cards, and 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 
the permit 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 and 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 in accordance with 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 cardholder or to receive and make a CDQ 
halibut landing by a CDQ permit or cardholder 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, CDQ 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 first day of 
the year for which it is issued or from the date of issuance, whichever 
is later, 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.
    (ii) Registered Buyer permit. A legible copy of the Registered 
Buyer permit must be present at the location of an IFQ landing or CDQ 
halibut landing and must be made available by an individual 
representing the Registered Buyer for inspection on request of any 
authorized officer.
    (7) Validity. An IFQ permit issued under this part is valid only if 
the IFQ permit holder has paid all IFQ fees that are due as a result of 
final agency action as specified in Sec. Sec.  679.45 and 
679.5(l)(7)(ii).
    (e) CDQ Halibut permits and CDQ cards--(1) Requirements. (i) The 
CDQ group, the operator of the vessel, the manager of a shoreside 
processor or stationary floating processor, and the Registered Buyer 
must comply with the requirements of this paragraph (e) and of 
paragraph Sec.  679.32(f) for the catch of CDQ halibut.
    (ii) The CDQ group, vessel owner or operator, and Registered Buyer 
are subject to all of the IFQ prohibitions at Sec.  679.7(f).
    (2) Halibut CDQ permit. The CDQ group must obtain a halibut CDQ 
permit issued by the Regional Administrator. The vessel operator must 
have a copy of the halibut CDQ permit on any fishing vessel operated 
by, or for, a CDQ group that will have halibut CDQ onboard and must 
make the permit available for inspection by an authorized officer. The 
halibut CDQ permit is non-transferable and is issued annually until 
revoked, suspended, or modified.
    (3) Halibut CDQ card. An individual must have onboard the vessel a 
valid halibut CDQ card issued by the Regional Administrator before 
landing any CDQ halibut. Each halibut CDQ card will identify a CDQ 
permit number and the individual authorized by the CDQ group to land 
halibut for debit against the CDQ group's halibut CDQ.
    (4) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, landing card, Registered Buyer permit, or any valid 
and current permit or document issued under this part. Any such permit, 
card, or document that has been intentionally altered, erased, 
mutilated, or forged is invalid.
    (5) Landings. A person may land CDQ halibut only if he or she has a 
valid halibut CDQ card. The person(s) holding the halibut CDQ card and 
the Registered Buyer must comply with the requirements of Sec.  
679.5(g) and (l)(1) through (6).
* * * * *

0
4. In Sec.  679.5, the section heading and paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(15), (g), (k), and (l) are revised to read as follows:

[[Page 44482]]

Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) General requirements. (1) Applicability--(i) Who must comply 
with R&R requirements? Participants in the groundfish fisheries, the 
IFQ fisheries, and the CDQ fisheries must comply with the appropriate 
R&R requirements of paragraphs (1)(i)(A) through (C) of this section. 
Sablefish are managed under both the IFQ Program and the Groundfish 
Program. As such, sablefish must be recorded and reported as groundfish 
and also as IFQ sablefish.
    (A) Groundfish. Except as provided in paragraph (a)(1)(iii) of this 
section, the owner, operator, or manager of the following participants 
must comply with the appropriate groundfish R&R requirements provided 
at paragraphs (a) through (k), (m), (o), and (p) of this section; Sec.  
679.28(b), (f), and (g):
    (1) Any catcher vessel, mothership, catcher/processor, or tender 
vessel, 5 net tons or larger, that is required to have a Federal 
fisheries permit under Sec.  679.4.
    (2) Any shoreside processor, stationary floating processor, 
mothership, or buying station that receives groundfish from vessels 
issued a Federal fisheries permit under Sec.  679.4.
    (3) Any buying station that receives or delivers groundfish in 
association with a mothership issued a Federal fisheries permit under 
Sec.  679.4(b) or with a shoreside processor or stationary floating 
processor issued a Federal processor permit under Sec.  679.4(f).
    (4) Any shoreside processor or stationary floating processor that 
is required to have a Federal processor permit under Sec.  679.4.
    (5) For purposes of this section, ``operator or manager'' means 
``the operator of a catcher/processor or mothership, the manager of a 
shoreside processor or stationary floating processor, or the operator 
or manager of a buying station.''
    (B) IFQ halibut and sablefish. The IFQ permit holder, IFQ 
cardholder, or Registered Buyer must comply with the R&R requirements 
provided at paragraphs (g), (k), and (l) of this section.
    (C) CDQ halibut. The CDQ permit holder, CDQ cardholder, or 
Registered Buyer must comply with the R&R requirements provided at 
paragraphs (g), (k), (l)(1) through (6), (n)(1), and (n)(2) of this 
section.
    (ii) What fish need to be recorded and reported? (A) Groundfish and 
prohibited species received. A shoreside processor, stationary floating 
processor, mothership, or buying station subject to R&R requirements 
must record and 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 and prohibited species reported by catcher vessels 
and buying stations. A shoreside processor, stationary floating 
processor, or mothership subject to R&R requirements must record and 
report discard or disposition information for all groundfish and 
prohibited species reported to it by catcher vessels or buying 
stations.
    (C) Groundfish and prohibited species transferred. A shoreside 
processor, stationary floating processor, or mothership subject to R&R 
requirements must record and report all groundfish and prohibited 
species transferred out of the facility or off the vessel.
* * * * *
    (15) Transfer comparison. The operator, manager, or Registered 
Buyer must refer to the following table for submittal, issuance, and 
possession requirements for each type of transfer activity of non-IFQ 
groundfish, IFQ halibut, IFQ sablefish, and CDQ halibut.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Submittal                            Issue           Ppssess
                                                                  --------------------------------------------------------------------------------------
                                                                                     Trans-shipment       Departure      Dockside sale    Landing report
                                                                     VAR     PTR      authorization         report          receipt          receipt
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) If a catcher vessel, mothership or catcher/processor leaving       X   ......  ..................  ...............  ...............  ...............
 or entering Alaska with non-IFQ groundfish and no IFQ product or
 CDQ halibut product onboard (see Sec.   679.5(k)))..............
(ii) If a vessel leaving Alaska with IFQ sablefish, IFQ halibut,   ......  ......  ..................               X   ...............  ...............
 or CDQ halibut but no other non-IFQ groundfish onboard (see Sec.
   679.5(l)(4))..................................................
(iii) If a vessel leaving Alaska with IFQ sablefish, IFQ halibut,      X   ......  ..................               X   ...............  ...............
 or CDQ halibut and other non-IFQ groundfish onboard (see Sec.
 Sec.   679.5(k) and 679.5(l)(4))................................
(iv) Transfer of non-IFQ groundfish (see Sec.   679.5(g))........  ......      X   ..................  ...............  ...............  ...............
(v) Transfer of IFQ species or CDQ halibut from a Registered       ......      X   ..................  ...............  ...............  ...............
 Buyer (see Sec.   679.5(g)).....................................
(vi) Transfer of IFQ species from IFQ Cardholder or CDQ halibut    ......  ......  ..................  ...............             XXX   ...............
 from CDQ halibut Cardholder with a Registered Buyer permit in a
 dockside sale (see Sec.   679.5(l)(5))..........................
(vii) Transfer of IFQ species or CDQ halibut from landing site to  ......  ......  ..................  ...............  ...............              XX
 Registered Buyer's processing facility (see Sec.
 679.5(g)(1)(vi))................................................
(viii) Transshipment of IFQ processed product or CDQ halibut       ......  ......               XXXX   ...............  ...............  ...............
 processed 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 24 hours in advance.

* * * * *
    (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 or 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.

[[Page 44483]]

In addition, a Registered Buyer must submit a separate PTR for each 
transfer (shipment only) of halibut or sablefish for which the 
Registered Buyer submitted an IFQ landing report or was required to 
submit an IFQ 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 transferred from a vessel or 
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 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 vessel or facility in one calendar 
day, if invoices detailing destinations for all of the product are 
available for inspection by an authorized officer.
    (iv) Exemption: Registered Buyers: Registered Buyers are not 
required to submit a PTR for ``receipt'' of IFQ halibut, CDQ halibut, 
or IFQ sablefish.
    (v) Exemption: Dockside sales. (A) A person holding a valid IFQ 
permit, IFQ card, and Registered Buyer permit may conduct a dockside 
sale of IFQ halibut or IFQ sablefish with a person who has not been 
issued a Registered Buyer permit after all IFQ fish have been landed 
and reported in accordance with Sec.  679.5(l).
    (B) A person holding a valid halibut CDQ permit, halibut CDQ card, 
and Registered Buyer permit may conduct a dockside sale of CDQ halibut 
with a person who has not been issued a Registered Buyer permit after 
all CDQ halibut have been landed and reported in accordance with Sec.  
679.5(l).
    (C) A Registered Buyer conducting dockside sales must issue a 
receipt to each individual receiving IFQ halibut, CDQ halibut, or IFQ 
sablefish in lieu of a PTR. This receipt must include the date of sale 
or transfer, the Registered Buyer permit number, and the weight by 
product of the IFQ halibut, CDQ halibut or IFQ sablefish transferred. 
The Registered Buyer must maintain a copy of each dockside sales 
receipt as described in Sec.  679.5(l).
    (vi) Exemption: transfer directly from the landing site to a 
processing facility (CDQ halibut, IFQ halibut, or IFQ sablefish only). 
A PTR is not required for transportation of unprocessed IFQ halibut, 
IFQ sablefish, and CDQ halibut directly from the landing site to a 
facility for processing, provided the following conditions are met:
    (A) A copy of the IFQ Landing Report receipt (Internet or 
transaction terminal receipt) documenting the IFQ landing accompanies 
the offloaded IFQ halibut, IFQ sablefish, and CDQ halibut while in 
transit.
    (B) A copy of the IFQ Landing Report receipt is available for 
inspection by an authorized officer.
    (C) The Registered Buyer submitting the IFQ Landing Report 
completes a PTR for each transfer from the processing facility of IFQ 
halibut, CDQ halibut and IFQ sablefish transported in this manner.
    (2) Time limits and submittal. The operator of a mothership or 
catcher/processor, a 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 Registered Buyer 
must record on a PTR:
    (i) Whether original or revised PTR;
    (ii) Whether you are the shipper or receiver;
    (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, Federal           Other processor's name and
 fisheries or Federal processor permit.   Federal fisheries or Federal
                                          processor permit (if
                                          applicable).
------------------------------------------------------------------------

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

------------------------------------------------------------------------
       If you are shipping . . .          Enter under ``Shipper'' . . .
------------------------------------------------------------------------
(i) Non-IFQ groundfish.................  Your processor's name, Federal
                                          fisheries or Federal processor
                                          permit number.
(ii) IFQ halibut, CDQ halibut or IFQ     Your Registered Buyer name and
 sablefish.                               permit number.
(iii) 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
                                          Registered Buyer's name and
                                          permit number.
------------------------------------------------------------------------

    (iv) 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.

[[Page 44484]]



----------------------------------------------------------------------------------------------------------------
                                                                 Then enter . . .
                               ------------------------------------------------------------------------------------
If you are the shipper and . .                                                               Mode of
               .                                     Date & time of      Location of     transportation   Intended
                                     Receiver       product transfer  product transfer    and intended      route
                                                                                              route
-------------------------------------------------------------------------------------------------------- ----------
(A) Receiver is on land and     Receiver name and  Date and time      Port or city of   Name of the
 transfer involves one van,      Federal            when shipment      product           shipping
 truck, or vehicle.              fisheries or       leaves the plant.  transfer.         company;
                                 Federal                                                 destination
                                 processor permit                                        city and state
                                 number (if any).                                        or foreign
                                                                                         country.
(B) Receiver is on land and     Receiver name and  Date and time      Port or city      Name of the
 transfer involves multiple      Federal            when loading of    product           shipping
 vans, trucks, or vehicles.      fisheries or       vans or trucks     transfer.         company;
                                 Federal            is completed                         destination
                                 processor permit   each day.                            city and state
                                 number (if any).                                        or foreign
                                                                                         country.
(C) Receiver is on land and     Receiver name and  Date and time      Port or city of   Name of the
 transfer involves one airline   Federal            when shipment      product           airline
 flight.                         fisheries or       leaves the plant.  transfer.         company;
                                 Federal                                                 destination
                                 processor permit                                        airport city
                                 number (if any).                                        and state.
(D) Receiver is on land and     Receiver name and  Date and time of   Port or city of   Name of airline
 transfer involves multiple      Federal            shipment when      product           company(s);
 airline flights.                fisheries or       the last airline   transfer.         destination
                                 Federal            flight of the                        airport(s) city
                                 processor permit   day leaves.                          and state.
                                 number (if any).
(E) Receiver is a vessel and    Vessel name and    Start and finish   Transfer          The first
 transfer takes occurs at sea.   call sign.         dates and times    position          destination of
                                                    of transfer.       coordinates in    the vessel.
                                                                       latitude and
                                                                       longitude, in
                                                                       degrees and
                                                                       minutes.
(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        Agent name and     Transfer start     Port, city, or    Name (if
 (buyer, distributor, or         location (city,    and finish dates   position of       available) of
 shipping agent) and transfer    state).            and times.         product           the vessel
 is in a containerized van(s).                                         transfer.         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
 human consumption in                               time of the last   transfer.
 quantities less than 10 lb                         sale of the day.
 (0.0045 mt) per 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                       sale of the day;   product
 a day onto one PTR (non-IFQ                        time of the last   transfer.
 groundfish only).                                  sale of the day.
(J) Non-IFQ Groundfish only.    ``WHOLESALE        Time of the first  Port or city of   n/a
 You are aggreating wholesale    SALES''.           sale of the day;   product
 non-IFQ groundfish product                         time of the last   transfer.
 sales by species during a                          sale of the day.
 single 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 
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 
two 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 with IFQ halibut, CDQ 
halibut, or 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

[[Page 44485]]

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:
    (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 R&R. In addition to 
the R&R 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)), 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, CDQ 
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 make 
an IFQ landing 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, 
CDQ halibut or IFQ sablefish that will be landed;
    (F) IFQ regulatory area(s) in which the IFQ halibut, CDQ halibut, 
or IFQ sablefish were harvested; and
    (G) IFQ permit number(s) that will be used to land the IFQ halibut, 
CDQ halibut, or IFQ sablefish.
    (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 halibut, CDQ 
halibut and IFQ sablefish catch debited. Except as provided in 
paragraph 679.40(g) of this section, all IFQ halibut, CDQ halibut, and 
IFQ sablefish catch must be weighed and debited from the IFQ permit 
holder's account or CDQ halibut 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 the landing has commenced, the IFQ 
cardholder or CDQ cardholder and the harvesting vessel may not leave 
the landing site until the IFQ halibut, IFQ sablefish or CDQ halibut 
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 or CDQ 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 cardholder or CDQ cardholder;
    (D) Name and permit number of Registered Buyer receiving the IFQ 
halibut, IFQ sablefish, or CDQ halibut;
    (E) The harvesting vessel's name and ADF&G vessel registration 
number;
    (F) Gear code 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:
    (1) Except as provided in paragraph (l)(2)(iii)(J)(2) of this 
section, the species codes, product codes, and initial accurate scale 
weight(s) (in pounds or to the nearest thousandth of a metric ton) made 
at the time of offloading for IFQ halibut, IFQ sablefish, or CDQ 
halibut sold and retained.
    (2) 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) Initial accurate scale weight(s) with or without ice and slime, 
as

[[Page 44486]]

appropriate, of 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 be reported as fish weights without ice and slime.
    (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 receipts 
are printed, the Registered Buyer, or his/her representative, and the 
IFQ cardholder or CDQ cardholder must sign the receipts to acknowledge 
the accuracy of the IFQ Landing Report.
    (iv) Submittals. Except as indicated in paragraph (l)(2)(iv)(C) of 
this section, IFQ landing reports must be submitted electronically to 
OLE, Juneau, AK, either by using an electronic transaction terminal or 
by using the Internet as indicated below:
    (A) Transaction terminal. Landing Reports submitted 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.
    (1) The Registered Buyer must locate or procure a transaction 
terminal and report as required.
    (2) The IFQ cardholder or CDQ cardholder must initiate a Landing 
Report by using his or her own magnetic card and personal 
identification number (PIN).
    (B) Internet. Landing Reports submitted using Internet submission 
methods as provided and/or specified by NMFS, Alaska Region.
    (1) The Registered Buyer must obtain at his or her own expense, 
hardware, software and Internet connectivity to support Internet 
submissions and report as required.
    (2) The IFQ cardholder or CDQ cardholder must initiate a Landing 
Report by logging into the IFQ landing report system using his or her 
own password and must provide identification information requested by 
the system.
    (3) The Registered Buyer must enter additional log-in information, 
including his or her password, and provide landing information 
requested by the system.
    (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 (Select Option 1). 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, or printed Internet submission receipt, or a manual 
landing report receipt which is sent by FAX from OLE to the Registered 
Buyer, and which is then signed by both the Registered Buyer and 
cardholder constitutes confirmation that OLE received the landing 
report and that the cardholder's account is properly debited. A copy of 
each receipt must be maintained by the Registered Buyer as described in 
Sec.  679.5(l).
    (3) Transshipment authorization. (i) No person may transship 
processed IFQ halibut, CDQ 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 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) Registered Buyer permit. A vessel operator submitting an IFQ 
Departure Report must have a 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 halibut, CDQ halibut, or IFQ 
sablefish.
    (E) Permits on board.--(1) A vessel operator submitting an IFQ 
Departure Report to document IFQ halibut or IFQ sablefish must ensure 
that one or more IFQ cardholders are on board with enough remaining IFQ 
balance to harvest amounts of IFQ halibut or IFQ sablefish equal to or 
greater than all IFQ halibut and IFQ sablefish on board.
    (2) A vessel operator submitting an IFQ Departure Report to 
document CDQ halibut must ensure that one or more CDQ cardholders are 
on board with enough remaining CDQ halibut balance to harvest amounts 
of CDQ halibut equal to or greater than all CDQ halibut 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 Registered Buyer permit number;
    (D) Halibut IFQ, Halibut CDQ, and sablefish IFQ Permit numbers of 
IFQ and CDQ cardholders on board;
    (E) Halibut Regulatory Areas or Sablefish Regulatory Areas of 
harvest or both;
    (F) Estimated total weight as appropriate 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 or CDQ cardholder must

[[Page 44487]]

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. All retained records must be 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 onboard the vessel or at the facility; 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 landing and all fish retained onboard a 
vessel making an IFQ landing are subject to sampling by NMFS-authorized 
observers.
    (ii) Each IFQ halibut landing or CDQ halibut landing is subject to 
sampling for biological information by persons authorized by the IPHC.
* * * * *
0
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 landing without an 
IFQ or CDQ card, as appropriate, in the name of the individual making 
the landing.
    (ii) Hired master, IFQ. Make an IFQ landing without an IFQ card 
listing the name of the hired master and the name of the vessel making 
the landing.
    (iii) Hired master, CDQ halibut. Make a CDQ halibut landing without 
a CDQ card listing the name of the hired master.
* * * * *
    (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).
* * * * *
0
6. In Sec.  679.32, paragraph (f)(1) is revised; paragraph (f)(2) is 
removed; and paragraphs (f)(3) through (5) are redesignated as 
paragraphs (f)(2) through (f)(4), respectively, to read as follows:


Sec.  679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (f) Halibut CDQ--(1) Applicability. The CDQ group, the operator of 
the vessel, the manager of a shoreside processor or stationary floating 
processor, and the Registered Buyer must comply with the catch 
monitoring requirements of this paragraph (f) and with the R&R 
requirements of Sec.  679.4(e) for the catch of CDQ halibut or while 
CDQ halibut fishing.
* * * * *
0
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 TACs 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)(D).
    (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.
* * * * *

0
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.
* * * * *

0
9. In part 679, Table 14a is revised to read as follows:

            Table 14a to Part 679.--Port of Landing Codes \1\
------------------------------------------------------------------------
              Port name                NMFS code        ADF&G code
------------------------------------------------------------------------
a. Alaska:
  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

[[Page 44488]]

 
  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''.


              Table 14b to Part 679.--Port of Landing Codes
------------------------------------------------------------------------
               Port name               NMFS code        ADF&G code
------------------------------------------------------------------------
              CALIFORNIA
 
b. Non-Alaska (California, Oregon,
 Canada, Washington):
  Eureka.............................        500  EUR
  Fort Bragg.........................  .........  501
  Other California \1\...............        599  ......................
                CANADA
  Port Edward........................        800  ......................
  Port Hardy.........................        801  ......................
  Prince Rupert......................        802  PRU
  Vancouver..........................        803  ......................
  Other Canada \1\...................        899  ......................
                OREGON
  Astoria............................        600  AST
  Lincoln City.......................        602  ......................
  Newport............................        603  NPT
  Olympia............................  .........  OLY
  Portland...........................  .........  POR
  Warrenton..........................        604  ......................
  Other Oregon \1\...................        699  ......................
              WASHINGTON
  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 \1\...............        799  ......................
------------------------------------------------------------------------
\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''.

[FR Doc. 03-19132 Filed 7-28-03; 8:45 am]
BILLING CODE 3510-22-P