[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Proposed Rules]
[Pages 2870-2875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040109009-4009-01; I.D. 121803D]
RIN 0648-AR79


Fisheries of the Northeastern United States; Recordkeeping and 
Reporting Requirements; Regulatory Amendment to Modify Seafood Dealer 
Reporting Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes measures contained in a regulatory amendment to 
modify the existing reporting and recordkeeping regulations for 
federally permitted seafood dealers participating in the summer 
flounder, scup, black sea bass, Atlantic sea scallop, Northeast (NE) 
multispecies, monkfish, Atlantic mackerel, squid, butterfish, Atlantic 
surfclam, ocean quahog, Atlantic herring, Atlantic deep-sea red crab, 
tilefish, Atlantic bluefish, skates, and/or spiny dogfish fisheries in 
the NE Region. The purpose of this action is to improve monitoring of 
commercial landings by collecting more timely and accurate data, 
enhance enforceability of the existing regulations, promote compliance 
with existing regulations, and ensure consistency in reporting 
requirements among fisheries. This action would require daily 
electronic reporting of all fish purchases by federally permitted 
dealers; eliminate dealer reporting via the Interactive Voice Response 
(IVR) system; implement a trip identifier requirement for dealers; 
require dealers to report the disposition of fish purchased; and modify 
the dealer reporting requirements for the surfclam and ocean quahog 
fisheries to make them consistent with the requirements of other 
fisheries.

DATES: Comments on this proposed rule must be received on or before 
February 20, 2004.

ADDRESSES: Copies of the regulatory amendment, its Regulatory Impact 
Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), and 
other supporting materials are available from Patricia A. Kurkul, 
Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, 
Gloucester, MA 01930. The regulatory amendment/RIR/IRFA is also 
accessible via the Internet at http:www.nero.nmfs.gov. Written comments 
on the proposed rule should be sent to the address above. Mark the 
outside of the envelope, ``Comments on Proposed Rule for Dealer 
Electronic Reporting.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9135. Comments will not be accepted if submitted via e-
mail or the Internet.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Patricia A. Kurkul at the above 
address and by e-mail to [email protected], or by fax to (202) 
395-7285.

FOR FURTHER INFORMATION CONTACT: Michael Pentony, Senior Fishery Policy 
Analyst, (978)281-9283, fax (978)281-9135, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing the fishery management plans (FMPs) for 
the summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, monkfish, Atlantic mackerel, squid, butterfish, Atlantic 
surfclam, ocean quahog, Atlantic herring, Atlantic deep-sea red crab, 
tilefish, Atlantic bluefish, skates, and spiny dogfish fisheries are 
found at 50 CFR part 648. These FMPs were prepared under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). All dealers and vessels issued a Federal permit 
in the aforementioned fisheries must comply with the reporting 
requirements outlined at Sec.  648.7. Lobster dealers issued a Federal 
lobster permit, but not issued any of the permits with mandatory 
reporting requirements, are not required to comply with these reporting 
regulations, although other reporting requirements may apply. NMFS is 
proposing to modify several components of these reporting regulations 
to simplify reporting requirements, improve data quality and data 
access, maximize compliance, and improve the information available for

[[Page 2871]]

the management of important marine resources.

Dealer Electronic Reporting

    The majority of reports submitted by seafood dealers to the NE 
Regional Office of NMFS are via paper-based forms, with a small 
percentage submitted using electronic media. Paper-based reports were 
the preferred method for submitting seafood transaction information in 
the past. However, with the Internet and high-speed data transfer 
alternatives available, paper forms are no longer the most efficient 
method for dealers to submit the required information, nor for NMFS to 
receive and process it. As more dealers utilize computers, various 
software business applications, and the Internet as part of their 
normal business operations, it is an opportune time to take advantage 
of these technical capabilities to reduce the paper burden on dealers 
and improve data quality, accessibility, and timeliness.
    This proposed rule would require all seafood dealers permitted 
under Sec.  648.6 to submit, on a daily basis, an electronic report 
containing the required trip-level information for each purchase of 
fish made from fishing vessels. Electronic data submission would 
replace the comprehensive trip-by-trip written reports dealers are 
required to submit weekly, as well as the weekly landings summary 
reports submitted through the dealer IVR system for quota-monitored 
species. Dealers would be required to submit an electronic negative 
report for each week in which no fish were purchased. As is presently 
the case for fisheries requiring negative reports, dealers would be 
allowed to submit negative reports for up to 3 months in advance, if 
they know that no fish will be purchased during that time.
    There would be four mechanisms from which dealers could choose how 
they submit purchase reports electronically. Because dealers use 
computer applications to varying degrees, NMFS intends to develop an 
Internet web site that would enable dealers to transfer information to 
NMFS via an Internet File Transfer Protocol (FTP) or to enter the data 
directly into an online form. Dealers without Internet access would 
have the option of submitting electronic landings report files directly 
to NMFS via a standard FTP and the phone line. A fourth option would 
allow dealers to use an acceptable file upload report system 
implemented by one or more state fishery management agencies. Dealers 
would receive a user name and personal identification number (PIN) that 
would enable them to log onto a secure site and submit their reports.
    To ensure compatibility with the reporting system and database, 
seafood dealers would be required to obtain and utilize a personal 
computer, in working condition, with an Intel Pentium 3-equivalent 300 
megahertz or greater processing chip, at least 128 megabytes of random 
access memory (RAM), a 56,000 baud data/fax modem or cable or DSL 
modem, Microsoft Internet Explorer version 6.0 (or equivalent) or 
better, and a monitor with 800 pixel by 600 pixel or better resolution.
    Due to the Magnuson-Stevens Act provision that renders fish 
purchase reports from dealers confidential, information sent from 
dealers to NMFS in compliance with the electronic reporting 
requirements would be subject to strict encryption standards and would 
be available only to authorized agency personnel and the submitter. 
Dealers would also be allowed to access, review, and edit the 
information they have submitted, using a secure procedure similar to 
those in common usage throughout the banking industry. Dealers would be 
allowed to make corrections to their purchase reports via the 
electronic editing features for up to 3 days following the initial 
report. If a correction is needed more than 3 days following the 
initial report, this extension would only be possible through a direct 
request to NMFS staff, and may be subject to enforcement action. These 
submissions would constitute the official reports as required by the 
various FMPs in the Northeast. No other reporting methods are 
anticipated at this time.
    The electronic submission of dealer landings reports would reduce 
the paper burden for dealers and result in higher quality and more 
timely information being available for fishery managers, scientists, 
and to industry members only in aggregate form that does not identify 
the submitter or his/her business. In addition, electronic submission 
would reduce the need for manually processing the reports, thus 
reducing or eliminating one potential source of errors in these 
critical reports.
    Improved timeliness of landings data makes electronic reporting an 
especially effective tool for monitoring quota-managed species. For 
instance, the widespread use of and access to the Internet would enable 
users to submit information to NMFS near the time the landings actually 
occurred. The availability of detailed landings information on a near 
real-time basis would allow NMFS to keep more accurate accountings of 
landings for quota-managed species and reduce the likelihood of quota 
overages, as well as early closures of these fisheries. In addition, 
improvements in the quality, timeliness, and detail of the information 
provided through electronic reporting would lead to improvements in the 
precision of landings projections and reduce the uncertainty associated 
with the current projections. Thus, implementation of electronic 
reporting would eliminate the need for other quota monitoring systems, 
such as the dealer IVR system, as landings information at a greater 
level of detail for all species would be available to NMFS managers on 
a daily basis. Further, electronic reporting would eliminate 
duplication of effort for dealers who currently enter purchase 
information into a computer database for their own business records and 
also write the same information on a government-issued paper form for 
submission to NMFS.
    At the time most FMPs were developed, electronic reporting was not 
considered a viable option, nor a priority for the industry or NMFS. 
However, as technology evolves and the technological capabilities of 
individuals and small businesses increase, NMFS intends to utilize and 
accommodate these technological advances.

Changes to the Dealer Submission Schedule

    This proposed rule would modify the schedule for the submission of 
comprehensive trip-by-trip reports by all federally permitted seafood 
dealers. Currently, detailed reports for all transactions in a 
reporting week must be postmarked or received by NMFS within 16 days 
after the end of each reporting week. This action would require all 
federally permitted seafood dealers to submit daily electronic reports, 
which would be due within 24 hours after the day of purchase, or 
midnight of the next business day, whichever is later. NMFS is aware 
that not all required data elements, such as price and disposition of 
fish, may be available within this timeframe; therefore, to accommodate 
this lag in availability, price and disposition information must be 
submitted within 3 days of the end of the reporting week (by midnight 
Tuesday of the week after the purchase was made). This would be 
accomplished through an update procedure in which the dealer would 
access and update the data submitted for the previous reporting week. 
Dealers using an FTP submission process would be allowed to submit an 
updated report and transmit the updated information using a modified 
FTP process.

[[Page 2872]]

    Present reporting requirements state that dealers must complete 
negative reports for months in which no fish were purchased, and that 
these reports must be submitted within 16 days after the end of the 
reporting month. Under this proposed rule, dealers would be required to 
submit a negative report for each week in which no fish were purchased. 
Negative reports would be due within 3 days of the end of the reporting 
week (midnight on Tuesday of the following week). As is presently the 
case, dealers would be allowed to submit negative reports in large 
blocks ahead of time (up to 3 months) if they know that no fish would 
be purchased during these times. This would decrease the number of 
reports required of dealers who can predict periods of inactivity.
    For the 2004 calendar year, negative reports would be accepted via 
hardcopy, as well as via electronic means. Beginning January 1, 2005, 
all negative reports, as well as purchase reports, would only be 
accepted via one of the available electronic reporting mechanisms. This 
means that some federally permitted dealers that would not be making 
any fish purchases immediately following the implementation of this 
action would not have to come into full compliance to be able to submit 
dealer purchase reports via electronic means until they either: (1) 
Anticipate making a fish purchase from a fishing vessel during the 2004 
calendar year; or (2) apply for their 2005 dealer permit renewal. As of 
the beginning of the 2005 calendar year, any dealer that has not come 
into compliance with this action and is unable to submit negative and 
purchase reports via one of the available electronic reporting methods 
above would not have his/her permit renewed. Said dealer could reapply 
and obtain a new Federal dealer permit once he/she acquires the 
capability to submit all required reports electronically.

Quota Monitoring

    Quota monitoring of many species, including summer flounder, scup, 
black sea bass, regulated NE multispecies, Illex squid, Loligo squid, 
Atlantic bluefish, and spiny dogfish is currently accomplished through 
the dealer IVR system. Full implementation of electronic reporting 
under this proposed rule would eliminate the need for the existing 
dealer IVR system, as landings information pertaining to all species, 
including quota-monitored species, would be available to NMFS on a 
daily basis. Dealers would no longer be required to submit weekly 
landing summary reports or weekly negative reports through the dealer 
IVR system for quota-monitored species. Vessel owners/operators 
currently required to report through the IVR system would continue to 
be required to do so.

Trip Identifier

    In order for each fishing trip to be uniquely identifiable and to 
aid in matching dealer purchase report data with the corresponding 
vessel log report data, this proposed rule would explicitly define and 
implement reporting of a trip identifier for each trip from which fish 
are purchased. The trip identifier requirement would apply to all 
purchases made by a federally permitted dealer, whether from a 
federally permitted vessel or not. The trip identifier would be defined 
as follows: ``Trip identifier'' is the serial number of the vessel 
logbook page(s) completed for that trip, if applicable, or a 
combination of the date sailed, specified numerically, and, if the 
vessel sailed more than once on the same day, the sequential trip 
number within the date sailed. For example, ``02010302'' would 
represent a fishing trip that began on February 1, 2003, and was the 
second trip of that day.
    To facilitate the transfer of this information from the vessel to 
the dealer, the vessel logbook packet would include a page labeled 
``dealer copy.'' This page includes the unique serial number for the 
logbook packet, the vessel name, the USCG document or state 
registration number, the vessel permit number, and the date/time 
sailed. The dealer would then record the unique serial number located 
on his/her copy of the vessel trip report onto the appropriate purchase 
report before submitting this information via one of the available 
electronic reporting mechanisms. If more than one vessel logbook is 
completed for a single fishing trip, only one serial number need be 
recorded.

Disposition Code

    The disposition of seafood products is needed to determine the 
ultimate fate and use of harvested fish. To ensure the disposition is 
accurately reflected in the database, this proposed rule would require 
that all federally permitted dealers report the disposition of any fish 
that they purchase. Disposition information would include such 
categories as ``sold as food,'' ``sold for bait,'' and ``not sold.''

Mailing Address

    To eliminate duplication of information reported, dealers would no 
longer be required to record their mailing address on each purchase 
report. Dealers would continue to be required to provide their current 
mailing address on the permit application and to notify NMFS of any 
change in their mailing address.

Changes to Surfclam and Ocean Quahog Dealer Reporting

    To eliminate confusion regarding the information required to be 
submitted by surfclam and ocean quahog dealers and processors, these 
dealers and processors would no longer be required to report the 
allocation permit number of the vessel(s) from which they purchase 
surfclams or ocean quahogs, nor would processors be required to report 
the size distribution and meat yield per bushel by species.

Annual Processed Products Report

    All federally permitted seafood dealers subject to this proposed 
rule, including surfclam and ocean quahog dealers, would be required to 
complete all sections of the Annual Processed Products Survey.
    In addition to the proposed action, NMFS considered several 
alternatives, including: (1) Making no changes to the current seafood 
dealer reporting requirements; (2) voluntary electronic reporting for 
federally permitted dealers; (3) mandatory electronic reporting for 
some federally permitted dealers, based on a threshold criterion of 
$300,000 in annual purchases in at least 1 year between 2000 and 2002; 
and (4) tiered implementation of mandatory electronic reporting for 
federally permitted dealers, based on the same threshold criterion. 
NMFS selected the proposed action from among the other alternatives 
because it would provide for a substantial improvement in data 
collection, make purchase report data more readily available, provide 
for a substantial improvement in the ability of NMFS to monitor 
landings of quota-managed species, and minimize costs to the Government 
that would be required if the Government was required to maintain 
multiple data collection systems, as under all of the other 
alternatives save the no action alternative.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act (RFA), that describes the economic impact this proposed 
rule, if adopted, would have on small entities. A description of the 
action, why it is being considered, and the legal basis for the action, 
are contained in the

[[Page 2873]]

preamble to this proposed rule and in the SUMMARY. The preamble to this 
proposed rule also includes descriptions of the proposed, no action, 
and other alternatives discussed here. This rule does not duplicate, 
overlap, or conflict with any relevant Federal rules. All dealers that 
would be impacted by this proposed rulemaking are considered to be 
small entities; therefore, there would be no disproportionate impacts 
between large and small entities. A summary of the analysis follows:
    The purpose of this regulatory amendment is to improve monitoring 
of commercial landings by collecting more timely and accurate data, 
enhance enforceability of the existing regulations, promote compliance 
with existing regulations, and ensure consistency in reporting 
requirements among fisheries. The proposed action would impact seafood 
dealers and processors who make purchases from vessels landing specific 
species in the NE Region. Dealers are firms who buy product from 
vessels and then sell directly to restaurants, markets, other dealers, 
processors, and consumers without substantially altering the product. 
Processors are firms that buy raw product and produce another product 
form, which is then sold to markets, restaurants, or consumers. The 
vast majority of dealers and processors have at least four different 
permits.
    Based on 2002 landings information, it is estimated that 
approximately 500 dealers and processors would need to comply with the 
proposed rule. The majority of these dealers and processors are 
resident in Massachusetts (26 percent), Maine (20 percent), New York 
(16 percent), and Rhode Island (11 percent). All other coastal states 
through North Carolina have dealers and processors who would need to 
comply with the proposed action, and there are companies with dealer 
licenses who purchased fish in 2002 from as far away as California and 
Hawaii. However, the value of fish purchased by dealers outside of the 
NE Region is so small that they may not continue purchasing fish 
directly from vessels if they are forced to comply with mandatory 
electronic reporting and do not currently have the capability to report 
electronically.
    During 2001 and 2002, the amount and average values of fish 
purchased by dealers and processors who would need to comply with the 
proposed measures was quite variable. Dealers are currently defined 
such that a cooperative, an auction house, or a fish exchange are all 
considered as an individual dealer. Many of these types of dealers 
handle a great volume of purchases from a large number of vessels. At 
the other extreme, there are single operative dealers who buy 
predominately one species from a small number of vessels. The economic 
impacts of electronic reporting would affect these groups in a 
different manner. For 2001-2002, the average total annual ex-vessel 
value of product purchased by the lowest 10 percent of dealers was less 
than $3,000, while the value of the uppermost 10 percent of dealers 
(those in the 90th percentile) was more than $3,000,000. The median 
value was $156,629 for all species purchases, while the median value 
purchased of regulated species was $56,925. However, on a percentage 
basis, the gap between purchases of regulated and non-regulated species 
narrows for dealers in the 90th percentile and above.
    Based on industry surveys conducted over the past year, NMFS 
estimates that at least 50 firms have the necessary computer hardware, 
software, and Internet connections to comply with this proposed rule 
with no additional cost. It is therefore assumed that as many as 450 
firms would need to purchase the hardware and software and obtain an 
Internet connection. It is very likely that more than 50 currently 
active dealers have computers and Internet access, but this information 
is unavailable at this time. While this additional information (the 
actual number of permitted dealers with computer capability and 
Internet access) would be useful in the analysis of the potential 
economic impacts of the proposed action and alternatives, the process 
to collect this information could not be completed within the timeframe 
necessary for this action.
    Industry costs to comply with the proposed action were calculated 
by estimating the costs for each firm and then multiplying by the 
expected number of firms that would need to comply. Costs were 
separated into initial start-up costs for purchasing the necessary 
computer hardware and software, and monthly Internet expenses and labor 
costs. Costs are considered net of the no-action scenario, meaning that 
they are only considered if they increase (or decrease) costs assumed 
under the current regulations.
    Hardware, software, and training costs are based on prices found 
during October 2003 for computer systems that would meet the minimum 
technical requirements necessary to be compatible with the reporting 
system. Components are priced separately, although lower costs may be 
found through package deals. Training costs could be higher if 
employees needed to obtain ``hands-on'' training with an instructor, 
rather than just purchase educational material. Additionally, start-up 
costs could be higher if accountants or other professionals were hired 
to initially set-up the system. Total estimates for the hardware, 
software, and dial-up Internet service were between $671 and $1,479 per 
dealer. Dealers who select Digital Subscriber Line (DSL) or Cable Modem 
connections would face higher costs than those that chose dial-up 
connections. It is unknown whether all dealers would have these options 
available (all Internet connection types are not available in all areas 
at this time), but it would likely add an average of $75 per month 
($900 per year) to their costs.
    This proposed rule would require all federally permitted dealers to 
submit daily an electronic report for each purchase of fish made from 
fishing vessels. Daily electronic data submission would replace the 
current trip-by-trip written and IVR reports that dealers submit 
weekly. As stated above, hardware, software, and training costs were 
estimated to be between $671 and $1,479 per dealer, and it was 
estimated that 450 dealers would need to make these purchases. The 
total industry cost was estimated to be between $301,950 and $665,550. 
Changes in labor costs would impact firms yearly, although over time 
firms would be able to adjust their business practices and use of 
inputs to mitigate some of those costs. It is estimated that the 
additional labor cost per firm would be $98 annually, and that total 
industry labor costs would increase by $44,100.
    Under the no action alternative, there would be no increases in 
costs to the dealers and no revisions would be made to the existing 
recordkeeping and reporting requirements. Under the alternative to make 
daily electronic reporting voluntary, federally permitted dealers would 
be given the option to report all fish purchases electronically rather 
than via the present reporting requirements. Dealers that opted to 
report electronically all purchases on a trip-by-trip basis, as under 
the proposed action, would be exempt from the regulations requiring 
weekly hardcopy purchase reports and IVR reports. Dealers that did not 
opt to utilize electronic reporting would continue to be required to 
provide weekly hardcopy purchase reports and, if applicable, IVR 
reports. There is no information available on the number of firms that 
would voluntarily submit electronic reports. For many of the larger 
dealers that already have the capability to report electronically, it 
would undoubtedly make sense for them to participate, as they would not 
incur any additional costs to do so and may see an overall

[[Page 2874]]

decrease in costs by not having to report via the currently required 
mechanisms. However, many dealers would likely not participate, 
resulting in an overall lower cost to the industry than the preferred 
alternative.
    The alternative that would use a threshold criterion to determine 
which dealers must comply with electronic reporting would mandate daily 
electronic reporting for dealers who purchased $300,000 or more of fish 
(ex-vessel value) from commercial fishing vessels in at least 1 year 
between 2000 and 2002. Data show that this alternative would impact 
approximately 50 percent of the dealers, which translates into an 
overall industry cost of one-half the cost of the proposed action.
    The alternative that would use a threshold criterion to determine 
when dealers must come into compliance with electronic reporting would 
mandate electronic reporting for all dealers, but delay implementation 
by a year for dealers who purchased less than $300,000 worth of fish in 
all years between 2000 and 2002. This would delay implementation for 
approximately 50 percent of the dealers. Compared to the proposed 
action, this alternative would be less costly to industry in present 
value terms due to the delayed implementation, and assuming that the 
price of computers and software does not increase.

Collection-of-Information Requirements

    This proposed rule contains two collection-of-information 
requirements, which have been submitted to OMB for approval. The 
public's reporting burden for the collection-of-information 
requirements includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information requirements.
    The new and revised reporting requirements and the estimated time 
for a response are as follows: 8 minutes for a dealer purchase report 
and 30 minutes for the Annual Processed Products Survey.
    Public comment is sought regarding: Whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NMFS and to OMB (see ADDRESSES).
    Notwithstanding any other provision of 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 14, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, a new definition for ``trip identifier'' is 
added, in alphabetical order, to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Trip Identifier means the serial number of the vessel logbook 
page(s) completed for that trip, if applicable, or a combination of the 
date sailed, specified numerically, and, if the vessel sailed more than 
once on the same day, the sequential trip number within that date 
sailed.
* * * * *
    3. In Sec.  648.7, paragraphs (a), (e), (f)(1), and (f)(3) are 
revised to read as follows:


Sec.  648.7  Record keeping and reporting requirements.

    (a) Dealers--(1) Detailed daily report. Federally permitted dealers 
must submit to the Regional Administrator or to the official designee a 
detailed daily report, within the time periods specified in paragraph 
(f) of this section, by one of the available electronic reporting 
mechanisms approved by NMFS, of all fish purchases. The following 
information, and any other information required by the Regional 
Administrator, must be provided in each report:
    (i) All dealers issued a dealer permit under this part must 
provide: Dealer name; dealer permit number; name and permit number or 
name and hull number (USCG documentation number or state registration 
number, whichever is applicable) of vessel(s) from which fish are 
landed or received; trip identifier for each trip from which fish are 
landed or received; date(s) of purchases; pounds by species (by market 
category, if applicable, or, if a surfclam or ocean quahog processor or 
dealer, the number of bushels by species); price per pound by species 
(by market category, if applicable, or, if a surfclam or ocean quahog 
processor or dealer, the price per bushel by species) or total value by 
species (by market category, if applicable); port landed; cage tag 
numbers (if a surfclam or ocean quahog processor or dealer); 
disposition of the seafood product; and any other information deemed 
necessary by the Regional Administrator. If no fish are purchased 
during a day, no report is required to be submitted. If no fish are 
purchased during an entire reporting week, a report so stating must be 
submitted.
    (ii) [Reserved]
    (iii) Dealer reporting requirements for skates. In addition to the 
requirements under paragraph (a)(1)(i) of this section, dealers shall 
report the species of skates received. Species of skates shall be 
identified according to the following categories: Winter skate, little 
skate, little/winter skate, barndoor skate, smooth skate, thorny skate, 
clearnose skate, rosette skate, and unclassified skate. NMFS will 
provide dealers with a skate species identification guide.
    (2) System requirements. All persons required to submit reports 
under paragraph (a)(1) of this section are required to have the 
capability to transmit data over a telephone line using a computer 
modem. To ensure compatibility with the reporting system and database, 
dealers are required to obtain and utilize a personal computer, in 
working condition, that meets the minimum specifications identified by 
NMFS. The affected public will be notified of the minimum 
specifications via a letter to all Federal dealer permit holders.
    (3) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to submit the following 
information on an annual basis, on forms supplied by the Regional 
Administrator:
    (i) All dealers issued a dealer permit under this part must 
complete all sections of the Annual Processed Products Report for all 
species of fish that were processed during the previous year. Reports 
must be submitted to the address supplied by the Regional 
Administrator.
    (ii) Surfclam and ocean quahog processors and dealers whose plant

[[Page 2875]]

processing capacities change more than 10 percent during any year shall 
notify the Regional Administrator in writing within 10 days after the 
change.
    (iii) Atlantic herring processors, including processing vessels, 
must complete and submit all sections of the Annual Processed Products 
Report.
* * * * *
    (e) Record retention. Records upon which purchase reports are based 
must be retained and be available for immediate review for a total of 3 
years after the date of the last entry on the report. Dealers must 
retain the required records at their principal place of business. 
Copies of fishing log reports must be kept on board the vessel for at 
least 1 year and available for review and retained for a total of 3 
years after the date of the last entry on the log.
    (f) * * *
    (1) Dealer or processor reports. (i) Detailed daily trip reports, 
required by paragraph (a)(1)(i) of this section, must be received 
within 24 hours of a purchase of fish from a fishing vessel, or by 
midnight of the next business day following the day fish are received 
from a fishing vessel. Reports of purchases made on a Friday, Saturday, 
or Sunday must be received by midnight of the following Monday. If no 
fish are purchased during a reporting week, the report so stating 
required under paragraph (a)(1)(i) of this section must be received 
within 3 days after the end of the reporting week, or by midnight on 
the following Tuesday.
    (ii) Dealers who want to make corrections to their purchase reports 
via the electronic editing features may do so for up to 3 days 
following submission of the initial report. If a correction is needed 
more than 3 days following the submission of the initial purchase 
report, the dealer must contact NMFS directly to request an extension 
of time to make the correction.
    (iii) To accommodate the potential lag in availability of some 
required data, price and disposition information may be submitted after 
the initial purchase report, but must be received within 3 days of the 
end of the reporting week, that is, by midnight on the following 
Tuesday. Dealers will be able to access an update procedure in which 
the dealer accesses and updates previously submitted price and 
disposition data for that reporting week.
    (iv) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator (see Table 1 to Sec.  600.502) for the address of NMFS 
Statistics.
* * * * *
    (3) At-sea purchasers, receivers, or processors. All persons, 
except persons on Atlantic herring carrier vessels, purchasing, 
receiving, or processing any Atlantic herring, summer flounder, 
Atlantic mackerel, squid, butterfish, scup, or black sea bass at sea 
for landing at any port of the United States must submit information 
identical to that required by paragraph (a)(1) of this section and 
provide those reports to the Regional Administrator or designee by the 
same mechanism and on the same frequency basis.
* * * * *
[FR Doc. 04-1214 Filed 1-15-04; 2:41 pm]
BILLING CODE 3510-22-S