[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34947-34968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12848]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140905757-6404-01]
RIN 0648-BE42
Fisheries off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Commercial Sablefish Fishing Regulations and
Electronic Fish Tickets
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise fishery monitoring and
equipment requirements for all commercial groundfish fisheries,
including a requirement for submitting electronic fish tickets in the
limited entry fixed gear fisheries and open access fisheries. This
proposed rule would revise administrative procedures for limited entry
permits, providing greater flexibility and efficiencies for limited
entry groundfish fishery participants. This proposed rule also would
require vessels registered to Vessel Monitoring Systems (VMS) to make
an initial VMS declaration. This proposed rule also would make
administrative changes and clarifying edits to improve consistency of
the regulations with past Pacific Fishery Management Council (Council)
actions and with the Pacific Coast Groundfish Fishery Management Plan
(FMP). This action is needed to improve monitoring and administration
of the limited entry sablefish primary fishery and address unforeseen
issues arising out of the evolution of commercial sablefish fisheries
and subsequent regulations.
DATES: Comments on this proposed rule must be received by July 1, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0032, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the
[[Page 34948]]
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0032, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070;
Attn: Gretchen Hanshew.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
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 William W. Stelle Jr., Regional
Administrator, West Coast Region NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115-0070 and to OMB by email to
[email protected] or fax to (202) 395-7285.
Electronic copies of the environmental assessment (EA) for this
action may be obtained from http://www.regulations.gov or from West
Coast Region's Groundfish Web site: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, 206-526-6147,
[email protected]
SUPPLEMENTARY INFORMATION:
Purpose of Proposed Rule and Summary of Major Actions
Purpose of the Regulatory Action
The purpose of this proposed rule is to improve the timeliness and
accuracy of sablefish catch reporting in the limited entry fixed gear
fisheries and open access fisheries, to provide more flexibility and
efficiencies for harvesters in the Shorebased Individual Fishing Quota
(IFQ) Program and limited entry fixed gear fisheries, and to implement
several administrative and clarifying changes to monitoring and
permitting provisions of regulations for all of the limited entry and
open access commercial groundfish fisheries on the West Coast.
Major Actions
This proposed rule contains eight major actions, along with related
minor clarifications and non-substantive changes. The first action is a
new requirement for electronic fish tickets to be submitted for all
commercial landings of sablefish delivered to Washington, Oregon and
California fish buyers. The second action would provide qualified
vessel owners an opportunity to apply for an exemption to the ownership
limitation of three permits in the limited entry sablefish primary
fishery. The third action would allow a single vessel to be
simultaneously (jointly) registered to multiple limited entry permits,
one of which may have a trawl gear endorsement. The fourth action
prohibits vessels that have been granted an at-sea processing exemption
for sablefish in the limited entry fixed gear fishery from processing
sablefish at sea when that vessel is participating in the Shorebased
IFQ Program. The fifth action would clarify that, consistent with FMP
Amendment 6, sablefish catch in incidental open access fisheries is
counted against the open access allocation, and is not deducted from
the commercial harvest guideline. The sixth action would require any
vessel that has a VMS registered with NMFS Office of Law Enforcement
(OLE) to make a declaration with OLE. The seventh action would update
and simplify equipment requirements for electronic fish tickets. The
eighth action makes clear that prohibitions governing groundfish
species taken in the limited entry fixed gear fishery should not
prohibit taking more than the allowable quota, but rather, should
prohibit taking and retaining. In addition, the action includes
housekeeping changes that are intended to better align the regulations
with defined terms, and to provide clarity and consistency between
paragraphs.
Background
Authorities
The groundfish fisheries in the exclusive economic zone (EEZ) off
the west coast of the United States are managed under the FMP. The FMP
was prepared by the Pacific Fishery Management Council (Council) under
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) as amended by the Consolidated Appropriations Act of 2004
(Pub. L. 108-199, section 801). Regulations implementing provisions of
the FMP are located at 50 CFR part 660, subparts C through G.
Commercial Sablefish Fisheries
This proposed rule includes several actions that would revise
regulations for commercial fisheries that harvest sablefish. Proposed
regulatory changes would apply to the Shorebased IFQ Program, the
limited entry fixed gear fishery, which includes the limited entry
sablefish primary fishery and the daily trip limit (DTL) fishery, and
the open access fishery.
The Shorebased IFQ Program off the west coast operates from the
northern border between the United States and Canada to Morro Bay,
California. Each vessel that participates in this sector must have a
federal limited entry groundfish permit with a trawl endorsement.
Active management of the sector began in the early 1980's with the
establishment of harvest guidelines and trip limits for several
species, including sablefish. Sablefish is managed as an IFQ species in
the Shorebased IFQ Program, and may be harvested by vessels registered
to a trawl-endorsed limited entry permit. Vessels may fish their IFQ
with trawl gear, or may fish with fixed gear under the program's gear
switching provisions. Few changes to the Shorebased IFQ Program
regulations are proposed through this rulemaking.
A federal limited entry groundfish permit is also required to
participate in the limited entry fixed gear fishery. All limited entry
fixed gear permits have at least one gear endorsement for longline gear
and/or pot/trap gear. Permits may have multiple gear endorsements. In
addition, limited entry fixed gear permits may have an endorsement to
fish sablefish in the sablefish primary fishery.
Each sablefish-endorsed permit is associated with an annual share
of the sablefish allocation to the limited entry fixed gear fishery.
Sablefish-endorsed permits are assigned to Tier 1, 2, or 3. Each Tier 1
permit receives 1.4 percent, each Tier 2 permit receives 0.64 percent
and each Tier 3 permit receives 0.36 percent of the sablefish
allocation. Each year, these shares are translated into cumulative
limits (in pounds), or tier limits, which can be caught anytime during
the sablefish primary season.
Regulations allow for up to three sablefish-endorsed permits to be
stacked on a single vessel. Permit stacking was implemented through FMP
Amendment 14 in 2002 to increase the economic efficiency of the fleet
and promote fleet capacity reduction. Stacking more than one sablefish-
endorsed permit on a vessel allows the vessel to land sablefish up to
the sum of the associated tier limits. However, permit stacking does
not increase cumulative limits for any
[[Page 34949]]
other species; cumulative limits for non-sablefish species apply on a
per-vessel basis.
Fishing in the sablefish primary season takes place over a seven-
month period from April 1 to October 31. Vessels may land their tier
limits at any time during the seven-month season. However, once the
primary season opens, all sablefish landed by a vessel fishing in the
limited entry fixed gear fishery and registered to a sablefish-endorsed
permit is counted toward attainment of its tier limit(s). Vessels
registered to a sablefish-endorsed permit can fish in the limited entry
fixed gear DTL fishery (e.g. under weekly and bi-monthly trip limits)
from January 1 through March 31 and after the primary fishery. The
sablefish primary fishery for a vessel closes once their tier limit(s)
is caught or when the primary season closes October 31.
Groundfish may be taken and retained by vessels that are not
registered to limited entry permits. These vessels are considered to be
fishing in the open access fishery. Some vessels fishing in the open
access fishery may be targeting groundfish species (e.g. open access
sablefish DTL fishery). Other vessels may be targeting other species
and retaining incidentally caught groundfish. Because there is no
federal license limitation program for the open access fishery, the
total number of participants in the open access fishery varies widely
from year to year. Open access vessels can use a variety of fixed
gears, including hook-and-line or pot/trap gear, longline, fishing
pole, and vertical longline. Vessels that participate in the open
access fishery and use non-groundfish trawl (e.g. shrimp trawl) gear
may also retain groundfish species in limited amounts.
Need for These Actions
Since FMP Amendments 6 and 14, the Council has recommended and NMFS
has implemented over a dozen rulemakings and several FMP amendments
directly and indirectly affecting commercial fisheries that harvest
sablefish. These actions often did not revise all federal groundfish
regulations, but were sector or fishery specific, species specific, or
related to setting harvest levels or routine management measures for
ongoing fisheries. Changes to regulations, evolution of both state and
federal recordkeeping and reporting requirements, and unforeseen
complications for vessels that participate in other fisheries in
addition to the groundfish fishery, created a need for a variety of
comprehensive updates, changes, and clarifications to federal
groundfish regulations. The proposed action implements several changes
that the Council recommended at different times and for a variety of
reasons. The proposed action also includes several regulatory changes
that are consistent with past Council recommendations and that add
clarity and consistency both within the regulations and between the
regulations and the FMP.
1. Electronic Fish Ticket Requirement for Sablefish Landings
General
NMFS is proposing a federal electronic fish ticket submittal
requirement for all commercial groundfish landings that include
sablefish. An electronic fish ticket is a web-based form used to send
groundfish landing data to the Pacific States Marine Fisheries
Commission (PSMFC). Electronic fish tickets are used to collect
information similar to the information required in state fish receiving
tickets or landing receipts (henceforth referred to as paper tickets),
but do not replace or change any state requirements. This requirement
would improve timeliness and accuracy of catch data for monitoring
harvest relative to applicable tier limits in the limited entry fixed
gear sablefish fishery and trip limits in the limited entry fixed gear
and open access DTL fisheries.
Once submitted, electronic fish tickets would immediately become
part of a centralized database administered by the PSMFC, and landing
data becomes available instantly to authorized users. Also, new
electronic fish ticket requirements would include mandatory reporting
of limited entry permit numbers for all limited entry fixed gear
landings, allowing harvest of tier limits to be distinguishable on a
per-permit basis. Depending on the state requirements, paper tickets
may be mailed by fish dealers to the state agencies, transcribed into a
database, reviewed and then submitted to the PSMFC for sector-specific
catch summary reports. Limited entry permit numbers are not required to
be reported on the paper tickets, so a variety of catch accounting
business rules are followed. In some cases, it can take months for
paper ticket harvest data to become available.
Since the start of the Shorebased IFQ Program in 2011, electronic
fish tickets have been required for landing IFQ species. Electronic
fish tickets have allowed vessel owners/operators, buyers and dealers,
and fishery managers timely access to catch information for IFQ
species. Many of the amendments in this proposed rule expand the
required use of electronic fish tickets to the limited entry fixed gear
and open access fisheries and are similar to those currently in place
for the Shorebased IFQ Program. Electronic fish ticket requirements for
the Shorebased IFQ Program are described in detail in proposed rules
(75 FR 32994, June 10, 2010; 75 FR 53380, August 31, 2010) and in final
rules (75 FR 60868, October 1, 2010; 75 FR 78344, December 15, 2010)
for that program.
New Requirements for Limited Entry Fixed Gear and Open Access Fisheries
In September 2013, the Council initiated the sablefish permit
stacking program review, which included consideration of improvements
to catch accounting against the tier limits associated with limited
entry fixed gear sablefish permits. At its June 2014 meeting, the
Council recommended that limited entry fixed gear sablefish permit
numbers be required on fish tickets in order to improve catch
accounting against sablefish primary fishery tier limits. In addition,
the Council also recommended that an electronic fish ticket be required
by federal regulation for all commercial sablefish deliveries,
including sablefish landings in both the limited entry fixed gear and
open access fisheries. The purpose of these new requirements would be
to improve the accuracy and timeliness of commercial groundfish
landings data for all groundfish species, particularly sablefish. This
proposed rule would require electronic fish tickets, with limited entry
permit numbers recorded for limited entry fixed gear landings, to be
submitted for groundfish deliveries that include any amount of
sablefish. Per the Council's recommendation, the requirement to submit
electronic fish tickets for sablefish landings would apply to first
receivers of fish from limited entry fixed gear and open access
vessels.
As in the Shorebased IFQ Program, this proposed rule makes the
first receiver the person responsible for submitting the electronic
fish ticket for a groundfish landing that includes sablefish. A first
receiver is the person who receives, purchases, or takes custody,
control, or possession of catch onshore directly from a vessel. The
Shorebased IFQ Program uses the term ``IFQ first receiver,'' and IFQ
landings can only occur at IFQ first receivers that have been certified
by NMFS with an IFQ first receiver site license. This proposed rule
uses the more broadly defined term ``first receiver,'' referring to any
person, fish buyer or dealer that is receiving, purchasing, taking
custody, control, or possession of a groundfish
[[Page 34950]]
landing, and would not require first receivers to have a first receiver
site license unless they also receive IFQ landings.
The proposed rule would require first receivers to maintain
hardware, software, and internet service such that electronic fish
tickets can be submitted in a timely fashion via web-based forms. These
equipment requirements for submitting groundfish electronic fish
tickets are described in the preamble below, under the heading, ``7.
Equipment Requirements for Electronic Fish Tickets.''
The proposed rule uses terms that have specific meanings when used
in other regulatory provisions governing electronic fish tickets.
``Recorded'' refers to any form of documentation of information that
will later be required for submittal of the electronic fish ticket.
``Submitted'' refers to the act of sending the completed, final
electronic fish ticket form via the web-based platform. When a ticket
has been submitted, it cannot be withdrawn, but it can be revised, as
needed. The proposed rule defines a ``sablefish landing'' as an offload
that includes any amount of sablefish harvested in either the limited
entry fixed gear or open access fishery.
The proposed rule includes electronic fish ticket requirements in
order to facilitate complete, accurate and timely reporting. The
proposed rule would prohibit transporting any groundfish from a
sablefish landing away from the point of landing before the information
that is required on the electronic fish ticket is recorded, and would
prohibit processing, selling, or discarding any groundfish received
from a sablefish landing that has not been accounted for on an
electronic fish ticket. In addition, the electronic fish ticket must
include a vessel identification number and a single limited entry
permit number that the catch will be attributed to. Although the
landing of sablefish is what would trigger the requirement to submit an
electronic fish ticket, all groundfish landed, including sablefish and
non-sablefish groundfish species, must be recorded on an electronic
fish ticket.
The proposed rule includes recordkeeping and reporting requirements
for participants and first receivers in the limited entry fixed gear
fishery (new language in 50 CFR 660.213) and in the open access fishery
(new language in 50 CFR 660.313). The participants and first receivers
must submit accurate information, must not submit false information,
and must retain and make available any reporting records.
Information reported on an electronic fish ticket as envisioned in
this proposed rule would be similar to that recorded on state-mandated
paper fish ticket. However, these new requirements for first receivers
of sablefish caught in limited entry fixed gear and open access
fisheries are not intended to supersede or change any state
requirements relative to recording, submitting or retaining paper fish
tickets. Similar to current requirements for IFQ first receivers, this
proposed rule includes a requirement that first receivers record the
limited entry permit number if the vessel is landing sablefish in the
limited entry fixed gear sablefish primary fishery or the limited entry
fixed gear DTL fishery.
With the new electronic fish tickets required in the proposed rule,
vessel operators would have more timely and accurate landing
information available to them by accessing electronic fish ticket data
via their first receiver. First receivers would be able to view
summaries of electronic fish ticket data that they have submitted for a
vessel and provide those summaries to the vessel operator or other
authorized personnel. Under this proposed rule, first receivers would
be obligated, per proposed regulations at 50 CFR 660.213, to obtain the
signature of the vessel operator or owner on board when recording and
submitting electronic fish ticket information and they are required to
make that information available per proposed regulations at 50 CFR
660.212(d).
First receivers would have the ability to provide the vessel
operator (or other authorized personnel) a summary of sablefish
landings to date either on a vessel-specific basis or on a limited
entry permit-specific basis. This same information is available to
users with confidentiality agreements on file with PSFMC (e.g. OLE and
fishery managers). Confidential electronic fish ticket data would not
be publically available.
Discussion of additional, applicable requirements for information
to be supplied in electronic fish tickets and confidentiality
requirements for electronic fish ticket data is also included under the
following heading, ``New Requirements for the Limited Entry Fixed Gear
Sablefish Primary Fishery.''
New Requirements for the Limited Entry Fixed Gear Sablefish Primary
Fishery
A vessel may stack up to three limited entry fixed gear sablefish
permits. Each permit has an associated annual sablefish quota, or tier
limit that may be harvested during the limited entry fixed gear
sablefish primary fishery, which lasts from April 1 through October 31,
or when an individual vessel's tier limit(s) is (are) harvested.
The Council recommended electronic fish tickets for non-IFQ
fisheries, in part, to improve catch monitoring of sablefish landed and
counted against tier limits, and to make this catch information
available to vessel operators, law enforcement, and fishery managers.
As previously explained, electronic fish tickets would require
reporting the limited entry permit number that authorizes the sablefish
landing. For vessels fishing in the sablefish primary fishery, the
limited entry permit number of only one sablefish-endorsed permit would
be reported per ticket, even if the vessel has multiple sablefish-
endorsed permits registered to it. Rather than relying solely on their
own recordkeeping, or incomplete/delayed paper ticket summaries, as
under current fish ticket systems, vessel operators would have
immediate access to accurate, summarized landings data. This would
improve confidence in the accuracy of annual landings estimates and
ensure that vessel owners, first receivers, OLE, and fishery managers
all have access to the same summarized harvest data. The electronic
fish tickets would allow immediate availability of accurate summary
data that can be organized to show total landings of sablefish to date
against the annual tier limit(s) associated with that vessel. Timely
and accurate data provided by electronic fish tickets would allow
fishers to appropriately craft their fishing strategies, provide timely
alerts that allow law enforcement officials to investigate potential
tier limit overages, and give fishery managers the ability to track and
react to the current catch of sablefish relative to annual fishery
allocations. Thus, this proposed rule's provision requiring electronic
fish tickets for the sablefish primary fishery would directly improve
catch accounting against tier limits, and would make that information
available to industry, enforcement and fishery managers in a timely
manner.
The Council discussed the possibility of using the vessel accounts
system in place for the Shorebased IFQ Program as a model for creating
accounts for vessels fishing in the sablefish primary fishery. However,
the Council did not include a vessel or permit account system as part
of its proposed action. Vessels fishing in the limited entry fixed gear
sablefish primary fishery are only monitoring one species and two
sources of quota ``currency:'' the annual tier limit associated with
the limited entry sablefish permits registered to the
[[Page 34951]]
vessel, and debits against that tier limit from proposed electronic
fish tickets. This monitoring is not as complex as what is required for
the Shorebased IFQ Program. Based on this, vessels fishing in the
limited entry fixed gear sablefish primary fishery would not have
vessel accounts as vessels fishing in the Shorebased IFQ Program do.
Instead, vessels would estimate their tier limit balances with
information coming directly from the electronic fish ticket system,
provided to them by first receivers. This process is anticipated to
meet the catch accounting needs of industry, and to meet the monitoring
and catch accounting needs of the Council, fishery managers, and
enforcement.
Current regulations and catch accounting procedures do not allow
vessel operators to choose which sablefish permit's tier limit to which
their catch is applied. Under the provisions of this proposed rule,
electronic fish tickets would allow vessel operators to assign portions
of their sablefish landing among the sablefish permits registered to
their vessel, as desired. To achieve this, multiple electronic fish
tickets would be submitted for a single sablefish landing. When a
vessel registered to multiple sablefish endorsed permits makes a
sablefish landing, all catch must be recorded and submitted on
electronic fish tickets, as described above, under the heading, ``New
Requirements for Limited Entry Fixed Gear and Open Access Fisheries.''
In this proposed rule, a landing of sablefish caught in the limited
entry fixed gear sablefish primary fishery may be reported across
multiple electronic fish tickets, with one of the limited entry
sablefish permit numbers reported on each ticket. Following is an
example of two available options in the case of a vessel, which is
registered to two sablefish endorsed permits (Permits 1 and Permit 2)
and which makes a sablefish landing of 4,500 pounds:
Option A: The vessel operator may choose to attribute all of
those pounds to Permit 1 by recording that permit number on one
electronic fish ticket, resulting in a single electronic fish ticket
counting 4,500 pounds towards the annual tier limit associated with
Permit 1. Option B: The vessel operator may choose to apportion the
sablefish landed between two permits, as long as the annual tier
limits are not exceeded. Using two fish tickets, the first
electronic fish ticket could record 3,000 pounds to Permit 1 and the
3,000 pounds would count toward the annual tier limit associated
with Permit 1, while the second electronic fish ticket could record
1,500 pounds to Permit 2 and the 1,500 pounds would count towards
the annual tier limit associated with Permit 2.
Regardless of the number of electronic tickets submitted, the sum
total of annual sablefish landings must not to exceed the annual tier
limits associated with the limited entry permits registered to that
vessel, as currently established in regulations. It would be a
violation of the provisions of this proposed rule to submit an
electronic fish ticket for a sablefish landing in the sablefish primary
fishery without recording the sablefish-endorsed limited entry permit
number.
The improvements to catch monitoring associated with this proposed
rule's electronic fish ticket requirement would allow the removal of
the current 24-hour rule of separation of primary and DTL landings.
(The regulatory text of this proposed rule removes this current
requirement at 50 CFR 660.232(a)(3) and revises text for that section.)
A vessel would be allowed to apportion a landing against the remainder
of its tiers (thereby closing the sablefish primary fishery for that
vessel, per 50 CFR 660.231(b)), and the rest of the sablefish landed
may be submitted on a separate electronic fish ticket and would count
against applicable limited entry fixed gear DTL trip limits. This
allows vessels to count sablefish landed in excess of their tier limits
as DTL landings. Thus, this proposed rule would alter the process for
concluding a vessel's primary season and transitioning to the DTL
fishery. This would allow vessels to harvest the entirety of their tier
limits, but would not allow for a double-dipping effect, as the vessel
would still be subject to the same sablefish DTL cumulative limits as
they would have been under the 24-hour separation of primary and DTL
landings. In addition, the proposed rule would also replace the current
300-pound threshold, beyond which the Pacific Fisheries Information
Network (PacFIN) considered any additional sablefish landed as counting
against applicable DTL limits. That threshold effectively stranded up
to 300 pounds of unharvested sablefish in the vessel's transition from
primary to DTL sablefish fisheries.
The proposed reporting requirements for electronic fish tickets
would include a signature from the owner on board of either a printed
copy of the electronic fish ticket or the dock tickets for any landing
of sablefish in the limited entry fixed gear sablefish primary fishery,
unless exempted from owner-on-board requirements (50 CFR
660.231(b)(4)).
2. Exemption to Limited Entry Sablefish Permit Ownership Limitation
Current regulations (50 CFR 660.25(b)(3)(iv)(C)) state that no
individual person, partnership, or corporation in combination may have
ownership interest in or hold more than three permits with sablefish
endorsements either simultaneously or cumulatively over the primary
season (hereby referred to as ``ownership limitation''). This ownership
limitation was intended to prevent concentration of harvest privileges.
However, this restriction has led to unforeseen complications because
many persons, partnerships and corporations have harvest privileges in
both the Alaska IFQ sablefish fishery and the Pacific coast sablefish
fishery.
The Alaska sablefish IFQ fishery regulations require that a
sablefish quota owner must have at least part ownership in the vessel
that will fish their quota. Some of these vessels also participate in
the limited entry fixed gear sablefish fishery off the Pacific coast.
In such situations, any sablefish permit registered to that vessel
would count toward the three-permit ownership limitation of the person,
corporation, or partnership with part ownership of the vessel.
In September 2013, the Council initiated the sablefish permit
stacking program review, which included consideration of the current
three-permit ownership limitation (also referred to by the Council as
an own/hold rule or own/hold control limit) and explored a regulatory
amendment to provide relief to industry members who were limited
because of participation in the Alaska sablefish IFQ fishery. At its
June 2014 meeting, the Council recommended a process by which vessel
owners who meet certain qualifying criteria may petition NMFS for a
limited exemption to the ownership limitation.
The Council recommended this exemption to allow owners of a vessel
registered to limited entry fixed gear sablefish permits, who are also
part-owners of a vessel fishing sablefish IFQ in Alaska, to seek an
ownership limitation exemption. The exemption, if granted, would mean
that limited entry sablefish permits registered to a vessel (in which
they have an ownership interest) would not count toward their ownership
limit of three permits.
In this action, NMFS proposes new language at 50 CFR
660.25(b)(3)(iv)(D) to provide for such a process for issuance of an
exemption to the ownership limitation. The proposed language includes
qualifying criteria, the application process, and a description of the
circumstances under which the exemption would become null and void. The
application process would include submission of a new form, which would
be developed by NMFS and would
[[Page 34952]]
collect the ownership interest information needed to confirm that the
vessel owner meets the exemption criteria. This form would collect
vessel ownership interest information, broken down into percentages,
and would be similar to the form used in the Shorebased IFQ Program.
NMFS would use the information from the form submitted by the applicant
to make an initial administrative determination (IAD) on the merits of
the application. Applicants would follow the permit appeals process
under existing regulations at 50 CFR 660.25(g) regarding appeal of the
IAD, if needed.
Following the suggestion of a June 2014 NMFS Report (Agenda Item
F.6.b, NMFS Report 2; http://www.pcouncil.org/wp-content/uploads/F6b_NMFS_Rpt2_JUNE2014BB.pdf), the Council recommended that the
qualifying criteria include a requirement that the vessel owner must
own limited entry sablefish permit(s). However, upon further
exploration, NMFS found that some of the potential beneficiaries of
this ownership limitation exemption do not own limited entry sablefish
permits, but accrue counts against the ownership limitation only by
owning a vessel to which limited entry sablefish permits are registered
(i.e. they are vessel owners, not permit owners). Under the qualifying
criteria initially discussed by NMFS and the Council in June 2014,
those individuals would not qualify for the ownership limitation
exemption.
Based on the overall context of the Council recommendations for an
ownership limitation exemption, NMFS concludes that the Council meant
for this exemption to apply to any vessel owner that has been
negatively affected by ownership limitation provisions because of their
interest in the Alaska sablefish IFQ fishery, even if a vessel owner
did not have an ownership interest in a permit. Therefore, at Sec.
660.25(b)(3)(iv)(C)(1) regarding qualifying criteria, this proposed
rule does not include the phrase ``ownership interest in a sablefish-
endorsed limited entry permit.'' This proposed rule would allow a
vessel owner who meets all other criteria, but does not own or have
ownership interest in a sablefish-endorsed permit, to qualify for the
ownership limitation exemption. NMFS is seeking public comment from
affected industry on whether or not the final rule should include the
phrase, ``ownership interest in a sablefish-endorsed limited entry
permit,'' in the qualifying criteria language.
NMFS is also seeking comment from the affected industry on whether
to expand the qualifying criteria to include the Pacific halibut IFQ in
Alaska. It is possible that, due to similar owner-on-board
requirements, participation in the Pacific halibut IFQ fishery in
Alaska may also prompt the need for a sablefish ownership limitation
exemption.
The proposed rule would allow the owner of a vessel registered to a
sablefish endorsed limited entry permit (i.e. vessel owner) to apply
for an exemption to the three-permit ownership limitation at any time.
NMFS would issue an IAD within 60 days of receipt of a complete
application. Under this proposed process, NMFS suggests that the
application for an ownership limitation exemption be made by February
1, so that an IAD may be reached before the start of the primary
sablefish season on April 1. The reason for this is that the ownership
limitation exemption would not waive the cumulative ownership
limitation. This is because if a vessel owner were to start the primary
sablefish season on April 1 at or above the three-permit limit, an
exemption granted later in the season would not exempt the owner's
prior history.
The Council recommended that ``the exemption would remain in place
so long as there are no changes to vessel ownership.'' In order to
reduce the administrative burden for NMFS and vessel owners, the
Council did not recommend an annual renewal of the exemption. Instead,
the Council recommended that a change in vessel ownership would require
action. However, NMFS notes that vessel ownership is only one of the
components of the qualifying criteria that the Council recommended.
Therefore, at Sec. 660.25(b)(3)(iv)(D)(3), the proposed rule states
that once a vessel owner has been granted an exemption from the
ownership limitation, that exemption would remain in place so long as
the vessel owner that was granted the exemption continues to meet the
qualifying criteria. Should the vessel owner's circumstances change
such that they no longer meet the qualifying criteria, the exemption
would automatically become null and void thirty days after the change
in circumstances. Consistent with other exemptions issued by NMFS, if
NMFS at any time finds the vessel owner no longer meets the qualifying
criteria, NMFS will notify the vessel owner that they are not compliant
with the ownership limitation restriction. The vessel owner may re-
apply for an ownership limitation exemption at any time if they meet
the qualifying criteria. NMFS is seeking public comment from affected
industry regarding proposed regulations for invalidation of the
exemption at Sec. 660.25(b)(3)(iv)(D)(3).
The Council also recommended a limitation on the number of
exemptions that may be issued to a vessel owner in order to maintain
ownership limitations for individuals that own many vessels. As
recommended by the Council, NMFS is proposing that the exemption would
allow a vessel owner to seek an exemption for sablefish permits
registered on up to two vessels.
3. Joint Registration
Originally, the license limitation program (LLP), implemented
through Amendment 6 to the FMP (see the EA under ADDRESSES for more
information on the LLP), allowed vessels to register both a trawl and
fixed gear (longline and fishpot) endorsed permit at the same time.
Subsequently, regulations were modified and no longer allow vessels to
register multiple limited entry permits unless the permits are
sablefish-endorsed and stacked for use in the limited entry fixed gear
sablefish primary fishery. This restriction was put in place to keep
trawl and fixed gear fisheries temporally separated to meet enforcement
and monitoring needs. In 2004, a vessel monitoring program was
implemented that allowed vessels to identify which fishery they were
participating in through a declaration system. As part of FMP Amendment
20 trailing actions, in April 2012 the Council recommended that vessels
registered to a limited entry trawl permit be allowed to simultaneously
register to a limited entry fixed gear permit, also called ``joint
registration.'' In this proposed rule, NMFS proposes to allow joint
registration while clarifying how fishery-specific regulations would
still apply to vessels that are jointly registered.
Joint registration would allow vessels that are jointly registered
to fish in the Shorebased IFQ Program and the limited entry fixed gear
fishery with simply a change in VMS declaration. Existing VMS and
declaration systems meet monitoring and enforcement needs under the
joint registration language of this proposed rule.
Joint registration would be permitted in one of two configurations:
(1) Configuration A: One trawl permit and one, two, or three
sablefish endorsed permits.
(2) Configuration B: One trawl permit and one limited entry fixed
gear permit.
Configuration A would continue to allow stacking of limited entry
fixed gear sablefish permits, but would also allow a trawl endorsed
permit to be jointly registered to the same vessel simultaneously.
Under this
[[Page 34953]]
configuration, a vessel would be able to fish in the Shorebased IFQ
Program, the limited entry fixed gear fishery, and the limited entry
fixed gear sablefish primary fishery without having to transfer any of
its limited entry permits. Configuration B would allow a single trawl
permit and a single limited entry fixed gear permit to be jointly
registered to the same vessel simultaneously. Under this configuration,
a vessel would be able to fish in the Shorebased IFQ Program and the
limited entry fixed gear fishery without having to transfer a limited
entry permit. Under this proposed rule, registering permits to a single
vessel, simultaneously in either one of the configurations shown above,
would be considered ``joint registration.''
Joint registration is separate and distinct from sablefish-endorsed
permit stacking. A certain, specific set of regulations apply to the
vessel that has stacked sablefish permits and is fishing in the
sablefish primary fishery. In contrast, joint registration alone is not
associated with a specific set of regulations or a single fishery.
Joint registration would allow a vessel to switch between limited entry
fishery sectors (e.g. IFQ and limited entry fixed gear) with a change
in VMS declaration. Joint registration is not a fishery. The fishing
regulations that would apply to the jointly registered vessel depends
on which fishery that vessel declared into. This rulemaking proposes
specific language pertaining to the permitting actions, rules and
restrictions of joint registration at 50 CFR 660.25(b)(4)(iv).
Some additional restrictions would apply if a vessel participates
in multiple limited entry fisheries in the fishing year. These
situations and the applicable restrictions would be described in
crossover provisions at Sec. 660.60(h)(7). For example, if a vessel
participates in both the Shorebased IFQ Program and the limited entry
fixed gear fishery during a two-month cumulative limit period, then the
smallest trip limit for non-IFQ species applies. Jointly registered
vessels that want to fish in the open access fishery would have to
comply with crossover provisions that apply to both trawl permits and
limited entry fixed gear permits.
At the November 2011 Council meeting the Enforcement Consultants
(EC) discussed the increased importance of the declarations system, and
the EC strongly encouraged industry leaders to impress upon their
membership the importance of maintaining a proper declaration that
accurately reflects their fishing activity. Accuracy in the declaration
process is both required by law and vital to the analysis of fishing
effort by resource managers. Implementation of joint registration makes
a small change to the VMS declaration requirements at Sec.
660.13(d)(5)(ii). Current VMS declaration regulations only require a
new declaration report when a vessel would use a different gear type
than the gear most recently declared. However, since a jointly
registered vessel may use non-trawl gear to fish in both the Shorebased
IFQ Program and the limited entry fixed gear fishery, clarifying
regulations are added to require a new declaration if the vessel will
fish in a fishery other than the fishery most recently declared. This
edit is intended to explicitly require declarations be made when a
jointly registered vessel switches between the Shorebased IFQ Program
and the limited entry fixed gear fishery, regardless of the gear type
used when participating in that fishery. While the current list of
vessel declarations are generally gear- and fishery-specific, this new
requirement at Sec. 660.13(d)(6)(ii) makes it clear that a change in
declaration must be filed to legally switch between fisheries. Joint
registration would not preclude declaring more than one gear type, if
allowed under current regulations at Sec. 660.13(d)(6)(iv).
This proposed rule clarifies the definition for ``base permit'' at
Sec. 660.11 such that the use of a base permit only applies for
sablefish endorsed permits. This does not change how the base permit
concept has been applied to vessels registered to multiple limited
entry sablefish permits. When a trawl endorsed permit and one or more
sablefish endorsed permits are jointly registered, trawl endorsed
permits must meet the current vessel length endorsement requirements at
Sec. 660.25(b)(3)(iii)(B). The concept of a base permit only applies
to stacked sablefish endorsed permits.
Cumulative limits (e.g. daily, weekly, bi-monthly limits, etc.)
continue to apply to the vessel, regardless of the number of permits
registered to that vessel. Registering a vessel to more than one
limited entry permit under joint registration does not entitle the
vessel to more than one cumulative limit. Joint registration would not
allow a vessel to register multiple limited entry fixed gear permits
(not sablefish endorsed) along with the trawl endorsed permit.
Registering a vessel to a limited entry permit with a specific
endorsement often triggers certain requirements in the groundfish
regulations. Joint registration is not intended to change fishing
operations of groundfish fisheries or change requirements that are
applicable to vessels because of the type of the endorsement(s) on the
limited entry permit to which they are registered, unless otherwise
described above.
4. Restrictions on At-Sea Processing of Sablefish
Processing of groundfish at-sea is prohibited for vessels fishing
in the Shorebased IFQ Program or limited entry fixed gear fishery,
unless exempted from that prohibition. One such exemption applies to
certain vessels fishing in the limited entry fixed gear sablefish
primary fishery. Those exempted vessels may freeze sablefish at-sea
during the limited entry fixed gear sablefish primary fishery.
When trawl rationalization was implemented in 2011, the Council
recommended that at-sea processing of groundfish in the Shorebased IFQ
Program be prohibited, with limited exemptions. Regulations at Sec.
660.112 (b)(1)(xii) prohibited at-sea processing of groundfish, and
also listed the exemptions that had been granted to date, including the
exemption to the prohibition of at-sea processing in the sablefish
primary fishery. As written, those regulations grant vessels with an
exemption to the prohibition of at-sea processing in the sablefish
primary fishery an exemption from the at-sea processing prohibition
when fishing in the Shorebased IFQ Program. However, NMFS interpreted
regulations at Sec. 660.25(b)(6)(i) to only allow the sablefish at-sea
processing exemption when the vessel is registered to a sablefish-
endorsed limited entry permit.
Under current regulations, a vessel may not register a trawl-
endorsed permit and a sablefish endorsed permit at the same time, so
they cannot take advantage of the exemption at Sec.
660.112(b)(1)(xii)(B). Therefore, the exemption at Sec.
660.112(b)(1)(xii)(B) cannot currently be used by vessels participating
in the Shorebased IFQ Program; qualifying vessels that may freeze
sablefish at-sea in the sablefish primary fishery are not allowed to
freeze sablefish at-sea when fishing in the Shorebased IFQ Program.
However, under this rule's proposed joint registration language, a
vessel would be able to register to a trawl endorsed and a sablefish
endorsed limited entry permit simultaneously. If the exemption at Sec.
660.112(b)(1)(xii)(B) is not removed, joint registration could allow
vessels with an exemption from the at-sea processing prohibition for
the sablefish primary fishery to also process sablefish at sea in the
Shorebased IFQ Program.
At its April 2012 meeting, the Council recommended prohibiting the
freezing
[[Page 34954]]
of sablefish at-sea when caught in the Shorebased IFQ Program,
regardless of whether the vessel has an exemption for the limited entry
fixed gear fishery. The Council recommends this change to regulations
to prevent the single vessel that holds a sablefish at-sea processing
exemption to process sablefish at-sea in the Shorebased IFQ Program, a
fishery in which it had no prior history. NMFS is therefore proposing
to remove the exemption to the prohibition of at-sea processing (at
Sec. 660.112(b)(1)(xii)(B)) that extended the limited entry fixed gear
exemption in Sec. 660.25(b)(6)(i) to vessels fishing sablefish in the
Shorebased IFQ Program. Also, in light of joint registration, a
clarifying sentence would be added to Sec. 660.25(b)(6)(i), stating
that the at-sea processing exemption only applies to at-sea processing
of sablefish caught in the limited entry fixed gear sablefish primary
fishery.
During development of these proposed regulations, NMFS noted that a
similar situation as the one described above may occur when a vessel
exempted from at-sea processing prohibitions of non-whiting groundfish
in the Shorebased IFQ Program could utilize that exemption when fishing
in non-IFQ fisheries. NMFS interprets the regulations to mean that the
vessel must be registered to a limited entry trawl permit to qualify
for this exemption. With joint registration, it may need to be
clarified that the exemption only applies to processing non-whiting
groundfish caught in the Shorebased IFQ Program. NMFS is seeking public
comment on whether a clarifying sentence could be added to Sec.
660.25(b)(6)(ii), stating that the at-sea processing exemption
described there only applies to at-sea processing of non-whiting
groundfish caught in the Shorebased IFQ Program.
5. Sablefish Allocations North of 36[deg] N. lat.
The allocation structure for sablefish north of 36[deg] N. lat. was
established in FMP Amendment 6. In April 2009, the Council recommended
final preferred intersector allocations for groundfish species under
Amendment 21. The Council and NMFS recommended that no change be made
to the Amendment 6 allocation structure for sablefish. However, FMP
Amendment 21 and its implementing regulations slightly changed the
process for allocating sablefish north of 36[deg] N. lat. (75 FR 60868,
October 1, 2010). In this action, NMFS is proposing regulations to
align sablefish north of 36[deg] N. lat. allocations with the Amendment
6 allocation structure, as recommended by the Council in 2009.
Under FMP Amendment 6, harvest in the incidental open access
fishery was deducted from the open access allocation after the limited
entry/open access allocation occurred. Amendment 21 changed that
process and deducts sablefish for the incidental open access fishery
before the limited entry/open access allocation is made, similar to how
the tribal fishery and scientific research deductions were made for
other species. While this is consistent with how other groundfish
species were treated under Amendment 21, it was inconsistent with
Amendment 6 and the Council's intent. As clarified by the Council with
Amendment 21-1, it was not the Council's intent to have Amendment 21
supersede the Amendment 6 allocation structure for sablefish north of
36[deg] N. lat. In 2014, the Council revised figure 6-1 of the FMP to
make it consistent with Amendment 6 and the Council's intent.
However, at that time, regulations at Sec. 660.55(h) were
mistakenly left unrevised. In this action, NMFS proposes revising the
text description of the sablefish north of 36[deg] N. lat. allocation
structure to reflect the Council's intent to maintain the Amendment 6
allocation structure and to bring the regulations at Sec. 660.55(h)
into consistency with the FMP. Proposed regulatory changes at Sec.
660.55(h)(2) would deduct the metric tonnage for scientific research
and recreational fisheries before the limited entry/open access split,
but would no longer deduct the metric tonnage for the incidental open
access fisheries during this step. Proposed regulations would deduct
the metric tonnage for incidental open access fisheries from the open
access allocation after the limited entry/open access split.
6. VMS Declarations for Vessels Registered to a VMS Unit
In 2004, the Council and NMFS implemented a vessel monitoring
program. Since 2004, all commercial fishing vessels that take and
retain groundfish in federal water, or transit through federal water
with groundfish on board are required to have a working VMS. The VMS,
along with a system of fishing declaration reporting requirements,
allows for monitoring and enforcement of areas closed to fishing. With
this program, NMFS type-approved hardware and software, or ``units,''
were installed on vessels in order to meet these new program
requirements for the groundfish fishery. A variety of units were
available for purchase, and vessel owners/operators could seek
reimbursement for the cost of the units. When a VMS unit is installed
on a vessel, it is registered with NMFS OLE and catalogued. There are a
number of VMS units that have registered with OLE but have never made a
fishing declaration, as required by regulations at Sec. 660.13(d).
At its June 2013 meeting, based on advice from their EC, the
Council recommended that a declaration report be required for all
vessels registered to a VMS unit, and that a declaration of ``other''
may be appropriate if the activity they will be doing is not fishing
(e.g. serving as a chartered vessel conducting scientific research).
Therefore, in this action, NMFS is proposing regulation changes at
Sec. 660.13(d) that would require all vessels registered to a VMS unit
to submit a declaration report. Obtaining a declaration report from
these vessels will give OLE the information necessary to monitor the
activities of these vessels relative to the applicable regulations.
Proposed regulations require any vessel operator upon registration
of a VMS unit with NMFS OLE to make a declaration report regardless of
fishing activity. This requirement would also apply to vessels that
have already registered a VMS unit with NMFS OLE, but have not made a
declaration report. OLE may contact a vessel operator and request that
a declaration report be made. In such a circumstance, the proposed
regulations would obligate the vessel operator to make a declaration
report.
Also, consistent with the Council's June 2013 recommendations, NMFS
proposes revising the declaration of ``other gear'' at Sec.
660.13(d)(5)(iv)(A)(24) to ``other'' to encompass a vessel's on the
water activities that may not be fishing (e.g. scientific research
activities). Vessels registered to a VMS unit would be required to make
a declaration, regardless of fishing activities. Under proposed
regulations, NMFS anticipates they may make a declaration of ``other''
if they are not fishing.
NMFS also proposes that OLE will default a vessel's declaration to
``other'' if they are unable to contact the vessel operator with whom
the VMS unit is associated. As required by current regulations, the
vessel operator must update the declaration when they meet the
requirements to do so.
7. Equipment Requirements for Electronic Fish Tickets
Under current regulations at Sec. 660.15(d), submission of
electronic fish tickets must be done on personal computers with
software that meets
[[Page 34955]]
specific NMFS requirements. The data is entered into the computer
system. Then the information is transmitted in batches to PSMFC. The
only step in the process that requires an internet connection is when
data sets are transmitted to PSMFC.
A new interface has been developed that uses the internet for both
entry and submission of electronic fish ticket data. The new, web-based
interface no longer requires the person submitting the electronic fish
ticket to do so from a computer equipped with specific, NMFS-approved
software. Instead, the only requirement for the web-based interface
would be a hardware device (computer, tablet, smartphone, etc.) with a
web browser or other software (e.g. application) and an internet
connection.
Consistent with the Council's June 2014 recommendations to expand
the required use of electronic fish tickets to the limited entry fixed
gear and open access fisheries, NMFS is proposing updates to equipment
requirements pertaining to electronic fish tickets.
Current electronic fish ticket users (e.g. IFQ first receivers) are
already using this web-based interface, and those first receivers
affected by the new requirements would be using the web-based
interface. The changes proposed to regulations at Sec. 660.15(d) would
reflect the move to a web-based electronic fish ticket for all first
receivers, those that are receiving IFQ landings and those that would
be receiving sablefish landings in limited entry fixed gear and open
access fisheries under proposed electronic fish ticket regulations.
Note that an internet connection would now be necessary for all steps
in submission of an electronic fish ticket, from creating the new
ticket through submission. To reflect these changes, the definition of
``electronic fish ticket'' at Sec. 660.11 would also be revised to
reflect the web-based form that would be used to send electronic fish
ticket information to the PSMFC.
8. Prohibitions Regarding ``Take and Retain''
When the Council and NMFS implemented Amendment 14 to the
groundfish FMP, which established the sablefish primary fishery,
regulations needed to clarify that vessels were still only allowed a
single cumulative limit of sablefish when fishing outside of the
primary sablefish season (66 FR 30869, June 8, 2001). Regulations were
promulgated that prohibited taking more than a single cumulative trip
limit. NMFS is proposing replacing ``taking, retaining'' with ``taking
and retaining,'' consistent with the Council's recommendations under
Amendment 14.
There is a difference between ``taking'' fish and ``taking and
retaining'' fish during fishing activities. ``Take'' is defined in MSA
regulations at Sec. 600.10 as any activity that results in killing
fish or bringing live fish on board. ``Retain'' is also defined at
Sec. 600.10 and means to fail to return fish to the sea after a
reasonable opportunity to sort the catch. In commercial groundfish
fisheries, ``trip limits'' (defined at Sec. 660.11) are used to
specify the maximum amount of a fish species or species group that may
legally be taken and retained, possessed, or landed (per vessel, per
time period, etc.).
Amendment 14 promulgated regulations that prohibited vessels from
taking more than a single trip limit in the limited entry fixed gear
DTL fishery (at Sec. 660.323, which was later redesignated as Sec.
660.212). The preamble to Amendment 14 explained that adding this
prohibition was intended to make it clear that, even though the DTL
fishery and the primary fishery could both occur during the same time
period (e.g. April 1 through October 31), vessels in the DTL fishery
would be restricted by applicable trip limits.
Current regulations at Sec. Sec. 660.12 and 660.212 prohibit any
vessel from taking more than a single cumulative trip limit, unless
they are fishing in the sablefish primary fishery. The exception is
consistent with regulations at Sec. 660.231 that describe how, when a
vessel is fishing on stacked sablefish endorsed permits, it can take
more than one cumulative limit of sablefish because they are fishing on
more than one tier limit. However, the prohibition, as written, needs
to be revised. Vessels in commercial groundfish fisheries, except the
sablefish primary fishery, should not be prohibited from ``taking''
more than a single cumulative trip limit. For those fisheries, a
prohibition on ``taking and retaining'' more than a single cumulative
trip limit is more appropriate, and ``take, retain'' is replaced with
``take and retain.''
This change is appropriate for three reasons. First, in a mixed
stock fishery, it is impracticable to eliminate ``take'' of a single
species or species group while still allowing access to species or
species groups that can sustain higher harvest levels. Second, a
prohibition of ``take and retain'' is more enforceable. When boarding a
vessel, enforcement agents will not always be able to measure the total
amount of fish taken, as some could have been discarded. However, it is
possible to quantify the number of fish on board the vessel in order to
evaluate if more fish than the applicable trip limit have been ``taken
and retained.'' Third, it was not the intent of FMP Amendment 14, or
any subsequent promulgation of ``take, retain,'' prohibitions, to
prohibit ``taking'' more than a single trip limit of a groundfish
species or species group.
It is for these reasons that groundfish trip limits apply when a
species or species group is ``taken and retained.'' To better align
prohibitions for enforcing trip limits with the definition of ``trip
limit,'' to improve enforceability of trip limit prohibitions, and to
bring consistency to regulations that apply to commercial groundfish
fisheries, prohibitions at Sec. Sec. 660.12(a)(6), 660.212(a)(2), and
660.212(d)(1) and (2) are proposed to be revised from ``take, retain''
to ``take and retain.''
9. Related Minor Clarifications and Non-Substantive Changes
There are several legacy regulations that describe methodologies
used for decisions and exemptions regarding limited entry permit
endorsements (at Sec. 660.25(b)(3)) and at-sea processing exemptions
(at Sec. 660.25(b)(6)) that have expired. Therefore, NMFS is proposing
to remove them. Paragraph Sec. 660.25(b)(3)(iv)(B) describes a one-
time process for the issuance of sablefish endorsements and tier
assignments. That process concluded in 1998. Proposed revisions to
paragraphs Sec. 660.25(b)(6)(i) and (ii) introductory text would make
it clear that the at-sea processing exemptions described there were
extended to industry on a one-time basis and can no longer be sought.
The sablefish at-sea processing exemption could not be issued after
2006 and the non-whiting groundfish at-sea processing exemptions could
not be issued after 2012. In addition to these revisions described
above, additional expired regulations at Sec. 660.25(b)(6)(ii)(A)
through (C) would be removed because they no longer describe current
regulatory activities and are not relevant to ongoing administrative or
fishing practices.
Regulations at Sec. 660.55(f) describe catch accounting
methodologies for groundfish species. Paragraph Sec. 660.55(f)(1)
describes how catch accounting is done for species with trawl/nontrawl
allocations. One of the cross-references in Sec. 660.55(f) refers to
catch accounting in limited entry and open access fisheries, or
nontrawl fisheries. The cross-reference refers to Sec. 660.55(f)(2),
however that paragraph describes catch accounting procedures for
Pacific whiting. The cross-reference should refer to Sec.
660.55(f)(1)(ii), where catch accounting for nontrawl fisheries
[[Page 34956]]
is described. Therefore, this rule proposes to revise the cross
reference at Sec. 660.55(f) from ``Sec. 660.55(f)(2)'' to ``Sec.
660.55(f)(1)(ii).''
In this action, edits are made to regulations at Sec.
660.60(h)(7)(i) and (ii)(A) to clarify that trip limit crossover
provisions do not apply to IFQ species for vessels declared into the
Shorebased IFQ Program. Those species are managed with IFQ, and
therefore trip limit crossover provisions in these paragraphs do not
apply.
To improve consistency, this action would also make clarifying
edits to regulations at Sec. 660.60(h)(7)(ii)(B)(1) and (2) to replace
the word ``participate'' with the defined term ``fish'' and to remove
redundant text by changing ``. . . in the open access fishery,
described at part 660, subpart F, with open access gear . . .'' to ``.
. . with open access gear . . .'' Open access gear, as defined at Sec.
660.11, can only be used in the open access fishery. It is redundant to
refer to both the open access fishery and open access gear.
The trawl fishery prohibitions at Sec. 660.112(a)(3)(i) make it
illegal to intentionally submit false information. By definition, a
false statement is an untrue statement knowingly made with the intent
to mislead, therefore the term ``intentionally'' in the existing
prohibition is unnecessary. This proposed rule revises the prohibition
by deleting the word ``intentionally.'' This language is intended to
work coincident with regulations that require submission of final and
accurate information on electronic fish tickets, and with electronic
fish ticket regulations that require errors to data, when found, to be
corrected via a revision to the electronic fish ticket.
Regulations for revising electronic fish ticket submissions, at
Sec. 660.113(b)(4)(iii), would be modified to clarify that the only
way to fix an error in an electronic fish ticket submission is to
resubmit a revised electronic fish ticket. In other words, if an error
is found in an electronic fish ticket submission, it cannot be remedied
by submitting any other record besides an electronic fish ticket.
Proposed regulations at Sec. 660.113(b)(4)(iii) change ``may be
revised'' via electronic fish ticket to ``must be revised'' via
electronic fish ticket.
A clarifying edit is made in paragraph Sec. 660.113 (a)(2) to use
the defined term ``date of landing'' consistently throughout the
recordkeeping and reporting regulations.
Current regulations at Sec. 660.231 apply to vessels participating
in the limited entry fixed gear sablefish primary fishery. However,
many of the regulations that apply to limited entry fixed gear fishing
also apply to vessels fishing in the limited entry fixed gear sablefish
primary fishery. In this action, clarifying edits would be made to
paragraph Sec. 660.231(a) to make this clear. Section 660.231 provides
additional details regarding management and prosecution of the limited
entry fixed gear sablefish primary fishery, and is intended to be taken
in the larger context of regulations that apply to limited entry fixed
gear fisheries (limited entry fixed gear fisheries during and outside
of the sablefish primary season).
Throughout these proposed revisions to regulations, cross-
references would be updated to maintain accuracy given the proposed,
substantive changes described in the sections above. Additionally,
references to the NMFS ``Northwest'' Region would be changed to NMFS
``West Coast'' Region to reflect an organizational change that occurred
in October 2013. References to ``halibut'' would be revised to refer to
``Pacific halibut'' to distinguish it from California halibut. Minor,
non-substantive edits would also be made to remove duplicative text or
change typographic or grammatical errors.
All of the proposed changes to regulations described in this
section are not intended to change the meaning of existing regulations,
but rather are intended to reduce duplication, simplify, correct cross-
references and make other minor, related changes to bring consistency
within groundfish regulations.
Classification
NMFS has made a preliminary determination that the proposed action
is consistent with groundfish FMP, the MSA, and other applicable law.
There are no relevant federal rules that may duplicate, overlap, or
conflict with this action. In making its final determination, NMFS will
take into account the complete record, including the data, views, and
comments received during the comment period. An environmental
assessment (EA) was prepared for this action. The EA includes socio-
economic information that was used to prepare the Regulatory Impact
Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA). The EA
is available for public comment (See ADDRESSES) and is available on
line at www.westcoast.fisheries.noaa.gov/publications/nepa/groundfish/groundfish_nepa_documents.html.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 603 et seq.,
requires government agencies to assess the effects that regulatory
alternatives would have on small entities, including small businesses,
and to determine ways to minimize those effects. When an agency
proposes regulations, the RFA requires the agency to prepare and make
available for public comment an IRFA, unless the agency can certify
that the proposed action would not have a significant economic impact
on a substantial number of small entities. The IRFA describes the
impact on small businesses, non-profit enterprises, local governments,
and other small entities, and is intended to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities. After the public
comment period, the agency prepares a Final Regulatory Flexibility
Analysis (FRFA) that takes into consideration any new information or
public comments. A summary of the IRFA for this action is provided
below. The reasons why action by the agency is being considered, the
objectives and legal basis for this rule are described in previous
sections of the preamble, and the reporting and recordkeeping
requirements are described in the next section.
Following are descriptions of small entities, as defined by the RFA
and the Small Business Administration (SBA).
Small businesses. SBA has established guidelines on size criteria
for all major industry sectors in the United States, including fish
harvesting and fish processing businesses. A business involved in fish
harvesting is a small business if it is independently owned and
operated and not dominant in its field of operation (including its
affiliates) and if it has combined annual receipts, not in excess of
$20.5 million for all its affiliated operations worldwide (See 79 FR
33647, effective July 14, 2014). For marinas and charter/party boats, a
small business now defined as one with annual receipts, not in excess
of $7.5 million. For related fish processing businesses, a small
business is one that employs 750 or fewer persons.
Small organizations. The RFA defines small organizations as any
nonprofit enterprise that is independently owned and operated and is
not dominant in its field.
An estimated 99 entities are potentially impacted by this rule,
including 77 receivers and up to 22 vessels/permit-holding entities.
All of these entities are considered small
[[Page 34957]]
according to the SBA guidelines stated above. This rule is not
anticipated to have a substantial or significant economic impact on
small entities, or to place small entities at a disadvantage to large
entities. Nonetheless, NMFS has prepared an IRFA (available as part of
the EA described above), which is summarized below. Through the
rulemaking process associated with this action, we are requesting
comments on this conclusion.
Description of Small Entities Affected by Proposed Rule Provisions
on Electronic Fish Tickets. An estimated 77 first receivers across the
primary and DTL fisheries will be impacted by the electronic fish
ticket requirement. These 77 first receivers account for approximately
34 percent of sablefish landings in these fisheries. An additional 23
sablefish first receivers are also IFQ first receivers and already use
electronic fish tickets to record shorebased IFQ landings. The 77 first
receivers across the primary and DTL fisheries who do not already use
electronic fish tickets would be most affected by the action
alternatives. Without having employment information for these
businesses, NMFS is considering all 77 first receivers to be small
entities under the SBA guidelines described above.
Description of Small Entities Affected by Proposed Rule Provisions
on Ownership Limitation (i.e. Own/Hold Control Limit). This provision
is likely to benefit a few individuals who own multiple vessels that
operate in both the West Coast sablefish primary fishery and the Alaska
sablefish IFQ fishery, and were grandfathered into the Alaska IFQ
program. As relatively few businesses meet the SBA criteria for small
enterprises, this provision of the proposed rule is not expected to
impact a substantial number of small entities. At most, the 13 vessels
that hold permits to fish in both the Alaska IFQ program and the West
Coast sablefish primary fishery would qualify for the exemption.
Description of Small Entities Affected by Proposed Rule Provisions
on Joint Registration. Since 2011, a total of 20 vessels have been
registered to both trawl and fixed gear permits in a single year. Of
these, 16 vessels would qualify as a small business under the SBA
criteria described above. The permits associated with large entities
were participating in a temporary research program. These 16 vessels
are likely to benefit from the flexibility offered by joint
registration. In 2015, the last year with complete data, nine vessels
registered to both trawl and fixed gear permits within the year, and
all of these reported being small businesses. These nine vessels are
the most likely to realize immediate benefits from the updated rule.
Alternatives for Electronic Fish Tickets. NMFS considered four
alternatives, including No Action, for electronic fish tickets. The No
Action alternative (Alternative 1) would maintain current reporting
state fish ticket reporting systems. Each of Alternatives 2 through 4
would implement a federal requirement that first receivers of non-trawl
commercial sablefish landings to U.S. West Coast ports record landings
on an electronic fish ticket. The action alternatives differ from each
other only in the fleets that they address. Alternative 2 would affect
participants in the limited entry fixed gear sablefish primary fishery
only. Alternative 3 would expand upon Alternative 2 to add participants
in the limited entry fixed gear DTL fishery. Lastly, Alternative 4
would expand upon Alternative 3 to add participants in the open access
DTL sablefish fishery. All alternative actions except for Alternative 1
(No Action) will result in some expenses as a result of new reporting
requirements. NMFS assumed that all of the affected small businesses
already have access to a technically suitable computer to submit the
electronic fish tickets. However, if a business did not currently own a
computer, it would incur additional costs for the initial investment in
a computer and for a small monthly fee for an Internet connection. This
requirement will likely result in increased administrative expenses
with a longer submission time in those instances where first receivers
must submit both State and Federal fish tickets. First receivers in the
trawl program reported an hourly wage of $33.68 for non-production
employees in 2012 (Economic Data Collection Program First Receiver and
Shorebased Processor Report, 2009-2012). Assuming non-IFQ receivers pay
a similar wage to non-production employees, and using the burden-hour
estimate included in the Paperwork Reduction Act section below,
Alternative 2 is estimated to result in an additional annual expense of
about $2,500 for all processors combined, Alternative 3 would cost
$10,000 in total, and Alternative 4 (preferred alternative) would cost
the sector $20,000 or about an additional $4 per fish ticket.
Alternatives for Ownership Limitation (i.e. Own/Hold Control
Limit). NMFS considered three alternatives, including No Action
(Alternative 1), with regards to ownership limitation changes.
Alternatives 2a and 2b would result in a permit only being counted
against the ownership limitation if a certain percentage of the vessel
registered to that permit was owned. The two sub-alternatives vary by
percentage of ownership: 20 percent and 30 percent for Alternatives 2a
and 2b, respectively. Alternative 3 would result in permits counting as
they do under No Action unless an exemption was applied for and granted
by NMFS. There may be an opportunity for larger operations that were
constrained by the three-permit limit to consolidate more harvest
privileges by either acquiring Pacific coast limited entry fixed gear
permits or by hiring out to west coast and Alaska participants to
harvest Alaska IFQ. The degree of the current constraint, and
consequently the opportunity provided by the alternative actions, is
modest for the fleet as a whole, but this benefit may be important to
some individuals.
Alternatives for Joint Registration. NMFS considered three
alternatives, including No Action (Alternative 1), relative to joint
registration. Alternative 2 would allow a single trawl permit and up to
three limited entry fixed gear permits to be registered to a vessel
simultaneously. Alternative 3 would allow the same permit registration
options as Alternative 2, but would have additional requirements
relative to declarations and at-sea processing. In 2014, the last year
for which economic data are available, the average net revenue per day
was $4,815 for the eight vessels fishing with fixed gear in the trawl
fishery that were also registered to a fixed-gear endorsed permit that
year. The average net revenue per day in the fixed gear-endorsed
fishery was $4,686 (per data provided by the Economic Data Collection
Program on March 23, 2016). Vessels had lower variable costs per day
while participating in the fixed gear fishery compared with the trawl
fishery.
Vessels that either own or lease both fixed gear and trawl permits
may realize increased operational efficiency with joint registration,
particularly with respect to the 100% observer coverage required when
fishing under the trawl permit. Participants have indicated that they
would take advantage of the alternative fishing opportunities afforded
by this provision when scheduling trips on occasions that observers are
unavailable for fishing under their trawl permit. If an observer wasn't
available or had to cancel, the vessel could choose the alternative of
declaring into the fixed gear endorsed fishery, and would not need to
forgo the trip. Joint registration would additionally provide a minor
[[Page 34958]]
administrative convenience to the vessels that own or have multi-year
leased permits. These operators, who currently must complete and submit
multiple transfer forms throughout the year (typically three), would no
longer be required to submit any paperwork related to permit transfers.
Rejected Sub-Options for Alternatives 2 through 4 for Electronic
Fish Tickets. While discussing the options for electronic fish tickets,
the Council considered a sub-option for each of the action alternatives
(Alternatives 2 through 4). Under the sub-option, sablefish deliveries
would be recorded on state paper fish tickets, rather than on federal
electronic fish tickets. NMFS would implement a federal requirement
that sablefish landings, and the federal groundfish permit number
associated with the landings, be recorded on state paper fish tickets.
Although this sub-option would cause the least disruption to the
existing landings process, adding new requirements to the state paper
fish ticket system would fail to address the purpose and need for this
action. This slight alteration in the process would not improve the
timeliness of catch accounting or enforcement capabilities in the
fishery.
Adding new requirements to the state paper fish ticket system would
also cause several logistical challenges in managing the sablefish
fishery: (1) Sablefish landings data would not be uploaded into the
Pacific Fisheries Information Network (PacFIN) database at a faster
than current rate, (2) there would continue to be a lag time of several
months between when the landings occur and when the data are available,
and (3) further augmenting paper fish ticket recording requirements
would be disruptive to state data collection and management practices.
Therefore, this sub-option has been considered, but rejected from
further analysis.
In addition, the action alternatives originally included language
regarding how the catch data recorded on the electronic tickets would
be used, specifically stating, ``That tier permits be loaded into the
IFQ Vessel Account System with deductions made as appropriate when a
tier delivery is made and recorded on the E Fish Ticket.'' The Council
determined that this language was overly restrictive, and that it was
premature to discuss implementations issues such as the details of how
the data would be processed and made available to end users. Therefore,
the use of this language in the action alternatives has been
considered, but rejected from further analysis.
Rejected Sub-Options for Alternatives 2 through 4 for Ownership
Limitation (i.e. Own/Hold Control Limit). The Council also discussed
other action alternatives to address issues regarding the own/hold
control rule. The first action alternative that was considered but
rejected would have maintained a three permit limit for the own/hold
control rule. However, control would be calculated on percentage
ownership of permits and vessels. Total ownership (including for first
and second generation owners) would be limited to a total of 300
percent. The intent of this action alternative would have been to limit
the total ownership to three permits, which is the same as the No
Action alternative.
The Council also considered increasing the own/hold control limit
to six permits. Any percentage ownership would have counted as one
permit. The Council also looked at leaving the own/hold control limit
at three, but capping the number of tier permits an entity may register
to a vessel at three permits, and capping the number of limited entry
fixed gear tier vessels an entity can own at three. These changes would
have effectively increased the maximum own/hold control limit to 12
permits, because an entity could own three permits and have partial or
total ownership of three vessels, each of which are registered to three
different permits owned by others. Finally, the Council considered an
action alternative that would leave the own/hold control limit at three
permits, but with the calculation based only on ownership of permits.
Holding or leasing a permit or ownership in the vessel would not have
counted toward the three permit limit. A person could have owned three
permits and held any number of additional permits by registering the
vessel(s) they own to permits owned or leased by other persons.
The Council considered but rejected these action alternatives for
the own/hold control rule from further analysis, because the Council
found that these alternatives were administratively burdensome to
implement and track. The Council found that some of these alternatives
weakened the own/hold control limit beyond what was needed to address
the purpose and need. If implemented, these alternatives could
undermine the purpose of having own/hold control limits in place,
namely to maintain the owner operator nature of the fleet.
Rejected Sub-Options for Alternatives 2 through 4 for Joint
Registration. Another alternative that was considered to address the
issues with joint registration was to increase the number of transfers
allowed per year. Currently, vessels are only allowed to transfer
permits once per year. This alternative would increase a vessel's
flexibility to move between the LE trawl and fixed gear fishery, and it
would also allow more flexibility for vessels to move between the LE
and OA fisheries, reducing the wall between these sectors. However,
such a provision would increase administrative costs and provide less
flexibility for the fleet than offered by the other action
alternatives, because the cap on the number of transfers allowed per
year would remain in place. Therefore, this alternative was considered
but rejected from further analysis.
Impacts to Small Businesses from Actions 4-9. Except for electronic
fish tickets, own/hold control limit and joint registration, the
actions described above in sections 4-9 of this proposed rule are
largely administrative and, if adopted, would not impact any of the
small entities identified as potentially being affected by the first
three major actions in this proposed rule. Changes associated with
actions 4-9 would make small modifications and clarifications to
existing requirements, maintain existing requirements in light of
changes related to joint registration, and simplify equipment
requirements. Thus, these measures would not have a significant
economic impact on a substantial number of the small entities described
in this document.
Paperwork Reduction Act
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for under the
following control numbers:
OMB Control Number 0648-XXX. Electronic Fish Tickets
Public reporting burden is estimated to average 10 minutes per
response (landing) for first receivers in Washington and California,
and two minutes per response (landing) for first receivers in Oregon.
The total annual burden estimate for all first receivers in Washington
is 87 hours, in California is 543 hours, and in Oregon is 36 hours.
Public reporting burden includes the time for reviewing instructions,
accessing the web-based platform, gathering the data needed, and
completing and reviewing the collection of information.
[[Page 34959]]
OMB Control Number 0648-XXX. Ownership Limitation Exemption
Public reporting burden for this collection of information is
estimated to average 45 minutes per response, including the time for
reviewing the instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to West Coast Region at the ADDRESSES
above, and by email to [email protected] or fax to (202) 395-
7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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 660
Fisheries, Fishing, and Indian fisheries.
Dated: May 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.11:
0
a. Revise the definitions for ``Base permit'' and ``Electronic fish
ticket'';
0
b. Add in alphabetical order the definition for ``Joint registration'';
0
c. Remove the definition for ``Stacking''; and
0
b. Add in alphabetical order the definition for ``Stacking or stacked''
The revisions and additions read as follows:
Sec. 660.11 General definitions.
* * * * *
Base permit means a sablefish-endorsed limited entry permit
described at Sec. 660.25(b)(3)(i), subpart C, registered for use with
a vessel that meets the permit length endorsement requirements
appropriate to that vessel, as described at Sec. 660.25(b)(3)(iii),
subpart C.
* * * * *
Electronic fish ticket means a web-based form that is used to send
landing data to the Pacific States Marine Fisheries Commission.
Electronic fish tickets are used to collect information similar to the
information required in state fish receiving tickets or landing
receipts, but do not replace or change any state requirements.
* * * * *
Joint registration or jointly registered means simultaneously
registering both trawl-endorsed and longline or trap/pot-endorsed
limited entry permits for use with a single vessel in one of the
configurations described at Sec. 660.25(b)(4)(iv).
* * * * *
Stacking or stacked means registering more than one sablefish-
endorsed limited entry permit for use with a single vessel (See Sec.
660.25(b)(4)(iii), subpart C).
* * * * *
0
3. In Sec. 660.12, revise paragraph (a)(6) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(6) Take and retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the primary limited entry,
fixed gear sablefish season from a vessel authorized to fish in that
season, as described at Sec. 660.231, subpart E.
* * * * *
0
4. In Sec. 660.13, revise paragraph (d) introductory text, and
paragraphs (d)(5)(ii) and (iii), and (d)(5)(iv)(A)(24) to read as
follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) Declaration reporting requirements--When the operator of a
vessel registers a VMS unit with NMFS OLE, the vessel operator must
provide NMFS with a declaration report as specified at paragraph
(d)(5)(iv) of this section. The operator of any vessel that has already
registered a VMS unit with NMFS OLE but has not yet made a declaration,
as specified at paragraph (d)(5)(iv) of this section, must provide NMFS
with a declaration report upon request from NMFS OLE.
(5) * * *
(ii) A declaration report will be valid until another declaration
report revising the existing gear or fishery declaration is received by
NMFS OLE. The vessel operator must send a new declaration report before
leaving port on a trip that meets one of the following criteria:
(A) A gear type that is different from the gear type most recently
declared for the vessel will be used, or
(B) A vessel will fish in a fishery other than the fishery most
recently declared.
(iii) During the period of time that a vessel has a valid
declaration report on file with NMFS OLE, it cannot fish with a gear
other than a gear type declared by the vessel or fish in a fishery
other than the fishery most recently declared.
(iv) * * *
(A) * * *
(24) Other, or
* * * * *
0
5. In Sec. 660.15, revise paragraphs (a) and (d) to read as follows:
Sec. 660.15 Equipment requirements.
(a) Applicability. This section contains the equipment and
operational requirements for scales used to weigh catch at sea, scales
used to weigh catch at IFQ first receivers, hardware and software for
electronic fish tickets, and computer hardware for electronic logbook
software. Unless otherwise specified by regulation, the operator or
manager must retain, for 3 years, a copy of all records described in
this section and make the records available upon request to NMFS staff
or an authorized officer.
* * * * *
(d) Electronic fish tickets. First receivers are required to meet
the hardware and software requirements below.
(1) Hardware and software requirements. A personal computer system,
tablet, mobile device, or other device that has software (e.g. web
browser) capable of submitting information over the Internet, such that
submission to Pacific States Marine Fisheries Commission can be
executed effectively.
(2) Internet access. The first receiver is responsible for
maintaining Internet access sufficient to access the web-based
interface and submit completed electronic fish ticket forms.
(3) Maintenance. The first receiver is responsible for ensuring
that all hardware and software required under this subsection are fully
operational and functional whenever they receive,
[[Page 34960]]
purchase, or take custody, control, or possession of groundfish species
for which an electronic fish ticket is required. ``Functional'' means
that the software requirements and minimum hardware requirements
described at paragraphs (d)(1) and (2) of this section are met and
submission to Pacific States Marine Fisheries Commission can be
executed effectively by the equipment.
(4) Improving data quality. Vessel owners and operators, first
receivers, or shoreside processor owners, or managers may contact NMFS
to request assistance in improving data quality and resolving issues.
Requests may be submitted to: Attn: Electronic Fish Ticket Monitoring,
National Marine Fisheries Service, West Coast Region, Sustainable
Fisheries Division, 7600 Sand Point Way, NE., Seattle, WA 98115.
0
6. In Sec. 660.25:
0
a. Revise paragraph (b)(1)(v);
0
b. Remove paragraph (b)(3)(iv)(B);
0
c. Redesignate paragraph (b)(3)(iv)(C) as (b)(3)(iv)(B);
0
d. Revise newly redesignated paragraphs (b)(3)(iv)(B)(3) and (4);
0
e. Add a new paragraph (b)(3)(iv)(C);
0
f. Revise paragraphs (b)(3)(v), (b)(4) introductory text, (b)(4)(i)(D),
and (b)(4)(iii);
0
g. Redesignate paragraphs (b)(4)(iv) through (b)(4)(ix) as (b)(4)(v)
through (b)(4)(x);
0
h. Add a new paragraph (b)(4)(iv);
0
i. Revise newly redesignated paragraphs (b)(4)(v)(A) and (B),
(b)(4)(vi)(A) and (B), and (b)(4)(vii)(A); and
0
j. Revise paragraph (b)(6).
The revisions and additions read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(1) * * *
(v) Initial administrative determination (IAD). SFD will make a
determination regarding permit endorsements, renewal, replacement,
change in permit ownership and change in vessel registration. SFD will
notify the permit owner in writing with an explanation of any
determination to deny a permit endorsement, renewal, replacement,
change in permit ownership or change in vessel registration. The SFD
will decline to act on an application for permit endorsement, renewal,
replacement, or change in registration of a limited entry permit if the
permit is subject to sanction provisions of the Magnuson-Stevens Act at
16 U.S.C. 1858(a) and implementing regulations at 15 CFR part 904,
subpart D, apply.
* * * * *
(3) * * *
(iv) * * *
(B) * * *
(3) A partnership or corporation will lose the exemptions provided
in paragraphs (b)(3)(iv)(B)(1) and (2) of this section on the effective
date of any change in the corporation or partnership from that which
existed on November 1, 2000. A ``change'' in the partnership or
corporation is defined at Sec. 660.11. A change in the partnership or
corporation must be reported to SFD within 15 calendar days of the
addition of a new shareholder or partner.
(4) Any partnership or corporation with any ownership interest in a
limited entry permit with a sablefish endorsement or in the vessel
registered to the permit shall document the extent of that ownership
interest with NMFS via the Identification of Ownership Interest Form
sent to the permit owner through the annual permit renewal process and
whenever a change in permit owner, vessel owner, and/or vessel
registration occurs as described at paragraph (b)(4)(v) and (vi) of
this section. NMFS will not renew a sablefish-endorsed limited entry
permit through the annual renewal process described at paragraph
(b)(4)(i) of this section, or approve a change in permit owner, vessel
owner, and/or vessel registration unless the Identification of
Ownership Interest Form has been completed. Further, if NMFS discovers
through review of the Identification of Ownership Interest Form that an
individual person, partnership, or corporation owns or holds more than
3 permits and is not authorized to do so under paragraph
(b)(3)(iv)(B)(2) of this section, the individual person, partnership or
corporation will be notified and the permits owned or held by that
individual person, partnership, or corporation will be void and
reissued with the vessel status as ``unidentified'' until the permit
owner owns and/or holds a quantity of permits appropriate to the
restrictions and requirements described in paragraph (b)(3)(iv)(B)(2)
of this section. If NMFS discovers through review of the Identification
of Ownership Interest Form that a partnership or corporation has had a
change in membership since November 1, 2000, as described in paragraph
(b)(3)(iv)(B)(3) of this section, the partnership or corporation will
be notified, NMFS will void any existing permits, and reissue any
permits owned and/or held by that partnership or corporation in
``unidentified'' status with respect to vessel registration until the
partnership or corporation is able to register ownership of those
permits to persons authorized under this section to own sablefish-
endorsed limited entry permits.
* * * * *
(C) Ownership limitation exemption. As described in (b)(3)(iv)(B)
of this section, no individual person, partnership, or corporation in
combination may own and/or hold more than three sablefish-endorsed
permits. A vessel owner that meets the qualifying criteria described in
paragraph (b)(3)(iv)(C)(1) of this section may request an exemption
from the ownership limitation.
(1) Qualifying criteria. The three qualifying criteria for an
ownership limitation exemption are: the vessel owner currently has no
more than 20 percent ownership interest in a vessel registered to the
sablefish endorsed permit, the vessel owner currently has ownership
interest in Alaska sablefish individual fishing quota, and the vessel
has fished in the past 12-month period in both the West Coast
groundfish limited entry fixed gear fishery and the Sablefish IFQ
Program in Alaska. The best evidence of a vessel owner having met these
qualifying criteria will be state fish tickets or landings receipts
from the West Coast states and Alaska. The qualifying vessel owner may
seek an ownership limitation exemption for sablefish endorsed permits
registered to no more than two vessels.
(2) Application and issuance process for an ownership limitation
exemption. The SFD will make the qualifying criteria and application
instructions available online at www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html. A vessel owner who believes that they
may qualify for the ownership limitation exemption must submit evidence
with their application showing how their vessel has met the qualifying
criteria described at paragraph (b)(3)(iv)(C)(1) of this section. The
vessel owner must also submit a Sablefish Permit Ownership Limitation
Exemption Identification of Ownership Interest form that includes
disclosure of percentage of ownership in the vessel and disclosure of
individual shareholders in any entity. Paragraph (i) of this section
sets out the relevant evidentiary standards and burden of proof.
Applications may be submitted at any time to NMFS at: NMFS West Coast
Region, Sustainable Fisheries Division, ATTN: Fisheries Permit Office--
Sablefish Ownership Limitation Exemption, 7600 Sand Point Way NE.,
Seattle, WA 98115. After receipt of a complete application, the SFD
will issue an IAD in writing to the applicant determining whether the
applicant
[[Page 34961]]
qualifies for the exemption. If an applicant chooses to file an appeal
of the IAD, the applicant must follow the appeals process outlined at
paragraph (g) of this section and, for the timing of the appeals, at
paragraph (g)(4)(ii) of this section.
(3) Exemption status. If at any time a change occurs relative to
the qualifying criteria described at paragraph (b)(3)(iv)(C)(1), the
vessel owner to whom the ownership limitation exemption applies must
notify NMFS within 30 calendar days. If such changes mean the vessel
owner no longer meets the qualifying criteria, the ownership limitation
exemption becomes automatically null and void 30 calendar days after
the date the vessel owner no longer meets the qualifying criteria. At
any time, NMFS may request that the vessel owner submit a new exemption
application. If NMFS at any time finds the vessel owner no longer meets
the qualifying criteria described at paragraph (b)(3)(iv)(C)(1) of this
section NMFS will issue an IAD, which may be appealed, as described at
paragraph (g) of this section.
(v) MS/CV endorsement. An MS/CV endorsement on a trawl limited
entry permit conveys a conditional privilege that allows a vessel
registered to it to fish in either the coop or non-coop fishery in the
MS Coop Program described at Sec. 660.150, subpart D. The provisions
for the MS/CV-endorsed limited entry permit, including eligibility,
renewal, change of permit ownership, vessel registration, combinations,
accumulation limits, fees, and appeals are described at Sec. 660.150.
Each MS/CV endorsement has an associated catch history assignment (CHA)
that is permanently linked as originally issued by NMFS and which
cannot be divided or registered separately to another limited entry
trawl permit. Regulations detailing this process and MS/CV-endorsed
permit combinations are outlined in Sec. 660.150(g)(2), subpart D.
* * * * *
(4) Limited entry permit actions--renewal, combination, stacking,
joint registration, change of permit owner or vessel owner, and change
in vessel registration--
(i) * * *
(D) Limited entry permits with sablefish endorsements, as described
at paragraph (b)(3)(iv) of this section, will not be renewed until SFD
has received complete documentation of permit ownership as required
under paragraph (b)(3)(iv)(B)(4) of this section.
* * * * *
(iii) Stacking limited entry permits. ``Stacking'' limited entry
permits, as defined at Sec. 660.11, refers to the practice of
registering more than one sablefish-endorsed permit for use with a
single vessel. Only limited entry permits with sablefish endorsements
may be stacked. Up to 3 limited entry permits with sablefish
endorsements may be registered for use with a single vessel during the
primary sablefish season described at Sec. 660.231, subpart E.
Privileges, responsibilities, and restrictions associated with stacking
permits to fish in the sablefish primary fishery are described at Sec.
660.231, subpart E and at paragraph (b)(3)(iv) of this section.
(iv) Joint registration of limited entry permits--(A) General.
``Joint registration'' of limited entry permits, as defined at Sec.
660.11, is the practice of simultaneously registering both trawl-
endorsed and longline or trap/pot-endorsed limited entry permits for
use with a single vessel.
(B) Restrictions. Subject to vessel size endorsements in paragraph
(b)(3)(iii), any limited entry permit with a trawl endorsement and any
limited entry permit with a longline or trap/pot endorsement may be
jointly registered for use with a single vessel but only in one of the
following configurations:
(1) a single trawl-endorsed limited entry permit and one, two or
three sablefish-endorsed fixed gear (longline and/or fishpot endorsed)
limited entry permits; or
(2) a single trawl-endorsed limited entry permit and one longline-
endorsed limited entry permit for use with a single vessel.
(v) * * *
(A) General. Change in permit owner and/or vessel owner
applications must be submitted to NMFS with the appropriate
documentation described at paragraphs (b)(4)(viii) and (ix) of this
section. The permit owner may convey the limited entry permit to a
different person. The new permit owner will not be authorized to use
the permit until the change in permit owner has been registered with
and approved by NMFS. NMFS will not approve a change in permit owner
for a limited entry permit with a sablefish endorsement that does not
meet the ownership requirements for such permit described at paragraph
(b)(3)(iv)(B) of this section. NMFS will not approve a change in permit
owner for a limited entry permit with an MS/CV endorsement or an MS
permit that does not meet the ownership requirements for such permit
described at Sec. 660.150(g)(3), and Sec. 660.150(f)(3),
respectively. NMFS considers the following as a change in permit owner
that would require registering with and approval by NMFS, including but
not limited to: Selling the permit to another individual or entity;
adding an individual or entity to the legal name on the permit; or
removing an individual or entity from the legal name on the permit. A
change in vessel owner includes any changes to the name(s) of any or
all vessel owners, as registered with USCG or a state. The new owner(s)
of a vessel registered to a limited entry permit must report any change
in vessel ownership to NMFS within 30 calendar days after such change
has been registered with the USCG or a state licensing agency.
(B) Effective date. The change in permit ownership or change in the
vessel holding the permit will be effective on the day the change is
approved by NMFS, unless there is a concurrent change in the vessel
registered to the permit. Requirements for changing the vessel
registered to the permit are described at paragraph (b)(4)(vi) of this
section.
* * * * *
(vi) * * *
(A) General. A permit may not be used with any vessel other than
the vessel registered to that permit. For purposes of this section, a
permit change in vessel registration occurs when, through SFD, a permit
owner registers a limited entry permit for use with a new vessel.
Permit change in vessel registration applications must be submitted to
SFD with the appropriate documentation described at paragraph
(b)(4)(viii) of this section. Upon receipt of a complete application,
and following review and approval of the application, the SFD will
reissue the permit registered to the new vessel. Applications to change
vessel registration on limited entry permits with sablefish
endorsements will not be approved until SFD has received complete
documentation of permit ownership as described at paragraph
(b)(3)(iv)(B)(4) and as required under paragraph (b)(4)(viii) of this
section. Applications to change vessel registration on limited entry
permits with trawl endorsements or MS permits will not be approved
until SFD has received complete EDC forms as required under Sec.
660.114, subpart D.
(B) Application. Change in vessel registration applications must be
submitted to NMFS with the appropriate documentation described at
paragraphs (b)(4)(viii) and (ix) of this section. At a minimum, a
permit owner seeking to change vessel registration of a limited entry
permit shall submit to NMFS a signed application form and
[[Page 34962]]
his/her current limited entry permit before the first day of the
cumulative limit period in which they wish to fish. If a permit owner
provides a signed application and current limited entry permit after
the first day of a cumulative limit period, the permit will not be
effective until the succeeding cumulative limit period. NMFS will not
approve a change in vessel registration until it receives a complete
application, the existing permit, a current copy of the USCG 1270, and
other required documentation.
* * * * *
(vii) * * *
(A) General. A permit owner may designate the vessel registration
for a permit as ``unidentified,'' meaning that no vessel has been
identified as registered for use with that permit. No vessel is
authorized to use a permit with the vessel registration designated as
``unidentified.'' A vessel owner who removes a permit from his vessel
and registers that permit as ``unidentified'' is not exempt from VMS
requirements at Sec. 660.14, unless specifically authorized by that
section. When a permit owner requests that the permit's vessel
registration be designated as ``unidentified,'' the transaction is not
considered a change in vessel registration for purposes of this
section. Any subsequent request by a permit owner to change from the
``unidentified'' status of the permit in order to register the permit
with a specific vessel will be considered a change in vessel
registration and subject to the restriction on frequency and timing of
changes in vessel registration.
* * * * *
(6) At-sea processing exemptions--(i) Sablefish at-sea processing
exemption. No new applications for sablefish at-sea processing
exemptions will be accepted. As specified at Sec. 660.212(d)(3),
subpart E, vessels are prohibited from processing sablefish at sea that
were caught in the sablefish primary fishery without a sablefish at-sea
processing exemption. Any sablefish at-sea processing exemptions were
issued to a particular vessel and that permit and vessel owner who
requested the exemption. The exemption is not part of the limited entry
permit. The exemption cannot be registered with any other vessel,
vessel owner, or permit owner for any reason. The exemption only
applies to at-sea processing of sablefish caught in the sablefish
primary fishery. The sablefish at-sea processing exemption will expire
upon registration of the vessel to a new owner or if the vessel is
totally lost, as defined at Sec. 660.11.
(ii) Non-whiting at-sea processing exemption. No new applications
for non-whiting at-sea processing exemptions will be accepted. As
specified at Sec. 660.112(b)(1)(xii), subpart D, vessels are
prohibited from processing non-whiting groundfish at sea that were
caught in the Shorebased IFQ Program without a non-whiting at-sea
processing exemption. Any non-whiting at-sea processing exemptions were
issued to a particular vessel and that permit and/or vessel owner who
requested the exemption. The exemption is not part of the limited entry
permit. The exemption is not transferable to any other vessel, vessel
owner, or permit owner for any reason. The exemption only applies to
at-sea processing of non-whiting groundfish caught in the Shorebased
IFQ Program. The non-whiting at-sea processing exemption will expire
upon registration of the vessel to a new owner or if the vessel is
totally lost, as defined at Sec. 660.11.
* * * * *
0
7. In Sec. 660.55, revise paragraph (f) introductory text and
paragraphs (h)(1) and (2) to read as follows:
Sec. 660.55 Allocations.
* * * * *
(f) Catch accounting. Catch accounting refers to how the catch in a
fishery is monitored against the allocations described in this section.
For species with trawl/nontrawl allocations, catch of those species are
counted against the trawl/nontrawl allocations as explained in
paragraph (f)(1) of this section. For species with limited entry/open
access allocations in a given biennial cycle, catch of those species
are counted against the limited entry/open access allocations as
explained in paragraph (f)(1)(ii) of this section.
* * * * *
(h) * * *
(1) Tribal/nontribal allocation. The sablefish allocation to
Pacific coast treaty Indian tribes is identified at Sec. 660.50(f)(2).
The remainder is available to the nontribal fishery (limited entry,
open access (directed and incidental), and research).
(2) Between the limited entry and open access fisheries. The
allocation of sablefish after tribal deductions is further reduced by
the estimated total mortality of sablefish in research and recreational
fisheries; the remaining yield (commercial harvest guideline) is
divided between open access and limited entry fisheries. The limited
entry fishery allocation is 90.6 percent of the commercial harvest
guideline. The open access allocation is 9.4 percent of the commercial
harvest guideline and includes incidental catch in non-groundfish
fisheries, or incidental open access.
* * * * *
0
8. In Sec. 660.60:
0
a. Revise paragraphs (h)(7) introductory text, (h)(7)(i) introductory
text, (h)(7)(ii)(A), (h)(7)(ii)(B)(1) introductory text, and
(h)(7)(ii)(B)(2); and
0
b. Add paragraphs (h)(7)(ii)(B)(3) and (h)(7)(iii).
The revisions and additions read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
* * * * *
(7) Crossover provisions. Crossover provisions apply to three
activities: Fishing on different sides of a management line, or fishing
in both the limited entry and open access fisheries, or fishing in both
the Shorebased IFQ Program and the limited entry fixed gear fishery.
NMFS uses different types of management areas for West Coast groundfish
management, such as the north-south management areas as defined in
Sec. 660.11. Within a management area, a large ocean area with
northern and southern boundary lines, trip limits, seasons, and
conservation areas follow a single theme. Within each management area,
there may be one or more conservation areas, defined at Sec. 660.11
and Sec. Sec. 660.70 through 660.74. The provisions within this
paragraph apply to vessels fishing in different management areas.
Crossover provisions also apply to vessels that fish in both the
limited entry and open access fisheries, or that use open access non-
trawl gear while registered to limited entry fixed gear permits.
Crossover provisions also apply to vessels that are jointly registered,
as defined at Sec. 660.11, fishing in both the Shorebased IFQ Program
and the limited entry fixed gear fishery during the same cumulative
limit period. Fishery specific crossover provisions can be found in
subparts D through F of this part.
(i) Fishing in management areas with different trip limits. Trip
limits for a species or a species group may differ in different
management areas along the coast. The following crossover provisions
apply to vessels fishing in different geographical areas that have
different cumulative or ``per trip'' trip limits for the same species
or species group, with the following exceptions. Such crossover
provisions do not apply to: IFQ species (defined at Sec. 660.140(c),
[[Page 34963]]
subpart D) for vessels that are declared into the Shorebased IFQ
Program (see Sec. 660.13(d)(5)(iv)(A), for valid Shorebased IFQ
Program declarations); species that are subject only to daily trip
limits; or to trip limits for black rockfish off Washington, as
described at Sec. 660.230(e) and Sec. 660.330(e).
* * * * *
(ii) * * *
(A) Fishing in limited entry and open access fisheries with
different trip limits. Open access trip limits apply to any fishing
conducted with open access gear, even if the vessel has a valid limited
entry permit with an endorsement for another type of gear. Except such
provisions do not apply to IFQ species (defined at Sec. 660.140(c),
subpart D) for vessels that are declared into the Shorebased IFQ
Program (see Sec. 660.13(d)(5)(iv)(A) for valid Shorebased IFQ Program
declarations). A vessel that fishes in both the open access and limited
entry fisheries is not entitled to two separate trip limits for the
same species. If a vessel has a limited entry permit registered to it
at any time during the trip limit period and uses open access gear, but
the open access limit is smaller than the limited entry limit, the open
access limit may not be exceeded and counts toward the limited entry
limit. If a vessel has a limited entry permit registered to it at any
time during the trip limit period and uses open access gear, but the
open access limit is larger than the limited entry limit, the smaller
limited entry limit applies, even if taken entirely with open access
gear.
(B) * * *
(1) Vessel registered to a limited entry trawl permit. To fish with
open access gear, defined at Sec. 660.11, a vessel registered to a
limited entry trawl permit must make the appropriate fishery
declaration, as specified at Sec. 660.14(d)(5)(iv)(A). In addition, a
vessel registered to a limit entry trawl permit must remove the permit
from their vessel, as specified at Sec. 660.25(b)(4)(vi), unless the
vessel will be fishing in the open access fishery under one of the
following declarations specified at Sec. 660.13(d):
* * * * *
(2) Vessel registered to a limited entry fixed gear permit(s). To
fish with open access gear, defined at Sec. 660.11, subpart C, a
vessel registered to a limit entry fixed gear permit must make the
appropriate open access declaration, as specified at Sec.
660.14(d)(5)(iv)(A). Vessels registered to a sablefish-endorsed
permit(s) fishing in the sablefish primary season (described at Sec.
660.231, subpart E) may only fish with the gear(s) endorsed on their
sablefish-endorsed permit(s) against those limits.
(3) Vessel jointly registered to more than one limited entry
permit. Vessels jointly registered (under the provisions at Sec.
660.25(b)(4)(iv)(B)) may fish with open access gear (defined at Sec.
660.11) if they meet the requirements of both paragraphs
(h)(7)(ii)(B)(1) and (2) of this section.
(iii) Fishing in both the Shorebased IFQ Program and the limited
entry fixed gear fishery for vessels that are jointly registered.
(A) Fishing in the Shorebased IFQ Program and limited entry fixed
gear fishery with different trip limits. If a vessel fishes in both the
Shorebased IFQ Program and the limited entry fixed gear fishery during
a cumulative limit period, they are subject to the most restrictive
trip limits for non-IFQ species.
(B) Fishing in the Shorebased IFQ Program and the limited entry
fixed gear sablefish primary fishery with different trip limits. If a
vessel is jointly registered and one or more of the limited entry
permits is sablefish endorsed, any sablefish landings made by a vessel
declared into the limited entry fixed gear fishery after the start of
the sablefish primary fishery count towards the tier limit(s), per
regulations at Sec. 660.232(a)(2), subpart E. Any sablefish landings
made by a vessel declared into the Shorebased IFQ Program must be
covered by quota pounds, per regulations at Sec. 660.112(b), subpart
D, and will not count towards the tier limit(s).
0
9. In Sec. 660.112:
0
a. Revise paragraphs (a)(3)(i) and (ii);
0
b. Remove paragraph (b)(1)(xii)(B); and
0
c. Redesignate paragraph (b)(1)(xii)(C) as (b)(1)(xii)(B).
The revision reads as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(a) * * *
(3) * * *
(i) Fail to comply with all recordkeeping and reporting
requirements at Sec. 660.13, subpart C; including failure to submit
information, or submission of inaccurate or false information on any
report required at Sec. 660.13(d), subpart C, and Sec. 660.113:
(ii) Falsify or fail to make and/or file, retain or make available
any and all reports of groundfish landings, containing all data, and in
the exact manner, required by the regulation at Sec. 660.13, subpart
C, or Sec. 660.113.
* * * * *
0
10. In Sec. 660.113:
0
a. Revise paragraphs (a)(2), (b)(4)(ii)(A);
0
b. Remove paragraphs (b)(4)(ii)(B) and (C) and redesignate paragraphs
(b)(4)(ii)(D) through (F) as (b)(4)(ii)(B) through (D);
0
c. Revise newly redesignated paragraphs (b)(4)(ii)(C)(5) introductory
text and (b)(4)(ii)(C)(6); and
0
d.) Revise paragraphs (b)(4)(iii) and (b)(4)(v).
The revisions read as follows:
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
* * * * *
(a) * * *
(2) All records used in the preparation of records or reports
specified in this section or corrections to these reports must be
maintained for a period of not less than three years after the date of
landing and must be immediately available upon request for inspection
by NMFS or authorized officers or others as specifically authorized by
NMFS. Records used in the preparation of required reports specified in
this section or corrections to these reports that are required to be
kept include, but are not limited to, any written, recorded, graphic,
electronic, or digital materials as well as other information stored in
or accessible through a computer or other information retrieval system;
worksheets; weight slips; preliminary, interim, and final tally sheets;
receipts; checks; ledgers; notebooks; diaries; spreadsheets; diagrams;
graphs; charts; tapes; disks; or computer printouts. All relevant
records used in the preparation of electronic fish ticket reports or
corrections to these reports, including dock tickets, must be
maintained for a period of not less than three years after the date of
landing and must be immediately available upon request for inspection
by NMFS or authorized officers or others as specifically authorized by
NMFS.
(b) * * *
(4) * * *
(ii) * * *
(A) Include, as part of each electronic fish ticket submission, the
actual scale weight for each groundfish species as specified by
requirements at Sec. 660.15(c), and the vessel identification number.
Use, and maintain in good working order, hardware, software, and
internet access as specified at Sec. 660.15(d).
* * * * *
(C) * * *
(5) Prior to submittal, three copies of the printed, signed,
electronic fish ticket must be produced by the IFQ first receiver and a
copy provided to each of the following:
* * * * *
[[Page 34964]]
(6) After review and signature, the electronic fish ticket must be
submitted within 24 hours of the completion of the offload, as
specified in paragraph (b)(4)(ii)(B) of this section.
* * * * *
(iii) Revising a submission. In the event that a data error is
found, electronic fish ticket submissions must be revised by
resubmitting the revised form electronically. Electronic fish tickets
are to be used for the submission of final data. Preliminary data,
including estimates of fish weights or species composition, shall not
be submitted on electronic fish tickets.
* * * * *
(v) Reporting requirements when a temporary waiver has been
granted. IFQ First receivers that have been granted a temporary waiver
from the requirement to submit electronic fish tickets must submit on
paper the same data as is required on electronic fish tickets within 24
hours of the date received during the period that the waiver is in
effect. Paper fish tickets must be sent by facsimile to NMFS, West
Coast Region, Sustainable Fisheries Division, 206-526-6736 or by
delivering it in person to 7600 Sand Point Way, NE., Seattle, WA 98115.
The requirements for submissions of paper tickets in this paragraph are
separate from, and in addition to existing state requirements for
landing receipts or fish receiving tickets.
* * * * *
Sec. 660.114 [Amended]
0
11. Amend Sec. 660.114(b) by removing the words ``Sec.
660.25(b)(4)(v)'' wherever they appear and adding the words ``Sec.
660.25(b)(4)(vi).''
0
12. In Sec. 660.211, add the definition of ``sablefish landing'' is in
alphabetical order to read as follows:
Sec. 660.211 Fixed gear fishery--definitions.
* * * * *
Sablefish landing means a landing that includes any amount of
sablefish harvested in the limited entry fixed gear fishery.
* * * * *
0
13. In Sec. 660.212:
0
a. Revise paragraph (a)(2);
0
b. Add paragraphs (a)(3) through (6);
0
c. Revise paragraphs (b), and (d)(1) and (2).
The revisions and additions read as follows:
Sec. 660.212 Fixed gear fishery--prohibitions.
* * * * *
(a) * * *
(2) Take and retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the limited entry fixed
gear sablefish primary season from a vessel authorized to fish in that
season, as described at Sec. 660.231 and except for IFQ species taken
in the Shorebased IFQ Program from a vessel authorized under gear
switching provisions as described at Sec. 660.140(k).
(3) Transport catch that includes any amount of sablefish away from
the point of landing before that catch has been sorted and weighed by
federal groundfish species or species group, and recorded for
submission on an electronic fish ticket under Sec. 660.213(e). (If
fish will be transported to a different location for processing, all
sorting and weighing to federal groundfish species groups must occur
before transporting the catch away from the point of landing).
(4) Mix catch from more than one sablefish landing prior to the
catch being sorted and weighed for reporting on an electronic fish
ticket under Sec. 660.213(e).
(5) Process, sell, or discard any groundfish received from a
sablefish landing that has not been accounted for on an electronic fish
ticket under Sec. 660.213(e).
(6) Upon commencing an offload of a sablefish landing at a landing
site, fail to offload all groundfish on board the vessel at that
landing site.
(b) Recordkeeping and reporting. (1) Fail to comply with all
recordkeeping and reporting requirements at Sec. 660.13, subpart C;
including failure to submit information, or submission of inaccurate or
false information on any report required at Sec. 660.13(d), subpart C,
and Sec. 660.213.
(2) Falsify or fail to make and/or file, retain or make available
any and all reports of groundfish landings that include sablefish,
containing all data, and in the exact manner, required by the
regulation at Sec. 660.13, subpart C, or Sec. 660.213.
* * * * *
(d) Sablefish fisheries. (1) Take and retain, possess or land
sablefish under the tier limits provided for the limited entry, fixed
gear sablefish primary season, described in Sec. 660.231(b)(3), from a
vessel that is not registered to a limited entry permit with a
sablefish endorsement.
(2) Take and retain, possess or land sablefish in the sablefish
primary season, described at Sec. 660.231(b), unless the owner of the
limited entry permit registered for use with that vessel and
authorizing the vessel to fish in the sablefish primary season is on
board that vessel. Exceptions to this prohibition are provided at Sec.
660.231(b)(4)(i) and (ii).
* * * * *
0
14. In Sec. 660.213, revise paragraph (d)(1) and add paragraph (e) to
read as follows:
Sec. 660.213 Fixed gear fishery--recordkeeping and reporting.
* * * * *
(d) * * *
(1) Any person landing groundfish must retain on board the vessel
from which groundfish are landed, and provide to an authorized officer
upon request, copies of any and all reports of groundfish landings
containing all data, and in the exact manner, required by the
applicable state law throughout the cumulative limit period during
which a landing occurred and for 15 days thereafter. All relevant
records used in the preparation of electronic fish ticket reports or
corrections to these reports, including dock tickets, must be
maintained for a period of not less than three years after the date of
landing and must be immediately available upon request for inspection
by NMFS or authorized officers or others as specifically authorized by
NMFS.
* * * * *
(e) Electronic fish ticket. The first receiver, as defined at Sec.
660.11, subpart C, of a sablefish landing from a limited entry fixed
gear vessel is responsible for compliance with all reporting
requirements described in this paragraph. When used in this paragraph,
submit means to transmit final electronic fish ticket information via
web-based form or, if a waiver is granted, by paper form. When used in
this paragraph, record means the action of documenting electronic fish
ticket information in any written format.
(1) Required information. All first receivers must provide the
following types of information: Date of landing, vessel that made the
landing, vessel identification number, limited entry permit number(s),
name of the vessel operator, gear type used, receiver, actual weights
of species landed listed by species or species group including species
with no value, condition landed, number of salmon by species, number of
Pacific halibut, ex-vessel value of the landing by species, fish caught
inside/outside 3 miles or both, and any other information deemed
necessary by the Regional Administrator (or designee) as specified on
the appropriate electronic fish ticket form.
(2) Submissions. The first receiver must:
(i) Include, as part of each electronic fish ticket submission, the
actual scale
[[Page 34965]]
weight for each groundfish species as specified by requirements at
Sec. 660.15(c), the vessel identification number, and the limited
entry permit number. Use and maintain, for the purposes of submitting
electronic fish tickets, equipment as specified at Sec. 660.15(d).
(ii) Submit a completed electronic fish ticket(s) for every landing
that includes sablefish no later than 24 hours after the date of
landing, unless a waiver of this requirement has been granted under
provisions specified at paragraph (e)(4) of this section.
(iii) Submit separate electronic fish tickets for sablefish
landings in the limited entry fixed gear sablefish primary fishery
where the sablefish will be counted against more than one of the
stacked permits, or against a tier limit(s) and the cumulative trip
limit in the DTL fishery. For vessels with stacked limited entry
sablefish permits, defined at Sec. 660.12, a landing may be divided
and reported on separate electronic fish tickets for the purposes of
apportioning the sablefish landings amongst the remaining tier limits
associated with each of the stacked permits. Per regulations at Sec.
660.232(a)(2) a vessel may land the remainder of its tier limit(s) and
also land against the applicable DTL limits in the same landing; in
that instance multiple fish tickets must be used to apportion sablefish
landed against the tier(s) from the sablefish landed against cumulative
trip limits of the DTL fishery. If multiple electronic fish tickets are
recorded and submitted for a single sablefish landing, each electronic
fish ticket must meet the process and submittal requirements specified
in paragraphs (e)(iv) and (v) of this section in addition to the
following requirements:
(A) The sum total of all groundfish, including sablefish, from the
landing must be submitted via electronic fish ticket(s).
(B) The limited entry fixed gear sablefish permit number unto which
the portion of the sablefish landing will be attributed to must be
recorded on each electronic fish ticket or dock ticket. Only one permit
number may be recorded on a ticket.
(C) The owner-on board, unless exempted under regulations at Sec.
660.231(a)(4), must review and sign documentation of the landing, as
described in (e)(2)(iv) and (v) of this section.
(iv) If electronic fish tickets will be submitted prior to
processing or transport, follow these process and submittal
requirements:
(A) After completing the landing, the electronic fish ticket
information must be recorded immediately.
(B) Prior to submittal of the electronic fish ticket, the
information recorded for the electronic fish ticket must be reviewed by
the vessel operator who delivered the fish, and the port sampler if one
is present. If required by regulations at Sec. 660.231(a)(4), the
owner-on-board must also review the information recorded on the
electronic fish ticket prior to submittal.
(C) After review, the receiver and the vessel operator must sign a
printed hard copy of the electronic fish ticket or, if the landing
occurs outside of business hours, the original dock ticket. If required
by regulations at Sec. 660.231(a)(4), the owner-on-board must also
sign a printed copy of the electronic fish ticket or, if the landing
occurs outside of business hours, the original dock ticket.
(D) Prior to submittal, three copies of the signed electronic fish
ticket must be produced by the receiver and a copy provided to each of
the following:
(1) The vessel operator and/or the owner-on-board;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(E) After review and signature, the electronic fish ticket must be
submitted within 24 hours after the date of landing, as specified in
paragraph (e)(2)(ii) of this section.
(v) If electronic fish tickets will be submitted after transport,
follow these process and submittal requirements:
(A) The vessel name, limited entry permit number, and the
electronic fish ticket number must be recorded on each dock ticket
related to that landing.
(B) Upon completion of the dock ticket, but prior to transfer of
the landing to another location, the dock ticket information that will
be used to complete the electronic fish ticket must be reviewed by the
vessel operator who delivered the fish. If the electronic fish ticket
will report landings of sablefish in the sablefish primary fishery, the
owner-on-board, unless exempted under regulations at Sec.
660.231(a)(4), must review the information recorded on the dock ticket
prior to transfer of the landing to another location.
(C) After review, the first receiver and the vessel operator must
sign the original copy of each dock ticket related to that landing. If
a dock ticket includes landings of sablefish in the sablefish primary
fishery, the owner-on-board, unless exempted under regulations at Sec.
660.231(a)(4), must sign the original copy of that dock ticket.
(D) Prior to submittal of the electronic fish ticket, three copies
of the signed dock ticket must be produced by the first receiver and a
copy provided to each of the following:
(1) The vessel operator and/or the owner-on-board;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(E) Based on the information contained in the signed dock ticket,
the electronic fish ticket must be completed and submitted within 24
hours of the completion of the landing, as specified in paragraph
(e)(2)(ii) of this section.
(F) Three copies of the electronic fish ticket must be produced by
the first receiver and a copy provided to each of the following:
(1) The vessel operator and/or the owner-on-board;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(3) Revising a submission. In the event that a data error is found,
electronic fish ticket submissions must be revised by resubmitting the
revised form electronically. Electronic fish tickets are to be used for
the submission of final data. Preliminary data, including estimates of
fish weights or species composition, shall not be submitted on
electronic fish tickets.
(4) Waivers for submission. On a case-by-case basis, a temporary
written waiver of the requirement to submit electronic fish tickets may
be granted by the Assistant Regional Administrator or designee if he/
she determines that circumstances beyond the control of a receiver
would result in inadequate data submissions using the electronic fish
ticket system. The duration of the waiver will be determined on a case-
by-case basis.
(5) Reporting requirements when a temporary waiver has been
granted. Receivers that have been granted a temporary waiver from the
requirement to submit electronic fish tickets must submit on paper the
same data as is required on electronic fish tickets within 24 hours of
the date received during the period that the waiver is in effect. Paper
fish tickets must be sent by facsimile to NMFS, West Coast Region,
Sustainable Fisheries Division, 206-526-6736 or by delivering it in
person to 7600 Sand Point Way, NE., Seattle, WA 98115. The requirements
for submissions of paper tickets in this paragraph are separate from,
and in addition to existing state requirements for landing receipts or
fish receiving tickets.
0
15. In Sec. 660.231, revise paragraphs (a), (b)(1), (b)(2), (b)(3),
and (b)(4) introductory text to read as follows:
[[Page 34966]]
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(a) Sablefish endorsement. In addition to requirements pertaining
to fishing in the limited entry fixed gear fishery (described in
subparts C and E), a vessel may not fish in the sablefish primary
season for the limited entry fixed gear fishery, unless at least one
limited entry permit with both a gear endorsement for longline or trap
(or pot) gear and a sablefish endorsement is registered for use with
that vessel. Permits with sablefish endorsements are assigned to one of
three tiers, as described at Sec. 660.25(b)(3)(iv), subpart C.
(b) * * *
(1) Season dates. North of 36[deg] N. lat., the sablefish primary
season for the limited entry, fixed gear, sablefish-endorsed vessels
begins at 12 noon local time on April 1 and closes at 12 noon local
time on October 31, or closes for an individual vessel owner when the
tier limit for the sablefish endorsed permit(s) registered to the
vessel has been reached, whichever is earlier, unless otherwise
announced by the Regional Administrator through the routine management
measures process described at Sec. 660.60(c).
(2) Gear type. During the primary season, when fishing against
primary season cumulative limits, each vessel authorized to fish in
that season under paragraph (a) of this section may fish for sablefish
with any of the gear types, except trawl gear, endorsed on at least one
of the sablefish endorsed permits registered for use with that vessel.
(3) Cumulative limits. (i) A vessel fishing in the primary season
will be constrained by the sablefish cumulative limit associated with
each of the sablefish endorsed permits registered for use with that
vessel. During the primary season, each vessel authorized to fish in
that season under paragraph (a) of this section may take, retain,
possess, and land sablefish, up to the cumulative limits for each of
the sablefish endorsed permits registered for use with that vessel. If
a vessel is stacking permits, that vessel may land up to the total of
all cumulative limits announced in this paragraph for the tiers for
those permits, except as limited by paragraph (b)(3)(ii) of this
section. Up to 3 sablefish endorsed permits may be stacked for use with
a single vessel during the primary season; thus, a single vessel may
not take and retain, possess or land more than 3 primary season
sablefish cumulative limits in any one year. Per regulations at Sec.
660.12(a)(6), subpart C, all other groundfish landings are subject to
per vessel trip limits. In 2015, the following annual limits are in
effect: Tier 1 at 41,175 (18,677 kg), Tier 2 at 18,716 lb (8,489 kg),
and Tier 3 at 10,695 lb (4,851 kg). For 2016 and beyond, the following
annual limits are in effect: Tier 1 at 45,053 lb (20,436 kg), Tier 2 at
20,479 lb (9,289 kg), and Tier 3 at 11,702 lb (5,308 kg).
(ii) If a sablefish endorsed permit is registered to more than one
vessel during the primary season in a single year, the second vessel
may only take the portion of the cumulative limit for that permit that
has not been harvested by the first vessel to which the permit was
registered. The combined primary season sablefish landings for all
vessels registered to that permit may not exceed the cumulative limit
for the tier associated with that permit.
(iii) A cumulative trip limit is the maximum amount of sablefish
that may be taken and retained, possessed, or landed per vessel in a
specified period of time, with no limit on the number of landings or
trips.
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N. lat.). From April 1 through October 31, vessels
authorized to participate in the sablefish primary fishery, licensed by
the International Pacific Halibut Commission for commercial fishing in
Area 2A (waters off Washington, Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N. lat.) may
possess and land up to the following cumulative limits: 110 lb (50 kg)
dressed weight of Pacific halibut for every 1,000 pounds (454 kg)
dressed weight of sablefish landed and up to 2 additional Pacific
halibut in excess of the 110-pounds-per-1,000-pound ratio per landing.
``Dressed'' Pacific halibut in this area means halibut landed
eviscerated with their heads on. Pacific halibut taken and retained in
the sablefish primary fishery north of Pt. Chehalis may only be landed
north of Pt. Chehalis and may not be possessed or landed south of Pt.
Chehalis.
(4) Owner-on-board requirement. Any person who owns or has
ownership interest in a limited entry permit with a sablefish
endorsement, as described at Sec. 660.25(b)(3), subpart C, must be on
board the vessel registered for use with that permit at any time that
the vessel has sablefish on board the vessel that count toward that
permit's cumulative sablefish landing limit. This person must carry
government issued photo identification while aboard the vessel. This
person must review and sign a printed copy of the electronic fish
ticket(s) or dock ticket, as described at Sec. 660.213(d), unless this
person qualified for the owner-on-board exemption. A permit owner is
qualified for the owner-on-board exemption and not obligated to be on
board the vessel registered for use with the sablefish-endorsed limited
entry permit during the sablefish primary season if:
* * * * *
0
16. Section 660.232 is revised to read as follows:
Sec. 660.232 Limited entry daily trip limit (DTL) fishery for
sablefish.
(a) Limited entry DTL fisheries both north and south of 36[deg] N.
lat. (1) Before the start of the sablefish primary season, all
sablefish landings made by a vessel declared into the limited entry
fixed gear fishery and authorized by Sec. 660.231(a) to fish in the
sablefish primary season will be subject to the restrictions and limits
of the limited entry DTL fishery for sablefish specified in this
section and which is governed by routine management measures imposed
under Sec. 660.60(c), subpart C.
(2) Following the start of the primary season, all sablefish
landings made by a vessel declared into the limited entry fixed gear
fishery and authorized by Sec. 660.231(a) to fish in the primary
season will count against the primary season cumulative limit(s)
associated with the sablefish-endorsed permit(s) registered for use
with that vessel. A vessel that is eligible to fish in the sablefish
primary season may fish in the DTL fishery for sablefish once that
vessels' primary season sablefish limit(s) have been landed, or after
the close of the primary season, whichever occurs earlier (as described
at Sec. 660.231(b)(1)). If the vessel continues to fish in the limited
entry fixed gear fishery for any part of the remaining fishing year,
any subsequent sablefish landings by that vessel will be subject to the
restrictions and limits of the limited entry DTL fishery for sablefish.
(3) Vessels registered for use with a limited entry fixed gear
permit that does not have a sablefish endorsement may fish in the
limited entry DTL fishery, consistent with regulations at Sec.
660.230, for as long as that fishery is open during the fishing year,
subject to routine management measures imposed under Sec. 660.60(c),
subpart C. DTL limits for the limited entry fishery north and south of
36[deg] N. lat. are provided in Tables 2 (North) and 2 (South) of this
subpart.
(b) A vessel that is jointly registered, and has participated or
will participate in both the limited entry fixed gear fishery and the
Shorebased IFQ Program during the fishing year, is subject to crossover
provisions described at Sec. 660.60(h)(7), subpart C.
0
17. In Sec. 660.311, add the definition of ``sablefish landing'' in
alphabetical order to read as follows:
[[Page 34967]]
Sec. 660.311 Open access fishery--definitions.
* * * * *
Sablefish landing means a landing that includes any amount of
sablefish harvested in the open access fishery.
* * * * *
0
18. In Sec. 660.312:
0
a. Revise paragraphs (a)(3) through (6);
0
b. Redesignate paragraphs (b) and (c) as (c) and (d), respectively; and
0
c. Add a new paragraph (b).
The revisions and additions read as follows:
Sec. 660.312 Open access fishery--prohibitions.
* * * * *
(a) * * *
(3) Transport catch that includes any amount of sablefish away from
the point of landing before that catch has been sorted and weighed by
federal groundfish species or species group, and recorded for
submission on an electronic fish ticket under Sec. 660.313(f). (If
fish will be transported to a different location for processing, all
sorting and weighing to federal groundfish species groups must occur
before transporting the catch away from the point of landing).
(4) Mix catch from more than one sablefish landing prior to the
catch being sorted and weighed for reporting on an electronic fish
ticket under Sec. 660.313(f).
(5) Process, sell, or discard any groundfish received from a
sablefish landing that has not been accounted for on an electronic fish
ticket under Sec. 660.313(f).
(6) Upon commencing an offload of a sablefish landing at a landing
site, fail to offload all groundfish on board the vessel at that
landing site.
(b) Recordkeeping and reporting. (1) Fail to comply with all
recordkeeping and reporting requirements at Sec. 660.13, subpart C,
including failure to submit information, or submission of inaccurate or
false information on any report required at Sec. 660.13(d), subpart C,
and Sec. 660.313.
(2) Falsify or fail to make and/or file, retain or make available
any and all reports of groundfish landings that include sablefish,
containing all data, and in the exact manner, required by the
regulation at Sec. 660.13, subpart C, or Sec. 660.313.
* * * * *
0
19. Section 660.313 is revised to read as follows:
Sec. 660.313 Open access fishery--recordkeeping and reporting.
(a) General. General reporting requirements specified at Sec.
660.13(a) through (c), subpart C, apply to the open access fishery.
(b) Declaration reports for vessels using nontrawl gear.
Declaration reporting requirements for open access vessels using
nontrawl gear (all types of open access gear other than non-groundfish
trawl gear) are specified at Sec. 660.13(d), subpart C.
(c) Declaration reports for vessels using non-groundfish trawl
gear. Declaration reporting requirements for open access vessels using
non-groundfish trawl gear are specified at Sec. 660.13(d), subpart C.
(d) VMS requirements for open access fishery vessels. VMS
requirements for open access fishery vessels are specified at Sec.
660.14, subpart C.
(e) Retention of records. Any person landing groundfish must retain
on board the vessel from which groundfish is landed, and provide to an
authorized officer upon request, copies of any and all reports of
groundfish landings containing all data, and in the exact manner,
required by the applicable state law throughout the cumulative limit
period during which a landing occurred and for 15 days thereafter. All
relevant records used in the preparation of electronic fish ticket
reports or corrections to these reports, including dock tickets, must
be maintained for a period of not less than three years after the date
of landing and must be immediately available upon request for
inspection by NMFS or authorized officers or others as specifically
authorized by NMFS.
(f) Electronic fish ticket. The first receiver, as defined at Sec.
660.11, subpart C, of a sablefish landing from an open access vessel is
responsible for compliance with all reporting requirements described in
this paragraph. When used in this paragraph, submit means to transmit
final electronic fish ticket information via web-based form or, if a
waiver is granted, by paper form. When used in this paragraph, record
means the action of documenting electronic fish ticket information in
any written format.
(1) Required information. All first receivers must provide the
following types of information: Date of landing, vessel that made the
landing, vessel identification number, name of the vessel operator,
gear type used, receiver, actual weights of species landed listed by
species or species group including species with no value, condition
landed, number of salmon by species, number of Pacific halibut, ex-
vessel value of the landing by species, fish caught inside/outside 3
miles or both, and any other information deemed necessary by the
Regional Administrator (or designee) as specified on the appropriate
electronic fish ticket form.
(2) Submissions. The first receiver must:
(i) Include, as part of each electronic fish ticket submission, the
actual scale weight for each groundfish species as specified by
requirements at Sec. 660.15(c) and the vessel identification number.
Use and maintain, for the purposes of submitting electronic fish
tickets, equipment as specified at Sec. 660.15(d).
(ii) Submit a completed electronic fish ticket for every landing
that includes sablefish no later than 24 hours after the date of
landing, unless a waiver of this requirement has been granted under
provisions specified at paragraph (f)(4) of this section.
(iii) If electronic fish tickets will be submitted prior to
processing or transport, follow these process and submittal
requirements:
(A) After completing the landing, the electronic fish ticket
information must be recorded immediately.
(B) Prior to submittal of the electronic fish ticket, the
information recorded for the electronic fish ticket must be reviewed by
the vessel operator who delivered the fish, and the port sampler if one
is present.
(C) After review, the receiver and the vessel operator must sign a
printed hard copy of the electronic fish ticket or, if the landing
occurs outside of business hours, the original dock ticket.
(D) Prior to submittal, three copies of the signed electronic fish
ticket must be produced by the receiver and a copy provided to each of
the following:
(1) The vessel operator;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(E) After review and signature, the electronic fish ticket must be
submitted within 24 hours after the date of landing, as specified in
paragraph (f)(2)(ii) of this section.
(iv) If electronic fish tickets will be submitted after transport,
follow these process and submittal requirements:
(A) The vessel name and the electronic fish ticket number must be
recorded on each dock ticket related to that landing.
(C) Upon completion of the dock ticket, but prior to transfer of
the offload to another location, the dock ticket information that will
be used to complete the electronic fish ticket must be reviewed by the
vessel operator who delivered the fish.
(D) After review, the first receiver and the vessel operator must
sign the original copy of each dock ticket related to that landing.
(E) Prior to submittal of the electronic fish ticket, three copies
of the signed
[[Page 34968]]
dock ticket must be produced by the first receiver and a copy provided
to each of the following:
(1) The vessel operator;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(F) Based on the information contained in the signed dock ticket,
the electronic fish ticket must be completed and submitted within 24
hours of the date of landing, as specified in paragraph (f)(2)(ii) of
this section.
(G) Three copies of the electronic fish ticket must be produced by
the first receiver and a copy provided to each of the following:
(1) The vessel operator;
(2) The state of origin if required by state regulations; and
(3) The first receiver.
(3) Revising a submission. In the event that a data error is found,
electronic fish ticket submissions must be revised by resubmitting the
revised form electronically. Electronic fish tickets are to be used for
the submission of final data. Preliminary data, including estimates of
fish weights or species composition, shall not be submitted on
electronic fish tickets.
(4) Waivers for submission. On a case-by-case basis, a temporary
written waiver of the requirement to submit electronic fish tickets may
be granted by the Assistant Regional Administrator or designee if he/
she determines that circumstances beyond the control of a receiver
would result in inadequate data submissions using the electronic fish
ticket system. The duration of the waiver will be determined on a case-
by-case basis.
(5) Reporting requirements when a temporary waiver has been
granted. Receivers that have been granted a temporary waiver from the
requirement to submit electronic fish tickets must submit on paper the
same data as is required on electronic fish tickets within 24 hours of
the date of landing during the period that the waiver is in effect.
Paper fish tickets must be sent by facsimile to NMFS, West Coast
Region, Sustainable Fisheries Division, 206-526-6736 or by delivering
it in person to 7600 Sand Point Way NE., Seattle, WA 98115. The
requirements for submissions of paper tickets in this paragraph are
separate from, and in addition to existing state requirements for
landing receipts or fish receiving tickets.
[FR Doc. 2016-12848 Filed 5-31-16; 8:45 am]
BILLING CODE 3510-22-P