[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84419-84434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 660

[Docket No. 140905757-6999-02]
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: Final rule.

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SUMMARY: This final rule revises fishery monitoring and equipment 
requirements for all commercial groundfish fisheries. In particular, it 
establishes a requirement for submitting electronic fish tickets (EFT) 
in the limited entry fixed gear fisheries and open access fisheries. 
This final rule also: revises administrative procedures for limited 
entry permits, providing greater flexibility and efficiencies for 
limited entry groundfish fishery participants; requires vessels 
registered to Vessel Monitoring Systems (VMS) to make an initial 
declaration report; and makes administrative changes and clarifying 
edits to improve consistency of the regulations with past Pacific 
Fishery

[[Page 84420]]

Management Council (Council) actions and with the Pacific Coast 
Groundfish Fishery Management Plan (FMP). This action improves 
monitoring and administration of the limited entry sablefish primary 
fishery, and addresses unforeseen issues arising out of the evolution 
of commercial sablefish fisheries and subsequent regulations.

DATES: This rule is effective December 23, 2016, except for the 
amendments to Sec.  660.212(a)(3) through (5) and Sec.  660.312(a)(3) 
through (5), which will be effective January 1, 2017.

ADDRESSES: Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/. NMFS prepared a Final Regulatory Flexibility 
Analysis (FRFA), which is summarized in the Classification section of 
this final rule. Copies of the FRFA and the Small Entity Compliance 
Guide are available from William W. Stelle, Jr., Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070; or by phone at 206-526-6150. Copies of the 
Small Entity Compliance Guide are also available on the West Coast 
Regional Office Web site at http://www.westcoast.fisheries.noaa.gov/.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final 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].

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, 206-526-6147, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Summary of Major Actions

    This final rule improves the timeliness and accuracy of sablefish 
catch reporting in the limited entry fixed gear fisheries and open 
access fisheries, provides more flexibility and efficiencies for 
harvesters in the Shorebased Individual Fishing Quota (IFQ) Program and 
limited entry fixed gear fisheries, and implements 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.
    This final 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 provides 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 allows 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 clarifies 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 requires any vessel that has a VMS 
registered with NMFS Office of Law Enforcement (OLE) to submit a 
declaration report with OLE. The seventh action updates and simplifies 
equipment requirements for electronic fish tickets. The eighth action 
clarifies existing regulatory language prohibiting the retention of 
groundfish species taken in the limited entry fixed gear fishery beyond 
the allowable quota. 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

    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.
    This final rule includes several actions that revise regulations 
for commercial fisheries that harvest sablefish. These regulatory 
changes 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. A more detailed description of the fisheries affected by this 
rulemaking, and the major provisions of this action, is contained in 
the June 1, 2016, proposed rule (81 FR 34947).

1. Electronic Fish Ticket Requirement

    This final rule includes a Federal electronic fish ticket submittal 
requirement for all commercial groundfish deliveries 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 
will improve the 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. Electronic fish tickets have been 
required for IFQ species since the start of the Shorebased IFQ Program 
in 2011, and have allowed vessel owners/operators, buyers and dealers, 
and fishery managers timely access to catch information. This final 
rule expands the use of electronic fish tickets to the limited entry 
fixed gear and open access fisheries, and is expected to have similar 
benefits regarding timely access to catch data.

2. Exemption to Limited Entry Sablefish Permit Ownership Limitation

    Regulations (Sec.  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 in the Pacific 
coast sablefish primary fishery. 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. Under the existing 
regulations, Alaska IFQ holders are required to have a partial 
ownership interest in a vessel that fishes for their IFQ. These IFQ 
holders are deemed to hold any Pacific Coast permits with sablefish 
endorsements associated with a vessel in which they have an ownership 
interest. This has resulted in Alaska IFQ holders being ``limited out'' 
in the Pacific Coast sablefish primary fishery, even though they do not 
benefit

[[Page 84421]]

from the permits associated with the vessels in which they have an 
interest. The Council recommended, and NMFS is implementing through 
this final rule, a process by which vessel owners who meet certain 
qualifying criteria may petition NMFS for a limited exemption to the 
ownership limitation, as described in detail in the preamble to the 
proposed rule

3. Joint Registration

    Originally, the license limitation program (LLP), implemented 
through Amendment 6 to the FMP (57 FR 54001, November 16, 1992, see 
also 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, which eliminated the need for temporal separation. 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.'' This final rule implements 
joint registration and clarifies how fishery-specific regulations still 
apply to vessels that are jointly registered. Joint registration is 
permitted in one of two configurations, which are described in 
additional detail in the June 1, 2016, proposed rule (81 FR 34947):
    (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.
    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 and in the June 1, 2016, proposed rule (81 FR 34947).

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) prohibit at-sea processing of groundfish, and also 
list the exemptions that have been granted to date, including an 
exemption from the prohibition of at-sea processing that applies in the 
sablefish primary fishery. As written, those regulations grant vessels 
with an exemption from the prohibition of at-sea processing in the 
sablefish primary fishery when fishing in the Shorebased IFQ Program. 
However, regulations at Sec.  660.25(b)(6)(i) only allow the sablefish 
at-sea processing exemption when the vessel is registered to a 
sablefish-endorsed limited entry permit.
    Currently, because vessels cannot be registered to a sablefish-
endorsed limited entry permit and a trawl-endorsed permit at the same 
time, Shorebased IFQ vessels cannot take advantage of the sablefish at-
sea processing exemption. However, this rule's joint registration 
provisions would allow a vessel 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. Consistent with 
the Council's recommendation, this rule removes 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 is 
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 this rule, NMFS noted that a similar 
situation as the one described above may occur with the exemption from 
the processing-at-sea prohibition for non-whiting groundfish. When a 
vessel with a non-whiting exemption from that prohibition in the 
Shorebased IFQ Program is jointly registered, it could utilize that 
exemption when fishing in non-IFQ fisheries. NMFS proposed a clarifying 
sentence at Sec.  660.25(b)(6)(ii), stating that the exemption only 
applies to processing non-whiting groundfish caught in the Shorebased 
IFQ Program, which is consistent with the Council's recommendation 
under joint registration with regards to the sablefish at-sea 
processing exemption. NMFS requested public comment on this issue, and 
received none. Therefore, the clarifying addition to Sec.  
660.25(b)(6)(ii) is included in this final rule. This final rule 
implements joint registration and does not allow at-sea processing of 
non-whiting groundfish in non-IFQ fisheries, as the exemption was 
granted to vessels participating in the Shorebased IFQ Program.

5. Sablefish Allocations North of 36[hairsp][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). This final rule includes regulations aligning 
sablefish north of 36[deg] N. lat. allocations with the Amendment 6 
allocation structure, as recommended by the Council in 2009, and as 
described in the June 1, 2016 proposed rule (81 FR 34947).

6. Declaration Reports 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 waters, or transit through federal waters 
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 2004 program, NMFS type-approved hardware and software, or 
``units,'' were installed on vessels in

[[Page 84422]]

order to meet these new program requirements for the groundfish 
fishery. 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 
those vessels have never made a declaration report. This final rule 
includes regulation changes at Sec.  660.13(d) that require all vessels 
registered to a VMS unit to submit a declaration report. Vessels 
registered to a VMS unit are required to submit a declaration report, 
regardless of fishing activities. 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. 
This final rule also revises fisher declarations at Sec.  
660.13(d)(5)(iv)(A)(24) to include ``other.'' This category will 
include on-the-water activities that may not be fishing (e.g., 
scientific research activities). NMFS anticipates vessels may make a 
declaration of ``other'' if they are not fishing.

7. Equipment Requirements for Electronic Fish Tickets

    As described in the proposed rule, a new interface has been 
developed that uses the internet for both entry and submission of 
electronic fish ticket data. The changes to regulations at Sec.  
660.15(d) in this rule reflect the move to a web-based electronic fish 
ticket for all first receivers. Note that an internet connection is 
necessary for all steps for completion 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 
is also revised to reflect the web-based form used to send electronic 
fish ticket information to the PSMFC.

8. Prohibitions Regarding ``Take and Retain''

    NMFS is replacing ``taking, retaining'' with ``taking and 
retaining,'' consistent with the Council's recommendations under PCGFMP 
Amendment 14 and described in the 2016 proposed rule. With the 
exception of the sablefish primary fishery, in commercial groundfish 
fisheries vessels may ``take'' more than a single cumulative trip limit 
of a species while fishing for other species, but they may not retain 
any species above its cumulative trip limit. The phrase ``taking, 
retaining'' in this context is not clear. Therefore, 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 revised from ``take, retain'' to ``take and 
retain.''

9. Related Minor Clarifications and Non-Substantive Changes

    There are several outdated regulations, mis-specified cross-
references, inconsistencies in terminology, and areas in need of 
clarification throughout the groundfish regulations that pertain to 
commercial sablefish fishing. For the reasons stated in the proposed 
rule, this rule implements all of the updates, corrections, 
clarifications and non-substantive edits described in the proposed 
rule.

Response to Comments

    During the comment period of the proposed rule, NMFS received two 
comment letters from participants in the fishing industry in support of 
the proposed regulation changes to allow joint registration of trawl 
and non-trawl permits and the limited exemption from ownership 
limitation restrictions. NMFS also received a letter of comment 
regarding VMS equipment requirements on board fishing vessels, which 
are not revised in this rule, are outside the scope of this action, 
and, therefore, are not discussed further here. NMFS addresses other 
comments below:
    Comment 1: Information on an electronic fish ticket will not 
immediately become available to quota managers because the data will 
need to be entered by data entry personnel who do not work over the 
weekend.
    Response: This is an automated system, and availability of 
submitted electronic fish ticket data does not rely on action by system 
administrators. Upon submission of the electronic fish ticket by first 
receivers, catch information is immediately available to vessel 
operators, enforcement, and federal and state fishery managers.
    Comment 2: The time requirement for submitting a fish ticket under 
the new regulation is inconsistent with some California state fish 
ticket and transport ticket regulations.
    Response: California Department of Fish and Wildlife is in the 
process of developing a monitoring system that incorporates electronic 
tickets. While the electronic fish tickets required by this provision 
contain similar information as submitted on state tickets, it does not 
replace or change the state requirements (Sec.  660.11). Furthermore, 
any vessels participating in federal fisheries are subject to federal 
regulations (Sec.  660.2).
    Comment 3: NMFS should acknowledge that interruption of internet 
service, equipment failures, etc. may make electronic fish tickets 
impractical.
    Response: NMFS has implemented a system in which a web browser on 
any electronic device can be used to create and submit electronic fish 
tickets. Therefore, even allowing for possible, temporary interruptions 
in service or equipment problems, 24 hours is deemed an appropriate 
amount of time to complete the fish ticket.
    Comment 4: In some situations, the fish have been both landed and 
transported by the vessel operator, and no paperwork has been completed 
because the fish buyer has not yet taken possession of them.
    Response: The trigger for written documentation of the landing is 
not the point at which the fish buyer or the first receiver takes 
possession of the fish. Written documentation of the fish offloaded 
from a vessel is required once the fish are removed from the vessel. 
Any fish removed from a vessel is considered a ``landing,'' per the 
definition at Sec.  660.11. If the fish removed from the vessel will 
not have an electronic fish ticket submitted prior to transport, the 
fish must be accompanied by a dock ticket (or a transportation ticket 
for vessels landing into California) with the information needed to 
complete the electronic fish ticket, per regulations at Sec. Sec.  
660.213 and 660.313. It is the responsibility of the vessel operator or 
other person taking possession of the fish upon landing to comply with 
the requirements to complete the dock ticket or transportation ticket.
    Comment 5: Regulations for the landing of fish and requirements of 
the new rule will unfairly impact first receivers that are not located 
at a processing plant.
    Response: Regulations implemented in this rule were explicitly 
drafted to address the fact that some first receivers are not located 
at processing plants, by allowing for use of dock tickets. If the first 
receiver is taking possession of fish outside of regular business 
hours, a co-signed dock ticket meets the need for documentation of 
agreement between the first receiver and vessel operator regarding the 
specifics of the landing. The dock ticket must include the electronic 
fish ticket number, which can be generated remotely via any device with 
a web browser and internet connection (e.g., mobile phone), and the 
rest of the fish ticket can be completed and submitted from dock ticket 
data within 24 hours.

[[Page 84423]]

    Comment 6: The requirement of electronic fish tickets will cause 
hardship to first receivers that must purchase and maintain the 
hardware and software needed to submit electronic fish tickets.
    Response: The improved timeliness of catch data will increase the 
ability to manage the fishery to the benefit of all participants, 
offsetting the cost of equipment needed to complete electronic fish 
tickets. The electronic ticket portal is web-based, and can be accessed 
from any electronic device (such as a computer, tablet, or mobile 
phone) with an internet browser, allowing for increased accessibility 
with multiple ways to meet reporting requirements. NMFS notes that 
requirements for electronic fish ticket submission will include the 
ability of first receivers to request a temporary waiver from these 
requirements, enabling them to submit paper tickets on a temporary 
basis. Temporary waivers will be granted on a case-by-case basis by 
NMFS, per regulations at Sec. Sec.  660.213 and 660.313.
    Comment 7: Those responsible for filling out fish tickets may not 
have the training and technical knowledge to do so, and may be assisted 
by fishermen or others as is currently done for paper tickets.
    Response: NMFS is providing a written compliance guide, and PSMFC 
staff will be available to provide training to help ensure that all 
first receivers are able to perform the duties required in this rule. 
See ADDRESSES for details on where to find these materials. Also, even 
though the first receiver must sign the fish ticket, regulations 
implemented in this final rule do not prohibit a first receiver from 
seeking technical assistance from a third party.

Changes From the Proposed Rule

    The electronic fish ticket requirements in the proposed and final 
rule offer a new, more flexible option that allows for vessels fishing 
in the sablefish primary fishery to apportion their sablefish from a 
single landing against multiple tier limits (if the vessel is 
registered to multiple sablefish endorsed permits), or against their 
the remainder of their tier limit(s) and applicable daily trip limits. 
During development of the proposed rule, it was thought that the 
electronic fish ticket system requirements were such that, in these 
situations, separate and distinct electronic fish tickets would need to 
be filled out and submitted for each part of the landing. For example, 
the first ticket for the delivery would document the sablefish pounds 
counting toward ``Permit 13, Tier 2'' and a second ticket for the same 
delivery would document the sablefish pounds counting toward ``Permit 
21, Tier 3.'' Therefore, if a vessel operator chose to apportion their 
sablefish as described above, proposed regulations required multiple 
fish tickets to be filled out. Each fish ticket is estimated to take 
approximately 10 minutes to complete and submit.
    Since publication of the proposed rule, there has been further 
exploration of how to document portions of a single sablefish delivery 
against either multiple tier limits or against both tier limits and DTL 
limits without having to duplicate some of the information by requiring 
submittal of multiple electronic fish tickets. A mechanism has been 
developed that allows catch of sablefish to be apportioned within a 
single electronic fish ticket when a vessel operator wishes to take 
advantage of the flexibility to apportion sablefish catch between 
permits (i.e., among sablefish tiers associated with the permits 
registered for use with the vessel) or between fisheries (i.e., among 
sablefish tiers harvested in the sablefish primary fishery and the DTL 
fishery). Utilizing this updated approach in the electronic fish ticket 
system, the requirement included in the proposed rule at Sec.  
660.213(e)(2)(iii) to submit multiple electronic fish tickets for a 
single delivery is unnecessary.
    Therefore, in this final rule, NMFS is removing the requirement at 
Sec.  660.213(e)(2)(iii) to submit multiple electronic fish tickets 
when a vessel operator wishes to take advantage of the flexibility to 
apportion sablefish catch between permits or between fisheries (as 
described above). This final rule provides vessel operators with the 
same flexibilities and gives fishery managers the same permit and 
landing information as the proposed regulations. However, the 
regulations at Sec.  660.213(e)(2)(iii) in this final rule are 
anticipated to relieve first receivers of some of the recordkeeping and 
reporting burden by slightly reducing the total number of electronic 
fish tickets required. As noted above, it is unknown how many vessel 
operators in the sablefish primary fishery will elect to use this new 
flexibility, therefore it is not possible to estimate exactly how much 
time may be saved by first receivers. However, this change from the 
proposed rule relieves a restriction, and is anticipated to benefit 
vessel operators and first receivers.
    The second change from the proposed rule pertains to the definition 
of ``sablefish landing'' included in that rule at Sec. Sec.  660.211 
and 660.311. The proposed rule would have required electronic fish 
tickets be submitted by first receivers of all the groundfish on board 
the vessel if that groundfish included any amount of sablefish. During 
development of the final rule, it became apparent that given the 
definition of ``sablefish landing'' the proposed rule language could be 
interpreted as requiring a first receiver of fish from a landing that 
included sablefish to submit an electronic fish ticket regardless of 
whether that first receiver was buying any sablefish. If a scenario 
arose where the sablefish landing were divided, all of the sablefish 
were sold to one first receiver, and the rest of the groundfish were 
sold to a second first receiver, the second first receiver, who did not 
take possession of any sablefish, would be required to submit an 
electronic fish ticket for those non-sablefish groundfish species. This 
would be because as proposed, the electronic fish ticket requirement 
would have applied to any ``sablefish landing,'' or any landing that 
includes any amount of sablefish harvested in the limited entry fixed 
gear fishery. ``Landing'' is defined at Sec.  660.11 and means the 
transfer or offloading of fish from any vessel. Once transfer of fish 
begins, all fish aboard the vessel are counted as part of the landing. 
Therefore, all the fish on board the vessel, even if sold to multiple 
first receivers, are all counted as part of the same landing. 
Therefore, a vessel meets the definition of having a ``sablefish 
landing'' when they have any amount of sablefish on board and begins 
the transfer of any fish from the vessel. In the above described 
situation, under proposed electronic fish ticket regulations and the 
definition of ``sablefish landing,'' both of the first receivers of 
fish from the sablefish landing would be required to submit an 
electronic fish ticket, regardless of whether the first receiver is 
taking possession of any amount of sablefish.
    The Council's recommendation was to capture all of the landings of 
sablefish for more accurate and timely accounting of sablefish harvest 
against applicable limits in the limited entry fixed gear and open 
access fisheries. Implementing an electronic fish ticket requirement 
for first receivers of non-sablefish groundfish deliveries was not 
intended and does not meet this purpose. Therefore, the proposed 
definitions of ``sablefish landing'' (as included in the proposed rule 
at Sec. Sec.  660.211 and 660.311) are not included in this final rule.
    Instead, regulations at Sec. Sec.  660.212 and 660.312 are revised 
to clarify that, if the landing is split, only the portion of the 
landing (or a delivery/offload) that

[[Page 84424]]

includes some amount of sablefish must be reported on an electronic 
fish ticket. With this revision, first receivers of a delivery that 
includes any amount of sablefish must report that entire delivery (both 
sablefish and non-sablefish groundfish) on an electronic fish ticket. 
First receivers of a delivery that does not include any sablefish would 
not be required to report via electronic fish ticket. These revisions 
better align with the Council's intent to improve the timeliness of 
sablefish catch data.

Classification

    NMFS has determined that this action is consistent with the FMP, 
the Magnuson Stevens Conservation and Management Act, and other 
applicable laws.
    The Office of Management and Budget (OMB) has determined that this 
action is not significant for purposes of Executive Order 12866.

Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) was prepared and 
incorporates the initial regulatory flexibility analysis (IRFA). A 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action are included 
below. NMFS also prepared a Regulatory Impact Review (RIR) for this 
action. A copy of the RIR/FRFA is available from NMFS (see ADDRESSES). 
A summary of the FRFA, per the requirements of 5 U.S.C. 604(a) follows:
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the US, including fish 
harvesting and fish processing businesses. A business primarily 
involved in finfish harvesting is classified as a small business if it 
is independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $20.5 million for all its affiliated operations 
worldwide (13 CFR part 121; August 17, 2015). For commercial shellfish 
harvesters, the other qualifiers apply and the receipts threshold is 
$5.5 million. For other commercial marine harvesters, for-hire 
businesses, and marinas, the other qualifiers apply and the receipts 
threshold is $7.5 million. A business primarily involved in seafood 
processing is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual employment not in 
excess of 500 employees for all its affiliated operations worldwide. 
For seafood dealers/wholesalers, the other qualifiers apply and the 
employment threshold is 100 employees. A small organization is any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field. Small governmental jurisdictions are 
governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with populations less than 50,000.
    On December 29, 2015, NMFS issued a final rule establishing a small 
business size standard of $11 million in annual gross receipts for all 
businesses primarily engaged in the commercial fishing industry (North 
American Industry Classification System or NAICS 11411) for Regulatory 
Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 
29, 2015). The $11 million standard became effective on July 1, 2016, 
and is to be used in all NMFS rules subject to the RFA after July 1, 
2016, in place of the U.S. SBA standards (described above) of $20.5 
million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), 
shellfish (NAICS 114112), and other marine fishing (NAICS 114119) 
sectors of the U.S. commercial fishing industry.
    Pursuant to the RFA, and prior to July 1, 2016, an initial 
regulatory flexibility analysis was developed for this regulatory 
action using SBA's size standards. NMFS has reviewed the analyses 
prepared for this regulatory action in light of the new size standard. 
All of the harvesting entities directly regulated by this regulatory 
action were considered small under the SBA's size standards, and 
continue to be considered small under the new NMFS standard. Thus, NMFS 
has determined that the new size standard does not affect analyses 
prepared for this regulatory action.
    No significant issues were raised during public comment, and no 
changes were made as a result of public comments.
    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 according to both the SBA 
guidelines and the new NMFS standards described above. This rule is not 
anticipated to have a substantial or significant economic impact on 
small entities, or place small entities at a disadvantage to large 
entities.
    Addition of an exemption to the ownership limitation and joint 
registration are expected to positively benefit directly impacted small 
entities.
    It is assumed that all first receivers have access to a personal 
computer or other hardware/device. However, to reduce the potential 
impacts on first receivers should there be a system failure, a waiver 
may be granted by NMFS that temporarily exempts a first receiver from 
the reporting requirements and allow reasonable time to resolve the 
electronic fish ticket system problem. The duration of the waiver will 
be determined on a case-by-case basis. First receivers that are granted 
a temporary waiver from the requirement to submit electronic fish 
tickets must submit on paper the same data as are required on 
electronic fish tickets within 24 hours of the date received during the 
period that the waiver is in effect.
    Implementation of an electronic fish ticket improves the accuracy 
and timeliness of landing data and provides managers with the real time 
data necessary to do inseason management of the primary and daily trip 
limit (DTL) fisheries. It also provides enforcement with the permit-
specific landings data necessary to monitor overages in the primary 
(tier) and DTL sablefish fisheries, and could aid in enforcement of the 
owner-on-board requirement.
    There are no significant alternatives to the rule that accomplish 
the stated objectives of applicable statutes and that minimize any of 
the significant economic impact of the final rule on small entities. 
However, Section 212 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 states that, for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule. The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide will be sent 
to all limited entry permit owners and holders, and all persons and 
entities that have requested information on groundfish management 
actions (i.e., persons and entities on the West Coast groundfish email 
list serve), and will be posted on the NMFS West Coast Region Web site 
at http://www.westcoast.fisheries.noaa.gov/. With regards to new 
electronic fish ticket requirements, outreach and compliance guidance 
will also be available through the Pacific States Marine Fisheries 
Commission at http://pacfin.psmfc.org/.

Paperwork Reduction Act

    This final rule contains the implementation of a Federal 
requirement for an electronic fish ticket

[[Page 84425]]

to capture essential fishery catch data for commercial non-trawl 
sablefish fisheries (every commercial fishery landing that includes any 
amount of sablefish) in a timely manner, which is a collection-of-
information requirement subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). With regards to electronic fish tickets, 
this requirement has been approved by OMB as a new OMB collection (OMB 
collection 0648-0738). The public reporting burden is estimated to 
average 10 minutes per response. With regards to the ownership 
limitation exemption, this requirement has been approved by OMB as OMB 
collection 0648-0737. The public reporting burden is estimated to be 45 
minutes per response. Send comments on the burden estimates or any 
other aspects of the collection of information to West Coast Region at 
the ADDRESSES above, by email to [email protected], or by 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.
    The PRA (44 U.S.C. 3507) requires that agencies inventory and 
display a current control number assigned by the Director, Office of 
Management and Budget (OMB), for each agency information collection. 
Sec.  902.1(b) identifies the location of NOAA regulations for which 
OMB approval numbers have been issued. Because this final rule adds 
requirements for scale test report recording and maintenance, Sec.  
902.1(b) is revised to reference correctly the section resulting from 
this final rule.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: November 15, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 660 are amended as follows:

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'', revise the entries for ``660.13'', ``660.15'', ``660.17'', 
``660.25'', ``660.113'', and ``660.140'' to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Current OMB  control No.
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:                                     ............................
 
                                * * * * *
  660.13..................................  -0573, -0619, and -0738.
 
                                * * * * *
  660.15..................................  -0619 and -0738.
 
                                * * * * *
  660.17..................................  -0619 and -0738.
 
                                * * * * *
  660.25..................................  -0203, -0620, and -0737.
 
                                * * * * *
  660.113.................................  -0271, -0573, -0618, -0619,
                                             and -0737.
 
                                * * * * *
  660.140.................................  -0593, -0619, -0620, and -
                                             0737.
 
                                * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

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
d. 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

[[Page 84426]]

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, 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 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 (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

[[Page 84427]]

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 landing 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 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 
sablefish primary 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

[[Page 84428]]

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 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

[[Page 84429]]

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. Sec.  
660.11 and 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), 
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. Sec.  660.230(e) and 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 revisions read 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,

[[Page 84430]]

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) and (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 (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:
* * * * *
    (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 in their place the 
words ``Sec.  660.25(b)(4)(vi)''.

0
12. In Sec.  660.212, revise paragraph (a)(2), add paragraphs (a)(3) 
through (5), and revise paragraphs (b) and (d)(1) and (2) to 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 fish, if that fish includes any amount of sablefish, 
away from the point of landing before being 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 fish away from the point of landing).
    (4) Mix fish from more than one landing, where one or more of the 
landings includes any sablefish, prior to the fish being sorted and 
weighed for reporting on an electronic fish ticket under Sec.  
660.213(e).
    (5) Process, sell, or discard any fish, if that fish includes any 
amount of sablefish, that has not been accounted for on an electronic 
fish ticket under Sec.  660.213(e).
    (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
13. 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

[[Page 84431]]

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 fish, if that fish includes any amount of 
sablefish, from a limited entry fixed gear vessel, is responsible for 
compliance with all reporting requirements described in this paragraph. 
Per requirements at Sec.  660.212(a), all fish, if that fish includes 
any amount of sablefish, must be reported via electronic fish ticket. 
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 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) 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) Sablefish from a single landing in the limited entry fixed 
gear sablefish primary fishery may be counted against more than one 
stacked permit, 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, sablefish may be divided 
for the purposes of apportioning the sablefish amongst the remaining 
tier limits associated with each of the stacked permits; in that 
instance the electronic fish ticket(s) must record all pertinent 
limited entry permit numbers and apportion sablefish landed against 
each tier limit. Per regulations at Sec.  660.232(a)(2) a vessel may 
apportion sablefish catch between the remainder of its tier limit(s) 
and against the applicable DTL limits; in that instance the electronic 
fish ticket must be used to apportion sablefish landed against the 
tier(s) from the sablefish landed against cumulative trip limits of the 
DTL fishery. If sablefish is apportioned in either of the ways 
described in this paragraph, the electronic fish ticket must meet the 
process and submittal requirements specified in paragraphs (e)(iv) and 
(v) of this section. In addition, 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 paragraphs (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.

[[Page 84432]]

    (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
14. In Sec.  660.231, revise paragraphs (a), (b)(1) through (3), and 
(b)(4) introductory text to read as follows:


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
15. 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

[[Page 84433]]

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
16. In Sec.  660.312:
0
a. Add paragraphs (a)(3) through (5);
0
b. Redesignate paragraphs (b) and (c) as (c) and (d); and
0
c. Add a new paragraph (b).
    The additions read as follows:


Sec.  660.312   Open access fishery--prohibitions.

* * * * *
    (a) * * *
    (3) Transport fish, if that fish includes any amount of sablefish, 
away from the point of landing before being 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 fish away from the point of landing).
    (4) Mix fish from more than one landing, where one or more of the 
landings includes any amount of sablefish, prior to the fish being 
sorted and weighed for reporting on an electronic fish ticket under 
Sec.  660.313(f).
    (5) Process, sell, or discard any fish if that fish includes any 
amount of sablefish, that has not been accounted for on an electronic 
fish ticket under Sec.  660.313(f).
    (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
17. 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 fish, if that fish includes any amount of 
sablefish, from an open access vessel, is responsible for compliance 
with all reporting requirements described in this paragraph. Per 
requirements at Sec.  660.312(a), all fish, if that fish includes any 
amount of sablefish, must be reported via electronic fish ticket. 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 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

[[Page 84434]]

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 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. 2016-28153 Filed 11-22-16; 8:45 am]
 BILLING CODE 3510-22-P