47348 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980112009–8196–02; I.D.

110697B]

RIN 0648–AK36

Fisheries of the Exclusive Economic

Zone Off Alaska; Revisions to

Recordkeeping and Reporting

Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS revises permiting,

recordkeeping, and reporting

requirements for fisheries of the

Exclusive Economic Zone (EEZ) off

Alaska. The revisions made by this rule

clarify and simplify existing text,

facilitate management of the fisheries,

promote compliance with the

regulations, and facilitate enforcement

efforts. This action is intended to further

the goals and objectives of the Fishery

Management Plan for Groundfish of the

Gulf of Alaska and the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMPs).

DATES: Effective October 5, 1998, except

for §679.5(l)(2)(vi), which contains

information collection requirements that

have not been approved by the Office of

Management and Budget. NMFS will

publish a document in the Federal

Register announcing the effective date.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7228, or

patsy.bearden@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

NMFS manages the groundfish

fisheries in the EEZ off Alaska according

to the FMPs prepared by the North

Pacific Fishery Management Council

(Council) under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), 16 U.S.C.,

1801 et seq. The FMPs are implemented

by regulations at 50 CFR part 679.

General regulations that also pertain to

these fisheries appear in subpart H of 50

CFR part 600.

On February 19, 1998, NMFS

published proposed revisions to several

sections of the implementing

regulations for these FMPs that pertain

to permitting, recordkeeping, and

reporting (63 FR 8389). While some of

the proposed revisions were

substantive, most were technical edits

and clarifications of definitions. Most of

these changes were needed to simplify

the language. A description of these

revisions and their justification are

presented in the preamble to the

proposed rule. Public comment was

invited through March 6, 1998. No

letters of comment were received by the

end of the comment period.

A description of the substantive

changes follows:

ADF&G Fish Tickets. The regulations

require all motherships to submit

ADF&G fish tickets.

Groundfish as bait. This regulation

formalizes a policy into regulations that

has been in effect since 1992 by adding

an exemption from R&R requirements. A

catcher vessel that participates in a crab

fishery and that takes groundfish in

non-groundfish pot gear for use as bait

on board that vessel is not required to

comply with recordkeeping and

reporting requirements if the bait is

neither transferred nor sold.

Product Transfer Report. This

regulation requires that motherships

and shoreside processors receiving

groundfish product documented on a

product transfer report (PTR) for

subsequent reprocessing must record

the resultant reprocessed product in

their DCPL to fully account for

groundfish product inventory and report

the reprocessed product to NMFS on a

WPR. The submittal deadline for the

PTR is revised.

Logsheet Maintenance and Storage.

The final rule revises the logsheet

submittal instructions to indicate that

the logbooks must now be submitted to

NOAA Enforcement Division in Juneau,

AK, and to indicate the new address in

the regulations.

Although no written comments on the

proposed rule were received, many oral

comments were received by NMFS staff

during recordkeeping and reporting

discussions at two meetings and two

workshops held in Seattle, WA, and in

Anchorage, AK. These comments

pointed out the need for additional

nonsubstantive changes to the

regulations, which have been

incorporated in the final rule. Those

comments that recommended

substantive changes will be included in

the 1999 recordkeeping and reporting

proposed rule, as appropriate (e.g., how

to document ‘‘pumping’’ of fish;

develop a new discard category for

adulterated fish; develop secondary

product code level that defines

condition of end product (i.e., frozen

blocks, grades of surimi), add

community development quota (CDQ)

delivery number to logbooks, and

develop combined NMFS/International

Pacific Halibut Commission (IPHC)

logbook for fixed gear).

Changes to the Final Rule From the

Proposed Rule

The final rule includes the following

changes from the proposed rule.

Figures

Figure 14, Scallop Registration Areas,

is removed in compliance with 63 FR

38501 published July 27, 1998, which

removed scallops off Alaska from

Federal management. Figures 15 and 16

are designated as Figures 14 and 15,

respectively.

Catcher Vessel Operating Area (CVOA)

Figures 2 and 9 to part 679 are revised

to correct an error that occurred in the

printing of the coordinates for the

CVOA. These coordinates are corrected

from ‘‘168°’’ to read ‘‘167°30′.’’

Chinook Salmon Savings Area of the

CVOA

Figure 8a to part 679 is revised to add

numbers to the three separate salmon

savings areas to clarify the coordinates

presented in Figure 8b to part 679.

Tables

Table 1—Product codes. NMFS

continues to strive for standard

definitions of species and product codes

with ADF&G for simplicity of recording

by the fishing industry and for

comparisons and summaries of the

agencies’ databases. Table 1 to part 679

is revised as follows:

Product code 02. The definition of

code 02 is revised to read: ‘‘Whole fish/

bait. Processed for bait. Sold.’’

Product code 92. Code 92 is revised

to read: ‘‘Whole fish/onboard bait.

Whole fish used as bait on board vessel.

Not sold.’’

Product code 32. The definition of

code 32 is clarified to read ‘‘Fish meal.

Meal from whole fish or fish parts;

includes bone meal.’’ Product code 32

may be either a primary or ancillary

product and is used when meal is

created from whole fish or fish

byproducts by an onsite processor. The

distinction between meal made from

whole fish or fish parts under code 32

is indicated through the use of product

designations A, meaning ancillary

(made from parts) or P, meaning

primary (made from whole fish).

Product code 33. The definition of

code 33 is clarified to read: ‘‘Fish oil.

Rendered oil from whole fish or fish

parts.’’

Product codes 41 and M99. Paragraph

679.5(g)(1)(ii) and Table 1 to part 679
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47349

are revised to remove code M99 and to

replace it with a new product code 41,

‘‘whole fish destined for offsite fish

meal production.’’ The ADF&G fish

ticket data base is set up to use 2-digit

numeric codes and cannot use M99.

Code M99 originally was set up by

NMFS for use by shoreside processors

in Kodiak, AK, that transferred product

to the meal plant in Kodiak. Since the

implementation of the increased

retention/increased utilization program

(IR/IU), motherships and catcher/

processors, as well as other shoreside

processors, are transferring product to

offsite facilities for meal production in

locations other than Kodiak, and a new

code is needed to describe this activity.

Product code 86. The title of code 86

is revised from ‘‘Donated salmon’’ to

‘‘Donated prohibited species,’’ and the

definition is revised to read: ‘‘Pacific

salmon or Pacific halibut, otherwise

required to be discarded, that is donated

to charity under a NMFS-authorized

program.’’ This change is necessary to

accommodate the addition by NMFS of

a halibut donation program and other

future programs.

Product codes 94 and 95. Code 94,

currently used for consumption of fish,

is eliminated. Code 95 is added to read

‘‘Whole fish/personal use, consumption.

Fish or fish products eaten on board or

taken off the vessel for personal use. Not

sold or utilized as bait.’’ Historically,

NMFS used code 95 to mean discards

made by a shoreside processor after

receipt of groundfish from a catcher

vessel but prior to production. This

discard procedure was later

incorporated into code 99 to mean

discard at any time by a shoreside

processor, and code 95 was not used by

NMFS for several years.

ADF&G historically used code 95 to

mean personal consumption of fish but

NMFS used code 94 to mean personal

consumption of fish. Because the use of

the two codes to mean the same

procedure caused confusion within the

fishing industry, NMFS adopts ADF&G’s

use of code 95 to mean personal

consumption of fish.

Product code 99. The definition of

code 99 is clarified to read ‘‘Discard,

onshore. Discard after delivery and

before processing by Shoreside

Processors and Buying Stations

delivering to Shoreside Processors and

in-plant discard of whole groundfish

and prohibited species during

processing.’’

Product Designation R. The definition

of product designation R is revised in

Table 1 to part 679 to include not only

product that is reprocessed, but also

product that is rehandled. Rehandled

product is fish that is not processed but

is handled in some manner before

shipment, such as packed in totes of ice.

Reorder codes. Table 1 to part 679 is

revised by reordering the placement of

codes so that codes describing whole

fish are grouped together. An instructive

note is added to this grouping to

indicate that round weights must be

recorded for these codes rather than

product weight.

Table 2—Species codes. Table 2 to

part 679 is updated to include the Latin

family names (codes 207, 208, 210, 511,

516, 772, 774) and one order name (code

800) for the species identified as forage

fish in a final rule published in the

Federal Register (63 FR 13009, March

17, 1998).

Species code 135 is corrected from

‘‘greenstripe rockfish’’ to read

‘‘greenstriped rockfish,’’ which is the

correct common name for this species as

used in the specifications, fishery

management plans, and fish reference

books.

Table 3—Product recovery rates for

groundfish species and conversion rates

for Pacific halibut. The footnotes of

Table 3 to part 679 are updated

regarding removal of black rockfish and

blue rockfish from Gulf of Alaska (GOA)

FMP management, as published in the

Federal Register (63 FR 11167, March 6,

1998).

Alignment for the row containing

FMP species, Bering Sea & Aleutian

Islands Area (BSAI) Greenland turbot, is

corrected. Starting with species code

134, values for columns 1 through 12

move left one column.

Alignment for the row containing

FMP species, BSAI Yellowfin sole, is

corrected. Values for columns 21

through 31 move left one column.

The title for column 1 is revised from

‘‘Whole food fish 1’’ to read ‘‘Whole fish

1, 2, 41, 92, and 94,’’ and column 2 is

removed. All of the codes in revised

column 1 describe whole fish product

with the same product recovery rate

(PRR) value. The different codes

describe different uses of the whole fish

product. Additionally, codes 92 and 94,

describing discard codes, are removed

from the last column and added to

column 1 because these codes describe

product rather than discards. Code M99

is removed from the last column

because this code is replaced with code

41. Code 41 is added to column 1

because it is a whole fish product. Due

to these revisions, the last column,

‘‘Discards,’’ includes only codes 98 and

99—whole fish discards.

Regulatory text published in the

Federal Register (62 FR 60667,

November 12, 1997) introduced ice and

slime values for product codes 5, 51, 54,

55, 57, and 58; however, codes 05 and

55 were inadvertently omitted from

Table 3 to part 679 in that rule. The

recordkeeping and reporting proposed

rule included those codes in Table 3 to

part 679. NMFS did approve the ice and

slime values for product codes 05 and

55 and this final rule corrects their

omission from Table 3 to part 679.

Alignment for the row containing

FMP species, Skates, is corrected.

Values for columns 7 and 12 move right

one column.

Values for FMP species under column

14, Roe, are added. These values were

inadvertently omitted from the

proposed rule but were previously

established by other final rules. A value

of 0.08 is added for FMP species 118,

119, 120, 122, 123, 125, 127, and 134.

A footnote is added to explain that the

product weight of groundfish is divided

by a PRR to obtain round weight, and

the round weight of halibut is

multiplied by the conversion rate to

obtain product weight.

Table 7—Communities determined to

be eligible to apply for community

development quotas. Table 7 to part 679

is revised to correct the spelling of a

community from ‘‘Ugashi’’ to

‘‘Ugashik.’’

Tables 10 and 11—Current GOA

retainable percentages and current BSAI

retainable percentages. Tables 10 and 11

to part 679 are updated to include

changes published in the Federal

Register (63 FR 13009, March 17, 1998)

that add ‘‘aggregate forage fish’’ species

as a bycatch species.

Table 10 to part 679 is updated to

include changes to the footnotes

regarding rockfish published in the

Federal Register (63 FR 11167, March 6,

1998).

Table 11 to part 679 is updated to

include the addition of shortraker/

rougheye rockfish in the Aleutian

Islands as a bycatch species published

in the Federal Register (63 FR 15334,

March 31, 1998).

Reporting Areas

COBLZ or RKCSA area. Paragraphs at

§679.5(a) are revised to clarify recording

requirements for C. opilio Bycatch

Limitation Zone (COBLZ) or Red King

Crab Savings Area (RKCSA) entries:

Paragraph (a)(7)(v)(B) is revised to

include a cross reference to Figures 1

and 3 to part 679, which describe

reporting areas of the GOA and BSAI.

Paragraph (a)(7)(v)(B)(1) is added to

clarify what must be reported when a

haul or set occurs in more than one

reporting area. Paragraph (a)(7)(v)(B)(1)

is redesignated and revised by dividing

the two sentences of the paragraph into

paragraphs (a)(7)(v)(B)(2) and

(a)(7)(v)(B)(2)(i);
47350 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

Paragraph (a)(7)(v)(B)(2)(ii) is added to

clarify instructions on recording the

COBLZ or RKCSA areas on a WPR.

Paragraph (a)(7)(v)(B)(2) is

redesignated as (3) and revised to clarify

instructions on recording the COBLZ or

RKCSA areas on a check-in/check-out

report.

Because the COBLZ and RKCSA areas

instructions are very detailed in

paragraph (a)(7), redundant text was

removed from paragraphs (a)(8)(i),

(a)(9)(i), and (a)(10)(i)(A).

Recording Weight

Paragraphs at §679.5 are revised to

clarify recording requirements for

weight information:

Paragraph (a)(6)(iii)(H) is removed as

redundant, since weight reporting

information is found at (a)(8)(i)(B),

(8)(ii)(A) and (B), (9)(i)(B), (9)(ii)(A) and

(B), (10)(i)(B), and (10)(ii)(A) through

(D).

Paragraphs (a)(8)(ii)(A), (a)(9)(ii)(A),

and (a)(10)(ii)(A) are revised to clarify

that the accuracy required for reporting

is to the nearest pound (lb) and that the

appropriate units of weight must be

indicated with a check mark in the

appropriate box whether records are in

lb or in metric tons.

Paragraphs (c)(2)(i)(A) and (ii)(A) are

revised to synchronize the estimate of

total catch weight of groundfish

between the regulatory text and the

logbooks.

Paragraph (g)(3)(iii)(E) is revised to

add a cross reference to paragraph

679.5(a)(9)(i).

Definitions—Section 679.2

Added Definitions. Definitions are

added for the terms, ‘‘Primary product,’’

‘‘Reprocessed or rehandled product,’’

and ‘‘Unsorted codend.’’

Revised Definitions. The definition for

the term ‘‘Fishing trip’’ is revised by

adding titles to definition paragraphs

(1), (2), and (3); and by revising text of

paragraph (3) by changing the words

‘‘part E’’ to read ‘‘subpart E.’’

The term ‘‘Transfer’’ is revised to

clarify two uses of the term: For

purposes of groundfish fisheries of the

GOA and BSAI and for purposes of the

IFQ/CDQ fisheries.

Removed Definition. The definition

for ‘‘Processor’’ is removed because this

term is a vestige of the Observer

Research Plan, not applicable for other

regulatory uses, and confusing to the

industry.

Applicability, Federal Fisheries

Permit—Section 679.5(a)(1)

The paragraph title ‘‘Exemption for

vessels less than 60 ft LOA’’ is added to

paragraph (a)(1)(iii) for format

consistency because the other

exemption under this paragraph was

given a title in the proposed rule.

Paragraph (a)(1)(iv)(D) is removed as

not applicable to Federal regulations.

Responsibility—Section 679.5(a)(3)

Paragraph (a)(3)(iii) is revised to

clarify a requirement that the logbook be

signed by noon of the day following the

week-ending date of the weekly

reporting period.

Participant Identification Information—

Section 679.5(a)(5)

Paragraph (a)(5)(v) is removed since

the information ‘‘geographic location of

operations’’ is no longer required.

Paragraphs (a)(5)(vi) through (viii) are

redesignated as (a)(5)(v) through (vii).

Redesignated paragraph (a)(5)(vi) is

revised to clarify the recording of

representative information on logbooks

and forms.

Maintenance of Records—Section

679.5(a)(6)

Duplication occurred often in the

current regulatory text of paragraphs

(a)(7), (a)(8), and (a)(9). To avoid the

confusion that often results from

duplication, several paragraphs are

removed or revised for economy of

space.

Page numbering. Paragraph

(a)(6)(iii)(A) is revised to include

instructions on numbering pages

through two or more logbooks per year.

Page numbers are to be consecutive

from one logbook to the next, so the new

logbook will start with the page number

that follows consecutively the last page

number of the first logbook.

Date. Paragraph (a)(6)(iii)(B) is revised

to combine the text of four paragraphs

concerning catcher vessel and shoreside

processor date information in two

different locations on the logsheet.

Processor type. Paragraph (a)(6)(iii)(I)

is removed as redundant, because

processor type information is required

at paragraph (h)(3)(i)(E) for a mothership

or catcher/processor check-in/check-out

report, at paragraph (i)(3) for the WPR,

and at paragraph (j)(4) for the daily

production report (DPR).

Reporting area. Paragraph (a)(6)(iii)(E)

is removed as redundant because

reporting area information is required at

paragraph (a)(7)(v)(B).

Species codes. Paragraph (a)(6)(iii)(F)

is removed as redundant because

species code information is required at

paragraphs (a)(8)(i)(A), (a)(9)(i)(A), and

(a)(10)(i)(A).

Original/revised report. Paragraph

(a)(6)(iii)(G) is redesignated as

paragraph (a)(6)(iii)(E) because current

paragraphs (E) and (F) are removed for

the reasons stated above. Newly

designated paragraph (a)(6)(iii)(E) is

revised to exempt the DFL, DCL, or

DCPL, since these logbooks do not have

this data requirement.

Active and Inactive Periods—Section

679.5(a)(7)

Paragraph (a)(7) is reconstructed to

integrate regulatory text from several

sections into this one section, to group

similar topics together, to remove

duplicate text, to add paragraph titles

for visual clarity, and to create format

consistency in regulatory text in order to

increase readability.

Paragraph titles are added to

paragraphs (a)(7)(i) through (7)(vi) and

(a)(7)(v)(A) through (E).

Paragraphs (a)(7)(i), (iii), (iv), and

(vi)(A) through (D) are revised to specify

the requirement is for entries in the

DFL, DCL, and DCPL.

Paragraph (a)(7)(v)(C) is revised to

clarify the requirement to record

number of observers.

Inactive period. Paragraph (a)(14)(i)(B)

is redesignated as paragraph

(a)(7)(iii)(B), and paragraph (a)(7)(iii) is

now paragraph (a)(7)(iii)(A).

Gear type. Paragraph (a)(7)(v)(A)(2) is

revised to be consistent in format with

the other paragraphs of this section.

Paragraph (a)(7)(v)(A)(4) is revised to

incorporate requirements for both a

catcher/processor and a mothership

when more than one gear type is used

to harvest groundfish in the same

reporting area.

A new paragraph (a)(7)(v)(A)(5) is

added to clarify that a shoreside

processor can use the gear type ‘‘PTR

TRANSFER’’ in the DCPL, but cannot

record this gear type in a WPR.

Delivery information. Paragraph

(a)(7)(v)(F), which describes buying

station delivery information, is

redesignated as (a)(15)(x) and revised to

remove duplicate text.

Active, no fishing activity. Paragraph

(a)(7)(vi) is redesignated as paragraph

(a)(7)(vi)(A), and a paragraph title is

added. Paragraphs (a)(7)(vii) through

(ix) are redesignated as (a)(7)(vi)(B)

through (D), and paragraph titles are

added.

Landings Information—Section

679.5(a)(8)

Paragraph titles are added to

paragraphs (a)(8)(i) and (a)(8)(ii).

Paragraph (a)(8)(i) is redesignated as

paragraph (a)(8)(i)(A).

Paragraphs (i)(3)(ii) and (j)(4)(ii) are

combined and redesignated as

paragraph (a)(8)(i)(B) to clarify

requirements for reporting landings on a

WPR and DPR.
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47351

Paragraph (a)(8)(iii), which provides

requirements for reporting ‘‘no

landings,’’ is redesignated as (a)(8)(i)(C).

Introductory paragraph (a)(8) is

redesignated as introductory paragraph

(a)(8)(i).

Paragraph (a)(8)(ii) is revised to

remove time-limit language that is

required at paragraph (f)(2).

Paragraph (a)(8)(ii)(A) is revised to

clarify that daily landings, if recorded in

lb, must be recorded to the nearest lb,

or to at least the nearest 0.001 mt, and

to indicate with a check mark in the

appropriate box whether records are in

lbs or in metric tons.

Paragraph (a)(8)(ii)(B) is removed,

because the format of the shoreside

processor DCPL currently allows for

records for one weekly reporting period

to appear on one page, if all factors are

the same.

Paragraph (a)(8)(ii)(C) is revised to

clarify calculation requirements and is

redesignated as paragraph (a)(9)(ii)(B).

Paragraph titles are added to

paragraphs (a)(8)(ii)(A) and (B).

Product Information—Section

679.5(a)(9)

Paragraph (a)(9)(i) is redesignated as

(a)(9)(i)(A) and is revised by removing

the text ‘‘whether in Alaska State waters

or Federal waters’’ and by adding the

text ‘‘COBLZ or RKCSA area if

applicable under paragraph (a)(7)(v)(B)

of this section.’’

Introductory paragraph (a)(9) is

redesignated as (a)(9)(i) and is revised.

The words ‘‘where required’’ are

removed because the paragraph is

reorganized so that each paragraph

addresses a separate requirement.

Paragraphs (g)(3)(iii)(E), (i)(3)(iv) and

(j)(4)(iii) are combined and redesignated

as paragraph (a)(9)(i)(B) to clarify

requirements for reporting product

information on a WPR or DPR or

products shipped or received on a PTR.

Paragraph (a)(9)(ii) is redesignated as

(a)(9)(ii)(A).

A new introductory paragraph

(a)(9)(ii) is added.

Paragraph (a)(9)(v), which provides

requirements for reporting ‘‘no

production,’’ is redesignated as

(a)(9)(i)(C).

Paragraph (a)(9)(iii) is redesignated as

(a)(9)(ii)(B) and revised to clarify

calculation of cumulative total weight.

Paragraph (a)(9)(iv) is redesignated as

(a)(9)(iii).

Discard or Donate Information—Section

679.5(a)(10)

Introductory paragraph (a)(10) is

added.

Paragraph (a)(10)(i)(A) is revised to

include a cross reference to prohibited

species information.

Paragraph (a)(10)(i)(B), which

provides requirements for reporting no

discards or donations, is redesignated as

(a)(10)(i)(C).

A new paragraph (a)(10)(i)(B) is

added, which incorporates various

regulatory requirements for reporting

discards or donations on a WPR or DPR

that also appear in the logbook

instruction manuals and on the WPR

and DPR.

Paragraph (a)(10)(ii)(A) is

incorporated into (c) introductory

paragraph.

Paragraph (a)(10)(ii)(B) is redesignated

as (c)(6)(i).

Paragraph (a)(10)(ii)(C) is redesignated

as (c)(6)(ii).

Paragraphs (a)(10)(i)(C)(1) through (3)

are redesignated as (a)(10)(ii)(A) through

(C).

Paragraphs (a)(10)(ii)(A) and (B) are

revised to emphasize discard or

donation weight accuracy requirements

and to clarify that the cumulative

summaries for the weekly reporting

period are to be by species, reporting

area, gear type, COBLZ or RKCSA area

if applicable, and CDQ number. Also the

instruction to make a check mark in the

box to indicate lb or metric tons is

added from the instructions on the

logsheets.

Paragraph (a)(10)(i)(C)(4) is

redesignated as (a)(10)(ii)(D).

Paragraph titles are added to

(a)(10)(ii)(A) through (D).

Paragraph (a)(10)(iii)(B) is removed as

redundant, since the same information

is found at (d)(2)(ii).

Paragraph (a)(10)(iii)(C) is

redesignated as (d)(2)(ii)(B), which

presents time limits for submittal of the

blue discard DFL copy and is clarified.

Paragraph (a)(10)(iv) is removed as

redundant since the same information is

found at (c)(2)(ii)(B).

Paragraph (a)(10)(v)(A) is removed as

redundant since the same information is

found at (e)(1)(ii).

Paragraph (a)(10)(v)(B) is removed as

redundant since the same information is

found at (a)(10)(ii).

Paragraphs (a)(10)(v)(C) through (E)

are redesignated as (e)(2)(iii)(A) through

(C) and (f)(2)(iii)(A) through (C).

Contract processing—Section

679.5(a)(11)

Paragraph (a)(11) is revised to require

that either a fisheries permit or a

processor permit number must be

recorded rather than both and to add

notations that a WPR or DPR are

maintained in the same manner as the

DCPLs.

The information contained in

paragraph (a)(11)(ii) is integrated into

(a)(11)(i)(A) and (B), and paragraph

(a)(11)(ii) is removed.

Submittal, Retention, and Distribution

of Logbooks and Forms—Section

679.5(a)(14)

In response to industry’s, U.S. Coast

Guard’s, and NMFS Enforcement’s

requests for a simpler procedure for

logbook distribution requirements,

paragraph (a)(14) is revised to

consolidate materials from paragraphs

(a)(14), (a)(15), and (a)(16) and from

several other sections of the regulations.

This consolidation provides instructions

on logbook and forms submittal, records

retention, and integration of buying

station records. In addition, duplicate

text is removed from the regulations.

Paragraphs (a)(15) and (a)(16) are

removed.

The titles of paragraphs (a)(14) and

(a)(14)(i) are revised to change the

words ‘‘reports and forms’’ to read

‘‘forms,’’ because there are no reports

due to NMFS other than forms.

Descriptions of logbooks are added

and a requirement is revised to clarify

that, if a catcher vessel delivers an

unsorted codend, the catcher vessel’s

blue DFL copy should be removed from

the logbook and discarded.

Delivery Information—Buying Station,

Mothership, and Shoreside Processor—

Section 679.5(a)(15)

In response to requests for a simpler

procedure for delivery information

requirements, a new paragraph (a)(15) is

added to consolidate delivery

information requirements for buying

stations, motherships, and shoreside

processors by combining delivery text

from (d)(2)(ii)—buying station, (e)(2)—

mothership, and (f)(2)—shoreside

processor. Additionally, redundant text

is removed from the regulations, and

paragraph (a)(15)(ii) is added to clarify

documentation requirements for transfer

of groundfish products between

processors.

Catcher Vessel DFL and Catcher/

Processor DCPL—Section 679.5(c)

Introductory paragraph (c) is added.

The titles of paragraphs (c)(2)(i) and

(c)(2)(ii) are revised to add references to

DFL and DCPL, respectively.

Paragraph (c)(2)(i)(D) is revised to

change the cross reference to a discard

exemption paragraph from (a)(10)(ii)(B)

to (c)(6)(i).

Paragraph (c)(5) is revised to specify

that the requirements in this paragraph

are for vessels using fixed gear.

Paragraphs (c)(5)(i) and (ii) are revised

to clarify that IFQ information is

recorded in the DFL in two categories:

(1) identification of permits and (2)

landings.

Paragraph (c)(6) is added,

incorporating information from
47352 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

paragraph (a)(10) and is clarified to

indicate that the blue DFL copy should

be removed and discarded if catcher

vessel delivery is an unsorted codend.

Buying Station DCL—Section 679.5(d)

Paragraphs (d)(2)(i) and (ii) are

incorporated into paragraph (a)(15).

Paragraph (d)(1) is redesignated as

(d)(2).

Paragraph (d)(1)(i) is redesignated as

(d)(2)(i) and is revised to simplify

regulatory language regarding delivery

information.

Paragraph (d)(1)(ii) is split and

redesignated as (d)(2)(ii), incorporating

language regarding discard or donation

time-limit information, and as (d)(2)(iii)

incorporating time-limit language

regarding recording of all other

information.

New paragraph (d)(2)(ii) is revised to

incorporate discard or donation

information found in paragraph

(a)(10)(iii) and in the 1998 instruction

manual.

A new paragraph (d)(1) is added to

provide recording requirements for

discard or donation information specific

to a buying station, formerly paragraph

(a)(10)(iii)(A).

Mothership DCPL—Section 679.59(e)

Paragraph (e)(2) is incorporated into

(a)(15).

Paragraph (e)(1) is redesignated as

(e)(2).

A new paragraph (e)(1) is added to

attain structural uniformity with other

sections of the regulations and to

incorporate discard or donation

recording requirements specific to a

mothership found in paragraph

(a)(10)(v).

Redesignated paragraph (e)(2)(i) is

revised to provide an exemption from

recording IR/IU species information in

logbooks within the time limit of 2

hours after receipt of each groundfish

delivery. This time limit was not

intended to apply to these species, but,

by placement in the logbook format, the

IR/IU was unintentionally included in

the 2-hour time limit.

Redesignated paragraph (e)(2)(ii) is

revised to incorporate a time limit for

recording product information formerly

found in paragraph (a)(9)(ii).

Paragraph (e)(2)(iii) is added to

incorporate a time limit for recording

discard or donation information

formerly found in paragraphs

(a)(10)(v)(A) and (a)(16)(iv) and to

clarify the existing intention that

catcher vessel and buying station

discard or donation information be

incorporated into the mothership DCPL

within existing time limits.

Paragraph (e)(2)(iv) is added to

incorporate a time limit for recording all

other information formerly found in

paragraph (e)(1)(ii).

Shoreside Processor DCPL—Section

679.5(f)

Paragraph (f)(2)(i) is incorporated into

(a)(15).

Paragraph (f)(1) is redesignated as

(f)(2), and an introductory paragraph is

added.

Paragraphs (f)(1)(i) and (ii) are

redesignated as (f)(2)(i) and (ii),

respectively, and redesignated

paragraph (f)(2)(ii) is revised to separate

recording requirements for discard or

donation information specific to a

shoreside processor that was formerly

found in paragraphs (a)(8)(ii), (a)(9)(ii),

and (f)(1)(ii).

Paragraph (f)(2)(iii) is added to

incorporate a time limit for recording

discard or donation information that

was formerly found in paragraphs

(f)(1)(ii), (a)(10)(v)(A), and (a)(16)(iv)

and to clarify the existing intention that

catcher vessel and buying station

discard or donation information be

incorporated into the shoreside

processor DCPL within existing time

limits.

Paragraph (f)(2)(iv) is added to

incorporate a time limit for recording all

other information formerly found in

paragraph (f)(1)(ii).

Product Transfer Report (PTR)—Section

679.5(g)

Paragraph (g)(1)(i) is redesignated as

(g)(1) and is revised to clarify that a PTR

is required for transfer of donated

prohibited species and to reference

existing exemptions to the PTR

requirement.

Paragraphs (g)(1)(ii) and (iii) are

redesignated as (g)(1)(i) and (ii),

respectively.

Redesignated paragraph (g)(1)(i) is

revised to replace code M99 (defined as

‘‘discard, offsite transfer. Discarded fish

that are transferred to any offsite facility

for reduction to fish meal or fish oil’’)

with code 41 (defined as ‘‘whole fish/

destined for offsite fish meal

production’’). Paragraph (g)(1)(i) is

further revised to clarify that a PTR is

not required for transfer of code 41

groundfish products or of code 99

discards.

Paragraph (g)(1) is revised to clarify

and simplify PTR requirements and to

remove the requirement for completion

of one PTR for each transfer of

groundfish in the specific cases of daily

aggregated bait sales (paragraph

(g)(1)(ii)) and daily aggregated over-thecounter sales for human consumption

(paragraph (g)(1)(iii)). This removal of

the requirement is accompanied by

revision or addition of the following

paragraphs that address the recording of

aggregated bait transfer or over-thecounter sales on a PTR: (g)(3)(ii)(C)(2)

and (3) to integrate specific

requirements for recording ‘‘agent;’’

(g)(3)(ii)(D)(4) and (5) to integrate

specific requirements for recording

‘‘intended first destination;’’

(g)(3)(ii)(E)(1)(i) and (ii) and

(g)(3)(ii)(E)(2)(iv) and (v) to include

former paragraph (g)(1)(iii) for recording

start and finish ‘‘date and time of

product transfer.’’

Paragraph (g)(1)(iv) is added to

remove the requirement for completion

of a PTR for each transfer of IFQ or CDQ

sablefish in the specific case of a

processor operator or manager that is

also an IFQ registered buyer. This

change relieves a duplicate reporting

burden.

Paragraph (g)(2)(iii) is added to clarify

that a PTR copy does not accompany a

groundfish shipment or an offload.

Paragraph (g)(3)(i) is revised to

achieve uniform paragraph structure

within the regulations and to include

cross references to paragraphs 679.5(a)

and (b).

Paragraphs (g)(3)(i)(A) and (D) are

removed, since this information has

been included in paragraphs

(a)(6)(iii)(E) and (a)(5)(vi), respectively.

Paragraphs (g)(3)(i)(B), (C), and (E) are

redesignated as (g)(3)(i)(A) through (C),

respectively.

Paragraph (g)(3)(i)(C) is revised to

remove reference to participation

information found at paragraph (a)(5).

Paragraph (g)(3)(ii)(C) is revised to

remove ‘‘transport company’’ from the

definition of the term ‘‘Agent’’ so that

the term refers only to ‘‘buyer or

distributor.’’ This change allows NMFS

to determine the name of the processor

or the buying station receiving the

shipment.

Paragraphs (g)(3)(ii)(E)(1) and (2) are

revised to add a cross reference to

exceptions.

A title is added to paragraphs

(g)(3)(ii)(E)(1) through (3) for clarity and

uniform paragraph structure.

Paragraph (g)(3)(ii)(E)(2)(ii) is revised

to add the words ‘‘of the day’’ between

‘‘truck’’ and ‘‘leaves.’’

Paragraph (g)(3)(ii)(E)(2)(iii) is revised

to remove a cross reference to paragraph

(a)(6)(iii).

Paragraph (g)(3)(ii)(F) is revised to

require that ‘‘position coordinates’’ be

more accurately defined in terms of

latitude and longitude in degrees and

minutes as stated in the instruction

manual.
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47353

Check-in/Check-out Report—Section

679.5(h)

Paragraphs (h)(2)(i)(B)(i) and (ii) and

(h)(2)(ii)(B)(i) and (ii) are redesignated

as (h)(2)(i)(B)(1) and (2) and

(h)(2)(ii)(B)(1) and (2), respectively, to

correct paragraph designations.

Paragraphs (h)(3)(i)(A)(5) and

(h)(3)(i)(B)(5) are added to request

processor type. This information was

formerly included in paragraph

(h)(3)(i)(D) before the proposed rule

revisions.

The terms ‘‘date,’’ ‘‘time,’’ and

‘‘position coordinates’’ are removed

throughout § 679.5(h), and the terms

‘‘date (month-day-year),’’ ‘‘time (to the

nearest hour, A.l.t.),’’ and ‘‘latitude and

longitude of position in degrees and

minutes’’ are added to clarify these

terms.

Weekly Production Report—Section

679.5(i)

Paragraph (i)(3) is revised to reformat

the paragraph and to request processor

type. This information was formerly

included in paragraph (i)(3)(i)(D) before

the proposed rule revisions.

Paragraphs (i)(3)(ii) through (iv) are

consolidated, respectively, into

paragraphs (a)(8) through (10).

Paragraph (i)(3)(v) is consolidated into

paragraph (a)(15).

Daily Production Report—Section

679.5(j)

Paragraph (j)(4) is revised to request

processor type.

Paragraphs (j)(4)(i) through (iii) are

consolidated into paragraphs (a)(8)

through (10), respectively.

U.S. Vessel Activity Report—Section

679.5(k)

Paragraphs (k)(2)(i)(A) through (C) are

consolidated, respectively, into

paragraphs (a)(6)(iii)(E), (a)(5), and

(a)(5)(vi).

The requirement, formerly at

paragraph (k)(2)(i)(C), for recording the

date the VAR was completed is removed

because this no longer appears on the

VAR.

Paragraphs (k)(2)(i)(D) through (I) are

redesignated as (k)(2)(i)(A) through (F).

A sentence is added at the end of both

redesignated paragraphs (k)(2)(i)(A) and

(B) to clarify the terms ‘‘return’’ and

‘‘depart,’’ respectively.

Redesignated paragraph (k)(2)(i)(C) is

revised to clarify the recording of ‘‘port

of landing.’’

Redesignated paragraph (k)(2)(i)(E) is

revised to clarify that the time is

recorded in Greenwich mean time.

Redesignated paragraph (k)(2)(i)(F) is

revised to clarify the recording of

latitude and longitude of position.

IFQ Recordkeeping and Reporting

Requirements—Section 679.5(l)

This section is reorganized to clarify

the requirements.

The term that means NMFS

Enforcement Division, Alaska Region in

Juneau, Alaska, is standardized to read

‘‘NMFS Enforcement, Juneau,’’

wherever it appears.

Some requirements on the back of the

Registered Buyer Permit that were

referred to in regulations are moved into

regulatory text.

Introductory paragraph (l) is revised

by adding types of reports discussed in

the section.

The title to paragraph (l)(1) is revised

to read ‘‘Prior Notice of IFQ Landing.’’

The title of paragraph (l)(1)(i) is

revised to read ‘‘Applicability.’’

Paragraph (l)(1)(i)(A) is redesignated

as (l)(1)(ii), the title ‘‘time limits’’ is

added; and the word ‘‘notification’’ is

replaced with ‘‘prior notice.’’

Paragraph (l)(1)(i)(B) is redesignated

as (l)(1)(iii), the title ‘‘information

required’’ is added; the word

‘‘notification’’ is replaced with ‘‘prior

notice’’; and the words ‘‘to whom the

IFQ halibut or IFQ sablefish will be

landed’’ are replaced with ‘‘who will be

responsible for completion and

submission of the IFQ landing

report(s).’’

Paragraph (l)(1)(i)(C) is redesignated

as (l)(1)(iv); a title ‘‘Exemption’’ is

added; the word ‘‘IFQ’’ is added before

the word ‘‘weight’’; and a cross

reference is corrected to read

§ 679.42(c)(2).

Paragraph (l)(1)(i)(D) is redesignated

as (l)(1)(v), and the title ‘‘Revision to

prior notice’’ is added.

Paragraph (l)(1)(ii) is redesignated as

(l)(2) and the title is revised to read

‘‘Landing report.’’

Paragraph (l)(1)(ii)(A) is redesignated

as (l)(2)(i) and the title ‘‘Applicability’’

is added.

A new paragraph (l)(2)(ii) is added

with the title ‘‘Electronic reporting.’’

A new paragraph (l)(2)(ii)(A) is added

from the back of the Registered Buyer

Permit, the first three sentences from the

first paragraph under the title ‘‘Manner

of reporting; the first term ‘‘NMFS’’ is

replaced with ‘‘NMFS Enforcement,

Juneau’’ and the second and third

‘‘NMFS’’ are replaced with ‘‘NMFS,

Alaska Region;’’ the terms ‘‘local NMFS

Enforcement Clearing Officer’’ are

replaced with ‘‘clearing officer’’ to

standardize the term.

A new paragraph (l)(2)(ii)(B) is added

from the back of the Registered Buyer

Permit, the second sentence from the

second paragraph under the title

‘‘Manner of reporting.’’

A new paragraph (l)(2)(ii)(C) is added

from the back of the Registered Buyer

Permit, the third paragraph under the

title ‘‘Manner of reporting;’’ the first

sentence is reorganized; the words

‘‘until the IFQ account(s) is properly

debited’’ are added; the word

‘‘properly’’ is added before the word

‘‘debited’’ in the second and third

sentences; and the words ‘‘pursuant to

paragraph (l)(7) of this section’’ are

added to the last sentence.

New paragraphs (l)(2)(iii) and (iii)(A)

are added from the back of the

Registered Buyer Permit; the last

sentence of the first paragraph under the

title ‘‘Manner of reporting;’’ the words

‘‘pursuant to paragraph (l)(2)(ii) of this

section’’ are added after the word

‘‘granted’’; and the word ‘‘Once’’ is

replaced by ‘‘If’’ at the beginning of the

first paragraph.

A new paragraph (l)(2)(iii)(B) is added

from the manual landing report to

indicate required signatures.

Paragraph (l)(1)(ii)(B) is redesignated

as (l)(2)(iv); the title ‘‘Time limits and

submittals’’ is added; and the word

‘‘IFQ’’ is added before the words

‘‘cardholder’’ and ‘‘cardholder’s.’’

Paragraphs (l)(1)(ii)(B)(1) and (B)(2)

are renumbered to (l)(2)(iv)(A)(1) and

(2), respectively; paragraph

(l)(2)(iv)(A)(2) is revised by adding the

word ‘‘IFQ’’ before the word ‘‘weight;’’

the cross reference is corrected to read

§ 679.42(c)(2).

A new paragraph (l)(2)(iv)(B)) is

added from the back of the Registered

Buyer Permit, last part of the first

sentence of the second paragraph under

the title ‘‘Manner of reporting;’’ the

words ‘‘and the IFQ accounts properly

debited as defined in paragraph

(l)(2)(ii)(C) of this section’’ are added

after the word ‘‘completed;’’ and the

words ‘‘offload of IFQ landing’’ are

changed to read ‘‘IFQ landing.’’

Paragraph (l)(1)(iii)(A) is redesignated

as (l)(2)(v).

Paragraph (l)(1)(iii)(B) is redesignated

as (l)(3)(i)(C).

Paragraph (l)(1)(iv) is redesignated as

(l)(2)(vi) and is revised by removing

‘‘product type landed’’ and ‘‘scale

weight of the product at the time of

landing’’ and by adding ‘‘the harvesting

vessel’s ADF&G number; the Alaska

State fish ticket number(s) for the

landing; the ADF&G statistical area of

harvest by the IFQ cardholder; if

ADF&G statistical area is bisected by a

line dividing two IFQ regulatory areas,

the IFQ regulatory area of harvest

reported by the IFQ cardholder; for each

ADF&G statistical area of harvest

reported by the IFQ cardholder, the

product code landed and initial accurate

scale weight made at the time offloading
47354 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

commences for IFQ species sold and

retained.’’

Paragraph (l)(2) is redesignated as

(l)(3), and the title is revised to read

‘‘Shipment report.’’

Paragraphs (l)(2)(i) and (l)(2)(i) (A)

and (B) are consolidated and

redesignated as (l)(3)(i) and (l)(3)(i)(A)

respectively, and, the title of (l)(3)(i) is

revised to read ‘‘Requirement.’’

A new paragraph (l)(3)(i)(B) is added

from the back of the Registered Buyer

Permit, fourth paragraph under the title

‘‘Manner of reporting’’ is revised by

changing the words ‘‘of IFQ species

commenced to leave the landing site’’ to

read ‘‘commenced.’’

Paragraph (l)(2)(i)(C) is redesignated

as (l)(3)(i)(C), and paragraph (l)(2)(i)(D)

is redesignated as (l)(3)(iii).

Paragraph (l)(2)(ii)(A) is removed

since the requirements in the back of the

Registered Buyer are incorporated into

the regulations with this final rule.

Paragraph (l)(2)(ii)(B) is redesignated

as (l)(3)(ii); a title is added to read

‘‘Information required.’’

Paragraph (l)(2)(ii)(C) is removed as

duplicate.

Paragraphs (l)(2)(iii), (iii)(A), (iii)(B),

and (iii)(C) are removed as duplicates.

Paragraph (l)(2)(iv)(C) is redesignated

as (l)(3)(iv); a title is added to read

‘‘Dockside sale;’’ the words ‘‘A

registered buyer conducting dockside

sales must issue in lieu of a shipment

report’’ are added at the beginning of the

sentence; and the words ‘‘through a

dockside sale’’ are removed.

Paragraphs (l)(2)(iv)(A), (B), and (D)

are removed as duplicate.

Paragraph (l)(2)(v) is redesignated as

(l)(4), and the title is revised to read

‘‘Transshipment authorization.’’

Paragraph (l)(3) is redesignated as

(l)(5); the title is revised to read ‘‘Vessel

clearance;’’ and the words ‘‘the

clearing’’ are replaced with ‘‘a clearing.’’

Paragraph (l)(3)(i) is redesignated as

(l)(5)(i), and the words ‘‘a person’’ are

replaced with ‘‘the vessel operator’’ to

clarify the requirement.

A new paragraph title ‘‘Location of

clearance’’ is added as (l)(5)(iii).

Paragraph (l)(3)(ii) is redesignated as

(l)(5)(iii)(A); the words ‘‘A vessel

obtaining prelanding written clearance’’

are replaced with ‘‘A vessel operator

intending to obtain a prelanding written

clearance for the vessel;’’ and the word

‘‘first’’ is added before the word

‘‘provide.’’

Paragraph (l)(3)(iii) is redesignated as

(l)(5)(iii)(B), and the title is revised to

read ‘‘State other than Alaska, Departure

report.’’

Paragraph (l)(3)(iii)(A) is redesignated

as (l)(5)(iii)(B)(1).

Paragraph (l)(3)(iii)(B) is redesignated

as (l)(5)(iii)(B)(2) and a title is added.

Paragraph (l)(3)(iv) is redesignated as

(l)(5)(iii)(C); and the article ‘‘a’’ is added

between ‘‘obtain’’ and ‘‘vessel.’’

Paragraph (l)(3)(v) is redesignated as

(l)(5)(iv)(D).

Title for paragraph (l)(3)(vi) is

removed.

Paragraph (l)(3)(vi)(A) is redesignated

as (l)(5)(ii)(A).

Paragraph (l)(3)(vi)(C) is redesignated

as (l)(5)(ii)(B).

Paragraph (l)(3)(vi)(B) is redesignated

as (l)(5)(iv), and a title is added to read

‘‘Permits and cards.’’

Paragraphs (l)(3)(vii) and (viii) are

redesignated as (l)(5) (v) and (vi).

Consolidated Weekly ADF&G Fish

Tickets From Motherships—Section

679.5(m)

Paragraphs (m)(2)(i), (m)(2)(i)(A), and

(m)(2)(iv)(F) are revised to clarify that

the permit referred to is a Commercial

Fisheries Entry Commission, or a CFEC,

permit.

Paragraph (m)(3)(ii) is revised to

clarify that a fax copy of the fish ticket

from motherships is unacceptable. This

clarification conforms with ADF&G

regulations for submittal of fish tickets.

Prohibited Species Bycatch

Management—Section 679.21

Paragraph (e)(7)(iv) is revised to

correct a cross reference from (e)(3) to

(e)(4) in two places.

Closures—Section 679.22

Paragraph (a)(3) is revised to correct a

cross reference from paragraph

679.21(e)(3)(ii)(B) to 679.21(e)(4)(ii)(B).

Paragraph (a)(5) is revised to add a

cross reference to Figure 2—CVOA.

Paragraph (a)(6) is revised to add the

article ‘‘the’’ immediately before

‘‘Pribilof Island Area Habitat

Conservation Zone.’’

Paragraph (h) is added as a cross

reference to forage fish closures at

§679.20(i)(3).

Seasons—Section 679.23

The Federal Register instructional

text at paragraph 10 in the proposed

regulatory text omitted an instruction to

revise paragraph (g)(3). Therefore, the

instructional text is revised.

Classification

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This rule contains collection-ofinformation requirements subject to the

PRA. The estimated response times

shown include the time to review

instructions, search existing data

sources, gather and maintain the data

needed, and complete and review the

collection of information. The

collections of information have been

approved by the Office of Management

and Budget (OMB), under OMB Control

Numbers 0648–0206 and 0648–0213.

OMB Control Number 0648–0272 has

been approved except for four data

elements. See paragraphs below for

details. Public comment is sought

regarding: Whether these proposed data

elements are necessary for the proper

performance of the functions of the

agency, including whether the

information shall have practical utility;

the accuracy of the burden estimate;

ways to enhance the quality, utility, and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information,

including through the use of automated

collection techniques or other forms of

information technology. Send comments

on these or any other aspects of the

collections of information to Sue

Salveson, Assistant Administrator,

Sustainable Fisheries Division, NMFS,

Alaska Region, P.O. Box 21668, Juneau,

AK 99802, Attn: Lori Gravel, or deliver

to Federal Building, Fourth Floor, 709

West 9th Street, Juneau, AK, Attn: Lori

Gravel, and to OMB at the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC. 20503 (Attention:

NOAA Desk Officer).

1. Approved under 0648–0206—

Alaska permits. There are no new forms

or revisions to forms. The information

collection requirements for the Federal

processor permit are repeated in this

rule and have an estimated response

time of 0.33 hour per response.

2. Approved under 0648–0213—

Alaska Region Logbook Family of

Forms. Revisions to existing logbooks

and forms have the following effects:

Estimated time for an operator of a

catcher vessel with fixed gear to

complete a DFL decreases from 0.38

hour per response to 0.30 hour per

response; estimated time for an operator

of a catcher vessel with gear other than

fixed gear to complete a DFL decreases

from 0.37 hour per response to 0.30

hour per response; estimated time for an

operator of a catcher/processor with

fixed gear to complete a catcher/

processor DCPL decreases from 0.58

hour per response to 0.50 hour per

response; estimated time for an operator

of a catcher/processor with gear other

than fixed gear to complete a catcher/

processor DCPL decreases from 0.56

hour per response to 0.50 hour per
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47355

response; estimated time for an operator

of a mothership to complete a

mothership DCPL decreases from 0.55

hour per response to 0.52 hour per

response; estimated time for a manager

of a shoreside processor to complete a

shoreside processor DCPL decreases

from 0.45 hour per response to 0.40

hour per response; estimated time for a

manager or operator of a buying station

to complete a buying station DCL

decreases from 0.42 hour per response

to 0.38 hour per response; estimated

time for a manager or operator of a

processor to complete a WPR decreases

from 0.30 hour per response to 0.28

hour per response; estimated time for a

manager or operator of a processor to

complete a DPR increases from 0.17

hour per response to 0.18 hour per

response; estimated time for a manager

or operator of a processor to complete a

check-in/check-out report decreases

from 0.13 hour per response to 0.12

hour per response for vessel processors

and remains constant at 0.13 hour per

response for shoreside processors;

estimated time for a manager or operator

of a buying station to complete a checkin/check-out report decreases from 0.10

hour per response to 0.08 hour per

response; estimated time for an operator

of a vessel to complete a VAR decreases

from 0.25 hour per response to 0.23

hour per response; removal of voluntary

submittal of an ADF&G Alaska

Commercial Operator’s Annual Report

results in a decrease of 6 hours per

response; addition of the requirement

for motherships to submit ADF&G fish

tickets results in an increase of 0.58

hour per response.

The estimated times for completion

were printed incorrectly in the

shoreside processor, mothership,

catcher vessel, catcher/processor, and

buying station logbooks, and represent a

longer estimated time than is approved

under OMB control number 0648–0213.

Refer to the inside cover of the

instruction manuals for the correct time

estimates that agree with those given

above.

3. Approved under 0648–0272—IFQs

for Pacific halibut and sablefish. There

are no new forms. A request has been

submitted to the Office of Management

and Budget (OMB) for approval of

addition of the following data elements

to the landings report (§679.5(l)(2)(v):

harvesting vessel’s ADF&G number;

Alaska State fish ticket number for the

landing; ADF&G statistical area of the

harvest reported by the IFQ cardholder;

if ADF&G statistical area is bisected by

a line dividing two IFQ regulatory areas,

the IFQ regulatory area of harvest

reported by the IFQ cardholder. The

information collection requirements for

the IFQ Program are repeated in this

rule and have the following response

times: prior notice of landing (0.20 hour

per response); landings report (0.20

hour per response); shipment report

(0.20 hour per response); transshipment

notice (0.10 hour per response); and

vessel clearance (0.10 hour per

response).

This action has been determined to be

not significant for purposes of E.O.

12866. This determination is based on

the information gathered within the

Regulatory Impact Review prepared for

regulatory amendments to

recordkeeping and reporting

requirements (November 14, 1997) and

on a finding of non-significance made

for proposed rulemaking.

The Assistant General Counsel of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule will not have a significant

economic impact on a substantial

number of small entities. No comments

were received regarding this

certification. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 Part CFR 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: August 13, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

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

seq., and 3631 et seq.

2. In §679.2, the definition for

‘‘processor’’ is removed; the definitions

for ‘‘C. Opilio Crab Bycatch Limitation

Zone (COBLZ),’’ ‘‘Manager,’’ ‘‘Reporting

area,’’ and ‘‘Transfer’’ are revised; the

definition of ‘‘Fishing trip’’ is amended

by adding headings to paragraph (1) and

(2) and revising the introductory text of

paragraph (3), and definitions for

‘‘Ancillary product,’’ ‘‘Bled codend,’’

‘‘Catch,’’ ‘‘Central Gulf or GOA Central

Regulatory Area,’’ ‘‘Deep water flatfish,’’

‘‘Discard,’’ ‘‘Eastern Gulf or GOA

Eastern Regulatory Area,’’ ‘‘Groundfish

product or fish product,’’ ‘‘Other

flatfish,’’ ‘‘Other red rockfish,’’ ‘‘Other

rockfish,’’ ‘‘Primary product,’’

‘‘Reprocessed or rehandled product,’’

‘‘Retain on board,’’ ‘‘Shallow water

flatfish,’’ ‘‘Unsorted codend,’’ and

‘‘Western Gulf or GOA Western

Regulatory Area’’ are added in

alphabetical order to read as follows:

§ 679.2 Definitions.

* * * * *

Ancillary product means a product,

such as meal, heads, internal organs,

pectoral girdles, or any other product

that may be made from the same fish as

the primary product.

* * * * *

Bled codend means a form of discard

by vessels using trawl gear wherein

some or all of the fish are emptied into

the sea from the net before fish are

brought fully on board.

* * * * *

Catch (see 50 CFR 600.10.)

* * * * *

Central Gulf or GOA Central

Regulatory Area means that portion of

the GOA EEZ that is contained in

Statistical Areas 620 and 630 (see Figure

3 to this part).

* * * * *

C. Opilio Crab Bycatch Limitation

Zone (COBLZ) (see §679.21(e) and

Figure 13 to this part.

* * * * *

Deep water flatfish (see annual final

specifications published in the Federal

Register pursuant to §679.20(c).)

* * * * *

Discard (see §600.10.)

* * * * *

Eastern Gulf or GOA Eastern

Regulatory Area means the Reporting

Areas 649 and 659 and that portion of

the GOA EEZ that is contained in

Statistical Areas 640 and 650 (see Figure

3 to this part).

* * * * *

Fishing trip means:

(1) Groundfish directed fishing

closures or the IR/IU Program. * * *

(2) IFQ program. * * *

(3) Groundfish observer program.

With respect to subpart E of this part,

one of the following periods:

* * * * *

Groundfish product or fish product

means any species product listed in

Tables 1 and 2 to this part, excluding

the prohibited species listed in Table 2

to this part.

* * * * *

Manager, with respect to any

shoreside processor or land-based

buying station, means the individual

responsible for the operation of the

shoreside processor or land-based

buying station.

* * * * *

Other flatfish (see annual final

specifications published in the Federal

Register pursuant to §679.20(c).)
47356 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

Other red rockfish (see annual final

specifications published in the Federal

Register pursuant to §679.20(c); see also

‘‘rockfish’’ at § 679.2.)

Other rockfish (see annual final

specifications published in the Federal

Register pursuant to § 679.20(c); see also

‘‘rockfish’’ at § 679.2.)

* * * * *

Primary product means a product,

such as fillets, made from each fish,

with the highest recovery rate (see Table

1 to this part).

* * * * *

Reporting area (see Figures 1 and 3 to

this part) means:

(1) An area that includes a statistical

area of the EEZ off Alaska and any

adjacent waters of the State of Alaska;

(2) The reporting areas 300, 400, 550,

and 690, which do not contain EEZ

waters off Alaska or Alaska state waters;

or

(3) Reporting areas 649 and 659,

which contain only waters of the State

of Alaska.

Reprocessed or rehandled product

means a product, such as meal, that

results from processing a previously

reported product or from rehandling a

previously reported product (see Table

1 to this part).

Retain on board (see §§ 600.10 and

679.27 of this chapter.)

* * * * *

Shallow water flatfish (see annual

final specifications published in the

Federal Register pursuant to

§ 679.20(c).)

* * * * *

Transfer means:

(1) Groundfish fisheries of the GOA

and BSAI. Any loading, offloading,

shipment or receipt of any groundfish

product by a mothership, catcher/

processor, or shoreside processor,

including quantities transferred inside

or outside the EEZ, within any state’s

territorial waters, within the internal

waters of any state, at any shoreside

processor, or at any offsite meal

reduction plant.

(2) IFQ/CDQ fisheries. Any loading,

offloading, shipment or receipt of any

groundfish product, including

quantities transferred inside or outside

the EEZ, within any state’s territorial

waters, within the internal waters of any

state, at any shoreside processor, or at

any offsite meal reduction plant.

* * * * *

Unsorted codend is a codend of

groundfish that is not brought on board

a catcher vessel and that is delivered to

a mothership or shoreside processor

without the potential for sorting. No

other instance of catcher vessel harvest

is considered an ‘‘unsorted codend.’’ All

other catch that does not meet this

definition is considered ‘‘presorted’’

whether or not sorting occurs.

* * * * *

Western Gulf or GOA Western

Regulatory Areas means that portion of

the GOA EEZ that is contained in

Statistical Area 610 (see Figure 3 to this

part).

* * * * *

3. In § 679.3, paragraph (b) is revised

to read as follows:

§ 679.3 Relation to other laws.

* * * * *

(b) Domestic fishing for groundfish.

(1) The conservation and management

of groundfish in waters of the territorial

sea and internal waters of the State of

Alaska are governed by the Alaska

Administrative Code at 5 AAC Chapter

28 and by the Alaska Statutes at Title

16.

(2) Alaska Administrative Code (5

AAC 39.130) governs reporting and

permitting requirements using ADF&G

‘‘Intent to Operate’’ and ‘‘Fish Tickets.’’

* * * * *

4. In § 679.4, paragraph (f)(1) is

amended by removing the final ‘‘s’’ from

the word ‘‘States’’ that follows the word

‘‘Alaska;’’ and new paragraphs (i) and (j)

are added to read as follows:

§ 679.4 Permits.

* * * * *

(i) Experimental fisheries permits.

(See § 679.6.)

(j) Salmon donation program permits.

(See § 679.26(a)(3).)

5. Section 679.5 is amended by

revising paragraphs (a) through (l) and

by adding paragraph (m) to read as

follows:

§ 679.5 Recordkeeping and reporting.

(a) General requirements—(1)

Applicability, Federal fisheries permit.

Except as provided in paragraphs

(a)(1)(iii) and (iv) of this section, the

following participants must comply

with the recordkeeping and reporting

requirements of this section:

(i) Any catcher vessel, mothership,

catcher/processor, or tender vessel, 5

net tons or larger, that is required to

have a Federal fisheries permit under

§ 679.4.

(ii) Any shoreside processor,

mothership, or buying station that

receives groundfish from vessels issued

a Federal fisheries permit under § 679.4.

A shoreside processor, mothership, or

buying station subject to recordkeeping

and reporting requirements must report

all groundfish and prohibited species

received, including:

(A) Fish received from vessels not

required to have a Federal fisheries

permit.

(B) Fish received under contract for

handling or processing for another

processor.

(iii) Exemption for vessels less than 60

ft LOA. A catcher vessel less than 60 ft

(18.3 m) LOA is not required to comply

with recordkeeping and reporting

requirements contained in § 679.5(a)

through (j).

(iv) Exemption for groundfish used as

crab bait. (A) Owners or operators of

catcher vessels who take groundfish in

crab pot gear for use as crab bait on

board their vessels while participating

in an open season for crab, and the bait

is neither transferred nor sold, are

exempt from Federal recordkeeping and

reporting requirements contained in

paragraphs (a) through (j) of this section.

(B) This exemption does not apply to

fishermen who:

(1) Catch groundfish for bait during an

open crab season and sell that

groundfish or transfer it to another

vessel, or

(2) Participate in a directed fishery for

groundfish using any gear type during

periods that are outside an open crab

season for use as crab bait on board their

vessel.

(C) No groundfish species listed by

NMFS as ‘‘prohibited’’ in a management

or regulatory area may be taken in that

area for use as bait.

(2) Applicability, Federal processor

permit. Any shoreside processor or

vessel operating solely as a mothership

in Alaska State waters that retains

groundfish is responsible for complying

with the applicable recordkeeping and

reporting requirements of this section.

(3) Responsibility. (i) The operator of

a catcher vessel, catcher/processor,

mothership, or buying station receiving

from a catcher vessel and delivering to

a mothership (hereafter referred to as

the operator) and the manager of a

shoreside processor or buying station

receiving from a catcher vessel and

delivering to a shoreside processor

(hereafter referred to as the manager) are

each responsible for complying with the

applicable recordkeeping and reporting

requirements of this section.

(ii) The owner of a vessel, shoreside

processor, or buying station is

responsible for compliance and must

ensure that the operator, manager, or

representative (see paragraph (b) of this

section) complies with the requirements

given in paragraph (a)(3)(i).

(iii) The signature of the owner,

operator, or manager on the DFL, DCL,

or DCPL is verification of acceptance of

the responsibility required in

paragraphs (a)(3)(i) and (ii) and must be
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47357

signed by noon of the day following the

week-ending date of the weekly

reporting period.

(4) Groundfish logbooks and forms.

The Regional Administrator will

prescribe and provide groundfish

logbooks and forms required under this

section as shown in Table 9 to this part.

The operator or manager must use these

logbooks and forms or obtain approval

from the Regional Administrator to use

electronic versions of the logbooks and

forms.

(5) Participant identification

information. The operator or manager

must record on all required records,

reports, and logbooks, as appropriate:

(i) The name of the catcher vessel,

catcher/processor, mothership,

shoreside processor, or buying station as

displayed in official documentation.

(ii) If a catcher vessel, the Federal

fisheries permit number and ADF&G

vessel number.

(iii) If a shoreside processor, the

Federal processor permit number and

ADF&G processor number.

(iv) If a buying station, the name and

ADF&G vessel number (if a vessel) of

the buying station, and the name,

ADF&G processor code, and Federal

processor permit number of associated

shoreside processor, or the Federal

fisheries permit number of the

associated mothership.

(v) Except for a DFL, DCL, or DCPL,

the following information describing a

representative’s identification: the

representative’s name, daytime business

telephone number (including area code),

and fax or telex number. In addition, if

completing a DPR, a VAR, or a

mothership or catcher/processor PTR or

check-in/check-out report, the

representative’s COMSAT number.

(vi) If a mothership or catcher/

processor, the ADF&G processor code

and Federal fisheries permit number.

(vii) Signature of owner, operator, or

manager (see paragraph (a)(3)).

(6) Maintenance of records. (i) The

operator or manager must maintain all

records, reports, and logbooks in a

legible, timely, and accurate manner; in

English; if handwritten, in indelible ink;

if computer-generated, in a printed

paper copy; and based on A.l.t.

(ii) The operator or manager must

account for each day of the fishing year

in the logbook, starting with January 1

and ending with December 31. Time

periods must be recorded consecutively

in the logbook.

(iii) When applicable, the operator or

manager must record in each report,

form, and logbook the following

information:

(A) Page number. (1) Except as

provided in paragraph (a)(6)(iii)(A)(2) of

this section, the operator or manager

must number the pages in each logbook

consecutively, beginning with page 1

and continuing throughout the logbook

for the remainder of the fishing year. If

more than one logbook is used in a

fishing year, the page numbers should

follow the consecutive order of the

previous logbook.

(2) The manager of a shoreside

processor must number the DCPL pages

within Part I and Part II separately,

beginning with page 1.

(B) Date, presented as month-dayyear.

(1) If a catcher vessel and the logsheet

contains records for more than one day,

enter the first day of the logsheet at the

top of the logsheet and the date of each

day in the ‘‘catch’’ and ‘‘discard/

donate’’ sections of the DFL.

(2) If a shoreside processor, enter the

week-ending date of the weekly

reporting period at the top of the

logsheet and the date of each day of the

week in the ‘‘landings’’ and ‘‘discard/

donate’’ sections of the DCPL.

(C) Time, in military format to the

nearest hour, A.l.t.

(D) Position coordinates, latitude and

longitude to the nearest minute

(optional: record to the nearest second

or fraction of minute).

(E) Original/revised report. Except for

a DFL, DCL, or DCPL, if a report is the

first one submitted to the Regional

Administrator for a given date, gear

type, and reporting area, the report

should be labeled, ‘‘ORIGINAL

REPORT.’’ If a report is a correction to

a previously submitted report for a

given date, gear type, and reporting area,

the report should be labeled, ‘‘REVISED

REPORT.’’

(7) Active and inactive periods—(i)

Each day of fishing year. Account for

each day of the fishing year in the DFL,

DCL, or DCPL by checking the

appropriate box to indicate active and

inactive periods as defined under

§679.2.

(ii) Separate logsheet. (A) If a

mothership, catcher/processor, or

buying station, use a separate logbook

page for each day of an active period.

(B) If a catcher vessel, use a separate

logbook page for each day or use one

logbook page for up to 7 days.

(C) If a shoreside processor, use a

separate logbook page for each day or

use one logbook page for up to 7 days.

(iii) Inactive period. (A) Indicate in

the DFL, DCL, or DCPL on one logbook

page the first and last day of an inactive

period.

(B) During an inactive period that

extends across two or more successive

quarters, the operator or manager must

complete two logsheets: The one to

indicate the last day of the first inactive

quarter and the next page to indicate the

first day of the second inactive quarter.

(iv) Fishing activity. Indicate in the

DFL, DCL, or DCPL all fishing activity,

which is defined for each type of vessel

as follows:

(A) If a catcher vessel—harvest or

discard of groundfish.

(B) If a catcher/processor—harvest,

discard, or processing of groundfish.

(C) If a mothership or shoreside

processor—receipt, discard, or

processing of groundfish.

(D) If a buying station—receipt,

discard, or delivery of groundfish.

(v) Active and conducting fishing

activity. If in an active period and

conducting fishing activity, the operator

or manager must record in the DFL,

DCL, or DCPL:

(A) Gear type. The gear type used to

harvest the groundfish.

(1) If a catcher vessel or catcher/

processor and using hook-and-line gear,

the average number of hooks per skate.

(2) If a mothership or shoreside

processor and groundfish shipment is

received from a different processor

through the use of a PTR, circle ‘‘PTR

TRANSFER.’’

(3) If gear type is not an authorized

fishing gear, circle ‘‘OTHER.’’

(4) If a mothership and groundfish are

received in the same reporting area but

were harvested with more than one gear

type or if a catcher/processor and

groundfish were caught in the same

reporting area using more than one gear

type, the operator must use a separate

page in the DCPL for each gear type and

must submit a separate check-in/checkout report, DPR (if required), and WPR

for each gear type.

(5) If a shoreside processor and

groundfish are received from the same

reporting area but were harvested with

more than one gear type, the manager

must:

(i) Use a separate page in the DCPL for

each gear type.

(ii) Except for gear type ‘‘PTR

TRANSFER,’’ submit a separate checkin/check-out report, DPR (if required),

and WPR for each gear type. The

manager must not use the gear type

‘‘PTR TRANSFER’’ on a WPR.

(B) Reporting Area. The reporting area

code where gear retrieval was

completed (see Figures 1 and 3 to this

part).

(1) If a haul or set occurs in more than

one reporting area, record the reporting

area code where gear retrieval was

completed, regardless of where the

majority of the haul or set took place.

(2) If a catcher vessel or catcher/

processor using trawl gear, record

whether catch was harvested in the

COBLZ or in the RKCSA.
47358 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

(i) If recording in DFL or DCPL, use

two separate pages, the first to record

the information from the reporting area

that includes the COBLZ or RKCSA and

the second to record the information

from the reporting area that does not

include the COBLZ or RKCSA.

(ii) If recording on a WPR, use two

separate columns to record the part of

the same reporting area that includes

the COBLZ or RKCSA and the part that

does not include the COBLZ or RKCSA.

(3) If a catcher/processor using trawl

gear and recording on a check-in/checkout report, the operator must submit a

separate check-in/check-out report to

record the part of the same reporting

area that includes the COBLZ or RKCSA

and the part that does not include the

COBLZ or RKCSA area.

(C) Observers. Except for a buying

station, the number of observers aboard

or on site.

(D) Number of crew. Except for a

shoreside processor, the number of

crew, excluding certified observer(s), on

the last day of the weekly reporting

period.

(E) CDQ. Whether harvest is under a

CDQ program; if yes, record the CDQ

number. If fishing under more than one

CDQ number, use a separate page for

each.

(vi) Active, no fishing activity—(A)

Catcher vessel. If a catcher vessel, in an

active period, and not harvesting or

discarding groundfish, the operator

must check ‘‘ACTIVE, NOT FISHING’’

in the DFL and briefly describe the

reason.

(B) Catcher/processor. If a catcher/

processor, in an active period, and not

harvesting, discarding, or processing

groundfish, the operator must record

‘‘ACTIVE, NOT FISHING’’ in the DCPL

and briefly describe the reason.

(C) Mothership or shoreside processor.

If a mothership or shoreside processor,

in an active period, and not receiving,

discarding, or processing groundfish,

the operator or manager must record

‘‘NO RECEIVING OR PROCESSING

ACTIVITY’’ in the DCPL and briefly

describe the reason.

(D) Buying station. If a buying station,

in an active period, and not receiving,

discarding, or delivering groundfish, the

operator or manager must record ‘‘NO

RECEIVING OR DELIVERING

ACTIVITY’’ in the DCL and briefly

describe the reason.

(8) Landings information—(i) General.

The manager of a shoreside processor

must:

(A) Record and report groundfish

landings by species codes and product

codes as defined in Tables 1 and 2 to

this part for each reporting area, gear

type, COBLZ or RKCSA area if

applicable under paragraph (a)(7)(v)(B)

of this section, and CDQ number.

(B) If recording landings on a WPR or

DPR, report each groundfish landing

only in metric tons to at least the nearest

0.001 mt.

(C) If no landings occurred, write ‘‘NO

LANDINGS’’ for that day.

(ii) DCPL. The manager of a shoreside

processor must record in the DCPL:

(A) Daily landings. The daily

combined scale weight of landings

retained for processing from a catcher

vessel or from any associated buying

station, to the nearest lb or to at least the

nearest 0.001 mt. Use a check mark in

the appropriate box to indicate whether

records are in lbs or in metric tons.

(B) Weekly landings. At the end of

each weekly reporting period, enter for

each species and product code the

cumulative total scale weight of

landings for that week, summarized

separately by reporting area, gear type,

COBLZ or RKCSA area if applicable

under paragraph (a)(7)(v)(B) of this

section, and CDQ number. The

cumulative total weight is calculated by

adding the daily totals for that week.

(9) Product Information—(i) General.

The operator of a catcher/processor or

mothership or the manager of a

shoreside processor must:

(A) Record and report groundfish

products by species codes, product

codes, and product designations as

defined in Tables 1 and 2 to this part for

each reporting area, gear type, COBLZ or

RKCSA area if applicable under

paragraph (a)(7)(v)(B) of this section,

and CDQ number.

(B) If recording products on a WPR or

DPR or recording products shipped or

received on a PTR, the operator or

manager must report each groundfish

product only in metric tons to at least

the nearest 0.001 mt.

(C) If no production occurred, write

‘‘NO PRODUCTION’’ for that day.

(ii) DCPL. The operator or manager

must record in the DCPL:

(A) Daily production. The daily total,

balance brought forward (except for

shoreside processors), and cumulative

total fish product weight for each

groundfish product to the nearest lb or

to at least the nearest 0.001 mt. Use a

check mark in the appropriate box to

indicate whether records are in lbs or in

metric tons.

(B) Weekly production. At the end of

each weekly reporting period, enter for

each species and product code the

cumulative total fish product weight for

each groundfish product to the nearest

lb or to at least the nearest 0.001 mt,

summarized separately by reporting

area, gear type, COBLZ or RKCSA area

if applicable under paragraph

(a)(7)(v)(B) of this section, and CDQ

number. The cumulative total fish

product weight is calculated by adding

the daily totals and total carried forward

(except for a Shoreside Processor DCPL)

for that week.

(iii) Beginning of weekly reporting

period. At the beginning of each weekly

reporting period, the amount is zero,

and nothing shall be carried forward

from the previous weekly reporting

period.

(10) Discarded or donated species

information. The operator or manager

must record or report discards or

donations as follows:

(i) General. (A) Record and report

prohibited species (see § 679.21(b)) and

groundfish discards or donations by

species and product codes as defined in

Tables 1 and 2 to this part for each

reporting area, gear type, COBLZ or

RKCSA area if applicable under

paragraph (a)(7)(v)(B) of this section,

and CDQ number.

(B) If recording discards or donations

on a WPR or DPR, the manager or

operator must record:

(1) The weekly cumulative total

discard or donation for each species and

product code of groundfish species,

groundfish species group, or Pacific

herring in metric tons to at least the

nearest 0.001 mt.

(2) The weekly cumulative total

estimated numbers of discard or

donation for each species and product

code of Pacific salmon, steelhead trout,

halibut, king crab, and Tanner crab.

(C) If there were no discards or

donations, write ‘‘NO DISCARDS,’’ ‘‘0,’’

or ‘‘ZERO’’ for that day.

(ii) Logbook—(A) Groundfish and

herring. For each discard or donation of

groundfish, groundfish species groups,

and Pacific herring, record in the DCPL,

DCL, or DFL the date of discard, the

estimated daily total, balance brought

forward (except for shoreside processor

DCPL), and cumulative total estimated

fish discards or donations weight to the

nearest lb or to at least the nearest 0.001

mt for each fishing trip. Use a check

mark in the appropriate box to indicate

whether records are in lbs or in metric

tons.

(B) Prohibited species other than

herring. For each discard or donation of

Pacific salmon, steelhead trout, halibut,

king crab, and Tanner crab, record in

the DFL, DCL, or DCPL, the date of

discard, the estimated daily total,

balance brought forward (except for

shoreside processor DCPL), and

cumulative total estimated numbers for

discards or donations for each fishing

trip.

(C) Cumulative totals. At the end of

each fishing trip, calculate the
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47359

cumulative total by adding the daily

total and balance forward (except for a

Shoreside Processor DCPL), summarized

separately by reporting area, gear type,

COBLZ or RKCSA area if applicable

under paragraph (a)(7)(v)(B) of this

section, and CDQ number.

(D) Beginning of weekly reporting

period. At the beginning of each weekly

reporting period, the amount is zero,

and nothing shall be carried forward

from the previous weekly reporting

period.

(11) Contract processing. The manager

of a shoreside processor or operator of

a mothership who receives groundfish

to be handled or processed under

contract for another processor or

business entity must report these fish to

the Regional Administrator consistently

throughout a fishing year using one of

the following two methods:

(i) Combined records. Record landings

(if applicable), discards, and products of

contract-processed groundfish routinely

in the DCPL, WPR, or DPR without

separate identification; or

(ii) Separate records. Record landings

(if applicable), discards, and products of

contract-processed groundfish in a

separate DCPL, WPR, or DPR identified

by the name, Federal processor permit

number or Federal fisheries permit

number, and ADF&G processor code of

the associated business entity.

(12) Alteration of records. (i) The

operator, manager, or any other person

may not alter or change any entry or

record in a logbook, except that an

inaccurate or incorrect entry or record

may be corrected by lining out the

original and inserting the correction,

provided that the original entry or

record remains legible.

(ii) No person except an authorized

officer may remove any original page of

any logbook.

(13) Inspection of records. The

operator or manager must make all

logbooks, reports, and forms required

under this section available for

inspection upon the request of an

authorized officer.

(14) Submittal, retention, and

distribution of logbooks and forms—(i)

Submittal of forms. Forms other than

logbooks and mothership fish tickets

may be submitted by the operator or

manager by:

(A) Using the NMFS printed form and

faxing it to the fax number on the form;

or

(B) Transmitting a data file with

required information and forms to

NMFS by modem or satellite

(specifically INMARSAT standards A,

B, or C).

(ii) Submittal of logbooks. (A) For

recordkeeping and reporting in the

groundfish fisheries of the EEZ off

Alaska, the operator of a catcher vessel,

mothership, catcher/processor, or of a

buying station delivering to a

mothership, or the manager of a

shoreside processor or of a buying

station delivering to a shoreside

processor is required to use the logbooks

issued per paragraph (a)(4) of this

section, retain the logbooks per

paragraph (a)(14)(vii) of this section,

and submit the logbooks and logsheets

to NMFS per paragraphs (a)(14)(iv), (v),

and (vi) of this section.

(B) The operator or manager of a

buying station must maintain a separate

DCL for each mothership or shoreside

processor to which the buying station

delivers groundfish during a fishing

year.

(iii) Logbook descriptions. The copy

sets of each logbook are described

below:

(A) Catcher vessel DFL. White, blue,

and yellow copies.

(B) Catcher/processor DCPL. White

and yellow copies.

(C) Mothership DCPL. White and

yellow copies.

(D) Shoreside processor DCPL. White

and yellow copies.

(E) Buying station DCL. White, pink,

and yellow copies.

(iv) Logsheet distribution and

retention. The operator or manager must

distribute or retain the multiple copies

of each logsheet as follows:

(A) White, original logsheet. The

white copy remains permanently in the

logbook.

(B) Yellow logsheet—(1) DFL or DCPL.

The yellow DFL or DCPL copy is

submitted to NMFS per paragraphs

(a)(14) (v) and (vi) of this section.

(2) DCL—(I) Buying station. The

operator or manager of a buying station

must submit upon delivery of catch the

yellow DCL copy to the associated

mothership or shoreside processor,

along with the ADF&G fish tickets for

that delivery.

(ii) Mothership or shoreside processor.

The operator or manager of the

associated mothership or shoreside

processor receiving a delivery from a

buying station must submit the yellow

DCL copy to NMFS per paragraphs

(a)(14)(v) and (vi) of this section after

photocopying each DCL yellow copy.

The manager or operator of the

associated mothership or shoreside

processor must retain these photocopies

until the original DCL is received from

the associated buying station at the

conclusion of fishing or no later than

February 1 of the following fishing year.

(C) Blue discard logsheet, DFL—(1)

Catcher vessel. Except when delivering

an unsorted codend (see paragraph

(c)(6)(i) of this section), the operator of

a catcher vessel must submit the blue

DFL copy to the buying station,

mothership, or shoreside processor that

receives the groundfish harvest.

(2) Buying station. The operator or

manager of a buying station must submit

upon delivery of catch to an associated

mothership or shoreside processor any

blue DFL copies received from catcher

vessels delivering groundfish to the

buying station.

(3) Mothership or shoreside processor.

The operator of a mothership or the

manager of a shoreside processor must

retain the blue DFL copies submitted by

operators of catcher vessels through the

last day of the fishing year during which

the records were made.

(D) Pink logsheet, DCL. The operator

or manager of a buying station must

retain the pink DCL copies for each

associated mothership or shoreside

processor for 3 years after the end of the

fishing year during which the records

were made.

(v) Logsheet submittal address. The

yellow copies described in paragraph

(a)(14)(iv)(B) of this section must be

submitted on a quarterly basis to: NMFS

Office of Enforcement, Alaska Region

Logbook Program, P.O. Box 21767,

Juneau, AK 99802–1767.

(vi) Yellow logsheet submittal

schedule. The yellow copies described

in paragraph (a)(14)(iv)(B) of this section

must be submitted to NMFS on the

following schedule: Yellow copies from

the first quarter, by May 1 of that fishing

year; yellow copies from the second

quarter, by August 1 of that fishing year;

yellow copies from the third quarter, by

November 1 of that fishing year; and

yellow copies from the fourth quarter,

by February 1 of the following fishing

year.

(vii) Retention of logbooks and forms.

(A) The operator of a catcher vessel

must retain the original (white) copy of

all DFLs per paragraph (a)(14)(vii)(E) of

this section.

(B) The operator of a catcher/

processor or mothership or the manager

of a shoreside processor must retain the

white copy of all DCPLs per paragraph

(a)(14)(vii)(E) of this section.

(C) The operator of a mothership or

the manager of a shoreside processor

must retain the white copy of the DCL

from each associated buying station per

paragraph (a)(14)(vii)(E) of this section.

(D) The operator of a catcher/

processor or mothership or the manager

of a shoreside processor must retain a

paper copy of all forms submitted to

NMFS, including those forms that were

originally submitted electronically per

paragraph (a)(14)(vii)(E) of this section.
47360 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

(E) The operator of a catcher/

processor or mothership or the manager

of a shoreside processor must make the

logbook copies and paper forms

required in paragraphs (a)(14)(vii)(A)

through (D) of this section available for

inspection by an authorized officer:

(1) On site until the end of the fishing

year during which the records were

made and for as long thereafter as fish

or fish products recorded in the

logbooks and forms are retained.

(2) For 3 years after the end of the

fishing year during which the records

were made.

(15) Delivery information for buying

station, mothership, and shoreside

processor. The operator of a mothership

or buying station delivering to a

mothership or the manager of a

shoreside processor or buying station

delivering to a shoreside processor must

record the following information in the

‘‘delivery information section’’ of the

Buying Station DCL, Mothership DCPL,

or Shoreside Processor DCPL:

(i) If groundfish delivery was made by

a catcher vessel or buying station, write

‘‘CV’’ or ‘‘BS,’’ respectively.

(ii) If groundfish delivery was made

by another processor, record:

(A) A dash (—) in the CV/BS column,

in the receive/discard column, and in

the fish ticket column.

(B) Name and ADF&G code of the

processor that delivered the groundfish.

(C) Time the delivery was completed.

(D) Estimated total round weight of

the groundfish. Option: record actual

weights by species, if known.

(iii) If groundfish delivery is from a

catcher vessel, whether the blue DFL

copies were submitted at time of

delivery. If not submitted, record the

response ‘‘NO’’ and a ‘‘P’’ to indicate the

catcher vessel does not have a Federal

fisheries permit; an ‘‘L’’ to indicate the

catcher vessel is under 60 ft (18.3 m)

length overall (LOA); or a ‘‘U’’ to

indicate the catcher vessel delivered an

unsorted codend. If a catcher vessel is

under 60 ft (18.3 m) LOA and also does

not have a Federal fisheries permit,

record a ‘‘P.’’

(iv) Name and ADF&G vessel number

(if applicable) of the catcher vessel or

buying station delivering the

groundfish.

(v) Date and time (to the nearest hour,

A.l.t.) when receipt of groundfish catch

is completed.

(vi) If a mothership, latitude and

longitude (to the nearest minute) of the

mothership position when the

groundfish catch is received. Option:

Record to nearest second or fraction of

minute.

(vii) Estimated total groundfish

delivery weight of the groundfish catch

to the nearest lb or to the nearest mt.

(viii) ADF&G fish ticket numbers

issued to catcher vessels for the weekly

reporting period, including the fish

ticket numbers issued by an associated

buying station.

(ix) If a shoreside processor and

located in a state other than Alaska, the

manager must record the fish ticket

number issued through that state. If a

state fish ticket system is unavailable,

the manager must record the catch

receipt number.

(x) If a buying station, the name and

ADF&G processor code of the associated

mothership or shoreside processor to

which groundfish deliveries were made.

(b) Representative. The operator of a

catcher vessel, mothership, catcher/

processor, or buying station delivering

to a mothership or manager of a

shoreside processor or buying station

delivering to a shoreside processor may

identify one person to fill out and sign

the logbook, to complete the

recordkeeping and reporting forms, and

to identify the contact person for

inquiries from NMFS. Designation of a

representative under this paragraph

does not relieve the owner, operator, or

manager of responsibility for

compliance under paragraph (a)(3) of

this section.

(c) Catcher vessel DFL and catcher/

processor DCPL. In addition to

requirements described in paragraphs

(a) and (b) of this section, the operator

of a catcher vessel or catcher/processor

must record:

(1) Pair trawls. If two catcher vessels

are dragging a trawl between them (pair

trawl), a separate DFL must be

maintained by each vessel. Each vessel

operator must log the amount of the

catch retained by that vessel and any

fish discarded by the vessel.

(2) Time limit and submittal—(i)

Catcher vessel DFL. The operator of a

catcher vessel must record in the DFL:

(A) The time, position, and estimated

total catch weight of groundfish within

2 hours after gear retrieval.

(B) Discard or donation information as

described at paragraph (a)(10) of this

section each day on the day they occur;

all other information required in the

DFL by noon of the day following gear

retrieval.

(C) Notwithstanding other time limits,

all information required in the DFL

within 2 hours after the vessel’s catch is

offloaded.

(D) Except as provided at paragraph

(c)(6)(i) of this section, within 2 hours

of completion of catch delivery

information, the operator must submit

the blue DFL copies with delivery of the

harvest to the operator of a mothership

or a buying station delivering to a

mothership, or to the manager of a

shoreside processor or buying station

delivering to a shoreside processor.

(ii) Catcher/processor DCPL. The

operator of a catcher/processor must

record in the DCPL, for each haul or set:

(A) The time, position, and estimated

total catch weight of groundfish within

2 hours after gear retrieval.

(B) Product and discard or donation

information as described at paragraphs

(a)(9) and (a)(10) of this section each day

on the day they occur; all other

information required in the DCPL by

noon of the day following completion of

production.

(C) Notwithstanding other time limits,

record all information required in the

DCPL within 2 hours after the vessel’s

catch is offloaded.

(3) Haul/set information. In addition

to requirements described in paragraphs

(a) and (b) of this section, the operator

of a catcher vessel or catcher/processor

must record the following information

for each haul or set:

(i) The number of haul or set,

sequentially by year;

(ii) If the vessel is using hook-and-line

gear, the number of skates set. If the

vessel is using longline pot or single pot

gear, the total number of pots set;

(iii) The date (month-day-year), begin

time (to the nearest hour) and position

coordinates (to the nearest minute) of

gear deployment;

(iv) The date (month-day-year), end

time (to the nearest hour), and position

coordinates (to the nearest minute) of

gear retrieval;

(v) The average sea depth and average

gear depth, recorded to the nearest

meter or fathom;

(vi) The estimated total round catch

weight of the groundfish catch in lbs or

to the nearest mt. If fishing in IFQ

halibut fishery, enter the estimated total

weight of groundfish bycatch;

(vii) The round catch weight of

pollock and Pacific cod;

(viii) If fishing in an IFQ fishery, the

estimated round catch weight of IFQ

sablefish;

(ix) If fishing in an IFQ fishery, the

round catch weight of rockfish and

Pacific cod; and

(x) When fishing in an IFQ fishery

and the fishery for Pacific cod or

rockfish is closed to directed fishing in

that reporting area as described in

§ 679.20, the operator must record up to

and including the maximum retainable

bycatch amount for Pacific cod or

rockfish as defined in Table 10 or 11 to

this part; quantities over this amount

must be recorded in the discard or

donation section.
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47361

(4) Catcher vessel delivery

information. The operator of a catcher

vessel must record:

(i) The date of delivery.

(ii) The name, ADF&G processor code,

and ADF&G fish ticket number(s)

provided by the operator of the

mothership or of the buying station

delivering to a mothership, or by the

manager of a shoreside processor or of

a buying station delivering to a

shoreside processor.

(5) IFQ data. The operator of a catcher

vessel or catcher/processor using fixed

gear must record IFQ information as

follows:

(i) IFQ Identification. (A) Check

‘‘YES’’ or ‘‘NO’’ to record if persons

aboard have authorized IFQ permits.

(B) If ‘‘YES,’’ record the following:

(1) Vessel operator’s (captain’s) name

and IFQ permit number, if any.

(2) Name of each IFQ holder aboard

the vessel and each holder’s IFQ permit

number.

(ii) IFQ landings. If IFQ landings are

made, the operator must record the

following:

(A) Month and day of landing.

(B) Name of registered buyer.

(C) Name of unloading port.

(6) Discard or donation information,

catcher vessel. In addition to the

requirements in paragraph (a)(10) of this

section, the operator of a catcher vessel

must record in the DFL:

(i) Unsorted codends. If deliveries to

a mothership or shoreside processor are

unsorted codends, the catcher vessel is

exempt from recording discards in the

DFL and from submittal of the blue DFL

copy (discards copy) for that delivery

(see paragraph (a)(14)(iv)(C) of this

section). The operator must check the

box entitled ‘‘unsorted codend’’ and

must remove and discard the blue DFL

copy.

(ii) Presorted delivery. Except as

provided at § 679.27(d), if the deliveries

of a catcher vessel are presorted at sea

or if the catcher vessel has ‘‘bled’’ a

codend prior to delivery to a

mothership, shoreside processor, or

buying station, the operator must:

(A) Check the ‘‘presorted delivery’’

box.

(B) Enter the estimated amount of

discards or donations by species in the

DFL.

(d) Buying station DCL—(1) General.

In addition to requirements described in

paragraphs (a) and (b) of this section,

the operator or manager of a buying

station must record discard or donation

information in the DCL that:

(i) Are reported on a blue DFL copy

by a catcher vessel delivering to a

buying station.

(ii) Occur after receipt of harvest from

a catcher vessel.

(iii) Occur prior to delivery of harvest

to a mothership or shoreside processor.

(2) Time limits. The operator or

manager of a buying station must

record:

(i) Catcher vessel ‘‘delivery

information’’ within 2 hours after

completion of receipt of each groundfish

delivery.

(ii) Discard or donation information as

described at paragraph (a)(10) of this

section:

(A) Each day on the day discards or

donations occur:

(1) After receipt of harvest from a

catcher vessel is completed; and

(2) Prior to delivery of harvest to a

mothership or shoreside processor.

(B) On the day the blue DFL copy is

received from a catcher vessel

delivering groundfish to the buying

station;

(iii) All other information required in

the DCL by noon of the day following

the day the receipt of groundfish was

completed.

(e) Mothership DCPL—(1) General. In

addition to requirements described in

paragraphs (a) and (b) of this section,

the operator of a mothership must

record discard or donation information

in the DCPL that:

(i) Is reported on a blue DFL copy by

a catcher vessel or on a yellow DCL

copy by a buying station delivering

groundfish to a mothership.

(ii) Occurs on site after receipt of

groundfish from a catcher vessel or

buying station.

(iii) Occurs during processing of

groundfish.

(2) Time limits. The operator of a

mothership must record:

(i) Except for records of round weight

catch for IR/IU species pollock and

Pacific cod, ‘‘delivery information’’ in

the DCPL within 2 hours after receipt of

each groundfish delivery.

(ii) Product information as described

at paragraph (a)(9) of this section each

day on the day they occur.

(iii) Discard or donation information

as described at paragraphs (a)(10) and

(e)(1) of this section:

(A) Each day on the day they occur:

(1) On site after receipt of groundfish

from a catcher vessel.

(2) During processing of groundfish.

(B) On the day the blue DFL copy is

received from a catcher vessel

delivering groundfish to the mothership.

(C) On the day the yellow DCL copy

is received from a buying station

delivering groundfish to a mothership.

(iv) All other information required in

the DCPL by noon of the day following

the day of production completion.

(f) Shoreside processor DCPL—(1)

General. In addition to requirements

described in paragraphs (a) and (b) of

this section, the manager of a shoreside

processor must record in the DCPL:

(i) The management area (BSAI or

GOA) for the product where the

groundfish was harvested on each

section of the Part II logsheet.

(ii) Discard or donation information in

the DCPL that:

(A) Is reported on a blue DFL copy by

a catcher vessel or on a yellow DCL

copy by a buying station delivering

groundfish to a mothership.

(B) Occurs on site after receipt of

groundfish from a catcher vessel or

buying station.

(C) Occurs during processing of

groundfish.

(2) Time limits. The manager of a

shoreside processor must record:

(i) All catcher vessel or buying station

‘‘delivery information’’ within 2 hours

after completion of receipt of each

groundfish delivery.

(ii) Landings and product information

as described at paragraphs (a)(8) and

(a)(9), respectively, of this section each

day on the day they occur.

(iii) Discard or donation information

as described at paragraph (a)(10) of this

section:

(A) Each day on the day they occur:

(1) On site after receipt of groundfish

from a catcher vessel.

(2) During processing of groundfish.

(B) On the day the blue DFL copy is

received from a catcher vessel

delivering groundfish to a shoreside

processor.

(C) On the day the yellow DCL copy

is received from a buying station

delivering groundfish to a shoreside

processor.

(iv) All other information required in

the DCPL by noon of the day following

the day of production completion.

(g) Groundfish Product Transfer

Report (PTR)—(1) Requirement. Except

as provided in paragraphs (g)(1) (i)

through (iv) of this section, the operator

of a mothership or catcher/processor or

the manager of a shoreside processor

must record each transfer of groundfish

product or donated prohibited species

on a separate PTR.

(i) Product codes 41 and 99. The

operator or manager does not report

those fish products, defined as product

code 41 in Table 1 to this part, that are

destined for offsite fish meal production

or those fish products, defined as

product code 99 in Table 1 to this part

that are subsequently transferred for

discard at sea.

(ii) Bait sales. The operator or

manager may aggregate individual sales

or transfers of groundfish to vessels for

bait purposes during a day onto one

PTR when recording the amount of such

bait product leaving a facility that day.
47362 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

(iii) Over-the-counter groundfish

sales. The operator or manager may

aggregate individual over-the-counter

sales of groundfish for human

consumption in quantities less than 10

lb (0.0045 mt) per sale during a day onto

one PTR when recording the amount of

such over-the-counter product leaving a

facility that day.

(iv) IFQ registered buyer. If the

operator of a mothership or catcher/

processor or the manager of a shoreside

processor possesses a registered buyer

permit issued per § 679.4(d)(2), the

operator or manager is not required to

submit a PTR to document shipment of

IFQ or CDQ sablefish product. However,

a shipment report as described at

paragraph (l)(3) of this section is

required for each shipment of IFQ or

CDQ sablefish product.

(2) Time limits and submittal. The

operator of a mothership or catcher/

processor or manager of a shoreside

processor must:

(i) Record all product transfer

information on a PTR within 2 hours of

the completion of the transfer.

(ii) Submit by fax a copy of each PTR

to the NMFS Alaska Enforcement

Division by 1200 hours, A.l.t., on the

Tuesday following the end of the

applicable weekly reporting period in

which the transfer occurred.

(iii) A PTR is not required to

accompany a shipment or offload.

(3) Information required—(i) General.

In addition to requirements described in

paragraphs (a) and (b) of this section,

the operator of a mothership or catcher/

processor or the manager of a shoreside

processor must record on a PTR:

(A) Page numbers must be numbered

consecutively, starting with the first

transfer of the fishing year as page 1 and

continuing throughout the remainder of

the fishing year.

(B) ‘‘RECEIPT,’’ if product (including

raw fish) is received; ‘‘OFFLOAD,’’ if

product (including raw fish) is offloaded

from a mothership or catcher/processor;

‘‘SHIPMENT,’’ if product (including raw

fish) is shipped from a shoreside

processor.

(C) If a catcher/processor or

mothership, the USCG documentation

number.

(ii) Transfer information. The operator

of a catcher/processor or mothership or

manager of a shoreside processor must

record on each page the following

information for each transfer:

(A) Vessel name. If another vessel is

involved with the transfer, the name

and call sign of the vessel receiving or

delivering groundfish or groundfish

products.

(B) Port of landing. If a mothership or

catcher/processor and the transfer takes

place in port, the port of landing and

country, if a foreign location.

(C) Agent. (1) Except as provided in

paragraphs (g)(3)(ii)(C)(2) and

(g)(3)(ii)(C)(3) of this section, enter the

agent’s name, which, for purposes of

this section, is defined as the buyer or

the distributor.

(2) If groundfish bait transfer or sales

are aggregated onto a PTR for a given

day as described at paragraph (g)(1)(ii)

of this section, enter ‘‘fishing vessels.’’

(3) If groundfish over-the-counter

sales are aggregated onto a PTR for a

given day as described at paragraph

(g)(1)(iii) of this section, enter ‘‘over-thecounter sales.’’

(D) Intended first destination of

product. (1) If an offload or shipment,

the intended destination of the vessel or

agent receiving the groundfish or

groundfish product.

(2) If an offload or shipment has

several destinations, the first intended

destination.

(3) If offload or shipment has a single

destination but requires loading on

multiple vans, trucks, or airline flights,

the transfer may be recorded on a single

PTR page.

(4) If groundfish bait sales are

aggregated onto a PTR for a given day

as described at paragraph (g)(1)(ii) of

this section, enter ‘‘bait.’’

(5) If groundfish over-the-counter

sales are aggregated onto a PTR for a

given day as described at paragraph

(g)(1)(iii) of this section, enter ‘‘over-thecounter sales.’’

(E) Date and time of product

transfer—(1) Start. Except as provided

in paragraphs (g)(3)(ii)(E)(1)(i) and (ii) of

this section, the date and time, as

described in paragraph (a)(6)(iii) of this

section the transfer starts.

(i) Bait sales. If groundfish bait sales

are aggregated onto a PTR for a given

day, the transfer start time is the time of

the first bait sale.

(ii) Over-the-counter sales. If

groundfish over-the-counter sales are

aggregated onto a PTR for a given day,

the transfer start time is the time of the

first over-the-counter sale.

(2) Finish. Except as provided in

paragraphs (g)(3)(ii)(E)(2)(i) through (v)

of this section, the date and time, as

described in paragraph (a)(6)(iii) of this

section, the transfer is completed.

(i) Individual van or flight. If

shipment is an individual van load or

flight, the date and time when each

shipment leaves the plant.

(ii) Multiple vans or trucks. If

shipment involves multiple vans or

trucks, record date and time when the

last van or truck of the day leaves the

plant.

(iii) Multiple airline flights. If

shipment involves multiple airline

flights, record date and time when the

last airline flight shipment of the day

leaves the plant.

(iv) Bait sales. If PTR is for aggregated

groundfish bait sales for a given day, the

transfer finish time is the time of the last

bait sale.

(v) Over-the-counter sales. If PTR is

for aggregated groundfish over-thecounter sales for a given day, the

transfer finish time is the time of the last

over-the-counter sale.

(F) Position transferred. If a catcher/

processor or mothership and transfer of

product is made at sea, the latitude and

longitude of the transfer position in

degrees and minutes.

(iii) Products and quantities

offloaded, shipped, or received. The

operator of a catcher/processor or

mothership or manager of a shoreside

processor must record the following

information:

(A) If a catcher/processor or

mothership, the harvest zone code of the

area in which groundfish were

harvested as defined in Table 8 to this

part.

(B) The species code and product

code for each product transferred as

defined in Tables 1 and 2 to this part.

(C) The number of cartons or

production units transferred.

(D) The average net weight of one

carton for each species and product

code in kilograms or lbs.

(E) The total net weight (fish product

weight, to the nearest 0.001 mt) of the

products transferred.

(iv) Total or partial offload. If a

catcher/processor or mothership,

whether the transfer is a total or partial

offload. If partial offload, the total fish

product weight, to the nearest 0.001 mt,

of the products (by harvest zone, species

and product codes) remaining on board

after this transfer.

(h) Check-in/check-out report—(1)

Applicability—(i) Transit between

reporting areas. If a vessel is transiting

through a reporting area and is not

fishing or receiving fish, a check-in or

check-out report is not required from

that area.

(ii) Multiple vessel operations

categories—(A) Check-in report. If a

catcher/processor is functioning

simultaneously as a mothership in the

same reporting area, the operator must

submit a separate check-in report for

each vessel operations category.

(B) Check-out report. Upon

completion of each activity, the operator

must submit a check-out report for each

vessel operations category.

(2) Time limits and submittal—(i)

Check-in report (BEGIN message)—(A)
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47363

Catcher/processor—(1) Using hook-andline or pot gear. (i) Before the operator

of a catcher/processor using hook-andline or pot gear sets gear for groundfish

in any reporting area except 300, 400,

550, or 690, the operator must submit a

check-in report (BEGIN message) by fax

to the Regional Administrator.

(ii) The operator of a catcher/

processor using hook-and-line or pot

gear may be checked-in to more than

one area simultaneously.

(2) Using other than hook-and-line or

pot gear. (i) Before the operator of a

catcher/processor using other than

hook-and-line or pot gear commences

fishing for groundfish in any reporting

area except 300, 400, 550, or 690, the

operator must submit a check-in report

(BEGIN message) by fax to the Regional

Administrator.

(ii) The operator of a catcher/

processor using other than hook-andline or pot gear may be checked-in to

only one area at a time.

(B) Mothership, shoreside processor,

buying station. (1) Before a mothership,

shoreside processor, or buying station

commences receipt of groundfish from

any reporting area except 300, 400, 550,

or 690, the operator or manager must

submit a check-in report (BEGIN

message) by fax to the Regional

Administrator.

(2) The operator of a mothership may

be checked into more than one area

simultaneously.

(C) Directed fishing under a CDQ

allocation. The operator must submit by

fax a check-in report to the Regional

Administrator prior to directed fishing

for each CDQ allocation.

(ii) Check-out report (CEASE

message)—(A) Catcher/processor—(1)

Using hook-and-line or pot gear. (i) If a

catcher/processor using hook-and-line

or pot gear departs a reporting area and

gear retrieval is complete from that area,

the operator must submit by fax a checkout report to the Regional Administrator

within 24 hours after departing a

reporting area.

(ii) If a catcher/processor using hookand-line or pot gear is checked-in to

multiple reporting areas, the operator

must submit a check-out report for each

reporting area by fax.

(2) Using other than hook-and-line or

pot gear. If a catcher/processor using

other than hook-and-line or pot gear

departs a reporting area, the operator

must submit by fax a check-out report

to the Regional Administrator within 24

hours after departing a reporting area

but prior to checking-in another

reporting area.

(B) Mothership or buying station

delivering to a mothership. (1) If a

mothership or buying station delivering

to a mothership completes receipt of

groundfish, the operator must submit a

check-out report by fax to the Regional

Administrator within 24 hours after

departing a reporting area.

(2) If a mothership is checked-in to

multiple reporting areas, the operator

must submit a check-out report for each

reporting area by fax.

(C) Shoreside processor. If a shoreside

processor, the manager:

(1) Must submit a check-out report by

fax to the Regional Administrator within

48 hours after the end of the applicable

weekly reporting period that a shoreside

processor ceases to process groundfish

for the fishing year.

(2) May submit a check-out report by

fax to the Regional Administrator when

receipt or processing of groundfish is

temporarily halted during the fishing

year for a period of at least two weekly

reporting periods.

(D) Buying station delivering to a

shoreside processor. If a land-based

buying station delivering to a shoreside

processor, the manager:

(1) Must submit a check-out report by

fax to the Regional Administrator within

24 hours after delivery of groundfish

ceases for the fishing year.

(2) May submit a check-out report by

fax to the Regional Administrator when

receipt of groundfish is temporarily

halted during the fishing year for a

period of at least two weekly reporting

periods.

(E) End of fishing year. If a check-out

report has not previously been

submitted during a fishing year, the

operator or manager must submit a

check-out report at the end of that

fishing year, December 31.

(F) Directed fishing under a CDQ

allocation. The operator must submit a

check-out report by fax to the Regional

Administrator within 24 hours after

directed fishing for each species under

each CDQ allocation has ceased.

(3) General information. In addition to

requirements described in paragraphs

(a) and (b) of this section, the operator

of a catcher/processor, mothership, or of

a buying station delivering to a

mothership or the manager of a

shoreside processor or buying station

delivering to a shoreside processor must

record:

(i) BEGIN message—(A) Mothership.

(1) Date (month-day-year) and time (to

the nearest hour, A.l.t.) that receipt of

groundfish begins.

(2) Latitude and longitude of position

in degrees and minutes where

groundfish receipt begins.

(3) Reporting area code where

groundfish receipt begins and whether

mothership is receiving groundfish in

the COBLZ or RKCSA area.

(4) Primary and secondary species

expected to be received the following

week. A change in intended target

species within the same reporting area

does not require a new BEGIN message.

(5) Whether acting as a mothership or

catcher/processor.

(B) Catcher/processor. (1) Date

(month-day-year) and time (to the

nearest hour, A.l.t.) that gear is

deployed.

(2) Latitude and longitude of position

in degrees and minutes where gear is

set.

(3) Reporting area code where gear

deployment begins and whether

catcher/processor is located in the

COBLZ or RKCSA area.

(4) Primary and secondary species

expected to be harvested the following

week. A change in intended target

species within the same reporting area

does not require a new BEGIN message.

(5) Whether acting as a mothership or

catcher/processor.

(C) Shoreside processor. (1) Date

(month-day-year) the facility will begin

to receive groundfish.

(2) Whether checking in for the first

time at the beginning of the fishing year

or checking in to restart receipt and

processing of groundfish after filing a

check-out report.

(D) Buying station. (1) If delivering to

a mothership, reporting area code where

groundfish receipt begins.

(2) Date (month-day-year) facility will

begin to receive groundfish.

(3) Whether checking in at the

beginning of the fishing year or

checking in to restart after filing a

check-out report.

(4) Intended primary target species

expected to be received the following

week. A change in intended target

species within the same reporting area

does not require a new BEGIN message.

(ii) CEASE message—(A) Mothership.

Date (month-day-year), time (to the

nearest hour, A.l.t.), and latitude and

longitude of position in degrees and

minutes where the last receipt of

groundfish was made.

(B) Catcher/processor. Date (monthday-year), time (to the nearest hour,

A.l.t.), and latitude and longitude of

position in degrees and minutes where

the vessel departed the reporting area.

(C) Shoreside processor. Date (monthday-year) that receipt of groundfish

ceased.

(D) Buying station. (1) If delivering to

a mothership, date (month-day-year),

time (to the nearest hour, A.l.t.), and

latitude and longitude of position in

degrees and minutes where the vessel

departed the reporting area.

(2) If delivering to a shoreside

processor, date (month-day-year) that

receipt of groundfish ceased.
47364 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

(iii) Fish or fish product held at plant.

The manager of a shoreside processor

must report the weight of all fish or fish

products held at the plant in lbs or to

the nearest 0.001 mt by species and

product codes on each check-in report

and on each check-out report.

(i) Weekly Production Report (WPR)—

(1) Applicability.

(i) The operator of a catcher/processor

or mothership or the manager of a

shoreside processor must submit a WPR

for any week the mothership, catcher/

processor, or shoreside processor is

checked in pursuant to paragraph

(h)(2)(i) of this section.

(ii) The operator of a vessel that is

authorized to conduct operations as

both a catcher/processor and as a

mothership must submit separate WPRs

to report production and discard as a

catcher/processor and production and

discard as a mothership.

(2) Time limits and submittal. The

operator or manager must submit a WPR

by fax to the Regional Administrator by

1200 hours, A.l.t., on the Tuesday

following the end of the applicable

weekly reporting period.

(3) Information required. In addition

to requirements described in paragraphs

(a) and (b) of this section, the operator

of a catcher/processor or mothership, or

manager of a shoreside processor must

record:

(i) The date (month-day-year) the

WPR was completed.

(ii) The primary and secondary target

codes for the following week.

(iii) If a mothership or catcher/

processor, record the processor type.

(j) Daily Production Report (DPR)—(1)

Notification. If the Regional

Administrator determines that DPRs are

necessary to avoid exceeding a

groundfish TAC or prohibited species

bycatch allowance, NMFS may require

submission of DPRs from motherships,

catcher/processors, and shoreside

processors for reporting one or more

specified species, in addition to a WPR.

NMFS will publish notification in the

Federal Register specifying the fisheries

that require DPRs and the dates that

submittal of DPRs are required.

(2) Applicability. (i) If a catcher/

processor or mothership is checked in to

the specified reporting area and is

harvesting, receiving, processing, or

discarding the specified species or is

receiving reports from a catcher vessel

of discard at sea of the specified species,

the operator must submit a DPR.

(ii) If a shoreside processor is

receiving, processing, or discarding the

specified species or is receiving reports

from a catcher vessel of discard at sea

of the specified species, the manager

must submit a DPR.

(iii) The operator of a catcher/

processor or mothership or the manager

of a shoreside processor must use a

separate DPR for each gear type,

processor type, and CDQ number.

(3) Time limit and submittal. The

operator or manager must submit a DPR

by fax to the Regional Administrator by

1200 hours, A.l.t., the day following

each day of landings, discard, or

production.

(4) Information required. In addition

to requirements described in paragraphs

(a) and (b) of this section, the operator

of a catcher/processor or mothership, or

the manager of a shoreside processor

must record the processor type.

(k) U.S. Vessel Activity Report

(VAR)—(1) Applicability. The operator

of a catcher vessel, catcher/processor, or

of a mothership regulated under this

part must submit a VAR by fax to NMFS

Alaska Enforcement Division, Juneau,

AK, before the vessel crosses the

seaward boundary of the EEZ off Alaska

or crosses the U.S.-Canadian

international boundary between Alaska

and British Columbia.

(2) Information required—(i) General.

In addition to requirements described in

paragraphs (a) and (b) of this section,

the operator of each catcher vessel,

catcher/processor, or mothership must

record:

(A) If the vessel is crossing into the

seaward boundary of the EEZ off Alaska

or crossing the U.S.-Canadian

international boundary between Alaska

and British Columbia into U.S. waters,

the operator must indicate a ‘‘return’’

report. ‘‘Return,’’ for purposes of this

paragraph, means coming back to

Alaska.

(B) If the vessel is crossing out of the

seaward boundary of the EEZ off Alaska

or crossing the U.S.-Canadian

international boundary between Alaska

and British Columbia into Canadian

waters, the operator must indicate a

‘‘depart’’ report. ‘‘Depart,’’ for purposes

of this paragraph, means leaving Alaska.

(C) Port of landing. If no fish on

board, indicate first destination.

(D) Whether the vessel is returning

from fishing or departing to fish in the

Russian Zone.

(E) Date (month-day-year) and time

(Greenwich mean time) the vessel will

cross the seaward boundary of the EEZ

off Alaska or the U.S.-Canadian

international boundary between Alaska

and British Columbia.

(F) Latitude and longitude of position

in degrees and minutes at the point of

crossing the seaward boundary of the

EEZ off Alaska or U.S.-Canadian

international boundary between Alaska

and British Columbia.

(ii) Fish or fish products. The operator

of a catcher vessel, catcher/processor, or

mothership must record the fish or fish

products on board the vessel when

crossing the seaward boundary of the

EEZ off Alaska or U.S.-Canadian

international boundary as follows:

(A) The harvest zone code of the area

in which groundfish were harvested as

defined in Table 8 to this part.

(B) The species code and product

code for each species on board as

defined in Tables 1 and 2 to this part.

(C) The fish product weight of

products on board in lbs or to the

nearest 0.001 mt.

(l) IFQ recordkeeping and reporting

requirements. In addition to the

recordkeeping and reporting

requirements in this section and as

prescribed in the annual management

measures published in the Federal

Register pursuant to §300.62 of chapter

III of this title, the following IFQ reports

are required, when applicable: prior

notices of landing, landing report,

shipment report, transshipment

authorization, vessel clearance report,

and departure report.

(1) Prior notice of IFQ landing—(i)

Applicability. Except as provided in

paragraph (l)(1)(iv) of this section, the

operator of any vessel making an IFQ

landing must notify the NMFS

Enforcement, Juneau, no fewer than 6

hours before landing IFQ halibut or IFQ

sablefish, unless permission to

commence an IFQ landing within 6

hours of notification is granted by a

clearing officer.

(ii) Time limits. Prior notice of an IFQ

landing must be made to the toll-free

telephone number specified on the IFQ

permit between the hours of 0600 hours,

A.l.t., and 2400 hours, A.l.t.

(iii) Information required. Prior notice

must include the following: Name of the

registered buyer(s) who will be

responsible for completion and

submission of the IFQ Landing

Report(s); the location of the landing;

vessel identification; estimated weight

of the IFQ halibut or IFQ sablefish that

will be landed; identification number(s)

of the IFQ card(s) that will be used to

land the IFQ halibut or IFQ sablefish;

and the date and time that the landing

will take place.

(iv) Exemption. The operator of a

category B, C, or D vessel, as defined at

§679.40(a)(5), making an IFQ landing of

IFQ halibut of 500 lb (0.227 mt) or less

of IFQ weight determined pursuant to

§679.42(c)(2) and concurrent with a

legal landing of salmon is exempt from

the prior notice of landing required by

this section.

(v) Revision to prior notice. The

operator of any vessel wishing to land
Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations 47365

IFQ halibut or IFQ sablefish before the

date and time reported in the prior

notice or later than 2 hours after the

date and time reported in the prior

notice must submit a new prior notice

of IFQ landing as described in

paragraphs (l)(1)(i) through (iii) of this

section.

(2) Landing report—(i) Applicability.

A registered buyer must report an IFQ

landing within 6 hours after all such

fish are landed and prior to shipment or

departure of the delivery vessel from the

landing site.

(ii) Electronic landing report. (A)

Electronic landing reports must be

submitted to NMFS Enforcement,

Juneau, using magnetic strip cards

issued by NMFS, Alaska Region, and

transaction terminals and printers

driven by custom-designed software, as

provided and/or specified by NMFS,

Alaska Region. It is the responsibility of

the registered buyer to locate or procure

a transaction terminal and report as

required. Waivers from the electronic

reporting requirement can only be

granted in writing on a case-by-case

basis by a local clearing officer.

(B) The IFQ cardholder must initiate

a landing report by using his or her own

magnetic card and personal

identification number (PIN).

(C) Once landing operations have

commenced, the IFQ cardholder and the

harvesting vessel may not leave the

landing site until the IFQ account is

properly debited. The offloaded IFQ

species may not be moved from the

landing site until the IFQ landing report

is received by NMFS Enforcement,

Juneau, and the IFQ cardholder’s

account is properly debited. A properly

concluded transaction terminal receipt

or manual landing report receipt

received by fax from NMFS

Enforcement, Juneau, constitutes

confirmation that NMFS received the

landing report and that the cardholder’s

account was properly debited. After the

registered buyer enters the landing data

in the transaction terminal and a receipt

is printed, the IFQ cardholder must sign

the receipt. Legible copies of the receipt

must be retained by both the registered

buyer and the IFQ cardholder pursuant

to paragraph (l)(7) of this section.

(iii) Manual landing report. (A) If a

waiver has been granted pursuant to

paragraph (l)(2)(ii) of this section,

manual landing instructions must be

obtained from NMFS Enforcement,

Juneau, at (800) 304–4846 or (907) 586–

7163. Completed manual landing

reports must be submitted by fax to

NMFS Enforcement, Juneau, at (907)

586–7313.

(B) The manual landing report must

be signed by the registered buyer, the

IFQ cardholder, and the NMFS

representative to show that the IFQ

cardholder’s account was properly

debited.

(iv) Time limits and submittals. (A)

An IFQ landing may commence only

between 0600 hours, A.l.t., and 1800

hours, A.l.t., unless:

(1) Permission to land at a different

time is granted in advance by a clearing

officer; or

(2) IFQ halibut of 500 lb (0.227 mt) or

less of IFQ weight determined pursuant

to §679.42(c)(2) is landed concurrently

with a legal landing of salmon by a

category B, C, or D vessel, as defined at

§679.40(a)(5).

(B) An IFQ landing report must be

completed and the IFQ account(s)

properly debited, as defined in

paragraph (l)(2)(ii)(C) of this section,

within 6 hours after the completion of

the IFQ landing.

(v) Landing verification and

inspection. Each IFQ landing and all

fish retained on board the vessel making

an IFQ landing are subject to

verification, inspection, and sampling

by authorized officers, clearing officers,

or observers. Each IFQ halibut landing

is subject to sampling for biological

information by persons authorized by

the IPHC.

(vi) Information required. The

registered buyer must enter accurate

information contained in a complete

IFQ landing report as follows: Date,

time, and location of the IFQ landing;

name and permit number of the IFQ

card holder and registered buyer; the

harvesting vessel’s ADF&G number; the

Alaska State fish ticket number(s) for

the landing; the ADF&G statistical area

of harvest reported by the IFQ

cardholder; if ADF&G statistical area is

bisected by a line dividing two IFQ

regulatory areas, the IFQ regulatory area

of harvest reported by the IFQ

cardholder; for each ADF&G statistical

area of harvest reported by the IFQ

cardholder, the product code landed

and initial accurate scale weight made

at the time offloading commences for

IFQ species sold and retained.

(3) Shipment report—(i) Requirement.

Each registered buyer, other than those

conducting dockside sales must:

(A) Complete a written shipment

report for each shipment or transfer of

IFQ halibut and IFQ sablefish from that

registered buyer before the fish leave the

landing site.

(B) Assure that a shipment report is

submitted to, and received by, NMFS

Enforcement, Juneau, by fax to (907)

586–7313 or mail to P.O. Box 21767,

Juneau, AK 99802–1767, within 7 days

of the date shipment commenced.

(C) Assure that a copy of the shipment

report or a bill of lading containing the

same information accompanies the

shipment of IFQ species from the

landing site to the first destination

beyond the location of the IFQ landing.

(ii) Information required. A shipment

report must specify the following:

Species and product type being

shipped, number of shipping units, fish

product weight, names of the shipper

and receiver, names and addresses of

the consignee and consignor, mode of

transportation, and intended route.

(iii) Revision to shipment report. Each

registered buyer must ensure that, if any

information on the original Shipment

Report changes prior to the first

destination of the shipment, a revised

shipment report is submitted to NMFS

Enforcement, Juneau, clearly labeled

‘‘Revised Shipment Report’’ and that the

revised shipment report be received by

NMFS Enforcement, Juneau, within 7

days of the change.

(iv) Dockside sale or outside

landing—(A) Dockside sale.(1) A

registered buyer conducting dockside

sales must issue a receipt in lieu of a

shipment report, that includes the date

of sale or transfer, the registered buyer

permit number, and the fish product

weight of the IFQ sablefish or halibut

transferred to each individual receiving

IFQ halibut or IFQ sablefish.

(2) A person holding a valid IFQ

permit, IFQ card, and registered buyer

permit may conduct a dockside sale of

IFQ halibut or IFQ sablefish to a person

who has not been issued a registered

buyer permit.

(B) Outside landing. A person holding

a valid IFQ permit, IFQ card, and

registered buyer permit may conduct an

IFQ landing outside an IFQ regulatory

area or the State of Alaska to a person

who does not hold a registered buyer

permit.

(C) Landing report. The person

making such an IFQ landing as

described in paragraph (l)(3)(iv)(A) or

(B) of this section must submit an IFQ

landing report in the manner prescribed

in paragraph (l)(2) of this section before

any fish are sold, transferred, or

removed from the immediate vicinity of

the vessel with which they were

harvested.

(4) Transshipment authorization. No

person may transship processed IFQ

halibut or IFQ sablefish between vessels

without authorization by a clearing

officer. Authorization from a clearing

officer must be obtained for each

instance of transshipment at least 24

hours before the transshipment is

intended to commence. Requests for

authorization must specify the date and

location of the transshipment.
47366 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

(5) Vessel clearance—(i)

Applicability. The vessel operator who

makes an IFQ landing at any location

other than in an IFQ regulatory area or

in the State of Alaska must obtain

prelanding written clearance of the

vessel from a clearing officer and

provide the weight of IFQ halibut and

IFQ sablefish on board to the clearing

officer.

(ii) Responsibility. (A) A vessel

operator must land and report all IFQ

species on board at the same time and

place as the first landing of any species

harvested during an IFQ fishing trip.

(B) A vessel operator having been

granted a vessel clearance must submit

an IFQ landing report, required under

this section, for all IFQ halibut, IFQ

sablefish and products thereof that are

on board the vessel at the first landing

of any fish from the vessel.

(iii) Location of clearance—(A) State

of Alaska. The vessel operator that

obtains prelanding written clearance for

the vessel at a port in the State of Alaska

must obtain that clearance prior to

departing the waters of the EEZ adjacent

to the jurisdictional waters of the State

of Alaska, the territorial sea of the State

of Alaska, or the internal waters of the

State of Alaska.

(B) State other than Alaska, Departure

Report. (1) A vessel operator intending

to obtain a prelanding written clearance

for the vessel at a port in a state other

than Alaska must first provide a

departure report to NMFS Enforcement,

Juneau, prior to departing the waters of

the EEZ adjacent to the jurisdictional

waters of the State of Alaska, the

territorial sea of the State of Alaska, or

the internal waters of the State of

Alaska.

(2) Information required. The

departure report must include the

weight of the IFQ halibut or IFQ

sablefish on board and the intended

date and time the vessel will obtain

prelanding written clearance at that port

in a state other than Alaska.

(C) Foreign port other than Canada. A

vessel operator who lands IFQ species

in a foreign port must first obtain a

vessel clearance from a clearing officer

located at a primary port in the State of

Alaska as described in paragraph

(l)(5)(vi) of this section.

(D) Canadian ports. No person shall

make an IFQ landing in Canada other

than at the ports of Port Hardy, Prince

Rupert, or Vancouver, British Columbia.

(iv) Permits and cards. A vessel

operator obtaining a vessel clearance

must have a registered buyer permit and

one or more IFQ cardholders on board

with IFQ holdings equal to or greater

than all IFQ halibut and IFQ sablefish

on board.

(v) Inspection. A vessel for which a

vessel operator is seeking clearance is

subject to inspection of all fish,

logbooks, permits, and other documents

on board the vessel at the discretion of

the clearing officer.

(vi) Primary ports. Unless specifically

authorized on a case-by-case basis,

vessel clearances will be issued only by

clearing officers at the following

primary ports:

Port North latitude

West longitude

Akutan ............. 54°08′05′′ 165°46′20′′

Bellingham ...... 48°45′04′′ 122°30′02′′

Cordova .......... 60°33′00′′ 145°45′00′′

Craig ............... 55°28′30′′ 133°09′00′′

Dutch Harbor/

Unalaska.

53°53′27′′ 166°32′05′′

Excursion Inlet 58°25′00′′ 135°26′30′′

Homer ............. 59°38′40′′ 151°33′00′′

Ketchikan ........ 55°20′30′′ 131°38′45′′

King Cove ....... 55°03′20′′ 162°19′00′′

Kodiak ............. 57°47′20′′ 152°24′10′′

Pelican ............ 57°57′30′′ 136°13′30′′

Petersburg ...... 56°48′10′′ 132°58′00′′

St. Paul ........... 57°07′20′′ 170°16′30′′

Sand Point ...... 55°20′15′′ 160°30′00′′

Seward ............ 60°06′30′′ 149°26′30′′

Sitka ................ 57°03′ 135°20′

Yakutat ............ 59°33′ 139°44′

(6) Record retention. A copy of all

reports and receipts required by this

section must be retained by registered

buyers and be made available for

inspection by an authorized officer or a

clearing officer for a period of 3 years.

(m) Consolidated weekly ADF&G fish

tickets from motherships—(1)

Requirement. In addition to

requirements described in paragraphs

(a) and (b) of this section, the operator

of a mothership must ensure that the

combined catch for each catcher vessel

is summarized at the end of each weekly

reporting period by species on a

minimum of one ADF&G groundfish

fish ticket when the mothership receives

any groundfish from a catcher vessel

that is issued a Federal fisheries permit

under §679.4. (An ADF&G fish ticket is

further described (see §679.3) at Alaska

Administrative Code, 5 AAC Chapter

39.130).

(2) Information required. (i) The

operator of a mothership must ensure

that the following information is

imprinted or written legibly on the

consolidated weekly ADF&G fish ticket

from the catcher vessel operator’s State

of Alaska, Commercial Fisheries Entry

Commission (CFEC) permit card in

order to describe the CFEC permit

holder:

(A) Vessel name. Name of the catcher

vessel delivering the groundfish.

(B) Name. Name of CFEC permit

holder. If more than one operator is on

the same vessel during the same weekly

reporting period, complete a fish ticket

for each operator.

(C) Permit number. CFEC permit

number.

(D) ADF&G No. ADF&G catcher vessel

number.

(ii) The operator of a mothership must

ensure that the following information is

imprinted or written legibly on the

consolidated weekly ADF&G fish ticket

from the mothership’s CFEC processor

plate card in order to describe the

mothership:

(A) Processor code. ADF&G processor

code of mothership.

(B) Company. Identification of

mothership.

(iii) The operator of a mothership

must record on the consolidated weekly

ADF&G groundfish fish ticket the

following information obtained from the

catcher vessel operator:

(A) ADF&G No. The ADF&G number

of the catcher vessel delivering fish to

the mothership, if the catcher vessel is

different from the vessel identified in

the CFEC permit card.

(B) Date landed. The week-ending

date of the weekly reporting period

during which the mothership received

the groundfish from the catcher vessel.

(C) Port of landing or vessel

transshipped to. ‘‘FLD,’’ a code which

means floating processor.

(D) Type of gear used. Write in one of

the following gear types used by the

catcher vessel to harvest groundfish

received:

(1) Hook and line.

(2) Pot.

(3) Nonpelagic trawl.

(4) Pelagic trawl.

(5) Jig/troll.

(6) Other.

(iv) The operator of a mothership is

responsible for ensuring that the

following information is recorded on an

ADF&G fish ticket for each catcher

vessel:

(A) Code. Species code for each

species from Table 2 to this part, except

species codes 144, 168, 169, or 171.

(B) Statistical area. ADF&G 6-digit

statistical area in which groundfish

were harvested. If more than the

allowed eight statistical areas per fish

ticket is exceeded in a weekly reporting

period, complete a second fish ticket.

These statistical areas are defined in a

set of charts obtained at no charge from

Alaska Commercial Fisheries

Management & Development Division,

Department of Fish and Game, 211

Mission Road, Kodiak, AK, 99615–6399.

(C) Condition code. The product code

from Table 1 to this part which

describes the condition of the fish

received by the mothership from the
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catcher vessel. In most cases, this will

be product code 1, whole fish.

(D) Pounds. The landed weight of

each species to the nearest lb.

(E) Permit holder’s signature. The

signature of the catcher vessel CFEC

permit holder.

(F) Fish received by. The signature of

the mothership operator.

(3) Time limit and submittal. (i) The

operator of a mothership must complete

the consolidated weekly ADF&G

groundfish fish ticket for each catcher

vessel by 1200 hours, A.l.t., on Tuesday

following the end of the applicable

weekly reporting period.

(ii) The operator of a mothership must

submit the original consolidated weekly

ADF&G groundfish fish tickets (fax copy

is not acceptable) to Alaska Commercial

Fisheries Management & Development

Division, Department of Fish and Game,

211 Mission Road, Kodiak, AK, 99615–

6399, within 30 days after landings are

received.

6. In § 679.7, paragraphs (a)(1) and

(a)(2) and the heading of paragraph

(a)(5) are revised and paragraphs (a)(15)

and (a)(16) are added to read as follows:

§ 679.7 Prohibitions.

* * * * *

(a) * * *

(1) Federal fisheries permit. Fish for

groundfish in the GOA or BSAI with a

vessel of the United States that does not

have on board a valid Federal fisheries

permit issued pursuant to § 679.4.

(2) Inseason action or adjustment.

Conduct any fishing contrary to

notification of inseason action or

adjustment issued under § 679.20,

§ 679.21, or § 679.25.

* * * * *

(5) Prohibited species bycatch rate

standard. * * *

* * * * *

(15) Federal Processor Permit. Receive

or process groundfish harvested in the

GOA or BSAI by a shoreside processor

or vessel of the United States operating

solely as a mothership in Alaska State

waters that does not have on site a valid

Federal processor permit issued

pursuant to § 679.4(f).

(16) Retention of groundfish bycatch

species. Exceed the maximum retainable

groundfish bycatch amount established

under § 679.20(e).

* * * * *

7. In § 679.20, paragraphs (d)(1)(ii)(A),

(g)(2)(iii), and (g)(3) introductory text

are revised to read as follows:

§ 679.20 General limitations.

* * * * *

(d) * * *

(1) * * *

(ii) * * *

(A) Inseason adjustments. The

category allocations or apportionments

established under paragraph (c) of this

section may be revised by inseason

adjustments, as defined at § 679.25, for

a given species or species group or

pollock allowance, as identified by

regulatory area, subarea, or district, and,

if applicable, as further identified by

gear type.

* * * * *

(g) * * *

(2) * * *

(iii) The primary pollock product

must be distinguished from ancillary

pollock products in the DCPL required

under § 679.5(a)(9).

(3) Pollock product recovery rates

(PRRs). Use the product types and

standard PRRs for pollock found in

Table 3 to this part to calculate roundweight equivalents for pollock for

purposes of this paragraph (g):

* * * * *

8. In § 679.21, paragraphs (e)(7)(iv)(B),

(e)(7)(vii)(B), and (e)(7)(viii)(B) are

removed, and paragraphs (e)(7)(iv)(A),

(e)(7)(vii)(A), and (e)(7)(viii)(A) are

redesignated as paragraphs (e)(7)(iv),

(e)(7)(vii), and (e)(7)(viii), respectively,

and revised to read as follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(e) * * *

(7) * * *

(iv) COBLZ. Except as provided in

paragraph (e)(7)(i) of this section, if,

during the fishing year, the Regional

Administrator determines that U.S.

fishing vessels participating in any of

the trawl fishery categories listed in

paragraphs (e)(3)(iv)(B) through (F) of

this section will catch the COBLZ

bycatch allowance, or seasonal

apportionment thereof, of C. Opilio

specified for that fishery category under

paragraph (e)(3) of this section, NMFS

will publish in the Federal Register the

closure of the COBLZ, as defined in

Figure 13 to this part, to directed fishing

for each species and/or species group in

that fishery category for the remainder

of the year or for the remainder of the

season.

* * * * *

(vii) Chum salmon. If the Regional

Administrator determines that 42,000

non-chinook salmon have been caught

by vessels using trawl gear during

August 15 through October 14 in the

CVOA, defined under § 679.22(a)(5) and

in Figure 2 to this part, NMFS will

prohibit fishing with trawl gear for the

remainder of the period September 1

through October 14 in the Chum Salmon

Savings Area as defined in Figure 9, to

this part.

(viii) Chinook salmon. When the

Regional Administrator determines that

48,000 chinook salmon have been

caught by vessels using trawl gear in the

BSAI during the time period from

January 1 through April 15, NMFS will

prohibit fishing with trawl gear for the

remainder of that period within the

Chinook Salmon Savings Area as

defined in Figure 8 to this part.

* * * * *

9. In § 679.22, paragraphs (a)(3),

(a)(5)(i), (a)(6), and (a)(9) are revised; in

paragraphs (a)(7)(ii), (a)(8)(ii), and

(b)(2)(ii) the cross-reference ‘‘§ 679.20’’

is changed to read ‘‘§ 679.20(d);’’ a new

heading is added to paragraph (a)(10);

and a new paragraph (i) is added to read

as follows:

§ 679.22 Closures.

(a) * * *

(3) Red King Crab Savings Area

(RKCSA). Directed fishing for

groundfish by vessels using trawl gear

other than pelagic trawl gear is

prohibited at all times, except as

provided at § 679.21(e)(4)(ii)(B), in that

part of the Bering Sea subarea defined

as RKCSA in Figure 11 to this part.

* * * * *

(5) * * *

(i) Inshore component. The CVOA

(see Figure 2 to this part) is established

annually from the beginning of the

second season of directed fishing for

pollock defined at § 679.23(e) until

either the date that NMFS determines

that the pollock quota for processing by

the inshore component has been

harvested, or December 31, whichever is

earlier.

* * * * *

(6) Pribilof Island Area Habitat

Conservation Zone. Trawling is

prohibited at all times in the area

defined in Figure 10 to this part as the

Pribilof Island Area Habitat

Conservation Zone.

* * * * *

(9) Nearshore Bristol Bay Trawl

Closure. Directed fishing for groundfish

by vessels using trawl gear in Bristol

Bay, as described in the current edition

of NOAA chart 16006, is closed at all

times in the area east of 162°00′ W.

long., except that the Nearshore Bristol

Bay Trawl Area defined in Figure 12 to

this part is open to trawling from 1200

hours A.l.t., April 1 to 1200 hours A.l.t.,

June 15 of each year.

(10) Chum Salmon Savings Area.

* * *

* * * * *

(i) Forage fish closures. See

§ 679.20(i)(3).
47368 Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /Rules and Regulations

10. In § 679.23, the headings of

paragraphs (a), (d), and (e) and

paragraph (g)(3) are revised and the term

‘‘Western Alaska Community

Development Quota’’ is replaced with

‘‘CDQ’’ in paragraphs (e)(2)(ii) (C) and

(D) to read as follows.

§ 679.23 Seasons.

(a) Groundfish, general. * * *

* * * * *

(d) GOA groundfish seasons. * * *

(e) BSAI groundfish seasons. * * *

* * * * *

(g) * * *

(3) Catches of sablefish in excess of

the maximum retainable bycatch

amounts and catches made without IFQ

must be treated in the same manner as

prohibited species as defined at

§ 679.21(b).

11. In § 679.41, the section heading is

revised, and the headings to paragraphs

(e)(1) through (3) are added to read as

follows:

§ 679.41 Transfer of quota shares and IFQ.

* * * * *

(e) * * *

(1) General. * * *

(2) Sablefish. * * *

(3) Halibut. * * *

12. In § 679.42, paragraphs (c)(1)(iv),

(c)(2) introductory text, and (c)(2)(ii) are

revised and a heading is added to

paragraph (c)(2)(i) to read as follows:

679.42 Limitations on use of QS and IFQ.

* * * * *

(c) * * *

(1) * * *

(iv) Sign the IFQ landing report

required by §§ 679.5(l)(2)(ii)(C) and

(iii)(B).

(2) The scale weight of the halibut or

sablefish product actually measured at

the time of landing, required by

§ 679.5(l)(2)(vi) to be included in the

IFQ landing report, shall be the only

source of information used by NMFS to

debit an IFQ account. An IFQ account

will be debited as follows:

(i) Sablefish product. * * *

(ii) Halibut product. For halibut

product, multiplying the scale weight at

the time of landing by the conversion

factor found in Table 3 to this part that

corresponds to the product code

reported in the IFQ landing report.

* * * * *

13. In part 679, Tables 1, 2, 3, 7, 10,

and 11 to this part and Figures 2 and 7

to this part are revised and Figures 8

through 15 to this part are added to read

as follows:

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Figure 15 to Part 679. Regulatory Areas for the Pacific Halibut Fishery b. Coordinates

Area 2A includes all waters off the states of California, Oregon, and Washington;

Area 2B includes all waters off British Columbia;

Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Spencer Light (58°11′57′′

N. lat., 136°38′18′′ W. long.) and south and east of a line running 205° true from said light;

Area 3A includes all waters between Area 2C and a line extending from the most northerly point on Cape Aklek

(57°41′15′′ N. lat., 155°35′00′′ W. long.) to Cape Ikolik (57°17′17′′ N. lat., 154°47′18′′ W. long.), then along the

Kodiak Island coastline to Cape Trinity (56°44′50′′ N. lat., 154°08′44′′ W. long.), then 140° true;

Area 3B includes all waters between Area 3A and a line extending 150° true from Cape Lutke (54°29′00′′ N. lat.,

164°20′00′′ W. long.) and south of 54°49′00′′ N. lat. in Isanotski Strait;

Area 4A includes all waters in the GOA west of Area 3B and in the Bering Sea west of the closed area defined

below that are east of 172°00′00′′ W. long. and south of 56°20′00′′ N. lat.;

Area 4B includes all waters in the Bering Sea and the GOA west of Area 4A and south of 56°20′00′′ N. lat.;

Area 4C includes all waters in the Bering Sea north of Area 4A and north of the closed area defined below which

are east of 171°00′00′′ W. long., south of 58°00′00′′ N. lat., and west of 168°00′00′′ W. long.;

Area 4D includes all waters in the Bering Sea north of Areas 4A and 4B, north and west of Area 4C, and west

of 168°00′00′′ W. long.;

Area 4E includes all waters in the Bering Sea north and east of the closed area defined below, east of 168°00′00′′

W. long., and south of 65°34′00′′ N. lat.

Closed areas

All waters in the Bering Sea north of 54°49′00′′ N. lat. in Isanotski Strait that are enclosed by a line from Cape

Sarichef Light (54°36′00′′ N. lat., 164°55′42′′ W. long.) to a point at 56°20′00′′ N. lat., 168°30′00′′ W. long.; thence

to a point at 58°21′25′′ N. lat., 163°00′00′′ W. long.; thence to Strogonof Point (56°53′18′′ N. lat., 158°50′37′′ W.

long.); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at

Cape Sarichef Light.

In Area 2A, all waters north of Point Chehalis, WA (46°53′18′′ N. lat.).

[FR Doc. 98 23732 Filed 9–3–98; 8:45 am]

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