Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits, 55368-55420 [E8-21722]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 679 and 680
[Docket No. 080302360–8575–03]
RIN 0648–AT91
Pacific Halibut Fisheries; Bering Sea
and Aleutian Islands King and Tanner
Crab Fisheries; Groundfish Fisheries
of the Exclusive Economic Zone Off
Alaska; Individual Fishing Quota
Program; Western Alaska Community
Development Quota Program;
Recordkeeping and Reporting; Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Supplemental proposed rule;
reopening of comment period.
rwilkins on PROD1PC63 with PROPOSALS2
AGENCY:
SUMMARY: This supplemental proposed
rule provides specific information and
further explanation regarding a June 29,
2007 (72 FR 35748) NMFS proposed
rule that set out new recordkeeping and
reporting requirements; a new electronic
groundfish catch reporting system,
Interagency Electronic Reporting
System, and its data entry component,
eLandings; the integration of eLandings
with existing logbook requirements and
future electronic logbooks; a variety of
fisheries permits provisions and
revisions to regulations governing the
Bering Sea and Aleutian Islands
Management Area Crab Rationalization
Program, including fee calculations; a
revision to a Sitka Pinnacles Marine
Reserve closure provision; and a
revision to a groundfish observer
provision regarding at-sea vessel-tovessel transfers.
DATES: Comments must be received on
or before on October 24, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
AT91’’ by any of the following methods:
• Webform at the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions at that site for submitting
comments.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Hand Delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
• Fax: 907–586–7557.
Instructions: All comments received
are a part of the public record and
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generally will be posted to https://
www.regulations.gov without change.
NMFS will accept anonymous
comments. NMFS will accept
attachments to electronic comments if
they are in Microsoft Word, Excel,
WordPerfect, or Adobe portable
document file (pdf) file formats. All
comments submitted on the original
proposed rule for RIN 0648–AT91,
published June 29, 2007 (72 FR 35748)
will still be considered in the
rulemaking process and do not need to
be resubmitted.
Copies of the Categorical Exclusion
(CE), Regulatory Impact Review (RIR),
and Initial Regulatory Flexibility
Analysis (IRFA) prepared for the
original proposed rule may be obtained
from the NMFS Alaska Region, P.O. Box
21668, Juneau, AK 99802, Attn: Ellen
Sebastian, or by calling the Alaska
Region, NMFS, at 907–586–7228, or
from the NMFS Alaska Region Web site
at https://www.alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Patsy A. Bearden, 907–586–7008.
SUPPLEMENTARY INFORMATION: NMFS
published a proposed rule in the
Federal Register on June 29, 2007 (72
FR 35748). The original proposed rule is
available via the Internet (https://
www.alaskafisheries.noaa.gov) and from
NMFS (see ADDRESSES). A detailed
description of the original proposed rule
was provided in the preamble to the
original proposed rule and is not
repeated here. This supplemental
proposed rule explains the
reorganization of materials within the
current recordkeeping and reporting
(R&R) regulatory text to integrate
electronic and non-electronic
requirements.
Comments and Responses
NMFS received two e-mails
containing nine comments on the
original proposed rule. Responses to all
nine comments follow:
Comment 1: The commenter pointed
out that no East or West component is
requested in regulations and logbooks
when describing position coordinates in
latitude and longitude and that an East
or West component is necessary to
describe both the beginning position
and the end position of gear.
Response: NMFS agrees. Regulations
governing the information requirements
of logbooks in § 679.5(c) are proposed in
this supplement to include an East or
West component.
Comment 2: The commenter pointed
out that in the logbooks, the space
allocated for the date and time of gear
retrieval is only big enough for either
the date or the time, but not both, and
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requests that the logbooks be redesigned
to provide more space to record this
information.
Response: NMFS agrees. NMFS will
adjust the format of the logbooks at the
next printing. No change to the
regulatory text in the proposed rule is
needed to respond to this comment.
Comment 3: In the daily fishing
logbook, it is not clear what NMFS is
requesting when asking for the target
species code and the estimated total
round weight. The commenter suggests
that it be made very clear that only a
single Target Species Code is to be used
(and that it be the species code of the
desired target) and also that the
Estimated Total Round Catch Weight
either refers to that single Target Species
Code or else refers to the entire catch,
whichever is the intent of the
recordkeeping form.
Response: NMFS agrees. Regulations
governing the information requirements
of logbooks in § 679.5(c) are proposed in
this supplement to add the requirement
to ‘‘Enter only a single target species
code of the desired target.’’ In addition,
the data element ‘‘estimated total round
catch weight’’ was changed to ‘‘total hail
weight.’’ This change was intended to
make it clear that the estimated quantity
of the entire catch is to be recorded in
that space.
Comment 4: On the daily cumulative
production logbook (DCPL), the operator
frequently tries to put two or even three
improved retention/improved
utilization (IR/IU) Species Codes in a
single box and a like number of IR/IU
Species Weights in a single box. These
are often unreadable and of no value.
The commenter suggests that it be made
very clear that only a single IR/IU
Species Code is to be used (and that it
be the species code associated with the
largest amount of catch) and that the IR/
IU Species Weight either refers to that
single IR/IU or else refers to the
combined total IR/IU catch, whichever
is the intent of the recordkeeping form.
Response: NMFS requires all species
to be recorded, not just the largest catch,
and would adjust the logbook
requirements at § 679.5(c) to be more
clear on that point by adding the
requirements ‘‘Use one line to record
information for each IR/IU species,
including species code and amount of
catch. If more than one IR/IU species is
to be recorded, the operator must use a
separate line for each species.’’
Comment 5: Several vessel operators,
when filling out the DCPL Total Haul
Weight, first subtract the IR/IU weight
and fill the remainder in the Total Haul
Weight column (they first record the
true Total Haul Weight, cross it out and
put in a lesser value that is always the
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remainder). Clearer instructions on how
to fill out these fields are necessary.
Response: The transition between
older and new NMFS logbooks caused
this to happen. In current DCPLs, the
information requested is the total hail
weight, which is the estimated total
weight of the entire catch. No change to
the regulatory text in the proposed rule
is needed to respond to this comment.
Comment 6: Cut all quotas allowed by
50 percent this year and by 10 percent
each subsequent year.
Response: This rule would implement
revisions to electronic recordkeeping
and reporting and several miscellaneous
adjustments to the regulations at 50 CFR
part 679. These revisions have no
relationship to the establishment of
harvest specifications or the assignment
of quotas or allocations in the North
Pacific groundfish fisheries, so this
comment is outside the scope of this
rulemaking.
Comment 7: Establish marine
sanctuaries where no ships can go to
fish and do it now [sic].
Response: The proposed rule did not
address the establishment of marine
sanctuaries, so this comment is outside
the scope of this rulemaking.
Comment 8: Get satellite inspections
of what these commercial fishing
profiteers are actually doing out there
instead of what they tell you they do
[sic].
Response: In 1988, the NOAA
Fisheries Office for Law Enforcement
(OLE) embarked on a satellite-based
vessel monitoring program using vessel
monitoring systems (VMS) to locate
high-seas drift-net fishing vessels and
monitor compliance with area
restrictions in the North Pacific Ocean.
VMS allows the OLE to monitor and
survey vessels over vast expanses of
open water while maintaining the
confidentiality of fishing positions.
VMS allows the OLE to use 21st century
technologies to monitor compliance,
track violators, and provide substantial
evidence for prosecution while
maintaining the integrity of the
individual fisherman’s effort. Visit
OLE’s Web site at https://
www.nmfs.noaa.gov/ole/ak_alaska.html
for more information. Changes to VMS
requirements are outside the scope of
the proposed rule, and no changes were
made in response to this comment.
Comment 9: The commenter
incorporates The Los Angeles Times
five-part series on what is happening to
our seas into the comment. The
commenter believes that commercial
fishing is doing damage to the seas and
asks NMFS to take remedial action.
Response: This comment is outside
the scope of the proposed rule, and no
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changes were made in response to this
comment.
Background and Need for Action
In addition to the changes from the
original proposed rule in response to
comments described in the previous
section, NMFS identified the need for
the changes described in this
supplemental proposed rule after the
original proposed rule was published.
The identified additional changes are
described below. These changes are
necessary to fully and effectively
implement regulatory revisions
described in the original proposed rule.
Section 679.2 Definitions
The original proposed rule added and
revised definitions at § 679.2. The
supplemental proposed rule would
revise the definitions for ‘‘active/
inactive periods’’ to show the correct
cross-reference to ‘‘active period’’ for
catcher vessels using trawl gear, catcher
vessels using longline or pot gear,
catcher/processors using trawl gear,
catcher/processors using longline or pot
gear, and motherships.
The original proposed rule revised the
definition for ‘‘haul’’ by removing a
cross-reference and adding defining
text; the supplemental proposed rule
would revise that definition by
removing the words ‘‘new or repaired’’
and refer only to ‘‘a test of trawl gear.’’
This would ensure that the definition of
‘‘haul’’ would include any fishing for
purposes of testing gear rather than
limiting the definition to testing only
new or repaired trawl gear.
The original proposed rule added a
definition for ‘‘Interagency electronic
reporting system (IERS)’’; the
supplemental proposed rule would
revise that definition by adding ‘‘named
eLandings’’ after ‘‘client software’’ to
specify the relationship between IERS
and eLandings.
The original proposed rule added a
definition for ‘‘non-individual entity’’ in
an effort to standardize the terms used
to describe an entity other than an
individual. The intention was to replace
the term ‘‘other entity’’ with the new
term ‘‘other non-individual entity’’ in
all places in part 679 where the term
‘‘other entity’’ does not refer to an
individual. Further, the intention was to
add ‘‘other non-individual entity’’ in
paragraphs that referred to entities of a
similar nature, i.e., corporations,
associations, and partnerships.
However, the original proposed rule did
not include additional necessary
revisions to other relevant regulations.
This supplemental proposed rule would
make the necessary additional revisions
in §§ 679.2, 679.40, 679.41, and 679.42.
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55369
The original proposed rule added a
definition for ‘‘Permit.’’ The
supplemental proposed rule would
revise that definition by removing
‘‘endorsement’’ as a type of permit,
which is incorrect, because an
endorsement is not a permit but rather
a limitation of a permit. It would also
replace existing text with
documentation granting permission to
fish, and including ‘‘license’’ as a type
of permit.
The original proposed rule added a
definition for ‘‘User.’’ The supplemental
proposed rule would revise that
definition by adding ‘‘an individual
representative of a’’ at the beginning of
the sentence, prior to the list of entities,
to specify that a User of eLandings is an
individual within an entity. In addition,
the supplemental proposed rule would
remove ‘‘an owner, operator, manager of
a,’’ as these terms are not appropriate for
this definition.
Section 679.4 Permits
Section 679.4 describes most of the
permit requirements available for the
Exclusive Economic Zone (EEZ) off
Alaska. Section 679.4(a)(1) lists the
permits that are available for the EEZ off
Alaska, as well as permit effectiveness
information, and cross-references to
additional information for each permit.
The original proposed rule revised
entries for Registered Buyer permit
(§ 679.4(a)(1)(i)(A)), and added Scallop
License Limitation Program (LLP)
permit (§ 679.4(a)(1)(vii)(C)). The
supplemental proposed rule would
revise entries for groundfish permits
(§ 679.4(a)(1)(iv)(A) and (B)), and add
entries for Crab Rationalization Program
permits (§ 680.4(a)(1)(xiv)(A) through
(H)). These changes are necessary to
correct omissions from the original
proposed rule and to provide a complete
list of permits.
The original proposed rule revised
§ 679.4(a)(3)(i) and (a)(3)(iii) to provide
general permit information. The
supplemental proposed rule would
revise paragraph (a)(3)(iii) to be in the
active voice.
The original proposed rule added a
new § 679.4(a)(9) to include the
circumstances under which a
participant could surrender permits.
The supplemental proposed rule would
revise § 679.4(a)(9) by replacing
paragraphs (a)(9)(i) through (iv) with
text that describes generally the
procedure to surrender a permit. The
supplemental proposed rule would
revise the following regulations to place
specific surrender-of-a-permit
regulations in separate paragraphs and
to place a cross-reference to
§ 679.4(a)(9): § 679.4(b)(4)(ii) for
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surrender of a Federal Fisheries Permit
(FFP); § 679.4(d)(1)(iii) for surrender of
an Individual Fishing Quota (IFQ)
permit; § 679.4(d)(2)(iv) for surrender of
an IFQ hired master permit;
§ 679.4(d)(3)(v) for surrender of a
Registered Buyer permit; § 679.4(e)(2)
for surrender of a halibut Western
Alaska Community Development Quota
(CDQ) permit; § 679.4(e)(3) for surrender
of a CDQ hired master permit;
§ 679.4(f)(4)(ii) for surrender of a
Federal Processor Permit (FPP);
§ 679.4(k)(6)(x) for surrender of a
groundfish or crab LLP license;
§ 679.4(l)(5)(ii) for surrender of an
American Fisheries Act (AFA) inshore
processor permit; and redesignated
§ 679.4(l)(1)(ii)(C) to reformat and state
that AFA permits may not be
surrendered, except for AFA inshore
processor permits. In addition, the
supplemental proposed rule would
redesignate § 679.4(g)(1) as (g)(1)(i) and
add (g)(1)(ii) to describe surrender of the
Scallop LLP permit.
Section 679.5 Recordkeeping and
Reporting (R&R)
Section 679.5 describes most of the
recordkeeping and reporting
requirements for fisheries of the EEZ off
Alaska. The original proposed rule
reorganized and expanded this section.
This supplemental proposed rule would
improve the organization and
presentation of the § 679.5 regulations
and correct technical errors that
occurred in the original proposed rule.
Section 679.5(a) General R&R
Requirements. Section 679.5(a)
describes the R&R general requirements
and items that relate to several modes of
R&R. In the original proposed rule,
§ 679.5 was revised. In the supplemental
proposed rule, § 679.5(a)(1) heading
would be revised by adding
‘‘groundfish’’ before the words
‘‘logbooks’’ and ‘‘forms’’ to denote that
the logbooks and forms being discussed
are for the groundfish directed fisheries.
Paragraph (a)(1)(i) would be revised to
add a telephone number and fax number
where a participant may obtain more
information.
The supplemental proposed rule
would add introductory text at
§ 679.5(a) to summarize the different
types of R&R requirements formerly
found in Table 9, and indicate that
additional R&R requirements are found
at § 679.28. The heading of paragraph
(a)(1) would be revised by adding
‘‘groundfish’’ to denote that the
logbooks and forms discussed are for
use with the groundfish directed
fisheries. Paragraph (a)(1)(i) of § 679.5
would be revised to add a telephone
number and fax number where a
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participant could obtain more
information, and the last sentence of
paragraph (a)(1)(i) would be removed
because it does not contain regulatory
text. Paragraph (a)(1)(ii) would be
revised to add ‘‘written’’ between
‘‘Upon’’ and ‘‘notification’’ to ensure
that the notification to NMFS is written.
In § 679.5(a)(1)(i), (a)(2)(i), (a)(2)(ii),
(a)(5)(i), (a)(5)(ii), (a)(5)(ii)(A),
(a)(5)(ii)(B), and (a)(6), reference to
Table 9 to part 679 would be replaced
with cross-references to § 679.5 and
§ 679.28, as appropriate.
The original proposed rule created
§ 679.5(a)(1)(iii) to describe
‘‘management programs’’ in detail. This
data element is required in the DFLs,
DCPLs, and eLandings and, instead of
repeating the detailed description of
management programs, a cross reference
would be added to the appropriate
paragraphs referencing paragraph
(a)(1)(iii). The supplemental proposed
rule would revise paragraph (a)(1)(iii) by
removing the last sentence ‘‘If harvest is
not under one of these management
programs, leave blank’’. It is correct that
in the DFLs and DCPLs, the box would
be left blank if not listed under one of
the management programs; however
eLandings requires that this field be
completed and not left blank.
Paragraphs (e)(5)(i)(A)(3) and
(e)(6)(i)(A)(3) would be revised to add a
cross-reference to § 679.5(a)(1)(iii),
instead of taking the space to describe
‘‘management programs’’ again.
Paragraph (a)(3) describes fish that
must be recorded and reported.
Accurate and complete recording of fish
ensures that catch accounting for quotas
is as accurate as possible to prevent
overfishing or underfishing. Several
sources of fish information were
inadvertently omitted from the original
proposed rule and are included in the
supplemental proposed rule. The
supplemental proposed rule would
redesignate paragraphs (a)(3)(i) through
(iii) as (a)(3)(ii) through (a)(3)(iv),
respectively, to add a new paragraph
(a)(3)(i) entitled ‘‘Harvest information.’’
Harvest information is an essential data
element for management of the fisheries,
especially for the catcher/processors,
and must be recorded. Proposed
redesignated paragraph (a)(3)(ii) would
be revised to add ‘‘receipt of fish from
a buying station’’ as a method of
receiving fish that must be recorded.
Buying station fish is recorded in actual
practice, but inadvertently was omitted
from the original proposed rule. A
shoreside processor, stationary floating
processor (SFP), or mothership must
record fish received from a buying
station in order to account for all fish
received. Proposed redesignated
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paragraph (a)(3)(iii) would be revised to
add that the disposition of harvest, e.g.,
fish that were caught but not delivered,
such as fish eaten onboard or fish used
as bait onboard a vessel, must be
recorded so that these amounts are
counted against the quotas.
Paragraph (a)(4) describes exemptions
from R&R. The supplemental proposed
rule would revise paragraph (a)(4)(i) to
add at the beginning of the first sentence
‘‘Except for the vessel activity report
described at § 679.5(k).’’ The
requirement that all vessels provide a
vessel activity report under certain
conditions is long-standing. The
requirement was inadvertently omitted
from the original proposed rule, and this
proposed change would reestablish the
requirement in the regulations.
The supplemental proposed rule
would add new paragraph (a)(7) to
provide the detailed information needed
to record custom processing
information. Proposed paragraph
(c)(5)(ix), located in the original
proposed rule in the shoreside processor
DCPL section, would be redesignated as
paragraph (a)(7) and further revised. The
supplemental proposed rule would
move the requirements from paragraph
(c)(5) to paragraph (a)(7) because this
information is pertinent to shoreside
processors, SFPs, and motherships.
Section 679.5(c) Logbooks. The
supplemental proposed rule would
replace ‘‘50 CFR 300.60 through 300.65’’
with ‘‘§§ 300.60 through 300.65’’ to
correct the format of this citation in
paragraphs (c)(1)(vi)(B), (c)(3)(v)(G)(2),
and (c)(3)(v)(G)(3)(i) through (iii).
Paragraphs (c)(3)(vi)(H),
(c)(4)(vi)(H)(1), (c)(6)(vi)(F), and
(d)(4)(ix)(E) would be revised by
replacing ‘‘total retained weight’’ with
‘‘total weight.’’ This would correct the
definition of hail weight, which is an
estimate of the entire catch before
discard without regard to species.
Including the term ‘‘retained’’
incorrectly changes the meaning of hail
weight.
The supplemental proposed rule
would revise appropriate paragraphs in
DFL and DCPL sections to add
immediately before existing text ‘‘The
operator’s name must be printed in the
DFL or DCPL.’’ This text is currently
required in § 679.5(a)(5)(i) but was
overlooked in the original proposed
rule.
The supplemental proposed rule
would revise appropriate paragraphs in
DFL and DCPL sections to replace
‘‘operator signature’’ with ‘‘Operator
sign the completed logsheets.’’ This
would provide the signature
requirement within the time limit and
make the wording consistent with other
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descriptions elsewhere in the
regulations.
The original proposed rule would
reorganize and revise logbook
requirements, add sections to describe
requirements for each logbook, and
place logbook requirements in § 679.5(c)
under the heading ‘‘Logbooks vs.
eLandings and ELBs.’’ The
supplemental proposed rule would
revise the heading to read ‘‘Logbooks.’’
Section 679.5(c)(1) General
requirements. The original proposed
rule would create paragraph (c)(1) to
describe general requirements for
recording information in the DFL or
DCPL. The original proposed rule
compared the methods of recording/
reporting using logbooks with
eLandings and electronic logbooks
(ELBs) under paragraph (c)(1) ‘‘General
requirements’’ as follows: (i) Shoreside
processor or SFP, (ii) Mothership, (iii)
Catcher/processor, (iv) Catcher vessel,
(v) Registered Buyer, and (vi) Registered
Crab Receiver. The supplemental
proposed rule would remove paragraphs
(c)(1)(i) through (vi) and integrate that
information into the sections devoted to
each procedure. The purpose of this
integration would be to provide an
explanation of how the different
elements of the R&R procedure would
work together.
Paragraphs (c)(1)(vii) through (xii)
would be redesignated as (c)(1)(i)
through (vi), respectively. Proposed
redesignated paragraph (c)(1)(v)(A)
would be revised to correct the crossreference and to replace ‘‘the operator,
manager, or any other person may not
alter or change’’ with ‘‘no person may
alter or change’’ to ensure that no
unauthorized person could make
changes. Proposed redesignated
paragraph (c)(1)(v)(B) would be revised
to replace ‘‘may be corrected’’ with
‘‘must be corrected’’ to make clear this
text is a requirement. In all the logbook
data entry limit tables, the supplemental
proposed rule would change the
deadline for the operator to provide the
completed golden DFL or DCPL logsheet
to the observer before the observer
leaves the vessel.
Proposed redesignated paragraph
(c)(1)(vi)(B) would be revised to remove
‘‘or manager’’ because the requirement
for a shoreside processor DCPL would
be removed due to eLandings; therefore
the term ‘‘manager’’ would no longer
apply to this requirement. The table in
paragraph (c)(1)(vi)(B) would be revised
to remove the sub-column for ‘‘SS/SFP’’
and to remove ‘‘SS/SFP = shoreside
processor and SFP’’ in the table note.
This table would be further revised by
correcting the citation format for
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§§ 300.60 through 300.65 in the last row
of the ‘‘Submit to’’ column.
Section 679.5(c)(2) Recording active
and inactive time periods in the DFL or
DCPL. The original proposed rule
created new paragraph (c)(2) to describe
requirements for recording active and
inactive time periods in the DFL or
DCPL.
The supplemental proposed rule
would revise paragraphs (c)(2)(i),
(c)(2)(ii), and (c)(2)(iii) to remove each
instance of ‘‘or manager’’ because it also
would remove the requirement for a
shoreside processor DCPL and terms
associated with that requirement.
Paragraph (c)(2)(iii)(B) would be
removed because it refers to Part I of the
shoreside processor DCPL, and
paragraphs (c)(2)(iii)(C) through (G)
would be redesignated as (c)(2)(iii)(B)
through (F), respectively.
Section 679.5(c)(3) Longline or pot
gear catcher vessel DFL and catcher/
processor DCPL. The original proposed
rule created new paragraph (c)(3) to
describe requirements for the longline
and pot gear catcher vessel DFL and
catcher/processor DCPL. The
supplemental proposed rule would
redesignate paragraph (c)(3)(i)
introductory text as (c)(3)(i)(A) and (B)
to describe separately the requirements
for a catcher vessel and a catcher/
processor.
The supplemental proposed rule
would revise paragraphs (c)(3)(i)(A)(1),
(c)(3)(i)(A)(2), (c)(3)(i)(B)(1), and
(c)(3)(i)(B)(2) to describe the
requirement for completing the catcher
vessel longline or pot ELB, described at
§ 679.5(f). The statement, ‘‘must use a
combination of catcher/processor
longline or pot gear DCPL and
eLandings’’ would replace ‘‘must
maintain a longline and pot gear DCPL’’
in paragraph (c)(3)(i)(A)(2) as part of the
integration language for the DCPL and
ELB.
The original proposed rule created
new paragraph (c)(3)(ii), entitled, ‘‘Data
entry time limits.’’ The supplemental
proposed rule would redesignate
(c)(3)(ii) introductory text as (c)(3)(ii)(A)
and (B) and revise these paragraphs to
each have a separate table describing the
data entry time limits for a catcher
vessel and for a catcher/processor. The
catcher/processor table under paragraph
(c)(3)(ii)(B) would incorporate the use of
eLandings.
The supplemental proposed rule
would revise paragraph (c)(3)(iv)(A)(2)
to identify the paragraph numbers of the
information to be recorded in the
catcher vessel DFL if the catcher vessel
is active. It would revise paragraph
(c)(3)(iv)(B)(2) to describe separately the
information that must be recorded in the
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catcher/processor DCPL from that
recorded in eLandings.
To reconcile with recent rule-making
(see 73 FR 30876, May 29, 2008), in
paragraph (c)(3)(iv)(B)(1), the
supplemental proposed rule would
revise the definition for active status of
a longline or pot gear catcher/processor
by removing ‘‘checked-in’’ as a reason
for being active and by adding ‘‘when
all or part of the longline or pot gear is
in the water or when processing.’’
Paragraph (c)(3)(v)(B) would be
revised to add a first sentence indicating
that the operator’s name must be printed
in the DFL or DCPL as currently
required in § 679.5(a)(5)(i) and to revise
the time limit for operator signature
consistent with revised paragraphs
(c)(3)(ii)(A)(6) and (c)(3)(ii)(B)(6) in the
supplemental proposed rule. Paragraph
(c)(3)(v)(D) would be revised to replace
‘‘of each IFQ holder aboard the vessel’’
with ‘‘each permit number of any IFQ
permit on which anyone aboard is
authorized to fish’’ to state more clearly
that all permit numbers under which
persons aboard a vessel may fish must
be recorded.
The original proposed rule created
new paragraph (c)(3)(vi) to describe
catch-by-set information in detail for
harvest by longline or pot gear. The
supplemental proposed rule would
make a distinction between deployment
of gear and the start position of the gear
by revising paragraph headings for
(c)(3)(vi)(B)(1), (2), and (3) because the
gear is not catching fish until it is in
position to fish and to replace
‘‘deployment’’ with ‘‘begin position,’’
and between retrieval of gear and the
last position of the gear by revising
paragraph headings for (c)(3)(vi)(C)(1),
(2), and (3) because the gear is not
catching fish when it is being hauled
onboard.
The original proposed rule created
new paragraph (c)(3)(vii) to describe
requirements for recording longline or
pot catcher/processor product
information in the DCPL. The
supplemental proposed rule would
remove existing text and add a
requirement for the operator of a
catcher/processor using longline or pot
gear to record all product information in
eLandings.
The original proposed rule created
new paragraph (c)(3)(ix) to describe
requirements for recording longline or
pot catcher/processor discard and
disposition information in the DCPL.
The supplemental proposed rule would
remove existing text and add a
requirement for the operator of a
catcher/processor using longline or pot
gear to record all discard and
disposition information in eLandings.
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Section 679.5(c)(4) Trawl gear catcher
vessel DFL and catcher/processor DCPL.
The original proposed rule created new
paragraph (c)(4) to describe
requirements for the trawl gear catcher
vessel DFL and catcher/processor DCPL.
The supplemental proposed rule
would redesignate paragraph
(c)(4)(ii)(A) as (c)(4)(ii)(B)(1) and revise
it by adding ‘‘or if required to use a
NMFS-approved scale, the scale weight
for each haul.’’ This change would
provide requirements on how to record
information when required to use scales
(e.g., Rockfish Pilot Program,
Amendment 80 Program, GRS Program).
The supplemental proposed rule
would redesignate paragraph
(c)(4)(vi)(H) as (c)(4)(vi)(H)(1) and
would revise it. Paragraph
(c)(4)(vi)(H)(2) would be added to
describe use of a NMFS-approved scale
on a catcher/processor. This would
provide requirements on how to record
information when required to use scales
(e.g., Rockfish Pilot Program,
Amendment 80 Program, GRS Program).
The supplemental proposed rule
would redesignate paragraph (c)(4)(i)
introductory text as (c)(4)(i)(A) and (B)
to describe separately the requirements
for a catcher vessel and a catcher/
processor and to refer to the option of
completing the catcher vessel trawl ELB
or catcher/processor trawl ELB,
described at § 679.5(f). The statement,
‘‘must use a combination of catcher/
processor trawl gear DCPL and
eLandings’’ would replace ‘‘must
maintain a trawl gear DCPL’’ in
paragraph (c)(4)(i)(A)(2) as part of the
integration language for the DCPL and
ELB.
The original proposed rule created
new paragraph (c)(4)(ii), entitled, ‘‘Data
entry time limits.’’ The supplemental
proposed rule would redesignate
(c)(4)(ii) introductory text as (c)(4)(ii)(A)
and (B) and revise these paragraphs to
each have a separate table to describe
the data entry timing limits for a catcher
vessel and for a catcher/processor. The
table for the catcher/processor under
paragraph (c)(4)(ii)(B) would
incorporate the use of eLandings.
The original proposed rule created
new paragraph (c)(4)(iv) to describe R&R
requirements when active. The
supplemental proposed rule would
revise paragraph (c)(4)(iv)(B)(1) by
revising the definition of ‘‘active’’ status
of a trawl catcher/processor to remove
‘‘checked-in’’ as a reason for being
active and by adding ‘‘when all or part
of the trawl net is in the water or when
processing’’. The supplemental
proposed rule would revise paragraph
(c)(4)(iv)(B)(2) to identify the paragraph
numbers of the information to be
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recorded in the DCPL and in eLandings.
Paragraph (c)(4)(v) would provide
identification information that is
recorded in both the DCPL and
eLandings.
The original proposed rule created
new paragraph (c)(4)(vii) to describe
requirements for recording trawl
catcher/processor product information
in the DCPL. The supplemental
proposed rule would remove existing
text and add a requirement for the
operator of a catcher/processor using
trawl gear to record all product
information in eLandings.
The original proposed rule created
new paragraph (c)(4)(ix) to describe
requirements for recording trawl
catcher/processor discard and
disposition information in the DCPL.
The supplemental proposed rule would
remove existing text and add a
requirement for the operator of a
catcher/processor using trawl gear to
record all discard and disposition
information in eLandings.
Section 679.5(c)(5) Shoreside
processor DCPL. The original proposed
rule created new paragraph (c)(5) to
describe R&R requirements for the
shoreside processor DCPL. Because
eLandings would replace the shoreside
processor DCPL, the supplemental
proposed rule would remove that
section, and replace it with a crossreference to eLandings at § 679.5(e) and
paragraphs (c)(5)(i) and (ii). Paragraph
(c)(5)(i) would describe required R&R
information if ‘‘inactive.’’ In paragraph
(c)(5)(ii), the definition for ‘‘active’’
status of a shoreside processor or SFP
would be revised to remove ‘‘checkedin’’ as a reason for being active.
Section 679.5(c)(6) Mothership DCPL.
The original proposed rule created new
paragraph (c)(6) to describe R&R
requirements for the mothership DCPL.
The supplemental proposed rule would
revise (c)(6)(i) by adding a reference to
the option of completing the mothership
ELB, to § 679.5(f). The statement, ‘‘is
required to use a combination of
mothership DCPL and eLandings to
record and report daily processor
identification information, delivery
information, groundfish production
data, and groundfish and prohibited
species discard or disposition data’’
would replace ‘‘must maintain a
mothership DCPL’’ in paragraph
(c)(6)(i).
The supplemental proposed rule
would revise paragraph (c)(6)(ii) which
describes data entry time limits by
replacing ‘‘must record in the DCPL’’
with ‘‘must record in the DCPL or
eLandings.’’ It would revise the table at
paragraph (c)(6)(ii) by adding two
columns to show where to record data:
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one for DCPL and one for eLandings. X’s
in these columns indicate where the
data are to be recorded.
Paragraph (c)(6)(iv) describes required
information if the mothership is active.
The supplemental proposed would
revise this paragraph to state that certain
information must be recorded in the
DCPL and other information in
eLandings and to identify that
information by paragraph number. In
addition, the definition of ‘‘active’’
status of a mothership would be revised
to remove ‘‘checked-in’’ as a reason for
being active.
The supplemental proposed rule
would add new paragraph (c)(6)(v),
entitled ‘‘Identification information’’
and add new paragraph (c)(6)(v)
introductory text. It would redesignate
paragraphs (c)(6)(iv)(A) through (J) as
(c)(6)(v)(A) through (J), respectively. The
heading of proposed redesignated
paragraph (c)(6)(iv)(C) would be revised
to read ‘‘Vessel information.’’ It would
redesignate paragraphs (c)(6)(v) through
(c)(6)(vii) as (c)(6)(vi) and (c)(6)(viii),
respectively.
The supplemental proposed rule
would revise proposed redesignated
paragraph (c)(6)(vii), which describes
groundfish product information, by
removing existing text and adding a
requirement for the operator of a
mothership to record all product
information in eLandings. It would
revise proposed redesignated paragraph
(c)(6)(viii), which describes discard and
disposition information, by removing
existing text and adding a requirement
for the operator of a mothership to
record all discard and disposition
information in eLandings.
Section 679.5(d) Buying Station
Report (BSR). In the original proposed
rule, paragraph (d), which describes
buying station requirements, was
revised. To improve readability of the
text, the supplemental proposed rule
would add headings to paragraph
(d)(1)(i) to read ‘‘Separate BSR;’’
paragraph (d)(1)(ii) to read ‘‘BSR
Attachments;’’ and paragraph (d)(1)(iii)
to read ‘‘Catcher vessel as buying
station.’’
The supplemental proposed rule
would revise paragraph (d)(1)(i) by
adding immediately before the first
sentence, ‘‘In addition to the
information required at paragraphs
(a)(5) and (a)(6) of this section.’’ This
change is necessary because paragraphs
(a)(5) and (a)(6) describe inspection,
retention, and maintenance of records,
which apply also to buying station
operators and managers. Inadvertently
omitted from the original proposed rule,
it would reestablish the requirement in
the regulations.
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The supplemental proposed rule
would revise paragraph (d)(4)(iii) to
correct the cross-reference by replacing
‘‘paragraph (a)(2)’’ with ‘‘paragraphs
(d)(1) and (d)(2)’’ which describe ‘‘who
needs to sign.’’ It would revise
paragraphs (d)(4)(v), (vi), and (vii) by
adding headings to read ‘‘Gear type,’’
‘‘Federal reporting area,’’ and ‘‘Crab
protection areas,’’ respectively, to make
the subheadings of paragraph (d)
uniform. It would revise the heading for
paragraph (d)(4)(x)(C) to read ‘‘Discard
or disposition weight’’ and the heading
for paragraph (d)(4)(x)(D) to read ‘‘PSC
discard or disposition numbers.’’
Section 679.5(e) Interagency
Electronic Reporting System (IERS) and
eLandings. Section 679.5(e) describes
R&R requirements using eLandings. The
original proposed rule removed the
existing electronic R&R system,
Shoreside Processor Electronic
Reporting System (SPELR), at § 679.5(e)
and replaced it with the Interagency
Electronic Reporting System (IERS) and
its data entry component, eLandings,
which is available through the Internet.
It indicated that there were available
from the Alaska Region, three methods
of R&R: DFL and DCPL, eLandings, and
ELBs, and presented each of these
methods in a separate section.
The supplemental proposed rule
would further reorganize certain
sections of § 679.5(e), with changes to
headings of paragraphs (e)(5) through
(e)(10), would incorporate information
moved from § 679.5(c) to better integrate
the available R&R methods, and would
correct miscellaneous technical errors.
The supplemental proposed rule
would correct, throughout the
eLandings regulations (§ 679.5(e)), the
format of the year from (mm/dd/yy) to
read uniformly in 4 digits (mm/dd/
yyyy). Note that the logbook regulations
date format is mm/dd/yy.
The supplemental proposed rule
would correct a grammatical error that
occurred in the original proposed rule.
The text ‘‘user of’’ would be replaced
with ‘‘user for.’’ This change would be
made in the following paragraphs:
(e)(5)(i), (e)(5)(i)(B), (e)(5)(ii), (e)(5)(iii),
(e)(6)(i) through (e)(6)(iii), (e)(7)(i),
(e)(7)(ii), (e)(7)(iii)(B), (e)(8)(iii) through
(e)(8)(vi), (e)(9)(i), (e)(9)(ii), (e)(10)(iii),
and (e)(10)(iv).
In the original proposed rule, NMFS
created new paragraph (e)(1) to describe
the responsibilities of the participants to
obtain the necessary equipment and
software to work with eLandings, and
the responsibility to use eLandings for
entry of groundfish information.
In the proposed rule, paragraph
(e)(1)(i) described the responsibility for
‘‘Hardware, software, and Internet
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connectivity.’’ The supplemental
proposed rule would remove an
incorrect cross-reference to paragraph
(e)(2) and revise this introductory text to
paragraph (e)(1)(i) by removing ‘‘Unless
NMFS approves an alternative reporting
method, for recordkeeping and reporting
data for those fisheries listed in
paragraph (e)(2) of this section,’’
because only eLandings is approved for
this purpose. In addition, ‘‘landings
data’’ would be added to the list of
fisheries information needed by NMFS,
as this item was inadvertently
overlooked.
The supplemental proposed rule
would divide paragraph (e)(1)(ii),
describing R&R procedure in the event
of computer or network failure and
unavailability of eLandings, into two
paragraphs, one for groundfish and one
for IFQ crab, halibut, and sablefish. It
would redesignate paragraph
(e)(1)(ii)(A) as paragraph (e)(1)(ii), and
the heading would be revised to read:
‘‘Computer or network failure:
Groundfish.’’ In addition, text would be
removed that refers to use of an interim
paper form in case of computer or
network failure and replaced with text
describing use of the DCPL to record
groundfish information, because the
DCPL is onboard, familiar to use, and
convenient.
The supplemental proposed rule
would redesignate paragraph (e)(1)(ii)(B)
as (e)(1)(iii) with a heading to read
‘‘Computer or network failure: IFQ
manual landing report for IFQ crab, IFQ
halibut, CDQ halibut, and IFQ
sablefish.’’ This paragraph describes the
requirement to use a manual IFQ
landing report if computer or network
failure occurs when entering CDQ
halibut or IFQ information. The first and
second sentences of proposed
redesignated (e)(1)(iii) would be
redesignated as (e)(1)(iii) introductory
text and revised by adding ‘‘CDQ
halibut’’ to the list of information. In
addition, this paragraph would be
revised by removing ‘‘and submit it by
fax to 907–586–7313’’ because manual
landing instructions must be requested
by telephone.
The supplemental proposed rule
would redesignate the last two
sentences of paragraph (e)(1)(iii)(B) as
(e)(1)(iii)(A). It would redesignate the
first sentence of paragraph (e)(1)(ii) as
(e)(1)(iii)(B) to provide instructions to
submit the IFQ manual landing report
by fax. It would add paragraph
(e)(1)(iii)(C) to provide instructions to
print and retain the IFQ manual landing
report per paragraphs (a)(5) and (a)(6).
The original proposed rule described
‘‘eLandings processor registration’’ in
paragraph (e)(2). The supplemental
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proposed rule would remove paragraph
(e)(2)(ii), because this text is mostly
descriptive and not a requirement. It
would redesignate paragraph (e)(2)(iv)
as new (e)(2)(ii).
The original proposed rule described
‘‘Information required for eLandings
processor registration form’’ in
paragraph (e)(3). The supplemental
proposed would revise paragraph
(e)(3)(iii) by removing ‘‘and home port
of shoreside processor, SFP,
mothership, or catcher/processor.’’ It
would add paragraph (e)(3)(iv)
introductory text to require that all
federal permits be listed, so that the
submitter would understand that more
than one permit is acceptable, but that
all permits must be listed. It would
revise paragraphs (e)(3)(iv)(A) and (B)
headings and text by adding
‘‘groundfish’’ prior to the type of
processor to improve the accuracy of the
question.
Paragraph (e)(3)(iv)(E) describes
eLandings information required from a
buying station. The supplemental
proposed rule would remove this
paragraph, because a buying station
does not complete this registration form.
It would redesignate paragraphs (e)(3)(v)
and (vi) as (e)(3)(viii) and (ix),
respectively, because two paragraphs
would be added. The information, ‘‘port
code,’’ removed from paragraph
(e)(3)(iii) would be redesignated as
paragraph (e)(3)(v). Paragraph (e)(3)(vi)
would be added to request the ‘‘ADF&G
vessel identification number of the
vessel’’ from a mothership, catcher/
processor, or tender operation to ensure
specific identification.
The supplemental proposed rule
would redesignate paragraph
(e)(3)(iv)(E) as (e)(3)(vii) and revise the
paragraph to request the state where the
license was issued for vehicle buying
stations, to ensure specific
identification. Proposed redesignated
(e)(3)(viii) would be revised to insert
‘‘where the processing would take
place’’ to further clarify this
information. Proposed redesignated
paragraph (e)(3)(ix) would be revised to
emphasize the requirement for a
primary user for eLandings and to
expand the description of some of the
data elements required at registration.
The original proposed rule described
‘‘Information entered automatically for
eLandings landing report’’ in paragraph
(e)(4). The supplemental proposed rule
would revise paragraph (e)(4) to inform
the participant that he or she must
review the autofilled data entry cells to
ensure that they are accurate for the
landing that is taking place.
At paragraph (e)(5), the original
proposed rule described the information
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to be entered into eLandings by a
shoreside processor and SFP. The
supplemental proposed rule would
revise the heading for (e)(5) to read
‘‘Shoreside processor or SFP landings
report’’ as part of the restructuring of the
regulations. It would redesignate
paragraph (c)(1)(i)(B) as (e)(5)
introductory text and revise it to
describe who must use eLandings to
enter groundfish landings information.
The supplemental proposed rule would
revise the heading for paragraph (e)(5)(i)
to read ‘‘Information entered for each
groundfish delivery to a shoreside
processor and SFP.’’ It would revise
paragraph (e)(5)(i) introductory text to
add that data must also be entered into
eLandings for receipt of groundfish
delivery from processors for
reprocessing or rehandling product.
The supplemental proposed rule
would revise paragraph (e)(5)(i)(A)(2) by
replacing ‘‘crew size (including
operator)’’ with ‘‘Crew size.’’ Enter the
number of licensed crew aboard the
vessel, including operator, to specify
who to include in the count. It would
revise paragraph (e)(5)(i)(A)(7) to
identify a buying station, whether a
tender or land-based entity. Paragraph
(e)(5)(i)(A)(9) describes recording
whether the blue logsheet was received
from the catcher vessel at the time of
catch delivery. The supplemental
proposed rule would revise this
paragraph to add the table of codes that
describe nonsubmittal of a blue discard
logsheet by the catcher vessel. It would
revise the heading for paragraph
(e)(5)(i)(B) to read ‘‘Landings
information’’ and revise paragraph
(e)(5)(i)(B)(2) which describes landings
weight, to include information on actual
scale weights, currently in
§ 679.5(a)(7)(iv)(D)(1), and provide
options for sorting. This revision was
overlooked in the original proposed
rule.
Paragraph (e)(5)(ii) describes required
signatures on the landing report
(ADF&G fish ticket). The supplemental
proposed rule would remove this
paragraph because signatures are not
required by Federal regulations even
though they are required by State
regulations. It would redesignate
paragraph (e)(5)(iii) as (e)(5)(ii) and
revise the text by replacing ‘‘(e)(5)(ii)’’
with ‘‘(e)(5)(i)’’ because paragraph
content changed. The supplemental
proposed rule would add paragraph
(e)(5)(iii) with heading to read
‘‘Compliance’’ to state that by using
eLandings, the User accepts the
responsibility of and acknowledges
compliance with eLandings
requirements for complete and accurate
R&R.
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The original proposed rule described
eLandings information entered for each
groundfish delivery to a mothership at
paragraph (e)(6). The supplemental
proposed rule would revise the heading
for paragraph (e)(6) to read ‘‘Mothership
landings report’’ to better describe the
contents of the paragraph. It would
redesignate paragraph (c)(1)(ii)(C) as
(e)(6) introductory text and revise it to
state that the operator is required to use
eLandings to submit a daily landings
report.
In the original proposed rule, the use
of eLandings by motherships was
provided in two stages: through
December 31, 2007, to voluntarily
submit weekly landings reports, and
starting January 1, 2008, required to
submit daily landings reports. Since
implementation of the IERS final rule
will be later than anticipated, the
supplemental proposed rule would
place the requirement for daily landing
reports directly into regulation rather
than in two steps. It would revise the
heading for paragraph (e)(6)(i) to read
‘‘Information entered for each
groundfish delivery to a mothership’’
and revise paragraph (e)(6)(i) to add that
data must also be entered into
eLandings for receipt of groundfish
delivery from processors for
reprocessing or rehandling product.
Paragraph (e)(6)(ii) describes required
signatures on the landing report
(ADF&G fish ticket). The supplemental
proposed rule would remove this
paragraph because signatures are not
required by Federal regulations even
though they are required by State
regulations. It would add paragraph
(e)(6)(iii) with heading to read
‘‘Compliance’’ to state that by using
eLandings, the User accepts the
responsibility of and acknowledge
compliance with eLandings
requirements for complete and accurate
R&R.
The original proposed rule described
information entered for each IFQ
halibut, CDQ halibut, and IFQ sablefish
delivery at paragraph (e)(7). As part of
the text restructure, the supplemental
proposed rule would revise the heading
for paragraph (e)(7) to read ‘‘Registered
Buyer landings report.’’ It would
redesignate paragraph (c)(1)(v) as (e)(7)
introductory text and revise the heading
for paragraph (e)(7)(i) to read
‘‘Information entered for each IFQ
halibut, CDQ halibut, and IFQ sablefish
delivery.’’ The supplemental proposed
rule would revise paragraph
(e)(7)(i)(E)(8) by adding a note that
NMFS makes the 2 percent slime
deduction, not the submitter. This
change would reestablish the
requirement in the regulations that
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NMFS does this calculation and the
submitter is not required nor permitted
to do so. The supplemental proposed
rule would revise the heading for
paragraph (e)(7)(ii) to read ‘‘Signatures
for IFQ halibut, CDQ halibut, or IFQ
sablefish deliveries’’ and revise
paragraph (e)(7)(ii) to state that the
participant must review the autofilled
cells for accuracy of landing data and
that the landing report is dated, and
must acknowledge the responsibility
indicated by signature. It would add
paragraphs (e)(7)(ii)(A) through (C) to
require the User to print the completed
groundfish landing report and the
groundfish IFQ landing receipt; to
ensure signatures are complete within
six hours after all IFQ halibut, CDQ
halibut, and IFQ sablefish are offloaded
from a harvesting vessel and prior to
shipment or transfer of the fish from the
landing site; and to provide printed
name and sign the groundfish IFQ
landing receipt within six hours after all
IFQ halibut, CDQ halibut, and IFQ
sablefish are offloaded from a harvesting
vessel and prior to shipment or transfer
of the fish from the landing site.
Paragraph (e)(7)(iv) would be added to
add a cross-reference for
§ 679.5(e)(1)(iii) where a manual landing
report is described.
The original proposed rule described
information entered for each IFQ crab
delivery at paragraph (e)(8). The
supplemental proposed rule would
revise the heading for paragraph (e)(8) to
read ‘‘Registered Crab Receiver (RCR)–
IFQ crab landings report.’’ It would
redesignate paragraph (e)(8)(i) as
(e)(8)(iii) and revise the heading to read
‘‘Information entered for each IFQ crab
delivery.’’ It would redesignate
paragraphs (c)(1)(vi)(A) and (c)(1)(vi)(B)
as (e)(8)(i) and (e)(8)(ii), respectively.
Proposed redesignated paragraph
(e)(8)(iii)(C)(5) would be revised by
adding at the end of the sentence ‘‘(All
ADF&G statistical areas are translated to
the NMFS reporting area and the
International Pacific Halibut
Commission (IPHC) reporting area by
eLandings.)’’ to explain why the
reporting area does not appear.
Paragraph (e)(9) would be redesignated
as (e)(8)(iv) with heading to read
‘‘Information entered for IFQ crab
custom processing landings’’ to describe
additional information required if the
User for the RCR is custom processing
IFQ crab, the ‘‘ADF&G processor code of
the person for which the IFQ crab was
custom processed.’’
The supplemental proposed rule
would redesignate paragraph (e)(8)(ii) as
(e)(8)(v) and revise with a heading to
read ‘‘Signatures for IFQ crab
deliveries.’’ It would further revise the
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paragraph to include the date signed
and the responsibility indicated by
signature that currently is in
§ 679.5(l)(2)(iii)(M). In addition, the
supplemental proposed rule would add
requirements to print the completed
crab landing report and to retain the
landing report per paragraph (a)(5) of
this section. It would redesignate
paragraph (e)(8)(iii) as (e)(8)(vi).
Paragraph (e)(8)(vii) would be added
with a heading to read ‘‘IFQ manual
landing report for crab’’and a crossreference to paragraph (e)(1)(iii) where a
manual landing report is described.
The original proposed rule described
shoreside processor or SFP information
entered for an eLandings production
report in paragraph (e)(10). As part of
the regulatory text restructure, the
supplemental proposed rule would
redesignate paragraph (e)(10) as (e)(9). It
would redesignate paragraph (c)(1)(i)(B)
as (e)(9) introductory text and revise
paragraph (e)(9) introductory text to
require that eLandings be used to create
a daily production report and add as the
last sentence a cross-reference to
§ 679.5(a)(5) and (a)(6) which describe
record inspection, retention, and
maintenance. Proposed redesignated
paragraph (e)(9)(i) would be revised to
inform the participant that he or she
must review the autofilled cells to
ensure that they are accurate. The
supplemental proposed rule would
remove paragraph (e)(9)(i)(B) because
‘‘manager name and signature’’ does not
appear on the eLandings production
report. It would add new paragraph
(e)(9)(i)(B) to request the number of
observers onsite. This information is
required under current regulations at
§ 679.5, but was inadvertently not
included in the original proposed rule.
The supplemental proposed rule
would revise paragraph (e)(10)(i)(C) by
replacing ‘‘No production. Indicate if no
production occurred’’ with ‘‘No
production/no deliveries (inactive).’’
This revision would show that the
processor is ‘‘inactive’’ to coincide with
former descriptions of inactive data
from shoreside processors or SFPs. The
supplemental proposed rule would
redesignate paragraphs (e)(10)(i)(D)(1)
through (3) as (e)(9)(i)(C) through (E)
and would add ‘‘Area of harvest’’ to
(e)(9)(i)(C); add ‘‘Product description’’ to
(e)(9)(i)(D); and replace existing text at
(e)(9)(i)(E) with ‘‘Product weight. Enter
actual scale weight of product to the
nearest pound.’’ Proposed redesignated
(e)(9)(ii) would be revised to add to the
first sentence ‘‘When checked-in
pursuant to paragraph (h)(2) of this
section’’ and to add as the last sentence
‘‘If a shoreside processor or SFP using
eLandings is not taking deliveries over
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a weekend, the User or manager may
transmit the eLandings production
report to NMFS on Monday.’’
Paragraph (e)(11) in the original
proposed rule described catcher/
processor or mothership information
entered for an eLandings production
report. The supplemental proposed rule
would redesignate this paragraph as
(e)(10) and would divide it into two
separate paragraphs, one for catcher/
processors and one for motherships. It
would redesignate paragraph (c)(1)(ii)(B)
as (e)(10)(i), revise its heading to read
‘‘Catcher/processor,’’ and revise it to
require an operator of a catcher/
processor to use eLandings to create a
production report. The supplemental
proposed rule would redesignate
paragraph (c)(1)(iii)(B) as (e)(10)(ii),
revise its heading to read ‘‘Mothership,’’
and revised the paragraph to require an
operator of a mothership to use
eLandings to create a production report.
It would redesignate paragraph (e)(11)(i)
as (e)(10)(iii) introductory text and
revise it to inform the participant that
he or she must review the autofilled
cells to ensure that they are accurate.
The supplemental proposed rule would
add paragraph (e)(10)(iii)(B) with a
heading to read ‘‘Designation. From
Table 14c to this part, enter whether
processor is a catcher/processor = FCP
or a mothership = FLD.’’ This
information is necessary for eLandings
data management but was overlooked in
the original proposed rule. The
supplemental proposed rule would
redesignate paragraph (e)(11)(i)(B) as
(e)(10)(iii)(C) and remove paragraph
(e)(11)(i)(C) because ‘‘operator name and
signature’’ do not appear on the
production report. It would add
paragraph (e)(10)(iii)(D) to read
‘‘Management program. Enter
management program and identifying
number, if any (see paragraph (a)(1)(iii)
of this section).’’
The supplemental proposed rule
would redesignate paragraph
(e)(11)(i)(G) as (e)(10)(iii)(E). It would
redesignate paragraph (e)(11)(i)(E) as
(e)(10)(iii)(F) and revise it to read
‘‘Federal Reporting Area of harvest.’’ It
would add paragraph (e)(10)(iii)(G) to
read ‘‘COBLZ or RKCSA. Indicate
whether fishing occurred in COBLZ or
RKCSA (if applicable).’’ This was
overlooked in the original proposed
rule. The supplemental proposed rule
would redesignate paragraph
(e)(11)(i)(F)(1) and (2) as paragraphs
(e)(10)(iii)(H) and (I) and revise it to
read ‘‘(H) Product description. Species
code, product type, and product code of
product; and (I) Product weight. Enter
product weight in metric tons to the
nearest 0.001 mt.’’ It would redesignate
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55375
paragraph (e)(11)(i)(D) as (e)(10)(iii)(J)
and revise it to read ‘‘No production
(inactive). If there was no production for
the day, mark the ‘‘No Production’’
box.’’ This was overlooked in the
original proposed rule. Paragraph
(e)(11)(i)(H) would be removed because
‘‘ADF&G fish ticket number’’ does not
appear on the production report. This
was an error in the original proposed
rule. Paragraphs (e)(10)(iii)(K) through
(M) would be added to describe discard,
discard weight, and PSC numbers. This
was overlooked in the original proposed
rule.
The supplemental proposed rule
would add paragraph (e)(10)(iii)(N) to
request ADF&G statistical area to be
effective January 1, 2009. The eLandings
software will not be developed to
receive this information until 2009. This
item is needed to aid in identifying
fishing information. Paragraph (e)(11)(ii)
would be redesignated as (e)(10)(iv) and
revised to add prior to the first sentence
‘‘When checked-in pursuant to
paragraph (h)(2) of this section,’’ and
remove the effective date because the
publication of the final rule is later than
anticipated. A sentence would be added
to remove a restriction from daily
submittals of the production reports on
weekends.
The original proposed rule described
eLandings printed reports in paragraph
(e)(12). The supplemental proposed rule
would redesignate paragraph (e)(12) as
(e)(11) and change the heading to read
‘‘Printing of landing reports, landing
receipts, and production reports.’’ It
would remove paragraph (e)(12).
Paragraph (e)(11)(i) would be added to
describe the requirements to retain a
printed paper copy onsite or onboard of
each landing report; each production
report; if IFQ halibut, IFQ sablefish, or
CDQ halibut, each groundfish IFQ
landing receipt; and if IFQ crab, each
crab IFQ landing receipt. Paragraph
(e)(11)(ii) would be added to describe
the mothership requirement to print an
additional copy of each landing report
for the catcher vessel operator. This was
omitted from the original proposed rule
and this would reestablish the
requirement in the regulations. The
supplemental proposed rule would add
new paragraph (e)(12) with a heading to
read ‘‘Retention and inspection of
landing reports, landing receipts, and
production reports’’ and add a crossreference to paragraphs (a)(5) and (a)(6)
of this section for R&R retention and
inspection requirements.
Section 679.5(f) Electronic Logbooks
(ELBs). The electronic logbooks (ELBs)
are alternatives to the daily fishing
logbook (DFL) used by catcher vessels
and the daily cumulative fishing
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logbook (DCPL) used by catcher/
processors and motherships. The
original proposed rule described use of
an ELB in place of a DFL or DCPL but
did not mention the necessary
interaction with eLandings. The
supplemental proposed rule would
reorganize the text to arrange the
regulations as they would be needed by
the end-user and would describe the
optional use of a combination of ELB
and eLandings to record and report
groundfish information. For catcher
vessels, the ELB would be used to
record and report all groundfish
information. For catcher/processors and
motherships, part of the information
would be recorded in the ELB, and part
of the information would be recorded in
eLandings.
The supplemental proposed rule
would revise paragraph (f) introductory
text to state that, when pre-approved by
NMFS, the operator may use a
combination of a NMFS-approved ELB
and eLandings to record and report
groundfish information. This would
change the sentence to active voice. It
would revise paragraph (f)(1)(ii) to state
that the operator of a catcher/processor
using longline or pot gear may use a
combination of a NMFS-approved
catcher/processor longline or pot gear
ELB and eLandings to record and report
groundfish information. Paragraph
(f)(1)(iv) would be revised to state that
the operator of a catcher/processor using
trawl gear may use a combination of a
NMFS-approved catcher/processor trawl
gear ELB and eLandings to record and
report groundfish information.
Paragraph (f)(1)(v) would be revised to
state that the operator of a mothership
may use a combination of a NMFSapproved mothership ELB and
eLandings to record and report
groundfish information.
Section 679.5(h) Check-in/Check-out
Reports. A proposed rule designed to
change the check-in/check-out
requirements (CICO) at § 679.5(h) was
published May 29, 2008 (73 FR 30876).
The CICO proposed rule would
eliminate the requirement for a checkin/check-out report for certain of the
motherships and catcher/processors.
The requirements of that proposed rule
would be incorporated into this
supplemental proposed rule so as to not
reverse the changes after the IERS final
rule is published. Current R&R
regulations require operators of
motherships and trawl, longline, and
pot gear catcher/processors to record the
occurrence of active and inactive
periods. In the CICO proposed rule,
NMFS proposes to revise the definitions
of ‘‘active’’ status for catcher/processors,
motherships, shoreside processors, and
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SFPs by removing ‘‘checked-in’’ as a
reason for being active. ‘‘Active’’ status
currently means ‘‘when checked-in or
processing’’ for all those processors.
‘‘Active’’ status would be changed for
motherships, shoreside processors, and
SFPs to mean ‘‘when receiving or
processing groundfish.’’ The definition
for ‘‘active’’ for a catcher/processor
using longline or pot gear would be
revised to mean ‘‘when all or part of the
longline or pot gear is in the water or
when processing.’’ For a catcher/
processor using trawl gear, the
definition for ‘‘active’’ would be revised
to mean ‘‘when all or part of the trawl
net is in the water or when processing.’’
To accommodate the changes
provided in a check-in/check-out
proposed rule (73 FR 30876, May 29,
2008) which proposed revising ‘‘active’’
period definitions, NMFS would revise
paragraphs (c)(3)(iv)(A)(1) for catcher
vessel, longline or pot gear;
(c)(3)(iv)(B)(1) for catcher/processor,
longline or pot gear; (c)(4)(iv)(A)(1) for
catcher vessel, trawl gear; (c)(4)(iv)(B)(1)
for catcher/processor, trawl gear;
(c)(5)(ii) for shoreside processor or SFP;
and (c)(6)(iv) for motherships. Paragraph
(h)(2) would be revised to add an
exception to check-in/check-out
requirements if a catcher/processor has
onboard an operating vessel monitoring
system transmitter that meets the
requirements of § 679.28(f).
Section 679.5(i) Weekly Production
Reports (WPRs). The original proposed
rule reorganized and revised WPRs at
§ 679.5(i). The supplemental proposed
rule would revise paragraph (i) to state
that the WPR is removed from use and
to provide a cross-reference to the
eLandings requirements in § 679.5(e).
The operators of catcher/processors and
motherships and managers of shoreside
processors would use eLandings instead
of WPRs. All the relevant information
previously submitted in the WPRs
would be included in the requirements
for daily production reports under
eLandings. This rule would also replace
references to the WPR throughout 50
CFR part 679 with references to
production reports.
Section 679.28
Operational
Equipment and
Section 679.28 describes equipment
and operational requirements. The
supplemental proposed rule would
revise § 679.28(a) to add a crossreference to § 679.5(a)(5) and (a)(6)
which describes record inspection,
retention, and maintenance. With this
change, NMFS’ intention is to create
consistent regulations regarding
inspection, retention, and maintenance.
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The original proposed rule described
revisions to equipment and operational
requirements in § 679.28(h) and added a
new section to provide the process and
criteria by which a private-sector vendor
could get an ELB software program
approved for use in the NMFS Alaska
Region fisheries.
The supplemental proposed rule
would revise § 679.28(h)(1)(iii) to
increase the number of days NMFS has
to review and approve vendor ELB
software from 15 days to 60 days. After
further evaluation of the ELB program,
NMFS concludes that 15 days is not
enough time to conduct the necessary
review and evaluation process for ELB
software.
Section 679.40 IFQ Properly Debit
Account
Section 679.40 describes sablefish and
halibut quota share allocations and
other management measures. In the
original proposed rule, paragraph (c)(3)
was revised. The supplemental
proposed rule would revise paragraph
(c)(3) by adding ‘‘or following transfers
or penalties (15 CFR part 904)’’ to the
last line of the paragraph. This would
indicate that an IFQ permit usually is
issued prior to the start of the IFQ
fishing season, but sometimes due to
circumstances the IFQ permit is issued
after the start of the IFQ fishing season
due to transfer or penalty.
In the original proposed rule,
paragraph (h) was added. The original
proposed rule proposed standardization
of the regulatory text describing the
proper accounting or debit of IFQ
sablefish or halibut quota. The
supplemental proposed rule would
reorganize § 679.40(h). It would
redesignate paragraph (h)(3) as new
(h)(1) and remove an incorrect crossreference to § 679.5(e). It would
redesignate § 679.5(l)(2)(iv)(D) as new
§ 679.40(h)(2) and update and reformat
the regulations to include what
constitutes confirmation of a properly
debited account. The supplemental
proposed rule would redesignate
paragraph (h)(1) as new (h)(3) and
would revise proposed redesignated
paragraph (h)(3)(i) by removing the
exception phrase at the beginning of the
first sentence, as this was inappropriate.
It would combine paragraph (h)(1)(ii)
with paragraph (h)(2), redesignate it as
paragraph (h)(3)(ii), and revise it. These
two sentences need to be in the same
paragraph because they refer to the same
activity.
Tables & Figures to Part 679
The original proposed rule revised
Table 9 by removing an outdated term
and by adding other types of R&R,
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including VMS, in an attempt to list all
the R&R requirements in 50 CFR part
679. The supplemental proposed rule
would remove Table 9. Programs are
continually revised or added to Alaska
Region fisheries, which would require
continued revision to Table 9, often
with R&R requirements listed in
sections other than § 679.5. Instead of
adding new material to this table to
become all encompassing, NMFS would
remove Table 9 to avoid confusion by
potentially duplicating information
found in other parts of the regulations
or inadvertently leaving out material.
The original proposed rule revised
Table 2b by moving crab species from
other tables and adding scientific
names, as appropriate. The
supplemental proposed rule would
further revise Table 2b by removing
notations which incorrectly indicate
that the selected crab species were part
of the BSAI Crab Rationalization
Program. Erroneous check marks would
be removed for Korean Horsehair, Box,
Dungeness, Multispinus, and Verrilli
crabs.
The original proposed rule revised
Figures 3a, 5a, 7, and 12 to Part 679.
The supplemental proposed rule
would revise Figure 7 to part 679 by
correcting the cross-reference in the
figure title by replacing
§ 679.24(d)(4)(iii) with § 679.24(d)(4).
The original proposed rule revised
Figure 12 to part 679 by amending the
figure title and legend to agree with
regulatory text. The supplemental
proposed rule would revise Figure 12 to
part 679 by redrawing the graphic for
the Nearshore Bristol Bay Trawl Closure
Area to agree with the coordinates in the
legend.
rwilkins on PROD1PC63 with PROPOSALS2
Section 680.2 Definitions
The original proposed rule revised
paragraphs (1) through (4) of the
definition for ‘‘Crab individual fishing
quota (crab IFQ).’’ The supplemental
proposed rule would revise those
paragraphs to clarify that the
distinctions between these paragraphs is
dependent upon the initial quota share
from which the crab IFQ was derived.
Section 680.5 Crab Rationalization
Program R&R
eLandings was originally required by
the Crab Rationalization Program (CR
Program) for participants to submit the
IFQ crab landing report (see § 680.5(c)).
The original proposed rule removed
these regulations from Part 680 and
incorporated them into eLandings
regulations at § 679.5(e) so that all
eLandings regulations were in the same
location. In addition, the original
proposed rule added § 680.5(m) to
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Jkt 214001
describe the CR Program Registered
Crab Receiver (RCR) Ex-vessel Volume
and Value Report in which the reporting
of ‘‘price per pound’’ currently is
required under § 680.5(d)(7)(xx). In the
original proposed rule, NMFS proposed
to make optional the reporting of ‘‘price
per pound’’ at the time of each landing
on the IFQ crab landing report and to
require annual reporting of this
information on the CR Program RCR Exvessel Volume and Value Report. NMFS
intended to also move the requirement
from the CR Program landing report to
the annual report for the participant to
provide ex-vessel value and volume by
CR management program, formerly
found at § 680.5(d)(7)(vii), but
inadvertently omitted this information.
It was intended that the annual CR RCR
Ex-vessel Volume and Value Report
collect all the necessary information
from each RCR for each CR management
program.
The supplemental proposed rule
would revise paragraph (m)(4)
introductory text to explain that the CR
RCR Ex-vessel Volume and Value
Report would need to be completed
only for priced crab that is delivered
raw. It would redesignate paragraphs
(m)(4)(ii) and (iii) as (m)(4)(iii) and (iv),
respectively, and add new paragraph
(m)(4)(ii) to require that a new reporting
element, the CR crab program (IFQ,
CDQ, Adak) be identified when
recording volume and value
information. Proposed redesignated
paragraph (m)(4)(iii)(A) would be
revised by replacing ‘‘crab fishery/
species’’ with ‘‘crab fishery and species
by month’’ because both elements, crab
fishery and crab species, need to be
identified in the database.
The supplemental proposed rule
would revise paragraph (m)(4)(iii)(B) to
clarify that ex-vessel value includes
dollars, goods, and services. It would
remove the last sentence regarding price
adjustments because it is duplicative of
paragraph (m)(4)(iii)(C). It would
remove the text for paragraph (m)(4)(iv),
which requests data elements found on
a paper form, and replace it with a
certification statement.
The supplemental proposed rule
would revise paragraph (m)(5)
introductory text by replacing mail and
fax information with instructions for the
RCR to log in to the NMFS-approved
online data Web site to submit a CR RCR
Ex-vessel Volume and Value Report.
This revision would be available due to
recent enhancements in the NMFS
Alaska Region Web site.
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Changes Resulting From Other
Published Rules
Changes have been made to R&R text
in final rules since the original proposed
rule was published. The supplemental
proposed rule would edit regulatory text
to ensure that the changes made in other
previous final rules are not reversed by
this rule.
Regulations for the IFQ Program for
the fixed-gear commercial Pacific
halibut fishery and sablefish fishery
were modified by a final rule on August
9, 2007 (72 FR 44795) (IFQ final rule).
The IFQ final rule changed some
paragraphs that were further designated
for change in the original proposed rule,
but due to timing differences, the
changes were not made in the original
proposed rule. The supplemental
proposed rule would make these
changes to maintain consistency in the
regulations. Without these changes, the
regulations would revert back to what
they were prior to the IFQ final rule.
The original proposed rule revised
paragraphs (a)(2)(i) and (ii) and removed
(a)(2)(iii) of § 679.5. The supplemental
proposed rule would further revise
paragraphs (a)(2)(i) and (a)(2)(ii) by
adding a cross-reference to § 679.28 for
additional R&R requirements and would
add paragraphs (a)(2)(iii) and (a)(2)(iv)
to describe the R&R responsibility of
IFQ and CDQ permit holders that was
provided in the IFQ final rule. The
original proposed rule revised
§ 679.5(l)(2); the supplemental proposed
rule would revise the heading for
§ 679.5(l)(2)(ii) to read ‘‘No movement of
IFQ halibut, CDQ halibut, or IFQ
sablefish.’’
The final rule for Amendment 80 to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area (72
FR 52668, September 14, 2007) and the
final rule implementing Amendment 85
to the BSAI groundfish Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (72 FR 50788,
September 4, 2007) removed regulations
for submittal of the CDQ delivery report
and the CDQ catch report, § 679.5(n)(1)
and (n)(2). In the Remove/Add Table,
the original proposed rule revised
paragraph (n)(1)(i) by changing
‘‘SPELR’’ to ‘‘eLandings.’’ In the
supplemental proposed rule this change
would be removed.
Classification
The Administrator, Alaska Region,
determined that this regulatory
amendment is necessary for the
conservation and management of the
groundfish, halibut, and crab fisheries
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and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This supplemental proposed rule has
been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility
Analysis (IRFA) was prepared for the
original proposed rule as required by
section 604 of the Regulatory Flexibility
Act (RFA) and published in the June 29
original proposed rule (72 FR 35748,
June 29, 2007) and is not repeated here.
Copies of the IRFA are available from
NMFS (see ADDRESSES).
Paperwork Reduction Act Collections of
Information
This supplemental proposed rule
contains collection-of-information
requirements that are subject to review
and approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act (PRA) and
which have been approved by OMB.
The collections are listed below by OMB
control number.
OMB Control Number 0648–0206
Public reporting burden is estimated
to average per response: 21 minutes for
Federal fisheries permit and 21 minutes
for Federal processor permit.
OMB Control Number 0648–0213
Public reporting burden is estimated
to average per response: 28 minutes for
catcher vessel longline and pot gear
DFL; 18 minutes for catcher vessel trawl
DFL; 31 minutes for shoreside processor
DCPL; 31 minutes for mothership DCPL;
41 minutes for catcher/processor
longline and pot gear DCPL; 30 minutes
for catcher/processor trawl gear DCPL;
23 minutes for buying station report; 7
minutes for check-in/check-out report,
mothership or catcher/processor; 8
minutes for check-in/check-out report,
shoreside processor; 17 minutes for
WPR; 28 minutes for catcher vessel
longline and pot gear ELB; 18 minutes
for catcher vessel trawl ELB; 20 minutes
for catcher/processor longline and pot
gear ELB; 15 minutes for catcher/
processor trawl gear ELB; and 15
minutes for mothership ELB.
OMB Control Number 0648–0515
Public reporting burden is estimated
to average per response: 15 minutes for
IERS application processor registration;
35 minutes for eLandings landing
report; 35 minutes for manual landing
report; and 15 minutes for catcher/
processor or mothership eLandings
production data.
OMB Control Number 0648–0570
Public reporting burden is estimated
to average per response: 20 minutes for
crab catcher/processor offload report, 40
hours for eligible crab community
organization (ECCO) annual report; and
1 hour for CR Registered Crab Receiver
Ex-vessel Volume and Value Report.
These estimates include the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
David_Rostker@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Parts 679 and
680
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: September 11, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR parts 679 and 680 as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
Public reporting burden for IFQ
landing reports is estimated to average
18 minutes per response.
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OMB Control Number 0648–0272
1. The authority citation for part 679
continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
OMB Control Number 0648–0334
Public reporting burden is estimated
to average per response: one hour for
groundfish and crab LLP transfer
application and one hour for scallop
LLP transfer application.
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2. In § 679.2:
A. Add in alphabetical order
definitions for ‘‘At-sea operation’’,
‘‘eLandings’’, ‘‘Interagency electronic
reporting system (IERS)’’, ‘‘Maximum
retainable amount (MRA)’’, ‘‘Non-IFQ
groundfish’’, ‘‘Non-individual entity’’,
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‘‘Permit’’, ‘‘Shoreside processor
electronic logbook report (SPELR)’’,
‘‘Single geographic location’’, ‘‘User’’,
‘‘User identification (UserID)’’, and
‘‘Week-ending date’’.
B. Revise the definitions of ‘‘Active/
inactive periods’’, ‘‘Associated
processor’’, ‘‘Gear deployment (or to set
gear)’’, ‘‘Gear retrieval (or to haul gear)’’,
‘‘Haul’’, ‘‘Prohibited species catch
(PSC)’’, and ‘‘Tender vessel’’.
The additions and revisions read as
follows:
§ 679.2
Definitions.
*
*
*
*
*
Active/inactive periods means for
longline or pot gear catcher vessel, see
§ 679.5(c)(3)(iv)(A)(1); for longline or
pot gear catcher/processor, see
§ 679.5(c)(3)(iv)(B)(1); for trawl gear
catcher vessel, see
§ 679.5(c)(4)(iv)(A)(1); for trawl gear
catcher/processor, see
§ 679.5(c)(4)(iv)(B)(1); for shoreside
processor or SFP, see § 679.5(c)(5)(ii);
for mothership, see § 679.5(c)(6)(iv).
*
*
*
*
*
Associated processor means:
(1) Relationship with a buying station.
A mothership or catcher/processor
issued an FFP, or a shoreside processor
or SFP issued an FPP, with a contractual
relationship with a buying station to
conduct groundfish buying station
activities for that processor.
(2) Relationship with a custom
processor. A mothership or catcher/
processor issued an FFP or a shoreside
processor or SFP issued an FPP, with a
contractual relationship with a custom
processor to process groundfish on its
behalf.
At-sea operation means, for purposes
of eLandings, a catcher/processor or
mothership that is receiving and/or
processing fish in State waters and/or in
waters of the EEZ off the coast of
Alaska.
*
*
*
*
*
eLandings means the Internet data
entry system or desktop client
components of the Interagency
Electronic Reporting System (IERS) for
reporting commercial fishery landings
and production from waters off Alaska.
*
*
*
*
*
Gear deployment (or to set gear) (see
§ 679.5(c)(3)(vi)(B) for longline and pot
gear; see § 679.5(c)(4)(vi)(B) for trawl
gear).
Gear retrieval (or to haul gear) (see
§ 679.5(c)(3)(vi)(C) for longline and pot
gear; see § 679.5(c)(4)(vi)(C) for trawl
gear).
*
*
*
*
*
Haul means the retrieval of trawl gear
which results in catching fish or which
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identifies the individual and gives him
or her authorization to view and submit
reports for specific operations or to
otherwise use eLandings. To facilitate
the management of Users and privileges
and to provide for data security, a
separate UserID is issued to each
individual.
*
*
*
*
*
Week-ending date means the last day
of the weekly reporting period which
ends on Saturday at 2400 hours, A.l.t.,
except during the last week of each
calendar year, when it ends at 2400
hours, A.l.t., December 31.
*
*
*
*
*
3. In § 679.4:
A. Paragraph (a)(4) is removed and
reserved.
B. Paragraphs (a)(1)(i)(A), (a)(1)(iv)(A),
(a)(1)(iv)(B), (a)(3)(i), (a)(3)(iii), (b)
heading, (b)(3), (b)(4), (b)(5) heading,
(b)(5)(iv), (e)(2), (e)(3), (f) heading, (f)(2),
(f)(3), (f)(4), (g)(1), (k) heading, and
(l)(1)(iv) are revised.
C. Paragraphs (a)(1)(vii)(C), (a)(1)(xiv),
(a)(9), (b)(5)(vi)(C), (d)(1)(iii), (d)(2)(iv),
(d)(3)(v), (k)(6)(x), (l)(1)(ii)(C), and
(l)(5)(ii) are added.
The revisions and additions read as
follows:
does not result in catching fish; a test of
trawl gear; or when non-functional gear
is pulled in, even if no fish are
harvested. All hauls of any type need to
be recorded and numbered throughout
the year, whether or not fish are caught.
*
*
*
*
*
Interagency electronic reporting
system (IERS) means an interagency
electronic reporting system that allows
fishery participants to use the Internet
or desktop client software named
eLandings to enter landings and
production data for appropriate
distribution to the ADF&G, IPHC, and
NMFS Alaska Region (see § 679.5(e)).
*
*
*
*
*
Maximum retainable amount (MRA)
(see § 679.20(e)).
*
*
*
*
*
Non-IFQ groundfish means
groundfish, other than IFQ sablefish.
Non-individual entity means a person
who is not an individual or ‘‘natural’’
person; it includes corporations,
partnerships, estates, trusts, joint
ventures, joint tenancy, and any other
type of ‘‘person’’ other than a natural
person.
*
*
*
*
*
Permit means documentation granting
permission to fish and includes
‘‘license’’ as a type of permit.
*
*
*
*
*
Prohibited species catch (PSC) means
any of the species listed in Table 2b to
this part.
*
*
*
*
*
Shoreside processor electronic
logbook report (SPELR) (discontinued,
see definition of ‘‘eLandings’’ under this
section).
*
*
*
*
*
Single geographic location (see
§ 679.4(l)(5)(iii)).
*
*
*
*
*
Tender vessel (see also the definition
of ‘‘buying station’’ under this section)
means a vessel that is used to transport
unprocessed fish or shellfish received
from another vessel to an associated
processor.
*
*
*
*
*
User means, for purposes of IERS and
eLandings, an individual representative
of a Registered Buyer; a Registered Crab
Receiver; a mothership or catcher/
processor that is required to have a
Federal Fisheries Permit (FFP) under
§ 679.4; a shoreside processor or SFP
and mothership that receives groundfish
from vessels issued an FFP under
§ 679.4; any shoreside processor or SFP
that is required to have a Federal
processor permit under § 679.4; and his
or her designee(s).
User identification (UserID), for
purposes of IERS and eLandings, means
the string of letters and/or numbers that
If program permit type is:
Permit is in effect from issue date . . .
For more information, see . . .
(i) * * *
(A) Registered buyer .................................
Until expiration date shown on permit ..............
Paragraph (d)(3)(ii) of this section.
*
*
(iv) * * *
(A) Federal fisheries ..................................
(B) Federal processor ................................
*
*
(vii) * * *
(C) Scallop license .....................................
*
*
Permits.
(a) * * *
(1) * * *
*
Until expiration date shown on permit ..............
Until expiration date shown on permit ..............
*
§ 679.4
*
*
Paragraph (b) of this section.
Paragraph (f) of this section.
*
*
Indefinite ...........................................................
*
*
*
see § 680.4 .......................................................
Indefinite ...........................................................
Indefinite ...........................................................
Specified fishing year .......................................
§ 680.4.
§ 680.4(b).
§ 680.4(c).
§ 680.4(d).
Specified fishing year .......................................
§ 680.4(e).
Specified
Specified
Specified
Specified
§ 680.4(g).
§ 680.4(i).
§ 680.4(k).
§ 680.21(b).
*
for any of the permits under this section
and must submit forms to NMFS as
instructed in application instructions.
With appropriate software, all permit
applications may be completed online
*
Paragraph (g) of this section.
*
*
(xiv) Crab Rationalization Program permits ......
(A) Crab Quota Share permit ....................
(B) Crab Processor Quota Share permit ...
(C) Crab Individual Fishing Quota (IFQ)
permit.
(D) Crab Individual Processor Quota (IPQ)
permit.
(E) Crab IFQ hired master permit .............
(F) Registered Crab receiver permit ..........
(G) Federal crab vessel permit ..................
(H) Crab harvesting cooperative IFQ permit.
rwilkins on PROD1PC63 with PROPOSALS2
*
*
*
*
*
(3) * * *
(i) A person may obtain an
application for a new permit or for
renewal or revision of an existing permit
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fishing
fishing
fishing
Frm 00013
year
year
year
year
.......................................
.......................................
.......................................
.......................................
Fmt 4701
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*
*
and printed from the Alaska Region
Web site at https://
www.alaskafisheries.noaa.gov.
*
*
*
*
*
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(iii) The operator, manager, Registered
Buyer, or Registered Crab Receiver must
obtain a separate permit for each
applicant, facility, or vessel, as
appropriate to each Federal permit in
this section (§ 679.4) and retain a copy
of each permit application, whether the
application is requesting an initial
permit or renewing or revising an
existing permit.
*
*
*
*
*
(9) Permit surrender. The Regional
Administrator will recognize the
voluntary surrender of a permit issued
in this section, § 679.4, if a permit may
be surrendered and it is submitted by
the person named on the permit, owner
of record, or agent. Submit the original
permit to Program Administrator, RAM
Program, P.O. Box 21668, Juneau, AK
99802, by certified mail or other method
that provides written evidence that
NMFS Alaska Region received it. The
receiving date of signature by NMFS
staff is the date the permit was
surrendered.
(b) Federal fisheries permit (FFP)
*
*
*
*
*
(3) Vessel operations categories. An
FFP authorizes a vessel owner to deploy
a vessel to conduct operations in the
GOA or BSAI under the following
categories: Catcher vessel, catcher/
processor, mothership, tender vessel, or
support vessel. A vessel may not be
operated in a category other than as
specified on the FFP, except that a
catcher vessel, catcher/processor,
mothership, or tender vessel may be
operated as a support vessel.
(4) Duration—(i) Length of permit
effectiveness. An FFP is in effect from
the effective date through the expiration
date, unless it is revoked, suspended,
surrendered in accordance with
paragraph (a)(9) of this section, or
modified under § 600.735 or § 600.740
of this chapter.
(ii) Surrendered permit. An FFP
permit may be voluntarily surrendered
in accordance with paragraph (a)(9) of
this section. An FFP may be reissued in
the same fishing year in which it was
surrendered to the permit holder of
record. Contact NMFS/RAM by
telephone locally at 907–586–7202
(Option #2) or toll-free at 800–304–4846
(option #2).
(iii) Amended permit. An owner or
operator, who applied for and received
an FFP, must notify NMFS of any
change in the permit information by
submitting an FFP application found at
the NMFS Web site https://
www.alaskafisheries.noaa.gov as
instructed on the application form.
Upon receipt and approval of a permit
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amendment, the Program Administrator,
RAM, will issue an amended FFP.
(5) Contents of an FFP application.
* * *
*
*
*
*
*
(iv) Area and gear information.
Indicate the type of vessel operation. If
catcher/processor or catcher vessel,
indicate only the gear types used for
groundfish fishing. If the vessel is a
catcher/processor under 125 ft (18.3 m)
LOA that is intended to process GOA
inshore pollock or GOA inshore Pacific
cod, mark the box for a GOA inshore
processing endorsement.
*
*
*
*
*
(vi) * * *
(C) Selections for species
endorsements will remain valid until an
FFP is amended to remove those
endorsements or the permit with these
endorsements is surrendered or
revoked.
*
*
*
*
*
(d) * * *
(1) * * *
(iii) An IFQ permit may be voluntarily
surrendered in accordance with
paragraph (a)(9) of this section. An IFQ
permit will not be reissued in the same
fishing year in which it was
surrendered, but may be reissued to the
quota share holder of record in a
subsequent fishing year. Contact NMFS/
RAM for more information locally at
907–586–7202 (Option #2) or toll-free at
800–304–4846 (option #2).
(2) * * *
(iv) An IFQ hired master permit may
be voluntarily surrendered in
accordance with paragraph (a)(9) of this
section. An IFQ hired master permit
may be reissued to the permit holder of
record in the same fishing year in which
it was surrendered. Contact NMFS/RAM
for more information by telephone
locally at 907–586–7202 (Option #2) or
toll-free at 800–304–4846 (option #2).
(3) * * *
(v) A Registered Buyer permit may be
voluntarily surrendered in accordance
with paragraph (a)(9) of this section. A
Registered Buyer permit may be
reissued to the permit holder of record
in the same fishing year in which it was
surrendered. Contact NMFS/RAM for
more information by telephone locally
at 907–586–7202 (Option #2) or toll-free
at 800–304–4846 (option #2).
*
*
*
*
*
(e) * * *
(2) Halibut CDQ permit. The CDQ
group must obtain a halibut CDQ permit
issued by the Regional Administrator.
The vessel operator must have a copy of
the halibut CDQ permit on any fishing
vessel operated by, or for, a CDQ group
that will have halibut CDQ onboard and
PO 00000
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Fmt 4701
Sfmt 4702
must make the permit available for
inspection by an authorized officer. The
halibut CDQ permit is non-transferable
and is issued annually until revoked,
suspended, surrendered, or modified. A
halibut CDQ permit may be voluntarily
surrendered in accordance with
paragraph (a)(9) of this section. The
halibut CDQ permit will not be reissued
in the same fishing year in which it was
surrendered, but may be reissued in a
subsequent fishing year to the CDQ
group entitled to a CDQ halibut
allocation. Contact NMFS/RAM for
more information by telephone locally
at 907–586–7202 (Option #2) or toll-free
at 800–304–4846 (option #2).
(3) An individual must have onboard
the vessel a legible copy of his or her
halibut CDQ hired master permit issued
by the Regional Administrator while
harvesting and landing any CDQ
halibut. Each halibut CDQ hired master
permit will identify a CDQ permit
number and the individual authorized
by the CDQ group to land halibut for
debit against the CDQ group’s halibut
CDQ. A halibut CDQ hired master
permit may be voluntarily surrendered
in accordance with paragraph (a)(9) of
this section. A halibut CDQ hired master
permit may be reissued to the permit
holder of record in the same fishing year
in which it was surrendered. Contact
NMFS/RAM for more information by
telephone locally at 907–586–7202
(Option #2) or toll-free at 800–304–4846
(option #2).
*
*
*
*
*
(f) Federal processor permit (FPP)
*
*
*
*
*
(2) Contents of an FPP application. To
obtain an FPP, the owner must complete
an FPP application and provide the
following information (see paragraphs
(f)(2)(i) through (v) of this section for
each SFP and shoreside processor plant
to be permitted):
(i) New or amended permit. Indicate
whether application is for a new or
amended FPP; and if an amended
permit, provide the current FPP
number. Indicate whether application is
for a shoreside processor or an SFP.
(ii) Owner information. Indicate the
name(s), permanent business mailing
address, business telephone number,
business fax number, and business email address of all owners, and if
applicable, the name of any person or
company (other than the owner) who
manages the operations of the shoreside
processor or SFP.
(iii) SFP information. Indicate the
vessel name; whether this is a vessel of
the United States; USCG documentation
number; ADF&G vessel registration
number; ADF&G processor code; the
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vessel’s LOA (ft); registered length (ft);
gross tonnage; net tonnage; shaft
horsepower; homeport (city and state);
and whether choosing to receive a GOA
inshore processing endorsement. A
GOA inshore processing endorsement is
required in order to process GOA
inshore pollock and GOA inshore
Pacific cod.
(iv) Shoreside processor information.
Indicate the shoreside processor’s name;
permanent business mailing address;
physical location of plant at which the
shoreside processor is operating (street,
city, state, zip code); whether the
shoreside processor is replacing a
previous processor at this facility (YES
or NO, and if YES, name of previous
processor; whether multiple processing
businesses are using this plant; whether
the owner named in paragraph (f)(2)(ii)
of this section owns this plant; ADF&G
processor code; business telephone
number; business fax number; and
business e-mail address.
(v) Signature. The owner or agent of
the owner of the shoreside processor or
SFP must sign and date the application.
If the owner is a company, the agent of
the owner must sign and date the
application.
(3) Issuance. Upon receipt of a
properly completed permit application,
the Regional Administrator will issue a
Federal processor permit required by
this paragraph (f).
(4) Duration—(i) Length of
effectiveness. An FPP is in effect from
the effective date through the date of
permit expiration, unless it is revoked,
suspended, surrendered in accordance
with paragraph (a)(9) of this section, or
modified under § 600.735 or § 600.740
of this chapter.
(ii) Surrendered permit. An FPP may
be voluntarily surrendered in
accordance with paragraph (a)(9) of this
section. An FPP may be reissued to the
permit holder of record in the same
fishing year in which it was
surrendered. Contact NMFS/RAM for
more information by telephone locally
at 907–586–7202 (Option #2) or toll-free
at 800–304–4846 (option #2).
(iii) Amended permit. An owner or
operator, who applied for and received
an FPP, must notify NMFS of any
change in the permit information by
submitting an FPP application found at
the NMFS Web site https://
www.alaskafisheries.noaa.gov. The
owner or operator must submit the
application as instructed on the
application form. Upon receipt and
approval of a permit amendment, the
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Program Administrator, RAM, will issue
an amended FPP.
*
*
*
*
*
(g) * * *
(1) General requirements. (i) In
addition to the permit and licensing
requirements prescribed in this part,
each vessel within the EEZ off Alaska
that is catching and retaining scallops,
must have an original scallop LLP
license onboard at all times it is
catching and retaining scallops. This
scallop LLP license, issued by NMFS,
authorizes the person named on the
license to catch and retain scallops in
compliance with State of Alaska
regulations and only with a vessel that
does not exceed the maximum LOA
specified on the license and the gear
designation specified on the license.
(ii) A scallop LLP license may be
voluntarily surrendered in accordance
with paragraph (a)(9) of this section. A
surrendered scallop LLP license will
cease to exist and will not be
subsequently reissued. Contact NMFS/
RAM for more information by telephone
locally at 907–586–7202 (Option #2) or
toll-free at 800–304–4846 (option #2).
*
*
*
*
*
(k) Licenses for license limitation
(LLP) groundfish or crab species
*
*
*
*
*
(6) * * *
(x) Surrender of groundfish or crab
LLP. A groundfish or crab LLP license
may be voluntarily surrendered in
accordance with paragraph (a)(9) of this
section. A surrendered groundfish or
crab LLP license will cease to exist and
will not be subsequently reissued.
Contact NMFS/RAM for more
information by telephone locally at 907–
586–7202 (Option #2) or toll-free at
800–304–4846 (option #2).
*
*
*
*
*
(l) * * *
(1) * * *
(ii) * * *
(C) Surrender of AFA permits. Except
for AFA inshore processor permits, AFA
permits may not be surrendered.
*
*
*
*
*
(iv) Amended permits. AFA vessel
and processor permits may not be used
on or transferred to any vessel or
processor that is not listed on the
permit. However, AFA permits may be
amended by NMFS to reflect any change
in the ownership of the vessel or
processor after submittal of this
information to NMFS in a written letter.
*
*
*
*
*
(5) * * *
(ii) Surrender of permit. An AFA
inshore processor permit may be
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55381
voluntarily surrendered in accordance
with paragraph (a)(9) of this section.
The AFA inshore processor permit will
not be reissued in the same fishing year
in which it was surrendered, but may be
reapplied for and if approved, reissued
to the permit holder of record in a
subsequent fishing year. Contact NMFS/
RAM for more information by telephone
locally at 907–586–7202 (Option #2) or
toll-free at 800–304–4846 (option #2).
*
*
*
*
*
4. In § 679.5:
A. Paragraphs (j) and (m) are removed
and reserved.
B. Paragraphs (a) through (f), (g)(1)
introductory text, (h), (i), (l)(1)(iv), and
(l)(2) are revised.
The revisions read as follows:
§ 679.5
(R&R).
Recordkeeping and reporting
(a) General R&R requirements. R&R
requirements include, but are not
limited to, paper and electronic
documentation, logbooks, forms,
reports, receipts, computer printouts,
and requests for inspection described in
this section and in § 679.28.
(1) Groundfish logbooks and forms. (i)
The Regional Administrator will
prescribe and provide groundfish
logbooks required under this section.
All groundfish forms required under
this section are available from the
Alaska Region Web site at https://
www.alaskafisheries.noaa.gov or may be
requested by calling the Sustainable
Fisheries Division at 907–586–7228 or
faxing 907–586–7465. The forms may be
completed online, printed, and mailed
or faxed to NMFS at the address or fax
number shown on the form. The forms
also may be completed online, saved as
a file, and submitted to NMFS as an
attachment to an e-mail to the e-mail
address shown on the form.
(ii) Current editions. The operator
must use the current edition of the
logbooks and current format of the
forms. Upon approval from the Regional
Administrator NMFS-approved
electronic versions of the forms may be
used. Upon written notification and
approval by the Regional Administrator,
logbooks from the previous year may be
used.
(iii) Management program defined. A
‘‘management program’’ is a unique
fishery program with a specific
management strategy and/or allocation.
Harvest that occurred under the
management programs listed below
must be recorded separately in the
logbooks, forms, and eLandings.
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Record the . . .
For more information, see . . .
(A) Western Alaska Community Development
Quota (CDQ).
(B) Exempted Fishery .........................................
(C) Research Fishery .........................................
(D) Aleutian Islands Pollock (AIP) ......................
(E) Open access (OA) ........................................
rwilkins on PROD1PC63 with PROPOSALS2
If harvest made under . . . program
CDQ group number .........................................
subpart C of this part.
Exempted fishery permit number .....................
Research fishery permit number .....................
n/a ....................................................................
[for recording in eLandings only] .....................
§ 679.6.
§ 600.745(a) of this chapter.
subpart F of this part.
paragraph (e) of this section.
(2) Responsibility. (i) The operator of
a catcher vessel, catcher/processor,
mothership, or buying station receiving
groundfish from a catcher vessel and
delivering to a mothership (hereafter
referred to as the operator) and the
manager of a shoreside processor, SFP,
or buying station receiving groundfish
from a catcher vessel and delivering to
a shoreside processor or SFP (hereafter
referred to as the manager) are each
responsible for complying with the
applicable R&R requirements in this
section and in § 679.28.
(ii) The owner of a vessel, shoreside
processor, SFP, 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 applicable
R&R requirements in this section and in
§ 679.28.
(iii) The IFQ permit holder, IFQ hired
master permit holder, or Registered
Buyer must comply with the R&R
requirements provided at paragraphs (e),
(g), (k), and (l) of this section.
(iv) The CDQ permit holder, CDQ
hired master permit holder, or
Registered Buyer must comply with the
R&R requirements provided at
paragraphs (e), (g), (k), and (l)(1) through
(6) of this section.
(3) Fish to be recorded and reported.
The operator or manager must record
and report the following information
(see paragraphs (a)(3)(i) through (iv) of
this section) for all groundfish (see
Table 2a to this part), prohibited species
(see Table 2b to this part) and forage fish
(see Table 2c to this part). The operator
or manager may record and report the
following information (see paragraphs
(a)(3)(i) through (iv) of this section) for
non-groundfish (see Table 2d to this
part):
(i) Harvest information;
(ii) Receipt information from catcher
vessels and buying stations, including
fish received from vessels not required
to have an FFP; and fish received under
contract for handling or processing for
another processor;
(iii) Discard or disposition
information, including fish reported but
not delivered to the operator or
manager, e.g., fish used onboard a
vessel, when receiving catch from a
catcher vessel or buying station; and
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(iv) Transfer information, including
fish transferred out of the facility or off
the vessel.
(4) Exemptions—(i) Catcher vessels
less than 60 ft (18.3 m) LOA. Except for
the vessel activity report described at
paragraph (k) of this section, the owner
or operator of a catcher vessel less than
60 ft (18.3 m) LOA is not required to
comply with the R&R requirements of
this section.
(ii) Catcher vessels that take
groundfish in crab pot gear for use as
crab bait on that vessel. (A) Owners or
operators of catcher vessels who, when
crab is open anywhere or in the same
area as an open crab season, take
groundfish in crab pot gear for use as
crab bait onboard their same vessels,
and the bait is neither transferred nor
sold, are not required to comply with
R&R requirements 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 onboard 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.
(5) Inspection and retention of
records—(i) Inspection of records. The
operator or manager must make
available for inspection the R&R
documentation in this section and in
§ 679.28 upon the request of an
authorized officer.
(ii) Retention of records. The operator
or manager must retain the R&R
documentation described in this section
and in § 679.28:
(A) On site. Retain these records on
site at the shoreside processor or SFP,
or onboard the vessel 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 R&R documentation are
retained.
(B) For 3 years. Retain these records
for 3 years after the end of the fishing
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year during which the records were
made.
(6) Maintenance of records. The
operator or manager must maintain all
records described in this section and in
§ 679.28 in English and in a legible,
timely, and accurate manner, based on
Alaska local time (A.l.t.); if handwritten,
in indelible ink; if computer-generated,
as a legible printed paper copy.
(7) Custom processing. The manager
of a shoreside processor or SFP or the
operator of a mothership must record
products that result from custom
processing for another person in
eLandings consistently throughout a
fishing year using one of the following
two methods:
(i) Combined records. Record
landings, discards or dispositions, and
products of custom-processed
groundfish routinely in eLandings using
processor name, FFP or FPP number,
and ADF&G processor code; or
(ii) Separate records. Record landings,
discards or dispositions, and products
of custom-processed groundfish in
eLandings identified by the name, FPP
number or FFP number, and ADF&G
processor code of the associated
business entity.
(b) Representative. The operator of a
catcher vessel, mothership, catcher/
processor, or buying station delivering
to a mothership or manager of a
shoreside processor, SFP, or buying
station delivering to a shoreside
processor or SFP may identify one
contact person to complete the logbook
and forms and to respond to inquiries
from NMFS. Designation of a
representative under this paragraph
does not relieve the owner, operator, or
manager of responsibility for
compliance under paragraphs (a)(1)
through (6) of this section.
(c) Logbooks—(1) Requirements—(i)
Use of two or more vessel logbooks of
same gear type. If using more than one
logbook of the same gear type in a
fishing year onboard a vessel, the
operator must ensure that the page
numbers follow the consecutive order of
the previous logbook.
(ii) Use of two or more vessel logbooks
of different gear types. If two or more
different gear types are used onboard a
vessel in a fishing year, the operator(s)
of this vessel must use the same number
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of separate vessel logbooks for the
different gear types, each separately
paginated.
(iii) Two vessel logbooks for pair
trawl. If two vessels are dragging a trawl
between them (pair trawl), the operator
of each vessel must maintain a separate
logbook to record the amount of the
catch retained and fish discarded by
that vessel. Each of the two logbooks
must be separately paginated.
(iv) Two logbooks of different
operation. If a vessel functions both as
a mothership and as a catcher/processor
in the same fishing year, the operator(s)
must maintain two logbooks, a separate
logbook for each operation type, each
separately paginated.
(v) Alteration of logbook information.
(A) Except as described in paragraph
(c)(1)(v)(B) of this section, no person
may alter or change any entry or record
in a logbook.
(B) An inaccurate or incorrect entry or
record must be corrected by lining out
the original and inserting the correction,
55383
provided that the original entry or
record remains legible. All corrections
must be made in ink.
(vi) Logsheet distribution and
submittal. (A) No person except an
authorized officer may remove any
original white logsheet of any logbook.
(B) The operator must distribute and
submit logsheets as indicated in the
following table:
LOGSHEET DISTRIBUTION AND SUBMITTAL
If logsheet color
is . . .
Logsheet found in these
logbooks
Submit to . . .
Time limit
CV
lgl
CV
trw
CP
lgl
CP
trw
MS
(1) White ...........
X
X
X
X
X
(2) Goldenrod ....
X
X
X
X
X
Observer ..........................................................
(3) Yellow ..........
X
X
X
X
X
Must submit quarterly to: NOAA Fisheries Office for Law Enforcement Alaska Region
Logbook Program, P.O. Box 21767, Juneau, AK 99802–1767, Telephone: 907–
586–7225.
(4) Blue .............
X
X
......
......
......
(5) Green ..........
X
......
X
......
......
Mothership, shoreside processor, SFP, or
buying station that receives the harvest.
Optional, but may be required by IPHC (see
§§ 300.60 through 300.65 of this chapter).
Must retain, permanently bound in logbook.
After signature of operator and prior to departure of observer from the vessel.
On the following schedule:
1st quarter by May 1 of that fishing year.
2nd quarter by August 1 of that fishing year.
3rd quarter by November 1 of that fishing
year.
4th quarter by February 1 of the following
fishing year.
Within 2 hours after completion of catch delivery.
If required, after the vessel’s catch is off-loaded.
Note: CP = catcher/processor; CV = catcher vessel; lgl = longline; trw = trawl; MS = mothership.
(2) Recording active and inactive time
periods in the DFL or DCPL—(i) Account
for each day of the fishing year. The
operator must account for each day of
the fishing year, January 1 through
December 31, in the DFL or DCPL and
indicate whether the vessel or processor
was active or inactive during the time
period.
(A) An active period by fishing
category is defined in the following
paragraphs under this section:
Paragraph
Fishing category
(c)(3)(iv)(A)(1) .....
(c)(3)(iv)(B)(1) .....
(c)(4)(iv)(A)(1) .....
(c)(4)(iv)(B)(1) .....
rwilkins on PROD1PC63 with PROPOSALS2
(c)(5)(ii) ...............
(c)(6)(iv) ..............
Catcher vessel, longline
or pot gear.
Catcher/processor,
longline or pot gear.
Catcher vessel, trawl
gear.
Catcher/processor, trawl
gear.
Shoreside processor or
SFP.
Mothership.
(B) An inactive period is defined as a
time period other than active.
(ii) Record January 1 on page 1. The
operator must record the first day of the
fishing year, January 1, on page one of
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19:24 Sep 23, 2008
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the DFL or DCPL regardless of whether
the vessel or processor was active or
inactive. The operator must record time
periods consecutively.
(iii) Required information for inactive
periods. If inactive, the operator must
record the following information (see
paragraphs (c)(2)(iii)(A) through (F) of
this section) on one logsheet in the DFL
or DCPL:
(A) If a catcher vessel, vessel name,
ADF&G vessel registration number, FFP
number or Federal crab vessel permit
number, operator printed name,
operator signature, and page number.
(B) If a mothership or catcher/
processor, record vessel name, ADF&G
processor code, FFP number, operator
printed name, operator signature, and
page number.
(C) Mark ‘‘inactive.’’
(D) Record the date (mm/dd) of the
first day when inactive under ‘‘Start
date.’’
(E) Write brief explanation why
inactive, e.g., bad weather or equipment
failure. If inactive due to surrender of a
FFP or FPP, write ‘‘surrender of permit’’
as the reason for inactivity.
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(F) Record the date (mm/dd) of the
last day when inactive under ‘‘End
date.’’
(iv) Inactive two or more quarters. If
the inactive time period extends across
two or more successive quarters, the
operator must complete a logsheet for
each inactive quarter. The first logsheet
must indicate the first and last day of
the first inactive quarter. Successive
logsheets must indicate the first and last
day of its respective inactive quarter.
(3) Longline and pot gear catcher
vessel DFL and catcher/processor
DCPL—(i) Responsibility—(A)
Groundfish fisheries. (1) Except as
described in paragraph (f)(1)(i) of this
section, the operator of a catcher vessel
60 ft (18.3 m) or greater LOA, that is
required to have an FFP under
§ 679.4(b) and that is using longline or
pot gear to harvest groundfish must
maintain a longline and pot gear DFL.
(2) Except as described in paragraph
(f)(1)(ii) of this section, the operator of
a catcher/processor that is required to
have an FFP under § 679.4(b) and that
is using longline or pot gear to harvest
groundfish must use a combination of
catcher/processor longline and pot gear
DCPL and eLandings to record and
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report daily processor identification
information, catch-by-set information,
groundfish production data, and
groundfish and prohibited species
discard or disposition data.
(B) IFQ halibut, CDQ halibut, and IFQ
sablefish fisheries. (1) Except as
described in paragraph (f)(1)(i) of this
section, the operator of a catcher vessel
60 ft (18.3 m) or greater LOA, using
fixed gear (NMFS), setline (IPHC), or pot
gear to harvest IFQ sablefish, IFQ
halibut, or CDQ halibut from the GOA
or BSAI, must maintain a longline and
pot gear DFL.
(2) Except as described in paragraph
(f)(1)(ii) of this section, the operator of
a catcher/processor that is using
longline or pot gear to harvest IFQ
sablefish, IFQ halibut, or CDQ halibut
from the GOA or BSAI must use a
combination of catcher/processor
longline and pot gear DCPL and
eLandings to record and report daily
processor identification information,
catch-by-set halibut and sablefish
landings data, and halibut, sablefish,
and prohibited species discard or
disposition data.
(C) CR crab fisheries. (1) The operator
of a catcher vessel 60 ft (18.3 m) or
greater LOA, using pot gear to harvest
CR crab from the BSAI must maintain a
longline and pot gear DFL.
(2) The operator of a catcher/
processor that is using pot gear to
harvest CR crab from the BSAI must use
a combination of catcher/processor
longline and pot gear DCPL and
eLandings to record and report daily
processor identification information, CR
crab landings data, and CR crab and
prohibited species discard or
disposition data.
(ii) Data entry time limits—(A)
Catcher vessel. The operator of a catcher
vessel using longline or pot gear must
record in the DFL the information from
the following table for each set within
the specified time limit:
DATA ENTRY TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR
Required information
Time limit for recording
(1) Set number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number, halibut CDQ permit
number, halibut IFQ permit number, sablefish IFQ permit number,
crab IFQ permit number, FFP number and/or Federal crab vessel
permit number (if applicable), number of pots set, and estimated total
hail weight for each set.
(2) Discard and disposition information ....................................................
(3) Submit the blue DFL to mothership, shoreside processor, SFP, or
buying station receiving catch.
(4) All other required information .............................................................
(5) Operator sign the completed logsheets ..............................................
(6) Submit goldenrod logsheet to the observer .......................................
(B) Catcher/processor. The operator of
a catcher/processor using longline or
Within 2 hours after completion of gear retrieval.
By noon each day to record the previous day’s discard and disposition
information.
Within 2 hours after completion of catch delivery.
Within 2 hours after the vessel’s catch is off-loaded, notwithstanding
other time limits.
Within 2 hours after completion of catch delivery.
After signature of operator and prior to departure of observer from the
vessel.
pot gear must record in the DCPL or
eLandings the information from the
following table for each set within the
specified time limit:
DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR
Record in
Required information
Time limit for recording
DCPL
eLandings
X
X
Within 2 hours after completion of gear retrieval.
....................
X
(3) Product information .....................................................
....................
X
(4) All other required information ......................................
(5) Operator sign the completed logsheets ......................
X
X
X
X
(6) Submit goldenrod logsheet to the observer ................
rwilkins on PROD1PC63 with PROPOSALS2
(1) Set number, time and date gear set, time and date
gear hauled, beginning and end positions, CDQ group
number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ
permit number, FFP number and/or Federal crab vessel permit number (if applicable), number of pots set,
and estimated total hail weight for each set.
(2) Discard and disposition information ............................
X
....................
By noon each day to record the previous day’s discard
and disposition information.
By noon each day to record the previous day’s production information.
By noon of the day following completion of production.
By noon of the day following the week-ending date of
the weekly reporting period.
After signature of operator and prior to departure of observer from the vessel.
(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active—
(A) Catcher vessel, longline or pot gear.
(1) A catcher vessel using longline or
pot gear is active when gear remains on
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19:24 Sep 23, 2008
Jkt 214001
the grounds in a reporting area (except
reporting areas 300, 400, 550, or 690),
regardless of the vessel location.
(2) If the catcher vessel identified in
paragraph (c)(3)(i)(A)(1) of this section
is active, the operator must record in the
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DFL, for one or more days on each
logsheet, the information listed in
paragraphs (c)(3)(v), (vi), (viii), (ix), and
(x) of this section.
(3) Retain and record discard
quantities over the MRA. When a
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catcher vessel is fishing in an IFQ
fishery and the fishery for Pacific cod or
rockfish is closed to directed fishing but
not in PSC status in that reporting area
as described in § 679.20, the operator
must retain and record up to and
including the maximum retainable
amount (MRA) for Pacific cod or
rockfish as defined in Table 10 or 11 to
this part. Quantities over this amount
must be discarded and recorded as
discard in the logbook.
(B) Catcher/processor, longline or pot
gear. (1) A catcher/processor using
longline or pot gear is active when
processing or when all or part of the
longline or pot gear is in the water.
(2) If the catcher/processor identified
in paragraph (c)(3)(i)(A)(2) of this
section is active, the operator must
record in the DCPL the information
listed in paragraphs (c)(3)(v) and (vi) of
this section and must record in
eLandings the information listed in
paragraphs (c)(3)(v), (vii), (viii), and (x)
of this section.
(3) Retain and record discard
quantities over the MRA. When a
catcher/processor is fishing in an IFQ
fishery and the fishery for Pacific cod or
rockfish is closed to directed fishing but
not in PSC status in that reporting area
as described in § 679.20, the operator
must retain and record up to and
including the MRA for Pacific cod or
rockfish as defined in Table 10 or 11 to
this part. Quantities over this amount
must be discarded and recorded as
discard in eLandings.
(v) Identification information—(A)
Page number. Number the pages in each
logbook consecutively, beginning on the
first page of the DFL or DCPL with page
1 for January 1 and continuing for the
remainder of the fishing year.
(B) Printed name and signature of
operator. The operator’s name must be
printed in the DFL or DCPL. The
operator must sign each completed
logsheet of the DFL or DCPL as
verification of acceptance of the
responsibility required in paragraph
(a)(2) of this section.
(C) Vessel identification. Name of
vessel as displayed in official
documentation; FFP number or Federal
crab vessel permit number of the vessel;
and ADF&G vessel registration number
if a catcher vessel or ADF&G processor
code if a catcher/processor.
(D) Other permit numbers (if
applicable). IFQ permit number of the
operator, if any, and each permit
number of any IFQ permit on which
anyone aboard is authorized to fish;
groundfish CDQ group number; and
halibut CDQ permit number.
55385
(E) Reporting area—(1) Groundfish.
Record the Federal reporting area code
(see Figures 1 and 3 to this part) where
gear retrieval was completed, regardless
of where the majority of the set took
place. Use a separate logsheet for each
reporting area.
(2) IFQ halibut and CDQ halibut.
Record the IPHC regulatory area (see
Figure 15 to this part) where gear
retrieval was completed, regardless of
where the majority of the set took place.
(3) CR crab. Leave this field blank.
(F) Crew size. If a catcher vessel,
record the number of crew members
(including operator), excluding certified
observer(s), on the last day of a trip. If
a catcher/processor, record the number
of crew members (including operator),
excluding certified observer(s), on the
last day of the weekly reporting period.
(G) Gear type. Use a separate logsheet
for each gear type. From the following
table, indicate the gear type used to
harvest the fish and appropriate ‘‘gear
ID.’’ In addition, if using hook-and-line
gear, enter the alphabetical letter that
coincides with the gear description. If
gear information is the same on
subsequent logsheets, mark the box
instead of re-entering the gear type
information on the next logsheet.
If gear type is . . .
Then . . .
(1) Other gear .....................................................
(2) Pot gear .........................................................
If gear is other than those listed within this table, indicate ‘‘Other’’ and describe.
Enter the number of pots lost (optional, but may be required by IPHC regulations (see
§§ 300.60 through 300.65 of this chapter)) and number of pots set.
Indicate:
(i) Whether gear is fixed hook (conventional or tub), autoline, or snap (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)).
(ii) Length of skate to the nearest foot (optional, but may be required by IPHC regulations (see
§§ 300.60 through 300.65 of this chapter)), number of skates lost (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)), and number of
skates set.
(iii) Number of hooks per skate (optional, but may be required by IPHC regulations (see
§§ 300.60 through 300.65 of this chapter)), size of hooks, and hook spacing in feet.
(iv) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part).
rwilkins on PROD1PC63 with PROPOSALS2
(3) Hook-and-line gear ........................................
(H) Management program. Indicate
whether harvest occurred under a
management program (see paragraph
(a)(1)(iii) of this section). Use a separate
logsheet for each management program.
If harvest is not under one of the listed
management programs, leave blank.
(I) Observer information. Record the
number of observers aboard, the name of
the observer(s), and the observer cruise
number(s).
(vi) Catch-by-set information. The
operator must record the following
information (see paragraphs (c)(3)(vi)(A)
through (L) of this section) for each set
(see § 679.2) in the DFL or DCPL. If no
catch occurred for a given day, write
‘‘no catch.’’
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19:24 Sep 23, 2008
Jkt 214001
(A) Set number. Sequentially by year.
(B) Gear deployment (or to set gear)—
(1) Hook-and-line gear begin position.
Record date (mm/dd), time (in military
format, A.l.t.), and the begin position (in
latitude and longitude to the nearest
minute; indicate E or W for longitude)
when the first hook-and-line gear of a
set enters the water.
(2) Jig or troll gear begin position.
Record date (mm/dd), time (in military
format, A.l.t.), and the begin position
(latitude and longitude to the nearest
minute; indicate E or W for longitude)
when the jig or troll gear enters the
water.
(3) Pot gear begin position. Record
date (mm/dd), time (in military format,
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A.l.t.), and the begin position (latitude
and longitude to the nearest minute;
indicate E or W for longitude) when the
pot gear enters the water.
(C) Gear retrieval (or to haul gear)—
(1) Hook-and-line gear end position.
Date (mm/dd), time (in military format,
A.l.t.), and end position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude),
where the last hook-and-line gear of a
set leaves the water, regardless of where
the majority of the set took place.
(2) Jig or troll gear end position. Date
(mm/dd), time (in military format,
A.l.t.), and end position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude)
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rwilkins on PROD1PC63 with PROPOSALS2
where the jig or troll gear leaves the
water.
(3) Pot gear end position. Date (mm/
dd), time (in military format, A.l.t.), and
end position coordinates (in latitude
and longitude to the nearest minute;
indicate E or W for longitude) where the
last pot of a set is retrieved, regardless
of where the majority of the set took
place.
(D) Begin and end buoy or bag
numbers. (optional, but may be required
by IPHC regulations (see §§ 300.60
through 300.65 of this chapter)).
(E) Begin and end gear depths.
Recorded to the nearest fathom
(optional, but may be required by IPHC
regulations (see §§ 300.60 through
300.65 of this chapter)).
(F) Species codes. The operator must
record and report required information
for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b to
this part), and forage fish (see Table 2c
to this part). The operator may record
and report information for nongroundfish (see Table 2d to this part).
(G) Target species code. Enter the
species code of the intended species to
be harvested. Enter only one target
species code.
(H) Estimated total hail weight. Enter
the estimated hail weight, which is an
estimate of the total weight of the entire
catch without regard to species. Indicate
whether weight is estimated to the
nearest pound or to the nearest 0.001
mt.
(I) IR/IU species (see § 679.27). If a
catcher/processor, enter species code of
IR/IU species and estimated total round
weight for each IR/IU species, if
applicable; indicate whether weight is
estimated to the nearest pound or the
nearest 0.001 mt. Use one line to record
information for each IR/IU species,
including species code and amount of
catch. If more than one IR/IU species are
to be recorded, the operator must use a
separate line for each species.
(J) IFQ halibut and CDQ halibut.
Estimated total net weight of IFQ
halibut and CDQ halibut to the nearest
pound.
(K) IFQ sablefish. Number and
estimated total round weight of IFQ
sablefish to the nearest pound. Indicate
whether IFQ sablefish product is
Western cut, Eastern cut, or round
weight.
(L) CR crab. If in a CR crab fishery,
record the number and scale weight of
raw CR crab to the nearest pound.
(vii) Product information, catcher/
processor. The operator of a catcher/
processor using longline or pot gear
must record groundfish product
information for all retained groundfish
in eLandings (see paragraph (e)(10) of
this section).
(viii) Discard or disposition
information, catcher vessel. The
operator must record in a DFL the
discard or disposition information that
occurred prior to and during delivery to
a buying station, mothership, shoreside
processor, or SFP. Discard or
disposition information must include
the daily weight of groundfish, daily
weight of herring PSC, and daily
number of PSC animals. If no discard or
disposition occurred for a given day, the
operator must write ‘‘no discards or
disposition.’’
(A) Enter discard or disposition
information by species codes and
product codes as follows:
(1) Date (mm/dd) of discard or
disposition (day that discard or
disposition occurred).
(2) For whole fish discard or
disposition of groundfish or Pacific
herring PSC, daily estimated total
weight, balance forward weight from the
previous day, and cumulative total
weight since last delivery for each
species; indicate whether weight is
estimated to the nearest pound or
nearest 0.001 mt.
(3) For whole fish discard or
disposition of each prohibited species
(Pacific salmon, steelhead trout, Pacific
halibut, king crabs, and Tanner crabs)
record the daily estimated total number,
balance forward from the previous day,
and cumulative total number since the
last delivery.
(4) Summarize the weekly cumulative
discard and disposition totals of
groundfish weights and number of PSC
animals separately by reporting area,
management program, and gear type.
Determine the weekly cumulative total
by adding daily totals and the balance
carried forward from the day before.
(B) The operator must record ‘‘0’’ or
zero balance forward and start a new
logsheet after the offload or transfer of
all fish or fish product onboard and
prior to the beginning of each fishing
trip. Nothing shall be carried forward
from the previous fishing trip.
(ix) Discard or disposition
information, catcher/processor. The
operator of a catcher/processor using
longline or pot gear must record all
discard or disposition information in
eLandings (see paragraph (e)(10) of this
section).
(x) Catcher vessel delivery
information. The operator of a catcher
vessel must enter the following
information (see paragraphs (c)(3)(x)(A)
through (D) of this section) for delivery
to a buying station, mothership,
shoreside processor, or SFP:
(A) Date (mm/dd) that delivery of
harvest was completed.
(B) ADF&G fish ticket issued to
operator by the recipient, Registered
Buyer, or RCR receiving the delivery.
(C) Name of recipient, Registered
Buyer, or RCR.
(D) For the unloading port, enter the
name of the port or port code (see
Tables 14a and 14b to this part) of
delivery location.
(4) Trawl gear catcher vessel DFL and
catcher/processor DCPL—(i)
Responsibility.
(A) Except as described in paragraph
(f)(1)(iii) of this section, the operator of
a catcher vessel 60 ft (18.3 m) or greater
LOA, that is required to have an FFP
under § 679.4(b), and that is using trawl
gear to harvest groundfish must
maintain a trawl gear DFL, must
complete one or more logsheets per day.
Upon notification by the Regional
Administrator, a DFL from the previous
year may be used.
(B) Except as described in paragraph
(f)(1)(iv) of this section, the operator of
a catcher/processor that is required to
have an FFP under § 679.4(b) and that
is using trawl gear to harvest groundfish
is required to use a combination of
catcher/processor trawl gear DCPL and
eLandings to record and report daily
processor identification information,
catch-by-haul landings information,
groundfish production data, and
groundfish and prohibited species
discard or disposition data.
(ii) Data entry time limits—(A)
Catcher vessel. The operator of a catcher
vessel using trawl gear must record in
the DFL the information in the
following table for each haul within the
specified time limit:
DATA ENTRY TIME LIMITS, CATCHER VESSEL TRAWL GEAR
Required information
Time limit for recording
(1) Haul number, time and date gear set, time and date gear hauled,
beginning and end positions, CDQ group number (if applicable), and
total estimated hail weight for each haul.
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Within 2 hours after completion of gear retrieval.
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DATA ENTRY TIME LIMITS, CATCHER VESSEL TRAWL GEAR—Continued
Required information
Time limit for recording
(2) Discard and disposition information ....................................................
By noon each day to record the previous day’s discard and disposition
information.
Within 2 hours after completion of catch delivery.
(3) Submit blue DFL to mothership, shoreside processor, SFP, or buying station receiving the catch.
(4) Record all other required information .................................................
(5) Operator sign the completed logsheets ..............................................
(6) Submit the goldenrod logsheet to the observer .................................
(B) Catcher/processor. The operator of
a catcher/processor using trawl gear
Within 2 hours after the vessel’s catch is off-loaded, notwithstanding
other time limits.
Within 2 hours after completion of catch delivery.
After signature of operator and prior to departure of observer from the
vessel.
must record in the DCPL or eLandings
the information in the following table
for each haul within the specified time
limit:
DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Record in
Required information
Time limit for recording
DCPL
eLandings
X
X
....................
X
(3) Record product information .........................................
....................
X
(4) Record all other required information .........................
X
X
(5) Operator sign the completed logsheets ......................
X
X
(6) Submit the goldenrod logsheet to the observer ..........
rwilkins on PROD1PC63 with PROPOSALS2
(1) Haul number, time and date gear set, time and date
gear hauled, begin and end positions of gear, CDQ
group number (if applicable), and total estimated hail
weight for each haul, or if required to use a NMFS-approved scale, the scale weight for each haul.
(2) Discard and disposition information ............................
X
....................
(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active—
(A) Catcher vessel. (1) A catcher vessel
using trawl gear is active when all or
part of the trawl net is in the water.
(2) If the catcher vessel identified in
paragraph (c)(4)(i)(A) of this section is
active, the operator must record for one
day per logsheet in the DFL, the
information described in paragraphs
(c)(4)(v), (vi), (viii), and (x) of this
section.
(B) Catcher/processor. (1) A catcher/
processor using trawl gear is active
when processing groundfish or when all
or part of the trawl net is in the water.
(2) If the catcher/processor identified
in paragraph (c)(4)(i)(B) of this section is
active, the operator must record for one
day per logsheet in the DCPL, the
information described in paragraphs
(c)(4)(v) and (vi) of this section and
record in eLandings the information
described in paragraphs (c)(4)(v), (vii),
and (ix) of this section.
(v) Identification information. If
active, the operator must record the
following information (see paragraphs
(c)(4)(v)(A) through (J) of this section):
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19:24 Sep 23, 2008
Jkt 214001
Except for Rockfish Pilot Program, within 2 hours after
completion of gear retrieval.
For Rockfish Pilot Program, actual scale weight from
the flow scale may be recorded within 24 hours after
completion of gear retrieval.
By noon each day to record the previous day’s discard
and disposition information.
By noon each day to record the previous day’s production information.
By noon of the day following completion of production to
record all other required information.
By noon of the day following the week-ending date of
the weekly reporting period.
After signature of operator and prior to departure of observer from the vessel.
(A) Date. Enter date of each day (mm/
dd/yy). This date is also the date of gear
deployment.
(B) Page number. Number the pages in
each logbook consecutively, beginning
on the first page of the DFL or DCPL
with page 1 for January 1 and
continuing for the remainder of the
fishing year.
(C) Printed name and signature of
operator. The operator’s name must be
printed in the DFL or DCPL. The
operator must sign each completed
logsheet of the DFL or DCPL as
verification of acceptance of the
responsibility required in paragraph
(a)(2) of this section. The operator’s
signature is due by noon of the day
following the week-ending date of the
weekly reporting period.
(D) Vessel identification. Name of
vessel as displayed in official
documentation; FFP number of the
vessel; ADF&G vessel registration
number if a catcher vessel; and ADF&G
processor code if a catcher/processor.
(E) Federal reporting area. Record the
Federal reporting area code where gear
retrieval was completed, regardless of
where the majority of the set took place.
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Sfmt 4702
Use a separate logsheet for each
reporting area.
(F) COBLZ or RKCSA. If gear retrieval
occurred in the COBLZ (see Figure 13 to
this part) or RKCSA (see Figure 11 to
this part) area within a reporting area,
use two separate logsheets, the first to
record the information from the
reporting area that includes COBLZ or
RKCSA, and the second to record the
information from the reporting area that
does not include COBLZ or RKCSA.
(G) Crew size. If a catcher vessel,
record the number of crew members
(including operator), excluding certified
observer(s), on the last day of a trip. If
a catcher/processor, record the number
of crew members (including operator),
excluding certified observer(s), on the
last day of the weekly reporting period.
(H) Gear type. Use a separate logsheet
for each gear type. Indicate whether
pelagic trawl or non-pelagic trawl gear
was used to harvest the fish.
(I) Management program. Indicate
whether harvest occurred under one of
the management programs (see
paragraph (a)(1)(iii) of this section). Use
a separate logsheet for each management
program. If harvest is not under one of
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the listed management programs, leave
blank.
(J) Observer information. Record the
number of observers aboard, the name of
the observer(s), and the observer cruise
number(s).
(vi) Catch-by-haul information. The
operator must record the following
information (see paragraphs (c)(4)(vi)(A)
through (H) of this section) for each haul
(see § 679.2). If no catch occurred for a
given day, write ‘‘no catch.’’
(A) Haul number. Number hauls
sequentially by year.
(B) Gear deployment (or to set gear).
Record the following information (see
paragraphs (c)(4)(vi)(B)(1) and (2) of this
section) for trawl gear deployment:
(1) The time (in military format, A.l.t.)
when the trawl net enters the water, and
(2) The position (latitude and
longitude to the nearest minute; indicate
E or W for longitude) where the trawl
net enters the water.
(C) Gear retrieval (or to haul gear).
Record the following information (see
paragraphs (c)(4)(vi)(C)(1) and (2) of this
section) for trawl gear retrieval:
(1) The date (mm/dd) and time (in
military format, A.l.t.) when retrieval of
trawl gear cable begins.
(2) The position (in latitude and
longitude to the nearest minute; indicate
E or W for longitude) where retrieval of
trawl gear cable begins.
(D) Average sea depth and average
gear depth. Average sea depth and
average gear depth; indicate whether
average is reported to the nearest meter
or fathom.
(E) Species codes. The operator must
record and report the required
information for all groundfish (see Table
2a to this part), prohibited species (see
Table 2b to this part), and forage fish
(see Table 2c to this part). The operator
may also record and report the required
information for non-groundfish (see
Table 2d to this part).
(F) Target species code. Enter the
species code of the species to be
harvested. Enter only one target species
code.
(G) IR/IU species (see § 679.27). If a
catcher/processor, enter species code of
IR/IU species and estimated total round
weight for each IR/IU species, if
applicable; indicate whether estimated
weight is to the nearest pound or the
nearest 0.001 mt. Use one line to record
information for each IR/IU species,
including species code and amount of
catch. If more than one IR/IU species are
to be recorded, the operator must use a
separate line for each species.
(H) Total estimated hail weight. (1) If
a catcher vessel or catcher/processor
VerDate Aug<31>2005
19:24 Sep 23, 2008
Jkt 214001
using trawl gear and not using NMFSapproved scales, the operator must
record the hail weight of each haul; total
hail weight is an estimate of the total
weight of the entire catch without
regard to species. Indicate whether
estimated weight is to the nearest pound
or to the nearest 0.001 mt.
(2) If a catcher/processor using trawl
gear is required to use a NMFSapproved scale, the operator must
record the scale weight of each haul
without regard to species. Indicate
whether weight is to the nearest pound
or to the nearest 0.001 mt.
(vii) Product information, catcher/
processor. The operator of a catcher/
processor using trawl gear must record
all product information for all retained
groundfish in eLandings (see paragraph
(e)(10) of this section).
(viii) Discard or disposition
information, catcher vessel. The
operator must record in a DFL (see
paragraphs (c)(4)(viii)(A) through (E) of
this section) the discard or disposition
that occurred prior to and during
delivery to a buying station, mothership,
shoreside processor, or SFP. If no
discards or disposition occurred on a
given day, write ‘‘no discards or
disposition.’’
(A) Species code and product code.
Record the species code and product
code for all discards and disposition of
groundfish and PSC Pacific herring,
Pacific salmon, steelhead trout, Pacific
halibut, king crabs, and Tanner crabs.
(B) Discard and disposition weight.
Record the daily estimated total round
weight of groundfish or Pacific herring
PSC discards and disposition, balance
forward weight from the previous day,
and cumulative total weight since last
delivery, calculated by adding the daily
totals and balance carried forward from
the day before; indicate whether
estimated weight is to the nearest pound
or nearest 0.001 mt.
(C) PSC discard numbers. Record the
daily number of PSC discards and
disposition, balance forward from the
previous day, and cumulative total
number since last delivery of PSC
animals (Pacific salmon, steelhead trout,
Pacific halibut, king crabs, and Tanner
crabs).
(D) Discard and disposition
cumulative total. Summarize
cumulative discard and disposition
totals of groundfish and PSC animals
separately by reporting area, if harvest
occurred in the COBLZ or RKCSA,
management program, and gear type.
(E) Discard zero balance forward.
After the offload or transfer of all fish or
fish product onboard and prior to the
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Fmt 4701
Sfmt 4702
beginning of each fishing trip, the
operator must record the balance
forward from the previous day as ‘‘zero’’
and start a new logsheet. At the
beginning of each fishing trip, nothing
shall be carried forward from the
previous fishing trip.
(ix) Discard or disposition
information, catcher/processor. The
operator of a catcher/processor using
trawl gear must record discard or
disposition information in eLandings
(see paragraph (e)(10) of this section).
(x) Catcher vessel delivery
information. The operator must enter
the following delivery information (see
paragraphs (c)(4)(x)(A) through (C) of
this section) for groundfish delivered to
a buying station, mothership, shoreside
processor, or SFP:
(A) Date (mm/dd) that delivery of
harvest was completed,
(B) ADF&G fish ticket number issued
to operator by the recipient receiving
the delivery, and
(C) Name and ADF&G processor code
of recipient.
(5) Shoreside processor DCPL. The
shoreside processor DCPL has been
replaced by eLandings and is no longer
available. (See paragraph (e) of this
section.)
(i) Required information, if inactive.
See paragraph (c)(2) of this section.
(ii) Required information, if active. A
shoreside processor or SFP is active
when receiving or processing
groundfish.
(6) Mothership DCPL—(i)
Responsibility. Except as described in
paragraph (f)(1)(v) of this section, the
operator of a mothership that is required
to have an FFP under § 679.4(b) and that
receives or processes any groundfish
from the GOA or BSAI from vessels
issued an FFP under § 679.4(b) is
required to use a combination of
mothership DCPL and eLandings to
record and report daily processor
identification information, delivery
information, groundfish production
data, and groundfish and prohibited
species discard or disposition data. The
operator must enter into the DCPL any
information for groundfish received
from catcher vessel, groundfish received
from processors for reprocessing or
rehandling, and groundfish received
from an associated buying station
documented on a BSR.
(ii) Data entry time limits. The
operator of a mothership must record in
the DCPL or eLandings the information
in the following table for each
groundfish delivery within the specified
time limit:
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55389
DATA ENTRY TIME LIMITS, MOTHERSHIP
Record In
Required information
Time limit for recording
eLandings
(A) All catcher vessel or buying station delivery information .....................
X
X
(B) Product information ..............................................................................
........................
X
(C) Discard or disposition information ........................................................
........................
X
(D) All other required information ..............................................................
X
X
(E) Operator sign the completed logsheets ...............................................
X
X
(F) Submit the goldenrod logsheet to the observer ...................................
rwilkins on PROD1PC63 with PROPOSALS2
DCPL
X
........................
(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active. A
mothership is active when receiving or
processing groundfish. If the mothership
identified in paragraph (c)(6)(i) of this
section is active, the operator must
record for one day per logsheet in the
DCPL, the information described in
paragraphs (c)(6)(v) and (vi) of this
section and record in eLandings the
information described in paragraphs
(c)(6)(v), (vii), and (viii) of this section.
(v) Identification information. If
active, the operator must record the
following information (see paragraphs
(c)(6)(v)(A) through (J) of this section) in
the DCPL:
(A) Page number. Number the pages
in each logbook consecutively,
beginning with page 1 for January 1 and
continuing throughout the logbook for
the remainder of the fishing year.
(B) Printed name and signature of
operator. The operator’s name must be
printed in the DCPL. The operator must
sign each completed DCPL logsheet as
verification of acceptance of the
responsibility required in paragraph
(a)(2) of this section.
(C) Vessel information. Name of
mothership as displayed in official
documentation, FFP number, and
ADF&G processor code.
(D) Date. Enter date (mm/dd/yy) of
each operating day.
(E) Crew size. Record the number of
crew members (including operator),
excluding certified observer(s), on the
last day of the weekly reporting period.
(F) Gear type. Indicate the gear type
of harvester. If gear type is other than
those listed, circle ‘‘Other’’ and
describe. Use a separate logsheet for
each gear type.
(G) Federal reporting areas. Record
Federal reporting area code (see Figures
VerDate Aug<31>2005
19:24 Sep 23, 2008
Jkt 214001
1 and 3 to this part) where harvest was
completed. Use a separate logsheet for
each reporting area.
(H) COBLZ or RKCSA. If groundfish
was harvested with trawl gear in the
COBLZ or RKCSA, use two separate
logsheets to record the information: One
logsheet for the reporting area that
includes COBLZ or RKCSA, and a
second logsheet to record the
information from the reporting area that
does not include COBLZ or RKCSA.
(I) Observer information. Record the
number of observers aboard, the name(s)
of the observer(s), and the observer
cruise number(s).
(J) Management program. Indicate
whether harvest occurred under one of
the management programs (see
paragraph (a)(1)(iii) of this section). Use
a separate logsheet for each management
program. If harvest is not under one of
the listed management programs, leave
blank.
(vi) Delivery information. The
operator must record delivery
information (see paragraphs (c)(6)(vi)(A)
through (H) of this section) when
unprocessed groundfish deliveries are
received by the mothership from a
buying station or a catcher vessel. If no
deliveries are received for a given day,
write ‘‘no deliveries.’’
(A) Type of delivery. Enter ‘‘CV’’ or
‘‘BS’’ to indicate if delivery was from a
catcher vessel or buying station,
respectively.
(B) Non-submittal of discard report.
Indicate whether the blue logsheet was
received from the catcher vessel at the
time of catch delivery. If the delivery
was from a buying station, leave this
column blank. If the blue logsheet is not
received from the catcher vessel, enter
‘‘NO’’ and one of the response codes in
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Fmt 4701
Sfmt 4702
Within 2 hours after completion of
receipt of each groundfish delivery.
By noon each day to record the
previous day’s production.
By noon each day to record the
previous day’s discard/disposition.
By noon of the day following completion of production.
By noon of the day following the
week-ending date of the weekly
reporting period.
After signed by the operator and
prior to departure of observer
from the mothership.
the following table to describe the
reason for non-submittal.
Non-submittal of
discard report
(1) The catcher vessel does not have
an FFP.
(2) The catcher vessel is under 60 ft
(18.3 m) LOA and does not have an
FFP.
(3) The catcher vessel is under 60 ft
(18.3 m) LOA and has an FFP.
(4) The catcher vessel delivered an
unsorted codend.
(5) Another reason; describe circumstances.
Code
‘‘P’’
‘‘P’’
‘‘L’’
‘‘U’’
‘‘O’’
(C) Vessel identification. Name and
ADF&G vessel registration number of
the catcher vessel or buying station (if
applicable) delivering the groundfish.
(D) Receipt time. Record time (in
military format, A.l.t.) when receipt of
groundfish delivery was completed.
(E) Beginning position of receipt.
Record the position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude)
where receipt of the groundfish delivery
began.
(F) Estimated total groundfish hail
weight. Enter the estimated total hail
weight of the combined species of each
delivery from a catcher vessel or buying
station. Total estimated hail weight is an
estimate of the total weight of the entire
catch without regard to species. Indicate
whether the estimated weight is to the
nearest pound or to the nearest 0.001
mt. If a catcher vessel reported discards
on a blue DFL but did not deliver
groundfish, enter ‘‘0’’ in this column.
(G) IR/IU species (see § 679.27). Enter
the species code of IR/IU species and
the estimated total round weight for
each IR/IU species, if applicable;
indicate whether estimated weight is to
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the nearest pound or the nearest 0.001
mt. Use one line to record information
for each IR/IU species, including species
code and amount of catch. If more than
one IR/IU species are to be recorded, the
operator must use a separate line for
each species.
(H) ADF&G fish ticket numbers. If
receiving unprocessed groundfish from
a catcher vessel, record the ADF&G fish
ticket number that the mothership
issued to each catcher vessel. If
receiving unprocessed groundfish from
an associated buying station, record the
ADF&G fish ticket numbers issued by
the buying station on behalf of the
mothership to the catcher vessel.
(vii) Product information. The
operator of a mothership must record all
groundfish product information in
eLandings (see paragraph (e)(10) of this
section), including products made from
unprocessed groundfish deliveries
received from a buying station or a
catcher vessel; groundfish received from
another processor or other source; and
groundfish received for custom
processing (see paragraph (a)(7) of this
section) by the mothership for another
processor or business entity.
(viii) Discard or disposition
information. The operator of a
mothership must record discard and
disposition information in eLandings
(see paragraph (e)(10) of this section).
The discard or disposition information
must include:
(A) Discards and disposition that
occurred onboard after receipt of
groundfish from a catcher vessel or
buying station;
(B) Discards and disposition that
occurred prior to, during, and after
processing of groundfish;
(C) Discards and disposition that were
reported on a blue DFL received from a
catcher vessel delivering groundfish;
(D) Discards and disposition that are
recorded on a blue DFL received from
a catcher vessel even though no
groundfish are delivered; and
(E) Discards and disposition reported
on a BSR received from a buying station
delivering groundfish, if different from
the blue DFL logsheets submitted by
catcher vessels to the buying station.
(d) Buying Station Report (BSR)—(1)
Responsibility—(i) Separate BSR. In
addition to the information required at
paragraphs (a)(5) and (6) of this section,
the operator or manager of a buying
station that receives or delivers
groundfish harvested from the GOA or
BSAI in association with a shoreside
processor or SFP as defined in
paragraph (c)(5) of this section or a
mothership as defined in paragraph
(c)(6) of this section, must complete and
retain a separate BSR for each delivery
VerDate Aug<31>2005
19:24 Sep 23, 2008
Jkt 214001
of unprocessed groundfish or donated
prohibited species received from a
catcher vessel on behalf of an associated
processor.
(ii) BSR attachments. The operator or
manager must ensure that the following
(see paragraphs (d)(1)(ii)(A) through (C)
of this section) accompanies each
groundfish delivery from the landing
site to the associated processor:
(A) A complete and accurate BSR that
describes the delivery;
(B) Any blue DFL logsheets or
equivalent printed ELB discard reports
received from a catcher vessel; and
(C) Copies of all ADF&G fish tickets
issued to the catcher vessel on behalf of
the associated processor.
(iii) The operator of a catcher vessel,
by prior arrangement with an associated
processor, may function as a buying
station for his own catch as follows:
(A) By shipping his groundfish catch
with a copy of the BSR directly to that
processor via truck or airline in the
event that the processor is not located
where the harvest is offloaded; or
(B) By driving a truck that contains
his catch and a copy of the BSR to the
processor.
(2) Data entry time limits. The
operator or manager of a buying station
must record in the BSR all required
information and sign the BSR within 2
hours of completion of delivery from a
catcher vessel.
(3) Required information, if inactive.
The operator or manager of a buying
station is not required to record
information if inactive.
(4) Required information, if active. A
buying station is active when receiving,
discarding, or delivering groundfish for
an associated processor. The operator or
manager of a buying station must record
the following information (see
paragraphs (d)(4)(i) through (x) of this
section) on a BSR for each delivery:
(i) Original/revised report. If a BSR is
the first submitted to the Regional
Administrator for a given date, gear
type, and reporting area, indicate
‘‘ORIGINAL REPORT.’’ If a report is a
correction to a previously submitted
BSR for a given date, gear type, and
reporting area, indicate ‘‘REVISED
REPORT.’’
(ii) Identification of buying station.
Enter name and ADF&G vessel
registration number if a vessel; or name,
license number, and state of license
issuance if a vehicle. The name should
be recorded as it is displayed in official
documentation.
(iii) Operator or manager name and
signature. The operator or manager must
sign the completed BSR prior to
delivery of harvest to a mothership,
shoreside processor, or SFP. This
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Fmt 4701
Sfmt 4702
signature is verification by the operator
or manager of acceptance of the
responsibility required in paragraphs
(d)(1) and (2) of this section.
(iv) Management program. Indicate
whether harvest occurred under a
management program (see paragraph
(a)(1)(iii) of this section). If harvest is
not under one of the listed management
programs, leave blank.
(v) Gear type. Indicate gear type of
harvester.
(vi) Federal reporting area. Indicate
Federal reporting area (see Figures 1 and
3 to this part) from which groundfish
were harvested.
(vii) Crab protection areas. If
harvester gear type was trawl and gear
retrieval occurred in the COBLZ or
RKCSA (see Figures 11 and 13 to this
part), use two separate BSRs to record
the information: One BSR for the
reporting area that includes COBLZ or
RKCSA, and a second BSR to record the
information from the reporting area that
does not include COBLZ or RKCSA.
(viii) Associated processor. Enter the
name, ADF&G processor code, FFP
number or FPP number of the associated
processor, date (mm/dd/yy) and time
(A.l.t., military format) delivery was
completed.
(ix) Catcher vessel delivery
information—(A) Catcher vessel
identification. Name and ADF&G vessel
registration number of catcher vessel
making the delivery.
(B) Non-submittal of discard report.
Indicate whether the blue logsheet was
received from the catcher vessel at the
time of catch delivery. If the blue
logsheet is not received from the catcher
vessel, enter ‘‘NO’’ and one of the
following response codes to describe the
reason for non-submittal.
Non-submittal of discard report
(1) The catcher vessel does not have
an FFP.
(2) The catcher vessel is under 60 ft
(18.3 m) LOA and does not have an
FFP.
(3) The catcher vessel is under 60 ft
(18.3 m) LOA and has an FFP.
(4) The catcher vessel delivered an
unsorted codend.
(5) Another reason; describe circumstances.
Code
‘‘P’’
‘‘P’’
‘‘L’’
‘‘U’’
‘‘O’’
(C) ADF&G fish ticket number. Enter
ADF&G fish ticket number issued to
catcher vessel.
(D) Species codes and scale weight. In
addition to recording the estimated total
delivery weight or actual scale weight of
a catcher vessel delivery, if the operator
or manager of the buying station sorted
the delivery prior to delivery to an
associated processor, he or she may
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enter specific species code and scale
weights of individual species to the
BSR; indicate whether to the nearest
pound or to the nearest 0.001 mt.
(E) Estimated total groundfish hail
weight. Enter the estimated total
groundfish hail weight or actual scale
weight of delivery. Estimated total hail
weight is an estimate of the total weight
of the entire catch without regard to
species. Indicate whether to the nearest
pound or to the nearest 0.001 mt.
(x) Discard and disposition
information—(A) Discard. The operator
or manager of a buying station must
record in a BSR, discard or disposition
information that:
(1) Occurred on and was reported by
a catcher vessel on a blue logsheet;
(2) Occurred on the buying station
prior to delivery to an associated
processor; and
(3) Was recorded on a blue logsheet
submitted to the buying station by a
catcher vessel when no groundfish were
delivered by the catcher vessel (for
example, disposition code 95 describes
fish or fish products eaten onboard or
taken off the vessel for personal use).
(B) No discards. If no discards or
disposition for a delivery, write ‘‘no
discards.’’
(C) Discard or disposition weight.
Total discard or disposition weight of
groundfish and herring PSC by species
code and product code (indicate
whether to nearest pound or to the
nearest 0.001 mt).
(D) PSC discard or disposition
numbers. Total PSC discard or
disposition number of animals by
species code and product code.
(e) Interagency Electronic Reporting
System (IERS) and eLandings—(1)
Responsibility—(i) Hardware, software,
and Internet connectivity. A User must
obtain at his or her own expense
hardware, software, and Internet
connectivity to support Internet
submissions of commercial fishery
landings for which participants report to
NMFS: Landings data, production data,
and discard or disposition data. The
User must enter this information via the
Internet at https://elandings.alaska.gov
by logging on to the eLandings system
or by using the desktop client software.
(ii) Computer or network failure:
groundfish. In the event the eLandings
system and/or the Internet is
unavailable for a period longer than the
required reporting time, contact NMFS
Inseason Management at 907–586–7228
for instructions. A User who for any
reason is unable to properly submit a
landing report or production report
through eLandings must record the
information in the DCPL until network
connections are restored. When the
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network is restored, the User must enter
this same information into eLandings.
(iii) Computer or network failure: IFQ
manual landing report for IFQ crab, IFQ
halibut, and IFQ sablefish. If the
Internet connection is unavailable or a
change must be made to IFQ crab, IFQ
halibut, CDQ halibut, and IFQ sablefish
information submitted through the
eLandings IFQ section (IFQ report), the
User must complete an IFQ manual
landing report to enter or change the
data. Manual landing instructions must
be obtained from OLE, Juneau, AK, at
800–304–4846 (Select Option 1).
(A) The User must complete all
questions on the manual report, even if
only one item has changed. In addition,
the following information is required:
whether the manual landing report is an
original or revised, name, telephone
number, and fax number of individual
submitting the manual landing report.
(B) The User must print the IFQ
manual landing report and submit it by
fax to 907–586–7313.
(C) The User must retain the printed
copies of IFQ manual landing reports as
indicated at paragraph (a)(5) of this
section. The User must make available
the printed copies upon request of
NMFS observers and authorized officers
as indicated at paragraph (a)(6) of this
section.
(2) eLandings processor registration.
(i) Before a User can use the eLandings
system to report landings, production,
discard or disposition data, he or she
must request authorization to use the
system, reserve a unique UserID, and
obtain a password by using the Internet
to complete the eLandings processor
registration at https://
elandings@alaska.gov/elandings/
Register.
(ii) Upon registration acceptance, the
User must print, sign, and mail the User
Agreement Form to NMFS/RAM
eLandings Registration, P.O. Box 21668,
Juneau, AK 99802–1668; or fax a signed
form to 907–586–7354, Attn: eLandings
Registration; or deliver the signed form
by courier to NMFS/RAM eLandings
Registration, 709 West Ninth Street,
Suite 713, Juneau, AK 99801.
Confirmation will be e-mailed to
indicate that the User is registered,
authorized to use eLandings, and that
the UserID and User’s account are
enabled.
(iii) The User’s signature on the
registration form means that the User
agrees to the following terms (see
paragraphs (e)(2)(iii)(A) through (C) of
this section):
(A) To use eLandings access
privileges only for submitting legitimate
fishery landing reports;
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(B) To safeguard the UserID and
password to prevent their use by
unauthorized persons; and
(C) To ensure that the User is
authorized to submit landing reports for
the processor permit number(s) listed.
(3) Information required for eLandings
processor registration form. The User
must enter the following information
(see paragraphs (e)(3)(i) through (ix) of
this section) to obtain operation
registration and UserID registration:
(i) Operation type. Select the
operation type from the dropdown list
according to the following table:
For this Federal
category:
Enter one of these
eLandings operation
types:
(A) Shoreside processor or SFP.
(1) Plant/receiver.
(2) Custom processing.
At-sea.
At-sea.
(1) Tender.
(2) Buying station.
(B) Mothership ..........
(C) Catcher/processor
(D) Buying station .....
(ii) Operation name. Enter a name
that will refer to the specific operation.
For example, if the plant is in Kodiak
and the company is East Pacific
Seafoods, the operation name might
read ‘‘East Pacific Seafoods—Kodiak.’’
(iii) ADF&G processor code. Enter
ADF&G processor code.
(iv) Federal permit number. Enter all
the federal permits associated with the
operation.
(A) Groundfish shoreside processor or
SFP. If a groundfish shoreside processor
or SFP, enter the FPP number.
(B) Groundfish catcher/processor or
mothership. If a groundfish catcher/
processor or mothership, enter the FFP
number.
(C) Registered Buyer. If a Registered
Buyer, enter the Registered Buyer
permit number.
(D) Registered Crab Receiver. If a
Registered Crab Receiver, enter the
Registered Crab Receiver permit
number.
(v) Port code. Enter the home port
code (see Tables 14a, 14b, and 14c to
this part) for the operation.
(vi) ADF&G vessel registration
number. If a mothership, catcher/
processor, or tender operation, the
operator must enter the ADF&G vessel
identification number of the vessel.
(vii) Vehicle license number. If a
buying station operation that is a
vehicle, enter vehicle license number
and the state of license issuance.
(viii) Physical operation. If a buying
station or custom processor, enter the
following information to identify the
associated processor where the
processing will take place: operation
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type, ADF&G processor code, and
applicable FFP number, FPP number,
Registered Buyer permit number, and
Registered Crab Receiver permit
number.
(ix) UserID registration for primary
User. Each operation requires a primary
User. Enter the following information
for the primary User for the new
operation: create and enter a UserID,
initial password, company name, User
name (name of the person who will use
the UserID), city and state where the
operation is located, business telephone
number, business fax number, business
e-mail address, security question, and
security answer.
(4) Information entered automatically
for eLandings landing report. eLandings
autofills the following fields from
processor registration records (see
paragraph (e)(2) of this section): UserID,
processor company name, business
telephone number, e-mail address, port
of landing, ADF&G processor code, and
Federal permit number. The User must
review the autofilled cells to ensure that
they are accurate for the landing that is
taking place. eLandings assigns a unique
landing report number and an ADF&G
electronic fish ticket number upon
completion of data entry.
(5) Shoreside processor or SFP
landings report. The manager of a
shoreside processor or SFP that receives
groundfish from a catcher vessel issued
an FFP under § 679.4 and that is
required to have an FPP under § 679.4(f)
must use eLandings or other NMFSapproved software to submit a daily
landings report during the fishing year
to report processor identification
information and the following
information under paragraphs (e)(5)(i)
through (iii) of this section:
(i) Information entered for each
groundfish delivery to a shoreside
processor and SFP. The User for a
shoreside processor or SFP must enter
the following information (see
paragraphs (e)(5)(i)(A) through (C) of
this section) for each groundfish
delivery (other than IFQ sablefish)
provided by the operator of a catcher
vessel, the operator or manager of an
associated buying station, and from
processors for reprocessing or
rehandling product into eLandings or
other NMFS-approved software:
(A) Delivery information. (1) Number
of observers onboard.
(2) For crew size, enter the number of
licensed crew aboard the vessel,
including the operator.
(3) Management program name and
identifying number, if any, in which
harvest occurred (see paragraph
(a)(1)(iii) of this section).
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(4) ADF&G groundfish statistical area
of harvest.
(5) For date of landing, enter date
(mm/dd/yyyy) that the delivery was
completed.
(6) Indicate (YES or NO) whether
delivery is from a buying station.
(7) If the delivery is received from a
buying station other than a tender,
indicate the name of the buying station.
If the delivery is received from a buying
station that is a tender, enter the ADF&G
vessel registration number.
(8) If delivery is received from a
catcher vessel, indicate the ADF&G
vessel registration number of the vessel.
(9) Indicate whether the blue logsheet
was received from the catcher vessel at
the time of catch delivery. If the blue
logsheet is not received from the catcher
vessel, enter ‘‘NO’’ and select the
applicable code from the following table
to explain the reason provided by the
catcher vessel for not supplying this
copy:
Non-submittal of discard report
Code
(i) The catcher vessel does not have
an FFP.
(ii) The catcher vessel is under 60 ft
(18.3 m) LOA and does not have an
FFP.
(iii) The catcher vessel is under 60 ft
(18.3 m) LOA and has an FFP.
(iv) The catcher vessel delivered an
unsorted codend.
(v) Another reason; describe circumstances.
‘‘P’’
‘‘P’’
‘‘L’’
‘‘U’’
‘‘O’’
(10) Gear type of harvester.
(11) Total estimated hail weight (to
the nearest pound).
(12) ADF&G fish ticket number
provided to catcher vessel (eLandings
assigns an ADF&G fish ticket number to
the landing report).
(B) Landings information. The User
for a shoreside processor or SFP must
record the following landings
information (see paragraphs
(e)(5)(i)(B)(1) and (2) of this section) for
all retained species from groundfish
deliveries:
(1) Date of landing (mm/dd/yyyy).
(2) Landed scale weight (to the nearest
pound) by species code and delivery
condition code. Obtain actual weights
for each groundfish species received
and retained by:
(i) Sorting according to species codes
and direct weighing of that species, or
(ii) Weighing the entire delivery and
then sorting and weighing the
groundfish species individually to
determine their weights.
(C) Discard or disposition
information. The User must record:
(1) Discard or disposition of fish: that
occurred on and was reported by a
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Sfmt 4702
catcher vessel; that occurred on and was
reported by a buying station; and that
occurred prior to, during, and/or after
production of groundfish at the
shoreside processor or SFP. Discards
and dispositions also must be recorded
when no groundfish are delivered but
the blue DFL is submitted by a catcher
vessel containing records of discards or
disposition.
(2) If groundfish or PSC herring, enter
species code, delivery condition code,
disposition code, and weight (to the
nearest pound), and
(3) If PSC halibut, salmon, or crab,
enter species code, delivery condition
code, disposition code, and count (in
numbers of animals).
(ii) Submittal time limit. The User for
a shoreside processor or SFP must enter
information described at paragraph
(e)(5)(i) of this section into eLandings or
other NMFS-approved software for each
groundfish delivery from a specific
vessel by noon of the day following
completion of the delivery.
(iii) Compliance. By using eLandings,
the User for the shoreside processor or
SFP and the catcher vessel operator or
buying station operator or manager
providing information to the User for
the shoreside processor or SFP accept
the responsibility of and acknowledge
compliance with § 679.7(a)(10).
(6) Mothership landings report. The
operator of a mothership that is issued
an FFP under § 679.4(b) and that
receives groundfish from catcher vessels
required to have an FFP under § 679.4
is required to use eLandings or other
NMFS-approved software to submit a
daily landings report during the fishing
year to report processor identification
information and the following
information under paragraphs (e)(6)(i)
through (iii) of this section):
(i) Information entered for each
groundfish delivery to a mothership.
The User for a mothership must enter
the following information (see
paragraphs (e)(6)(i)(A)(1) through (11) of
this section) provided by the operator of
a catcher vessel, operator or manager of
an associated buying station, or
information received from processors
for reprocessing or rehandling product.
(A) Delivery information. (1) Number
of observers onboard.
(2) Crew size (including operator).
(3) Management program name and
identifying number, if any, in which
harvest occurred (see paragraph
(a)(1)(iii) of this section).
(4) ADF&G groundfish statistical area
of harvest.
(5) Date (mm/dd/yyyy) that delivery
was completed.
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(6) If the delivery is received from a
tender, enter the ADF&G vessel
registration number of the tender.
(7) If delivery received from a catcher
vessel, enter the ADF&G vessel
registration number of the vessel.
(8) Indicate whether the blue logsheet
was received from the catcher vessel at
the time of catch delivery. If the blue
logsheet was not received from the
catcher vessel, enter ‘‘NO’’ and select a
code from the following table to explain
the reason provided by the catcher
vessel for not supplying this copy.
Non-submittal of discard report
rwilkins on PROD1PC63 with PROPOSALS2
(i) The catcher vessel does not have
an FFP.
(ii) The catcher vessel is under 60 ft
(18.3 m) LOA and does not have an
FFP.
(iii) The catcher vessel is under 60 ft
(18.3 m) LOA and has an FFP.
(iv) The catcher vessel delivered an
unsorted codend.
(v) Another reason; describe circumstances.
Code
‘‘P’’
‘‘P’’
‘‘L’’
‘‘U’’
‘‘O’’
(9) Gear type of harvester.
(10) Total estimated round weight by
species (pounds).
(11) ADF&G fish ticket number
provided to catcher vessel (eLandings
assigns an ADF&G fish ticket number to
the landing report).
(B) Discard or disposition
information. (1) The User must record
discard or disposition information that
occurred on and was reported by a
catcher vessel; that occurred on and was
reported by a buying station; and that
occurred prior to, during, and after
production of groundfish at the
mothership. Discards and dispositions
also must be recorded when no
groundfish are delivered but the blue
DFL is submitted by a catcher vessel
containing records of discards or
disposition.
(2) If groundfish or PSC herring, enter
species code, delivery condition code,
disposition code, and weight (to the
nearest pound), and
(3) If PSC halibut, salmon, or crab,
enter species code, delivery condition
code, disposition code, and count (in
numbers of animals).
(ii) Submittal time limit. The User for
a mothership must enter information
described at paragraph (e)(6)(i) of this
section into eLandings or other NMFSapproved software for each groundfish
delivery from a specific vessel by noon
of the day following the delivery day.
(iii) Compliance. By using eLandings,
the User for the mothership and the
catcher vessel operator or buying station
operator providing information to the
User for the mothership accept the
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responsibility of and acknowledge
compliance with § 679.7(a)(10).
(7) Registered Buyer landings report.
A person who is issued a Registered
Buyer permit under § 679.4(d)(3) and
who receives IFQ halibut or IFQ
sablefish from an IFQ permit holder or
who receives CDQ halibut from a CDQ
permit holder at any time during the
fishing year is required to use eLandings
or other NMFS-approved software to
submit landings reports with the
following information from paragraphs
(e)(7)(i) and (ii) of this section):
(i) Information entered for each IFQ
halibut, CDQ halibut, and IFQ sablefish
delivery. The User for a Registered
Buyer must enter the following
information (see paragraphs (e)(7)(i)(A)
through (E) of this section) for each IFQ
halibut, CDQ halibut, and IFQ sablefish
delivery into eLandings or other NMFSapproved software:
(A) User identification. UserID and
password of person assigned for that
system.
(B) Landing date. Date (mm/dd/yyyy)
of the landing.
(C) Landing location. Location (port
code) of the landing (See Tables 14a,
14b, and 14c to this part).
(D) Permit numbers. Permit number of
the IFQ permit holder, and any IFQ
hired master permit holder, or CDQ
hired master permit holder harvesting
the fish and permit number of
Registered Buyer receiving the IFQ
halibut, IFQ sablefish, or CDQ halibut.
(E) Delivery information. As reported
by the IFQ permit holder, IFQ hired
master permit holder, or CDQ hired
master permit holder including the
information in paragraphs (e)(7)(i)(E)(1)
through (9) of this section):
(1) Harvesting vessel’s ADF&G vessel
registration number.
(2) Gear code of gear used to harvest
IFQ halibut, IFQ sablefish, or CDQ
halibut.
(3) ADF&G fish ticket number(s) for
the landing (after the initial eLandings
report is submitted, eLandings assigns
an ADF&G fish ticket number to the
landing report).
(4) ADF&G statistical area of harvest.
(5) If ADF&G statistical area is
bisected by a line dividing two IFQ
regulatory areas, provide the IFQ
regulatory area of harvest.
(6) Except as provided in paragraph
(e)(7)(i)(E)(7) of this section, initial
accurate scale weight(s) (to the nearest
pound) made at the time of offloading
for IFQ halibut, IFQ sablefish, or CDQ
halibut sold and retained (where
retained includes fish intended for
personal use, fish weighed and reloaded
for delivery to another processor, and
fish landed but rejected at the dock by
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55393
the Registered Buyer); species codes;
delivery condition code; and disposition
code for each ADF&G statistical area of
harvest.
(7) Accurate weight of IFQ sablefish
processed product obtained before the
offload may be substituted for the initial
accurate scale weight provided in
paragraph (e)(7)(i)(E)(6) of this section,
at time of offload, if the vessel operator
is a Registered Buyer reporting an IFQ
sablefish landing.
(8) Indicate whether initial accurate
scale weight is given with or without ice
and slime. Fish which have been
washed prior to weighing or which have
been offloaded from refrigerated salt
water are not eligible for a 2-percent
deduction for ice and slime and must be
reported as fish weights without ice and
slime. The 2-percent deduction is made
by NMFS, not the submitter.
(9) Indicate whether IFQ halibut is
incidental catch concurrent with legal
landing of salmon or concurrent with
legal landing of lingcod harvested using
dinglebar gear.
(ii) Signatures for IFQ halibut, CDQ
halibut, or IFQ sablefish deliveries. (A)
The User for the Registered Buyer must
print the completed groundfish landing
report (ADF&G electronic groundfish
ticket) and the groundfish IFQ landing
receipt. The User must review the
autofilled data entry cells to ensure that
they are accurate for the landing that is
taking place.
(B) The User for the Registered Buyer,
plus the IFQ permit holder or the IFQ
hired master permit holder or CDQ
hired master permit holder, must
acknowledge the accuracy of the printed
IFQ halibut, CDQ halibut, or IFQ
sablefish landing receipt, and if
necessary, IFQ manual landing report,
by entering printed name, signature, and
date.
(iii) Time limits—(A) Landing hours.
A landing of IFQ halibut, CDQ halibut,
or IFQ sablefish may commence only
between 0600 hours, A.l.t., and 1800
hours, A.l.t., unless permission to land
at a different time is granted in advance
by a clearing officer.
(B) Landing receipt signatures. The
User for the Registered Buyer and the
IFQ permit holder, IFQ hired master
permit holder, or CDQ hired master
permit holder must sign the groundfish
IFQ landing receipt within six hours
after all IFQ halibut, CDQ halibut, and
IFQ sablefish are offloaded from a
harvesting vessel and prior to shipment
or transfer of the fish from the landing
site.
(C) Landing completion. The User for
the Registered Buyer must submit a
completed IFQ landing report, as
described in paragraph (e)(7), within six
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hours after all IFQ halibut, CDQ halibut,
and IFQ sablefish are offloaded from a
specific vessel and prior to shipment or
transfer of said fish from the landing
site.
(iv) IFQ manual landing report. See
paragraph (e)(1)(iii) of this section.
(8) Registered Crab Receiver (RCR)—
IFQ crab landings report. (i) A person
who is issued an RCR permit under
§ 680.4(i) of this chapter and who
receives IFQ crab from a crab IFQ
permit holder or crab IFQ hired master
is required to use eLandings to submit
a landings report to report every landing
of IFQ crab and incidental groundfish.
(ii) An RCR using a catcher/processor
is required to submit a crab landings
report using eLandings in a format
approved by NMFS. NMFS will provide
format specifications upon request.
Interested parties may contact NMFS
Alaska Region, Sustainable Fisheries
Division, Catch Accounting/Data
Quality, P.O. Box 21668, Juneau, AK
99802–1668, telephone 907–586–7228.
(iii) Information entered for each IFQ
crab delivery. The User for the RCR
must enter the following information
(see paragraphs (e)(8)(iii)(A) through (C)
of this section) into eLandings or other
NMFS-approved software for each IFQ
crab delivery:
(A) Permit numbers. RCR permit
number, IFQ permit number, and IPQ
permit number, as appropriate.
(B) Operation type. (1) If a shoreside
processor or SFP, enter type of
processing operation and port code from
Table 14a or 14b to this part.
(2) If a catcher/processor, enter
operation type from Table 14c to this
part.
(C) Delivery information. As reported
by IFQ permit holder.
(1) ADF&G vessel registration number
of the delivering vessel.
(2) Date (mm/dd/yyyy) fishing began.
(3) Date (mm/dd/yyyy) of the IFQ crab
landing.
(4) ADF&G fish ticket number
(automatically supplied).
(5) ADF&G statistical area of harvest
(All ADF&G statistical areas are
translated to the NMFS reporting area
and the IPHC reporting area by
eLandings.).
(6) Species code of catch from Table
2 to part 680.
(7) Delivery-condition codes of catch
from Table 3a to this part.
(8) Number of crab retained and sold
condition code, product type, size/
grade, and sold pounds; and optionally,
price per pound.
(9) Scale weight of deadloss (to the
nearest pound) and scale weight of crab
retained for personal use (to the nearest
pound). Deadloss and personal use crab
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that an IPQ holder did not purchase are
not debited from the IPQ holder’s
account.
(iv) Information entered for IFQ crab
custom processing landings. In addition
to the information required in paragraph
(e)(8)(iii) of this section, if custom
processing IFQ crab, the User for the
RCR must enter the ADF&G processor
code of the person for which the IFQ
crab was custom processed.
(v) Signatures for IFQ crab deliveries.
(A) The User for the RCR must print the
completed crab landing report (ADF&G
electronic crab ticket) and the crab IFQ
landing receipt. The User must review
the autofilled data entry cells to ensure
that they are accurate for the landing
that is taking place.
(B) The User for the Registered Crab
Receiver (RCR), plus the IFQ permit
holder or IFQ hired master permit
holder, must acknowledge the accuracy
of the printed IFQ crab landing receipt,
and, if necessary, IFQ manual landing
report, by entering printed name,
signature, and date.
(vi) Time limits. (A) Except as
indicated in paragraph (e)(8)(vi)(B) of
this section, the User for the RCR is
required to submit a crab landing report
described at paragraph (e)(8) of this
section to NMFS within six hours after
all crab is offloaded from the vessel.
(B) For IFQ crab harvested on a
catcher/processor, the User for the RCR
is required to submit an IFQ crab
landing report to NMFS by Tuesday
noon after the end of each weekly
reporting period in which IFQ crab was
harvested.
(C) The User for the RCR and the IFQ
permit holder or IFQ hired master
permit holder must enter printed name
and sign the crab IFQ landing receipt
within six hours after all crab is
offloaded from the harvesting vessel.
(vii) Landing document retention. The
User must retain each landing report
and landing receipt per paragraph (a)(5)
of this section.
(viii) IFQ manual landing report for
crab. See paragraph (e)(1)(iii) of this
section.
(9) Shoreside processor or SFP
information entered for production
report. The manager of a shoreside
processor or SFP that is required to have
an FPP under § 679.4(f) must use
eLandings or other NMFS-approved
software during the fishing year to
submit a production report to report
daily processor identification
information and all groundfish
production data. The User must retain a
copy of each production report per
paragraphs (a)(5) and (6) of this section.
(i) Contents. eLandings autofills the
following fields when creating a
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Sfmt 4702
production report for a shoreside
processor or SFP: FFP number,
company name, ADF&G processor code,
User name, e-mail address, and
telephone number. The User must
review the autofilled cells to ensure that
they are accurate for the current report.
In addition, the User for the shoreside
processor or SFP must enter the
following information (see paragraphs
(e)(9)(i)(A) through (F) of this section):
(A) Date. Reporting date (mm/dd/
yyyy).
(B) Observers. Number of observers
onsite.
(C) Area of harvest. Whether
harvested in GOA or BSAI.
(D) Product description. Species code,
product type, and product code of
product.
(E) Product weight. Enter actual scale
weight of product to the nearest pound.
(F) No production/no deliveries
(inactive). If there was no production or
deliveries for the day, mark the ‘‘No
Production’’ and/or ‘‘No Deliveries’’
boxes.
(ii) Submittal time limits. When
checked-in pursuant to paragraph (h)(2)
of this section, the User for a shoreside
processor or SFP must submit a
production report by noon each day to
record the previous day’s production
information. If a shoreside processor or
SFP using eLandings is not taking
deliveries over a weekend, the User or
manager may transmit the eLandings
production report to NMFS on the
following Monday.
(10) Catcher/processor or mothership
information entered for production
report—(i) Catcher/processor. The
operator of a catcher/processor that is
issued an FFP under § 679.4 and that
harvests groundfish is required to use
eLandings or other NMFS-approved
software to submit a production report
to record and report daily processor
identification information, groundfish
production data, and groundfish and
prohibited species discard or
disposition data.
(ii) Mothership. The operator of a
mothership that is issued an FFP under
§ 679.4 and that receives groundfish is
required to use eLandings or other
NMFS-approved software to submit a
production report to record and report
daily processor identification
information, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
(iii) Contents. eLandings autofills the
following fields when creating a
production report for a catcher/
processor or mothership: FFP number,
company name, ADF&G processor code,
User name, e-mail address, and
telephone number. The User must
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review the autofilled cells to ensure that
they are accurate for the current report.
In addition, the User for the catcher/
processor or mothership must enter the
following information in paragraphs
(e)(10)(iii)(A) through (N) of this
section):
(A) Date. Reporting date (mm/dd/
yyyy).
(B) Designation. From Table 14c to
this part, enter whether the processor is
a catcher/processor = FCP or a
mothership = FLD.
(C) Crew size. Including operator.
(D) Management program. Enter
management program and identifying
number, if any, in which harvest
occurred (see paragraph (a)(1)(iii) of this
section).
(E) Gear type of harvester. Enter the
gear type used by the harvester.
(F) Federal Reporting Area of harvest.
Enter the Federal Reporting Area where
harvest was made.
(G) COBLZ or RKCSA. Indicate
whether fishing occurred in COBLZ or
RKCSA (if applicable).
(H) Product description. Species code,
product type, and product code of
product.
(I) Product weight. Enter product
weight in metric tons to the nearest
0.001 mt.
(J) No production (inactive). If there
was no production for the day, mark the
‘‘No Production’’ box.
(K) Discard description. The operator
must record the discard or disposition
that occurred prior to, during, and after
production of groundfish by species
code and disposition code of discards
and disposition.
(L) Discard weight. Daily weight of
groundfish and the daily weight of
herring PSC to the nearest 0.001 mt.
(M) PSC numbers. Daily number of
PSC animals (Pacific salmon, steelhead
trout, Pacific halibut, king crabs, and
Tanner crabs) by species codes and
product codes.
(N) ADF&G statistical area. Must be
reported beginning January 1, 2009.
(iv) Submittal time limits. When
checked-in pursuant to paragraph (h)(2)
of this section, the User for a
mothership or catcher/processor must
submit a production report by noon
each day to record the previous day’s
production information. If a vessel is
required to have 100 percent observer
coverage or more, the User may transmit
a production report for Friday,
Saturday, and Sunday no later than
noon on the following Monday.
(11) Printing of landing reports,
landing receipts, and production
reports. (i) The User daily must retain a
printed paper copy onsite or onboard of:
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19:24 Sep 23, 2008
Jkt 214001
(A) Each landing report (ADF&G
electronic groundfish tickets or
electronic crab tickets).
(B) Each production report.
(C) If IFQ halibut, IFQ sablefish, or
CDQ halibut, each groundfish IFQ
landing receipt.
(D) If IFQ crab, each crab IFQ landing
receipt.
(ii) In addition to paragraph (e)(11)(i)
of this section, the mothership operator
or User must print an additional copy of
each landing report and provide it to the
operator of the catcher vessel delivering
groundfish to the mothership by 1200
hours, A.l.t., on Tuesday following the
end of applicable weekly reporting
period.
(12) Retention and inspection of
landing reports, landing receipts, and
production reports. The User must
retain a printed copy of each IFQ
landing report (ADF&G electronic
groundfish ticket or electronic crab
ticket), crab IFQ landing receipt,
groundfish IFQ landing receipt, and
production report as indicated at
paragraphs (a)(5) and (6) of this section.
The User must make available the
printed copies upon request of NMFS
observers and authorized officers as
indicated at paragraph (a)(5) of this
section.
(f) Electronic logbooks (ELBs). The
operator may use a combination of a
NMFS-approved ELB (instead of a DFL
or DCPL) and eLandings to record and
report groundfish information. To
satisfy ELB use requirements, the
operator after data entry must routinely
create the following three products: an
ELB logsheet, an ELB discard report,
and an ELB data export.
(1) Responsibility. The operator must
notify the Regional Administrator by fax
at 907–586–7465 to ensure that NMFS
knows that the operator is using a
NMFS-approved ELB instead of a DFL
or DCPL, prior to participating in any
Federal fishery.
(i) Catcher vessel longline and pot
gear ELB. The operator of a catcher
vessel using longline and pot gear may
use a NMFS-approved catcher vessel
longline or pot gear ELB in lieu of using
the NMFS-prescribed catcher vessel
longline or pot gear DFL required at
paragraph (c)(3) of this section.
(ii) Catcher/processor longline and
pot gear ELB. The operator of a catcher/
processor using longline or pot gear may
use a combination of a NMFS-approved
catcher/processor longline or pot gear
ELB and eLandings to record and report
groundfish information. The operator
may use a NMFS-approved catcher/
processor longline and pot gear ELB to
record daily processor identification
information and catch-by-set
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55395
information. In eLandings, the operator
must record daily processor
identification, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
(iii) Catcher vessel trawl gear ELB.
The operator of a catcher vessel using
trawl gear may use a NMFS-approved
catcher vessel trawl gear ELB in lieu of
using the NMFS-prescribed catcher
vessel trawl gear DFL required at
paragraph (c)(4) of this section.
(iv) Catcher/processor trawl gear ELB.
The operator of a catcher/processor
using trawl gear may use a combination
of a NMFS-approved catcher/processor
trawl gear ELB and eLandings to record
and report groundfish information. In
the ELB, the operator would record
daily processor identification
information and catch-by-haul
information. In eLandings, the operator
must record daily processor
identification, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
(v) Mothership ELB. The operator of a
mothership may use a combination of a
NMFS-approved mothership ELB and
eLandings to record and report
groundfish information. The operator
may use a NMFS-approved mothership
ELB to record daily processor
identification information and catcher
vessel and buying station groundfish
delivery information. In eLandings, the
operator must record daily processor
identification, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
(vi) If using a NMFS-approved ELB,
the operator is not required to quarterly
submit logsheets to OLE.
(2) Requirements for using an ELB—
(i) Use a NMFS-approved ELB. The
operator must use only a NMFSapproved ELB. The Regional
Administrator maintains a list of
approved ELBs on the Alaska Region
NMFS Web site at https://
www.alaskafisheries.noaa.gov (see also
§ 679.28(h) for approval of vendor
software).
(ii) Keep a current copy of DFL or
DCPL onboard. To ensure proper
recording of the vessel’s fishing activity
in the event of problems with the ELB,
the operator must keep a current copy
of the appropriate DFL or DCPL
onboard. In the event that electronic
transmission is not made or confirmed
for the ELB, the operator must enter
information into the paper DFL or DCPL
in accordance with the regulations at
paragraphs (c)(1) through (c)(4) of this
section. The operator must transfer any
information recorded in a DFL or DCPL
to the ELB when transmission resumes
function.
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(iii) Enter all required information
into the ELB—(A) Inactive. The operator
must enter all required information, if
inactive (see paragraph (c)(2) of this
section).
(B) Active. The operator must enter all
required information, if active (see
paragraph (c)(3), (c)(4), or (c)(6) of this
section, as appropriate).
(1) Record the haul number or set
number, time and date gear set, time
and date gear hauled, begin and end
position, CDQ group number (if
applicable), and hail weight for each
haul or set within 2 hours after
completion of gear retrieval.
(2) Daily complete ELB data entry and
printing of copies as indicated in
paragraph (f)(3)(i) of this section.
(iv) Regularly backup ELB data. The
operator must regularly backup ELB
data to ensure that data are not lost in
the event of hardware or software
problems.
(v) Correct errors in ELB data. If after
an ELB discard report and ELB logsheet
are printed, an error is found in the
data, the operator must make any
necessary changes to the data, print a
new copy of the ELB discard report and
ELB logsheet, and export the revised file
to NMFS. The operator must retain both
the original and revised ELB reports.
(3) Printed copies. Upon completion
of ELB data entry each day, the operator
must print the following information
(see paragraphs (f)(3)(i) and (ii) of this
section) in the NMFS-specified format:
(i) ELB logsheet. (A) Print a copy of an
ELB logsheet when a vessel is active, by
noon each day to record the previous
day’s ELB information.
(B) Print one ELB logsheet to describe
a continuous period of inactivity, when
a vessel is inactive.
(C) Print a copy of the ELB logsheet
for the observer’s use if an observer is
present, by noon each day to record the
previous day’s ELB information.
(ii) ELB discard report. (A) Print a
copy of an ELB discard report upon
completion of each fishing trip or each
offload of fish.
(B) If an observer is present, print a
copy of the ELB discard report for the
observer’s use upon completion of each
fishing trip or each offload of fish.
(4) Signatures—(i) ELB logsheet. The
operator daily must sign and date each
printed ELB logsheet by noon each day
to record the previous day’s ELB
information. The signature of the
operator is verification of acceptance of
the responsibility required in paragraph
(a)(2) of this section.
(ii) ELB discard report. The operator
daily must sign and date each printed
ELB discard report upon completion of
each fishing trip or each offload of fish.
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19:24 Sep 23, 2008
Jkt 214001
The signature of the operator is
verification of acceptance of the
responsibility required in paragraph
(a)(2) of this section.
(5) Submittal time limits. (i) The
operator of a catcher vessel using an
ELB must upon delivery of catch submit
the ELB discard report to the
mothership, shoreside processor, or
SFP.
(ii) The operator or manager of a
buying station that receives groundfish
catch from a catcher vessel using an ELB
must upon delivery of catch submit the
ELB discard report to the mothership,
shoreside processor, or SFP, and submit
the ELB data export directly to the
Regional Administrator or through the
mothership, shoreside processor, or
SFP.
(6) Retention. The operator must keep
a signed copy of each ELB logsheet and
each ELB discard report, filed in
sequence for immediate access by
authorized personnel as described at
paragraph (a)(5) of this section.
(7) ELB data export. The operator
must transmit an ELB data export to
NMFS at the specified e-mail address
within 24 hours of completing each
fishing trip or offload, as described
under paragraph (f)(7)(i) or (ii) of this
section in the following manner:
(i) Directly to NMFS as an e-mail
attachment; or
(ii) If a catcher vessel, send directly to
NMFS as an e-mail attachment or to
NMFS through a shoreside processor,
SFP, or mothership who received his/
her groundfish catch. Through a prior
agreement with the catcher vessel, the
operator of a mothership or the manager
of a shoreside processor or SFP will
forward the ELB data export to NMFS as
an e-mail attachment within 24 hours of
completing receipt of the catcher
vessel’s catch.
(8) Return receipt. (i) Upon receiving
an ELB data export, NMFS will generate
a dated return-receipt to confirm receipt
of the ELB data. If errors exist in the
data transmitted to NMFS, the receipt
will identify the errors. If errors are
identified, the operator must correct the
errors and send a revised transmission
to NMFS which will then confirm
acceptance of the ELB data.
(ii) The operator must retain the
NMFS return receipt as described in
paragraph (a)(5) of this section.
(iii) If a return receipt from NMFS is
not received within 24 hours, the
operator of the catcher vessel, the
operator of a catcher/processor, the
operator of the mothership, or the
manager of the shoreside processor or
SFP forwarding the ELB data export for
the operator of the catcher vessel, must
contact NMFS by telephone at 907–586–
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Frm 00030
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Sfmt 4702
7228 or fax at 907–586–7131 for
instructions.
(g) * * *
(1) General requirements. Except as
provided in paragraphs (g)(2)(i) through
(v) of this section, the operator or
manager must record on a PTR those
species that are listed in Tables 2a and
2c to this part when those species are
transferred out of the facility or off the
vessel and may also record species
listed in Table 2d to this part.
*
*
*
*
*
(h) Check-in/Check-out report—(1)
Requirement. Except as described in
paragraph (h)(2) of this section, the
operator of a catcher/processor or
mothership and manager of a shoreside
processor or SFP must submit to NMFS
a check-in report (BEGIN message) prior
to becoming active and a check-out
report (CEASE message) for every checkin report submitted. The check-in report
and check-out report must be submitted
by fax to 907–586–7131, or by e-mail to
erreports.alaskafisheries@noaa.gov.
(2) Exceptions—(i) VMS onboard. The
operator of a catcher/processor or
mothership is not required to submit to
NMFS a check-in report or check-out
report if the vessel is carrying onboard
a transmitting VMS that meets the
requirements of § 679.28(f).
(ii) Exception, two adjacent reporting
areas. If on the same day a catcher/
processor intends to fish in two adjacent
reporting areas (an action which would
require submittal of check-out reports
and check-in reports multiple times a
day when crossing back and forth across
a reporting area boundary), and the two
reporting areas have on that day and
time an identical fishing status for every
species, the operator must:
(A) Submit to NMFS a check-in report
to the first area prior to entering the first
reporting area, and
(B) Submit to NMFS a check-in report
to the second area prior to entering the
second reporting area.
(C) Remain within 10 nautical miles
(18.5 km) of the boundary described in
paragraph (h)(2)(i) of this section.
(D) If the catcher/processor proceeds
in the second reporting area beyond 10
nautical miles (18.5 km) of the boundary
between the two areas, the operator
must submit a check-out report from the
first reporting area. The operator must
submit a check-out report from the
second area upon exiting that reporting
area.
(3) Transit through reporting areas.
The operator of a catcher/processor or
mothership is not required to submit a
check-in or check-out report if the
vessel is transiting through a reporting
area and is not fishing or receiving fish.
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(4) Time limits and submittal. Except
as indicated in paragraph (h)(2) of this
For . . .
If you are a . . .
(i) Each reporting area,
except area 300,
400, 550, or 690.
section, the operator or manager must
submit a check-in report and a check-
55397
out report according to the following
table:
(A) C/P using trawl
gear.
Before gear deployment .................................
Before gear deployment. May be checked in
to more than one area simultaneously.
(C) MS ........................
Before receiving groundfish, must check-in to
reporting area(s) where groundfish were
harvested. May be checked in to more than
one area simultaneously.
(A) C/P using trawl
gear.
Prior to fishing. Submit one check-in for the
COBLZ or RKCSA and another check-in
for the area outside the COBLZ or RKCSA.
(B) MS ........................
(iii) Gear Type .............
Submit a CEASE message
(B) C/P using longline
or pot gear.
(ii) COBLZ or RKCSA
Submit a BEGIN message
Before receiving groundfish harvested with
trawl gear that were harvested in the
COBLZ or RKCSA, submit one check-in for
the COBLZ or RKCSA and another checkin for the area outside the COBLZ or
RKCSA.
If in the same reporting area but using more
than one gear type, prior to fishing submit
a separate check-in for each gear type.
Within 24 hours after departing a reporting
area but prior to checking-in to another reporting area.
Upon completion of gear retrieval and within
24 hours after departing each reporting
area.
Within 24 hours after receipt of fish is complete from that reporting area. If receipt of
groundfish from a reporting area is expected to stop for at least one month during the fishing year and then start up
again, may submit check-out report for that
reporting area.
Upon completion of gear retrieval for groundfish, submit a separate check-out for the
COBLZ or RKCSA and another check-out
for the area outside the COBLZ or RKCSA.
Upon completion of groundfish receipt, submit a separate check-out for the COBLZ or
RKCSA and another check-out for the area
outside the COBLZ or RKCSA.
(A) C/P .......................
(B) MS ........................
(iv) CDQ ......................
(A) MS ........................
(B) C/P .......................
(v) Exempted or Research Fishery.
(A) C/P .......................
If harvested in the same reporting area but
using more than one gear type, prior to receiving groundfish submit a separate
check-in for each gear type.
Prior to receiving groundfish CDQ, if receiving groundfish under more than one CDQ
number, use a separate check-in for each
CDQ number.
Prior to fishing, submit a separate check-in
for each CDQ number.
Prior to fishing, submit a separate check-in
for each type.
(B) MS ........................
Prior to receiving groundfish, submit a separate check-in for each type.
(A) C/P .......................
Prior to AIP fishing ..........................................
(B) MS ........................
Before receiving AIP .......................................
(vii) Processor Type ....
C/P, MS ......................
(viii) Change of fishing
year.
(A) C/P, MS ................
If a catcher/processor and functioning simultaneously as a mothership in the same reporting area, before functioning as either
processor type.
If continually active through the end of one
fishing year and at the beginning of a second fishing year, submit a check-in for
each reporting area to start the year on
January 1.
If continually active through the end of one
fishing year and at the beginning of a second fishing year, submit a check-in to start
the year on January 1.
n/a ...................................................................
(vi) Aleutian Islands
Pollock (AIP).
rwilkins on PROD1PC63 with PROPOSALS2
(B) SS, SFP ...............
(ix) Interruption of production.
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Upon completion of gear retrieval for groundfish, submit a separate check-out for each
gear type for which a check-in was submitted.
Upon completion of receipt of groundfish,
submit a separate check-out for each gear
type for which a check-in was submitted.
Within 24 hours after receipt of groundfish
CDQ has ceased for each CDQ number.
Within 24 hours after groundfish CDQ fishing
for each CDQ number has ceased.
Upon completion of receipt of groundfish submit a separate check-out for each type for
which a check-in was submitted.
Upon completion of receipt of groundfish submit a separate check-out for each type for
which a check-in was submitted.
Within 24 hours after completion of gear retrieval for AIP.
Within 24 hours after receipt of AIP has
ceased.
Upon completion of simultaneous activity as
both catcher/processor and mothership, a
separate check-out, one for catcher/processor and one for mothership.
If a check-out report was not previously submitted during a fishing year for a reporting
area, submit a check-out report for each
reporting area on December 31.
If a check-out report was not previously submitted during a fishing year, submit a
check-out report on December 31.
If receipt of groundfish is expected to stop for
at least one month during the fishing year
and then start up again, the manager or
operator may choose to submit a check-out
report.
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(5) Required information. The
operator of a catcher/processor or
mothership and the manager of a
shoreside processor or SFP must record
the information in the following table
on a check-in report and a check-out
report, as appropriate.
Check-in report
Check-out report
Required information
MS
rwilkins on PROD1PC63 with PROPOSALS2
(i) Whether an original or revised report .....................................
(ii) Vessel name, ADF&G processor code, FFP number ............
(iii) Processor name, ADF&G processor code, FPP number ......
(iv) Representative name, business telephone number, business fax number .......................................................................
(v) COMSAT number (if applicable) ............................................
(vi) Management program name (see paragraph (a)(1)(iii) of
this section) and identifying number (if any). If harvest is not
under one of these management programs, leave blank. .......
(vii) Processor type, gear type .....................................................
(viii) Date (mm/dd/yy) and time (A.l.t., military format):
(A) When receipt of groundfish will begin ............................
(B) When gear deployment will begin ..................................
(C) When the last receipt or processing of groundfish was
completed ..........................................................................
(D) When the vessel departed the reporting area ...............
(ix) Position coordinates:
(A) Where groundfish receipt begins ....................................
(B) Where receiving groundfish (if SFP) ..............................
(C) Where gear is deployed .................................................
(D) Where the last receipt of groundfish was completed .....
(E) Where the vessel departed the reporting area ..............
(x) Reporting area code:
(A) Where gear deployment begins .....................................
(B) Where groundfish harvest occurred ...............................
(C) Where the last receipt of groundfish was completed .....
(D) Where the vessel departed the reporting area ..............
(xi) Primary and secondary target species (A change in intended target species within the same reporting area does
not require a new BEGIN message.):
(A) Expected to be received the following week ..................
(B) Expected to be harvested the following week ................
(xii) Indicate (YES or NO) whether this is a check-in report .......
(xiii) If YES, indicate:
(A) If checking-in for the first time this fishing year .............
(B) If checking-in to restart receipt and processing of
groundfish after filing a check-out report ..........................
(xiv) Indicate (YES or NO) whether this is a check-out report ....
(xv) If YES, indicate product weight of all fish or fish products
(including non-groundfish) remaining at the facility (other than
public cold storage) by species code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001
mt. .............................................................................................
(i) Weekly production report (WPR).
The WPR is removed from use. Instead
of a WPR, the operator of a mothership
or catcher/processor and the manager of
a shoreside processor or SFP must
submit all landings information,
production information, and discard
and disposition information using
eLandings or other NMFS-approved
software (see paragraph (e) of this
section).
*
*
*
*
*
(l) * * *
(1) * * *
(iv) Exemption—(A) Halibut. An IFQ
landing of halibut of 500 lb or less of
IFQ weight determined pursuant to
§ 679.40(h) and concurrent with a legal
landing of salmon harvested using hand
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C/P
SS, SFP
MS
C/P
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troll gear or power troll gear is exempt
from the PNOL required by this section.
(B) Lingcod. An IFQ landing of
halibut of 500 lb or less of IFQ weight
determined pursuant to § 679.40(h) and
concurrent with a legal landing of
lingcod harvested using dinglebar gear
is exempt from the PNOL required by
this section.
(2) IFQ landing—(i) Remain at
landing site. Once the landing has
commenced, the IFQ permit holder, the
IFQ hired master permit holder, or the
CDQ hired master permit holder, and
the harvesting vessel may not leave the
landing site until the IFQ halibut, IFQ
sablefish, or CDQ halibut account is
properly debited (see § 679.40(h)).
(ii) No movement of IFQ halibut, CDQ
halibut, or IFQ sablefish. The offloaded
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IFQ halibut, CDQ halibut, or IFQ
sablefish may not be moved from the
landing site until the IFQ Landing
Report is completed through eLandings
or other NMFS-approved software and
the IFQ permit holder’s or CDQ permit
holder’s account is properly debited (see
§ 679.40(h)).
(iii) Single offload site—(A) IFQ
halibut and CDQ halibut. The vessel
operator who lands IFQ halibut or CDQ
halibut must continuously and
completely offload at a single offload
site all halibut onboard the vessel.
(B) IFQ sablefish. The vessel operator
who lands IFQ sablefish must
continuously and completely offload at
a single offload site all sablefish
onboard the vessel.
*
*
*
*
*
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5. In § 679.7, paragraph (a)(1)(iii) is
added to read as follows:
§ 679.7
Prohibitions.
*
*
*
*
*
(a) * * *
(1) * * *
(iii) Conduct fishing operations from
a vessel using other than the operation
type(s) specified on the FFP (see
§ 679.4(b)) issued for that vessel.
*
*
*
*
*
6. In § 679.22, paragraph (b)(6) is
removed and reserved, and paragraphs
(b)(5)(i) and (ii) are revised to read as
follows:
§ 679.22
Closures.
*
*
*
*
*
(b) * * *
(5) * * *
(i) No FFP holder may fish for
groundfish in the Sitka Pinnacles
Marine Reserve, and no vessel named
on an FFP may be anchored in the Sitka
Pinnacles Marine Reserve, as described
in Figure 18 to this part.
(ii) No person fishing under an IFQ
halibut permit may fish for halibut and
no person fishing under an IFQ
sablefish permit may fish for sablefish
in the Sitka Pinnacles Marine Reserve;
and no vessel with an IFQ permit holder
or IFQ hired master permit holder
onboard may be anchored in the Sitka
Pinnacles Marine Reserve, as described
in Figure 18 to this part.
*
*
*
*
*
7. In § 679.28:
A. Paragraph (b)(2)(v) is removed and
reserved.
B. Paragraphs (f)(4)(iii) and (h) are
added.
C. Paragraphs (a), (b)(2)(iii), (b)(2)(iv),
(b)(2)(vi)(A), (f)(4)(i), (f)(4)(ii), and (f)(5)
are revised.
The revisions and additions read as
follows:
rwilkins on PROD1PC63 with PROPOSALS2
§ 679.28 Equipment and operational
requirements.
(a) Applicability. This section
contains the operational requirements
for scales, observer sampling stations,
bins for volumetric estimates, vessel
monitoring system hardware, catch
monitoring and control plan, and
catcher vessel electronic logbook
software. The operator or manager must
retain a copy of all records described in
this section (§ 679.28) as indicated at
§ 679.5(a)(5) and (6) and make available
the records upon request of NMFS
observers and authorized officers as
indicated at § 679.5(a)(5).
(b) * * *
(2) * * *
(iii) Who may perform scale
inspections and approvals? Scales must
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be inspected and approved by a NMFSstaff scale inspector or an inspector
designated by NMFS and trained by a
NMFS-staff scale inspector.
(iv) How does a vessel owner arrange
for a scale inspection? The operator
must submit a request for a scale
inspection at least 10 working days in
advance of the requested date of
inspection by filing a request online or
by printing and faxing the scale
inspection request at https://
www.alaskafisheries.noaa.gov/scales/
default.htm.
*
*
*
*
*
(vi) * * *
(A) Make the vessel and scale
available for inspection by the scale
inspector.
*
*
*
*
*
(f) * * *
(4) * * *
(i) Register the vessel’s VMS unit with
an appropriate service provider;
(ii) Use VMS check-in report to
contact OLE by fax at 907–586–7703
and provide the date (mm/dd/yy), vessel
name, USCG documentation number,
FFP number or Federal crab vessel
permit number, name and telephone
number of contact person, and VMS
transmitter ID or serial number; and
(iii) Call OLE at 907–586–7225,
Monday through Friday, between the
hours of 0800 hours, A.l.t., and 1630
hours, A.l.t., at least 72 hours before
leaving port and receive confirmation
that the transmissions are being
received.
(5) What must the vessel owner do
when the vessel replaces a VMS
transmitter? A vessel owner who must
use a VMS and who intends to replace
a transmitter, must follow the reporting
and confirmation procedure for the
replacement transmitter, as described in
paragraph (f)(4) of this section.
*
*
*
*
*
(h) ELB software—(1) How do I get my
ELB software approved by NMFS?—(i)
Specifications. NMFS will provide
specifications for ELB software upon
request. Interested parties may contact
NMFS by mail at NMFS Alaska Region,
Sustainable Fisheries Division, Catch
Accounting/Data Quality, P.O. Box
21668, Juneau, AK 99802–1668; by
telephone at 907–586–7228. The four
types of ELB software are:
(A) Catcher vessel longline or pot gear
(see § 679.5(c)(3));
(B) Catcher/processor longline or pot
gear (see § 679.5(c)(3));
(C) Catcher vessel trawl gear (see
§ 679.5(c)(4)); and
(D) Catcher/processor trawl gear (see
§ 679.5(c)(4)).
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55399
(ii) ELB submittal package. A vendor
or developer wishing to have an ELB
approved by NMFS must submit:
(A) A fully operational test copy of
the software; and
(B) An application for ELB-approval
giving the following information (see
paragraphs (h)(1)(ii)(B)(1) through (3) of
this section):
(1) Company, contact person, address,
telephone number, and fax number for
the company developing the software;
(2) Name and type of software; and
(3) Printed name and signature of
individual submitting the software for
approval.
(C) Copies of all manuals and
documentation for the software.
(iii) ELB approval. NMFS will
approve ELB software within 60
working days of receipt of all required
information if the software meets the
following standards in paragraphs
(h)(1)(iii)(A) through (H) of this section):
(A) Has fields for the entry of all
information required for a paper DFL or
DCPL as described in § 679.5(c)(3) and
(4), as appropriate.
(B) The software must automatically
time and date stamp each printed copy
of the ELB logsheet and ELB discard
report and clearly identify the first
printed copy as an original. If any
changes are made to the data in the ELB,
subsequent printed copies must clearly
be identified as revised. The software
must be designed to prevent the
operator from overriding this feature.
(C) The software must export data as
an ASCII comma delimited text file, xml
file, or other format approved by NMFS.
(D) The software must integrate with
the vessel’s global positioning system
(GPS) to allow vessel location fields to
be completed automatically.
(E) When the software is started, it
must clearly show the software version
number.
(F) The software must be designed to
facilitate the transfer of an export file to
NMFS as an e-mail attachment.
(G) The software must be designed to
ensure that an operator can comply with
the requirements for ELB use as
described in § 679.5(f).
(H) The software must include
sufficient data validation capability to
prevent a submitter from accidentally
transmitting a data file or printing an
ELB logsheet that is incomplete or
contains clearly erroneous data.
(2) What if I need to make changes to
NMFS-approved ELB software?—(i)
NMFS-instigated changes. NMFS will
provide the developer with information
that affects the ELB software as soon as
it is available for distribution, e.g.,
changes in species codes or product
codes.
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(ii) Developer-instigated changes. The
developer must submit a copy of the
changed software along with
documentation describing the need for
the change to NMFS for review and
approval as described in paragraph
(h)(1)(ii) of this section. NMFS will
review and approve the new version
according to the guidelines set forth in
paragraph (h)(1)(iii) of this section.
(iii) NMFS-approved ELB changes. If
changes to ELB software are approved
by NMFS, the developer must:
(A) Give the revised software a new
version number;
(B) Notify all known ELB users of the
software that a new version is available;
and
(C) Ensure that the ELB users are
provided with a revised copy within 15
days of notification.
*
*
*
*
*
8. In § 679.40, paragraph (c)(3) is
revised and paragraph (h) is added to
read as follows:
§ 679.40
Sablefish and halibut QS.
*
*
*
*
*
(c) * * *
(3) IFQ permit. The Regional
Administrator shall issue to each QS
holder, pursuant to § 679.4, an IFQ
permit specifying the maximum amount
of halibut and sablefish that may be
harvested with fixed gear in a specified
IFQ regulatory area and vessel category.
Such IFQ permits will be sent to each
QS holder at the address on record for
that person prior to the start of the IFQ
fishing season or following transfers or
penalties (15 CFR part 904).
*
*
*
*
*
(h) Properly debited landing—(1)
Permit holder’s account. Except as
provided in paragraph (g) of this
section, all IFQ halibut, CDQ halibut,
and IFQ sablefish catch onboard a vessel
must be weighed and debited from the
IFQ permit holder’s account or CDQ
halibut permit holder’s account under
which the catch was harvested.
(2) Properly debited account. A
properly concluded groundfish IFQ
landing receipt, crab IFQ landing
receipt, or a manual IFQ landing report
which is signed by the Registered Buyer
and IFQ permit holder or IFQ hired
master permit holder or CDQ hired
master permit holder constitutes
confirmation that the IFQ permit
holder’s or CDQ permit holder’s account
is properly debited.
(3) Source of debit. NMFS shall use
the following sources (see paragraphs
(h)(3)(i) and (ii) of this section) of
information to debit a CDQ halibut, IFQ
halibut, or IFQ sablefish account:
(i) Unprocessed landing. If offload of
unprocessed IFQ halibut, CDQ halibut,
or IFQ sablefish from a vessel, the scale
weight (to the nearest pound) of the
halibut or sablefish product actually
measured at the time of offload, as
required by § 679.5(e)(8)(i)(K) to be
included in the IFQ Landing Report.
(ii) Processed landing. If offload of
processed IFQ halibut, CDQ halibut, or
IFQ sablefish from a vessel, the scale
weight (to the nearest pound) of the
halibut or sablefish processed product
actually measured at or before the time
of offload. If the product scale weights
are taken before the time of offload, then
the species and actual product weight of
each box or container must be visibly
marked on the outside of each container
to facilitate inspection by OLE or
designees.
9. In § 679.42, paragraphs (c), (h)(3),
and (j)(8) are revised and paragraph
(h)(4) is added to read as follows:
§ 679.42
*
*
*
*
(c) Requirements and deductions. Any
individual who harvests halibut or
sablefish with fixed gear must have a
valid IFQ permit, and if a hired master
is conducting the harvest, a valid IFQ
hired master permit, aboard the vessel at
all times during the fishing trip and
present during the landing.
*
*
*
*
*
(h) * * *
(3) Excess. An IFQ permit holder who
receives an approved IFQ allocation of
Location
§ 679.50
Groundfish Observer Program.
*
*
*
*
*
(g) * * *
(1) * * *
(ix) * * *
(A) Ensure that transfers of observers
at sea are carried out during daylight
hours, under safe conditions, and with
the agreement of observers involved.
*
*
*
*
*
§§ 679.1, 679.2, 679.4, 679.5, 679.20, 679.21,
679.22, 679.27, 679.28, 679.40, 679.41,
679.42, 679.50, 679.61, and 679.84
[Amended]
11. At each of the locations shown in
the Location column, remove the phrase
indicated in the ‘‘Remove’’ column and
replace it with the phrase indicated in
the ‘‘Add’’ column for the number of
times indicated in the ‘‘Frequency’’
column.
Remove
Add
introductory text .........................
under the Magnuson-Stevens Fishery
Conservation and Management Act
and the Northern Pacific Halibut Act.
§ 679.1(a)(2) ..............................................
§ 679.2 definition of ‘‘Authorized distributor’’.
§ 679.2 definition of ‘‘Authorized fishing
gear’’ paragraph (14)(iii) introductory
text.
§ 679.2 definition of ‘‘Authorized fishing
gear’’ paragraph (14)(iv).
5 AAC 28.110 ...........................................
food bank distributors ...............................
paragraph (10)(ix) .....................................
under the Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq. (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act).
5 AAC 28.111 ...........................................
food bank distributors (see § 679.26, Prohibited Species Donation Program).
paragraph (14)(ix) .....................................
paragraph (10)(iii) .....................................
paragraph (14)(iii) .....................................
§ 679.1
rwilkins on PROD1PC63 with PROPOSALS2
Limitations on use of QS and IFQ.
*
halibut or sablefish in excess of these
limitations may nevertheless catch and
retain all that IFQ with a single vessel.
However, two or more IFQ permit
holders may not catch and retain their
IFQs with one vessel in excess of these
limitations.
(4) Liability. Owners of vessels
exceeding these limitations are jointly
and severally liable with IFQ permit
holders and IFQ hired master permit
holders whose harvesting causes the
vessel to exceed these limitations.
*
*
*
*
*
(j) * * *
(8) A corporation, partnership, or
other non-individual entity, except for a
publicly held corporation, that receives
an allocation of QS must provide annual
updates to the Regional Administrator
identifying all current shareholders,
partners, or members to the individual
person level and affirming the entity’s
continuing existence as a corporation or
partnership, or other non-individual
entity.
*
*
*
*
*
10. In § 679.50, paragraph (g)(1)(ix)(A)
is revised to read as follows:
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55401
Location
Remove
Add
§ 679.2 definition of ‘‘Authorized fishing
gear’’ paragraph (14)(v).
§ 679.2 definition of ‘‘Basis species’’ ......
paragraphs (10)(iii) and (iv) ......................
paragraphs (14)(iii) and (iv) ......................
1
authorized to harvest ................................
1
§ 679.2 definition of ‘‘Catcher/processor’’
introductory text.
§ 679.2 definition of ‘‘Catcher vessel’’ ....
§ 679.2 definition of ‘‘Legal rockfish
landing for purposes of qualifying for
the Rockfish Program’’ paragraph (2)(i).
§ 679.2 definition of ‘‘Person’’ .................
§ 679.2 definition of ‘‘Prohibited species’’
§ 679.2 definition of ‘‘Stationary floating
processor’’.
§ 679.2 definition of ‘‘U.S. Citizen’’ paragraph (2)(ii).
§ 679.2 definition of ‘‘Vessel operations
category’’.
§ 679.2 definition of ‘‘Weekly production
report (WPR)’’.
§ 679.4(b)(5)(ii) ..........................................
§ 679.4(b)(5)(iii) .........................................
Catcher/processor means: ........................
authorized to harvest (see Tables 10 and
11 to this part).
Catcher/processor (C/P) means: ..............
Catcher vessel means ..............................
Weekly Production Report ........................
Catcher vessel (CV) means .....................
production report .......................................
1
1
other entity ................................................
Regulated under this part .........................
Stationary floating processor ....................
other non-individual entity .........................
issued an FFP under § 679.4(b) ...............
Stationary floating processor (SFP) .........
1
1
1
other entity ................................................
other non-individual entity .........................
1
§ 679.5(b)(3) ..............................................
§ 679.4(b)(3) ..............................................
1
(see § 679.5(i)) ..........................................
is no longer required (see § 679.5(e)(9)
and (10)).
owner; and if applicable, the name ..........
horsepower; and whether this is a vessel
of the United States.
1
§ 679.4(d)(1)(i),
(d)(3)(iv).
§ 679.4(k)
(d)(2)(i),
(d)(3)(i),
and
heading ..................................
§ 679.4(k)(3)(ii)(A)(3) and (k)(4) introductory text.
§ 679.4(k)(5)(iv) .........................................
§ 679.5(g)(1)(i) heading ..........................
§ 679.5(p)(2) ..............................................
owner; and the name ................................
horsepower; whether this is a vessel of
the United States; and whether this
vessel will be used as a stationary
floating processor.
suspended, or modified ............................
Licenses for license limitation groundfish
or crab species.
Weekly Production Reports ......................
Pacific time ...............................................
Groundfish ................................................
§ 679.5(r)(3) ...............................................
§ 679.5(r)(5) heading ..............................
§ 679.5(r)(5) ...............................................
Alaska Department of Fish & Game, Division of Commercial Fisheries.
SPELR ......................................................
Weekly production report (WPR) ..............
submit a WPR as described in paragraph
(i) of this section.
§ 679.5(r)(10)(i)(B)(2) ................................
§ 679.20(e) heading ................................
§ 679.20(g)(2)(iii) .......................................
§ 679.21(a)(2) ............................................
as reported in a WPR ...............................
Maximum retainable amounts— ...............
§ 679.5(a)(9) ..............................................
motherships and shoreside processors ....
§ 679.21(e)(7)(vii) ......................................
§ 679.22(b)(1)(iii) .......................................
§ 679.28(c)(3)(i) .........................................
§ 679.40(a)(2)(i)(D) ....................................
§ 679.40(a)(3)(v)(B) ...................................
§ 679.40(a)(6)(i) .........................................
during August ............................................
open to any trawl other than a pelagic
trawl gear year round.
weekly production report required at
§ 679.5(i).
§ 679.5(a)(13) ............................................
other entity ................................................
WPRs ........................................................
corporation or partnership ........................
§ 679.41(d)(2)(ii) ........................................
A corporation, partnership, or other entity
§ 679.42(j)
heading .................................
corporations and partnerships ..................
§ 679.42(j) .................................................
corporation, partnership, or other entity ...
§ 679.42(j) .................................................
corporation or partnership ........................
§ 679.50(c)(3)(i) .........................................
weekly production report submitted to the
Regional Administrator under § 679.5(i).
§ 679.50(c)(3)(ii) ........................................
weekly production report submitted to the
Regional Administrator for that week by
the mothership under § 679.5(i).
paragraph (c) of this section .....................
paragraph (c) of ........................................
rwilkins on PROD1PC63 with PROPOSALS2
§ 679.27(j)(2) .............................................
§ 679.61(d)(1) ............................................
§ 679.61(e)(1) ............................................
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1
1
1
suspended, surrendered in accordance
with paragraph (a)(9) of this section, or
modified.
Licenses for license limitation program
(LLP) groundfish or crab species.
production reports .....................................
1
Alaska local time .......................................
Groundfish and donated prohibited species.
ADF&G Division of Commercial Fisheries
1
1
eLandings .................................................
Production reports. ...................................
submit a production report as described
in paragraphs (e)(9) and (10) of this
section.
as reported in a production report ............
Maximum retainable amounts (MRA)— ...
§ 679.5(a)(7)(v)(C) ....................................
motherships, shoreside processors, and
SFPs.
during the period August ..........................
open unless otherwise closed to trawling
2
1
1
production
report
required
at
§ 679.5(e)(10).
§ 679.5(a)(5)(ii) ..........................................
other non-individual entity .........................
production reports .....................................
corporation, partnership, or other non-individual entity.
A corporation, partnership, or other nonindividual entity.
corporations, partnerships, or other nonindividual entities.
corporation, partnership, association, or
other non-individual entity.
corporation, partnership, association, or
other non-individual entity.
production report submitted to the Regional
Administrator
under
§ 679.5(e)(10).
production reports submitted to the Regional
Administrator
under
§ 679.5(e)(10).
this paragraph (d) .....................................
this section this paragraph (d) ..................
1
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1
1
1
1
1
1
1
1
1
1
1
2
1
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10
1
1
1
1
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Location
Remove
Add
§ 679.84(b) ................................................
§ 679.4(m) .................................................
§ 679.4(n) ..................................................
Frequency
1
12. The map in Figure 3 to part 679
is revised to read as follows:
*
*
*
VerDate Aug<31>2005
*
*
19:24 Sep 23, 2008
13. The map in Figure 5 to part 679
is revised to read as follows:
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BILLING CODE 3510–22–P
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
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14. Figure 7 to part 679 is revised to
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55404
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
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rwilkins on PROD1PC63 with PROPOSALS2
15. Figure 12 to part 679 is revised to
read as follows:
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
16. Table 1 to part 679 is removed;
Tables 1a, 1b, and 1c to part 679 are
55405
added; and Tables 2a and 2b to part 679
are revised to read as follows:
TABLE 1A TO PART 679—DELIVERY CONDITION AND PRODUCT CODES
Description
Code
Belly flaps. Flesh in region of pelvic and pectoral fins and behind head (ancillary only) ...........................................................................
Bled only. Throat or isthmus slit to allow blood to drain .............................................................................................................................
Bled fish destined for fish meal (includes offsite production). DO NOT RECORD ON PTR.
Bones (if meal, report as 32) (ancillary only) ..............................................................................................................................................
Butterfly, no backbone.
Head removed, belly slit, viscera and most of backbone removed; fillets attached ...................................................................................
Cheeks. Muscles on sides of head (ancillary only) .....................................................................................................................................
Chins. Lower jaw (mandible), muscles, and flesh (ancillary only) ..............................................................................................................
Fillets, deep-skin. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of
tail, resulting in thin fillets .........................................................................................................................................................................
Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail ...........................
Fillets with ribs, no skin.
Meat with ribs with skin removed, from sides of body behind head and in front of tail .............................................................................
Fillets with skin and ribs.
Meat and skin with ribs attached, from sides of body behind head and in front of tail ..............................................................................
Fillets with skin, no ribs.
Meat and skin with ribs removed, from sides of body behind head and in front of tail .............................................................................
Fish meal. Meal from whole fish or fish parts; includes bone meal ...........................................................................................................
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03
42
39
37
17
18
24
23
22
20
21
32
EP24SE08.003</GPH>
rwilkins on PROD1PC63 with PROPOSALS2
General Use Codes
55406
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
TABLE 1A TO PART 679—DELIVERY CONDITION AND PRODUCT CODES—Continued
Description
Code
Fish oil. Rendered oil from whole fish or fish parts. Record only oil destined for sale and not oil stored or burned for fuel onboard .....
Gutted, head on. Belly slit and viscera removed ........................................................................................................................................
Gutted, head off. Belly slit and viscera removed ........................................................................................................................................
Head and gutted, with roe ...........................................................................................................................................................................
Headed and gutted, Western cut.
Head removed just in front of the collar bone, and viscera removed .........................................................................................................
Headed and gutted, Eastern cut.
Head removed just behind the collar bone, and viscera removed .............................................................................................................
Headed and gutted, tail removed.
Head removed usually in front of collar bone, and viscera and tail removed ............................................................................................
Heads. Heads only, regardless where severed from body (ancillary only) ................................................................................................
Kirimi (Steak). Head removed either in front or behind the collar bone, viscera removed, and tail removed by cuts perpendicular to
the spine, resulting in a steak ..................................................................................................................................................................
Mantles, octopus or squid. Flesh after removal of viscera and arms .........................................................................................................
Milt (in sacs, or testes) (ancillary only) ........................................................................................................................................................
Minced. Ground flesh ..................................................................................................................................................................................
Other retained product. If product is not listed on this table, enter code 97 and write a description and product recovery rate next to it
in parentheses. .........................................................................................................................................................................................
33
04
05
06
07
08
10
16
11
36
34
31
97
General Use Codes
Pectoral girdle. Collar bone and associated bones, cartilage and flesh .....................................................................................................
Roe. Eggs, either loose or in sacs, or skeins (ancillary only) .....................................................................................................................
Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted .............................................................................................................................................................................................................
Stomachs. Includes all internal organs (ancillary only) ...............................................................................................................................
Surimi. Paste from fish flesh and additives .................................................................................................................................................
Whole fish or shellfish/food fish ...................................................................................................................................................................
Wings. On skates, side fins are cut off next to body. .................................................................................................................................
15
14
12
35
30
01
13
Shellfish Only
Soft shell crab ..............................................................................................................................................................................................
75
Bitter crab ....................................................................................................................................................................................................
Deadloss ......................................................................................................................................................................................................
Sections .......................................................................................................................................................................................................
Meat .............................................................................................................................................................................................................
76
79
80
81
Note: When using whole fish codes, record
round weights not product weights, even if
the whole fish is not used.
TABLE 1B TO PART 679—DISCARD AND DISPOSITION CODES
rwilkins on PROD1PC63 with PROPOSALS2
Description
Code
Confiscation .................................................................................................................................................................................................
Deadloss (crab only) ....................................................................................................................................................................................
Halibut retained for future sale (Halibut only) .............................................................................................................................................
Overage (Specify overage type in comment) ..............................................................................................................................................
Tagged Fish (Exempt from IFQ) .................................................................................................................................................................
Whole fish/bait, not sold. Used as bait on board vessel .............................................................................................................................
Whole fish/bait, sold ....................................................................................................................................................................................
Whole fish/discard at sea ............................................................................................................................................................................
Whole groundfish and prohibited species discarded by catcher vessels, catcher/processors, motherships, or tenders. DO NOT
RECORD ON PTR.
Whole fish/discard, damaged.
Whole fish damaged by observer’s sampling procedures ..........................................................................................................................
Whole fish/discard, decomposed. Decomposed or previously discarded fish ............................................................................................
Whole fish/discard, infested. Flea-infested fish, parasite-infested fish .......................................................................................................
Whole fish/discard, onshore. Discard after delivery and before processing by shoreside processors, stationary floating processors,
and buying stations and in-plant discard of whole groundfish and prohibited species during processing. DO NOT RECORD ON
PTR ..........................................................................................................................................................................................................
Whole fish/donated prohibited species ........................................................................................................................................................
Number of Pacific salmon or Pacific halibut, otherwise required to be discarded that is donated to charity under a NMFS-authorized
program.
Whole fish/fish meal.
Whole fish destined for meal (includes offsite production.) DO NOT RECORD ON PTR .........................................................................
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79
87
62
64
92
61
98
93
89
88
99
86
41
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
55407
TABLE 1B TO PART 679—DISCARD AND DISPOSITION CODES—Continued
Description
Code
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 ..............................................................................................................................................................................................
Whole fish/sold, for human consumption ....................................................................................................................................................
95
60
Note: When using whole fish codes, record
round weights not product weights, even if
the whole fish is not used.
TABLE 1C TO PART 679—PRODUCT TYPE CODES
Description
Code
Ancillary product.
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.
Primary product.
A product, such as fillets, made from each fish, with the highest recovery rate .............................................................................................
Reprocessed or rehandled product.
A product, such as meal, that results from processing a previously reported product or from rehandling a previously reported product ....
TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH
Species description
Code
rwilkins on PROD1PC63 with PROPOSALS2
Atka mackerel (greenling) ..................
Flatfish, miscellaneous (flatfish species without separate codes) ..........
FLOUNDER:
Alaska plaice ...................................
Arrowtooth and/or Kamchatka ........
Starry ...............................................
Octopus, North Pacific ........................
Pacific cod ..........................................
Pollock ................................................
ROCKFISH:
Aurora (Sebastes aurora) ...............
Black (BSAI) (S. melanops) ............
Blackgill (S. melanostomus) ...........
Blue (BSAI) (S. mystinus) ...............
Bocaccio (S. paucispinis) ................
Canary (S. pinniger) ........................
Chilipepper (S. goodei) ...................
China (S. nebulosus) ......................
Copper (S. caurinus) .......................
Darkblotched (S. crameri) ...............
Dusky (S. ciliatus) ...........................
Greenstriped (S. elongatus) ............
Harlequin (S. variegatus) ................
Northern (S. polyspinis) ..................
VerDate Aug<31>2005
19:24 Sep 23, 2008
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TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH—Continued
Species description
193
120
133
121
129
870
110
270
185
142
177
167
137
146
178
149
138
159
154
135
176
136
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141
179
147
153
158
150
151
166
181
152
157
182
183
143
148
184
156
145
175
155
710
160
P
R
TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH—Continued
Code
Pacific Ocean perch (S. alutus) ......
Pygmy (S. wilsoni) ..........................
Quillback (S. maliger) .....................
Redbanded (S. babcocki) ...............
Redstripe (S. proriger) ....................
Rosethorn (S. helvomaculatus) ......
Rougheye (S. aleutianus) ...............
Sharpchin (S. zacentrus) ................
Shortbelly (S. jordani) .....................
Shortraker (S. borealis) ...................
Silvergray (S. brevispinis) ...............
Splitnose (S. diploproa) ..................
Stripetail (S. saxicola) .....................
Thornyhead (all Sebastolobus species) .............................................
Tiger (S. nigrocinctus) .....................
Vermilion (S. miniatus) ....................
Widow (S. entomelas) .....................
Yelloweye (S. ruberrimus) ..............
Yellowmouth (S. reedi) ...................
Yellowtail (S. flavidus) .....................
Sablefish (blackcod) ...........................
Sculpins ..............................................
SHARKS:
A
Species description
Other (if salmon, spiny dogfish or
Pacific sleeper shark—use specific species code) .......................
Pacific sleeper .................................
Salmon ............................................
Spiny dogfish ..................................
SKATES:
Big ...................................................
Longnose ........................................
Other (If longnose or big skate—
use specific species code) ..........
SOLE:
Butter ...............................................
Dover ...............................................
English ............................................
Flathead ..........................................
Petrale .............................................
Rex ..................................................
Rock ................................................
Sand ................................................
Yellowfin ..........................................
Squid, majestic ...................................
Turbot, Greenland ..............................
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Code
689
692
690
691
702
701
700
126
124
128
122
131
125
123
132
127
875
134
55408
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
General use
rwilkins on PROD1PC63 with PROPOSALS2
Species description
VerDate Aug<31>2005
19:24 Sep 23, 2008
Jkt 214001
Species description
521
116
531
210
217
194
191
192
214
213
625
600
130
216
260
212
112
600
220
250
General use
General use
Code
Arctic char (anadromous) ...................
Bering flounder (Hippoglossoides
robustus) .........................................
Dolly varden (anadromous) ................
Eels or eel-like fish .............................
Eel, wolf ..............................................
GREENLING:
Kelp .................................................
Rock ................................................
Whitespot ........................................
Grenadier, giant ..................................
Grenadier (rattail) ...............................
Jellyfish (unspecified) .........................
Lamprey, Pacific .................................
Lingcod ...............................................
Lumpsucker ........................................
Pacific flatnose ...................................
Pacific hagfish ....................................
Pacific hake ........................................
Pacific lamprey ...................................
Pacific saury .......................................
Pacific tomcod ....................................
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
Poacher (Family Agonidae) ................
Prowfish ..............................................
Ratfish .................................................
Rockfish, black (GOA) ........................
Rockfish, blue (GOA) .........................
Sardine, Pacific (pilchard) ..................
Sea cucumber, red .............................
Shad ...................................................
Skilfish ................................................
Snailfish, general (genus Liparis and
genus Careproctus) ........................
Sturgeon, general ...............................
Wrymouths ..........................................
SHELLFISH:
Abalone, northern (pinto) ................
CLAMS:
Arctic surf ........................................
Cockle .............................................
Eastern softshell .............................
Pacific geoduck ...............................
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Species description
Code
219
215
714
142
167
170
895
180
715
218
680
211
860
812
820
842
815
Code
Pacific littleneck ..............................
Pacific razor ....................................
Washington butter ...........................
Coral ...................................................
Mussel, blue .......................................
Oyster, Pacific ....................................
Scallop, weathervane .........................
Scallop, pink (or calico) ......................
SHRIMP:
Coonstripe .......................................
Humpy .............................................
Northern (pink) ................................
Sidestripe ........................................
Spot .................................................
Snails ..................................................
Urchin, green sea ...............................
Urchin, red sea ...................................
840
830
810
899
855
880
850
851
964
963
961
962
965
890
893
892
18. Table 4 to part 679 is revised to
read as follows:
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TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES
55409
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS
Boundaries to 1
Boundaries from
Latitude
Site name
rwilkins on PROD1PC63 with PROPOSALS2
Column No. 1
2
St. Lawrence I./S Punuk I ...........
St. Lawrence I./SW Cape ............
Hall I ............................................
St. Paul I./Sea Lion Rock ............
St. Paul I./NE Pt ..........................
Walrus I. (Pribilofs) ......................
St. George I./Dalnoi Pt ................
St. George I./S Rookery ..............
Cape Newenham .........................
Round (Walrus Islands) ...............
Attu I./Cape Wrangell ..................
Agattu I./Gillon Pt ........................
Attu I./Chirikof Pt .........................
Agattu I./Cape Sabak ..................
Alaid I ..........................................
Shemya I .....................................
Buldir I .........................................
Kiska I./Cape St. Stephen ...........
Kiska I./Sobaka & Vega ..............
Kiska I./Lief Cove ........................
Kiska I./Sirius Pt ..........................
Tanadak I. (Kiska) .......................
Segula I .......................................
Ayugadak Point ...........................
Rat I./Krysi Pt ..............................
Little Sitkin I .................................
Amchitka I./Column Rocks ..........
Amchitka I./East Cape .................
Amchitka I./Cape Ivakin ..............
Semisopochnoi/Petrel Pt .............
Semisopochnoi I./Pochnoi Pt ......
Amatignak I. Nitrof Pt ..................
Unalga & Dinkum Rocks .............
Ulak I./Hasgox Pt ........................
Kavalga I .....................................
Tag I ............................................
Ugidak I .......................................
Gramp Rock ................................
Tanaga I./Bumpy Pt ....................
Bobrof I ........................................
Kanaga I./Ship Rock ...................
Kanaga I./North Cape .................
Adak I ..........................................
Little Tanaga Strait ......................
Great Sitkin I ...............................
Anagaksik I ..................................
Kasatochi I ...................................
Atka I./North Cape .......................
Amlia I./Sviech. Harbor 11 ............
Sagigik I 11 ...................................
Amlia I./East 11 ............................
Tanadak I. (Amlia 11) ...................
Agligadak I 11 ...............................
Seguam I./Saddleridge Pt 11 .......
Seguam I./Finch Pt ......................
Seguam I./South Side .................
Amukta I. & Rocks ......................
Chagulak I ...................................
Yunaska I ....................................
Uliaga 3 ........................................
Chuginadak .................................
Kagamil 3 .....................................
Samalga ......................................
Adugak I 3 ....................................
Umnak I./Cape Aslik 3 .................
Ogchul I .......................................
Bogoslof I./Fire I 3 ........................
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Bering Sea .......
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Aleutian I ..........
Bering Sea .......
Gulf of Alaska ..
Bering Sea .......
Gulf of Alaska ..
Bering Sea .......
Bering Sea .......
Gulf of Alaska ..
Bering Sea .......
VerDate Aug<31>2005
19:24 Sep 23, 2008
Longitude
Latitude
Longitude
Pollock nofishing zones
for trawl
gear 2,8 (nm)
3
4
5
6
7
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
52°55.40 N .......
..........................
..........................
52°21.80 N .......
52°45.00 N .......
..........................
52°20.38 N .......
51°53.50 N .......
51°48.50 N .......
51°57.24 N .......
..........................
..........................
52°03.06 N .......
..........................
..........................
..........................
..........................
51°22.00 N .......
..........................
52°01.50 N .......
..........................
..........................
51°35.09 N .......
51°18.70 N .......
51°34.50 N .......
..........................
..........................
..........................
51°55.00 N .......
..........................
..........................
..........................
51°37.40 N .......
..........................
52°06.60 N .......
..........................
..........................
..........................
..........................
..........................
52°05.75 N .......
..........................
..........................
52°21.02 N .......
52°23.25 N .......
52°15.55 N .......
..........................
..........................
..........................
53°05.00 N .......
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
172°27.20 E .....
..........................
..........................
173°41.40 E .....
173°56.50 E .....
..........................
175°53.85 E .....
177°12.00 E .....
177°20.50 E .....
177°20.53 E .....
..........................
..........................
178°08.80 E .....
..........................
..........................
..........................
..........................
179°27.00 E .....
..........................
179°39.00 E .....
..........................
..........................
179°03.66 W ....
178°59.60 W ....
178°49.50 W ....
..........................
..........................
..........................
177°57.10 W ....
..........................
..........................
..........................
176°59.60 W ....
..........................
176°07.00 W ....
..........................
..........................
..........................
..........................
..........................
172°57.50 W ....
..........................
..........................
172°33.60 W ....
172°24.30 W ....
172°31.22 W ....
..........................
..........................
..........................
169°46.00 W ....
..........................
..........................
..........................
..........................
..........................
..........................
..........................
Area or subarea
Jkt 214001
PO 00000
63°04.00
63°18.00
60°37.00
57°06.00
57°15.00
57°11.00
56°36.00
56°33.50
58°39.00
58°36.00
52°54.60
52°24.13
52°49.75
52°22.50
52°46.50
52°44.00
52°20.25
51°52.50
51°49.50
51°57.16
52°08.50
51°56.80
51°59.90
51°45.36
51°49.98
51°59.30
51°32.32
51°22.26
51°24.46
52°01.40
51°57.30
51°13.00
51°33.67
51°18.90
51°34.50
51°33.50
51°34.95
51°28.87
51°55.00
51°54.00
51°46.70
51°56.50
51°35.50
51°49.09
52°06.00
51°50.86
52°11.11
52°24.20
52°01.80
52°00.50
52°05.70
52°04.20
52°06.09
52°21.05
52°23.40
52°21.60
52°27.25
52°34.00
52°41.40
53°04.00
52°46.70
53°02.10
52°46.00
52°54.70
53°25.00
52°59.71
53°55.69
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171°26.00
173°00.00
170°17.50
170°06.50
169°56.00
169°46.00
169°40.00
162°10.50
159°58.00
172°27.90
173°21.31
173°26.00
173°43.30
173°51.50
174°08.70
175°54.03
177°12.70
177°19.00
177°20.41
177°36.50
177°46.80
178°05.80
178°24.30
178°12.35
178°29.80
178°49.28
179°27.93
179°24.21
179°36.90
179°46.00
179°07.80
179°04.25
178°58.90
178°51.73
178°34.50
178°30.45
178°20.58
177°58.50
177°27.00
177°20.72
177°09.00
176°57.10
176°13.90
176°10.50
175°53.00
175°31.00
174°17.80
173°23.90
173°09.30
172°59.00
172°57.60
172°54.23
172°34.40
172°27.70
172°19.30
171°17.90
171°10.50
170°36.35
169°47.00
169°41.90
169°41.00
169°15.00
169°10.50
168°24.50
168°24.24
168°02.05
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55410
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Boundaries to 1
Boundaries from
Latitude
Site name
rwilkins on PROD1PC63 with PROPOSALS2
Column No. 1
2
Polivnoi Rock ...............................
Emerald I .....................................
Unalaska/Cape Izigan .................
Unalaska/Bishop Pt 9 ...................
Akutan I./Reef-lava 9 ....................
Unalaska I./Cape Sedanka 6 .......
Old Man Rocks 6 .........................
Akutan I./Cape Morgan 6 .............
Akun I./Billings Head 9 .................
Rootok 6 .......................................
Tanginak I 6 .................................
Tigalda/Rocks NE 6 .....................
Unimak/Cape Sarichef 9 ..............
Aiktak 6 .........................................
Ugamak I 6 ...................................
Round (GOA) 6 ............................
Sea Lion Rock (Amak) 9 ..............
Amak I. And rocks 9 .....................
Bird I ............................................
Caton I .........................................
South Rocks ................................
Clubbing Rocks (S) .....................
Clubbing Rocks (N) .....................
Pinnacle Rock .............................
Sushilnoi Rocks ...........................
Olga Rocks ..................................
Jude I ..........................................
Sea Lion Rocks (Shumagins) .....
Nagai I./Mountain Pt ....................
The Whaleback ...........................
Chernabura I ...............................
Castle Rock .................................
Atkins I .........................................
Spitz I ..........................................
Mitrofania .....................................
Kak ..............................................
Lighthouse Rocks ........................
Sutwik I ........................................
Chowiet I .....................................
Nagai Rocks ................................
Chirikof I ......................................
Puale Bay 12 ................................
Kodiak/Cape Ikolik .......................
Takli I ...........................................
Cape Kuliak .................................
Cape Gull ....................................
Kodiak/Cape Ugat .......................
Sitkinak/Cape Sitkinak .................
Shakun Rock ...............................
Twoheaded I ...............................
Cape Douglas (Shaw I.) 12 ..........
Kodiak/Cape Barnabas ...............
Kodiak/Gull Point 4 .......................
Latax Rocks .................................
Ushagat I./SW .............................
Ugak I 4 ........................................
Sea Otter I ...................................
Long I ..........................................
Sud I ............................................
Kodiak/Cape Chiniak ...................
Sugarloaf I ...................................
Sea Lion Rocks (Marmot) ...........
Marmot I 5 ....................................
Nagahut Rocks ............................
Perl ..............................................
Gore Point ...................................
Outer (Pye) I ................................
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Bering Sea .......
Bering Sea .......
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Bering Sea .......
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Bering Sea .......
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Bering Sea .......
Bering Sea .......
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
Gulf of Alaska ..
VerDate Aug<31>2005
19:24 Sep 23, 2008
Longitude
Latitude
Longitude
Pollock nofishing zones
for trawl
gear 2,8 (nm)
3
4
5
6
7
167°57.99 W ....
167°51.50 W ....
167°39.37 W ....
166°57.50 W ....
166°06.19 W ....
166°05.00 W ....
166°04.90 W ....
165°59.65 W ....
165°32.06 W ....
165°31.90 W ....
165°19.40 W ....
164°59.00 W ....
164°56.80 W ....
164°51.15 W ....
164°47.50 W ....
164°46.60 W ....
163°12.10 W ....
163°09.60 W ....
163°17.2 W ......
162°21.30 W ....
162°41.3 W ......
162°26.7 W ......
162°26.7 W ......
161°45.85 W ....
161°42.73 W ....
161°29.81 W ....
161°06.27 W ....
160°31.04 W ....
160°15.40 W ....
160°05.04 W ....
159°32.99 W ....
159°29.77 W ....
159°17.40 W ....
158°53.90 W ....
158°41.90 W ....
157°50.10 W ....
157°24.89 W ....
157°20.47 W ....
156°41.42 W ....
155°47.50 W ....
155°39.50 W ....
155°23.10 W ....
154°47.50 W ....
154°31.25 W ....
154°12.50 W ....
154°09.60 W ....
153°50.97 W ....
153°50.96 W ....
153°41.50 W ....
153°32.75 W ....
153°22.50 W ....
152°53.05 W ....
152°36.30 W ....
152°31.30 W ....
152°22.20 W ....
152°17.50 W ....
152°13.30 W ....
152°12.90 W ....
152°12.50 W ....
152°08.25 W ....
152°02.40 W ....
151°48.83 W ....
151°47.75 W ....
151°46.30 W ....
151°39.75 W ....
150°58.00 W ....
150°23.00 W ....
..........................
..........................
..........................
..........................
54°09.10 N .......
..........................
..........................
54°03.70 N .......
54°17.57 N .......
54°02.90 N .......
..........................
54°09.12 N .......
..........................
..........................
54°12.80 N .......
..........................
..........................
55°26.15 N .......
..........................
..........................
..........................
..........................
..........................
..........................
..........................
54°59.09 N .......
..........................
..........................
54°56.00 N .......
..........................
54°45.87 N .......
..........................
..........................
..........................
..........................
..........................
..........................
56°32.00 N .......
56°00.30 N .......
..........................
55°46.44 N .......
..........................
..........................
..........................
..........................
58°12.50 N .......
..........................
..........................
..........................
56°53.90 N .......
..........................
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..........................
..........................
..........................
57°21.90 N .......
..........................
..........................
..........................
..........................
..........................
..........................
58°09.90 N .......
..........................
..........................
..........................
59°21.00 N .......
..........................
..........................
..........................
..........................
166°05.50 W ....
..........................
..........................
166°03.68 W ....
165°31.71 W ....
165°29.50 W ....
..........................
164°57.18 W ....
..........................
..........................
164°47.50 W ....
..........................
..........................
163°08.50 W ....
..........................
..........................
..........................
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161°30.89 W ....
..........................
..........................
160°15.00 W ....
..........................
159°35.74 W ....
..........................
..........................
..........................
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..........................
..........................
157°21.00 W ....
156°41.60 W ....
..........................
155°43.46 W ....
..........................
..........................
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154°10.50 W ....
..........................
..........................
..........................
153°33.74 W ....
..........................
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152°17.40 W ....
..........................
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151°52.06 W ....
..........................
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150°24.50 W ....
Area or subarea
Jkt 214001
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53°17.50
53°13.64
53°58.40
54°08.10
53°50.50
53°52.20
54°03.39
54°17.62
54°03.90
54°12.00
54°09.60
54°34.30
54°10.99
54°13.50
54°12.05
55°27.82
55°24.20
54°40.00
54°22.70
54°18.14
54°41.98
54°42.75
54°46.06
54°49.30
55°00.45
55°15.75
55°04.70
54°54.20
55°16.82
54°45.18
55°16.47
55°03.20
55°46.60
55°50.20
56°17.30
55°46.79
56°31.05
56°00.54
55°49.80
55°46.50
57°40.60
57°17.20
58°01.75
58°08.00
58°11.50
57°52.41
56°34.30
58°32.80
56°54.50
59°00.00
57°10.20
57°21.45
58°40.10
58°54.75
57°23.60
58°31.15
57°46.82
58°54.00
57°37.90
58°53.25
58°20.53
58°13.65
59°06.00
59°05.75
59°12.00
59°20.50
Frm 00044
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
55411
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Boundaries to 1
Boundaries from
Latitude
Site name
Longitude
Latitude
Longitude
Pollock nofishing zones
for trawl
gear 2,8 (nm)
3
4
5
6
7
..........................
..........................
..........................
59°51.00 N .......
..........................
..........................
..........................
..........................
..........................
..........................
..........................
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149°24.70 W ....
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10
10
10
10
20
........................
........................
........................
20
........................
20
20
10
20
20
Area or subarea
Column No. 1
2
Steep Point ..................................
Seal Rocks (Kenai) .....................
Chiswell Islands ...........................
Rugged Island .............................
Point Elrington 7 10 .......................
Perry I 7 ........................................
The Needle 7 ................................
Point Eleanor 7 .............................
Wooded I. (Fish I.) ......................
Glacier Island 7 ............................
Seal Rocks (Cordova) 10 .............
Cape Hinchinbrook 10 ..................
Middleton I ...................................
Hook Point 10 ...............................
Cape St. Elias .............................
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
Gulf
of
of
of
of
of
of
of
of
of
of
of
of
of
of
of
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
Alaska
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
59°29.05
59°31.20
59°36.00
59°50.00
59°56.00
60°44.00
60°06.64
60°35.00
59°52.90
60°51.30
60°09.78
60°14.00
59°28.30
60°20.00
59°47.50
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
150°15.40
149°37.50
149°34.00
149°23.10
148°15.20
147°54.60
147°36.17
147°34.00
147°20.65
147°14.50
146°50.30
146°38.50
146°18.80
146°15.60
144°36.20
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
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....
Notes to Table 4 to part 679:
1 Where two sets of coordinates are given, the baseline extends in a clockwise direction from the first set of geographic coordinates along the
shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.
2 Closures as stated in § 679.22(a)(7)(iv), (a)(8)(ii), and (b)(2)(ii).
3 This site lies within the Bogoslof area (BA). The BA consists of all waters of area 518 as described in Figure 1 of this part south of a straight
line connecting 55°00′ N / 170°00′ W, and 55°00′ N / 168°11′4.75″ W. Closure to directed fishing for pollock around Uliaga and Kagamil is 20 nm
for waters west of 170°W long. and 10 nm for waters east of 170°W long.
4 Trawl closure between 0 nm to 10 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 3 nm is effective from August 25 through November 1.
5 Trawl closure between 0 nm to 15 nm is effective from January 20 through May 31. Trawl closure between 0 nm to 20 nm is effective from
August 25 to November 1.
6 Restriction area includes only waters of the Gulf of Alaska Area.
7 Contact the Alaska Department of Fish and Game for fishery restrictions at these sites.
8 No-fishing zones are the waters between 0 nm and the nm specified in column 7 of this table around each site and within the BA.
9 This site is located in the Bering Sea Pollock Restriction Area, closed to pollock trawling during the A season. This area consists of all waters
of the Bering Sea subarea south of a line connecting the points 55°46′30″ N lat. 163°00′00″ W long., 54°42′9″ N lat. 165°08′00″ W long.,
54°26′30″ N lat. 165°40′00″ W long., 54°18′40″ N lat. 166°12′00″ W long. and 54°8′50″ N lat. 167°00′00″ W long.
10 The 20 nm closure around this site is effective in federal waters outside of State of Alaska waters of Prince William Sound.
11 Some or all of the restricted area is located in the Seguam Foraging area (SFA) which is closed to all gears types. The SFA is established
as all waters within the area between 52°N lat. and 53°N lat. and between 173°30′ W long. and 172°30′ W long.
12 The 3 nm trawl closure around Puale Bay and the 20 nm trawl closure around Cape Douglas/Shaw I. are effective January 20 through May
31. The 10 nm trawl closure around Puale Bay and the 10 nm trawl closure around Cape Douglas/Shaw I. are effective August 25 through November 1.
19. Table 9 is removed and reserved;
and Tables 10, 11, and 12 to part 679 are
revised to read as follows:
rwilkins on PROD1PC63 with PROPOSALS2
BILLING CODE 3510–22–P
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
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55412
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rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
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rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
55416
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3 NM NO GROUNDFISH FISHING SITES
Boundaries to 1
Boundaries from
Latitude
Site name
Longitude
Latitude
Longitude
No transit 2 3
nm
3
4
5
6
7
169°56.00 W ....
172°27.90 E .....
173°21.31 E .....
173°43.30 E .....
175°54.03 E .....
177°12.70 E .....
177°20.41 E .....
178°24.30 E .....
178°49.28 E .....
179°27.93 E .....
179°36.90 E .....
179°46.00 E .....
178°58.90 W ....
178°34.50 W ....
178°20.58 W ....
176°57.10 W ....
175°31.00 W ....
172°54.23 W ....
172°34.40 W ....
170°36.35 W ....
169°10.50 W ....
168°24.24 W ....
168°02.05 W ....
165°59.65 W ....
165°32.06 W ....
164°47.50 W ....
163°12.10 W ....
162°26.7 W ......
162°26.7 W ......
161°45.85 W ....
159°32.99 W ....
159°17.40 W ....
156°41.42 W ....
155°39.50 W ....
152°02.40 W ....
151°47.75 W ....
150°23.00 W ....
147°20.65 W ....
146°50.30 W ....
...........................
52°55.40 N .......
...........................
52°21.80 N .......
52°20.38 N .......
51°53.50 N .......
51°57.24 N .......
...........................
...........................
51°22.00 N .......
52°01.50 N .......
...........................
51°18.70 N .......
...........................
...........................
51°37.40 N .......
...........................
...........................
52°21.02 N .......
...........................
...........................
...........................
...........................
54°03.70 N .......
54°17.57 N .......
54°12.80 N .......
...........................
...........................
...........................
...........................
54°45.87 N .......
...........................
56°00.30 N .......
55°46.44 N .......
...........................
58°09.90 N .......
59°21.00 N .......
...........................
...........................
...........................
172°27.20 E .....
...........................
173°41.40 E .....
175°53.85 E .....
177°12.00 E .....
177°20.53 E .....
...........................
...........................
179°27.00 E .....
179°39.00 E .....
...........................
178°59.60 W ....
...........................
...........................
176°59.60 W ....
...........................
...........................
172°33.60 W ....
...........................
...........................
...........................
...........................
166°03.68 W ....
165°31.71 W ....
164°47.50 W ....
...........................
...........................
...........................
...........................
159°35.74 W ....
...........................
156°41.60 W ....
155°43.46 W ....
...........................
151°52.06 W ....
150°24.50 W ....
...........................
...........................
Area or subarea
Column No. 1
2
Walrus I. (Pribilofs) ......................
Attu I./Cape Wrangell ..................
Agattu I./Gillon Pt. .......................
Agattu I./Cape Sabak ..................
Buldir I. ........................................
Kiska I./Cape St. Stephen ...........
Kiska I./Lief Cove ........................
Ayugadak Point ...........................
Amchitka I./Column Rocks ..........
Amchitka I./East Cape .................
Semisopochnoi/Petrel Pt. ............
Semisopochnoi I./Pochnoi Pt. .....
Ulak I./Hasgox Pt. .......................
Tag I. ...........................................
Gramp Rock ................................
Adak I. .........................................
Kasatochi I. ..................................
Agligadak I. ..................................
Seguam I./Saddleridge Pt. ..........
Yunaska I. ...................................
Adugak I. .....................................
Ogchul I. ......................................
Bogoslof I./Fire I. .........................
Akutan I./Cape Morgan ...............
Akun I./Billings Head ...................
Ugamak I. ....................................
Sea Lion Rock (Amak) ................
Clubbing Rocks (S) .....................
Clubbing Rocks (N) .....................
Pinnacle Rock .............................
Chernabura I. ..............................
Atkins I. ........................................
Chowiet I. ....................................
Chirikof I. .....................................
Sugarloaf I. ..................................
Marmot I. .....................................
Outer (Pye) I. ...............................
Wooded I. (Fish I.) ......................
Seal Rocks (Cordova) .................
Bering Sea ........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Aleutian I. .........
Bering Sea ........
Gulf of Alaska ...
Bering Sea .......
Gulf of Alaska ...
Bering Sea .......
Gulf of Alaska ...
Bering Sea .......
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
Gulf of Alaska ...
57°11.00
52°54.60
52°24.13
52°22.50
52°20.25
51°52.50
51°57.16
51°45.36
51°32.32
51°22.26
52°01.40
51°57.30
51°18.90
51°33.50
51°28.87
51°35.50
52°11.11
52°06.09
52°21.05
52°41.40
52°54.70
52°59.71
53°55.69
54°03.39
54°17.62
54°13.50
55°27.82
54°41.98
54°42.75
54°46.06
54°45.18
55°03.20
56°00.54
55°46.50
58°53.25
58°13.65
59°20.50
59°52.90
60°09.78
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
1 Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the
shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.
2 See 50 CFR 223.202(a)(2)(i) for regulations regarding 3 nm no transit zones.
Note: No groundfish fishing zones are the
waters between 0 nm to 3 nm surrounding
each site.
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
20. Tables 14a and 14b to part 679 are
revised to read as follows:
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA
NMFS
code
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Port name
Adak ....................
Akutan, Akutan
Bay.
Alitak ....................
Anchorage ...........
Angoon ................
Aniak ....................
Anvik ....................
Atka .....................
Auke Bay .............
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ADF&G code
186
101
ADA
AKU
103
105
106
300
301
107
136
ALI
ANC
ANG
ANI
ANV
ATK
JNU
19:24 Sep 23, 2008
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NMFS
code
Port name
Beaver Inlet .........
Bethel ..................
Captains Bay .......
Chefornak ............
Chignik .................
Cordova ...............
Craig ....................
Dillingham ............
Douglas ...............
Dutch Harbor/Unalaska.
Egegik ..................
Ekuk .....................
Elfin Cove ............
Emmonak ............
Excursion Inlet .....
False Pass ...........
PO 00000
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ADF&G code
119
302
119
189
113
115
116
117
136
119
DUT
BET
DUT
CHF
CHG
COR
CRG
DIL
JNU
DUT
122
303
123
304
124
125
EGE
EKU
ELF
EMM
XIP
FSP
Sfmt 4702
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
Port name
Fairbanks .............
Galena .................
Glacier Bay ..........
Glennallen ...........
Gustavus .............
Haines .................
Homer ..................
Hoonah ................
Hydaburg .............
Hyder ...................
Juneau .................
Kake ....................
Kaltag ..................
Kasilof ..................
Kenai ...................
Kenai River ..........
Ketchikan .............
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NMFS
code
305
306
307
308
127
128
132
133
309
134
136
137
310
138
139
139
141
ADF&G code
FBK
GAL
GLB
GLN
GUS
HNS
HOM
HNH
HYD
HDR
JNU
KAK
KAL
KAS
KEN
KEN
KTN
55417
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TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
NMFS
code
Port name
King Cove ............
King Salmon ........
Kipnuk ..................
Klawock ...............
Kodiak ..................
Kotzebue .............
Larsen Bay ..........
Mekoryuk .............
Metlakatla ............
Moser Bay ...........
Naknek ................
Nenana ................
Nikiski (or
Nikishka).
Ninilchik ...............
Nome ...................
Nunivak Island .....
Old Harbor ...........
Other Alaska1 ......
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
ADF&G code
142
143
144
145
146
311
327
147
148
312
149
313
150
KCO
KNG
KIP
KLA
KOD
KOT
LRB
MEK
MET
MOS
NAK
NEN
NIK
151
152
314
153
499
NIN
NOM
NUN
OLD
OAK
NMFS
code
Port name
Pelican .................
Petersburg ...........
Port Alexander .....
Port Armstrong ....
Port Bailey ...........
Port Graham ........
Port Lions ............
Port Moller ...........
Port Protection .....
Quinhagak ...........
Sand Point ...........
Savoonga ............
Selawik ................
Seldovia ...............
Seward ................
Sitka .....................
Skagway ..............
Soldotna ..............
St. George ...........
155
156
158
315
159
160
316
317
161
187
164
165
326
166
167
168
169
318
170
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
ADF&G code
PEL
PBG
PAL
PTA
PTB
GRM
LIO
MOL
PRO
QUK
SPT
SAV
SWK
SEL
SEW
SIT
SKG
SOL
STG
Port name
St. Mary ...............
St. Paul ................
Tee Harbor ..........
Tenakee Springs
Togiak ..................
Toksook Bay ........
Tununak ...............
Ugashik ................
Unalakleet ............
Valdez ..................
Wasilla .................
Whittier ................
Wrangell ..............
Yakutat ................
NMFS
code
319
172
136
174
176
177
178
320
321
181
322
183
184
185
ADF&G code
STM
STP
JNU
TEN
TOG
TOB
TUN
UGA
UNA
VAL
WAS
WHT
WRN
YAK
1To report a landing at an Alaska location
not currently assigned a location code number, use ‘‘Other Alaska’’ code ‘‘499’’ or ‘‘OAK.’’
TABLE 14B TO PART 679—PORT OF LANDING CODES: NON-ALASKA
[California, Canada, Oregon, and Washington]
Port State or country
Port name
CALIFORNIA .........................................................................................................................................
Eureka ...........................
Other California1 ............
Other Canada1 ..............
Port Edward, B.C. .........
Prince Rupert, B.C. .......
Vancouver, B.C. ............
Astoria ...........................
Newport .........................
Other Oregon1 ...............
Portland .........................
Warrenton ......................
Anacortes ......................
Bellingham .....................
Blaine ............................
Everett ...........................
La Conner .....................
Olympia .........................
Other Washington1 ........
Seattle ...........................
Tacoma .........................
CANADA ...............................................................................................................................................
OREGON ..............................................................................................................................................
WASHINGTON ......................................................................................................................................
NMFS
code
500
599
899
802
802
803
600
603
699
323
604
700
702
717
704
708
324
799
715
325
ADF&G
code
EUR
OCA
OCN
PRU
PRU
VAN
AST
NPT
OOR
POR
WAR
ANA
BEL
BLA
EVT
LAC
OLY
OWA
SEA
TAC
1To report a landing at a location not currently assigned a location code number, use the code for ‘‘Other California’’, ‘‘Other Oregon’’, ‘‘Other
Washington’’, or ‘‘Other Canada’’ at which the landing occurs.
21. Table 15 to part 679 is revised to
read as follows:
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55419
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PART 680—SHELLFISH FISHERIES OF
THE EXCLUSIVE ECONOMIC ZONE
OFF ALASKA
22. The authority citation for part 680
continues to read as follows:
Authority: 16 U.S.C. 1862.
23. In § 680.2, paragraphs (1), (2)
introductory text, (3), and (4) in the
definition for ‘‘Crab individual fishing
quota (crab IFQ)’’ are revised and a
definition for ‘‘Sideboards’’ is added in
alphabetical order to read as follows:
§ 680.2
Definitions.
*
*
*
*
*
Crab individual fishing quota (crab
IFQ) * * *
(1) Catcher vessel crew (CVC) IFQ
means crab IFQ derived from QS
initially issued to persons who
historically held CFEC crab permits and
signed fish tickets for qualifying
landings based on pounds delivered
raw, to annually harvest, but not
process, CR crab onboard the vessel
used to harvest that crab.
(2) Catcher vessel owner (CVO) IFQ
means crab IFQ derived from QS
initially issued to persons who held LLP
crab permits and had qualifying
landings based on pounds delivered
raw, to annually harvest, but not
process, CR crab onboard the vessel
used to harvest that crab.
*
*
*
*
*
(3) Catcher/processor owner (CPO)
IFQ means crab IFQ derived from QS
initially issued to persons who held LLP
crab permits and had qualifying
landings derived from landings
processed at sea, to annually harvest
and process CR crab.
(4) Catcher/processor crew (CPC) IFQ
means crab IFQ derived from QS
initially issued to persons who
historically held CFEC crab permits and
signed fish tickets for qualifying
landings based on landings processed at
sea, to annually harvest and process CR
crab.
*
*
*
*
*
Sideboards (see § 680.22).
*
*
*
*
*
24. In § 680.4, paragraph (d)(3) is
revised to read as follows:
§ 680.4
Permits.
*
*
*
*
*
(d) * * *
(3) On an annual basis, the Regional
Administrator will issue a crab IFQ
permit to a person who submits a
complete annual application for a crab
IFQ/IPQ permit, described at paragraph
(f) of this section, that is subsequently
approved by the Regional
Administrator.
*
*
*
*
*
25. In § 680.5:
A. Paragraphs (c) and (d) are removed
and reserved.
B. Paragraphs (a)(2)(i)(G) and (b) are
revised.
C. Paragraphs (a)(2)(i) (L) and (m) are
added.
The revisions and additions read as
follows:
§ 680.5
(R&R).
Recordkeeping and reporting
(a) * * *
(2) * * *
(i) * * *
Person responsible
*
*
*
*
*
(G) CR crab landing report ...................................................................................................................
*
RCR ........................
*
§ 679.5(e)(9)
*
*
*
*
*
(L) CR RCR Ex-vessel Volume and Value Report ..............................................................................
*
RCR ........................
§ 80.5(m)
*
*
*
*
*
(b) IFQ crab landings—(1) Landing
reports. See § 679.5(e) of this chapter.
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landed crab catch must be weighed,
reported, and debited from the
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*
appropriate IFQ account under which
the catch was harvested, and IPQ
account under which it was received, as
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55420
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
appropriate (see § 679.5(e) of this
chapter).
*
*
*
*
*
(m) CR Registered Crab Receiver
(RCR) Ex-vessel Volume and Value
Report—(1) Applicability. An RCR that
also operates as a shoreside processor or
stationary floating crab processor and
receives and purchases landings of CR
crab must submit annually to NMFS a
complete CR RCR Ex-vessel Volume and
Value Report, as described in this
paragraph (m), for each reporting period
in which the RCR receives CR crab.
(2) Reporting period. The reporting
period of the CR RCR Ex-vessel Volume
and Value Report shall extend from
August 15 through April 30 of the
following year, inclusive.
(3) Due date. A complete CR RCR Exvessel Volume and Value Report must
be received by the Regional
Administrator not later than May 15 of
the reporting period in which the RCR
received the CR crab.
(4) Information required. The RCR
must log in to https://
www.alaskafisheries.noaa.gov using his
or her password and NMFS person ID to
submit a CR RCR Ex-vessel Volume and
Value Report. A complete CR RCR Exvessel Volume and Value Report must
include the information in paragraphs
(m)(4)(i) through (iv) of this section only
for priced crab delivered raw:
(i) RCR identification. This includes:
(A) Name;
(B) RCR permit number;
(C) Social security number or tax
identification number;
(D) NMFS person ID;
(E) Business mailing address, indicate
whether permanent or temporary;
(F) Business telephone number, fax
number; and e-mail address (if any); and
(G) Facility or vessel location (port
location).
(ii) CR crab program (e.g., IFQ, CDQ,
ADAK).
(iii) CR crab pounds purchased and
ex-vessel value—(A) Pounds purchased.
The total CR crab pounds purchased by
fishery and species for each month.
(B) Ex-vessel value paid. The total
gross ex-vessel value paid for raw CR
crab pounds before any deductions are
made for goods and services provided to
the CR crab harvesters. The gross value
includes all value paid in any form (e.g.,
dollars, goods, services, bait, ice, fuel,
repairs, machinery replacement, etc.).
(C) Value paid for price adjustments.
Enter the monthly total U.S. dollar
amount (value paid for price
adjustments) of any CR crab retropayments (correlated by CR crab species
and fishery, landing month(s), and
month of payment) made in the current
year to CR crab permit holders for
landings made during the previous
calendar year.
(iv) Certification. By using the RCR
NMFS ID and password and submitting
the report, the RCR certifies that all
information is true, correct, and
complete to the best of his or her
knowledge and belief.
(5) Submittal. The RCR must complete
and submit online by electronic
submission to NMFS the CR Registered
Crab Receiver Ex-vessel Volume and
Value Report available at https://
alaskafisheries.noaa.gov/ram.
26. In § 680.23, paragraph (b)(4) is
revised to read as follows:
§ 680.23 Equipment and operational
requirements.
*
*
*
*
*
(b) * * *
(4) Offload all CR crab product
processed onboard at a shoreside
location in the United States accessible
by road or regularly scheduled air
service and weigh that product on a
scale approved by the state in which the
CR crab product is removed from the
vessel that harvested the CR crab; and
*
*
*
*
*
27. In § 680.44, paragraph (a)(2)(i) is
revised to read as follows:
§ 680.44
Cost recovery.
(a) * * *
(2) * * *
(i) All CR allocation holders and RCR
permit holders will be subject to a fee
liability for any CR crab debited from a
CR allocation during a crab fishing year,
except for crab designated as personal
use or deadloss, or crab confiscated by
NMFS or the State of Alaska.
*
*
*
*
*
§§ 680.7, 680.20, and 680.40
[Amended]
28. At each of the locations shown in
the Location column, remove the phrase
indicated in the ‘‘Remove’’ column and
replace it with the phrase indicated in
the ‘‘Add’’ column for the number of
times indicated in the ‘‘Frequency’’
column.
Location
Remove
Add
§ 680.7(e)(1) ...................................
without a valid crab IFQ permit ......................
1
§ 680.20(g)(2)(ix) ............................
not required under this section, except as
permitted by paragraph (j) of this section.
§ 679.40(k)(5)(v) .............................................
without a legible copy of a valid crab IFQ
permit.
unless required under this section .................
§ 679.4(k)(5)(v) of this chapter. ......................
1
§ 680.40(c)(2)(vi)(A) .......................
[FR Doc. E8–21722 Filed 9–23–08; 8:45 am]
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1
]]>Agencies
[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Proposed Rules]
[Pages 55368-55420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21722]
[[Page 55367]]
-----------------------------------------------------------------------
Part III
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Parts 679 and 680
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and
Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic
Zone Off Alaska; Individual Fishing Quota Program; Western Alaska
Community Development Quota Program; Recordkeeping and Reporting;
Permits; Proposed Rule
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 /
Proposed Rules
[[Page 55368]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 679 and 680
[Docket No. 080302360-8575-03]
RIN 0648-AT91
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King
and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive
Economic Zone Off Alaska; Individual Fishing Quota Program; Western
Alaska Community Development Quota Program; Recordkeeping and
Reporting; Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Supplemental proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: This supplemental proposed rule provides specific information
and further explanation regarding a June 29, 2007 (72 FR 35748) NMFS
proposed rule that set out new recordkeeping and reporting
requirements; a new electronic groundfish catch reporting system,
Interagency Electronic Reporting System, and its data entry component,
eLandings; the integration of eLandings with existing logbook
requirements and future electronic logbooks; a variety of fisheries
permits provisions and revisions to regulations governing the Bering
Sea and Aleutian Islands Management Area Crab Rationalization Program,
including fee calculations; a revision to a Sitka Pinnacles Marine
Reserve closure provision; and a revision to a groundfish observer
provision regarding at-sea vessel-to-vessel transfers.
DATES: Comments must be received on or before on October 24, 2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN
0648-AT91'' by any of the following methods:
Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for
submitting comments.
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand Delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Fax: 907-586-7557.
Instructions: All comments received are a part of the public record
and generally will be posted to https://www.regulations.gov without
change. NMFS will accept anonymous comments. NMFS will accept
attachments to electronic comments if they are in Microsoft Word,
Excel, WordPerfect, or Adobe portable document file (pdf) file formats.
All comments submitted on the original proposed rule for RIN 0648-AT91,
published June 29, 2007 (72 FR 35748) will still be considered in the
rulemaking process and do not need to be resubmitted.
Copies of the Categorical Exclusion (CE), Regulatory Impact Review
(RIR), and Initial Regulatory Flexibility Analysis (IRFA) prepared for
the original proposed rule may be obtained from the NMFS Alaska Region,
P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, or by calling
the Alaska Region, NMFS, at 907-586-7228, or from the NMFS Alaska
Region Web site at https://www.alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.
SUPPLEMENTARY INFORMATION: NMFS published a proposed rule in the
Federal Register on June 29, 2007 (72 FR 35748). The original proposed
rule is available via the Internet (https://
www.alaskafisheries.noaa.gov) and from NMFS (see ADDRESSES). A detailed
description of the original proposed rule was provided in the preamble
to the original proposed rule and is not repeated here. This
supplemental proposed rule explains the reorganization of materials
within the current recordkeeping and reporting (R&R) regulatory text to
integrate electronic and non-electronic requirements.
Comments and Responses
NMFS received two e-mails containing nine comments on the original
proposed rule. Responses to all nine comments follow:
Comment 1: The commenter pointed out that no East or West component
is requested in regulations and logbooks when describing position
coordinates in latitude and longitude and that an East or West
component is necessary to describe both the beginning position and the
end position of gear.
Response: NMFS agrees. Regulations governing the information
requirements of logbooks in Sec. 679.5(c) are proposed in this
supplement to include an East or West component.
Comment 2: The commenter pointed out that in the logbooks, the
space allocated for the date and time of gear retrieval is only big
enough for either the date or the time, but not both, and requests that
the logbooks be redesigned to provide more space to record this
information.
Response: NMFS agrees. NMFS will adjust the format of the logbooks
at the next printing. No change to the regulatory text in the proposed
rule is needed to respond to this comment.
Comment 3: In the daily fishing logbook, it is not clear what NMFS
is requesting when asking for the target species code and the estimated
total round weight. The commenter suggests that it be made very clear
that only a single Target Species Code is to be used (and that it be
the species code of the desired target) and also that the Estimated
Total Round Catch Weight either refers to that single Target Species
Code or else refers to the entire catch, whichever is the intent of the
recordkeeping form.
Response: NMFS agrees. Regulations governing the information
requirements of logbooks in Sec. 679.5(c) are proposed in this
supplement to add the requirement to ``Enter only a single target
species code of the desired target.'' In addition, the data element
``estimated total round catch weight'' was changed to ``total hail
weight.'' This change was intended to make it clear that the estimated
quantity of the entire catch is to be recorded in that space.
Comment 4: On the daily cumulative production logbook (DCPL), the
operator frequently tries to put two or even three improved retention/
improved utilization (IR/IU) Species Codes in a single box and a like
number of IR/IU Species Weights in a single box. These are often
unreadable and of no value. The commenter suggests that it be made very
clear that only a single IR/IU Species Code is to be used (and that it
be the species code associated with the largest amount of catch) and
that the IR/IU Species Weight either refers to that single IR/IU or
else refers to the combined total IR/IU catch, whichever is the intent
of the recordkeeping form.
Response: NMFS requires all species to be recorded, not just the
largest catch, and would adjust the logbook requirements at Sec.
679.5(c) to be more clear on that point by adding the requirements
``Use one line to record information for each IR/IU species, including
species code and amount of catch. If more than one IR/IU species is to
be recorded, the operator must use a separate line for each species.''
Comment 5: Several vessel operators, when filling out the DCPL
Total Haul Weight, first subtract the IR/IU weight and fill the
remainder in the Total Haul Weight column (they first record the true
Total Haul Weight, cross it out and put in a lesser value that is
always the
[[Page 55369]]
remainder). Clearer instructions on how to fill out these fields are
necessary.
Response: The transition between older and new NMFS logbooks caused
this to happen. In current DCPLs, the information requested is the
total hail weight, which is the estimated total weight of the entire
catch. No change to the regulatory text in the proposed rule is needed
to respond to this comment.
Comment 6: Cut all quotas allowed by 50 percent this year and by 10
percent each subsequent year.
Response: This rule would implement revisions to electronic
recordkeeping and reporting and several miscellaneous adjustments to
the regulations at 50 CFR part 679. These revisions have no
relationship to the establishment of harvest specifications or the
assignment of quotas or allocations in the North Pacific groundfish
fisheries, so this comment is outside the scope of this rulemaking.
Comment 7: Establish marine sanctuaries where no ships can go to
fish and do it now [sic].
Response: The proposed rule did not address the establishment of
marine sanctuaries, so this comment is outside the scope of this
rulemaking.
Comment 8: Get satellite inspections of what these commercial
fishing profiteers are actually doing out there instead of what they
tell you they do [sic].
Response: In 1988, the NOAA Fisheries Office for Law Enforcement
(OLE) embarked on a satellite-based vessel monitoring program using
vessel monitoring systems (VMS) to locate high-seas drift-net fishing
vessels and monitor compliance with area restrictions in the North
Pacific Ocean. VMS allows the OLE to monitor and survey vessels over
vast expanses of open water while maintaining the confidentiality of
fishing positions. VMS allows the OLE to use 21st century technologies
to monitor compliance, track violators, and provide substantial
evidence for prosecution while maintaining the integrity of the
individual fisherman's effort. Visit OLE's Web site at https://
www.nmfs.noaa.gov/ole/ak_alaska.html for more information. Changes to
VMS requirements are outside the scope of the proposed rule, and no
changes were made in response to this comment.
Comment 9: The commenter incorporates The Los Angeles Times five-
part series on what is happening to our seas into the comment. The
commenter believes that commercial fishing is doing damage to the seas
and asks NMFS to take remedial action.
Response: This comment is outside the scope of the proposed rule,
and no changes were made in response to this comment.
Background and Need for Action
In addition to the changes from the original proposed rule in
response to comments described in the previous section, NMFS identified
the need for the changes described in this supplemental proposed rule
after the original proposed rule was published. The identified
additional changes are described below. These changes are necessary to
fully and effectively implement regulatory revisions described in the
original proposed rule.
Section 679.2 Definitions
The original proposed rule added and revised definitions at Sec.
679.2. The supplemental proposed rule would revise the definitions for
``active/inactive periods'' to show the correct cross-reference to
``active period'' for catcher vessels using trawl gear, catcher vessels
using longline or pot gear, catcher/processors using trawl gear,
catcher/processors using longline or pot gear, and motherships.
The original proposed rule revised the definition for ``haul'' by
removing a cross-reference and adding defining text; the supplemental
proposed rule would revise that definition by removing the words ``new
or repaired'' and refer only to ``a test of trawl gear.'' This would
ensure that the definition of ``haul'' would include any fishing for
purposes of testing gear rather than limiting the definition to testing
only new or repaired trawl gear.
The original proposed rule added a definition for ``Interagency
electronic reporting system (IERS)''; the supplemental proposed rule
would revise that definition by adding ``named eLandings'' after
``client software'' to specify the relationship between IERS and
eLandings.
The original proposed rule added a definition for ``non-individual
entity'' in an effort to standardize the terms used to describe an
entity other than an individual. The intention was to replace the term
``other entity'' with the new term ``other non-individual entity'' in
all places in part 679 where the term ``other entity'' does not refer
to an individual. Further, the intention was to add ``other non-
individual entity'' in paragraphs that referred to entities of a
similar nature, i.e., corporations, associations, and partnerships.
However, the original proposed rule did not include additional
necessary revisions to other relevant regulations. This supplemental
proposed rule would make the necessary additional revisions in
Sec. Sec. 679.2, 679.40, 679.41, and 679.42.
The original proposed rule added a definition for ``Permit.'' The
supplemental proposed rule would revise that definition by removing
``endorsement'' as a type of permit, which is incorrect, because an
endorsement is not a permit but rather a limitation of a permit. It
would also replace existing text with documentation granting permission
to fish, and including ``license'' as a type of permit.
The original proposed rule added a definition for ``User.'' The
supplemental proposed rule would revise that definition by adding ``an
individual representative of a'' at the beginning of the sentence,
prior to the list of entities, to specify that a User of eLandings is
an individual within an entity. In addition, the supplemental proposed
rule would remove ``an owner, operator, manager of a,'' as these terms
are not appropriate for this definition.
Section 679.4 Permits
Section 679.4 describes most of the permit requirements available
for the Exclusive Economic Zone (EEZ) off Alaska. Section 679.4(a)(1)
lists the permits that are available for the EEZ off Alaska, as well as
permit effectiveness information, and cross-references to additional
information for each permit. The original proposed rule revised entries
for Registered Buyer permit (Sec. 679.4(a)(1)(i)(A)), and added
Scallop License Limitation Program (LLP) permit (Sec.
679.4(a)(1)(vii)(C)). The supplemental proposed rule would revise
entries for groundfish permits (Sec. 679.4(a)(1)(iv)(A) and (B)), and
add entries for Crab Rationalization Program permits (Sec.
680.4(a)(1)(xiv)(A) through (H)). These changes are necessary to
correct omissions from the original proposed rule and to provide a
complete list of permits.
The original proposed rule revised Sec. 679.4(a)(3)(i) and
(a)(3)(iii) to provide general permit information. The supplemental
proposed rule would revise paragraph (a)(3)(iii) to be in the active
voice.
The original proposed rule added a new Sec. 679.4(a)(9) to include
the circumstances under which a participant could surrender permits.
The supplemental proposed rule would revise Sec. 679.4(a)(9) by
replacing paragraphs (a)(9)(i) through (iv) with text that describes
generally the procedure to surrender a permit. The supplemental
proposed rule would revise the following regulations to place specific
surrender-of-a-permit regulations in separate paragraphs and to place a
cross-reference to Sec. 679.4(a)(9): Sec. 679.4(b)(4)(ii) for
[[Page 55370]]
surrender of a Federal Fisheries Permit (FFP); Sec. 679.4(d)(1)(iii)
for surrender of an Individual Fishing Quota (IFQ) permit; Sec.
679.4(d)(2)(iv) for surrender of an IFQ hired master permit; Sec.
679.4(d)(3)(v) for surrender of a Registered Buyer permit; Sec.
679.4(e)(2) for surrender of a halibut Western Alaska Community
Development Quota (CDQ) permit; Sec. 679.4(e)(3) for surrender of a
CDQ hired master permit; Sec. 679.4(f)(4)(ii) for surrender of a
Federal Processor Permit (FPP); Sec. 679.4(k)(6)(x) for surrender of a
groundfish or crab LLP license; Sec. 679.4(l)(5)(ii) for surrender of
an American Fisheries Act (AFA) inshore processor permit; and
redesignated Sec. 679.4(l)(1)(ii)(C) to reformat and state that AFA
permits may not be surrendered, except for AFA inshore processor
permits. In addition, the supplemental proposed rule would redesignate
Sec. 679.4(g)(1) as (g)(1)(i) and add (g)(1)(ii) to describe surrender
of the Scallop LLP permit.
Section 679.5 Recordkeeping and Reporting (R&R)
Section 679.5 describes most of the recordkeeping and reporting
requirements for fisheries of the EEZ off Alaska. The original proposed
rule reorganized and expanded this section. This supplemental proposed
rule would improve the organization and presentation of the Sec. 679.5
regulations and correct technical errors that occurred in the original
proposed rule.
Section 679.5(a) General R&R Requirements. Section 679.5(a)
describes the R&R general requirements and items that relate to several
modes of R&R. In the original proposed rule, Sec. 679.5 was revised.
In the supplemental proposed rule, Sec. 679.5(a)(1) heading would be
revised by adding ``groundfish'' before the words ``logbooks'' and
``forms'' to denote that the logbooks and forms being discussed are for
the groundfish directed fisheries. Paragraph (a)(1)(i) would be revised
to add a telephone number and fax number where a participant may obtain
more information.
The supplemental proposed rule would add introductory text at Sec.
679.5(a) to summarize the different types of R&R requirements formerly
found in Table 9, and indicate that additional R&R requirements are
found at Sec. 679.28. The heading of paragraph (a)(1) would be revised
by adding ``groundfish'' to denote that the logbooks and forms
discussed are for use with the groundfish directed fisheries. Paragraph
(a)(1)(i) of Sec. 679.5 would be revised to add a telephone number and
fax number where a participant could obtain more information, and the
last sentence of paragraph (a)(1)(i) would be removed because it does
not contain regulatory text. Paragraph (a)(1)(ii) would be revised to
add ``written'' between ``Upon'' and ``notification'' to ensure that
the notification to NMFS is written. In Sec. 679.5(a)(1)(i),
(a)(2)(i), (a)(2)(ii), (a)(5)(i), (a)(5)(ii), (a)(5)(ii)(A),
(a)(5)(ii)(B), and (a)(6), reference to Table 9 to part 679 would be
replaced with cross-references to Sec. 679.5 and Sec. 679.28, as
appropriate.
The original proposed rule created Sec. 679.5(a)(1)(iii) to
describe ``management programs'' in detail. This data element is
required in the DFLs, DCPLs, and eLandings and, instead of repeating
the detailed description of management programs, a cross reference
would be added to the appropriate paragraphs referencing paragraph
(a)(1)(iii). The supplemental proposed rule would revise paragraph
(a)(1)(iii) by removing the last sentence ``If harvest is not under one
of these management programs, leave blank''. It is correct that in the
DFLs and DCPLs, the box would be left blank if not listed under one of
the management programs; however eLandings requires that this field be
completed and not left blank. Paragraphs (e)(5)(i)(A)(3) and
(e)(6)(i)(A)(3) would be revised to add a cross-reference to Sec.
679.5(a)(1)(iii), instead of taking the space to describe ``management
programs'' again.
Paragraph (a)(3) describes fish that must be recorded and reported.
Accurate and complete recording of fish ensures that catch accounting
for quotas is as accurate as possible to prevent overfishing or
underfishing. Several sources of fish information were inadvertently
omitted from the original proposed rule and are included in the
supplemental proposed rule. The supplemental proposed rule would
redesignate paragraphs (a)(3)(i) through (iii) as (a)(3)(ii) through
(a)(3)(iv), respectively, to add a new paragraph (a)(3)(i) entitled
``Harvest information.'' Harvest information is an essential data
element for management of the fisheries, especially for the catcher/
processors, and must be recorded. Proposed redesignated paragraph
(a)(3)(ii) would be revised to add ``receipt of fish from a buying
station'' as a method of receiving fish that must be recorded. Buying
station fish is recorded in actual practice, but inadvertently was
omitted from the original proposed rule. A shoreside processor,
stationary floating processor (SFP), or mothership must record fish
received from a buying station in order to account for all fish
received. Proposed redesignated paragraph (a)(3)(iii) would be revised
to add that the disposition of harvest, e.g., fish that were caught but
not delivered, such as fish eaten onboard or fish used as bait onboard
a vessel, must be recorded so that these amounts are counted against
the quotas.
Paragraph (a)(4) describes exemptions from R&R. The supplemental
proposed rule would revise paragraph (a)(4)(i) to add at the beginning
of the first sentence ``Except for the vessel activity report described
at Sec. 679.5(k).'' The requirement that all vessels provide a vessel
activity report under certain conditions is long-standing. The
requirement was inadvertently omitted from the original proposed rule,
and this proposed change would reestablish the requirement in the
regulations.
The supplemental proposed rule would add new paragraph (a)(7) to
provide the detailed information needed to record custom processing
information. Proposed paragraph (c)(5)(ix), located in the original
proposed rule in the shoreside processor DCPL section, would be
redesignated as paragraph (a)(7) and further revised. The supplemental
proposed rule would move the requirements from paragraph (c)(5) to
paragraph (a)(7) because this information is pertinent to shoreside
processors, SFPs, and motherships.
Section 679.5(c) Logbooks. The supplemental proposed rule would
replace ``50 CFR 300.60 through 300.65'' with ``Sec. Sec. 300.60
through 300.65'' to correct the format of this citation in paragraphs
(c)(1)(vi)(B), (c)(3)(v)(G)(2), and (c)(3)(v)(G)(3)(i) through (iii).
Paragraphs (c)(3)(vi)(H), (c)(4)(vi)(H)(1), (c)(6)(vi)(F), and
(d)(4)(ix)(E) would be revised by replacing ``total retained weight''
with ``total weight.'' This would correct the definition of hail
weight, which is an estimate of the entire catch before discard without
regard to species. Including the term ``retained'' incorrectly changes
the meaning of hail weight.
The supplemental proposed rule would revise appropriate paragraphs
in DFL and DCPL sections to add immediately before existing text ``The
operator's name must be printed in the DFL or DCPL.'' This text is
currently required in Sec. 679.5(a)(5)(i) but was overlooked in the
original proposed rule.
The supplemental proposed rule would revise appropriate paragraphs
in DFL and DCPL sections to replace ``operator signature'' with
``Operator sign the completed logsheets.'' This would provide the
signature requirement within the time limit and make the wording
consistent with other
[[Page 55371]]
descriptions elsewhere in the regulations.
The original proposed rule would reorganize and revise logbook
requirements, add sections to describe requirements for each logbook,
and place logbook requirements in Sec. 679.5(c) under the heading
``Logbooks vs. eLandings and ELBs.'' The supplemental proposed rule
would revise the heading to read ``Logbooks.''
Section 679.5(c)(1) General requirements. The original proposed
rule would create paragraph (c)(1) to describe general requirements for
recording information in the DFL or DCPL. The original proposed rule
compared the methods of recording/reporting using logbooks with
eLandings and electronic logbooks (ELBs) under paragraph (c)(1)
``General requirements'' as follows: (i) Shoreside processor or SFP,
(ii) Mothership, (iii) Catcher/processor, (iv) Catcher vessel, (v)
Registered Buyer, and (vi) Registered Crab Receiver. The supplemental
proposed rule would remove paragraphs (c)(1)(i) through (vi) and
integrate that information into the sections devoted to each procedure.
The purpose of this integration would be to provide an explanation of
how the different elements of the R&R procedure would work together.
Paragraphs (c)(1)(vii) through (xii) would be redesignated as
(c)(1)(i) through (vi), respectively. Proposed redesignated paragraph
(c)(1)(v)(A) would be revised to correct the cross-reference and to
replace ``the operator, manager, or any other person may not alter or
change'' with ``no person may alter or change'' to ensure that no
unauthorized person could make changes. Proposed redesignated paragraph
(c)(1)(v)(B) would be revised to replace ``may be corrected'' with
``must be corrected'' to make clear this text is a requirement. In all
the logbook data entry limit tables, the supplemental proposed rule
would change the deadline for the operator to provide the completed
golden DFL or DCPL logsheet to the observer before the observer leaves
the vessel.
Proposed redesignated paragraph (c)(1)(vi)(B) would be revised to
remove ``or manager'' because the requirement for a shoreside processor
DCPL would be removed due to eLandings; therefore the term ``manager''
would no longer apply to this requirement. The table in paragraph
(c)(1)(vi)(B) would be revised to remove the sub-column for ``SS/SFP''
and to remove ``SS/SFP = shoreside processor and SFP'' in the table
note. This table would be further revised by correcting the citation
format for Sec. Sec. 300.60 through 300.65 in the last row of the
``Submit to'' column.
Section 679.5(c)(2) Recording active and inactive time periods in
the DFL or DCPL. The original proposed rule created new paragraph
(c)(2) to describe requirements for recording active and inactive time
periods in the DFL or DCPL.
The supplemental proposed rule would revise paragraphs (c)(2)(i),
(c)(2)(ii), and (c)(2)(iii) to remove each instance of ``or manager''
because it also would remove the requirement for a shoreside processor
DCPL and terms associated with that requirement. Paragraph
(c)(2)(iii)(B) would be removed because it refers to Part I of the
shoreside processor DCPL, and paragraphs (c)(2)(iii)(C) through (G)
would be redesignated as (c)(2)(iii)(B) through (F), respectively.
Section 679.5(c)(3) Longline or pot gear catcher vessel DFL and
catcher/processor DCPL. The original proposed rule created new
paragraph (c)(3) to describe requirements for the longline and pot gear
catcher vessel DFL and catcher/processor DCPL. The supplemental
proposed rule would redesignate paragraph (c)(3)(i) introductory text
as (c)(3)(i)(A) and (B) to describe separately the requirements for a
catcher vessel and a catcher/processor.
The supplemental proposed rule would revise paragraphs
(c)(3)(i)(A)(1), (c)(3)(i)(A)(2), (c)(3)(i)(B)(1), and (c)(3)(i)(B)(2)
to describe the requirement for completing the catcher vessel longline
or pot ELB, described at Sec. 679.5(f). The statement, ``must use a
combination of catcher/processor longline or pot gear DCPL and
eLandings'' would replace ``must maintain a longline and pot gear
DCPL'' in paragraph (c)(3)(i)(A)(2) as part of the integration language
for the DCPL and ELB.
The original proposed rule created new paragraph (c)(3)(ii),
entitled, ``Data entry time limits.'' The supplemental proposed rule
would redesignate (c)(3)(ii) introductory text as (c)(3)(ii)(A) and (B)
and revise these paragraphs to each have a separate table describing
the data entry time limits for a catcher vessel and for a catcher/
processor. The catcher/processor table under paragraph (c)(3)(ii)(B)
would incorporate the use of eLandings.
The supplemental proposed rule would revise paragraph
(c)(3)(iv)(A)(2) to identify the paragraph numbers of the information
to be recorded in the catcher vessel DFL if the catcher vessel is
active. It would revise paragraph (c)(3)(iv)(B)(2) to describe
separately the information that must be recorded in the catcher/
processor DCPL from that recorded in eLandings.
To reconcile with recent rule-making (see 73 FR 30876, May 29,
2008), in paragraph (c)(3)(iv)(B)(1), the supplemental proposed rule
would revise the definition for active status of a longline or pot gear
catcher/processor by removing ``checked-in'' as a reason for being
active and by adding ``when all or part of the longline or pot gear is
in the water or when processing.''
Paragraph (c)(3)(v)(B) would be revised to add a first sentence
indicating that the operator's name must be printed in the DFL or DCPL
as currently required in Sec. 679.5(a)(5)(i) and to revise the time
limit for operator signature consistent with revised paragraphs
(c)(3)(ii)(A)(6) and (c)(3)(ii)(B)(6) in the supplemental proposed
rule. Paragraph (c)(3)(v)(D) would be revised to replace ``of each IFQ
holder aboard the vessel'' with ``each permit number of any IFQ permit
on which anyone aboard is authorized to fish'' to state more clearly
that all permit numbers under which persons aboard a vessel may fish
must be recorded.
The original proposed rule created new paragraph (c)(3)(vi) to
describe catch-by-set information in detail for harvest by longline or
pot gear. The supplemental proposed rule would make a distinction
between deployment of gear and the start position of the gear by
revising paragraph headings for (c)(3)(vi)(B)(1), (2), and (3) because
the gear is not catching fish until it is in position to fish and to
replace ``deployment'' with ``begin position,'' and between retrieval
of gear and the last position of the gear by revising paragraph
headings for (c)(3)(vi)(C)(1), (2), and (3) because the gear is not
catching fish when it is being hauled onboard.
The original proposed rule created new paragraph (c)(3)(vii) to
describe requirements for recording longline or pot catcher/processor
product information in the DCPL. The supplemental proposed rule would
remove existing text and add a requirement for the operator of a
catcher/processor using longline or pot gear to record all product
information in eLandings.
The original proposed rule created new paragraph (c)(3)(ix) to
describe requirements for recording longline or pot catcher/processor
discard and disposition information in the DCPL. The supplemental
proposed rule would remove existing text and add a requirement for the
operator of a catcher/processor using longline or pot gear to record
all discard and disposition information in eLandings.
[[Page 55372]]
Section 679.5(c)(4) Trawl gear catcher vessel DFL and catcher/
processor DCPL. The original proposed rule created new paragraph (c)(4)
to describe requirements for the trawl gear catcher vessel DFL and
catcher/processor DCPL.
The supplemental proposed rule would redesignate paragraph
(c)(4)(ii)(A) as (c)(4)(ii)(B)(1) and revise it by adding ``or if
required to use a NMFS-approved scale, the scale weight for each
haul.'' This change would provide requirements on how to record
information when required to use scales (e.g., Rockfish Pilot Program,
Amendment 80 Program, GRS Program).
The supplemental proposed rule would redesignate paragraph
(c)(4)(vi)(H) as (c)(4)(vi)(H)(1) and would revise it. Paragraph
(c)(4)(vi)(H)(2) would be added to describe use of a NMFS-approved
scale on a catcher/processor. This would provide requirements on how to
record information when required to use scales (e.g., Rockfish Pilot
Program, Amendment 80 Program, GRS Program).
The supplemental proposed rule would redesignate paragraph
(c)(4)(i) introductory text as (c)(4)(i)(A) and (B) to describe
separately the requirements for a catcher vessel and a catcher/
processor and to refer to the option of completing the catcher vessel
trawl ELB or catcher/processor trawl ELB, described at Sec. 679.5(f).
The statement, ``must use a combination of catcher/processor trawl gear
DCPL and eLandings'' would replace ``must maintain a trawl gear DCPL''
in paragraph (c)(4)(i)(A)(2) as part of the integration language for
the DCPL and ELB.
The original proposed rule created new paragraph (c)(4)(ii),
entitled, ``Data entry time limits.'' The supplemental proposed rule
would redesignate (c)(4)(ii) introductory text as (c)(4)(ii)(A) and (B)
and revise these paragraphs to each have a separate table to describe
the data entry timing limits for a catcher vessel and for a catcher/
processor. The table for the catcher/processor under paragraph
(c)(4)(ii)(B) would incorporate the use of eLandings.
The original proposed rule created new paragraph (c)(4)(iv) to
describe R&R requirements when active. The supplemental proposed rule
would revise paragraph (c)(4)(iv)(B)(1) by revising the definition of
``active'' status of a trawl catcher/processor to remove ``checked-in''
as a reason for being active and by adding ``when all or part of the
trawl net is in the water or when processing''. The supplemental
proposed rule would revise paragraph (c)(4)(iv)(B)(2) to identify the
paragraph numbers of the information to be recorded in the DCPL and in
eLandings. Paragraph (c)(4)(v) would provide identification information
that is recorded in both the DCPL and eLandings.
The original proposed rule created new paragraph (c)(4)(vii) to
describe requirements for recording trawl catcher/processor product
information in the DCPL. The supplemental proposed rule would remove
existing text and add a requirement for the operator of a catcher/
processor using trawl gear to record all product information in
eLandings.
The original proposed rule created new paragraph (c)(4)(ix) to
describe requirements for recording trawl catcher/processor discard and
disposition information in the DCPL. The supplemental proposed rule
would remove existing text and add a requirement for the operator of a
catcher/processor using trawl gear to record all discard and
disposition information in eLandings.
Section 679.5(c)(5) Shoreside processor DCPL. The original proposed
rule created new paragraph (c)(5) to describe R&R requirements for the
shoreside processor DCPL. Because eLandings would replace the shoreside
processor DCPL, the supplemental proposed rule would remove that
section, and replace it with a cross-reference to eLandings at Sec.
679.5(e) and paragraphs (c)(5)(i) and (ii). Paragraph (c)(5)(i) would
describe required R&R information if ``inactive.'' In paragraph
(c)(5)(ii), the definition for ``active'' status of a shoreside
processor or SFP would be revised to remove ``checked-in'' as a reason
for being active.
Section 679.5(c)(6) Mothership DCPL. The original proposed rule
created new paragraph (c)(6) to describe R&R requirements for the
mothership DCPL. The supplemental proposed rule would revise (c)(6)(i)
by adding a reference to the option of completing the mothership ELB,
to Sec. 679.5(f). The statement, ``is required to use a combination of
mothership DCPL and eLandings to record and report daily processor
identification information, delivery information, groundfish production
data, and groundfish and prohibited species discard or disposition
data'' would replace ``must maintain a mothership DCPL'' in paragraph
(c)(6)(i).
The supplemental proposed rule would revise paragraph (c)(6)(ii)
which describes data entry time limits by replacing ``must record in
the DCPL'' with ``must record in the DCPL or eLandings.'' It would
revise the table at paragraph (c)(6)(ii) by adding two columns to show
where to record data: one for DCPL and one for eLandings. X's in these
columns indicate where the data are to be recorded.
Paragraph (c)(6)(iv) describes required information if the
mothership is active. The supplemental proposed would revise this
paragraph to state that certain information must be recorded in the
DCPL and other information in eLandings and to identify that
information by paragraph number. In addition, the definition of
``active'' status of a mothership would be revised to remove ``checked-
in'' as a reason for being active.
The supplemental proposed rule would add new paragraph (c)(6)(v),
entitled ``Identification information'' and add new paragraph (c)(6)(v)
introductory text. It would redesignate paragraphs (c)(6)(iv)(A)
through (J) as (c)(6)(v)(A) through (J), respectively. The heading of
proposed redesignated paragraph (c)(6)(iv)(C) would be revised to read
``Vessel information.'' It would redesignate paragraphs (c)(6)(v)
through (c)(6)(vii) as (c)(6)(vi) and (c)(6)(viii), respectively.
The supplemental proposed rule would revise proposed redesignated
paragraph (c)(6)(vii), which describes groundfish product information,
by removing existing text and adding a requirement for the operator of
a mothership to record all product information in eLandings. It would
revise proposed redesignated paragraph (c)(6)(viii), which describes
discard and disposition information, by removing existing text and
adding a requirement for the operator of a mothership to record all
discard and disposition information in eLandings.
Section 679.5(d) Buying Station Report (BSR). In the original
proposed rule, paragraph (d), which describes buying station
requirements, was revised. To improve readability of the text, the
supplemental proposed rule would add headings to paragraph (d)(1)(i) to
read ``Separate BSR;'' paragraph (d)(1)(ii) to read ``BSR
Attachments;'' and paragraph (d)(1)(iii) to read ``Catcher vessel as
buying station.''
The supplemental proposed rule would revise paragraph (d)(1)(i) by
adding immediately before the first sentence, ``In addition to the
information required at paragraphs (a)(5) and (a)(6) of this section.''
This change is necessary because paragraphs (a)(5) and (a)(6) describe
inspection, retention, and maintenance of records, which apply also to
buying station operators and managers. Inadvertently omitted from the
original proposed rule, it would reestablish the requirement in the
regulations.
[[Page 55373]]
The supplemental proposed rule would revise paragraph (d)(4)(iii)
to correct the cross-reference by replacing ``paragraph (a)(2)'' with
``paragraphs (d)(1) and (d)(2)'' which describe ``who needs to sign.''
It would revise paragraphs (d)(4)(v), (vi), and (vii) by adding
headings to read ``Gear type,'' ``Federal reporting area,'' and ``Crab
protection areas,'' respectively, to make the subheadings of paragraph
(d) uniform. It would revise the heading for paragraph (d)(4)(x)(C) to
read ``Discard or disposition weight'' and the heading for paragraph
(d)(4)(x)(D) to read ``PSC discard or disposition numbers.''
Section 679.5(e) Interagency Electronic Reporting System (IERS) and
eLandings. Section 679.5(e) describes R&R requirements using eLandings.
The original proposed rule removed the existing electronic R&R system,
Shoreside Processor Electronic Reporting System (SPELR), at Sec.
679.5(e) and replaced it with the Interagency Electronic Reporting
System (IERS) and its data entry component, eLandings, which is
available through the Internet. It indicated that there were available
from the Alaska Region, three methods of R&R: DFL and DCPL, eLandings,
and ELBs, and presented each of these methods in a separate section.
The supplemental proposed rule would further reorganize certain
sections of Sec. 679.5(e), with changes to headings of paragraphs
(e)(5) through (e)(10), would incorporate information moved from Sec.
679.5(c) to better integrate the available R&R methods, and would
correct miscellaneous technical errors.
The supplemental proposed rule would correct, throughout the
eLandings regulations (Sec. 679.5(e)), the format of the year from
(mm/dd/yy) to read uniformly in 4 digits (mm/dd/yyyy). Note that the
logbook regulations date format is mm/dd/yy.
The supplemental proposed rule would correct a grammatical error
that occurred in the original proposed rule. The text ``user of'' would
be replaced with ``user for.'' This change would be made in the
following paragraphs: (e)(5)(i), (e)(5)(i)(B), (e)(5)(ii), (e)(5)(iii),
(e)(6)(i) through (e)(6)(iii), (e)(7)(i), (e)(7)(ii), (e)(7)(iii)(B),
(e)(8)(iii) through (e)(8)(vi), (e)(9)(i), (e)(9)(ii), (e)(10)(iii),
and (e)(10)(iv).
In the original proposed rule, NMFS created new paragraph (e)(1) to
describe the responsibilities of the participants to obtain the
necessary equipment and software to work with eLandings, and the
responsibility to use eLandings for entry of groundfish information.
In the proposed rule, paragraph (e)(1)(i) described the
responsibility for ``Hardware, software, and Internet connectivity.''
The supplemental proposed rule would remove an incorrect cross-
reference to paragraph (e)(2) and revise this introductory text to
paragraph (e)(1)(i) by removing ``Unless NMFS approves an alternative
reporting method, for recordkeeping and reporting data for those
fisheries listed in paragraph (e)(2) of this section,'' because only
eLandings is approved for this purpose. In addition, ``landings data''
would be added to the list of fisheries information needed by NMFS, as
this item was inadvertently overlooked.
The supplemental proposed rule would divide paragraph (e)(1)(ii),
describing R&R procedure in the event of computer or network failure
and unavailability of eLandings, into two paragraphs, one for
groundfish and one for IFQ crab, halibut, and sablefish. It would
redesignate paragraph (e)(1)(ii)(A) as paragraph (e)(1)(ii), and the
heading would be revised to read: ``Computer or network failure:
Groundfish.'' In addition, text would be removed that refers to use of
an interim paper form in case of computer or network failure and
replaced with text describing use of the DCPL to record groundfish
information, because the DCPL is onboard, familiar to use, and
convenient.
The supplemental proposed rule would redesignate paragraph
(e)(1)(ii)(B) as (e)(1)(iii) with a heading to read ``Computer or
network failure: IFQ manual landing report for IFQ crab, IFQ halibut,
CDQ halibut, and IFQ sablefish.'' This paragraph describes the
requirement to use a manual IFQ landing report if computer or network
failure occurs when entering CDQ halibut or IFQ information. The first
and second sentences of proposed redesignated (e)(1)(iii) would be
redesignated as (e)(1)(iii) introductory text and revised by adding
``CDQ halibut'' to the list of information. In addition, this paragraph
would be revised by removing ``and submit it by fax to 907-586-7313''
because manual landing instructions must be requested by telephone.
The supplemental proposed rule would redesignate the last two
sentences of paragraph (e)(1)(iii)(B) as (e)(1)(iii)(A). It would
redesignate the first sentence of paragraph (e)(1)(ii) as
(e)(1)(iii)(B) to provide instructions to submit the IFQ manual landing
report by fax. It would add paragraph (e)(1)(iii)(C) to provide
instructions to print and retain the IFQ manual landing report per
paragraphs (a)(5) and (a)(6).
The original proposed rule described ``eLandings processor
registration'' in paragraph (e)(2). The supplemental proposed rule
would remove paragraph (e)(2)(ii), because this text is mostly
descriptive and not a requirement. It would redesignate paragraph
(e)(2)(iv) as new (e)(2)(ii).
The original proposed rule described ``Information required for
eLandings processor registration form'' in paragraph (e)(3). The
supplemental proposed would revise paragraph (e)(3)(iii) by removing
``and home port of shoreside processor, SFP, mothership, or catcher/
processor.'' It would add paragraph (e)(3)(iv) introductory text to
require that all federal permits be listed, so that the submitter would
understand that more than one permit is acceptable, but that all
permits must be listed. It would revise paragraphs (e)(3)(iv)(A) and
(B) headings and text by adding ``groundfish'' prior to the type of
processor to improve the accuracy of the question.
Paragraph (e)(3)(iv)(E) describes eLandings information required
from a buying station. The supplemental proposed rule would remove this
paragraph, because a buying station does not complete this registration
form. It would redesignate paragraphs (e)(3)(v) and (vi) as
(e)(3)(viii) and (ix), respectively, because two paragraphs would be
added. The information, ``port code,'' removed from paragraph
(e)(3)(iii) would be redesignated as paragraph (e)(3)(v). Paragraph
(e)(3)(vi) would be added to request the ``ADF&G vessel identification
number of the vessel'' from a mothership, catcher/processor, or tender
operation to ensure specific identification.
The supplemental proposed rule would redesignate paragraph
(e)(3)(iv)(E) as (e)(3)(vii) and revise the paragraph to request the
state where the license was issued for vehicle buying stations, to
ensure specific identification. Proposed redesignated (e)(3)(viii)
would be revised to insert ``where the processing would take place'' to
further clarify this information. Proposed redesignated paragraph
(e)(3)(ix) would be revised to emphasize the requirement for a primary
user for eLandings and to expand the description of some of the data
elements required at registration.
The original proposed rule described ``Information entered
automatically for eLandings landing report'' in paragraph (e)(4). The
supplemental proposed rule would revise paragraph (e)(4) to inform the
participant that he or she must review the autofilled data entry cells
to ensure that they are accurate for the landing that is taking place.
At paragraph (e)(5), the original proposed rule described the
information
[[Page 55374]]
to be entered into eLandings by a shoreside processor and SFP. The
supplemental proposed rule would revise the heading for (e)(5) to read
``Shoreside processor or SFP landings report'' as part of the
restructuring of the regulations. It would redesignate paragraph
(c)(1)(i)(B) as (e)(5) introductory text and revise it to describe who
must use eLandings to enter groundfish landings information. The
supplemental proposed rule would revise the heading for paragraph
(e)(5)(i) to read ``Information entered for each groundfish delivery to
a shoreside processor and SFP.'' It would revise paragraph (e)(5)(i)
introductory text to add that data must also be entered into eLandings
for receipt of groundfish delivery from processors for reprocessing or
rehandling product.
The supplemental proposed rule would revise paragraph
(e)(5)(i)(A)(2) by replacing ``crew size (including operator)'' with
``Crew size.'' Enter the number of licensed crew aboard the vessel,
including operator, to specify who to include in the count. It would
revise paragraph (e)(5)(i)(A)(7) to identify a buying station, whether
a tender or land-based entity. Paragraph (e)(5)(i)(A)(9) describes
recording whether the blue logsheet was received from the catcher
vessel at the time of catch delivery. The supplemental proposed rule
would revise this paragraph to add the table of codes that describe
nonsubmittal of a blue discard logsheet by the catcher vessel. It would
revise the heading for paragraph (e)(5)(i)(B) to read ``Landings
information'' and revise paragraph (e)(5)(i)(B)(2) which describes
landings weight, to include information on actual scale weights,
currently in Sec. 679.5(a)(7)(iv)(D)(1), and provide options for
sorting. This revision was overlooked in the original proposed rule.
Paragraph (e)(5)(ii) describes required signatures on the landing
report (ADF&G fish ticket). The supplemental proposed rule would remove
this paragraph because signatures are not required by Federal
regulations even though they are required by State regulations. It
would redesignate paragraph (e)(5)(iii) as (e)(5)(ii) and revise the
text by replacing ``(e)(5)(ii)'' with ``(e)(5)(i)'' because paragraph
content changed. The supplemental proposed rule would add paragraph
(e)(5)(iii) with heading to read ``Compliance'' to state that by using
eLandings, the User accepts the responsibility of and acknowledges
compliance with eLandings requirements for complete and accurate R&R.
The original proposed rule described eLandings information entered
for each groundfish delivery to a mothership at paragraph (e)(6). The
supplemental proposed rule would revise the heading for paragraph
(e)(6) to read ``Mothership landings report'' to better describe the
contents of the paragraph. It would redesignate paragraph (c)(1)(ii)(C)
as (e)(6) introductory text and revise it to state that the operator is
required to use eLandings to submit a daily landings report.
In the original proposed rule, the use of eLandings by motherships
was provided in two stages: through December 31, 2007, to voluntarily
submit weekly landings reports, and starting January 1, 2008, required
to submit daily landings reports. Since implementation of the IERS
final rule will be later than anticipated, the supplemental proposed
rule would place the requirement for daily landing reports directly
into regulation rather than in two steps. It would revise the heading
for paragraph (e)(6)(i) to read ``Information entered for each
groundfish delivery to a mothership'' and revise paragraph (e)(6)(i) to
add that data must also be entered into eLandings for receipt of
groundfish delivery from processors for reprocessing or rehandling
product. Paragraph (e)(6)(ii) describes required signatures on the
landing report (ADF&G fish ticket). The supplemental proposed rule
would remove this paragraph because signatures are not required by
Federal regulations even though they are required by State regulations.
It would add paragraph (e)(6)(iii) with heading to read ``Compliance''
to state that by using eLandings, the User accepts the responsibility
of and acknowledge compliance with eLandings requirements for complete
and accurate R&R.
The original proposed rule described information entered for each
IFQ halibut, CDQ halibut, and IFQ sablefish delivery at paragraph
(e)(7). As part of the text restructure, the supplemental proposed rule
would revise the heading for paragraph (e)(7) to read ``Registered
Buyer landings report.'' It would redesignate paragraph (c)(1)(v) as
(e)(7) introductory text and revise the heading for paragraph (e)(7)(i)
to read ``Information entered for each IFQ halibut, CDQ halibut, and
IFQ sablefish delivery.'' The supplemental proposed rule would revise
paragraph (e)(7)(i)(E)(8) by adding a note that NMFS makes the 2
percent slime deduction, not the submitter. This change would
reestablish the requirement in the regulations that NMFS does this
calculation and the submitter is not required nor permitted to do so.
The supplemental proposed rule would revise the heading for paragraph
(e)(7)(ii) to read ``Signatures for IFQ halibut, CDQ halibut, or IFQ
sablefish deliveries'' and revise paragraph (e)(7)(ii) to state that
the participant must review the autofilled cells for accuracy of
landing data and that the landing report is dated, and must acknowledge
the responsibility indicated by signature. It would add paragraphs
(e)(7)(ii)(A) through (C) to require the User to print the completed
groundfish landing report and the groundfish IFQ landing receipt; to
ensure signatures are complete within six hours after all IFQ halibut,
CDQ halibut, and IFQ sablefish are offloaded from a harvesting vessel
and prior to shipment or transfer of the fish from the landing site;
and to provide printed name and sign the groundfish IFQ landing receipt
within six hours after all IFQ halibut, CDQ halibut, and IFQ sablefish
are offloaded from a harvesting vessel and prior to shipment or
transfer of the fish from the landing site. Paragraph (e)(7)(iv) would
be added to add a cross-reference for Sec. 679.5(e)(1)(iii) where a
manual landing report is described.
The original proposed rule described information entered for each
IFQ crab delivery at paragraph (e)(8). The supplemental proposed rule
would revise the heading for paragraph (e)(8) to read ``Registered Crab
Receiver (RCR)-IFQ crab landings report.'' It would redesignate
paragraph (e)(8)(i) as (e)(8)(iii) and revise the heading to read
``Information entered for each IFQ crab delivery.'' It would
redesignate paragraphs (c)(1)(vi)(A) and (c)(1)(vi)(B) as (e)(8)(i) and
(e)(8)(ii), respectively. Proposed redesignated paragraph
(e)(8)(iii)(C)(5) would be revised by adding at the end of the sentence
``(All ADF&G statistical areas are translated to the NMFS reporting
area and the International Pacific Halibut Commission (IPHC) reporting
area by eLandings.)'' to explain why the reporting area does not
appear. Paragraph (e)(9) would be redesignated as (e)(8)(iv) with
heading to read ``Information entered for IFQ crab custom processing
landings'' to describe additional information required if the User for
the RCR is custom processing IFQ crab, the ``ADF&G processor code of
the person for which the IFQ crab was custom processed.''
The supplemental proposed rule would redesignate paragraph
(e)(8)(ii) as (e)(8)(v) and revise with a heading to read ``Signatures
for IFQ crab deliveries.'' It would further revise the
[[Page 55375]]
paragraph to include the date signed and the responsibility indicated
by signature that currently is in Sec. 679.5(l)(2)(iii)(M). In
addition, the supplemental proposed rule would add requirements to
print the completed crab landing report and to retain the landing
report per paragraph (a)(5) of this section. It would redesignate
paragraph (e)(8)(iii) as (e)(8)(vi). Paragraph (e)(8)(vii) would be
added with a heading to read ``IFQ manual landing report for crab''and
a cross-reference to paragraph (e)(1)(iii) where a manual landing
report is described.
The original proposed rule described shoreside processor or SFP
information entered for an eLandings production report in paragraph
(e)(10). As part of the regulatory text restructure, the supplemental
proposed rule would redesignate paragraph (e)(10) as (e)(9). It would
redesignate paragraph (c)(1)(i)(B) as (e)(9) introductory text and
revise paragraph (e)(9) introductory text to require that eLandings be
used to create a daily production report and add as the last sentence a
cross-reference to Sec. 679.5(a)(5) and (a)(6) which describe record
inspection, retention, and maintenance. Proposed redesignated paragraph
(e)(9)(i) would be revised to inform the participant that he or she
must review the autofilled cells to ensure that they are accurate. The
supplemental proposed rule would remove paragraph (e)(9)(i)(B) because
``manager name and signature'' does not appear on the eLandings
production report. It would add new paragraph (e)(9)(i)(B) to request
the number of observers onsite. This information is required under
current regulations at Sec. 679.5, but was inadvertently not included
in the original proposed rule.
The supplemental proposed rule would revise paragraph (e)(10)(i)(C)
by replacing ``No production. Indicate if no production occurred'' with
``No production/no deliveries (inactive).'' This revision would show
that the processor is ``inactive'' to coincide with former descriptions
of inactive data from shoreside processors or SFPs. The supplemental
proposed rule would redesignate paragraphs (e)(10)(i)(D)(1) through (3)
as (e)(9)(i)(C) through (E) and would add ``Area of harvest'' to
(e)(9)(i)(C); add ``Product description'' to (e)(9)(i)(D); and replace
existing text at (e)(9)(i)(E) with ``Product weight. Enter actual scale
weight of product to the nearest pound.'' Proposed redesignated
(e)(9)(ii) would be revised to add to the first sentence ``When
checked-in pursuant to paragraph (h)(2) of this section'' and to add as
the last sentence ``If a shoreside processor or SFP using eLandings is
not taking deliveries over a weekend, the User or manager may transmit
the eLandings production report to NMFS on Monday.''
Paragraph (e)(11) in the original proposed rule described catcher/
processor or mothership information entered for an eLandings production
report. The supplemental proposed rule would redesignate this paragraph
as (e)(10) and would divide it into two separate paragraphs, one for
catcher/processors and one for motherships. It would redesignate
paragraph (c)(1)(ii)(B) as (e)(10)(i), revise its heading to read
``Catcher/processor,'' and revise it to require an operator of a
catcher/processor to use eLandings to create a production report. The
supplemental proposed rule would redesignate paragraph (c)(1)(iii)(B)
as (e)(10)(ii), revise its heading to read ``Mothership,'' and revised
the paragraph to require an operator of a mothership to use eLandings
to create a production report. It would redesignate paragraph
(e)(11)(i) as (e)(10)(iii) introductory text and revise it to inform
the participant that he or she must review the autofilled cells to
ensure that they are accurate. The supplemental proposed rule would add
paragraph (e)(10)(iii)(B) with a heading to read ``Designation. From
Table 14c to this part, enter whether processor is a catcher/processor
= FCP or a mothership = FLD.'' This information is necessary for
eLandings data management but was overlooked in the original proposed
rule. The supplemental proposed rule would redesignate paragraph
(e)(11)(i)(B) as (e)(10)(iii)(C) and remove paragraph (e)(11)(i)(C)
because ``operator name and signature'' do not appear on the production
report. It would add paragraph (e)(10)(iii)(D) to read ``Management
program. Enter management program and identifying number, if any (see
paragraph (a)(1)(iii) of this section).''
The supplemental proposed rule would redesignate paragraph
(e)(11)(i)(G) as (e)(10)(iii)(E). It would redesignate paragraph
(e)(11)(i)(E) as (e)(10)(iii)(F) and revise it to read ``Federal
Reporting Area of harvest.'' It would add paragraph (e)(10)(iii)(G) to
read ``COBLZ or RKCSA. Indicate whether fishing occurred in COBLZ or
RKCSA (if applicable).'' This was overlooked in the original proposed
rule. The supplemental proposed rule would redesignate paragraph
(e)(11)(i)(F)(1) and (2) as paragraphs (e)(10)(iii)(H) and (I) and
revise it to read ``(H) Product description. Species code, product
type, and product code of product; and (I) Product weight. Enter
product weight in metric tons to the nearest 0.001 mt.'' It would
redesignate paragraph (e)(11)(i)(D) as (e)(10)(iii)(J) and revise it to
read ``No production (inactive). If there was no production for the
day, mark the ``No Production'' box.'' This was overlooked in the
original proposed rule. Paragraph (e)(11)(i)(H) would be removed
because ``ADF&G fish ticket number'' does not appear on the production
report. This was an error in the original proposed rule. Paragraphs
(e)(10)(iii)(K) through (M) would be added to describe discard, discard
weight, and PSC numbers. This was overlooked in the original proposed
rule.
The supplemental proposed rule would add paragraph (e)(10)(iii)(N)
to request ADF&G statistical area to be effective January 1, 2009. The
eLandings software will not be developed to receive this information
until 2009. This item is needed to aid in identifying fishing
information. Paragraph (e)(11)(ii) would be redesignated as (e)(10)(iv)
and revised to add prior to the first sentence ``When checked-in
pursuant to paragraph (h)(2) of this section,'' and remove the
effective date because the publication of the final rule is later than
anticipated. A sentence would be added to remove a restriction from
daily submittals of the production reports on weekends.
The original proposed rule described eLandings printed reports in
paragraph (e)(12). The supplemental proposed rule would redesignate
paragraph (e)(12) as (e)(11) and change the heading to read ``Printing
of landing reports, landing receipts, and production reports.'' It
would remove paragraph (e)(12). Paragraph (e)(11)(i) would be added to
describe the requirements to retain a printed paper copy onsite or
onboard of each landing report; each production report; if IFQ halibut,
IFQ sablefish, or CDQ halibut, each groundfish IFQ landing receipt; and
if IFQ crab, each crab IFQ landing receipt. Paragraph (e)(11)(ii) would
be added to describe the mothership requirement to print an additional
copy of each landing report for the catcher vessel operator. This was
omitted from the original proposed rule and this would reestablish the
requirement in the regulations. The supplemental proposed rule would
add new paragraph (e)(12) with a heading to read ``Retention and
inspection of landing reports, landing receipts, and production
reports'' and add a cross-reference to paragraphs (a)(5) and (a)(6) of
this section for R&R retention and inspection requirements.
Section 679.5(f) Electronic Logbooks (ELBs). The electronic
logbooks (ELBs) are alternatives to the daily fishing logbook (DFL)
used by catcher vessels and the daily cumulative fishing
[[Page 55376]]
logbook (DCPL) used by catcher/processors and motherships. The original
proposed rule described use of an ELB in place of a DFL or DCPL but did
not mention the necessary interaction with eLandings. The supplemental
proposed rule would reorganize the text to arrange the regulations as
they would be needed by the end-user and would describe the optional
use of a combination of ELB and eLandings to record and report
groundfish information. For catcher vessels, the ELB would be used to
record and report all groundfish information. For catcher/processors
and motherships, part of the information would be recorded in the ELB,
and part of the information would be recorded in eLandings.
The supplemental proposed rule would revise paragraph (f)
introductory text to state that, when pre-approved by NMFS, the
operator may use a combination of a NMFS-approved ELB and eLandings to
record and report groundfish information. This would change the
sentence to active voice. It would revise paragraph (f)(1)(ii) to state
that the operator of a catcher/processor using longline or pot gear may
use a combination of a NMFS-approved catcher/processor longline or pot
gear ELB and eLandings to record and report groundfish information.
Paragraph (f)(1)(iv) would be revised to state that the operator of a
catcher/processor using trawl gear may use a combination of a NMFS-
approved catcher/processor trawl gear ELB and eLandings to record and
report groundfish information. Paragraph (f)(1)(v) would be revised to
state that the operator of a mothership may use a combination of a
NMFS-approved mothership ELB and eLandings to record and report
groundfish information.
Section 679.5(h) Check-in/Check-out Reports. A proposed rule
designed to change the check-in/check-out requirements (CICO) at Sec.
679.5(h) was published May 29, 2008 (73 FR 30876). The CICO proposed
rule would eliminate the requirement for a check-in/check-out report
for certain of the motherships and catcher/processors. The requirements
of that proposed rule would be incorporated into this supplemental
proposed rule so as to not reverse the changes after the IERS final
rule is published. Current R&R regulations require operators of
motherships and trawl, longline, and pot gear catcher/processors to
record the occurrence of active and inactive periods. In the CICO
proposed rule, NMFS proposes to revise the definitions of ``active''
status for catcher/processors, motherships, shoreside processors, and
SFPs by removing ``checked-in'' as a reason for being active.
``Active'' status currently means ``when checked-in or processing'' for
all those processors. ``Active'' status would be changed for
motherships, shoreside processors, and SFPs to mean ``when receiving or
processing groundfish.'' The definition for ``active'' for a catcher/
processor using longline or pot gear would be revised to mean ``when
all or part of the longline or pot gear is in the water or when
processing.'' For a catcher/processor using trawl gear, the definition
for ``active'' would be revised to mean ``when all or part of the trawl
net is in the water or when processing.''
To accommodate the changes provided in a check-in/check-out
proposed rule (73 FR 30876, May 29, 2008) which proposed revising
``active'' period defini
