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, 76136-76190 [E8-29625]
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76136
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Parts 679 and 680
[Docket No. 080302360–7686–03]
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
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues a final rule that
implements new recordkeeping and
reporting requirements; a new electronic
groundfish catch reporting system, the
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. This action is intended
to promote the goals and objectives of
the Magnuson–Stevens Fishery
Conservation and Management Act
(Magnuson–Stevens Act) and other
applicable law.
DATES: Effective January 14, 2009.
ADDRESSES: Copies of the Categorical
Exclusion (CE), Regulatory Impact
Review (RIR), and Final Regulatory
Flexibility Analysis (FRFA) prepared for
this action may be obtained from the
NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802, or by calling the
Alaska Region, NMFS, at 907–586–7228,
or from the NMFS Alaska Region
website at https://
alaskafisheries.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection–of–information
requirements contained in this final rule
may be submitted to NMFS and by e–
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mail to DavidlRostker@omb.eop.gov,
or fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Patsy A. Bearden, 907–586–7008.
SUPPLEMENTARY INFORMATION: NMFS
manages the U.S. groundfish fisheries of
the exclusive economic zone (EEZ) off
Alaska under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska and the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area.
With Federal oversight, the State of
Alaska (State) manages the commercial
king crab and Tanner crab fisheries
under the Fishery Management Plan for
Bering Sea/Aleutian Islands King and
Tanner Crabs and the commercial
scallop fishery under the Fishery
Management Plan for the Scallop
Fishery off Alaska. The fishery
management plans were prepared by the
North Pacific Fishery Management
Council and approved by the Secretary
of Commerce under authority of the
Magnuson–Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq. The FMPs are
implemented by regulations at 50 CFR
parts 679 and 680. General provisions
governing fishing by U.S. vessels in
accordance with the FMPs appear at
subpart H of 50 CFR part 600.
Management of the Pacific halibut
fisheries in and off Alaska is governed
by an international agreement, the
‘‘Convention Between the United States
of America and Canada for the
Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering
Sea,’’ which was signed at Ottawa,
Canada, on March 2, 1953, and was
amended by the ‘‘Protocol Amending
the Convention,’’ signed at Washington,
D.C., March 29, 1979. The Convention is
implemented in the United States by the
Northern Pacific Halibut Act of 1982
(Halibut Act).
Background and Need for Action
Refer to the proposed rule preambles
for further description and detail. The
background and need for this action
were described in detail in the preamble
to the original proposed rule published
in the Federal Register on June 29, 2007
(72 FR 35748) and in a supplemental
proposed rule published on September
24, 2008 (73 FR 55368) and are not
repeated here. The 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. The original proposed
rule’s comment period ended July 30,
2007. NMFS received two emails
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containing nine comments on the
original proposed rule. Responses to all
nine comments were provided in the
supplemental proposed rule. NMFS
agreed with five of these comments and
made the suggested changes in the
supplemental proposed rule. The
supplemental proposed rule’s comment
period ended October 24, 2008. NMFS
received one comment by email which
is summarized under ‘‘Response to
Comments.’’
In summary, this final rule:
• Institutes the Interagency Electronic
Reporting System (IERS) and its data
entry component, eLandings. eLandings
replaces the current Shoreside Processor
Electronic Logbook Report (SPELR) for
entering groundfish catch information
and Crab Rationalization Program (CR)
crab information. The use of eLandings
removes and replaces the use of the
shoreside processor daily cumulative
production logbook (DCPL), weekly
production reports, daily production
reports, and aggregated mothership fish
tickets. The operators of catcher/
processor vessels and motherships will
be required to use a combination of
eLandings and the appropriate DCPL to
record fishery information;
• Allows for the future use of
electronic logbooks (ELBs) by operators
of catcher vessels, catcher/processors,
and motherships to replace the daily
fishing logbook (DFL) and the DCPL
when used with eLandings. Equipment
and operational requirements in
conjunction with the new ELBs are
updated to provide the process and
criteria by which a private-sector vendor
could submit ELB software programs for
approval by NMFS Alaska Region;
• Reorganizes IFQ crab landing report
regulations by removing them from 50
CFR part 680 and incorporating them
into eLandings regulations at 50 CFR
part 679, so that all regulations
pertaining to eLandings will be found in
one set of regulations;
• Adds a requirement for Registered
Crab Receivers to submit an annual Crab
Rationalization Program Registered Crab
Receiver Ex–vessel Volume and Value
Report;
• Revises regulations that pertain to
permits in the fisheries off Alaska. Most
of the changes are technical or
administrative in nature, e.g.,
clarification of existing regulations on
how to amend or surrender a permit,
and do not change existing
requirements;
• Clarifies vessel restrictions in the
Sitka Pinnacles Marine Reserve and
how those restrictions apply to halibut
and sablefish IFQ permit holders;
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• Revises requirements regarding at–
sea transfer of an observer to enhance
safety; and
• Technical revisions to regulations to
correct cross–references and other
regulatory text. Miscellaneous revisions
also include removal of outdated text
and codifying existing reporting
practices for catch weighing and vessel
monitoring system requirements.
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Response to Comments
Comment 1: The data entry time
limits for trawl and longline catcher/
processors, the provision that requires
submission ‘‘by noon each day to record
the previous day’s discard and
disposition information,’’ is
unworkable. An example of how this
reporting deadline is a problem is when
a tow or set is retrieved just before
midnight. An observer cannot start
monitoring and sampling a tow until it
is being processed, and in some cases an
observer’s work shift may end in the
morning. This means that the vessel
crew may not know about discard and
bycatch estimates until the afternoon of
the day after the previous day’s tow has
been retrieved. We request the time
limit for when data is entered in
eLandings or the DCPL be changed from
‘‘by noon each day to record the
previous day’s discard and disposition
information’’ to ‘‘by midnight each day
to record the previous day’s discard and
disposition information.’’
Response: NMFS agrees with this
comment. NMFS understands the
impracticability of submitting
information prematurely and that time
limits must correspond with fishing
operations. Therefore, NMFS revises
regulations at § 679.5(c)(3) and (c)(4) for
trawl, longline, or pot catcher/
processors to change the time limit for
data entry in eLandings or the DCPL
from ‘‘by noon each day to record the
previous day’s discard and disposition
information’’ to ‘‘by midnight each day
to record the previous day’s discard and
disposition information.’’
Changes from the Supplemental
Proposed Rule
Since publication of the proposed
rules, NMFS published a final rule on
September 16, 2008 (73 FR 53390) that
revised the definition for an active
period for catcher/processors,
motherships, shoreside processors, and
SFPs and eliminated the check–in/
check–out report submittal requirement
for motherships and catcher/processors
that have onboard an operating vessel
monitoring system. To ensure regulatory
consistency and accuracy with the
September 16, 2008, final rule, NMFS is
substituting the words ‘‘when active’’
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for ‘‘checked–in’’ in the two places they
appear in § 679.5(e)(9)(ii) and (e)(10)(iv).
This final rule corrects a mistaken
cross reference in § 679.40(h)(3)(i),
which are regulations describing
sablefish and halibut offload
obligations. The supplemental proposed
rule incorrectly cited to
§ 679.5(e)(8)(i)(K), which describes the
obligation to record discard or
disposition information, which is
unrelated to offloads. The final rule
correctly references
§ 679.50(e)(7)(i)(E)(6), which describes
entry of delivery information.
Other revisions are made by this final
rule to ensure that electronic data
submittal procedures are accurately and
completely described. These revisions
are as follows:
eLandings relies on computers. The
supplemental proposed rule, under
§ 679.5(e), specified procedures for
submitting information if a user’s
computer fails. The final rule clarifies
that if a hardware, software, or Internet
failure occurs, these procedures should
be used. When a user is reporting on
groundfish other than sablefish, the user
must report the information as ‘‘non–
IFQ groundfish’’ in paragraph
679.5(e)(1)(ii).
The final rule also removes a sentence
in paragraph 679.5(e)(1)(ii) that stated
‘‘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.’’ This sentence is
inappropriate because NMFS has
determined it is unnecessary to specify
by regulation where a user records
temporary information. The final rule
also adds ‘‘other NMFS–approved
software’’ to paragraphs 679.5(e)(1)(i)
and (e)(1)(ii) because in the future,
NMFS may approve additional software
programs that will work as well as the
eLandings system.
The final rule, in Table 2b to part 679,
corrects the mis–spelled Latin term for
red king crab and removes the check
marks for three crab species that
incorrectly indicated that the crab
species are Crab Rationalization (CR)
crab. The complete list of CR crab may
be viewed at Table 1 to part 680.
The final rule reorganizes certain
requirements for the Registered Crab
Receiver (RCR) Ex–vessel Volume and
Value Report at § 680.5(m). Since the
report must be filed electronically, the
final rule deletes the requirement for a
paper report. The final rule reorganizes
paragraphs (m)(iii)(B) and (C) to include
retro payments, e.g., payments for crab
made subsequent to the original
payment, as part of the value of crab
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purchases instead of as payment and
value information. Finally, paragraph
(m)(4) is revised in the final rule to
correct a website address that has been
changed since publication of the
proposed rules.
Classification
The Administrator, Alaska Region,
NMFS determined that this final rule is
necessary for the conservation and
management of the groundfish fisheries,
and that it is consistent with the
Magnuson–Stevens Act and other
applicable laws.
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the International Pacific
Halibut Commission (IPHC), the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council
(Council), and the Secretary of
Commerce. Section 5 of the Northern
Pacific Halibut Act of 1982, 16 U.S.C.
773c (Halibut Act) allows the Regional
Council having authority for a particular
geographical area to develop regulations
governing the allocation and catch of
halibut in U.S. Convention waters as
long as those regulations do not conflict
with IPHC regulations. The final rule is
consistent with the Council’s authority
to allocate, monitor, and manage halibut
catches among fishery participants in
the waters in and off Alaska.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
NMFS is not aware of any other
Federal rules that would duplicate,
overlap, or conflict with this action.
Final Regulatory Flexibility Analysis
(FRFA)
A Final Regulatory Flexibility
Analysis (FRFA) was prepared for this
rule as required by section 604 of the
Regulatory Flexibility Act (RFA). The
FRFA incorporates the IRFA and a
summary of the analyses completed to
support the action; no comments were
received on the IRFA. Copies of the
FRFA prepared for this final rule are
available from NMFS (see ADDRESSES).
A summary of the FRFA follows.
Reason and Justification for the Rule
The FRFA describes in detail the
objectives and legal basis for the rule,
and characterizes the small and non–
small regulated entities that participate
in the fishery. A description of the
action, the reasons why it is being
considered, and a statement of the
objectives and legal basis for this action
are contained earlier in the preamble
and are not repeated here.
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
Number of Small Entities to Which the
Final Rule Would Apply
For purposes of a FRFA, the Small
Business Administration (SBA) has
established that a business involved in
fish harvesting is a small business if it
is independently owned and operated,
not dominant in its field of operation
(including its affiliates), and if it has
combined annual gross receipts not in
excess of $4.0 million for all its
affiliated operations worldwide. A
seafood processor is a small business if
it is independently owned and operated,
not dominant in its field of operation,
and employs 500 or fewer persons on a
full–time, part–time, temporary, or other
basis, at all its affiliated operations
worldwide.
Because the SBA does not have a size
criterion for businesses that are
involved in both the harvesting and
processing of seafood products, NMFS
has in the past applied and continues to
apply SBA’s fish harvesting criterion for
these businesses because catcher/
processors are first and foremost fish
harvesting businesses. Therefore, a
business involved in both the harvesting
and processing of seafood products is a
small business if it meets the $4.0
million criterion for fish harvesting
operations. NMFS currently is
reviewing its small entity size
classification for all catcher/processors
in the United States. However, until
new guidance is adopted, NMFS will
continue to use the annual receipts
standard for catcher/processors. NMFS
plans to issue new guidance in the near
future.
The FRFA contains a description and
estimate of the number of small entities
to which the rule would apply. As
required by the RFA, NMFS has
estimated the numbers of small entities
that may be directly regulated by this
action. Counts of small catcher vessel
and catcher/processor entities are based
on 2006 revenue estimates from the
Alaska Fisheries Science Center. Counts
of shoreside processors and stationary
floating processors (SFPs) are based on
2006 information on plants and plant
ownership from the NMFS Alaska
Region. Counts of other more
specialized categories of small entities
are explained when they occur below.
In general, the estimates of small entity
numbers described in the following
paragraphs are believed to be high for
several reasons. Each vessel or
processing plant is treated as a separate
entity; however, this does not consider
that a firm may own multiple vessels or
plants. Moreover, revenue estimates do
not take into account the revenues that
an entity may have earned in waters
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outside of Alaska, or in non–fishing
activities. Finally, estimates do not take
into account potential affiliations among
entities.
Cooperative membership and joint
venture affiliations are common among
Alaskan fishing firms. In the absence of
detailed information on ownership and
affiliations, and on revenue from fishing
or other activities outside of Alaska,
NMFS has chosen to make estimates
that are conservative, to avoid
undercounting the number of small
entities.
The FRFA evaluates the following
regulatory amendments:
1. Provide an option for operators of
trawl catcher vessels and catcher/
processors, longline or pot catcher
vessels and catcher/processors, and
motherships operating in the GOA and
the BSAI in the EEZ off the coast of
Alaska to substitute an ELB for the DFL
or DCPL that is currently required.
2. Provide the process and criteria by
which a private software vendor could
get ELB software approved for use in the
Alaska Region groundfish fisheries.
3. Implement regulations for the
eLandings data entry component of
IERS to be used for reporting
commercial fishery landings and
production data and allow fishery
participants to use the Internet to enter
data only once for subsequent
distribution to the Alaska Department of
Fish and Game (ADF&G), the
International Pacific Halibut
Commission (IPHC), and NMFS, as
appropriate.
4. Reorganize regulations for logbooks
to provide complete information for
each logbook in its own section in order
to make the regulations more accessible
and easier to use.
5. Provide uniform language and
revise permit–related regulations
governing fishing activities in fisheries
off the coast of Alaska. The minor
revisions improve enforcement of the
regulations at 50 CFR part 679, by
revising text, where necessary, such that
the regulations are specific, especially
regarding permits and permit–related
issues.
6. Revise 50 CFR part 680 by
removing IFQ crab landing report
regulations for incorporation into the
description of IERS at § 679.5 IERS and
by adding a requirement for a CR
Registered Crab Receiver Ex–vessel
Volume and Value Report.
7. Revise a groundfish observer
provision regarding at–sea vessel-tovessel transfers.
8. Make miscellaneous revisions to
fishing regulations at 50 CFR parts 679
and 680.
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Electronic Logbooks (ELBs)
NMFS will provide the process and
criteria by which a private-sector
software vendor could obtain approval
for ELB software in the Alaska Region
groundfish fisheries.
NMFS will provide an option for
operators of trawl catcher vessels and
catcher/processors, longline or pot
catcher vessels and catcher/processors,
and motherships operating in the GOA
and the BSAI in the EEZ off the coast
of Alaska to substitute an ELB for the
DFL or DCPL that is currently required.
This action will allow ELBs for
voluntary use by fishery participants to
replace the DFL for trawl gear catcher
vessels and longline or pot gear catcher
vessels. ELBs will also be allowed for
use by fishery participants to replace the
DCPL used by trawl gear catcher/
processors, longline or pot gear catcher/
processors, and motherships to
voluntarily fulfill daily catch
recordkeeping and reporting
requirements.
The participants associated with this
aspect of the action include an
estimated 771 small catcher vessels, 11
small catcher/processors, and no small
motherships. The catcher vessel and
catcher/processor estimates may be
high, because they do not take account
of affiliations among entities.
NMFS considered two alternatives for
implementation of the ELBs: the no–
action (or status quo) and action
alternatives. The action alternative
allows participants to voluntarily use an
ELB instead of a DFL or DCPL, but does
not require firms to incur additional
costs, because all processors
participating in Federal fisheries have
access to a computer. The no–action
alternative was considered, but rejected,
because it did not meet the action
objective of creating a better regulatory
environment for the introduction and
use of ELB software for compliance with
NMFS’ reporting requirements.
NMFS interacted with the fishing
industry on the use of ELBs during a
pilot project described in the RIR/IRFA
wherein a trawl gear ELB created by a
private vendor was used by catcher
vessels. An early version of this analysis
included a provision requiring that
fishing operations using the ELB
software file a report with NMFS within
24 hours of delivering their product.
This provision was eliminated from the
alternatives following industry
consultations during the preparation of
the IRFA. The provision was expected
to impose an undue burden on
operations that were using the software
voluntarily and perhaps slow its
adoption rate. An examination of
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existing response rates indicated that
about 32 percent of these reports have
been received by NMFS within 24 hours
of the landing, and about 73 percent
have been received within 48 hours of
the landing. The action alternative
relaxes a constraint on the public, and
may reduce data entry costs relative to
the DFL and DCPL.
Interagency Electronic Reporting System
(IERS)
With this final rule, NMFS
implements regulations for the
eLandings data entry component of
IERS to be used for reporting
commercial fishery landings and
production data and allow fishery
participants to use the Internet to enter
data only once for subsequent
distribution to the ADF&G, the IPHC,
and NMFS, as appropriate.
NMFS estimates that this action will
directly regulate 11 small catcher/
processors, 80 small shoreside
processors, five small SFPs, no small
motherships, and 184 small Registered
Buyers. Under this action, these entities
will be required to report electronically
using the IERS software.
The Registered Buyer estimates were
prepared as follows. There are 206 IFQ
Registered Buyers expected to use IERS
to record their halibut IFQ and halibut
CDQ deliveries under provisions of this
action. An examination of the names of
the Registered Buyers suggests that at
least 22 are large entities under the
Small Business Administration (SBA)
criteria (i.e., processors subject to the
500 employee SBA criterion). The
remaining Registered Buyers appear to
be small shoreside firms or fishing
operations. Thus, 184 Registered Buyers
are estimated to be small for RFA
purposes. This is likely to be an
overestimate of the number of small
entities among the Registered Buyers
directly regulated by adoption of the
IERS.
NMFS considered two alternatives for
the IERS and eLandings: the status quo
and action alternatives. The status quo
alternative, if retained, would not have
required firms to begin using IERS for
Federal reporting purposes. However,
since State regulations will require firms
to begin reporting in–state deliveries of
harvests with the IERS system, retention
of the status quo alternative would be of
no advantage to small entities. Indeed,
these small entities could be in the
position of having to conform to two
separate reporting standards. Moreover,
a significant proportion of the harvest
from Federal waters is delivered to
onshore or inshore processors, who
would be using the IERS to input these
records.
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The preferred alternative requires
processors to use IERS and eLandings to
report data from Federal fisheries, but
only imposes small additional costs.
IERS is a joint project of ADF&G, IPHC,
and NMFS. If NMFS adopted an
alternative system, confusion would
result for the fishing industry and
industry costs would be increased.
Additional alternatives in this instance
would compromise our ability to meet
the objectives of the action. Because the
costs of this action are minor, it is
difficult to identify additional
alternatives with significant cost
savings.
Regulatory text reorganization
NMFS reorganizes and revises
§ 679.5(a) and (c), such that each of the
six groundfish logbooks is described
clearly and completely in a separate
section of regulatory text. This action
also makes the regulations easier for the
public to use. Regulations for processor
forms also are revised and reorganized
in this rule. Prior to this final rule, these
regulations were arranged into tables by
data element relating to multiple
logbooks and forms. The reader had to
consult several places in the regulations
to find complete requirements for any
given logbook or form. This action
consolidates all of the requirements for
each form and logbook into individual
sections in § 679.5.
The small entities directly regulated
by this action include 80 shoreside
processors, five SFPs, 11 catcher/
processors, no motherships, and 771
catcher vessels.
NMFS considered two alternatives for
the reorganization of regulations: the
status quo and action alternatives.
Under the status quo alternative, the
regulations at § 679.5 would remain
without reorganization. The regulations
at § 679.5 would remain arranged in
tables by data element relating to
multiple logbooks and forms causing the
reader to consult several places in the
regulations to find complete
requirements for any given logbook or
form. Under the regulatory scenario of
the status quo alternative, participants
would likely face increased R&R
regulatory uncertainty and a loss of
efficiency. Under the action alternative,
NMFS will reorganize and revise
regulations at § 679.5 such that each of
the six groundfish logbooks is described
in regulatory text separately,
completely, and clearly. Under the
regulatory scenario of the action
alternative, participants would enjoy
increased R&R regulatory certainty and
increased efficiency.
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76139
Permits
NMFS is unifying the language and
revising permit–related regulations
governing fishing activities in fisheries
off the coast of Alaska. These minor
revisions will improve enforcement of
the regulations at 50 CFR part 679 by
clarifying and simplifying text,
especially regarding permit–related
issues. NMFS estimates that 771 small
catcher vessels, 11 small catcher/
processors, 80 small shoreside
processors, five SFPs, and six small
CDQ groups are directly regulated by
this action.
Six CDQ groups, representing 65
Western Alaska communities, currently
participate in the CDQ Program. Each is
organized as a not–for–profit entity, and
none is dominant in its field.
Consequently, each is a small entity
under the RFA. Several CDQ groups
own, in whole or in part, and operate
vessels participating in the CDQ
fisheries. Because CDQ groups must
obtain permits for their vessels, the six
CDQ groups also will be directly
regulated by this rule.
NMFS considered two alternatives for
the permit–related revisions: the status
quo and action alternatives. The status–
quo alternative would maintain the
inconsistency of regulatory language
regarding permit–related issues, for
example, by maintaining the term
‘‘federally regulated’’ and by not
replacing it with the specific permit that
relates to the paragraph. This would
maintain the inconsistency in
determination of which permit
authorizes which activity. Under the
action alternative, NMFS ‘‘tightens up’’
the regulations as they relate to permits,
for example, regulatory text is made
specific as to whether a permit is issued
to a person or to a vessel. Under the
action scenario, NMFS clarifies
ambiguities in the permit–related
regulatory text and improves
enforcement of the regulations at 50
CFR part 679.
eLandings Landing Report
NMFS revises regulations at 50 CFR
part 680 by removing IFQ crab landing
report regulations for incorporation into
the § 679.5(e) eLandings regulations.
The eLandings landing report originally
was created for CR crab, but will be
used for reporting groundfish, IFQ
halibut, CDQ halibut, and IFQ sablefish
as well.
NMFS considered two alternatives for
the eLandings regulatory revisions: the
status quo and action alternatives.
Under the status quo scenario, the
regulations for use of eLandings for the
CR fisheries would remain at § 680.5
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and the regulations for use of eLandings
for other fisheries would be in
§ 679.5(e). This would duplicate two
sets of regulations and introduce
confusion.
Under the action alternative, NMFS
removes regulatory text from § 680.5(b),
(c), and (d) that describe the use of
eLandings for CR crab and integrates
that text into regulations at § 679.5(e).
This change allows all related
information for the eLandings landing
report to be found in one section for
groundfish, CR crab, IFQ halibut, IFQ
sablefish, and CDQ halibut.
cost recovery fees will be used to
support management of the CR Program.
An additional effect will be the removal
of a requirement for an RCR who
receives a landing of CR crab harvested
under the IFQ, the CDQ, or Adak
community allocation programs to
submit for each landing the price per
pound. Instead, each RCR will be
required to submit a CR RCR Ex–vessel
Volume and Value Report near the end
of the crab fishing year. In addition, the
requirement to report through
eLandings the price paid for crab when
landed will become optional.
CR Registered Crab Receiver Ex–vessel
Volume and Value Report
NMFS is adding a new form, the CR
Registered Crab Receiver (RCR) Ex–
vessel Volume and Value Report, to be
submitted by participants near the end
of the crab fishing year. This report is
similar to a report required by
regulations implementing the NMFS
Alaska Region IFQ Program for Pacific
halibut and sablefish. The regulations
for the form will be described at
§ 680.5(m). The small entities directly
regulated by this action are
approximately 30 RCRs required to
submit an annual CR RCR Ex–vessel
Volume and Value Report.
NMFS considered two alternatives for
the addition of this form: the status quo
and action alternatives. Under the status
quo scenario, the requirement to report
through eLandings the price paid for
crab during landing would remain
mandatory. This would mean that the
crab price would be inaccurate, because
the price at the time of landing does not
include post–delivery or end–of–season
adjustments. An inaccurate report of
crab value would then be used to assess
fees for participants in the CR crab
fisheries, required by the Magnuson–
Stevens Fishery Conservation and
Management Act (Section 304(d)(2)(B)).
Inaccurate fees could result in
insufficient funds to manage the CR
Program.
The action alternative adds the new
form to collect crab price information
from CR RCRs. The form collects
information used to assess fees on an
annual basis, which is a statutory
requirement. NMFS considered but
rejected alternatives (options) of more
frequent or less frequent collection of
the price information. NMFS Restricted
Access Management Program (RAM)
will collect the price information to
establish a ‘‘standard’’ ex–vessel price
for CR crab. The standard price will be
used to estimate the cost recovery fees
due from processors and harvesters; the
participants may not participate in the
CR fisheries if fees are not paid. The
Groundfish Observer Provision
Regarding At–sea Vessel-to-vessel
Transfers
The Fisheries Monitoring and
Analysis Division (FMA) monitors
groundfish fishing activities in the EEZ
off Alaska and conducts research
associated with sampling commercial
fishery catches, estimation of catch and
bycatch mortality, and analysis of
fishery–dependent data. As part of the
FMA’s North Pacific Observer Program,
approximately 400 fishery observers
spend up to 90 consecutive days each
year at sea or at processing plants
collecting data for management of the
Alaskan groundfish fisheries. On
occasion crab fisherman must transfer
an observer at sea from one vessel to
another.
The small entities directly regulated
by this action include no motherships,
11 catcher/processors, and 771 catcher
vessels.
NMFS considered three alternatives
for the observer at–sea transfer
revisions: the status quo and two action
alternatives. Under the status quo
alternative, the regulatory text would
not be changed. The no–action
alternative was rejected because it did
not meet the action objective of creating
a safe transfer environment for a
groundfish observer.
Under the preferred action alternative,
NMFS revises a groundfish observer
provision regarding at–sea vessel-tovessel transfers by removing ‘‘via small
boat or raft’’ from the regulations at
§ 679.50(g)(1)(ix)(A). This revision will
improve safety for observers undergoing
a transfer at sea because the regulatory
text now states that all at–sea transfers
of an observer be conducted during
daylight hours, under safe conditions,
and with the agreement of the observers
involved.
Under the second action alternative,
NMFS will prohibit the transfer of an
observer at sea. Most of the at–sea
transfers are done by companies that
own two or more vessels with less than
100 percent observer coverage and use
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one observer to meet observer coverage
requirements on these vessels. This
revision would require an observer to be
transferred only at the dock, resulting in
increased costs for the company,
because vessels would have to return to
the dock to pick up or drop off an
observer. This alternative was rejected
for further analysis because the
improvement in observer safety
appeared to come at a disproportionate
cost to fishing operations.
Miscellaneous Revisions to Fishing
Regulations at 50 CFR parts 679 and
680
NMFS amends regulations in Parts
679 and 680 to improve clarity and
efficiency. The small entities directly
regulated by this final rule include 80
shoreside processors, 5 SFPs, 11
catcher/processors, no motherships, and
771 catcher vessels.
NMFS considered two alternatives for
the miscellaneous regulatory revisions:
the status quo and action alternatives.
Under the status quo alternative the
regulatory text would not be changed.
Under the action alternative, NMFS
amends regulations in Part 679 and Part
680, by adding and revising definitions,
revising text to clarify a Sitka Pinnacles
Marine Reserve closure provision,
adding or correcting cross references,
removing obsolete text, adding new text,
codifying certain existing practices, and
revising figures and tables to Part 679.
These changes will facilitate
management of the fisheries and
enforcement efforts and promote
compliance with the regulations.
The preferred action alternative will
have no known adverse impacts on
small entities. The status quo alternative
was rejected because it did not meet the
action objective of creating a better
regulatory environment.
The regulations in this final rule
appear to impose no adverse economic
impacts on directly regulated small
entities. Therefore no steps were needed
to minimize the effects of this regulatory
action on small entities.
In the various items considered in this
analysis, the preferred alternative was
chosen rather than selecting the status
quo alternative. The preferred
alternative in every case supported the
primary objective of this action which is
to improve the methods and procedures
of recordkeeping and reporting for the
fishery programs of NMFS Alaska
Region through expansion of electronic
reporting methods and by simplifying
regulations.
Use of electronic recordkeeping will
allow the public to more easily record
daily information and retrieve daily
information and will increase the
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accuracy of information collected and
summarized. In addition, this initiation
of electronic recordkeeping is the first
step to interface with onboard
electronics to collect certain information
directly (for example location and
direction information from a global
positioning system). Electronic
recordkeeping also creates a wide range
of potential reports to allow the operator
to analyze his or her fishing activity.
eLandings or other NMFS–approved
software allows processors and others to
provide commercial harvest and
production information of groundfish,
halibut, and crab to NMFS, IPHC, and
ADF&G. Using eLandings removes
reporting duplications, and once
implementation is complete, eLandings
makes recordkeeping and reporting
simpler. Additional benefits of the
eLandings system include:
• Immediate verification of permits
and vessel identification;
• Timely catch reports for
management agency use;
• Options for processors to import or
export catch and production
information; and
• Significant reduction in data entry
by management agencies and
processors.
Small Entity Compliance Guide
The preamble to this final rule and
particularly the summary of the FRFA
serve as the small entity compliance
guide. This action does not require any
additional compliance from small
entities that is not described in this final
rule. Copies of this final rule are
available from NMFS (see ADDRESSES)
and at the NMFS website at https://
alaskafisheries.noaa.gov.
Paperwork Reduction Act Collections
of Information
This final 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.
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OMB Control Number 0648–0213
Public reporting burden is estimated
to average per response: 28 minutes for
catcher vessel longline and pot gear DFL
or ELB; 18 minutes for catcher vessel
trawl DFL or ELB; 31 minutes for
mothership DCPL or ELB; 41 minutes
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for catcher/processor longline and pot
gear DCPL or ELB; 30 minutes for
catcher/processor trawl gear DCPL or
ELB; 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.
The weekly production report,
estimated at 17 minutes; shoreside
processor DCPL, estimated at 31
minutes; and mothership consolidated
ADF&G fish tickets, estimated at 35
minutes, are removed with this final
rule.
OMB Control Number 0648–0272
Public reporting burden for IFQ
landing reports is estimated to average
18 minutes per response.
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.
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 report.
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 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
DavidlRostker@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.
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List of Subjects in 15 CFR part 902
Reporting and recordkeeping
requirements.
List of Subjects in 50 CFR parts 679 and
680
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: December 2, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 15 CFR
chapter IX and 50 CFR chapter VI as
follows:
■
TITLE 15—COMMERCE AND FOREIGN
TRADE
CHAPTER IX—NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION,
DEPARTMENT OF COMMERCE
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
1. The authority citation for part 902
continues to read as follows:
■
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, in the table in paragraph
(b), under the entry ‘‘50 CFR’’:
A. Remove entries for ‘‘679.5(b), (c),
(d), (g), (h), (i), (j), (k) and (m)’’;
‘‘679.5(e), (f), and (o)’’; ‘‘679.5(l)(1),
(l)(2), (l)(3), and (l)(5)’’; ‘‘679.5(l)(3)(i),
(l)(4)’’; ‘‘679.24(e)’’; ‘‘679.28(b) and (d)’’;
‘‘679.28(f)’’; ‘‘679.32(c)’’; ‘‘679.61(c) and
(f)’’; ‘‘679.61(d) and (e)’’; ‘‘679.62(b)(3)
and (c)’’; ‘‘679.63(a)(2)’’; ‘‘680.5’’;
‘‘680.23(e), (f), (g), and (h)’’; ‘‘680.44(a),
(b), (c), (d), (e)’’; and ‘‘680.44(f)’’.
B. Add entries in alphanumeric order
for ‘‘679.5(b), (h), and (k)’’; ‘‘679.5(c)’’;
‘‘679.5(d)’’; ‘‘679.5(e) and (f)’’;
‘‘679.5(g)’’; ‘‘679.5(l)(1) through (l)(5)’’;
‘‘679.5(o)’’; ‘‘679.27(j)(5)’’; ‘‘679.28(a)’’;
‘‘679.28(b), (c), (d), and (e)’’;
‘‘679.28(h)’’; ‘‘679.32(c) and (e)’’;
‘‘679.61(c), (d), (e), and (f)’’; ‘‘679.62’’;
‘‘679.63’’; ‘‘680.5(a) and (h) through (l)’’;
‘‘680.5(b)’’; ‘‘680.5(e) and (f)’’;
‘‘680.5(g)’’; ‘‘680.5(m)’’; ‘‘680.23(e), (f),
and (g)’’; and ‘‘680.44’’.
C. Revise entries for ‘‘679.5(r)’’;
‘‘679.5(s)’’; ‘‘679.32(d)’’; ‘‘679.32(f)’’;
and ‘‘679.43’’.
The additions and revisions read as
follows:
■
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
*
*
*
(b) * * *
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*
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CFR part or section
where the information collection requirement is located
CFR part or section
where the information collection requirement is located
Current OMB control
number (all numbers
begin with 0648-)
*******
679.62
-0393
50 CFR
679.63
-0213 and -0330
*******
*******
Current OMB control
number (all numbers
begin with 0648-)
679.5(b), (h), and
(k)
-0213
680.5(a) and (h)
through (l)
-0213
679.5(c)
-0213, -0272, -0330,
-0513, and -0515
680.5(b)
-0515
680.5(e) and (f)
-0570
679.5(d)
-0213, -0272, and
-0513
680.5(g)
-0514
679.5(e) and (f)
-0213, -0272, -0330,
-0401, -0513, and
-0515
*******
679.5(g)
-0213, -0272, and
-0330
*******
679.5(l)(1) through
(l)(5)
-0272
680.5(m)
-0514
680.23(e), (f), and
(g)
*******
*******
680.44
679.5(o)
-0330
-0401
-0514
*******
*******
TITLE 50—WILDLIFE AND FISHERIES
679.5(r)
-0213, -0445, and
-0545
679.5(s)
-0213, -0445, and
-0565
CHAPTER VI—FISHERY CONSERVATION
AND MANAGEMENT, NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION,
DEPARTMENT OF COMMERCE
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
*******
679.27(j)(5)
-0213, -0330, and
-0565
679.28(a)
-0213 and -0330
3. The authority citation for part 679
is revised to read as follows:
679.28(b), (c), (d),
and (e)
-0330
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
■
4. 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’’,
‘‘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:
■
*******
679.28(h)
-0213 and -0515
*******
679.32(c) and (e)
-0213 and -0269
679.32(d)
-0213, -0269 and
-0330
679.32(f)
-0213, -0269, and
-0272
*******
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679.43
-0272, -0318, -0334,
-0398, -0401, -0545,
-0565, and -0569
*******
679.61(c), (d), (e),
and (f)
-0401
§ 679.2
*
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*
Definitions.
*
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*
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*
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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
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
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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).
*
*
*
*
*
If program permit or card type is:
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
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.
*
*
*
*
*
■ 5. 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:
§ 679.4
Permits.
(a) * * *
(1) * * *
Permit is in effect from issue date through the
end of . . .
For more information, see . . .
(i) * * *
(A) Registered buyer
Until expiration date shown on permit
Paragraph (d)(3)(ii) of this section
(A) Federal fisheries
Until expiration date shown on permit
Paragraph (b) of this section
(B) Federal processor
Until expiration date shown on permit
Paragraph (f) of this section
Indefinite
Paragraph (g) of this section
(xiv) Crab Rationalization Program permits
see § 680.4 of this chapter
§ 680.4 of this chapter
(A) Crab Quota Share permit
Indefinite
§ 680.4(b) of this chapter
(B) Crab Processor Quota Share permit
Indefinite
§ 680.4(c) of this chapter
(C) Crab Individual Fishing Quota (IFQ)
permit
Specified fishing year
§ 680.4(d) of this chapter
(D) Crab Individual Processor Quota (IPQ)
permit
Specified fishing year
§ 680.4(e) of this chapter
(E) Crab IFQ hired master permit
Specified fishing year
§ 680.4(g) of this chapter
(F) Registered Crab receiver permit
Specified fishing year
§ 680.4(i) of this chapter
(G) Federal crab vessel permit
Specified fishing year
§ 680.4(k) of this chapter
*******
(iv) * * *
*******
(vii) * * *
(C) Scallop license
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*******
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Permit is in effect from issue date through the
end of . . .
If program permit or card type is:
(H) Crab harvesting cooperative IFQ permit
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*
Specified fishing year
*
*
*
*
(3) * * *
(i) A person may obtain an
application for a new permit or for
renewal or revision of an existing permit
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
and printed from the Alaska Region
website at https://
alaskafisheries.noaa.gov.
*
*
*
*
*
(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
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
§ 680.21(b) of this chapter
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 to
the permit holder of record in the same
fishing year in which it was
surrendered. 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 website at https://
alaskafisheries.noaa.gov as instructed
on the application form. Upon receipt
and approval of a permit 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
annual IFQ permit will not be reissued
in the same fishing year in which it was
surrendered, but a new annual IFQ
permit may be issued 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
PO 00000
Frm 00010
Fmt 4701
For more information, see . . .
Sfmt 4700
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
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 a new annual halibut
CDQ permit may be issued 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
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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
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,
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
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 website at https://
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 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
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
76145
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
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).
*
*
*
*
*
■ 6. 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 website at https://
alaskafisheries.noaa.gov or may be
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
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.
If harvest made under . . . program
(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 in the
following table must be recorded
separately in the logbooks, forms, and
eLandings.
Record the . . .
For more information, see . . .
CDQ group number
subpart C of this part
(B) Exempted Fishery
Exempted fishery permit number
§ 679.6
(C) Research Fishery
Research fishery permit number
§ 600.745(a) of this chapter
(D) Aleutian Islands Pollock (AIP)
n/a
subpart F of this part
(E) Open access (OA)
pwalker on PROD1PC71 with RULES3
(A) Western Alaska Community Development Quota (CDQ)
[for recording in eLandings only]
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
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
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
(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
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
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
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
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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 (b)
does not relieve the owner, operator, or
76147
(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,
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:
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
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.
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
After signature of operator and prior to departure of observer from the
vessel.
(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
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
(4) Blue
X
X
Mothership, shoreside
processor, SFP, or buying station that receives
the harvest
Within 2 hours after
completion of catch delivery
(5) Green
X
Optional, but may be required by IPHC (see §§
300.60 through 300.65
of this chapter)
If required, after the vessel’s catch is off-loaded
X
Must retain, permanently bound in logbook
pwalker on PROD1PC71 with RULES3
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
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17:22 Dec 12, 2008
Jkt 217001
was active or inactive during the time
period.
(A) An active period by fishing
category is defined in the following
paragraphs under this section:
PO 00000
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Fmt 4701
Sfmt 4700
Paragraph
Fishing Category
(c)(3)(iv)(A)(1)
Catcher vessel,
longline or pot gear
(c)(3)(iv)(B)(1)
Catcher/processor,
longline or pot gear
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Paragraph
Fishing Category
(c)(4)(iv)(A)(1)
Catcher vessel, trawl
gear
(c)(4)(iv)(B)(1)
Catcher/processor,
trawl gear
(c)(5)(ii)
Shoreside processor or
SFP
(c)(6)(iv)
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
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.
(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
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
Within 2 hours after completion of gear retrieval
(2) Discard and disposition information
By noon each day to record the previous day’s discard and disposition information
(3) Submit the blue DFL to mothership, shoreside processor, SFP, or
buying station receiving catch
Within 2 hours after completion of catch delivery
(4) All other required information
Within 2 hours after the vessel’s catch is off-loaded, notwithstanding
other time limits
(5) Operator sign the completed logsheets
pwalker on PROD1PC71 with RULES3
(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
Within 2 hours after completion of catch delivery
(6) Submit goldenrod logsheet to the observer
After signature of operator and prior to departure of observer from
the vessel.
VerDate Aug<31>2005
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E:\FR\FM\15DER3.SGM
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
(B) Catcher/processor. The operator of
a catcher/processor using longline or
pot gear must record in the DCPL or
eLandings the information from the
76149
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
(2) Discard and disposition information
X
By midnight each day to record the previous day’s discard and
disposition information
(3) Product information
X
By noon each day to record the previous day’s production information
(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
X
X
By noon of the day following completion of production
(5) Operator sign the completed logsheets
X
X
By noon of the day following the week-ending date of the
weekly reporting period
(6) Submit goldenrod logsheet to the observer
pwalker on PROD1PC71 with RULES3
(4) All other required information
X
(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
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
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
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
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
After signature of operator and prior to departure of observer
from the vessel
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.
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Sfmt 4700
(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.
(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.
E:\FR\FM\15DER3.SGM
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
If gear
type is ...
Then ...
(1) Other
gear
If gear is other than those listed within this table, indicate
‘‘Other’’ and describe
(2) Pot
gear
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
(3) Hookand-line
gear
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
pwalker on PROD1PC71 with RULES3
(iv) Seabird avoidance gear
code(s) (see § 679.24(e) and
Table 19 to this part)
(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.’’
(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
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
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,
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)
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 non–
groundfish (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
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Fmt 4701
Sfmt 4700
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
E:\FR\FM\15DER3.SGM
15DER3
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
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
76151
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
Within 2 hours after completion of gear retrieval
(2) Discard and disposition information
By noon each day to record the previous day’s discard and disposition information
(3) Submit blue DFL to mothership, shoreside processor, SFP, or buying station receiving the catch
Within 2 hours after completion of catch delivery
(4) Record all other required information
Within 2 hours after the vessel’s catch is off-loaded, notwithstanding
other time limits
(5) Operator sign the completed logsheets
Within 2 hours after completion of catch delivery
(6) Submit the goldenrod logsheet to the observer
After signature of operator and prior to departure of observer from
the vessel.
(B) Catcher/processor. The operator of
a catcher/processor using trawl gear
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
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.
(2) Discard and disposition information
X
By midnight each day to record the previous day’s discard and
disposition information
(3) Record product information
X
By noon each day to record the previous day’s production information
X
By noon of the day following completion of production to
record all other required information
pwalker on PROD1PC71 with RULES3
(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
(4) Record all other required information
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
X
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E:\FR\FM\15DER3.SGM
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76152
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Record In
Required information
Time limit for recording
eLandings
(5) Operator sign the completed logsheets
X
X
(6) Submit the goldenrod logsheet to the observer
pwalker on PROD1PC71 with RULES3
DCPL
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):
(A) Date. Enter date of each day (mm/
dd/yyyy). 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.
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
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.
(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.
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
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
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
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
using trawl gear and not using NMFS–
approved 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 NMFS–
approved scale, the operator must
record the scale weight of each haul
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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
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.
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(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:
DATA ENTRY TIME LIMITS, MOTHERSHIP
Record In
Required information
Time limit for recording
DCPL
eLandings
X
X
Within 2 hours after completion of receipt of each groundfish
delivery
(B) Product information
X
By noon each day to record the previous day’s production
(C) Discard or disposition information
X
By noon each day to record the previous day’s discard/disposition
(A) All catcher vessel or buying station delivery
information
X
X
By noon of the day following completion of production
(E) Operator sign the completed logsheets
X
X
By noon of the day following the week-ending date of the
weekly reporting period
(F) Submit the goldenrod logsheet to the observer
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(D) All other required information
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
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After signed by the operator and prior to departure of observer
from the mothership.
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
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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
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(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/yyyy) 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
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.
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(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
the following table to describe the
reason for non–submittal.
NON-SUBMITTAL OF DISCARD REPORT
CODE
(1) The catcher vessel does
not have an FFP
‘‘P’’
(2) The catcher vessel is
under 60 ft (18.3 m) LOA and
does not have an FFP
‘‘P’’
(3) The catcher vessel is
under 60 ft (18.3 m) LOA and
has an FFP
‘‘L’’
(4) The catcher vessel delivered an unsorted codend
‘‘U’’
(5) Another reason; describe
circumstances
‘‘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
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
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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
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:
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(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
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.
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Jkt 217001
(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/yyyy) 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
CODE
(1) The catcher vessel does
not have an FFP
‘‘P’’
(2) The catcher vessel is
under 60 ft (18.3 m) LOA and
does not have an FFP
‘‘P’’
(3) The catcher vessel is
under 60 ft (18.3 m) LOA and
has an FFP
‘‘L’’
(4) The catcher vessel delivered an unsorted codend
‘‘U’’
(5) Another reason; describe
circumstances
‘‘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
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.
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(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 by logging on to the eLandings
system at https://elandings.alaska.gov or
other NMFS–approved software or by
using the desktop client software.
(ii) Reporting of non–IFQ groundfish.
If the User is unable to submit
commercial fishery landings of non–IFQ
groundfish due to hardware, software,
or Internet failure for a period longer
than the required reporting time, contact
NMFS Inseason Management at 907–
586–7228 for instructions. When the
hardware, software, or Internet is
restored, the User must enter this same
information into eLandings or other
NMFS–approved software.
(iii) Reporting of IFQ crab, IFQ
halibut, and IFQ sablefish. If the User is
unable to submit commercial fishery
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landings of IFQ crab, IFQ halibut, CDQ
halibut, or IFQ sablefish due to
hardware, software, or Internet failure
for a period longer than the required
reporting time, or a change must be
made to information already submitted,
the User must complete an IFQ manual
landing report. 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. The
following additional information is
required: whether the report is original
or revised, name, telephone number,
and fax number of individual
submitting the manual landing report.
(B) The User must fax the IFQ manual
landing report to 907–586–7313.
(C) The User must retain the paper
copies of IFQ manual landing reports as
indicated at paragraph (a)(5) of this
section and make them available 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;
(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.
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(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:
Enter one of these
eLandings operation
types:
For this Federal
category:
(A) Shoreside
processor or SFP
(1) Plant/receiver
(2) Custom processing
(B) Mothership
At-sea
(C) Catcher/processor
At-sea
(D) Buying station
(1) Tender
(2) 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
type, ADF&G processor code, and
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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 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)(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).
(4) ADF&G groundfish statistical area
of harvest.
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(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
‘‘P’’
(ii) The catcher vessel is
under 60 ft (18.3 m) LOA and
does not have an FFP
‘‘P’’
(iii) The catcher vessel is
under 60 ft (18.3 m) LOA and
has an FFP
‘‘L’’
(iv) The catcher vessel delivered an unsorted codend
‘‘U’’
(v) Another reason; describe
circumstances
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(i) The catcher vessel does
not have an FFP
‘‘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:
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(1) Discard or disposition of fish: 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/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
CODE
(i) The catcher vessel does
not have an FFP
‘‘P’’
(ii) The catcher vessel is
under 60 ft (18.3 m) LOA and
does not have an FFP
‘‘P’’
(iii) The catcher vessel is
under 60 ft (18.3 m) LOA and
has an FFP
‘‘L’’
(iv) The catcher vessel delivered an unsorted codend
‘‘U’’
(v) Another reason; describe
circumstances
‘‘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 NMFS–
approved software for each groundfish
delivery from a specific vessel by noon
of the day following the delivery day.
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(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
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 NMFS–
approved 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
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17:22 Dec 12, 2008
Jkt 217001
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
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
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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 this paragraph (e)(7),
within six 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/
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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
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 this paragraph (e)(8) 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
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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
production report for a shoreside
processor or SFP: FPP number,
company name, ADF&G processor code,
User name, email 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 active
pursuant to paragraph (c)(5)(ii) 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.
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(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, email 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 catcher/
processor or mothership must enter the
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 a
mothership is active pursuant to
paragraph (c)(6)(iv) of this section, a
catcher/processor longline or pot gear is
active pursuant to paragraph
(c)(3)(iv)(B) of this section, or a catcher/
processor trawl gear is active pursuant
to paragraph (c)(4)(iv)(B) of this section,
the User for a mothership or catcher/
processor must submit a production
report by noon each day to record the
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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:
(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.
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(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
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 NMFS–
approved ELB. The Regional
Administrator maintains a list of
approved ELBs on the Alaska Region
NMFS website at https://
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
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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.
(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.
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(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.
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 email
attachment; or
(ii) If a catcher vessel, send directly to
NMFS as an email 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
For ...
If you are a ...
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) 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.
(4) Time limits and submittal. Except
as indicated in paragraph (h)(2) of this
section, the operator or manager must
submit a check–in report and a check–
out report according to the following
table:
Submit a BEGIN message
Submit a CEASE message
VerDate Aug<31>2005
17:22 Dec 12, 2008
(A) C/P using trawl gear
Before gear deployment.
Within 24 hours after departing a
reporting area but prior to checking in to another reporting area.
(B) C/P using longline or pot gear
pwalker on PROD1PC71 with RULES3
(i) Each reporting area, except
area 300, 400, 550, or 690
operator of a mothership or the manager
of a shoreside processor or SFP will
forward the ELB data export to NMFS as
an email 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–
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
check–in report submitted. The check–
in report and check–out report must be
76161
Before gear deployment. May be
checked in to more than one area
simultaneously.
Upon completion of gear retrieval
and within 24 hours after departing each reporting area.
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
For ...
pwalker on PROD1PC71 with RULES3
17:22 Dec 12, 2008
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.
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 check–in 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
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.
Upon completion of gear retrieval
for groundfish, submit a separate
check–out for each gear type for
which a check–in was submitted.
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.
Upon completion of receipt of
groundfish, submit a separate
check–out for each gear type for
which a check–in was submitted.
Prior to receiving groundfish CDQ,
if receiving groundfish under more
than one CDQ number, use a
separate check–in for each CDQ
number.
Within 24 hours after receipt of
groundfish CDQ has ceased for
each CDQ number.
Prior to fishing, submit a separate
check–in for each CDQ number.
Within 24 hours after groundfish
CDQ fishing for each CDQ number has ceased.
(A) C/P
Prior to fishing, submit a separate
check–in for each type.
Upon completion of receipt of
groundfish submit a separate
check–out for each type for which
a check–in was submitted.
Prior to receiving groundfish, submit a separate check-in for each
type.
Upon completion of receipt of
groundfish submit a separate
check–out for each type for which
a check–in was submitted.
(A) C/P
Prior to AIP fishing.
Within 24 hours after completion
of gear retrieval for AIP.
(B) MS
VerDate Aug<31>2005
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
(vii) Processor Type
(A) C/P using trawl gear
(B) C/P
(vi) Aleutian Islands Pollock
(AIP)
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.
(A) MS
(v) Exempted or Research
Fishery
Before receiving groundfish, must
check–in to reporting area(s)
where groundfish were harvested.
May be checked in to more than
one area simultaneously.
(B) MS
(iv) CDQ
Submit a CEASE message
(B) MS
(iii) Gear Type
Submit a BEGIN message
(C) MS
(ii) COBLZ or RKCSA
If you are a ...
Before receiving AIP.
Within 24 hours after receipt of
AIP has ceased.
C/P, MS
If a catcher/processor and functioning simultaneously as a
mothership in the same reporting
area, before functioning as either
processor type.
Upon completion of simultaneous
activity as both catcher/processor
and mothership, a separate
check–out, one for catcher/processor and one for mothership.
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
For ...
(ix) Interruption of production
Submit a BEGIN message
Submit a CEASE message
(A) C/P, MS
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 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.
(B) SS, SFP
(viii) Change of fishing year
If you are a ...
76163
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.
If a check–out report was not previously submitted during a fishing
year, submit a check–out report
on December 31.
SS, SFP, MS
n/a
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.
(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
C/P
SS, SFP
MS
C/P
SS, SFP
(i) Whether an original or revised report
X
X
X
X
X
X
(ii) Vessel name, ADF&G processor code, FFP
number
X
X
X
X
(iii) Processor name, ADF&G processor code,
FPP number
X
(iv) Representative name, business telephone
number, business fax number
X
X
(v) COMSAT number (if applicable)
X
(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
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)
(A) When receipt of groundfish will begin
X
X
(B) When gear deployment will begin
X
(C) When the last receipt or processing of
groundfish was completed
X
(D) When the vessel departed the reporting area
X
X
(ix) Position coordinates
(A) Where groundfish receipt begins
X
(B) Where receiving groundfish (if SFP):
X
pwalker on PROD1PC71 with RULES3
(C) Where gear is deployed
X
(D) Where the last receipt of groundfish was
completed
X
(E) Where the vessel departed the reporting area
VerDate Aug<31>2005
17:22 Dec 12, 2008
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X
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E:\FR\FM\15DER3.SGM
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76164
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
Check-in Report
Check-out Report
Required information
MS
C/P
SS, SFP
MS
C/P
SS, SFP
(x) Reporting area code
(A) Where gear deployment begins
X
(B) Where groundfish harvest occurred
X
(C) Where the last receipt of groundfish was
completed
X
(D) Where the vessel departed the reporting area
X
(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
X
(B) Expected to be harvested the following week
X
(xii) Indicate (YES or NO) whether this is a
check-in report
X
(xiii) If YES, indicate
(A) If checking-in for the first time this fishing
year
X
(B) If checking-in to restart receipt and processing of groundfish after filing a check–out report
X
(xiv) Indicate (YES or NO) whether this is a
check-out report
X
pwalker on PROD1PC71 with RULES3
(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
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.
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
X
(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
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
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X
a single offload site all sablefish
onboard the vessel.
*
*
*
*
*
■ 7. 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.
*
*
*
*
*
■ 8. In § 679.22, paragraph (b)(6) that
was revised on June 1, 2006 (71 FR
31107) effective July 3, 2006 through
December 31, 2010, 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
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
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.
*
*
*
*
*
■ 9. 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:
pwalker on PROD1PC71 with RULES3
§ 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
be inspected and approved by a NMFS–
staff 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://
alaskafisheries.noaa.gov/scales/
default.htm.
*
*
*
*
*
(vi) * * *
(A) Make the vessel and scale
available for inspection by the scale
inspector.
*
*
*
*
*
(f) * * *
(4) * * *
VerDate Aug<31>2005
17:22 Dec 12, 2008
Jkt 217001
(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/yyyy),
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)).
(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
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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 email 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.
(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.
*
*
*
*
*
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10. 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 to any IFQ holder(s)
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)(7)(i)(E)(6) 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.
■ 11. In § 679.42, paragraphs (c), (h)(3),
and (j)(8) are revised and paragraph
(h)(4) is added to read as follows:
§ 679.42
Limitations on use of QS and IFQ.
(4) Liability. Owners and operators 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.
*
*
*
*
*
■ 12. In § 679.50, paragraph (g)(1)(ix)(A)
is revised to read as follows:
§ 679.50
Groundfish Observer Program.
*
*
*
*
*
*
*
*
*
*
(g) * * *
(c) Requirements and deductions. Any
(1) * * *
individual who harvests halibut or
(ix) * * *
sablefish with fixed gear must have a
(A) Ensure that transfers of observers
valid IFQ permit, and if a hired master
at sea are carried out during daylight
is conducting the harvest, a valid IFQ
hours, under safe conditions, and with
hired master permit, aboard the vessel at the agreement of observers involved.
all times during the fishing trip and
*
*
*
*
*
present during the landing.
§§ 679.1, 679.2, 679.4, 679.5, 679.20, 679.21,
*
*
*
*
*
679.22, 679.27, 679.28, 679.40, 679.41,
(h) * * *
(3) Excess. An IFQ permit holder who 679.42, 679.50, 679.61, and 679.84
[Amended]
receives an approved IFQ allocation of
halibut or sablefish in excess of these
■ 13. At each of the locations shown in
limitations may nevertheless catch and
the Location column, remove the phrase
retain all that IFQ with a single vessel.
indicated in the ‘‘Remove’’ column and
However, two or more IFQ permit
replace it with the phrase indicated in
holders may not catch and retain their
the ‘‘Add’’ column for the number of
IFQs with one vessel in excess of these
times indicated in the ‘‘Frequency’’
limitations.
column.
Remove
Add
Frequency
§ 679.1 introductory text
under the Magnuson–Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act
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)
1
§ 679.1(a)(2)
5 AAC 28.110
5 AAC 28.111
1
§ 679.2 definition of
‘‘Authorized distributor’’
food bank distributors
food bank distributors
(see § 679.26, Prohibited Species Donation Program)
1
§ 679.2 definition of
‘‘Authorized fishing gear’’
paragraph (14)(iii) introductory text
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paragraph (10)(ix)
paragraph (14)(ix)
1
§ 679.2 definition of
‘‘Authorized fishing gear’’
paragraph (14)(iv)
paragraph (10)(iii)
paragraph (14)(iii)
1
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76167
Frequency
paragraphs (10)(iii) and (iv)
paragraphs (14)(iii) and (iv)
1
§ 679.2 definition of
‘‘Basis species’’
authorized to harvest
authorized to harvest
(see Tables 10 and 11 to this part)
1
§ 679.2 definition of
‘‘Catcher/processor’’ introductory text
Catcher/processor means:
Catcher/processor (C/P) means:
1
§ 679.2 definition of
‘‘Catcher vessel’’
Catcher vessel means
Catcher vessel (CV) means
1
§ 679.2 definition of
‘‘Legal rockfish landing
for purposes of qualifying for the Rockfish
Program’’ paragraph
(2)(i)
Weekly Production Report
production report
1
§ 679.2 definition of
‘‘Person’’
other entity
other non-individual entity
1
§ 679.2 definition of
‘‘Prohibited species’’
regulated under this part
issued an FFP under § 679.4(b)
1
§ 679.2 definition of
‘‘Stationary floating processor’’
Stationary floating processor
Stationary floating processor (SFP)
1
§ 679.2 definition of
‘‘U.S. Citizen’’ paragraph
(2)(ii)
other entity
other non-individual entity
1
§ 679.2 definition of
‘‘Vessel operations category’’
§ 679.5(b)(3)
§ 679.4(b)(3)
1
§ 679.2 definition of
‘‘Weekly production report (WPR)’’
(see § 679.5(i))
is no longer required (see § 679.5(e)(9) and (10))
1
§ 679.4(b)(5)(ii)
owner; and the name
owner; and if applicable, the name
1
§ 679.4(b)(5)(iii)
horsepower; whether this is a vessel of the
United States; and whether this vessel will be
used as a stationary floating processor.
horsepower; and whether this is a vessel of the
United States.
1
§ 679.4(d)(1)(i), (d)(2)(i),
(d)(3)(i), and (d)(3)(iv)
suspended, or modified
suspended, surrendered in accordance with paragraph (a)(9) of this section, or modified
1
§ 679.4(k) heading
Licenses for license limitation groundfish or crab
species
Licenses for license limitation program (LLP)
groundfish or crab species
1
§ 679.4(k)(3)(ii)(A)(3)
and (k)(4) introductory
text
Weekly Production Reports
production reports
1
§ 679.4(k)(5)(iv)
Pacific time
Alaska local time
1
§ 679.5(g)(1)(i) heading
Groundfish.
Groundfish and donated prohibited species.
1
§ 679.5(p)(2)
Alaska Department of Fish & Game, Division of
Commercial Fisheries
ADF&G Division of Commercial Fisheries
1
§ 679.5(r)(3)
SPELR
eLandings
2
§ 679.5(r)(5) heading
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§ 679.2 definition of
‘‘Authorized fishing gear’’
paragraph (14)(v)
Weekly production report (WPR).
Production reports.
1
§ 679.5(r)(5)
submit a WPR as described in paragraph (i) of
this section
submit a production report as described in paragraphs (e)(9) and (10) of this section
1
§ 679.5(r)(10)(i)(B)(2)
as reported in a WPR
as reported in a production report
1
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Frequency
§ 679.20(e) heading
Maximum retainable amounts—
Maximum retainable amounts (MRA)—
1
§ 679.20(g)(2)(iii)
§ 679.5(a)(9)
§ 679.5(a)(7)(v)(C)
1
§ 679.21(a)(2)
motherships and shoreside processors
motherships, shoreside processors, and SFPs
1
§ 679.21(e)(7)(vii)
during August
during the period August
1
§ 679.22(b)(1)(iii)
open to any trawl other than a pelagic trawl gear
year round.
open unless otherwise closed to trawling.
1
§ 679.27(j)(2)
weekly production report required at § 679.5(i)
production report required at § 679.5(e)(10)
1
§ 679.28(c)(3)(i)
§ 679.5(a)(13)
§ 679.5(a)(5)(ii)
1
§ 679.40(a)(2)(i)(D)
other entity
other non-individual entity
1
§ 679.40(a)(3)(v)(B)
WPRs
production reports
1
§ 679.40(a)(6)(i)
corporation or partnership
corporation, partnership, or other non-individual
entity
2
§ 679.41(d)(2)(ii)
A corporation, partnership, or other entity.
A corporation, partnership, or other non-individual
entity.
1
§ 679.42(j) heading
corporations and partnerships
corporations, partnerships, or other non-individual
entities
1
§ 679.42(j)
corporation, partnership, or other entity
corporation, partnership, association, or other
non-individual entity
13
§ 679.42(j)
corporation or partnership
corporation, partnership, association, or other
non individual entity
10
§ 679.50(c)(3)(i)
weekly production report submitted to the Regional Administrator under § 679.5(i).
production report submitted to the Regional Administrator under § 679.5(e)(10).
1
§ 679.50(c)(3)(ii)
weekly production report submitted to the Regional Administrator for that week by the
mothership under § 679.5(i).
production reports submitted to the Regional Administrator under § 679.5(e)(10).
1
§ 679.61(d)(1)
paragraph (c) of this section
this paragraph (d)
1
§ 679.61(e)(1)
paragraph (c) of this section
this paragraph (e)
1
§ 679.84(b)
§ 679.4(m)
§ 679.4(n)
1
14. The map in Figure 3 to part 679
is revised to read as follows:
■
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*
*
VerDate Aug<31>2005
*
*
17:22 Dec 12, 2008
15. The heading for Figure 5 to part
679 and the map are revised to read as
follows:
■
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Figure 5 to Part 679—Kodiak Island
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*
76169
76170
*
*
VerDate Aug<31>2005
*
*
17:22 Dec 12, 2008
16. Figure 7 to part 679 is revised to
read as follows:
■
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*
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
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17. Figure 12 to part 679 and its
heading are revised to read as follows:
■
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18. Table 1 to part 679 is removed;
Tables 1a, 1b, and 1c to part 679 are
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—
Continued
GENERAL USE CODES
Description
Description
Code
Belly flaps. Flesh in region of
pelvic and pectoral fins and behind head (ancillary only).
Code
Description
Code
Bled only. Throat or isthmus
slit to allow blood to drain.
03
37
42
Butterfly, no backbone.
Head removed, belly slit,
viscera and most of backbone
removed; fillets attached.
Cheeks. Muscles on sides of
head (ancillary only).
17
Bones (if meal, report as 32)
(ancillary only).
GENERAL USE CODES
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GENERAL USE CODES
Bled fish destined for fish meal
(includes offsite production).
DO NOT RECORD ON PTR.
TABLE 1A TO PART 679—DELIVERY
CONDITION AND PRODUCT CODES
39
19
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TABLE 1A TO PART 679—DELIVERY
CONDITION AND PRODUCT CODES—
Continued
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
TABLE 1A TO PART 679—DELIVERY
CONDITION AND PRODUCT CODES—
Continued
TABLE 1A TO PART 679—DELIVERY
CONDITION AND PRODUCT CODES—
Continued
GENERAL USE CODES
Description
76173
TABLE 1B TO PART 679—DISCARD
AND DISPOSITION CODES
Description
GENERAL USE CODES
Code
Confiscation.
63
Deadloss (crab only).
79
Halibut retained for future sale
(Halibut only).
87
Overage (Specify overage type
in comment).
62
Tagged Fish (Exempt from
IFQ).
64
Whole fish/bait, not sold. Used
as bait on board vessel.
92
Whole fish/bait, sold.
61
Whole fish/discard at sea.
Whole groundfish and prohibited species discarded by
catcher vessels, catcher/processors, motherships, or
tenders. DO NOT RECORD
ON PTR.
98
93
15
Whole fish/discard, damaged.
Whole fish damaged by observer’s sampling procedures.
Whole fish/discard, decomposed. Decomposed or previously discarded fish.
89
88
Code
Description
Code
Chins. Lower jaw (mandible),
muscles, and flesh (ancillary
only).
18
Heads. Heads only, regardless
where severed from body (ancillary only).
16
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.
24
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.
11
Fillets, skinless/boneless. Meat
with both skin and ribs removed, from sides of body behind head and in front of tail.
23
Mantles, octopus or squid.
Flesh after removal of viscera
and arms.
36
Milt (in sacs, or testes) (ancillary only).
34
Minced. Ground flesh.
31
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.
97
Pectoral girdle. Collar bone
and associated bones, cartilage and flesh.
22
Fillets with skin and ribs.
Meat and skin with ribs attached, from sides of body behind head and in front of tail.
20
Fillets with skin, no ribs.
Meat and skin with ribs removed, from sides of body behind head and in front of tail.
21
32
Roe. Eggs, either loose or in
sacs, or skeins (ancillary only).
14
Fish meal. Meal from whole
fish or fish parts; includes bone
meal.
12
33
Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to
tail but remaining attached
near tail. Product salted.
Whole fish/discard, infested.
Flea-infested fish, parasite-infested fish.
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.
Stomachs. Includes all internal
organs (ancillary only).
35
04
Surimi. Paste from fish flesh
and additives.
30
Gutted, head off. Belly slit and
viscera removed.
05
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.
99
Gutted, head on. Belly slit and
viscera removed.
Whole fish or shellfish/food
fish.
01
06
07
Wings. On skates, side fins are
cut off next to body.
13
Headed and gutted, Western
cut.
Head removed just in front of
the collar bone, and viscera removed.
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.
86
Head and gutted, with roe.
08
Whole fish/fish meal.
Whole fish destined for meal
(includes offsite production.)
DO NOT RECORD ON PTR.
41
Headed and gutted, Eastern
cut.
Head removed just behind the
collar bone, and viscera removed.
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Fillets with ribs, no skin.
Meat with ribs with skin removed, from sides of body behind head and in front of tail.
95
Headed and gutted, tail removed.
Head removed usually in front
of collar bone, and viscera and
tail removed.
10
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.
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SHELLFISH ONLY
Soft shell crab
75
Bitter crab
76
Deadloss
79
Sections
80
Meat
81
NOTE: When using whole fish codes, record
round weights not product weights, even if the
whole fish is not used.
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TABLE 1B TO PART 679—DISCARD
AND DISPOSITION CODES—Continued
Description
Whole fish/sold, for human
consumption.
Code
TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH—Continued
Species Description
Code
Species Description
Code
185
Tiger (S. nigrocinctus)
148
Black (BSAI) (S.
melanops)
142
Vermilion (S. miniatus)
184
Widow (S. entomelas)
156
Blackgill (S.
melanostomus)
177
Yelloweye (S. ruberrimus)
145
60
Aurora (Sebastes aurora)
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
TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH—Continued
Blue (BSAI) (S. mystinus)
155
146
Sablefish (blackcod)
710
178
Sculpins
160
China (S. nebulosus)
149
SHARKS
Copper (S. caurinus)
138
Darkblotched (S. crameri)
159
Other (if salmon, spiny
dogfish or Pacific sleeper shark
— use specific species code)
Dusky (S. ciliatus)
R
Yellowtail (S. flavidus)
Chilipepper (S. goodei)
Reprocessed or rehandled
product.
A product, such as meal, that
results from processing a previously reported product or
from rehandling a previously
reported product.
137
Canary (S. pinniger)
P
175
154
Pacific sleeper
692
135
Salmon
690
Spiny dogfish
691
A
Primary product.
A product, such as fillets, made
from each fish, with the highest
recovery rate.
Yellowmouth (S. reedi)
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.
167
Bocaccio (S. paucispinis)
Description
Greenstriped (S.
elongatus)
689
Harlequin (S. variegatus)
176
Northern (S. polyspinis)
136
Pacific Ocean perch (S.
alutus)
141
Pygmy (S. wilsoni)
179
Quillback (S. maliger)
147
Other (If longnose or big
skate — use specific species
code)
Redbanded (S. babcocki)
153
SOLE
Redstripe (S. proriger)
158
Butter
126
150
Dover
124
English
128
Flathead
122
Petrale
131
Rex
125
Rock
123
Sand
132
Yellowfin
127
TABLE 2A TO PART 679—SPECIES
CODES: FMP GROUNDFISH
Species Description
193
Flatfish, miscellaneous(flatfish
species without separate
codes)
Big
120
Rosethorn (S.
helvomaculatus)
Rougheye (S. aleutianus)
FLOUNDER
151
Alaska plaice
133
Sharpchin (S. zacentrus)
166
Arrowtooth and/or
Kamchatka
121
Shortbelly (S. jordani)
181
Shortraker (S. borealis)
152
Silvergray (S. brevispinis)
157
Splitnose (S. diploproa)
182
Stripetail (S. saxicola)
183
Starry
129
Octopus, North Pacific
870
Pacific cod
110
Pollock
270
701
700
143
Squid, majestic
875
Turbot, Greenland
Thornyhead (all
Sebastolobus species)
ROCKFISH
702
Longnose
Code
Atka mackerel (greenling)
SKATES
134
pwalker on PROD1PC71 with RULES3
TABLE 2B TO PART 679—SPECIES CODES: FMP PROHIBITED SPECIES AND CR CRAB
Species Description
Code
CRAB
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76175
TABLE 2B TO PART 679—SPECIES CODES: FMP PROHIBITED SPECIES AND CR CRAB—Continued
Box
Lopholithodes mandtii
900
✓
Dungeness
Cancer magister
910
✓
King, blue
Paralithodes platypus
922
✓
✓
King, golden (brown)
Lithodes aequispinus
923
✓
✓
King, red
Paralithodes camtshaticus
921
✓
✓
King, scarlet (deepsea)
Lithodes couesi
924
✓
Korean horsehair crab
Erimacrus isenbeckii
940
✓
Multispinus crab
Paralomis multispinus
951
✓
Tanner, Bairdi
Chionoecetes bairdi
931
Tanner, grooved
Chionoecetes tanneri
933
Tanner, snow
Chionoecetes opilio
932
Tanner, triangle
Chionoecetes angulatus
934
✓
Verrilli crab
Paralomis verrilli
953
✓
PACIFIC HALIBUT
Hippoglossus stenolepis
200
✓
PACIFIC HERRING
Family Clupeidae
235
✓
Chinook (king)
Oncorhynchus tshawytscha
410
✓
Chum (dog)
Oncorhynchus keta
450
✓
Coho (silver)
Oncorhynchus kisutch
430
✓
Pink (humpback)
Oncorhynchus gorbuscha
440
✓
Sockeye (red)
Oncorhynchus nerka
420
✓
Oncorhynchus mykiss
540
✓
✓
✓
✓
✓
✓
SALMON
STEELHEAD TROUT
*
*
*
*
*
19. Table 2d to part 679 is revised to
read as follows:
■
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
GENERAL USE
GENERAL USE
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES
Species Description
Code
GENERAL USE
Whitespot
192
Pacific saury
220
Species Description
Code
Code
Grenadier, giant
214
Pacific tomcod
250
Arctic char (anadromous)
521
Grenadier (rattail)
213
Poacher (Family Agonidae)
219
Bering flounder
(Hippoglossoides robustus)
116
Jellyfish (unspecified)
625
Prowfish
215
Lamprey, Pacific
600
Ratfish
714
Dolly varden (anadromous)
531
Lingcod
130
Rockfish, black (GOA)
142
Eels or eel-like fish
210
Lumpsucker
216
Rockfish, blue (GOA)
167
Eel, wolf
217
Pacific flatnose
260
Sardine, Pacific (pilchard)
170
Pacific hagfish
212
Sea cucumber, red
895
pwalker on PROD1PC71 with RULES3
Species Description
GREENLING
Kelp
194
Pacific hake
112
Rock
191
Pacific lamprey
600
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TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
GENERAL USE
TABLE 2D TO PART 679—SPECIES
CODES: NON-FMP SPECIES—Continued
GENERAL USE
GENERAL USE
Species Description
Code
Species Description
Species Description
Code
Code
Shad
180
Eastern softshell
842
Skilfish
715
Pacific geoduck
815
Coonstripe
964
Snailfish, general (genus
Liparis and genus Careproctus)
218
Pacific littleneck
840
Humpy
963
830
961
680
Pacific razor
Northern (pink)
Sturgeon, general
810
962
211
Washington butter
Sidestripe
Wrymouths
Coral
899
Spot
965
Mussel, blue
855
Oyster, Pacific
880
SHELLFISH
Abalone, northern (pinto)
860
CLAMS
Arctic surf
812
Scallop, weathervane
820
Scallop, pink (or calico)
851
Snails
890
Urchin, green sea
893
Urchin, red sea
850
Cockle
SHRIMP
892
20. Table 4 to part 679 is revised to
read as follows:
■
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS
Column Number 1
2
3
Site Name
Area or Subarea
4
5
Boundaries to1
Boundaries from
Latitude
6
Longitude
Latitude
7
Pollock No-fishing Zones for
Trawl Gear2,8
(nm)
Longitude
Bering Sea
63°04.00 N
168°51.00 W
20
St. Lawrence I./SW Cape
Bering Sea
63°18.00 N
171°26.00 W
20
Hall I.
Bering Sea
60°37.00 N
173°00.00 W
20
St. Paul I./Sea Lion Rock
Bering Sea
57°06.00 N
170°17.50 W
3
St. Paul I./NE Pt.
Bering Sea
57°15.00 N
170°06.50 W
3
Walrus I. (Pribilofs)
Bering Sea
57°11.00 N
169°56.00 W
10
St. George I./Dalnoi Pt.
Bering Sea
56°36.00 N
169°46.00 W
3
St. George I./S Rookery
Bering Sea
56°33.50 N
169°40.00 W
3
Cape Newenham
Bering Sea
58°39.00 N
162°10.50 W
20
Round (Walrus Islands)
Bering Sea
58°36.00 N
159°58.00 W
20
Attu I./Cape Wrangell
Aleutian I.
52°54.60 N
172°27.90 E
Agattu I./Gillon Pt.
Aleutian I.
52°24.13 N
173°21.31 E
20
Attu I./Chirikof Pt.
Aleutian I.
52°49.75 N
173°26.00 E
20
Agattu I./Cape Sabak
Aleutian I.
52°22.50 N
173°43.30 E
52°21.80 N
173°41.40 E
20
Alaid I.
pwalker on PROD1PC71 with RULES3
St. Lawrence I./S Punuk I.
Aleutian I.
52°46.50 N
173°51.50 E
52°45.00 N
173°56.50 E
20
Shemya I.
Aleutian I.
52°44.00 N
174°08.70 E
Buldir I.
Aleutian I.
52°20.25 N
175°54.03 E
52°20.38 N
175°53.85 E
20
Kiska I./Cape St. Stephen
Aleutian I.
51°52.50 N
177°12.70 E
51°53.50 N
177°12.00 E
20
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172°27.20 E
20
20
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15DER3
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
76177
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Kiska I./Sobaka & Vega
Aleutian I.
51°49.50 N
177°19.00 E
51°48.50 N
177°20.50 E
20
Kiska I./Lief Cove
Aleutian I.
51°57.16 N
177°20.41 E
51°57.24 N
177°20.53 E
20
Kiska I./Sirius Pt.
Aleutian I.
52°08.50 N
177°36.50 E
20
Tanadak I. (Kiska)
Aleutian I.
51°56.80 N
177°46.80 E
20
Segula I.
Aleutian I.
51°59.90 N
178°05.80 E
Ayugadak Point
Aleutian I.
51°45.36 N
178°24.30 E
20
Rat I./Krysi Pt.
Aleutian I.
51°49.98 N
178°12.35 E
20
Little Sitkin I.
Aleutian I.
51°59.30 N
178°29.80 E
20
Amchitka I./Column Rocks
Aleutian I.
51°32.32 N
178°49.28 E
20
Amchitka I./East Cape
Aleutian I.
51°22.26 N
179°27.93 E
Amchitka I./Cape Ivakin
Aleutian I.
51°24.46 N
179°24.21 E
Semisopochnoi/Petrel Pt.
Aleutian I.
52°01.40 N
179°36.90 E
Semisopochnoi I./Pochnoi Pt.
Aleutian I.
51°57.30 N
179°46.00 E
20
Amatignak I. Nitrof Pt.
Aleutian I.
51°13.00 N
179°07.80 W
20
Unalga & Dinkum Rocks
Aleutian I.
51°33.67 N
179°04.25 W
51°35.09 N
179°03.66 W
20
Ulak I./Hasgox Pt.
Aleutian I.
51°18.90 N
178°58.90 W
51°18.70 N
178°59.60 W
20
Kavalga I.
Aleutian I.
51°34.50 N
178°51.73 W
51°34.50 N
178°49.50 W
20
Tag I.
Aleutian I.
51°33.50 N
178°34.50 W
20
Ugidak I.
Aleutian I.
51°34.95 N
178°30.45 W
20
Gramp Rock
Aleutian I.
51°28.87 N
178°20.58 W
20
Tanaga I./Bumpy Pt.
Aleutian I.
51°55.00 N
177°58.50 W
Bobrof I.
Aleutian I.
51°54.00 N
177°27.00 W
20
Kanaga I./Ship Rock
Aleutian I.
51°46.70 N
177°20.72 W
20
Kanaga I./North Cape
Aleutian I.
51°56.50 N
177°09.00 W
20
Adak I.
Aleutian I.
51°35.50 N
176°57.10 W
Little Tanaga Strait
Aleutian I.
51°49.09 N
176°13.90 W
Great Sitkin I.
Aleutian I.
52°06.00 N
176°10.50 W
Anagaksik I.
Aleutian I.
51°50.86 N
175°53.00 W
20
Kasatochi I.
Aleutian I.
52°11.11 N
175°31.00 W
20
Aleutian I.
52°24.20 N
174°17.80 W
20
Aleutian I.
52°01.80 N
173°23.90 W
20
Sagigik I.11
Aleutian I.
52°00.50 N
173°09.30 W
20
Amlia I./East11
Aleutian I.
52°05.70 N
172°59.00 W
Tanadak I. (Amlia11)
Aleutian I.
52°04.20 N
172°57.60 W
20
Agligadak I.11
Aleutian I.
52°06.09 N
172°54.23 W
20
Seguam I./Saddleridge Pt.11
Aleutian I.
52°21.05 N
172°34.40 W
52°21.02 N
172°33.60 W
20
Seguam I./Finch Pt.
Aleutian I.
52°23.40 N
172°27.70 W
52°23.25 N
172°24.30 W
20
Seguam I./South Side
Aleutian I.
52°21.60 N
172°19.30 W
52°15.55 N
172°31.22 W
20
Atka I./North Cape
pwalker on PROD1PC71 with RULES3
Amlia I./Sviech.
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52°03.06 N
51°22.00 N
178°08.80 E
179°27.00 E
20
20
20
52°01.50 N
51°55.00 N
51°37.40 N
179°39.00 E
177°57.10 W
176°59.60 W
20
20
20
20
52°06.60 N
52°05.75 N
E:\FR\FM\15DER3.SGM
176°07.00 W
172°57.50 W
15DER3
20
20
76178
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Amukta I. & Rocks
Aleutian I.
52°27.25 N
171°17.90 W
20
Chagulak I.
Aleutian I.
52°34.00 N
171°10.50 W
20
Yunaska I.
Aleutian I.
52°41.40 N
170°36.35 W
20
Uliaga3
Bering Sea
53°04.00 N
169°47.00 W
Chuginadak
Gulf of Alaska
52°46.70 N
169°41.90 W
20
Kagamil3
Bering Sea
53°02.10 N
169°41.00 W
20,10
Samalga
Gulf of Alaska
52°46.00 N
169°15.00 W
20
Bering Sea
52°54.70 N
169°10.50 W
10
Umnak I./Cape Aslik3
Bering Sea
53°25.00 N
168°24.50 W
BA
Ogchul I.
Gulf of Alaska
52°59.71 N
168°24.24 W
20
Bering Sea
53°55.69 N
168°02.05 W
BA
Polivnoi Rock
Gulf of Alaska
53°15.96 N
167°57.99 W
20
Emerald I.
Gulf of Alaska
53°17.50 N
167°51.50 W
20
Unalaska/Cape Izigan
Gulf of Alaska
53°13.64 N
167°39.37 W
20
Unalaska/Bishop Pt.9
Bering Sea
53°58.40 N
166°57.50 W
10
Akutan I./Reef-lava9
Bering Sea
54°08.10 N
166°06.19 W
Unalaska I./Cape Sedanka6
Gulf of Alaska
53°50.50 N
166°05.00 W
20
Old Man Rocks6
Gulf of Alaska
53°52.20 N
166°04.90 W
20
Akutan I./Cape Morgan6
Gulf of Alaska
54°03.39 N
165°59.65 W
54°03.70 N
166°03.68 W
20
Akun I./Billings Head9
Bering Sea
54°17.62 N
165°32.06 W
54°17.57 N
165°31.71 W
10
Rootok6
Gulf of Alaska
54°03.90 N
165°31.90 W
54°02.90 N
165°29.50 W
20
Tanginak I.6
Gulf of Alaska
54°12.00 N
165°19.40 W
Tigalda/Rocks NE6
Gulf of Alaska
54°09.60 N
164°59.00 W
Unimak/Cape Sarichef9
Bering Sea
54°34.30 N
164°56.80 W
10
Aiktak6
Gulf of Alaska
54°10.99 N
164°51.15 W
20
Ugamak I.6
Gulf of Alaska
54°13.50 N
164°47.50 W
Gulf of Alaska
54°12.05 N
164°46.60 W
20
Bering Sea
55°27.82 N
163°12.10 W
10
Amak I. And rocks9
Bering Sea
55°24.20 N
163°09.60 W
Bird I.
Gulf of Alaska
54°40.00 N
163°17.2 W
10
Caton I.
Gulf of Alaska
54°22.70 N
162°21.30 W
3
South Rocks
Gulf of Alaska
54°18.14 N
162°41.3 W
10
Clubbing Rocks (S)
Gulf of Alaska
54°41.98 N
162°26.7 W
10
Clubbing Rocks (N)
Gulf of Alaska
54°42.75 N
162°26.7 W
10
Pinnacle Rock
Gulf of Alaska
54°46.06 N
161°45.85 W
3
Sushilnoi Rocks
Gulf of Alaska
54°49.30 N
161°42.73 W
10
Olga Rocks
Gulf of Alaska
55°00.45 N
161°29.81 W
Jude I.
Gulf of Alaska
55°15.75 N
161°06.27 W
Adugak
I.3
Bogoslof I./Fire
I.3
Round (GOA)6
pwalker on PROD1PC71 with RULES3
Sea Lion Rock
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53°05.00 N
54°09.10 N
169°46.00 W
166°05.50 W
20,10
10
20
54°09.12 N
54°12.80 N
55°26.15 N
54°59.09 N
E:\FR\FM\15DER3.SGM
164°57.18 W
164°47.50 W
163°08.50 W
161°30.89 W
20
20
10
10
20
15DER3
76179
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Gulf of Alaska
55°04.70 N
160°31.04 W
Nagai I./Mountain Pt.
Gulf of Alaska
54°54.20 N
160°15.40 W
The Whaleback
Gulf of Alaska
55°16.82 N
160°05.04 W
Chernabura I.
Gulf of Alaska
54°45.18 N
159°32.99 W
Castle Rock
Gulf of Alaska
55°16.47 N
159°29.77 W
3
Atkins I.
Gulf of Alaska
55°03.20 N
159°17.40 W
20
Spitz I.
Gulf of Alaska
55°46.60 N
158°53.90 W
3
Mitrofania
Gulf of Alaska
55°50.20 N
158°41.90 W
3
Kak
Gulf of Alaska
56°17.30 N
157°50.10 W
20
Lighthouse Rocks
Gulf of Alaska
55°46.79 N
157°24.89 W
20
Sutwik I.
Gulf of Alaska
56°31.05 N
157°20.47 W
56°32.00 N
157°21.00 W
20
Chowiet I.
Gulf of Alaska
56°00.54 N
156°41.42 W
56°00.30 N
156°41.60 W
20
Nagai Rocks
Gulf of Alaska
55°49.80 N
155°47.50 W
Chirikof I.
Gulf of Alaska
55°46.50 N
155°39.50 W
Puale Bay12
Gulf of Alaska
57°40.60 N
155°23.10 W
3,10
Kodiak/Cape Ikolik
Gulf of Alaska
57°17.20 N
154°47.50 W
3
Takli I.
Gulf of Alaska
58°01.75 N
154°31.25 W
10
Cape Kuliak
Gulf of Alaska
58°08.00 N
154°12.50 W
10
Cape Gull
Gulf of Alaska
58°11.50 N
154°09.60 W
Kodiak/Cape Ugat
Gulf of Alaska
57°52.41 N
153°50.97 W
10
Sitkinak/Cape Sitkinak
Gulf of Alaska
56°34.30 N
153°50.96 W
10
Shakun Rock
Gulf of Alaska
58°32.80 N
153°41.50 W
10
Twoheaded I.
Gulf of Alaska
56°54.50 N
153°32.75 W
Cape Douglas (Shaw I.)12
Gulf of Alaska
59°00.00 N
153°22.50 W
20, 10
Kodiak/Cape Barnabas
Gulf of Alaska
57°10.20 N
152°53.05 W
3
Kodiak/Gull Point4
Gulf of Alaska
57°21.45 N
152°36.30 W
10, 3
Latax Rocks
Gulf of Alaska
58°40.10 N
152°31.30 W
10
Ushagat I./SW
Gulf of Alaska
58°54.75 N
152°22.20 W
10
Ugak I.4
Gulf of Alaska
57°23.60 N
152°17.50 W
Sea Otter I.
Gulf of Alaska
58°31.15 N
152°13.30 W
10
Long I.
Gulf of Alaska
57°46.82 N
152°12.90 W
10
Sud I.
Gulf of Alaska
58°54.00 N
152°12.50 W
10
Kodiak/Cape Chiniak
Gulf of Alaska
57°37.90 N
152°08.25 W
10
Sugarloaf I.
Gulf of Alaska
58°53.25 N
152°02.40 W
20
Sea Lion Rocks (Marmot)
pwalker on PROD1PC71 with RULES3
Sea Lion Rocks (Shumagins)
Gulf of Alaska
58°20.53 N
151°48.83 W
10
Marmot I.5
Gulf of Alaska
58°13.65 N
151°47.75 W
Nagahut Rocks
Gulf of Alaska
59°06.00 N
151°46.30 W
10
Perl
Gulf of Alaska
59°05.75 N
151°39.75 W
10
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54°56.00 N
160°15.00 W
3
3
54°45.87 N
159°35.74 W
20
20
55°46.44 N
58°12.50 N
56°53.90 N
57°21.90 N
58°09.90 N
E:\FR\FM\15DER3.SGM
155°43.46 W
154°10.50 W
153°33.74 W
152°17.40 W
151°52.06 W
15DER3
20
10
10
10, 3
15, 20
76180
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS—Continued
Gore Point
Gulf of Alaska
59°12.00 N
150°58.00 W
10
Outer (Pye) I.
Gulf of Alaska
59°20.50 N
150°23.00 W
Steep Point
Gulf of Alaska
59°29.05 N
150°15.40 W
10
Seal Rocks (Kenai)
Gulf of Alaska
59°31.20 N
149°37.50 W
10
Chiswell Islands
Gulf of Alaska
59°36.00 N
149°34.00 W
10
Rugged Island
Gulf of Alaska
59°50.00 N
149°23.10 W
Point Elrington7, 10
Gulf of Alaska
59°56.00 N
148°15.20 W
Perry I.7
Gulf of Alaska
60°44.00 N
147°54.60 W
The Needle7
Gulf of Alaska
60°06.64 N
147°36.17 W
Point Eleanor7
Gulf of Alaska
60°35.00 N
147°34.00 W
Wooded I. (Fish I.)
Gulf of Alaska
59°52.90 N
147°20.65 W
Glacier Island7
Gulf of Alaska
60°51.30 N
147°14.50 W
Seal Rocks (Cordova)10
Gulf of Alaska
60°09.78 N
146°50.30 W
20
Cape Hinchinbrook10
Gulf of Alaska
60°14.00 N
146°38.50 W
20
Middleton I.
Gulf of Alaska
59°28.30 N
146°18.80 W
10
Hook Point10
Gulf of Alaska
60°20.00 N
146°15.60 W
20
Cape St. Elias
Gulf of Alaska
59°47.50 N
144°36.20 W
20
59°21.00 N
59°51.00 N
150°24.50 W
149°24.70 W
20
10
20
20
1Where
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.
2Closures as stated in § 679.22(a)(7)(iv), (a)(8)(ii), and (b)(2)(ii).
3This 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.
4Trawl 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.
5Trawl 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.
6Restriction area includes only waters of the Gulf of Alaska Area.
7Contact the Alaska Department of Fish and Game for fishery restrictions at these sites.
8No-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.
9This 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.
10The 20 nm closure around this site is effective in federal waters outside of State of Alaska waters of Prince William Sound.
11Some 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.
12The 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.
21. Table 9 is removed and reserved;
and Tables 10, 11, and 12 to part 679 are
revised to read as follows:
■
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
BILLING CODE 3510–22–C
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TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3NM NO GROUNDFISH FISHING SITES
Column Number 1
Site Name
2
3
4
Area or Subarea
5
Boundaries from
Latitude
6
Boundaries
Longitude
Latitude
7
to1
No transit23
(nm)
Longitude
Bering Sea
57°11.00 N
169°56.00 W
Attu I./Cape Wrangell
Aleutian I.
52°54.60 N
172°27.90 E
Agattu I./Gillon Pt.
Aleutian I.
52°24.13 N
173°21.31 E
Agattu I./Cape Sabak
Aleutian I.
52°22.50 N
173°43.30 E
52°21.80 N
173°41.40 E
Y
Buldir I.
Aleutian I.
52°20.25 N
175°54.03 E
52°20.38 N
175°53.85 E
Y
Kiska I./Cape St. Stephen
Aleutian I.
51°52.50 N
177°12.70 E
51°53.50 N
177°12.00 E
Y
Kiska I./Lief Cove
Aleutian I.
51°57.16 N
177°20.41 E
51°57.24 N
177°20.53 E
Y
Ayugadak Point
Aleutian I.
51°45.36 N
178°24.30 E
Y
Amchitka I./Column Rocks
Aleutian I.
51°32.32 N
178°49.28 E
Y
Amchitka I./East Cape
Aleutian I.
51°22.26 N
179°27.93 E
51°22.00 N
179°27.00 E
Y
Semisopochnoi/Petrel Pt.
Aleutian I.
52°01.40 N
179°36.90 E
52°01.50 N
179°39.00 E
Y
Semisopochnoi I./Pochnoi Pt.
Aleutian I.
51°57.30 N
179°46.00 E
Ulak I./Hasgox Pt.
Aleutian I.
51°18.90 N
178°58.90 W
Tag I.
Aleutian I.
51°33.50 N
178°34.50 W
Y
Gramp Rock
Aleutian I.
51°28.87 N
178°20.58 W
Y
Adak I.
Aleutian I.
51°35.50 N
176°57.10 W
Kasatochi I.
Aleutian I.
52°11.11 N
175°31.00 W
Y
Agligadak I.
Aleutian I.
52°06.09 N
172°54.23 W
Y
Seguam I./Saddleridge Pt.
Aleutian I.
52°21.05 N
172°34.40 W
Yunaska I.
Aleutian I.
52°41.40 N
170°36.35 W
Y
Adugak I.
Bering Sea
52°54.70 N
169°10.50 W
Y
Ogchul I.
Gulf of Alaska
52°59.71 N
168°24.24 W
Y
Bogoslof I./Fire I.
Bering Sea
53°55.69 N
168°02.05 W
Y
Akutan I./Cape Morgan
Gulf of Alaska
54°03.39 N
165°59.65 W
54°03.70 N
166°03.68 W
Y
Akun I./Billings Head
Bering Sea
54°17.62 N
165°32.06 W
54°17.57 N
165°31.71 W
Y
Ugamak I.
Gulf of Alaska
54°13.50 N
164°47.50 W
54°12.80 N
164°47.50 W
Y
Sea Lion Rock (Amak)
Bering Sea
55°27.82 N
163°12.10 W
Y
Clubbing Rocks (S)
Gulf of Alaska
54°41.98 N
162°26.7 W
Y
Clubbing Rocks (N)
Gulf of Alaska
54°42.75 N
162°26.7 W
Y
Pinnacle Rock
Gulf of Alaska
54°46.06 N
161°45.85 W
Y
Chernabura I.
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Walrus I. (Pribilofs)
Gulf of Alaska
54°45.18 N
159°32.99 W
Atkins I.
Gulf of Alaska
55°03.20 N
159°17.40 W
Chowiet I.
Gulf of Alaska
56°00.54 N
156°41.42 W
56°00.30 N
156°41.60 W
Y
Chirikof I.
Gulf of Alaska
55°46.50 N
155°39.50 W
55°46.44 N
155°43.46 W
Y
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Y
52°55.40 N
172°27.20 E
Y
Y
Y
51°18.70 N
51°37.40 N
52°21.02 N
54°45.87 N
178°59.60 W
176°59.60 W
172°33.60 W
159°35.74 W
Y
Y
Y
Y
Y
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TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3NM NO GROUNDFISH FISHING SITES—Continued
Sugarloaf I.
Gulf of Alaska
58°53.25 N
152°02.40 W
Y
Marmot I.
Gulf of Alaska
58°13.65 N
151°47.75 W
58°09.90 N
151°52.06 W
Y
Outer (Pye) I.
Gulf of Alaska
59°20.50 N
150°23.00 W
59°21.00 N
150°24.50 W
Y
Wooded I. (Fish I.)
Gulf of Alaska
59°52.90 N
147°20.65 W
Seal Rocks (Cordova)
Gulf of Alaska
60°09.78 N
146°50.30 W
1Where
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.
2See 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.
22. Tables 14a and 14b to part 679 are
revised to read as follows:
■
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
NMFS Code
ADF&G
Code
Moser Bay
312
MOS
FBK
Naknek
149
NAK
306
GAL
Nenana
313
NEN
Glacier Bay
307
GLB
Nikiski (or
Nikishka)
150
NIK
Ninilchik
151
NIN
Nome
152
NOM
NMFS Code
ADF&G
Code
False Pass
125
FSP
Fairbanks
305
Galena
Port Name
Port Name
NMFS Code
ADF&G
Code
Adak
186
ADA
Akutan,
Akutan Bay
101
AKU
Alitak
103
ALI
Glennallen
308
GLN
Anchorage
105
ANC
Gustavus
127
GUS
Angoon
106
ANG
Haines
128
HNS
NUN
300
ANI
Homer
132
HOM
Nunivak Island
314
Aniak
Anvik
301
ANV
Hoonah
133
HNH
Old Harbor
153
OLD
Atka
107
ATK
Hydaburg
309
HYD
Other Alaska1
499
OAK
Auke Bay
136
JNU
Hyder
134
HDR
Pelican
155
PEL
Beaver Inlet
119
DUT
Juneau
136
JNU
Petersburg
156
PBG
Bethel
302
BET
Kake
137
KAK
PAL
119
DUT
Kaltag
310
KAL
Port Alexander
158
Captains Bay
Chefornak
189
CHF
Kasilof
138
KAS
Port Armstrong
315
PTA
Chignik
113
CHG
Kenai
139
KEN
Port Bailey
159
PTB
Cordova
115
COR
Kenai River
139
KEN
Port Graham
160
GRM
Craig
116
CRG
Ketchikan
141
KTN
Port Lions
316
LIO
Dillingham
117
DIL
King Cove
142
KCO
Port Moller
317
MOL
Douglas
136
JNU
King Salmon
143
KNG
PRO
119
DUT
Kipnuk
144
KIP
Port Protection
161
Dutch Harbor/Unalaska
Klawock
145
KLA
Quinhagak
187
QUK
Egegik
122
EGE
Kodiak
146
KOD
Sand Point
164
SPT
Ekuk
303
EKU
Kotzebue
311
KOT
Savoonga
165
SAV
Elfin Cove
123
ELF
Larsen Bay
327
LRB
Selawik
326
SWK
Emmonak
304
EMM
Mekoryuk
147
MEK
Seldovia
166
SEL
Excursion
Inlet
124
XIP
Metlakatla
148
MET
Seward
167
SEW
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TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
NMFS Code
ADF&G
Code
Sitka
168
SIT
Skagway
169
SKG
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
Port Name
NMFS Code
ADF&G
Code
Tenakee
Springs
174
TEN
Togiak
176
TOG
Toksook Bay
177
TABLE 14A TO PART 679—PORT OF
LANDING CODES, ALASKA—Continued
TOB
St. George
170
STG
St. Mary
319
STM
Tununak
178
172
STP
Ugashik
320
UGA
Tee Harbor
136
JNU
Unalakleet
321
UNA
VAL
322
WAS
183
WHT
184
WRN
185
YAK
Port Name
TUN
St. Paul
181
Yakutat
SOL
Valdez
Wrangell
318
ADF&G
Code
Whittier
Soldotna
NMFS Code
Wasilla
Port Name
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
EUR
599
OCA
899
OCN
Port Edward, B.C.
802
PRU
Prince Rupert, B.C.
802
PRU
Vancouver, B.C.
803
VAN
Astoria
600
AST
Newport
603
NPT
Other Oregon1
699
OOR
Portland
323
POR
Warrenton
604
WAR
Anacortes
700
ANA
Bellingham
702
BEL
Blaine
717
BLA
Everett
704
EVT
La Conner
708
LAC
Olympia
324
OLY
Other Washington1
799
OWA
Seattle
715
SEA
Tacoma
WASHINGTON
500
Other Canada1
OREGON
ADF&G Code
Other California1
CANADA
NMFS Code
Eureka
CALIFORNIA
Port Name
325
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.
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*
*
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*
17:22 Dec 12, 2008
23. Table 15 to part 679 is revised to
read as follows:
■
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TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE
(X indicates where this code is used)
Use alphabetic code to complete the following:
Name of gear
Alpha gear code
Use numeric code to complete the following:
NMFS logbooks
Electronic checkin/ check-out
Numeric gear
code
IERS eLandings
ADF&G COAR
NMFS AND ADF&G GEAR CODES
Hook-and-line
HAL
X
X
61
X
X
Jig, mechanical
JIG
X
X
26
X
X
Pot
POT
X
X
91
X
X
Trawl, nonpelagic/
bottom
NPT
X
X
07
X
X
Trawl, pelagic/
midwater
PTR
X
X
47
X
X
Troll, dinglebar
TROLL
X
X
25
X
X
Troll, hand
TROLL
X
X
05
X
X
Troll, power gurdy
TROLL
X
X
15
X
X
All other gear types
OTH
X
X
Diving
11
X
X
Dredge
22
X
X
Dredge, hydro/mechanical
23
X
X
Fish ladder/raceway
77
X
X
Fish wheel
08
X
X
Gillnet, drift
03
X
X
Gillnet, herring
34
X
X
Gillnet, set
04
X
X
Gillnet, sunken
41
X
X
Handpicked
12
X
X
Net, dip
13
X
X
Net, ring
10
X
X
Other/specify
99
X
X
Pound
21
X
X
Seine, purse
01
X
X
Seine, beach
02
X
X
Shovel
18
X
X
Trap
90
X
X
Trawl, beam
17
X
X
Trawl, double otter
27
X
Trawl, pair
37
X
X
Weir
14
X
X
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TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE—Continued
(X indicates where this code is used)
Use alphabetic code to complete the following:
Name of gear
Alpha gear code
NMFS logbooks
Electronic checkin/ check-out
Use numeric code to complete the following:
Numeric gear
code
IERS eLandings
ADF&G COAR
FIXED GEAR
Authorized gear for
sablefish harvested
from any GOA reporting area
All longline gear (hook-and-line, jig, troll, and handline) and, for purposes of determining initial IFQ allocation, all pot
gear used to make a legal landing.
Authorized gear for
sablefish harvested
from any BSAI reporting area
All hook-and-line gear and all pot gear.
Authorized gear for
halibut harvested
from any IFQ regulatory area
All fishing gear comprised of lines with hooks attached, including one or more stationary, buoyed, and anchored lines
with hooks attached.
PART 680—SHELLFISH FISHERIES OF
THE EXCLUSIVE ECONOMIC ZONE
OFF ALASKA
24. The authority citation for part 680
continue to read as follows:
■
Authority: 16 U.S.C. 1862.
25. In § 680.2, under the definition of
‘‘Crab individual fishing quota (crab
IFQ)’’, paragraphs (1), (2) introductory
text, (3), and (4) are revised and a
definition for ‘‘Sideboards’’ is added in
alphabetical order to read as follows:
■
§ 680.2
Definitions.
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*
*
*
*
*
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.
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(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).
*
*
*
*
*
26. 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.
*
*
*
*
*
27. 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) * * *
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Recordkeeping and
reporting report
Person responsible
Reference
*******
(G) CR crab
landing report
RCR
§ 679.5(e)(9)
RCR
§ 680.5(m)
*******
(L) CR RCR
Ex vessel
Volume and
Value Report
*
*
*
*
*
(b) IFQ crab landings—(1) Landing
reports. See § 679.5(e) of this chapter.
(2) Properly debited landing. All
landed crab catch must be weighed,
reported, and debited from the
appropriate IFQ account under which
the catch was harvested, and IPQ
account under which it was received, as
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.
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(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://
alaskafisheries.noaa.gov using the
RCR’s password and NMFS person ID to
submit a CR RCR Ex-vessel Volume and
Value Report. The NMFS software
autofills the RCR name. The User must
review the autofilled cells to ensure that
they are accurate. The RCR must enter
the information in paragraphs (m)(4)(i)
through (iv) of this section for a
complete CR RCR Ex-vessel Volume and
Value Report for priced crab delivered
raw:
(i) RCR identification. (A) RCR permit
number.
(B) Landing month.
(C) Port (location of facility or vessel).
(ii) CR crab program (e.g., IFQ, CDQ,
ADAK).
(iii) CR crab pounds purchased and
ex-vessel value. Enter for each program,
fishery, species, and month.
(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.),
and any retro payments paid for crab in
paragraph (m)(4)(iii)(A) of this section.
(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.
■ 28. 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
Location
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
*
*
*
*
*
29. 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]
30. 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
Frequency
§ 680.7(e)(1)
without a valid crab IFQ permit
without a legible copy of 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.
unless required under this section.
1
§ 680.40(c)(2)(vi)(A)
§ 679.40(k)(5)(v)
§ 679.4(k)(5)(v) of this chapter
1
[FR Doc. E8–29625 Filed 12–12–08; 8:45 am]
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]]>Agencies
[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Rules and Regulations]
[Pages 76136-76190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29625]
[[Page 76135]]
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Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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15 CFR Part 902
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; Rule
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 /
Rules and Regulations
[[Page 76136]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 679 and 680
[Docket No. 080302360-7686-03]
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: Final rule.
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SUMMARY: NMFS issues a final rule that implements new recordkeeping and
reporting requirements; a new electronic groundfish catch reporting
system, the 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. This
action is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
and other applicable law.
DATES: Effective January 14, 2009.
ADDRESSES: Copies of the Categorical Exclusion (CE), Regulatory Impact
Review (RIR), and Final Regulatory Flexibility Analysis (FRFA) prepared
for this action may be obtained from the NMFS Alaska Region, P.O. Box
21668, Juneau, AK 99802, or by calling the Alaska Region, NMFS, at 907-
586-7228, or from the NMFS Alaska Region website at https://
alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS and by e-mail to David_
Rostker@omb.eop.gov, or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.
SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries
of the exclusive economic zone (EEZ) off Alaska under the Fishery
Management Plan for Groundfish of the Gulf of Alaska and the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area. With Federal oversight, the State of Alaska (State)
manages the commercial king crab and Tanner crab fisheries under the
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner
Crabs and the commercial scallop fishery under the Fishery Management
Plan for the Scallop Fishery off Alaska. The fishery management plans
were prepared by the North Pacific Fishery Management Council and
approved by the Secretary of Commerce under authority of the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
The FMPs are implemented by regulations at 50 CFR parts 679 and 680.
General provisions governing fishing by U.S. vessels in accordance with
the FMPs appear at subpart H of 50 CFR part 600.
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement, the ``Convention Between the
United States of America and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea,'' which was
signed at Ottawa, Canada, on March 2, 1953, and was amended by the
``Protocol Amending the Convention,'' signed at Washington, D.C., March
29, 1979. The Convention is implemented in the United States by the
Northern Pacific Halibut Act of 1982 (Halibut Act).
Background and Need for Action
Refer to the proposed rule preambles for further description and
detail. The background and need for this action were described in
detail in the preamble to the original proposed rule published in the
Federal Register on June 29, 2007 (72 FR 35748) and in a supplemental
proposed rule published on September 24, 2008 (73 FR 55368) and are not
repeated here. The 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. The original proposed rule's comment period
ended July 30, 2007. NMFS received two emails containing nine comments
on the original proposed rule. Responses to all nine comments were
provided in the supplemental proposed rule. NMFS agreed with five of
these comments and made the suggested changes in the supplemental
proposed rule. The supplemental proposed rule's comment period ended
October 24, 2008. NMFS received one comment by email which is
summarized under ``Response to Comments.''
In summary, this final rule:
Institutes the Interagency Electronic Reporting System
(IERS) and its data entry component, eLandings. eLandings replaces the
current Shoreside Processor Electronic Logbook Report (SPELR) for
entering groundfish catch information and Crab Rationalization Program
(CR) crab information. The use of eLandings removes and replaces the
use of the shoreside processor daily cumulative production logbook
(DCPL), weekly production reports, daily production reports, and
aggregated mothership fish tickets. The operators of catcher/processor
vessels and motherships will be required to use a combination of
eLandings and the appropriate DCPL to record fishery information;
Allows for the future use of electronic logbooks (ELBs) by
operators of catcher vessels, catcher/processors, and motherships to
replace the daily fishing logbook (DFL) and the DCPL when used with
eLandings. Equipment and operational requirements in conjunction with
the new ELBs are updated to provide the process and criteria by which a
private-sector vendor could submit ELB software programs for approval
by NMFS Alaska Region;
Reorganizes IFQ crab landing report regulations by
removing them from 50 CFR part 680 and incorporating them into
eLandings regulations at 50 CFR part 679, so that all regulations
pertaining to eLandings will be found in one set of regulations;
Adds a requirement for Registered Crab Receivers to submit
an annual Crab Rationalization Program Registered Crab Receiver Ex-
vessel Volume and Value Report;
Revises regulations that pertain to permits in the
fisheries off Alaska. Most of the changes are technical or
administrative in nature, e.g., clarification of existing regulations
on how to amend or surrender a permit, and do not change existing
requirements;
Clarifies vessel restrictions in the Sitka Pinnacles
Marine Reserve and how those restrictions apply to halibut and
sablefish IFQ permit holders;
[[Page 76137]]
Revises requirements regarding at-sea transfer of an
observer to enhance safety; and
Technical revisions to regulations to correct cross-
references and other regulatory text. Miscellaneous revisions also
include removal of outdated text and codifying existing reporting
practices for catch weighing and vessel monitoring system requirements.
Response to Comments
Comment 1: The data entry time limits for trawl and longline
catcher/processors, the provision that requires submission ``by noon
each day to record the previous day's discard and disposition
information,'' is unworkable. An example of how this reporting deadline
is a problem is when a tow or set is retrieved just before midnight. An
observer cannot start monitoring and sampling a tow until it is being
processed, and in some cases an observer's work shift may end in the
morning. This means that the vessel crew may not know about discard and
bycatch estimates until the afternoon of the day after the previous
day's tow has been retrieved. We request the time limit for when data
is entered in eLandings or the DCPL be changed from ``by noon each day
to record the previous day's discard and disposition information'' to
``by midnight each day to record the previous day's discard and
disposition information.''
Response: NMFS agrees with this comment. NMFS understands the
impracticability of submitting information prematurely and that time
limits must correspond with fishing operations. Therefore, NMFS revises
regulations at Sec. 679.5(c)(3) and (c)(4) for trawl, longline, or pot
catcher/processors to change the time limit for data entry in eLandings
or the DCPL from ``by noon each day to record the previous day's
discard and disposition information'' to ``by midnight each day to
record the previous day's discard and disposition information.''
Changes from the Supplemental Proposed Rule
Since publication of the proposed rules, NMFS published a final
rule on September 16, 2008 (73 FR 53390) that revised the definition
for an active period for catcher/processors, motherships, shoreside
processors, and SFPs and eliminated the check-in/check-out report
submittal requirement for motherships and catcher/processors that have
onboard an operating vessel monitoring system. To ensure regulatory
consistency and accuracy with the September 16, 2008, final rule, NMFS
is substituting the words ``when active'' for ``checked-in'' in the two
places they appear in Sec. 679.5(e)(9)(ii) and (e)(10)(iv).
This final rule corrects a mistaken cross reference in Sec.
679.40(h)(3)(i), which are regulations describing sablefish and halibut
offload obligations. The supplemental proposed rule incorrectly cited
to Sec. 679.5(e)(8)(i)(K), which describes the obligation to record
discard or disposition information, which is unrelated to offloads. The
final rule correctly references Sec. 679.50(e)(7)(i)(E)(6), which
describes entry of delivery information.
Other revisions are made by this final rule to ensure that
electronic data submittal procedures are accurately and completely
described. These revisions are as follows:
eLandings relies on computers. The supplemental proposed rule,
under Sec. 679.5(e), specified procedures for submitting information
if a user's computer fails. The final rule clarifies that if a
hardware, software, or Internet failure occurs, these procedures should
be used. When a user is reporting on groundfish other than sablefish,
the user must report the information as ``non-IFQ groundfish'' in
paragraph 679.5(e)(1)(ii).
The final rule also removes a sentence in paragraph 679.5(e)(1)(ii)
that stated ``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.'' This
sentence is inappropriate because NMFS has determined it is unnecessary
to specify by regulation where a user records temporary information.
The final rule also adds ``other NMFS-approved software'' to paragraphs
679.5(e)(1)(i) and (e)(1)(ii) because in the future, NMFS may approve
additional software programs that will work as well as the eLandings
system.
The final rule, in Table 2b to part 679, corrects the mis-spelled
Latin term for red king crab and removes the check marks for three crab
species that incorrectly indicated that the crab species are Crab
Rationalization (CR) crab. The complete list of CR crab may be viewed
at Table 1 to part 680.
The final rule reorganizes certain requirements for the Registered
Crab Receiver (RCR) Ex-vessel Volume and Value Report at Sec.
680.5(m). Since the report must be filed electronically, the final rule
deletes the requirement for a paper report. The final rule reorganizes
paragraphs (m)(iii)(B) and (C) to include retro payments, e.g.,
payments for crab made subsequent to the original payment, as part of
the value of crab purchases instead of as payment and value
information. Finally, paragraph (m)(4) is revised in the final rule to
correct a website address that has been changed since publication of
the proposed rules.
Classification
The Administrator, Alaska Region, NMFS determined that this final
rule is necessary for the conservation and management of the groundfish
fisheries, and that it is consistent with the Magnuson-Stevens Act and
other applicable laws.
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council (Council), and the Secretary of Commerce. Section 5
of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c (Halibut
Act) allows the Regional Council having authority for a particular
geographical area to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters as long as those regulations
do not conflict with IPHC regulations. The final rule is consistent
with the Council's authority to allocate, monitor, and manage halibut
catches among fishery participants in the waters in and off Alaska.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
NMFS is not aware of any other Federal rules that would duplicate,
overlap, or conflict with this action.
Final Regulatory Flexibility Analysis (FRFA)
A Final Regulatory Flexibility Analysis (FRFA) was prepared for
this rule as required by section 604 of the Regulatory Flexibility Act
(RFA). The FRFA incorporates the IRFA and a summary of the analyses
completed to support the action; no comments were received on the IRFA.
Copies of the FRFA prepared for this final rule are available from NMFS
(see ADDRESSES). A summary of the FRFA follows.
Reason and Justification for the Rule
The FRFA describes in detail the objectives and legal basis for the
rule, and characterizes the small and non-small regulated entities that
participate in the fishery. A description of the action, the reasons
why it is being considered, and a statement of the objectives and legal
basis for this action are contained earlier in the preamble and are not
repeated here.
[[Page 76138]]
Number of Small Entities to Which the Final Rule Would Apply
For purposes of a FRFA, the Small Business Administration (SBA) has
established that a business involved in fish harvesting is a small
business if it is independently owned and operated, not dominant in its
field of operation (including its affiliates), and if it has combined
annual gross receipts not in excess of $4.0 million for all its
affiliated operations worldwide. A seafood processor is a small
business if it is independently owned and operated, not dominant in its
field of operation, and employs 500 or fewer persons on a full-time,
part-time, temporary, or other basis, at all its affiliated operations
worldwide.
Because the SBA does not have a size criterion for businesses that
are involved in both the harvesting and processing of seafood products,
NMFS has in the past applied and continues to apply SBA's fish
harvesting criterion for these businesses because catcher/processors
are first and foremost fish harvesting businesses. Therefore, a
business involved in both the harvesting and processing of seafood
products is a small business if it meets the $4.0 million criterion for
fish harvesting operations. NMFS currently is reviewing its small
entity size classification for all catcher/processors in the United
States. However, until new guidance is adopted, NMFS will continue to
use the annual receipts standard for catcher/processors. NMFS plans to
issue new guidance in the near future.
The FRFA contains a description and estimate of the number of small
entities to which the rule would apply. As required by the RFA, NMFS
has estimated the numbers of small entities that may be directly
regulated by this action. Counts of small catcher vessel and catcher/
processor entities are based on 2006 revenue estimates from the Alaska
Fisheries Science Center. Counts of shoreside processors and stationary
floating processors (SFPs) are based on 2006 information on plants and
plant ownership from the NMFS Alaska Region. Counts of other more
specialized categories of small entities are explained when they occur
below. In general, the estimates of small entity numbers described in
the following paragraphs are believed to be high for several reasons.
Each vessel or processing plant is treated as a separate entity;
however, this does not consider that a firm may own multiple vessels or
plants. Moreover, revenue estimates do not take into account the
revenues that an entity may have earned in waters outside of Alaska, or
in non-fishing activities. Finally, estimates do not take into account
potential affiliations among entities.
Cooperative membership and joint venture affiliations are common
among Alaskan fishing firms. In the absence of detailed information on
ownership and affiliations, and on revenue from fishing or other
activities outside of Alaska, NMFS has chosen to make estimates that
are conservative, to avoid undercounting the number of small entities.
The FRFA evaluates the following regulatory amendments:
1. Provide an option for operators of trawl catcher vessels and
catcher/processors, longline or pot catcher vessels and catcher/
processors, and motherships operating in the GOA and the BSAI in the
EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL
that is currently required.
2. Provide the process and criteria by which a private software
vendor could get ELB software approved for use in the Alaska Region
groundfish fisheries.
3. Implement regulations for the eLandings data entry component of
IERS to be used for reporting commercial fishery landings and
production data and allow fishery participants to use the Internet to
enter data only once for subsequent distribution to the Alaska
Department of Fish and Game (ADF&G), the International Pacific Halibut
Commission (IPHC), and NMFS, as appropriate.
4. Reorganize regulations for logbooks to provide complete
information for each logbook in its own section in order to make the
regulations more accessible and easier to use.
5. Provide uniform language and revise permit-related regulations
governing fishing activities in fisheries off the coast of Alaska. The
minor revisions improve enforcement of the regulations at 50 CFR part
679, by revising text, where necessary, such that the regulations are
specific, especially regarding permits and permit-related issues.
6. Revise 50 CFR part 680 by removing IFQ crab landing report
regulations for incorporation into the description of IERS at Sec.
679.5 IERS and by adding a requirement for a CR Registered Crab
Receiver Ex-vessel Volume and Value Report.
7. Revise a groundfish observer provision regarding at-sea vessel-
to-vessel transfers.
8. Make miscellaneous revisions to fishing regulations at 50 CFR
parts 679 and 680.
Electronic Logbooks (ELBs)
NMFS will provide the process and criteria by which a private-
sector software vendor could obtain approval for ELB software in the
Alaska Region groundfish fisheries.
NMFS will provide an option for operators of trawl catcher vessels
and catcher/processors, longline or pot catcher vessels and catcher/
processors, and motherships operating in the GOA and the BSAI in the
EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL
that is currently required.
This action will allow ELBs for voluntary use by fishery
participants to replace the DFL for trawl gear catcher vessels and
longline or pot gear catcher vessels. ELBs will also be allowed for use
by fishery participants to replace the DCPL used by trawl gear catcher/
processors, longline or pot gear catcher/processors, and motherships to
voluntarily fulfill daily catch recordkeeping and reporting
requirements.
The participants associated with this aspect of the action include
an estimated 771 small catcher vessels, 11 small catcher/processors,
and no small motherships. The catcher vessel and catcher/processor
estimates may be high, because they do not take account of affiliations
among entities.
NMFS considered two alternatives for implementation of the ELBs:
the no-action (or status quo) and action alternatives. The action
alternative allows participants to voluntarily use an ELB instead of a
DFL or DCPL, but does not require firms to incur additional costs,
because all processors participating in Federal fisheries have access
to a computer. The no-action alternative was considered, but rejected,
because it did not meet the action objective of creating a better
regulatory environment for the introduction and use of ELB software for
compliance with NMFS' reporting requirements.
NMFS interacted with the fishing industry on the use of ELBs during
a pilot project described in the RIR/IRFA wherein a trawl gear ELB
created by a private vendor was used by catcher vessels. An early
version of this analysis included a provision requiring that fishing
operations using the ELB software file a report with NMFS within 24
hours of delivering their product. This provision was eliminated from
the alternatives following industry consultations during the
preparation of the IRFA. The provision was expected to impose an undue
burden on operations that were using the software voluntarily and
perhaps slow its adoption rate. An examination of
[[Page 76139]]
existing response rates indicated that about 32 percent of these
reports have been received by NMFS within 24 hours of the landing, and
about 73 percent have been received within 48 hours of the landing. The
action alternative relaxes a constraint on the public, and may reduce
data entry costs relative to the DFL and DCPL.
Interagency Electronic Reporting System (IERS)
With this final rule, NMFS implements regulations for the eLandings
data entry component of IERS to be used for reporting commercial
fishery landings and production data and allow fishery participants to
use the Internet to enter data only once for subsequent distribution to
the ADF&G, the IPHC, and NMFS, as appropriate.
NMFS estimates that this action will directly regulate 11 small
catcher/processors, 80 small shoreside processors, five small SFPs, no
small motherships, and 184 small Registered Buyers. Under this action,
these entities will be required to report electronically using the IERS
software.
The Registered Buyer estimates were prepared as follows. There are
206 IFQ Registered Buyers expected to use IERS to record their halibut
IFQ and halibut CDQ deliveries under provisions of this action. An
examination of the names of the Registered Buyers suggests that at
least 22 are large entities under the Small Business Administration
(SBA) criteria (i.e., processors subject to the 500 employee SBA
criterion). The remaining Registered Buyers appear to be small
shoreside firms or fishing operations. Thus, 184 Registered Buyers are
estimated to be small for RFA purposes. This is likely to be an
overestimate of the number of small entities among the Registered
Buyers directly regulated by adoption of the IERS.
NMFS considered two alternatives for the IERS and eLandings: the
status quo and action alternatives. The status quo alternative, if
retained, would not have required firms to begin using IERS for Federal
reporting purposes. However, since State regulations will require firms
to begin reporting in-state deliveries of harvests with the IERS
system, retention of the status quo alternative would be of no
advantage to small entities. Indeed, these small entities could be in
the position of having to conform to two separate reporting standards.
Moreover, a significant proportion of the harvest from Federal waters
is delivered to onshore or inshore processors, who would be using the
IERS to input these records.
The preferred alternative requires processors to use IERS and
eLandings to report data from Federal fisheries, but only imposes small
additional costs. IERS is a joint project of ADF&G, IPHC, and NMFS. If
NMFS adopted an alternative system, confusion would result for the
fishing industry and industry costs would be increased. Additional
alternatives in this instance would compromise our ability to meet the
objectives of the action. Because the costs of this action are minor,
it is difficult to identify additional alternatives with significant
cost savings.
Regulatory text reorganization
NMFS reorganizes and revises Sec. 679.5(a) and (c), such that each
of the six groundfish logbooks is described clearly and completely in a
separate section of regulatory text. This action also makes the
regulations easier for the public to use. Regulations for processor
forms also are revised and reorganized in this rule. Prior to this
final rule, these regulations were arranged into tables by data element
relating to multiple logbooks and forms. The reader had to consult
several places in the regulations to find complete requirements for any
given logbook or form. This action consolidates all of the requirements
for each form and logbook into individual sections in Sec. 679.5.
The small entities directly regulated by this action include 80
shoreside processors, five SFPs, 11 catcher/processors, no motherships,
and 771 catcher vessels.
NMFS considered two alternatives for the reorganization of
regulations: the status quo and action alternatives. Under the status
quo alternative, the regulations at Sec. 679.5 would remain without
reorganization. The regulations at Sec. 679.5 would remain arranged in
tables by data element relating to multiple logbooks and forms causing
the reader to consult several places in the regulations to find
complete requirements for any given logbook or form. Under the
regulatory scenario of the status quo alternative, participants would
likely face increased R&R regulatory uncertainty and a loss of
efficiency. Under the action alternative, NMFS will reorganize and
revise regulations at Sec. 679.5 such that each of the six groundfish
logbooks is described in regulatory text separately, completely, and
clearly. Under the regulatory scenario of the action alternative,
participants would enjoy increased R&R regulatory certainty and
increased efficiency.
Permits
NMFS is unifying the language and revising permit-related
regulations governing fishing activities in fisheries off the coast of
Alaska. These minor revisions will improve enforcement of the
regulations at 50 CFR part 679 by clarifying and simplifying text,
especially regarding permit-related issues. NMFS estimates that 771
small catcher vessels, 11 small catcher/processors, 80 small shoreside
processors, five SFPs, and six small CDQ groups are directly regulated
by this action.
Six CDQ groups, representing 65 Western Alaska communities,
currently participate in the CDQ Program. Each is organized as a not-
for-profit entity, and none is dominant in its field. Consequently,
each is a small entity under the RFA. Several CDQ groups own, in whole
or in part, and operate vessels participating in the CDQ fisheries.
Because CDQ groups must obtain permits for their vessels, the six CDQ
groups also will be directly regulated by this rule.
NMFS considered two alternatives for the permit-related revisions:
the status quo and action alternatives. The status-quo alternative
would maintain the inconsistency of regulatory language regarding
permit-related issues, for example, by maintaining the term ``federally
regulated'' and by not replacing it with the specific permit that
relates to the paragraph. This would maintain the inconsistency in
determination of which permit authorizes which activity. Under the
action alternative, NMFS ``tightens up'' the regulations as they relate
to permits, for example, regulatory text is made specific as to whether
a permit is issued to a person or to a vessel. Under the action
scenario, NMFS clarifies ambiguities in the permit-related regulatory
text and improves enforcement of the regulations at 50 CFR part 679.
eLandings Landing Report
NMFS revises regulations at 50 CFR part 680 by removing IFQ crab
landing report regulations for incorporation into the Sec. 679.5(e)
eLandings regulations. The eLandings landing report originally was
created for CR crab, but will be used for reporting groundfish, IFQ
halibut, CDQ halibut, and IFQ sablefish as well.
NMFS considered two alternatives for the eLandings regulatory
revisions: the status quo and action alternatives. Under the status quo
scenario, the regulations for use of eLandings for the CR fisheries
would remain at Sec. 680.5
[[Page 76140]]
and the regulations for use of eLandings for other fisheries would be
in Sec. 679.5(e). This would duplicate two sets of regulations and
introduce confusion.
Under the action alternative, NMFS removes regulatory text from
Sec. 680.5(b), (c), and (d) that describe the use of eLandings for CR
crab and integrates that text into regulations at Sec. 679.5(e). This
change allows all related information for the eLandings landing report
to be found in one section for groundfish, CR crab, IFQ halibut, IFQ
sablefish, and CDQ halibut.
CR Registered Crab Receiver Ex-vessel Volume and Value Report
NMFS is adding a new form, the CR Registered Crab Receiver (RCR)
Ex-vessel Volume and Value Report, to be submitted by participants near
the end of the crab fishing year. This report is similar to a report
required by regulations implementing the NMFS Alaska Region IFQ Program
for Pacific halibut and sablefish. The regulations for the form will be
described at Sec. 680.5(m). The small entities directly regulated by
this action are approximately 30 RCRs required to submit an annual CR
RCR Ex-vessel Volume and Value Report.
NMFS considered two alternatives for the addition of this form: the
status quo and action alternatives. Under the status quo scenario, the
requirement to report through eLandings the price paid for crab during
landing would remain mandatory. This would mean that the crab price
would be inaccurate, because the price at the time of landing does not
include post-delivery or end-of-season adjustments. An inaccurate
report of crab value would then be used to assess fees for participants
in the CR crab fisheries, required by the Magnuson-Stevens Fishery
Conservation and Management Act (Section 304(d)(2)(B)). Inaccurate fees
could result in insufficient funds to manage the CR Program.
The action alternative adds the new form to collect crab price
information from CR RCRs. The form collects information used to assess
fees on an annual basis, which is a statutory requirement. NMFS
considered but rejected alternatives (options) of more frequent or less
frequent collection of the price information. NMFS Restricted Access
Management Program (RAM) will collect the price information to
establish a ``standard'' ex-vessel price for CR crab. The standard
price will be used to estimate the cost recovery fees due from
processors and harvesters; the participants may not participate in the
CR fisheries if fees are not paid. The cost recovery fees will be used
to support management of the CR Program. An additional effect will be
the removal of a requirement for an RCR who receives a landing of CR
crab harvested under the IFQ, the CDQ, or Adak community allocation
programs to submit for each landing the price per pound. Instead, each
RCR will be required to submit a CR RCR Ex-vessel Volume and Value
Report near the end of the crab fishing year. In addition, the
requirement to report through eLandings the price paid for crab when
landed will become optional.
Groundfish Observer Provision Regarding At-sea Vessel-to-vessel
Transfers
The Fisheries Monitoring and Analysis Division (FMA) monitors
groundfish fishing activities in the EEZ off Alaska and conducts
research associated with sampling commercial fishery catches,
estimation of catch and bycatch mortality, and analysis of fishery-
dependent data. As part of the FMA's North Pacific Observer Program,
approximately 400 fishery observers spend up to 90 consecutive days
each year at sea or at processing plants collecting data for management
of the Alaskan groundfish fisheries. On occasion crab fisherman must
transfer an observer at sea from one vessel to another.
The small entities directly regulated by this action include no
motherships, 11 catcher/processors, and 771 catcher vessels.
NMFS considered three alternatives for the observer at-sea transfer
revisions: the status quo and two action alternatives. Under the status
quo alternative, the regulatory text would not be changed. The no-
action alternative was rejected because it did not meet the action
objective of creating a safe transfer environment for a groundfish
observer.
Under the preferred action alternative, NMFS revises a groundfish
observer provision regarding at-sea vessel-to-vessel transfers by
removing ``via small boat or raft'' from the regulations at Sec.
679.50(g)(1)(ix)(A). This revision will improve safety for observers
undergoing a transfer at sea because the regulatory text now states
that all at-sea transfers of an observer be conducted during daylight
hours, under safe conditions, and with the agreement of the observers
involved.
Under the second action alternative, NMFS will prohibit the
transfer of an observer at sea. Most of the at-sea transfers are done
by companies that own two or more vessels with less than 100 percent
observer coverage and use one observer to meet observer coverage
requirements on these vessels. This revision would require an observer
to be transferred only at the dock, resulting in increased costs for
the company, because vessels would have to return to the dock to pick
up or drop off an observer. This alternative was rejected for further
analysis because the improvement in observer safety appeared to come at
a disproportionate cost to fishing operations.
Miscellaneous Revisions to Fishing Regulations at 50 CFR parts 679 and
680
NMFS amends regulations in Parts 679 and 680 to improve clarity and
efficiency. The small entities directly regulated by this final rule
include 80 shoreside processors, 5 SFPs, 11 catcher/processors, no
motherships, and 771 catcher vessels.
NMFS considered two alternatives for the miscellaneous regulatory
revisions: the status quo and action alternatives. Under the status quo
alternative the regulatory text would not be changed. Under the action
alternative, NMFS amends regulations in Part 679 and Part 680, by
adding and revising definitions, revising text to clarify a Sitka
Pinnacles Marine Reserve closure provision, adding or correcting cross
references, removing obsolete text, adding new text, codifying certain
existing practices, and revising figures and tables to Part 679. These
changes will facilitate management of the fisheries and enforcement
efforts and promote compliance with the regulations.
The preferred action alternative will have no known adverse impacts
on small entities. The status quo alternative was rejected because it
did not meet the action objective of creating a better regulatory
environment.
The regulations in this final rule appear to impose no adverse
economic impacts on directly regulated small entities. Therefore no
steps were needed to minimize the effects of this regulatory action on
small entities.
In the various items considered in this analysis, the preferred
alternative was chosen rather than selecting the status quo
alternative. The preferred alternative in every case supported the
primary objective of this action which is to improve the methods and
procedures of recordkeeping and reporting for the fishery programs of
NMFS Alaska Region through expansion of electronic reporting methods
and by simplifying regulations.
Use of electronic recordkeeping will allow the public to more
easily record daily information and retrieve daily information and will
increase the
[[Page 76141]]
accuracy of information collected and summarized. In addition, this
initiation of electronic recordkeeping is the first step to interface
with onboard electronics to collect certain information directly (for
example location and direction information from a global positioning
system). Electronic recordkeeping also creates a wide range of
potential reports to allow the operator to analyze his or her fishing
activity.
eLandings or other NMFS-approved software allows processors and
others to provide commercial harvest and production information of
groundfish, halibut, and crab to NMFS, IPHC, and ADF&G. Using eLandings
removes reporting duplications, and once implementation is complete,
eLandings makes recordkeeping and reporting simpler. Additional
benefits of the eLandings system include:
Immediate verification of permits and vessel
identification;
Timely catch reports for management agency use;
Options for processors to import or export catch and
production information; and
Significant reduction in data entry by management agencies
and processors.
Small Entity Compliance Guide
The preamble to this final rule and particularly the summary of the
FRFA serve as the small entity compliance guide. This action does not
require any additional compliance from small entities that is not
described in this final rule. Copies of this final rule are available
from NMFS (see ADDRESSES) and at the NMFS website at https://
alaskafisheries.noaa.gov.
Paperwork Reduction Act Collections of Information
This final 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 or ELB; 18 minutes
for catcher vessel trawl DFL or ELB; 31 minutes for mothership DCPL or
ELB; 41 minutes for catcher/processor longline and pot gear DCPL or
ELB; 30 minutes for catcher/processor trawl gear DCPL or ELB; 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. The weekly production report,
estimated at 17 minutes; shoreside processor DCPL, estimated at 31
minutes; and mothership consolidated ADF&G fish tickets, estimated at
35 minutes, are removed with this final rule.
OMB Control Number 0648-0272
Public reporting burden for IFQ landing reports is estimated to
average 18 minutes per response.
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.
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
report.
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 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 15 CFR part 902
Reporting and recordkeeping requirements.
List of Subjects in 50 CFR parts 679 and 680
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 2, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, NMFS amends 15 CFR chapter IX
and 50 CFR chapter VI as follows:
TITLE 15--COMMERCE AND FOREIGN TRADE
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT
OF COMMERCE
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50
CFR'':
A. Remove entries for ``679.5(b), (c), (d), (g), (h), (i), (j), (k)
and (m)''; ``679.5(e), (f), and (o)''; ``679.5(l)(1), (l)(2), (l)(3),
and (l)(5)''; ``679.5(l)(3)(i), (l)(4)''; ``679.24(e)''; ``679.28(b)
and (d)''; ``679.28(f)''; ``679.32(c)''; ``679.61(c) and (f)'';
``679.61(d) and (e)''; ``679.62(b)(3) and (c)''; ``679.63(a)(2)'';
``680.5''; ``680.23(e), (f), (g), and (h)''; ``680.44(a), (b), (c),
(d), (e)''; and ``680.44(f)''.
B. Add entries in alphanumeric order for ``679.5(b), (h), and
(k)''; ``679.5(c)''; ``679.5(d)''; ``679.5(e) and (f)''; ``679.5(g)'';
``679.5(l)(1) through (l)(5)''; ``679.5(o)''; ``679.27(j)(5)'';
``679.28(a)''; ``679.28(b), (c), (d), and (e)''; ``679.28(h)'';
``679.32(c) and (e)''; ``679.61(c), (d), (e), and (f)''; ``679.62'';
``679.63''; ``680.5(a) and (h) through (l)''; ``680.5(b)''; ``680.5(e)
and (f)''; ``680.5(g)''; ``680.5(m)''; ``680.23(e), (f), and (g)''; and
``680.44''.
C. Revise entries for ``679.5(r)''; ``679.5(s)''; ``679.32(d)'';
``679.32(f)''; and ``679.43''.
The additions and revisions read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
[[Page 76142]]
------------------------------------------------------------------------
CFR part or section where the
information collection requirement is Current OMB control number (all
located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
50 CFR ................................
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.5(b), (h), and (k) -0213
------------------------------------------------------------------------
679.5(c) -0213, -0272, -0330, -0513, and
0515
------------------------------------------------------------------------
679.5(d) -0213, -0272, and -0513
------------------------------------------------------------------------
679.5(e) and (f) -0213, -0272, -0330, -0401, -
0513, and -0515
------------------------------------------------------------------------
679.5(g) -0213, -0272, and -0330
------------------------------------------------------------------------
679.5(l)(1) through (l)(5) -0272
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.5(o) -0401
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.5(r) -0213, -0445, and -0545
------------------------------------------------------------------------
679.5(s) -0213, -0445, and -0565
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.27(j)(5) -0213, -0330, and -0565
------------------------------------------------------------------------
679.28(a) -0213 and -0330
------------------------------------------------------------------------
679.28(b), (c), (d), and (e) -0330
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.28(h) -0213 and -0515
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.32(c) and (e) -0213 and -0269
------------------------------------------------------------------------
679.32(d) -0213, -0269 and -0330
------------------------------------------------------------------------
679.32(f) -0213, -0269, and -0272
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.43 -0272, -0318, -0334, -0398, -
0401, -0545, -0565, and -0569
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
679.61(c), (d), (e), and (f) -0401
------------------------------------------------------------------------
679.62 -0393
------------------------------------------------------------------------
679.63 -0213 and -0330
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
680.5(a) and (h) through (l) -0213
------------------------------------------------------------------------
680.5(b) -0515
------------------------------------------------------------------------
680.5(e) and (f) -0570
------------------------------------------------------------------------
680.5(g) -0514
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
680.5(m) -0514
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
680.23(e), (f), and (g) -0330
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
680.44 -0514
------------------------------------------------------------------------
* * * * * * * ................................
------------------------------------------------------------------------
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for part 679 is revised to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
0
4. In Sec. 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'', ``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:
Sec. 679.2 Definitions.
* * * * *
Active/inactive periods means for longline or pot gear catcher
vessel, see Sec. 679.5(c)(3)(iv)(A)(1); for longline or pot gear
catcher/processor, see Sec. 679.5(c)(3)(iv)(B)(1); for trawl gear
catcher vessel, see Sec. 679.5(c)(4)(iv)(A)(1); for trawl gear
catcher/processor, see Sec. 679.5(c)(4)(iv)(B)(1); for shoreside
processor or SFP, see Sec. 679.5(c)(5)(ii); for mothership, see Sec.
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 Sec. 679.5(c)(3)(vi)(B) for
longline and pot gear; see Sec. 679.5(c)(4)(vi)(B) for trawl gear).
Gear retrieval (or to haul gear) (see Sec. 679.5(c)(3)(vi)(C) for
longline and pot gear; see Sec. 679.5(c)(4)(vi)(C) for trawl gear).
* * * * *
Haul means the retrieval of trawl gear which results in catching
fish or which 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
[[Page 76143]]
distribution to the ADF&G, IPHC, and NMFS Alaska Region (see Sec.
679.5(e)).
* * * * *
Maximum retainable amount (MRA) (see Sec. 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 Sec. 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 Sec. 679.4; a shoreside processor or SFP
and mothership that receives groundfish from vessels issued an FFP
under Sec. 679.4; any shoreside processor or SFP that is required to
have a Federal processor permit under Sec. 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 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.
* * * * *
0
5. In Sec. 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:
Sec. 679.4 Permits.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Permit is in effect
If program permit or card type from issue date For more
is: through the end of information, see .
. . . . .
------------------------------------------------------------------------
(i) * * *
-------------------------------
(A) Registered buyer Until expiration Paragraph
date shown on (d)(3)(ii) of this
permit section
------------------------------------------------------------------------
* * * * * * *
-------------------------------
(iv) * * *
-------------------------------
(A) Federal fisheries Until expiration Paragraph (b) of
date shown on this section
permit
------------------------------------------------------------------------
(B) Federal processor Until expiration Paragraph (f) of
date shown on this section
permit
------------------------------------------------------------------------
* * * * * * *
-------------------------------
(vii) * * *
-------------------------------
(C) Scallop license Indefinite Paragraph (g) of
this section
------------------------------------------------------------------------
* * * * * * *
-------------------------------
(xiv) Crab Rationalization see Sec. 680.4 of Sec. 680.4 of
Program permits this chapter this chapter
------------------------------------------------------------------------
(A) Crab Quota Share permit Indefinite Sec. 680.4(b) of
this chapter
------------------------------------------------------------------------
(B) Crab Processor Quota Share Indefinite Sec. 680.4(c) of
permit this chapter
------------------------------------------------------------------------
(C) Crab Individual Fishing Specified fishing Sec. 680.4(d) of
Quota (IFQ) permit year this chapter
------------------------------------------------------------------------
(D) Crab Individual Processor Specified fishing Sec. 680.4(e) of
Quota (IPQ) permit year this chapter
------------------------------------------------------------------------
(E) Crab IFQ hired master Specified fishing Sec. 680.4(g) of
permit year this chapter
------------------------------------------------------------------------
(F) Registered Crab receiver Specified fishing Sec. 680.4(i) of
permit year this chapter
------------------------------------------------------------------------
(G) Federal crab vessel permit Specified fishing Sec. 680.4(k) of
year this chapter
------------------------------------------------------------------------
[[Page 76144]]
(H) Crab harvesting Specified fishing Sec. 680.21(b) of
cooperative IFQ permit year this chapter
------------------------------------------------------------------------
* * * * *
(3) * * *
(i) A person may obtain an application for a new permit or for
renewal or revision of an existing permit 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 and printed from the Alaska Region website at https://
alaskafisheries.noaa.gov.
* * * * *
(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 (Sec. 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, Sec. 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 Sec. 600.735 or Sec. 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 to the permit holder of record in the same fishing year
in which it was surrendered. 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 website
at https://alaskafisheries.noaa.gov as instructed on the application
form. Upon receipt and approval of a permit 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 annual IFQ permit will not be
reissued in the same fishing year in which it was surrendered, but a
new annual IFQ permit may be issued 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)
