Fisheries of the Exclusive Economic Zone off Alaska; Western Alaska Community Development Quota Program; Recordkeeping and Reporting, 7788-7806 [2011-2981]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Proposed Rules]
[Pages 7788-7806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0906261095-1050-02]
RIN 0648-AX97


Fisheries of the Exclusive Economic Zone off Alaska; Western 
Alaska Community Development Quota Program; Recordkeeping and Reporting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to revise recordkeeping and 
reporting regulations and make other miscellaneous revisions to NOAA 
regulations concerning fisheries of the exclusive economic zone off 
Alaska. The proposed revisions would add a requirement that the 
Registered Crab Receiver record in eLandings the region in which the 
stationary floating processor is located at time of crab delivery; 
standardize reporting time limits for recording discard, disposition, 
product, and other required information in the daily fishing logbook, 
daily cumulative production logbook, eLandings, or the electronic 
logbook so that the information corresponds with fishing and processing 
operations; incorporate miscellaneous edits and corrections to 
regulatory text and tables, including standardizing the use of the 
terms ``recording,'' ``submitting,'' ``landings,'' and ``landing;'' and 
reinstate regulations that were inadvertently removed in a previous 
final rule about locations where NMFS will conduct scale inspections. 
This proposed action is necessary to update and clarify regulations and 
is intended to promote the goals and objectives of the fishery 
management plans and the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.

DATES: Comments must be received no later than March 14, 2011.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
AX97, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at https://www.regulations.gov.
     Fax: 907-586-7557.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying 
Information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you want to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Electronic copies of the Categorical Exclusion (CE) and Regulatory 
Impact Review (RIR) prepared for this action may be obtained from 
https://www.regulations.gov or from the Alaska Region Web site at https://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to NMFS at the above address; e-mailed to OIRA_Submission@omb.eop.gov or faxed 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 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 manages the 
commercial King crab and Tanner crab fisheries under the Fishery 
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs. 
The fishery management plans (FMPs) 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. (Magnuson-Stevens Act). The FMPs 
are implemented by regulations at 50 CFR parts 679 and 680.
    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,'' (Convention) 
which was signed in Ottawa, Canada, on March 2, 1953, and was amended 
by the ``Protocol Amending the Convention,'' signed in Washington, DC 
on March 29, 1979. The Convention is implemented in the United States 
by the Northern Pacific Halibut Act of 1982.

Background

    The Interagency Electronic Reporting System (IERS) with its data 
entry component, eLandings, was implemented with a final rule published 
March 2, 2005 (70 FR 10174), for the Crab Rationalization (CR) Program. 
The use of eLandings was implemented for groundfish fisheries and the 
fixed gear halibut and sablefish Individual Fishing

[[Page 7789]]

Quota (IFQ) Program through a final rule published December 15, 2008 
(73 FR 76136). The objective of IERS and eLandings is to remove 
reporting duplications and simplify recordkeeping and reporting. IERS 
is an Internet recordkeeping system which is currently in use by State 
of Alaska Department of Fish and Game (ADF&G), NMFS, and International 
Pacific Halibut Commission (IPHC) to collect commercial harvest and 
production data for groundfish, Pacific halibut, and CR crab in both 
State waters and in the EEZ, all with one reporting system.
    The data obtained from eLandings are used during boardings and site 
visits by NOAA Fisheries Office for Law Enforcement (OLE) and United 
States Coast Guard to ensure conservation of groundfish, compliance to 
regulations, and reporting accuracy by industry. The data are used by 
the Council and NMFS Alaska Fisheries Science Center for biological and 
economic evaluation of management measures and stock assessment. The 
data are used by the NMFS Observer Program for vessel position 
coordinates and observer coverage information. The data are used by the 
NMFS Inseason Branch to monitor and manage the fisheries through 
openings and closures of fishery species and Federal reporting area, as 
well as through reallocation of quotas. Timely and accurate data entry 
improves in-season fishery management, resulting in fewer disruptions 
of the fleets and processors.
    The December 15, 2008, final rule is known as the ``IERS final 
rule'' and will be referred to as such in the preamble to this proposed 
rule. The software, eLandings, replaced the Shoreside Processor 
Electronic Logbook Report for electronically entering groundfish catch 
information and replaced the paper shoreside processor daily cumulative 
production logbook (DCPL). Through eLandings, NMFS also created a 
landing report, discard and disposition report, and production report, 
thus removing the need for the paper weekly production reports, daily 
production reports, and aggregated mothership fish tickets.
    The eLandings program allows shoreside processors, stationary 
floating processors (SFPs), catcher/processors, and motherships to 
enter, edit, and summarize landings, production, discard, and 
disposition data on a Web-based system. After data are entered through 
the Web interface, catch and production records are available in near 
real-time for managers Once data are entered and submitted, users 
receive a printed production report, fish ticket, and/or an IFQ report 
as a receipt.
    The ability to view and edit data over the Web is a benefit to 
processing firms that may be based, for example, in Seattle, 
Washington, with operating plants in multiple locations in and/or off 
Alaska. Data can be entered at a processing plant in Dutch Harbor, for 
example, and be instantaneously available for review by employees of 
the plant's parent company in its Seattle office.
    The operators of catcher/processors (C/Ps) and motherships are 
required to use a combination of eLandings and a catcher/processor DCPL 
or mothership DCPL, as appropriate, to record fishery information. NMFS 
has identified minor regulatory changes to improve and update the 
methods and procedures of eLandings, and to improve the flexibility and 
efficiency of recordkeeping and reporting requirements for the fishery 
programs of NMFS' Alaska Region. The amendments to the eLandings 
procedures and corresponding regulations are described in this proposed 
rule.
    With these amendments, NMFS intends to remove inconsistencies in 
the current regulations describing eLandings and to provide new 
language for recent developments. These changes would reduce the risk 
of confusion or misinterpretation of regulatory intent among industry 
participants and other interested parties, and would increase the 
efficiency of the eLandings process. The overall impact on the fishing 
industry would be increased operational flexibility. No economic 
impacts are expected from the revisions in this proposed rule. The 
fishing industry currently uses eLandings to comply with recordkeeping 
and reporting requirements, so the time and knowledge required to 
complete an eLandings data entry is already established. The entities 
upon which these changes are imposed are those registered to use 
eLandings.
    This proposed action would create no new costs for NMFS because the 
costs of implementation were previously incurred under existing data 
collection programs. Administrative costs for NMFS would be reduced by 
streamlining the administrative process with no appreciable loss of 
necessary data or management capabilities. Automated checks in the 
submission system would monitor data entry for completeness.

Registered Crab Receiver (RCR) Would Record the Region in Which the 
Stationary Floating Processor (SFP) Is Located at Time of Crab Delivery

    Monitoring compliance with the CR Program requires precise 
information about the port and/or region in which raw crab are received 
from the harvesting vessel. Current reporting requirements for SFPs do 
not require use of either actual port codes or geographic locations for 
landings. Consequently, NMFS cannot fully monitor compliance with 
regional delivery requirements or fully evaluate effectiveness of these 
provisions in protecting communities for which these requirements were 
developed. A minor reporting change would provide NMFS with all three 
of the pieces of information it requires from SFP operations: Operation 
type, the actual port (if any), and the region relevant to each crab 
fishery for which a landing is reported. The change would provide NMFS 
with more precise information of the port location of landings. 
Benefits of the change would include enhanced information about port 
use during crab fisheries and stronger regulatory enforcement.
    The regional delivery requirements for CR Program quota share are 
intended to preserve the historic geographic distribution of landings 
in the fisheries. Communities in the Pribilof Islands and on Adak and 
Atka Islands are the primary beneficiaries of this regionalization 
provision. There are three regions; the North Region is the Bering Sea 
subarea north of 56[deg]20' N. latitude; the South Region is any area 
in Alaska, not in the ``North Region;'' and the West Region is west of 
174[deg] W. longitude and is only applicable for western Aleutian 
Islands golden king crab.
    Although this rule would require processors to supply additional 
location information, regional location choices would be easily 
selected from pop-up menus. Under this proposed rule, for SFP operation 
types only (Table 14c to part 679), eLandings would ``auto-fill'' the 
port data field with the current SFP information obtained from current 
RCR permits and eLandings processor registrations (see Sec.  
679.5(e)(2)). For RCRs reporting crab landings as SFPs in port, the at-
sea operation type would be entered automatically; the RCR would select 
the port code from a menu provided by the software. For RCRs reporting 
crab landings as SFPs that are not in a port, the at-sea operation type 
would be entered automatically and the RCR would select the regional 
landing code from a menu provided by the software. The revisions at 
Sec.  679.5(e)(4) and Sec.  679.5(e)(8)(iii) would provide NMFS with 
all three pieces of information it requires from SFP operations: 
Operation type, the actual port (if any), and the region relevant to

[[Page 7790]]

each crab fishery for which a landing is reported.

Standardize Data Entry Time Limits for Recording Discard, Disposition, 
Product, and Other Required Information

    This proposed rule would revise regulations related to time and 
time limits, as follows:
    [diams] Time limits for recording information in the paper catcher 
vessel daily fishing logbooks (DFLs) and mothership and C/P DCPLs.
    [diams] Time limits to submit landing reports and production 
reports to NMFS through eLandings.
    [diams] Time limits to submit electronic logbook (ELB) information 
through eLandings.
    [diams] Revise information to be recorded or submitted ``by noon of 
the following day'' to read ``by midnight of the following day''.
    [diams] Revise ``noon'' and ``midnight'' in Alaska local time 
(A.l.t.) to read 1200 hours, A.l.t., and 2400 hours, A.l.t., 
respectively.
    [diams] Change the deadline for a vessel operator's signature entry 
in the DFLs, DCPLs, and ELBs from noon to midnight.
    [diams] Revise the deadline for printing a copy of the ELB logsheet 
from noon to midnight each day.
    [diams] Revise the submittal time limit for the delivery ``landed 
scale weight'' entry on SSP or SFP eLandings landing reports.
    [diams] Revise the time limit to record scale weights in the DCPL 
for C/Ps participating in the Central Gulf of Alaska Rockfish Program.
    [diams] Revise deadlines for recording scale weights and CDQ group 
number in the C/P trawl DCPL.
    [diams] Remove the requirement to record the date of landing in the 
SSP or SFP landing report.
    [diams] Clarify extension of time limits for eLandings production 
reports from SSPs or SFPs not taking deliveries over the weekend.
    [diams] Correct reporting time limit tables for DCPLs and 
eLandings.
    Regulations governing these recording and submittal time limits may 
be found in the following paragraphs of 50 CFR part 679:

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   Reporting and submittal time limits for:                          Location in part 679:
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Longline and pot catcher vessel DFL..........  Sec.   679.5(c)(3)(ii)(A)
Longline and pot C/P DCPL....................  Sec.   679.5(c)(3)(ii)(B) and (c)(4)(v)(C)
Trawl catcher vessel DFL.....................  Sec.   679.5(c)(4)(ii)(A)
Trawl C/P DCPL...............................  Sec.   679.5(c)(4)(ii)(B)
Mothership DCPL..............................  Sec.   679.5(c)(6)(ii)
SSP or SFP landing report....................  Sec.   679.5(e)(5)(ii)
C/P or mothership production report..........  Sec.   679.5(e)(10)(iv)
Electronic logbooks..........................  Sec.   679.5(f)(2)(iii)(B)
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    NMFS received a public comment on the IERS supplemental proposed 
rule (75 FR 55368; September 24, 2008) regarding the time limit to 
submit an eLandings C/P production report. The commenter wrote that the 
proposed deadline of noon each day to record the previous day's discard 
and disposition information did not provide enough time for the vessel 
operator to obtain from the observer information needed to submit the 
report, especially for catch brought onboard the vessel immediately 
before midnight. He requested that NMFS change the deadline to increase 
the time allowed to record the previous day's discard and disposition 
information. NMFS agreed with this comment. In the IERS final rule, 
NMFS revised regulations at Sec.  679.5(c)(3) and (c)(4) for trawl, 
longline, or pot C/Ps to change the data entry time limit for discard 
and disposition information in the eLandings production report from 
noon to midnight each day to record the previous day's information.
    Regulations that require information to be recorded or submitted 
``by noon of the following day'' would be revised to read ``by midnight 
of the following day'' in the DFL and DCPL. Operators of C/Ps or 
motherships would be required to submit their eLandings production 
reports by midnight each day to record the previous day's production 
information. For example, a C/P would submit a production report by 
midnight on November 2 that detailed production occurring on November 
1.
    After publication of the IERS final rule, industry representatives 
asked NMFS to change time limits for other data submitted by C/Ps and 
motherships. Because NMFS agrees that the deadlines for recording and 
submitting information should be consistent in 50 CFR part 679, NMFS 
proposes to revise the data entry deadlines for DFLs, DCPLs, ELBs, and 
eLandings. For additional time reference consistency, NMFS would revise 
references to ``noon'' and ``midnight'' in Sec.  679.5 to the 
corresponding 24-hour clock reference in Alaska local time (A.l.t.). 
Noon would be changed to 1200 hours, A.l.t., and midnight would be 
changed to 2400 hours, A.l.t.
    The deadlines for recording information in the ELBs should be 
consistent with the deadlines for recording the same information in the 
DFLs and DCPLs. Therefore, NMFS would revise the ELB regulations at 
Sec.  679.5(f)(2)(iii)(B) to refer to the paragraphs in Sec.  679.5(c) 
that contain the time limits for recording information in the DFLs and 
DCPLs.
    In addition, NMFS would change the deadline for a vessel operator's 
signature in the DFLs, DCPLs, and ELBs from noon to midnight because 
the logsheets should not be signed until all required information has 
been recorded.
    The deadline for printing a copy of the ELB logsheet also would be 
revised to midnight each day so that the logsheets are not printed 
before all the information required to be recorded for the day has been 
recorded.
    NMFS would revise the submittal time limits for SSP or SFP 
eLandings landing reports. All the information in the landing report 
currently is required to be submitted by noon of the day following 
completion of the delivery. This rule would revise the submittal time 
limit for the ``landed scale weight'' of the delivery. Submission of 
estimated weights could be submitted by the manager if the actual 
landed scale weight is not available by noon of the day following 
completion of the delivery. NMFS would allow the SSP or SFP manager to 
submit a revised landing report with the actual landed scale weights by 
noon of the third day after completion of the delivery. NMFS would 
provide this additional time because it sometimes takes longer than a 
day to weigh all catch from a delivery.
    In addition to revisions to the submittal time limits, the proposed 
rule would remove the requirement at Sec.  679.5(e)(5)(i)(B)(1) to 
record the date of landing in the SSP or SFP landing report, because 
this information already is required in the landing report under

[[Page 7791]]

Sec.  679.5(e)(5)(i)(A)(5). The proposed rule also would remove the 
requirement at Sec.  679.5(e)(5)(i)(A)(11) to submit the ``total 
estimated hail weight'' on the landing report. The ``hail weight'' is 
an estimate of the total weight of the entire catch in a delivery 
without regard to species. The landing report requires the submission 
of either estimated or landed scale weight for each species. An 
estimate of the total weight of all catch in the delivery is not needed 
on the landing report and is not currently included in the eLandings 
data entry screens for the landing report, so the requirement would be 
removed from Sec.  679.5.
    NMFS would revise the time limits for recording information about 
the scale weight of a haul and the Community Development Quota (CDQ) 
group number in the C/P trawl and mothership DCPLs in response to a 
comment received on the proposed rule for Amendment 91 to the Fishery 
Management Plan (75 FR 14016; March 23, 2010). Five of the six CDQ 
groups and the At-Sea Processors Association commented that current 
regulations require operators of trawl C/Ps to record the scale weight 
for the haul and the CDQ group number within 2 hours after completion 
of gear retrieval. However, they noted that it is unlikely that all the 
catch from a haul will be weighed within 2 hours of gear retrieval. 
Catch is often held in tanks for several hours after the gear is 
retrieved before weighing and processing. In addition, vessel operators 
and CDQ group representatives need haul weight and catch composition 
before deciding whether to assign the haul to the CDQ group or to the 
non-CDQ fisheries. They recommended that the time limit for recording 
scale weight and CDQ group number should be changed to within 2 hours 
after the completion of weighing of the catch from the haul. That 
period would provide adequate time for the crew to safely move the fish 
across the scale and reduce pressure on the observer, who must 
simultaneously monitor the haul and complete other sampling duties. 
NMFS agrees with this recommendation because the time for completion of 
weighing of the catch from each haul is available from two sources. The 
observer records the time of completion of catch weighing of each haul. 
In addition, the daily printout from the at-sea scales shows date and 
time.
    BSAI Amendment 91 was published August 30, 2010 (75 FR 53026). That 
final rule applied to participants in the pollock (Theragra 
chalcogramma) fishery in the Bering Sea subarea of the BSAI. NMFS 
changed the time limit in the Amendment 91 final rule for operators of 
catcher/processors, catcher vessels delivering to motherships, and 
motherships to record the CDQ group number in the paper or electronic 
logbooks to within 2 hours after completion of weighing on the scale 
all catch in the haul.
    This current rule proposes to revise and standardize reporting time 
limits for recording scale weights of each haul and other required 
information; these requirements affect more vessels than those 
regulated under Amendment 91. This rule proposes to revise the time 
limit for recording scale weight and CDQ group number to within 2 hours 
after the completion of weighing of the catch from the haul.
    In addition, NMFS would revise the time limit to record scale 
weights in the DCPL within 24 hours after completion of gear retrieval 
for C/Ps participating in the Central Gulf of Alaska Rockfish Program. 
That time limit was implemented in the IERS final rule to provide 
sufficient time for the vessel operator to weigh all the catch in a 
haul before recording the weight in the DCPL. However, NMFS believes 
that requiring recording of scale weights within 2 hours after the 
completion of weighing all catch in the haul would provide sufficient 
recording time for all C/Ps, including those participating in the 
Rockfish Program.
    The submittal time limits for eLandings production reports that 
allow SSPs or SFPs not taking deliveries over a weekend to submit 
production reports by noon the following Monday would be clarified to 
state that this allowance applies to submitting production reports from 
Saturday or Sunday only.
    The reporting time limit tables for C/P and mothership DCPLs and 
eLandings in Sec. Sec.  679.5(c)(3)(ii)(B), 679.5(c)(4)(ii)(B), and 
679.5(c)(6)(ii) would be revised to remove the ``X'' in the column 
titled ``Submit via eLandings'' for information that is not required to 
be submitted via eLandings. This includes the ``X'' in the rows of the 
tables associated with information required to be submitted within 2 
hours, ``all other required information,'' and signatures on the 
logsheets.

Miscellaneous Proposed Revisions

    NMFS proposes several revisions and edits to the regulations at 50 
CFR part 679 that would correct miscellaneous errors, standardize text, 
reorganize eLandings text, remove outdated text, and correct cross 
references. Most of these proposed measures are technical in nature.

Standardize Certain Terms To Report Groundfish Catch in Logbooks and 
eLandings

    Recording data in a vessel logbook is procedurally different from 
submitting data through eLandings. This rule would standardize certain 
terms used to describe data entry of groundfish catch in vessel 
logbooks and eLandings to make the regulations easier for the public to 
understand. Motherships and C/Ps are required to use a combination of 
DCPL and eLandings to record fisheries information. SSPs and SFPs are 
required to use eLandings to record fisheries information. In 
regulatory text, NMFS would use the word ``record'' or ``recording'' 
when referring to entering data in a DFL or DCPL, because data are 
written or entered into the logbook by hand. NMFS would use the term 
``submit'' for entering information into eLandings, because eLandings 
records and transmits the data to NMFS. For the combined activity of 
recording in the DCPL and submitting data through eLandings, NMFS would 
use the term ``reporting.'' Revisions to these terms would be made in 
numerous locations in Sec. Sec.  679.5(c) and 679.5(e).
    This rule would standardize the use of the terms ``landings'' and 
``landing'' in numerous locations in Sec.  679.5 because these two 
terms are inconsistently used in current regulations. This rule would 
revise regulatory text to use the correct form of the term. When used 
as a noun, the term ``landings'' would be used. When used as an 
adjective, the term ``landing'' would be used.

Crew and Observer Information

    To resolve an inadvertent omission in the eLandings regulations, 
proposed paragraph 679.5(e)(8)(iii)(D) would be added. NMFS would 
require that the RCR record the number of crew aboard a vessel and 
observer information on the crab landings report. This information was 
not included in the IERS final rule, but these are not new data 
elements. This information is currently required in the DCPLs and on 
the eLandings data entry screen.

Revise IFQ Manual Landing Report Heading

    This rule would revise the heading for Sec.  679.5(e)(1)(iii) from 
``Reporting of IFQ crab, IFQ halibut, and IFQ sablefish'' to ``IFQ 
manual landing report'' because it would improve the description of 
that section.

eLandings Processor Registration

    This proposed rule would revise Sec.  679.5(e)(2)(ii) regarding the 
eLandings User Agreement Form. This rule would remove detailed NMFS 
mail, fax, and

[[Page 7792]]

delivery addresses and replace them with one paragraph stating that the 
form must be submitted in accordance with instructions on the form.

Text Clarification Registered Buyer Landing Report

    Paragraph 679.5(e)(7)(iii)(C) for a Registered Buyer landing report 
would be revised to simplify the text by removing ``a completed IFQ 
landing report'' and replacing it with ``an IFQ landing report'' and by 
removing ``as described in this paragraph (e)(7)'' and replacing it 
with ``containing the information described in this paragraph (e)(7).''

Printing and Inspection of Landing Reports, Landing Receipts, and 
Production Reports

    Paragraphs 679.5(e)(11) and (12) would be revised so that both 
paragraphs refer to the documents using the document names used 
elsewhere in Sec.  679.5 and in the same order in both paragraphs. 
These paragraphs describe the printing, retention, and inspection of 
landing reports, landing receipts, and production reports. The 
documents, which must be printed, are the same documents that must be 
retained and made available for inspection. Revising the regulations to 
use consistent terms in the same order would enhance compliance with 
the requirements by making them easier to understand.

Scale Inspection Locations

    This proposed rule would reinstate regulations about the location 
where scale inspections would occur under Sec.  679.28(b)(2)(v). This 
paragraph would state that scales inspections by inspectors paid by 
NMFS will be conducted on vessels tied up at docks in Kodiak, Alaska; 
Dutch Harbor, Alaska; and in the Puget Sound area of Washington State. 
This paragraph was inadvertently removed from Sec.  679.28 in the IERS 
final rule.

Changes to Tables

    This rule would modify several regulatory tables. These 
modifications do not change the regulatory requirements or impose costs 
on entities.
    Table 1a to part 679 describes delivery condition and product 
codes. This action would add a footnote to define ``delivery 
condition.'' ``Delivery condition'' would be defined as the condition 
of the fish or shellfish at the point it is weighed and recorded on the 
ADF&G fish ticket.
    Table 1b to part 679 describes discard and disposition codes. This 
rule would revise Table 1b by adding a footnote to define ``disposition 
code.'' Disposition would be the intended use or disposal of the fish 
or shellfish.
    This action would revise or add several species codes.
    Tables 2a and 2d to part 679 currently describe species codes for 
FMP species and species codes for non-FMP species, respectively. Bering 
flounder, Hippoglossoides robustus, (species code 116) would be moved 
from Table 2d to Table 2a to part 679 because this species is managed 
under a Fishery Management Plan as part of the ``other flatfish'' group 
and therefore qualifies as an ``FMP groundfish.''
    This action would provide separate species codes for Arrowtooth 
flounder, Atheresthes stomias, and for Kamchatka founder, Atheresthes 
evermanni. Arrowtooth flounder/Kamchatka flounder have been combined 
under the species code 121, because they are very similar in 
appearance, difficult to identify to species, and few Kamchatka 
flounder have been harvested until recent years. Separate species codes 
are necessary to allow proper reporting of the catch of these two 
species. As increasing amounts of Kamchatka flounder are harvested, 
observers and industry members are increasing efforts to identify and 
report the separate species. Arrowtooth flounder and Kamchatka flounder 
have been combined in Table 2a to part 679 under the species code 121. 
This action would add a new species code, 117, for Kamchatka flounder 
to Table 2a to part 679 and would revise the definition of species code 
121 in this table to mean only Arrowtooth flounder.
    Table 3 to part 679 describes product recovery rates (PRRs) for 
groundfish species and conversion rates for Pacific halibut. Standard 
(or average) PRRs are used to calculate round weight equivalents for 
each groundfish species and product combination from a given product. 
The proposed rule would make these minor revisions to Table 3 to part 
679:
     Remove obsolete product codes, 2 and 42.
     Replace species codes for skates and sharks with dashes (- 
- -), because there are several individual species codes for these 
species and these PRRs apply to all of them.
    Table 10 to part 679 describes Gulf of Alaska (GOA) retainable 
percentages. This action would make minor revisions to two footnotes. 
In Footnote 4, this rule would correct the spelling for the Latin term 
for Northern rockfish to read S. polyspinis. In Footnote 6, this rule 
would remove text that duplicates requirements described at Sec.  
679.20(j). Duplicative text within regulations can promote confusion if 
differences occur, and a table is not a suitable location for 
regulatory requirements. In Footnote 10, which lists aggregated forage 
species, the entry for Pacific herring (family Clupeidae) would be 
removed as it was incorrectly placed there. Pacific herring is not a 
forage fish.
    Table 21 to part 679 describes the eligible GOA communities, the 
halibut IFQ regulatory use areas, and the community governing body that 
recommends the community quota entity. This rule would correct the 
spelling for the name of one of the communities listed in Table 21. The 
spelling of Port Lyons would be corrected to read Port Lions, for both 
the eligible community and the governing body.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the provisions of the Magnuson-Stevens Act and other 
applicable law, subject to further consideration after public comment.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.

Factual Basis for Certification

Estimate of Economic Impact on Small Entities by Entity Size and 
Industry

    NMFS does not expect this action to have a significant economic 
impact on a substantial number of small entities. None of the six 
components of this action are expected to impose more than de minimus 
costs on directly regulated entities of any size. The RIR prepared for 
this action provides detailed analyses of each component. Details of 
each of the components are presented in the preamble. In summary:
    Component 1 revises regulations to standardize language between 
logbooks and the eLandings system. While this component should make 
regulations easier for the public to use, it does not add to or 
subtract from the regulations applying to regulated entities, and 
creates no costs for them.
    Component 2 standardizes data entry time limits for recording 
information in the DFL, the DCPL, eLandings, and electronic logbooks. 
Standardizing data entry and submission time limits would not impose 
any additional costs on industry and may reduce costs by reducing the 
number of different daily

[[Page 7793]]

deadlines that apply to entry of data into the logbooks.
    Component 3 standardizes the use of the terms ``landings'' and 
``landing.'' This action makes regulations easier to understand, does 
not restrict the behavior of the public, and imposes no costs on the 
public.
    Component 4 requires the RCR to record in eLandings the region in 
which the SFP is located at the time of crab delivery. This information 
would assist NMFS in monitoring regional delivery requirements 
incorporated into the CR Program to protect rural areas. The costs of 
complying with this regulation would be de minimus.
    Component 5 revises regulations to correct minor problems. These 
changes would clarify the text of the regulations, reinstate 
regulations that were incorrectly removed, and ensure the regulations 
accurately describe eLandings procedures. NMFS now requires processors 
to use eLandings instead of DCPLs to enter much of the required data. 
In one instance, eLandings regulations would be modified to add 
information on crew and observers that has long been required in the 
DCPL regulations, was included in the eLandings software, but was 
inadvertently omitted from the eLandings regulations. Crew information 
is required in the longline or pot gear DCPL at Sec.  
679.5(c)(3)(v)(F), and observer information is required at Sec.  
679.5(c)(3)(v)(I). Crew information is required in the trawl gear DCPL 
at Sec.  679.5(c)(4)(v)(G), and observer information is required at 
679.5(c)(4)(v)(J). Crew information is required in the mothership DCPL 
at Sec.  679.5(c)(6)(v)(E), and observer information is required at 
679.5(c)(6)(v)(I). Because the crew and observer information is already 
required in the DCPLs, requiring data entry of the same information 
into eLandings instead of the DCPLs would not require increased burden 
to provide the information. This component imposes no increased cost 
for entities, and may in fact reduce the burden.
    Component 6 modifies regulatory tables to clarify them. These 
changes do not add to or subtract from the regulatory requirements 
imposed on entities; nor do they impose costs on entities.

Description and Estimate of the Number of Small Entities To Which the 
Rule Applies

    This action directly regulates entities that are required to use 
the eLandings system for reporting landings. These entities are 
diverse, and include groundfish C/Ps, groundfish motherships, 
groundfish SFPs, groundfish SSPs, CDQ groups, CR Program RCRs, CR 
Program C/Ps, and halibut and sablefish IFQ Program Registered Buyers. 
In 2009, there were 205 registered eLandings users.
    NMFS estimates that this action may directly regulate the following 
numbers of potential small entity eLandings users:
     Groundfish C/Ps. In 2008, 86 vessels were registered as 
groundfish C/Ps. Only 11 of these had gross revenues less than or equal 
to $4 million. An examination of these indicated that five had 
affiliations that would make them large entities. Thus, there were 
perhaps six small C/Ps. This number may actually be smaller if there 
are relevant affiliations between these and other firms of which NMFS 
is unaware.
     Groundfish motherships. In recent years, there have been 
three active groundfish motherships. These are considered to be large 
entities, due to their affiliations with American Fisheries Act 
cooperatives.
     Groundfish SFPs: In 2008, nine firms apparently operated 
permitted SFPs. Based on a staff review of the firms registered as 
primary owners, NMFS estimates that five of these may have been small 
entities. This number may actually be smaller, if there are relevant 
affiliations between these and other firms of which NMFS is unaware.
     Groundfish SSPs: In 2008, an estimated 80 separate firms 
held Federal processor permits allowing them to process groundfish. 
Based on NMFS' review of a list of the permitted processors, 72 of 
these are estimated to be small entities. The number of small entities 
may actually be smaller, if there are relevant affiliations between 
these and other firms of which NMFS is unaware.
     CDQ groups: There are six CDQ groups. These are non-profit 
organizations and are considered small entities for the purpose of a 
regulatory flexibility analysis.
     CR Program RCRs: NMFS Alaska Region Restricted Access 
Management (RAM) records show 20 separate firms with RCR permits for 
the 2008-2009 season. Based on NMFS' examination of the list, NMFS 
estimates that 13 of these are small entities. The number of small 
entities may actually be smaller if there are relevant affiliations 
between these and other firms of which NMFS is unaware.
     CR Program C/Ps: NMFS has identified five crab C/Ps in 
2009. NMFS cannot report the numbers of large and small C/Ps, because 
of confidentiality regulations (50 CFR 600.405).
     Halibut and sablefish IFQ Program: Registered Buyers must 
report electronically, but they may use eLandings or another, older 
NMFS electronic reporting system to report halibut and sablefish IFQ 
data. In 2009, NMFS identified 462 distinct Registered Buyers. Most of 
these 462 Registered Buyers are small entities. In 2010, NMFS 
identified 157 distinct Registered Buyers registered to use eLandings.
    Given the criteria governing the use of the word ``substantial,'' 
these estimates of small entity numbers indicate that this action could 
directly regulate substantial numbers of small entities.

Criteria Used To Evaluate Whether the Rule Would Impose Significant 
Economic Impacts

    Pursuant to NMFS' guidelines, the two criteria recommended by the 
Regulatory Flexibility Act to determine the significant economic impact 
of the action are disproportionality and profitability. The proposed 
action would not place a substantial number of small entities at a 
disadvantage relative to large entities. NMFS expects any costs to be 
de minimus. This action would create opportunities for some small 
entities to reduce their costs slightly and, thus, perhaps slightly 
increase their profitability. The benefit is probably proportionally 
greater for small entities than for large ones, but still small 
overall.

Criteria Used To Evaluate Whether the Rule Would Impose Impacts on a 
Substantial Number of Small Entities

    NMFS' guidelines for economic review of regulatory actions explain 
that the term ``substantial number'' has no specific statutory 
definition and the criterion does not lend itself to objective 
standards applicable across all regulatory actions. Rather, 
``substantial number'' depends upon the context of the action, the 
problem to be addressed, and the structure of the regulated industry. 
The Small Business Administration defines ``substantial'' within the 
context of ``more than just a few'' or de minimus criteria.

Description of and Basis for Assumptions Used

    The estimates of the numbers of small entities that may be affected 
were derived from several sources. Gross revenue estimates for 
individual C/Ps were provided by the Alaska Fisheries Science Center. 
Lists of SFPs, SSPs, CDQ groups, CR Program RCRs, and IFQ Registered 
Buyers were obtained from lists maintained by the NMFS Alaska Region's 
RAM Program. The list of CR Program C/Ps was obtained from the

[[Page 7794]]

Alaska Region's catch accounting system. Almost all data reflect 2008 
conditions as reported by NMFS sources in October 2009. Identification 
of large entities--when gross revenues were unavailable or when 
determination was based on other standards--was based on NMFS Alaska 
Region staff knowledge of the relevant firms.
    The economic analysis contained in the RIR further describes the 
potential economic impacts of this action. Based upon that analysis, 
NMFS finds that the proposed action would not have a significant 
economic impact on the small entities participating in these fisheries. 
As a result, an initial regulatory flexibility analysis is not 
required, and none has been prepared.
    All the items included in this action would create no new costs for 
NMFS, because the costs of eLandings implementation have already been 
incurred. In fact, in addition to having more options, the industry may 
have fewer costs due to increased efficiency. Administrative costs for 
NMFS would also be reduced by streamlining the administrative process, 
with no appreciable loss of necessary data or management capabilities.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
the Office of Management and Budget (OMB). Public reporting burden 
estimates per response for these requirements are listed by OMB control 
number.

OMB Control Number 0648-0213

    Public reporting burden is estimated to average per response: 18 
minutes for catcher vessel trawl gear DFL; 28 minutes for catcher 
vessel longline or pot gear DFL; 31 minutes for mothership DCPL; 41 
minutes for catcher/processor longline or pot gear DCPL; and 30 minutes 
for catcher/processor trawl gear DCPL or ELB.

OMB Control Number 0648-0515

    Public reporting burden is estimated to average per response: 15 
minutes for eLandings application processor registration; 35 minutes 
for eLandings landing report; and 20 minutes for catcher/processor or 
mothership eLandings production report.

OMB Control Number 0648-0330

    Public reporting burden is estimated to average per response: 6 
minutes for inspection request for an at-sea scale.
    Public reporting 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 on these or any other aspects of the collection-of-
information to NMFS Alaska Region at the ADDRESSES above, and e-mail to 
OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection-of-information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 4, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.

    2. In Sec.  679.5,
    A. Remove paragraphs (c)(3)(i)(C)(2) and (e)(5)(i)(A)(11);
    B. Redesignate paragraph (c)(3)(i)(C)(1) as (c)(3)(i)(C), 
paragraphs (c)(4)(ii)(B)(2) through (6) as paragraphs (c)(4)(ii)(B)(3) 
through (7); and paragraph (e)(5)(i)(A)(12) as (e)(5)(i)(A)(11);
    C. Revise paragraphs (c)(3)(ii)(A) table heading, (c)(3)(ii)(A)(2), 
(c)(3)(ii)(B) introductory text, (c)(3)(ii)(B) table heading, 
(c)(3)(ii)(B)(1), (2), (3), (4), and (5), (c)(4)(ii) heading, 
(c)(4)(ii)(A) table heading, (c)(4)(ii)(A)(2), (c)(4)(ii)(B) 
introductory text, (c)(4)(ii)(B) table heading, (c)(4)(ii)(B)(1), newly 
redesignated (c)(4)(ii)(B)(3) through (6), (c)(6)(ii) heading, 
(c)(6)(ii) introductory text, (c)(6)(ii) table heading, (c)(6)(ii)(A), 
(B), (C), (D), and (E), (e)(2)(ii), (e)(4), (e)(5)(i)(B), (e)(5)(ii), 
(e)(6)(ii), (e)(7)(iii)(C), (e)(8)(iii)(B), (e)(9)(ii), (e)(10)(iv), 
(e)(11)(i), (e)(12), (f)(2)(iii)(B)(1), and (f)(3)(i)(C); and
    D. Add paragraphs (c)(4)(ii)(B)(2) and (e)(8)(iii)(D).
    The additions and revisions read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (A) * * *

       Reporting Time Limits, Catcher Vessel Longline or Pot Gear
------------------------------------------------------------------------
          Required information               Time limit for recording
------------------------------------------------------------------------
 
                               * * * * * *
(2) Discard and disposition information  By 2400 hours, A.l.t., each day
                                          to record the previous day's
                                          discard and disposition
                                          information.
 
                              * * * * * * *
------------------------------------------------------------------------

    (B) Catcher/processor. The operator of a catcher/processor using 
longline or pot gear must record in the DCPL or submit via eLandings 
the information from the following table for each set within the 
specified time limit:

[[Page 7795]]



                          Reporting Time Limits, Catcher/Processor Longline or Pot Gear
----------------------------------------------------------------------------------------------------------------
                                                 Record in    Submit via
             Required information                  DCPL        eLandings          Time limit for reporting
----------------------------------------------------------------------------------------------------------------
(1) Set number, time and date gear set, time             X   ............  Within 2 hours after completion of
 and date gear hauled, beginning and end                                    gear retrieval.
 positions, CDQ group number, halibut CDQ
 permit number, halibut IFQ permit number,
 sablefish IFQ permit number, crab IFQ permit
 number, FFP number and/or Federal crab
 vessel permit number (if applicable), number
 of pots set, and estimated total hail weight
 for each set.
(2) Discard and disposition information......  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's discard
                                                                            and disposition information.
(3) Product information......................  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's production
                                                                            information.
(4) All other required information...........            X   ............  By 2400 hours, A.l.t., of the day
                                                                            following completion of production.
(5) Operator sign the completed logsheets....            X   ............  By 2400 hours, A.l.t., of the day
                                                                            following the week-ending date of
                                                                            the weekly reporting period.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (4) * * *
    (ii) Reporting time limits.
    (A) * * *

            Reporting Time Limits, Catcher Vessel Trawl Gear
------------------------------------------------------------------------
          Required information               Time limit for recording
------------------------------------------------------------------------
 
                              * * * * * * *
(2) Discard and disposition information  By 2400 hours, A.l.t., each day
                                          to record the previous day's
                                          discard and disposition
                                          information.
 
                              * * * * * * *
------------------------------------------------------------------------

     (B) Catcher/processor. The operator of a catcher/processor using 
trawl gear must record in the DCPL or submit via eLandings the 
information in the following table for each haul within the specified 
time limit:

                               Reporting Time Limits, Catcher/Processor Trawl Gear
----------------------------------------------------------------------------------------------------------------
                                                 Record in    Submit via
             Required information                  DCPL        eLandings          Time limit for reporting
----------------------------------------------------------------------------------------------------------------
(1) Management program, except CDQ Program,              X   ............  Within 2 hours after completion of
 haul number, time and date gear set, time                                  gear retrieval.
 and date gear hauled, begin and end
 positions of gear, and, if not required to
 weigh catch on a scale approved by NMFS,
 total estimated hail weight for each haul.
(2) CDQ group number (if applicable) and, if             X   ............  Within 2 hours after completion of
 required to weigh catch on a scale approved                                weighing all catch in the haul.
 by NMFS, the scale weight of total catch for
 each haul.
(3) Discard and disposition information......  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's discard
                                                                            and disposition information.
(4) Product information......................  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's production
                                                                            information.
(5) All other required information...........            X   ............  By 2400 hours, A.l.t., of the day
                                                                            following completion of production
                                                                            to record all other required
                                                                            information.
(6) Operator sign the completed logsheets....            X   ............  By 2400 hours, A.l.t., of the day
                                                                            following the week-ending date of
                                                                            the weekly reporting period.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (6) * * *
    (ii) Reporting time limits. The operator of a mothership must 
record in the DCPL or submit via eLandings the information in the 
following table for each groundfish delivery within the specified time 
limit:

[[Page 7796]]



                                        Reporting Time Limits, Mothership
----------------------------------------------------------------------------------------------------------------
                                                 Record in    Submit via
             Required information                  DCPL        eLandings          Time limit for reporting
----------------------------------------------------------------------------------------------------------------
(A) All catcher vessel or buying station                 X   ............  Within 2 hours after completion of
 delivery information.                                                      receipt of each groundfish delivery.
(B) Product information......................  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's production
                                                                            information.
(C) Discard or disposition information.......  ............            X   By 2400 hours, A.l.t., each day to
                                                                            record the previous day's discard/
                                                                            disposition.
(D) All other required information...........            X   ............  By 2400 hours, A.l.t., of the day
                                                                            following completion of production.
(E) Operator sign the completed logsheets....  ............  ............  By 2400 hours, A.l.t., of the day
                                                                            following the week-ending date of
                                                                            the weekly reporting period.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
* * * * *
    (e) * * *
    (2) * * *
    (ii) Upon registration acceptance, the User must print, sign, and 
mail the User Agreement Form to NMFS at the address or fax number shown 
on the form. 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.
* * * * *
    (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, operation type (for C/Ps, motherships, or SFPs), 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) * * *
    (i) * * *
    (B) Landed scale weight. The User for a SSP or SFP must record 
landed scale weight (to the nearest pound) for all retained species 
from groundfish deliveries by species code and delivery condition code. 
Obtain actual weights for each groundfish species received and retained 
by:
    (1) Sorting according to species codes and direct weighing of that 
species, or
    (2) Weighing the entire delivery and then sorting and weighing the 
groundfish species individually to determine their weights.
* * * * *
    (ii) Submittal time limit. The User for an SSP or SFP must submit a 
landing report containing the information described in paragraph 
(e)(5)(i) of this section for each groundfish delivery from a specific 
vessel by 1200 hours, A.l.t., of the day following completion of the 
delivery. If the landed scale weight required in paragraph (e)(5)(i)(C) 
of this section is not available by this deadline, the User must 
transmit an estimated weight for each species by 1200 hours, A.l.t., of 
the day following completion of the delivery, and must submit a revised 
landing report with the landed scale weight for each species by 1200 
hours, A.l.t., of the third day following completion of the delivery.
* * * * *
    (6) * * *
    (ii) Submittal time limit. The User for a mothership must submit a 
landing report containing the information described at paragraph 
(e)(6)(i) of this section for each groundfish delivery from a specific 
vessel by 2400 hours, A.l.t., of the day following the delivery.
* * * * *
    (7) * * *
    (iii) * * *
    (C) Landing completion. The User for the Registered Buyer must 
submit an IFQ landing report, containing the information 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.
* * * * *
    (8) * * *
    (iii) * * *
    (B) Operation type and port code. (1) If an SSP, the port code is 
pre-filled automatically (see Sec.  679.5(e)(4)).
    (2) If a catcher/processor, the at-sea operation type is pre-filled 
automatically.
    (3) If an SFP and crab delivery is received in port, the at-sea 
operation type is pre-filled automatically (see Sec.  679.5(e)(4)) and 
the User must enter the port code from Table 14a to this part.
    (4) If an SFP and crab delivery is received at sea, the at-sea 
operation type is pre-filled automatically (see Sec.  679.5(e)(4)) and 
the User must enter the appropriate crab regional designation (see 
Sec.  680.40(b)(2)), shown below:

                      CR Crab Regional Designations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
N...................  North Region..........  Landed in the Bering Sea
                                               subarea north of 56[deg]
                                               20' N. lat.
S...................  South Region..........  Landed in any area in
                                               Alaska, not in the North
                                               Region.
W...................  West Region...........  West of 174[deg] W. long.
                                               Only applicable for
                                               western Aleutian Islands
                                               golden king crab (WAG).
------------------------------------------------------------------------

* * * * *
    (D) Crew and observer information. (1) For crew size, enter the 
number of licensed crew aboard the vessel, including the operator.
    (2) Number of observers aboard.
* * * * *
    (9) * * *
    (ii) Submittal time limits. (A) When active pursuant to paragraph 
(c)(5)(ii) of this section, the User for an SSP or SFP

[[Page 7797]]

must submit a production report by 1200 hours, A.l.t., each day to 
record the previous day's production information.
    (B) If an SSP or SFP using eLandings is not taking deliveries over 
a weekend, the User or manager may submit the eLandings production 
report from Saturday and Sunday to NMFS by 1200 hours, A.l.t., on the 
following Monday.
* * * * *
    (10) * * *
    (iv) Submittal time limits. (A) Except as described in paragraph 
(e)(10)(iv)(B) of this section, 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 2400 hours, A.l.t., each 
day to record the previous day's production information.
    (B) If a vessel is required to have 100 percent observer coverage 
or more, the User may submit a production report for Friday, Saturday, 
and Sunday no later than 2400 hours, A.l.t., on the following Monday.
* * * * *
    (11) Printing of landing reports, landing receipts, and production 
reports--(i) The User daily must print a paper copy onsite or onboard 
of:
    (A) Each landing report.
    (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/
halibut IFQ landing receipt.
    (C) If IFQ crab, each crab IFQ landing receipt.
    (D) Each production report.
* * * * *
    (12) Retention and inspection 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.
    (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/
halibut IFQ landing receipt.
    (C) If IFQ crab, each crab IFQ landing receipt.
    (D) Each production report.
    (ii) 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) * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (1) Recording time limits. The time limits for recording applicable 
information in the ELBs are the same as the recording time limits for 
DFLs and DCPLs in paragraphs (c)(3), (c)(4), and (c)(6) of this 
section.
* * * * *
    (3) * * *
    (i) * * *
    (C) Print a copy of the ELB logsheet for the observer's use, if an 
observer is onboard the vessel, by 2400 hours, A.l.t., each day to 
record the previous day's ELB information.
* * * * *
    3. In Sec.  679.28, paragraph (b)(2)(v) is revised to read as 
follows.


Sec.  679.28  Equipment and Operational Requirements.

* * * * *
    (b) * * *
    (2) * * *
    (v) Where will scale inspections be conducted? Scales inspections 
by inspectors paid by NMFS will be conducted on vessels tied up at 
docks in Kodiak, Alaska; Dutch Harbor, Alaska; and in the Puget Sound 
area of Washington State.


Sec. Sec.  679.5, 679.28, 679.32, 679.40, 679.41, 679.42, 679.45, 
679.80, 679.90, 679.94  [Amended]

    4. At each of the locations shown in the ``Location'' column, 
remove the phrase indicated in the ``Remove'' column and replace it 
with the phrase indicated in the ``Add'' column for the number of times 
indicated in the ``Frequency'' column.

----------------------------------------------------------------------------------------------------------------
               Location                            Remove                          Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   67