[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Proposed Rules]
[Pages 6337-6343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3553]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 960206024-6024-01; I.D. 122795A]
RIN 0648-AG32
Groundfish of the Gulf of Alaska; Groundfish of the Bering Sea
and Aleutian Islands Area; Reporting and Recordkeeping
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
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SUMMARY: NMFS requests comments on this advance notice of proposed
rulemaking. If these proposed regulations were implemented, they would
require operators of processor vessels participating in the pollock
fisheries in the Gulf of Alaska (GOA) and the Bering Sea and Aleutian
Islands management area (BSAI) to install scales to weigh catch. This
document is necessary to obtain information from the operators of
processing vessels about problems involved in the proposed
installation, testing, and operation of marine scales to weigh fish
more accurately.
DATES: Comments must be submitted by March 21, 1996.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Lori Gravel.
FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.
[[Page 6338]]
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone (EEZ) of the GOA and the BSAI are managed by
NMFS in accordance with the Fishery Management Plan for Groundfish of
the Gulf of Alaska (GOA FMP) and the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI
FMP). The FMPs were prepared by the North Pacific Fishery Management
Council (Council) under the Magnuson Fishery Conservation and
Management Act. The FMPs are implemented by regulations that appear at
50 CFR parts 672, 675, and 676. General regulations that also govern
the groundfish fisheries appear at 50 CFR part 620.
Public comment is requested on the following issues:
1. Is the three-part scale evaluation and approval process
recommended by weights and measures officials necessary to assure that
scales on processor vessels provide accurate information about fish
weight?
2. How would ``authorized weights and measures inspectors'' be
provided to perform scale inspections if they are not available from
Federal or state weights and measures agencies due to staff and budget
constraints? Are contract inspectors available? If so, what
qualifications would be required for contracted inspectors?
3. If weights and measures inspectors can be identified, how can
the location and timing of scale inspections be established to minimize
the cost to processor vessels?
4. Belt-conveyor or ``in-line flow'' scales initially should be
tested by comparing the recorded weight of several tons of fish with
the known weight of this fish as determined by an independent certified
scale. How will relatively small amounts of groundfish be provided to
dockside locations in Washington or Alaska over a period of several
months in order to test scales on 48 processor vessels?
5. What effect does NMFS' recommendation that scales be used to
weigh total catch prior to discard or processing and that the weight of
individual species in the catch be determined by applying observers'
species composition data to the scale weight have on industry?
6. Are NMFS' cost estimates for purchase and installation of marine
scale systems accurate?
The Council Recommendation
The Council initially requested NMFS to analyze a requirement to
weigh catch processed at sea in 1990. In June 1994, the Council
reviewed an initial draft Environmental Analysis/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) on
improving total catch weight estimates in the groundfish fisheries, and
the draft analysis was revised based on recommendations from the
Council's Statistical and Scientific Committee and Advisory Panel. The
revised draft analysis was sent out for public review on September 6,
1994, and presented to the Council at its September 1994 meeting.
The draft EA/RIR/IRFA explained current methods to estimate catch
weight by species for all processor and catcher vessel types, and the
potential problems with each method. Although NMFS can identify
potential sources of uncertainty with current catch estimation
procedures, NMFS currently is unable to quantify how these sources of
uncertainty affect the accuracy of catch weight estimates.
The draft EA/RIR/IRFA analyzed several alternatives to improve
total catch weight estimates including requirements that (1) trawl
catcher/processors and motherships provide measured, marked, and
certified fish receiving bins to improve observers' volumetric
estimates of catch weight, (2) all processors with 100 percent observer
coverage weigh all catch before processing or discard, (3) all
processors, regardless of observer coverage, weigh all catch, and (4)
all processors and catcher vessels weigh all catch. In addition, the
Council considered an option to require that catch weight be assessed
using any method that would provide estimates within a specified range
of accuracy.
The draft EA/RIR/IRFA stated that the use of scale weights would
not address all of the potential problems identified in the analysis.
Observer species composition sampling would still be applied to the
total catch weight to estimate the weight of each species or species
group in the catch. Although properly designed and maintained marine
scale systems provide the equipment necessary to account accurately for
fish harvested by any vessel or processor type, no security or
monitoring system exists that will guarantee that all fish will be
weighed or that information from the scales will be accurately reported
to NMFS. The observer can provide an important compliance monitoring
role but, even with an observer aboard at all times, compliance cannot
be assured. Observers can periodically test the accuracy of the scale
and monitor use of the scale when they are on duty, but all activities
on vessels that operate round the clock cannot be monitored by one
person.
At its September 1994 meeting, the Council recommended that NMFS
prepare proposed regulations to require all processors participating in
the pollock fisheries to weigh their pollock catch on a scale, rather
than to provide for improved volumetric estimates of total catch
weight. The Council decided to focus initially only on processors
participating in the pollock fisheries for two reasons. First, these
fisheries represent the majority of groundfish catch off Alaska.
Second, the Council expressed the need for parity in the methods used
to estimate catch weight for purposes of the pollock allocations for
processing by the inshore and offshore components.
These proposed regulations do not include additional requirements
on shoreside processing plants because these scales already are
regulated by state weights and measures agencies. NMFS believes that
referencing these requirements or including additional requirements for
shoreside plant scale testing or certification would be redundant.
What Will be Weighed?
Although the Council only specified that pollock was to be weighed,
NMFS is recommending that all catch in the pollock fisheries be
weighed. All catch in the pollock fisheries includes the catch of all
pollock, all other groundfish species, and all nonallocated species. In
other words, all fish and marine invertebrates must be weighed prior to
discard or processing, unless otherwise specified in the regulations
(e.g., prohibited species). For trawl catcher/processors or processor
vessels taking deliveries of unsorted codends, all catch in each haul
or delivery that occurred during a week in which the processor vessel
was participating in the pollock fisheries would have to be weighed
before discard or processing. For processors taking deliveries from
trawl catcher vessels, all fish delivered by a catcher vessel
participating in the pollock fisheries must be weighed before discard
or processing. Operators of trawl catcher vessels could continue to
discard at-sea before they delivered their catch. Processors could sort
catch before weighing if the processors wish to weigh retained catch
separately from discarded catch.
NMFS is considering requiring that all catch in the pollock
fisheries be weighed for two reasons. First, if scales are to be
required on processor vessels, NMFS believes that these scales should
be used to improve estimates of the mortality of all fish and marine
[[Page 6339]]
invertebrates--not just the pollock. Second, this requirement more
closely follows current catch estimation procedures for trawl processor
vessels, which apply observers' species composition sampling data to
total catch weight estimates to estimate the weight of each species in
the catch.
Observers currently use one of two methods to make volumetric-based
estimates of total catch weight--codend volume estimates or bin volume
estimates. For a codend volume estimate, the observer estimates the
volume of fish in the net. For a bin volume estimate, the observer
estimates the volume of fish in one or more of the holding bins into
which fish are dumped from the net. After the volumetric estimate of
catch weight is made, fish are conveyed from the fish holding bins into
the factory. Observers sample unsorted catch as it is being conveyed
out of the bins to estimate the species composition of the total catch.
Almost immediately after the fish are conveyed out of the holding bins,
vessel crew sort retained catch from discards.
The use of an accurate and reliable scale to weigh total catch
would eliminate the need for the observers' volumetric estimates of
total catch weight. However, observers would still need to sample
unsorted catch to estimate the distribution of various species in the
catch, including prohibited species. A requirement to weigh only
pollock rather than total catch would result in the observer continuing
to make volumetric estimates of total catch weight in order to estimate
the weight of all nonpollock species in the catch. In addition, the
requirement to weigh only pollock may add a step to processors'
groundfish sorting, unless they are retaining all pollock and putting
small and damaged fish into a meal plant. Weighing pollock separately
from other groundfish catch would require processors to first sort all
pollock from other groundfish, then weigh the pollock, and then sort
out the pollock to be retained from that to be discarded.
Weighing at Sea
Scales in shoreside plants are regulated by state and local
government agencies, based on national standards established by the
National Conference on Weights and Measures (NCWM) and published by the
U.S. Department of Commerce, National Institute for Standards and
Technology (NIST) in Handbook 44. Handbook 44 includes design, use, and
performance standards for many different weighing and measuring
devices, including several different types of scales. All of the catch
from the BSAI and GOA pollock fisheries landed at a shoreside
processing plant is reported to be landed in Alaska and is regulated by
the Alaska Division of Measurement Standards.
Under Handbook 44 standards, scales in shoreside processing plants
usually must weigh certified test weights to within 0.20 percent of
their known weight. These scales are required to be inspected once or
twice a year, and most scales in large processing plants are inspected
every 6 months. However, scales in smaller processing plants or in
remote locations are often tested less than once a year due to limited
staff and budget resources in the Alaska Division of Measurement
Standards.
Groundfish catch processed at sea is not regulated by any weights
and measures agency for two reasons. First, no commercial transaction
occurs when a catcher/processor catches and processes groundfish.
Second, even in circumstances where a processor vessel is purchasing
catch from an independent catcher vessel in the EEZ, no state or local
government has jurisdiction over this transaction. The only activity on
processor vessels operating in the EEZ that is regulated by a weights
and measures agency is the packaging of processed product by weight
(e.g., a 10-kg box of fillets). Although the scales used to pack the
fish product by weight are not required to be certified, the accuracy
of the net weight indicated on the package label is regulated by the
state in which the fish are landed and sold. In other words, while
operators processor vessels are not required to have certified scales
on board, they are required to report accurate weights on their
packaged products. Testing of packaged product weight by a weights and
measures inspector generally occurs on shore, if it occurs at all.
Obtaining an accurate weight at sea requires a scale that has the
capability to compensate for vessel motion. Marine scales in use, or
proposed for use, use information from two weighing units (or ``load
cells'') to calculate an adjustment factor to apply to the scale weight
of fish to compensate for the effect of vessel motion. However, most
other features of the marine scales are similar to scales of the same
general design, such as belt-conveyor scales or hopper scales, that are
used on land. Handbook 44 includes standards that can be used to
evaluate a marine scale's performance on land, but additional standards
will have to be developed to evaluate the scale's performance at-sea or
in motion. These standards have not yet been developed because, to
date, no marine scale has been used for commercial purposes or within
the jurisdiction of a weights and measures agency.
In December 1993, NMFS hosted a meeting with representatives from
U.S. and international scale manufacturers. These representatives
stated that scales designed to compensate for the effect of vessel
motion could achieve a very high level of accuracy, perhaps to within 1
percent of known weight. Three processor vessels currently have motion
compensated conveyor scales and weigh fish as the fish move along the
conveyor belt between the holding bins and the factory. The same motion
compensation technology currently is used in platform scales used to
weigh packaged product and in roe grading machines.
NMFS believes that a requirement that a scale weigh standard test
weights to within 3 percent of their known weight is achievable under
all circumstances under which sorting and processing of groundfish
would occur. This accuracy level is well within the accuracy standard
recommended by the scale manufacturers and would provide a satisfactory
estimate for fishery management purposes.
A proposed rule to govern the use of scales in the pollock fishery
would include requirements that NMFS believes are necessary to monitor
effectively the use of scales and to assure that accurate information
is being obtained from the scales in the absence of direct oversight by
a weights and measures agency. These requirements are discussed below.
Compliance Monitoring
Processors would be required to notify NMFS as to the type of scale
that would be used on the processor vessel. Notification would include
a written description of the scale system that would be used to weigh
catch and a diagram of the location of the scale or scales on the
processor vessel and the location where the observer would sample
unsorted catch. Notification would be required 6 months prior to
initial installation, major modification, or relocation of a scale. The
purpose of this proposed requirement is to assure that on-board test
procedures for the particular type of scale have been developed by NMFS
in consultation with the scale manufacturer and the weights and
measures agencies. In addition, NMFS-certified observers, U.S. Coast
Guard personnel, NMFS Enforcement officers, and scale inspectors must
be notified in advance of the types of scales they may be expected to
evaluate. Currently, NMFS is proposing test procedures only for belt-
conveyor scales and hopper scales.
[[Page 6340]]
No other type of scale would be approved for use by NMFS until the
appropriate test procedures have been developed and included in NMFS
regulations.
Processors would decide which particular scale or scales to use and
where to install these scales, as long as installation or use of the
scale does not prevent observers from taking random samples of unsorted
catch.
NMFS proposes a monitoring system for scales on-board processor
vessels that would comprise three elements. The first element of the
scale monitoring program would be a one-time approval of each model of
scale under the National Type Evaluation Program (NTEP). NTEP approval
would assure that the scale is constructed and performs in the
laboratory according to standards set forth in Handbook 44. In
addition, the scale would be evaluated under a variety of ``influence
factors,'' such as temperature changes and voltage fluctuations. NTEP
approval would be expected to take between 6 months and 1 year from the
time the scale is submitted to the testing laboratory. No marine scale
has NTEP approval or has been submitted for NTEP approval. NMFS
believes that NTEP approval is an important first step in the
monitoring process, because it would provide an independent assessment
of the performance of the scales against established scale standards
before a particular type of scale is purchased or installed on a
processor vessel. Assuring that only high quality scales are installed
on processor vessels would prevent NMFS and the industry from spending
time or money on evaluating scales that cannot meet minimum standards.
In addition, the State of Alaska would require NTEP approval for
motion-compensated belt-conveyor scales, before they can be certified
for use in shoreside processing plants.
Scale manufacturers would submit their scales for NTEP approval and
provide processors with certification of approval. This certification
must be kept on the processor vessel with the scale and be made
available to the authorized officer. Four laboratories in the United
States are approved by NCWM to provide NTEP certification. The State of
California, Division of Measurement Standards in Sacramento, operates
the NTEP laboratory for the West Coast.
The second element of the monitoring system would be inspection by
a weights and measures inspector of each scale after it is installed on
the processor vessel. The inspection of each scale would be necessary
to assure that the scale is installed properly, the scale weighs
accurately when not in motion, the appropriate on-board test weights
are calibrated, and the vessel crew understands how to perform the on-
board test procedure. The inspection would be based on Handbook 44
standards with two exceptions. First, accuracy standards for the scales
would be specified in NMFS regulations. Second, scales would be
exempted from Handbook 44 requirements for sealed calibration units,
because this requirement would prevent the processor vessel crew from
performing periodic, necessary calibration of the scale at sea.
Belt-conveyor scale systems, or flow scales, would be evaluated
through a ``material test,'' which tests the performance of the scale
while weighing the material (i.e., fish) that it was designed to weigh
in the specific installation. Because the weight reading from a belt-
conveyor scale is a combination of information about the load on the
scale and the speed at which material is passing across the scale,
static testing, or the placement of a test weight on the scale, would
not adequately evaluate the scale's accuracy. The scale must be tested
by running material across the scale to evaluate the effect of the
conveyor belt installation, the loading and unloading of fish from the
scale, the belt speed, and other factors related to the installation of
the scale that may affect its accuracy. Simply running a series of
metal test weights across the scale is not considered an adequate test
of the scale's performance for an annual inspection, because the
material will not flow across the scale in the same way as fish, and
because it would be difficult to supply enough test weights to test the
scale at a capacity similar to its actual use capacity.
Once the scale has passed the material test, a standard test weight
would be certified by the weights and measures inspector. The test
weight would be a flat, stainless steel bar that could be placed on the
scale in contact with the weighing unit of the scale, but not the belt.
It would act as a continuous load on the scale for a 10-minute test
period. The accumulated weight recorded by the scale at the time of the
annual certification would be stamped on the test weight.
The initial inspection by a weights and measures inspector would
require vessel owners to schedule and pay for an inspection by either a
state weights and measures agency (i.e., State of Alaska or State of
Washington inspectors) or a contracted inspector. Officials of the
State of Alaska have notified NMFS that it cannot commit to providing
inspectors at this time due to budget and staff constraints.
Handbook 44 requires that a belt-conveyor scale be tested with an
amount of material equal to the capacity of the scale for 10 minutes.
Flow scales with capacities between 50 metric tons per hour (mt/hr) and
80 mt/hr, would need to be tested with between 8 and 13 mt of fish. The
material test of the flow scale could take a full day and would require
that an appropriate amount of fish and a certified platform or hanging
scale be available at a dockside location for the weights and measures
inspector. Because the tests likely would be done outside of the
commercial fishing seasons, the Council and NMFS would have to make
approximately 500 mt of groundfish available for scale testing. Vessels
owners would have to request authorization from the Director, Alaska
Region, NMFS (Regional Director) to catch the amount of fish needed for
their tests if the tests were performed outside of regular seasons.
The third element of the scale monitoring system would be periodic
testing of each scale using the standard test weight. This element
would be required because the NTEP approval process and the dockside
inspections do not test the scale's performance in motion. It is only
through periodic tests at sea that the efficacy of the ``motion
compensation'' devices can be assessed. The test weight would be placed
on the scale, the scale would run for 10 minutes, and a printed record
of the scale weight would be compared with the number stamped on the
test weight. The scale would be in compliance with these regulations if
the percent difference in the number stamped on the test weight and the
number recorded by the scale was 3 percent or less. As long as the
scale weighed the standard test weight accurately, and absent other
information, NMFS would assume that the scale was continuing to operate
as it did upon successful completion of the initial certification.
The certification and monitoring of hopper scales (similar in
design to those currently used in several shoreside processing plants)
would be much less complicated than belt-conveyor scales. The hopper
scales weigh successive batches of fish rather than a flow of fish. For
the initial certification, a weights and measures inspector would
evaluate the scale using standard, metal test weights in a range of
sizes. No test materials or fish would be required. The on-board test
procedure would involve the use of standard test weights that would
periodically be placed on the scale. A comparison of the known weight
of the test weights with the
[[Page 6341]]
scale's recorded weight at sea would indicate whether the scale was
weighing within the accuracy standard.
As an additional security measure, the scale would be required to
maintain a cumulative record of the number of hours the scale has been
operating and the weight of catch passing over or through the scale.
This record must be permanent and accessible to the scale operator, the
observer, or an authorized officer (read only) but must not be changed
or deleted (no write capability). The purpose of this requirement is to
provide information about the total catch weighed by the scale with the
cumulative reports of catch weight from each haul.
Printed output from the scale on each haul must provide the
following information: Starting date and time of haul, total weight of
catch in each haul, and end date and time of haul. In addition, the
scale must provide a printed record of the scale tests.
Initial Tests of At-sea Scales
One company participating in the 1995 pollock Community Development
Quota (CDQ) fisheries installed two different models of belt-conveyor
scales on two processors. Two observers were aboard each processor
vessel during the CD fisheries, and an additional NMFS staff person was
aboard for about 2 weeks. Observers performed limited material tests on
these scales by weighing 20 baskets of fish (up to 50 kg of fish per
basket) on either a motion-compensated or a beam-balance platform scale
and then on the belt-conveyor scales. Test results were highly
variable, ranging from less than 0.10 percent difference to almost 50
percent difference in weight between the platform and belt-conveyor
scales. The scale on one of the vessels was judged to be improperly
installed, because fish were allowed to fall onto the scale rather than
flow across it. This likely resulted in inaccurate weights. In
addition, the electric motor that drove the conveyor malfunctioned and
was not successfully repaired by vessel crew.
These limited tests of scales on processor vessels illustrate
several important points. The technology to accurately weigh fish
processed at sea exists. However, accurate weight depends on the proper
technology, proper installation of the scale, and the proper use of the
scale. In other words, an improper installation can negate any benefits
of a high quality scale. The proper functioning and installation of the
scale must be verified by a qualified weights and measures official
prior to use in the fishery. In the absence of this evaluation process,
NMFS cannot be assured that accurate weight can be obtained from the
scale. NMFS-certified observers cannot perform ``material tests''
involving weighing a ton of fish on two different scales each day due
to time, space, and energy limitations. In addition, observers are not
trained to determine whether the scale is properly installed or other
technical aspects of the scale installation or operation.
The Number of Processors Affected
In 1994, 66 processor vessels reported as either trawl catcher/
processors or motherships taking deliveries from trawl catcher vessels.
Of these, 45 trawl catcher/processors and three motherships reported
catch in the pelagic or bottom trawl pollock fisheries in the GOA or
BSAI. Each of these 48 processor vessels would be required to provide a
scale system that is capable of weighing catch before it is processed
or discarded. Although these processors could choose to weigh catch in
the other groundfish fisheries in which they participate, they would
not be required to do so.
Cost of the Scale Requirement to Industry
NMFS estimates that each processor vessel would pay about $50,000
for each marine scale. One scale manufacturer estimates that a hopper
scale system in development will cost about $20,000 each. However, this
scale currently is not available for sale, so the price estimate is
uncertain. Installation costs are much more difficult to estimate. Due
to space constraints on many processor vessels, the likely need to
relocate sorting space and processing equipment, the possibility that
more than one scale would be required on some vessels, and the wide
range of configurations on individual vessels, the installation cost
range for the scales could be between $5,000 and $250,000 per vessel.
Therefore, the total cost of purchasing and installing marine scales to
weigh groundfish catch on processor vessels may range between $55,000
and $300,000 per vessel.
A variety of other costs are associated with a requirement for
vessels to install marine scales, including the cost of reduced
efficiency as a result of changes in procedures for harvesting,
sorting, discarding, or processing groundfish. For example, sorting
space may be reduced and processing equipment may have to be moved to
accommodate the scale, possibly reducing the efficiency of the factory.
These costs also will vary among the vessels, depending on factory
configuration. Additional crew time may be required to monitor and
record information from the scale and to test, maintain, and repair the
scale. Finally, vessel operators may choose to purchase spare parts or
a back-up scale depending on the amount of fishing time that could be
lost if the scales break down.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
Dated: February 12, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are proposed to be amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.2, the definitions for ``Belt-conveyor scale'' and
``Hopper scale'' are added, in alphabetical order, to read as follows:
Sec. 672.2 Definitions.
* * * * *
Belt-conveyor scale means a device that employs a weighing element
in contact with a belt to sense the weight of the material being
conveyed and the speed (travel) of the material, and integrates these
values to produce total delivered weight.
* * * * *
Hopper scale means a scale designed for weighing bulk commodities
whose load-receiving element is a tank, box, or hopper mounted on a
weighing element. The scale may be adapted to the automatic weighing of
bulk commodities in successive drafts of predetermined amounts.
* * * * *
3. In Sec. 672.24, paragraph (g) is added to read as follows:
Sec. 672.24 Gear limitations.
* * * * *
(g) Weighing catch in the pollock fisheries in the EEZ--(1)
Applicability. Processor vessels participating in the pollock fisheries
in the EEZ must weigh all catch on a scale that meets the requirements
of this paragraph. A processor vessel is participating in the pollock
fisheries if directed fishing for pollock is not prohibited and if,
during any weekly reporting period, the round weight equivalent amount
of retained pollock is greater than the round weight equivalent amount
of any other retained groundfish species or species groups for
[[Page 6342]]
which a TAC has been specified under Sec. 672.20 or Sec. 675.20.
(2) Required equipment. (i) The processor vessel must provide a
scale or scale system, a printer capable of providing printed output
from the scale or scale system, and the appropriate standard test
weights as described in paragraphs (g)(3)(ii)(A) and (B) of this
section. Only belt-conveyor scales and hopper scales as defined at
Sec. 672.2 and meeting the certification and use requirements of this
paragraph (g) are authorized for use.
(ii) Installation. The scale or scale system must be installed in
the conveyor belt system that carries fish from fish holding bins to
either processing equipment or a discard chute. The location or use of
the scale or scales must not prevent the observer from sampling
unsorted catch.
(iii) Notification of proposed scale system. Processor vessel
operators must provide the Regional Director with a written description
of the scale system that will be used to weigh catch, including: The
name, manufacturer, and model number of the scale or scales; a diagram
of the location of the scale or scales on the processor vessel; and the
location where observers will obtain samples of unsorted catch. This
notification is required only prior to initial installation, major
modification, or relocation of a scale and must be received by the
Regional Director 6 months prior to using the scale to meet the
requirements of this paragraph.
(3) Scale certification. Each scale used to weigh catch under this
paragraph (g) must meet the requirements of the following three-part
scale certification process:
(i) National Type Evaluation Program Certificate of Conformance.
The particular model of scale must be certified under the National Type
Evaluation Program of the National Conference on Weights and Measures.
Application forms may be obtained from the National Institute for
Standards and Technology (NIST), Office of Weights and Measures,
Building 820, Room 223, Gaithersburg, MD 20899-0000. A copy of the
certificate of conformance for each model of scale must be maintained
on board the processor vessel at all times.
(ii) Initial installation or modification inspection. Each scale or
scale system must be tested and certified by an authorized weights and
measures inspector upon initial installation, after major modification
or installation of the scale at a different location on the vessel, or
at the request of the Regional Director. Scales will be tested in
accordance with the National Institute of Standards and Technology
(NIST) Handbook 44, ``Specifications, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices'', 1995 edition adopted
by the 79th National Conference on Weights and Measures, which are
incorporated by reference, with the exceptions listed in paragraphs
(g)(3)(ii)(A) and (B) of this section. Copies of Handbook 44 may be
obtained from the National Institute for Standards and Technology,
Office of Weights and Measures, Building 820, Room 223, Gaithersburg,
MD 20899-0000. Copies may be inspected at the NMFS Alaska Regional
Office. Written certification must be provided to the Regional Director
prior to January 1 of each year and a copy must be maintained on board
the processor vessel at all times. A certification signed by the
authorized weights and measures inspector must identify the vessel
name, scale model, and date of test; and certify that the scale or
scale system meets the standards specified for either belt-conveyor
scale systems or hopper scales, with the following additional
requirements or exceptions.
(A) Belt-conveyor scale systems. Belt-conveyor scales are not
required to meet Handbook 44 provisions for sealing in section 2.21,
paragraphs S.1.7, S.2.2, and UR.1.2. Certification of a belt-conveyor
scale requires accurate weighing of fish as determined by a material
test followed by calibration of a standard test weight to be used in on
board tests of the scale under paragraph (g)(3)(iii) of this section.
(1) Material test. An official test of a belt-conveyor scale system
is a material test. The material test must be performed with fish that
have been preweighed on the day of the material test on a scale
approved by the authorized weights and measures inspector. The scale
used to preweigh fish must be tested by the authorized weights and
measures inspector immediately prior to running the material test. The
weight of fish used in the material test must be equal to the full
capacity of the scale operating for 10 minutes. The belt-conveyor scale
must weigh the fish to within 1 percent of the weight determined
through preweighing.
(2) Standard test weight. The processor vessel must provide a
stainless steel bar that fits on the carriage of the scale to be used
as a standard test weight for on-board scale testing. Calibration of
the standard test weight by the weights and measures inspector must be
referenced to the results of the material test. The serial number of
the scale and the target weight after a 10-minute simulated load test
must be stamped on the standard test weight upon successful completion
of the material test. The standard test weight must be retained on
board the vessel at all times while the processor vessel is
participating in the pollock fisheries.
(B) Hopper scales. Hopper scales are not required to meet Handbook
44 provisions for sealing in section 2.20 paragraph S.1.11. An official
test of a hopper scale system is an increasing-load and decreasing-load
test using certified standard test weights provided by the authorized
weights and measures inspector and used according to procedures
specified in Handbook 44. In addition, a set of standard test weights
must be provided by the processor vessel to be used for on-board scale
testing. The standard test weights must be stainless steel, must not
exceed 10 kg each or 50 kg in total, and must be stamped with the
serial number of the scale and the certified weight of the standard.
The standard test weight must be retained on board the vessel at all
times while the processor vessel is participating in the pollock
fisheries.
(iii) On-board tests of scale performance. The NMFS certified
observer or any other authorized officer may perform, or witness vessel
crew performing, a test of the scale's performance at any time. The
procedure for testing a scale's performance must be based on the use of
a standard test weight or weights certified by an authorized weights
and measures inspector as described in paragraphs (g)(3)(ii)(A) and (B)
of this section. The standard test weights must be placed on, in, or
across the weighing element of the scale while the scale is operating.
The scale must record the weight of the certified test weight to within
3 percent of its certified weight as calculated by subtracting the
scale weight from the known weight of the test weights, dividing this
difference by the scale weight, and multiplying by 100 [-3.0 <= (((certified="" weight-scale="" weight)/scale="" weight)*100)=""><= 3.0].="" the="" vessel="" operator="" must="" provide="" the="" observer="" with="" a="" printed="" record="" of="" the="" known="" weight="" of="" the="" certified="" test="" weights="" and="" the="" weight="" recorded="" by="" the="" scale="" for="" each="" test="" and="" a="" printed="" record="" of="" any="" adjustments="" to="" or="" calibrations="" of="" the="" scale.="" (4)="" printed="" reports="" from="" the="" scale.="" printed="" reports="" from="" the="" scale="" must="" be="" maintained="" on="" board="" the="" processor="" vessel="" and="" be="" made="" available="" to="" observers="" and="" other="" authorized="" officers="" at="" any="" time="" during="" the="" current="" calendar="" year.="" reports="" must="" be="" printed="" at="" least="" once="" each="" 24-="" hour="" period="" in="" which="" the="" scale="" is="" being="" used="" to="" weigh="" catch="" or="" [[page="" 6343]]="" before="" any="" information="" stored="" in="" the="" scale="" computer="" memory="" is="" replaced.="" a="" printed="" report="" must="" include="" the="" following="" information="" for="" each="" haul:="" the="" haul="" number;="" month,="" day,="" year,="" and="" time="" (to="" the="" nearest="" minute)="" weighing="" catch="" from="" the="" haul="" started;="" month,="" day,="" year,="" and="" time="" (to="" the="" nearest="" minute)="" weighing="" catch="" from="" the="" haul="" ended;="" and="" the="" total="" cumulative="" weight="" of="" catch="" in="" the="" haul="" for="" each="" haul="" brought="" on="" board="" the="" vessel.="" scale="" weights="" may="" not="" be="" adjusted="" for="" the="" weight="" of="" water.="" the="" haul="" number="" recorded="" on="" the="" scale="" print-out="" must="" correspond="" with="" haul="" numbers="" recorded="" in="" the="" processor's="" daily="" cumulative="" production="" logbook.="" a="" printed="" report="" of="" any="" tests,="" adjustments,="" calibrations,="" or="" other="" procedures="" performed="" on="" the="" scale="" including="" month,="" day,="" year,="" and="" time="" (to="" the="" nearest="" minute)="" of="" procedure,="" name="" or="" description="" of="" procedure,="" result="" of="" procedure="" also="" must="" be="" provided.="" all="" printed="" output="" from="" the="" scale="" must="" be="" signed="" by="" the="" operator="" of="" the="" processor="" vessel.="" (5)="" the="" scale="" system="" must="" record="" the="" cumulative="" number="" of="" hours="" in="" operation="" and="" the="" cumulative="" weight="" recorded="" by="" the="" scale="" in="" a="" format="" that="" cannot="" be="" edited="" or="" erased="" and="" that="" is="" accessible="" to="" the="" scale="" operator="" at="" any="" time.="" this="" information="" must="" be="" provided="" in="" printed="" form="" at="" any="" time="" at="" the="" request="" of="" an="" observer="" or="" other="" authorized="" officer.="" part="" 675--groundfish="" of="" the="" bering="" sea="" and="" aleutian="" islands="" area="" 4.="" the="" authority="" citation="" for="" part="" 675="" continues="" to="" read="" as="" follows:="" authority:="" 16="" u.s.c.="" 1801="" et="" seq.="" 5.="" in="" sec.="" 675.24,="" paragraph="" (h)="" is="" added="" to="" read="" as="" follows:="" sec.="" 675.24="" gear="" limitations.="" *="" *="" *="" *="" *="" (h)="" weighing="" catch="" harvested="" in="" the="" pollock="" fisheries.="" requirements="" are="" set="" out="" at="" sec.="" 672.24(g).="" [fr="" doc.="" 96-3553="" filed="" 2-16-96;="" 8:45="" am]="" billing="" code="" 3510-22-f="">