[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Rules and Regulations]
[Pages 17753-17757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9390]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 961119321-7071-02; I.D. 110796G]
RIN 0648-AI68
Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to
Recordkeeping and Reporting Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is revising several sections of regulations that pertain
to permits, recordkeeping, and reporting for the groundfish fisheries
of the Exclusive Economic Zone (EEZ) off Alaska. These changes are
necessary to clarify existing text, facilitate management of the
fisheries, promote compliance with regulations, and facilitate
enforcement efforts. This action is intended to further the goals and
objectives of the fishery management plans (FMPs) for the fisheries of
the EEZ off Alaska.
EFFECTIVE DATE: May 12, 1997.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the groundfish fisheries in the EEZ off Alaska under
[[Page 17754]]
authority of the Fishery Management Plan for Groundfish of the Gulf of
Alaska and the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area. These FMPs are implemented by
regulations at 50 CFR part 679. General regulations that also pertain
to these fisheries appear in subpart H of 50 CFR part 600. The FMPs
were prepared by the North Pacific Fishery Management Council (Council)
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
A proposed rule to revise regulations that implement permit and
recordkeeping and reporting requirements for the Alaska groundfish
fisheries was published in the Federal Register on December 23, 1996
(61 FR 67524). A description of these revisions and the justification
for them is presented in the preamble to the proposed rule. Public
comment on the proposed rule was invited through January 22, 1997. NMFS
received 4 letters containing 11 comments, which are summarized and
responded to below under Response to Comments.
Changes to the Final Rule from the Proposed Rule
The final rule includes the following changes from the proposed
rule:
1. The proposed rule had added a new definition of ``fishing trip''
at Sec. 679.2 for purposes of catcher vessel and mothership logbook
requirements. The intent of this logbook trip designation was to record
trip numbers that could be correlated with observer trips to enable
more effective cross-checking of observer and logbook data. Since the
proposed rule was published, increased confusion has occurred due to
the number of different uses or definitions of the term ``fishing
trip.'' In view of this confusion, NMFS has reassessed the need to add
a fourth definition of ``fishing trip'' and has removed it from the
final rule.
2. In Sec. 679.5, paragraph (a)(2) is revised to clarify the
applicability of recordkeeping and reporting requirements to shoreside
processors and vessels operating solely as a mothership in Alaska State
waters to maintain consistency with requirements for a Federal
processor permit.
3. In Sec. 679.5, paragraph (d)(2) is corrected to read ``operator
or manager'' to be consistent with other parts of the regulations
pertaining to buying stations, which may be either a vessel or a land-
based operation.
4. In Sec. 679.5, paragraph (c)(3)(ii)(D) is revised to clarify
that estimated total round fish weight may be recorded to either the
nearest lb or mt.
5. In Sec. 679.5, paragraph (a)(10) is revised to change NMFS'
approach to discard reporting in response to Comment 1. NMFS will
require ``best estimate practicable to the nearest 0.001 mt'' of
discards rather than absolute quantities. Under this approach, the
processor would estimate discard amounts in either number of fish (for
Pacific salmon, Pacific halibut, steelhead trout, king crab, and Tanner
crab) or the weight of fish (for groundfish and Pacific herring). Many
processors rely on observers sampling calculations of discard, which
are based on estimated catch weights, to record their discards.
Currently NMFS does not require scales on board processor vessels or
weighing of discards, although NMFS and the Council are interested in
pursuing scale weight requirements for retained and discarded catch in
the near future.
Response to Comments
Comment 1. Recording species product and discard weights to the
nearest 0.001 mt in a daily cumulative production logbook (DCPL) and
weekly production report (WPR) requires an impossible level of
accuracy, especially for discards. In fact, vessel estimated catch
weights (to the nearest mt) often are used by observers to derive
estimated discard amounts.
Response. The assumption for calculation of species product weight
is that products can be and are weighed by processors to the 0.001 mt
level. Accurate groundfish product weight is currently available in the
fishing industry as part of everyday business, and NMFS assumes that
operators/managers will use the best information available in recording
this information. NMFS acknowledges that reporting of accurate discard
amounts to 0.001 mt is not feasible for most processors. Therefore,
NMFS will require reporting of discards to be the ``best estimate
practicable to the nearest 0.001 mt'' of discards rather than absolute
quantities. The requirement to provide species product and discard
weights to the nearest 0.001 mt is necessary to monitor and manage
harvests of species with small quotas (see response to Comment 4).
Comment 2. Recording product and discard weights to the nearest
0.001 mt will require that a company's vessel and programming staff
spend considerable time to rewrite the company's software supporting
production, discard, and electronic reporting systems to accommodate
the extra decimal point; the upgrade of vessel software, particularly
if the vessel is at sea, has the potential to run into the thousands of
dollars.
Response. NMFS provides logbooks and forms to the fishing industry
free-of-charge for purposes of recordkeeping and reporting. Although
NMFS endorses independent development of software to facilitate timely
and efficient submission of reports, NMFS' approval of a processor's
electronic submission of required reports does not limit NMFS' ability
to revise the recordkeeping and reporting requirements. NMFS recognizes
that there is a cost to upgrade company software. However, NMFS
believes the benefit to industry of the resulting increased accuracy of
inseason quota management actions, without the time required to
complete or process the forms or the frequency of submittal due to the
actions of the respondents, justifies this cost.
Comment 3. Reporting to the nearest kg will help harmonize the NMFS
reporting requirements with the State of Alaska landing tax, thus
making the NMFS reports more useful in calculating the tax assessment.
Response. NMFS agrees, although facilitating recordkeeping and
reporting for purposes of the Alaska State landing tax was not the
purpose of the proposed changes to the Federal recordkeeping and
reporting program.
Comment 4. It seems misleading to seek the precision of measuring
to the nearest billionth of unit of the total cap of 2,000,000 mt as an
enhancement of the scientific management or conservation goals of the
Magnuson-Stevens Act.
Response. Concern exists over NMFS' ability to manage relatively
small quotas specified for several groundfish species, e.g., rockfish,
such that even small amounts of these species must be accounted for to
avoid overharvesting quotas and prevent overfishing. This change would
allow NMFS to obtain more accurate catch data from processors receiving
small amounts of these species.
Comment 5. The 1997 catcher vessel daily fishing logbook (DFL) and
the catcher/processor DCPL pages do not contain enough room to record
the retained and discarded amounts of the variety of species caught.
Response. To accommodate information necessary to enforce the
Individual Fishing Quota (IFQ) Program, NMFS reduced the space
available on the vessel logbook sheets to record species information.
NMFS will address this constraint in the 1998 logbook format.
Comment 6. The 1997 catcher vessel DFL and catcher/processor DCPL
have a
[[Page 17755]]
reduced number of lines for haul data on each page; this will result in
a significant increase in the number of logbooks used in 1997 compared
with prior years.
Response. To accommodate the addition of IFQ information on each
page, NMFS removed some rows previously used to record haul data. NMFS
will address this constraint in the 1998 logbook format.
Comment 7. The 1997 catcher vessel DFL and catcher/processor DCPL
indicate pages are to be numbered as ``page __ of __'', but no
information is provided on how the second number is to be determined.
Response. NMFS agrees. The fishing industry is advised to disregard
the ``of __'' portion of this designation and to number the pages
consecutively beginning with page one and continuing throughout the
logbook for the remainder of the fishing year, per the regulations.
This format error will be corrected in the 1998 logbook format.
Comment 8. The 1997 catcher vessel DFL and catcher/processor DCPL
do not provide a space to record the ``date'' on each page.
Response. NMFS agrees. The fishing industry is advised to enter the
daily date on each page at the bottom of the vessel name field. This
format error will be corrected in 1998 logbooks.
Comment 9. In the 1997 catcher vessel DFL and catcher/processor
DCPL, the logbook field previously identified as ``number of observers
onboard'' has been changed to ``observer onboard--yes or no''; this
makes it difficult to indicate when there is one or more observers
onboard.
Response. NMFS agrees. The fishing industry is advised to write the
number of observers aboard (``0'', ``1'', or ``2'') over the Observer
Onboard YES/NO box. This format error will be corrected in the 1998
logbooks.
Comment 10. In the Discard/Donate section of the catcher/processor
DCPL, it seems that the words ``cumulative total since last delivery''
are inappropriate.
Response. NMFS agrees. The fishing industry is advised to enter the
words in the Discard/Donate section, ``Weekly cumulative total'' in
place of ``cumulative total since last delivery'' and summarize
discards at the end of each weekly reporting period. This format error
will be corrected in the 1998 logbooks.
Comment 11. The catcher vessel instruction manual states that
estimated round catch weight be recorded to the nearest 0.001 mt. An
estimate of this accuracy is not possible.
Response. NMFS agrees. Estimated round catch weight may be recorded
either to the nearest lb or mt, whichever the vessel operator believes
most appropriate. A revised catcher vessel instruction manual will be
issued in 1997 to correct this error. In regulations,
Sec. 679.5(c)(3)(ii)(D) is revised accordingly.
Classification
The Administrator, Alaska Region, NMFS, determined that the
regulatory amendment is necessary for the conservation and management
of the GOA and BSAI management area fisheries and that it is consistent
with the Magnuson-Stevens Act and other applicable laws.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the proposed rule (61 FR 67525, December
23, 1996). No comments were received regarding the certification. As a
result, a regulatory flexibility analysis was not prepared.
This rule has been determined to be not significant for purposes of
E.O. 12866.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA). The collections of information
have been approved by the Office of Management and Budget (OMB), OMB
Control Numbers 0648-0206 and 0648-0213.
a. Approved under 0648-0206--Alaska permits. There are no new forms
or revisions to forms; renewal cycle for Federal fisheries permit and
Federal processor permit is extended from 1 to 3 years. The information
collection requirements for the Federal processor permit are repeated
in this rule and have an estimated response time of 0.33 hour per
response.
b. Approved under 0648-0213--Alaska Region Logbook Family of Forms:
Revisions to existing forms have the following effects: Estimated time
for the operator of a catcher vessel with fixed gear to complete a DFL
increases from 0.25 hour per response to 0.33 hour per response;
estimated time for the operator of a catcher/processor with fixed gear
to complete a catcher/processor DCPL increases from 0.45 hour per
response to 0.53 hour per response; estimated time for the operator of
a catcher vessel with gear other than fixed gear to complete a DFL
increases from 0.25 hour per response to 0.28 hour per response;
estimated time for the operator of a catcher/processor with gear other
than fixed gear to complete a catcher/processor DCPL increases from
0.45 hour per response to 0.48 hour per response. The estimated
response times shown include the time to review instructions, search
existing data sources, gather and maintain the data needed, and
complete and review the collection-of-information.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection-of-information subject to the requirements of
the PRA unless that collection-of-information displays a currently
valid OMB control number.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to NMFS and to OIRA, OMB (see ADDRESSES).
This action has been determined to be not significant for purposes
of E.O. 12866.
List of Subjects in 50 CFR 679
Fisheries, Reporting and recordkeeping requirements.
Dated: April 7, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
2. In Sec. 679.2, the definition for ``fish product weight'' is
revised to read as follows:
Sec. 679.2 Definitions.
* * * * *
Fish product weight means the weight of the fish product in pounds
or to at least the nearest thousandth of a metric ton (0.001 mt). Fish
product weight is based upon the number of production units and the
weight of those units. Production units include pans, cartons, blocks,
trays, cans, bags, and individual fresh or frozen fish. The weight of a
production unit is the average weight of representative samples of the
product, and, for fish other than fresh fish, may include additives or
water but not packaging. Any allowance for water added cannot exceed 5
percent of the gross product weight (fish, additives, and water).
* * * * *
[[Page 17756]]
3. In Sec. 679.4, paragraphs (b)(4)(i) and (f) are revised to read
as follows:
Sec. 679.4 Permits.
* * * * *
(b) * * *
(4) Duration. (i) A Federal fisheries permit is issued on a 3-year
cycle and is in effect from the date of issuance through the end of the
current NMFS 3-year cycle, unless it is revoked, suspended, or modified
under Sec. 600.735 or Sec. 600.740 of this chapter.
* * * * *
(f) Federal processor permit--(1) Requirement. No shoreside
processor of the United States or vessel of the United States operating
solely as a mothership in Alaska States waters may receive or process
groundfish harvested in the GOA or BSAI, unless the owner first obtains
a Federal processor permit issued under this part. A Federal processor
permit is issued without charge.
(2) Application. A complete application for a Federal processor
permit must include the following:
(i) If the application is for an amended permit, the current
Federal processor permit number and an update of the permit information
that has changed.
(ii) The shoreside processor's name, business street address,
telephone number, and fax number.
(iii) The shoreside processor owner's name or names, business
mailing address, managing company, if any, telephone number, ADF&G
Processor Code, and fax number.
(iv) Indication of the fishery or fisheries for which the permit is
requested.
(v) Indication of the shoreside processor operations category.
(vi) The owner of the shoreside processor must sign and date the
application.
(3) Issuance. (i) Upon receipt of a properly completed permit
application, the Regional Administrator will issue a Federal processor
permit required by this paragraph (f).
(ii) The Regional Administrator will send the Federal processor
permit to the applicant with the shoreside processor logbook, as
provided under Sec. 679.5.
(4) Duration. (i) A Federal processor permit is issued for a 3-year
period and remains in full force and effect from the date of issuance
through the end of the current NMFS 3-year renewal cycle, unless it is
revoked, suspended, or modified under Sec. 600.735 or Sec. 600.740 of
this chapter.
(ii) A Federal processor permit is surrendered when the original
permit is submitted to and received by the Chief, RAM Division, NMFS.
(5) Transfer. A Federal processor permit issued under this
paragraph (f) is not transferable or assignable and is valid only for
the processor for which it is issued.
(6) Inspection. (i) An original Federal processor permit issued
under this paragraph (f) must be on site at the shoreside processor at
all times. Photocopied or faxed copies are not considered originals.
(ii) A permit issued under this paragraph (f) must be presented for
inspection upon the request of any authorized officer.
4. In Sec. 679.5, the reference to ``0.01 mt'' is revised to read
``0.001 mt'' in the following paragraphs: (a)(6)(iii)(H),
(a)(8)(ii)(A), (a)(9)(ii), (a)(10)(i)(A), (f)(2)(ii)(E),
(g)(3)(iii)(E), (g)(3)(iv), (h)(3)(iv), and (k)(2)(ii)(C); paragraphs
(a)(2), (a)(5)(iii) and (iv), (a)(10)(i)(A) and (B), (c)(3)(i)
introductory text, (c)(3)(i)(B) through (D), (c)(3)(ii)(A) and (D), the
introductory text of paragraphs (d)(2)(i), (e)(2)(i), and (f)(2)(i),
and paragraph headings for (c)(3)(iv) and (c)(3)(v) are revised; and
paragraphs (c)(3)(iii)(A) and (B) and (c)(3)(vi) are added to read as
follows:
Sec. 679.5 Recordkeeping and reporting.
(a) * * *
(2) Applicability, Federal processor permit. Any shoreside
processor or vessel operating solely as a mothership in Alaska State
waters that retains groundfish is responsible for complying with the
applicable recordkeeping and reporting requirements of this section.
* * * * *
(5) * * *
(iii) If a shoreside processor, the Federal processor permit number
and ADF&G processor number.
(iv) If a buying station, the name and ADF&G vessel number (if a
vessel) of the buying station; the name, ADF&G processor code, and
Federal processor permit number of associated shoreside processor or
the Federal fisheries permit number of the associated mothership.
* * * * *
(10) * * *
(i) * * *
(A) The operator or manager must record and report discards and
donations by species codes and discard product codes as defined in
Tables 1 and 2 of this part for each gear type, CDQ number, and
reporting area, whether in Alaska State waters or Federal waters.
(B) If there were no discards or donations, write ``NO DISCARDS'',
``0'', or ``ZERO'' for that day.
* * * * *
(ii) Catcher vessel discards/donations. (A) The operator must
record in the DFL each day on the day discards and donations as
follows:
(1) The estimated daily total, balance brought forward, and
cumulative total estimated round fish weight for each discard or
donation of groundfish species, groundfish species groups, and Pacific
herring in lb, or to at least the nearest 0.001 mt.
(2) The estimated daily total, balance brought forward, and
cumulative total estimated numbers for each discard and donation of
Pacific salmon, steelhead trout, halibut, king crab, and Tanner crab.
(B) For deliveries of unsorted codends, the catcher vessel is
exempt from recording discards in the DFL and from submittal of the
blue logsheet (discards copy) for that delivery. The operator must
check the box entitled ``unsorted codend,'' and the blue DFL logsheet
(discards copy) remains in the DFL.
(C) For presorted deliveries or in the event a catcher vessel has
``bled'' a codend prior to delivery to a processor, the operator must
check the ``presorted delivery'' box, enter the estimated amount of
discards or donations by species, and submit with each harvest delivery
the blue DFL logsheet (discards copy) to the mothership, buying
station, or shoreside processor.
(iii) Buying station discards/donations. (A) The operator or
manager must record in the DCL on a daily basis, all estimated discards
or donations that:
(1) Are reported by a catcher vessel delivering groundfish to the
buying station;
(2) Occur after receipt of harvest from a catcher vessel; and
(3) Occur prior to delivery of harvest to a mothership or shoreside
processor.
(B) The operator or manager must record in the DCL each day on the
day discards and donations occur:
(1) Estimated daily total, balance brought forward, and cumulative
total estimated round fish weight for each discard or donation of
groundfish species, groundfish species groups, and Pacific herring in
pounds, or to at least the nearest 0.001 mt.
(2) Estimated daily total, balance brought forward, and cumulative
total estimated numbers for each discard and donation of Pacific
salmon, steelhead trout, halibut, king crab, and Tanner crab.
(C) If a blue DFL logsheet submitted to the buying station from a
catcher vessel contains reports of discards or donations, the operator
or manager of a buying station must record in the DCL the discards and
donations on the day the DFL logsheet is received from the catcher
vessel.
[[Page 17757]]
(iv) Catcher/processor discards/donations. The operator of a
catcher/processor must record in the DCPL each day on the day discards
or donations occur, as follows:
(A) All discards or donations that occur prior to harvest, during
harvest, and during processing.
(B) The estimated daily total, balance brought forward, and
cumulative total estimated round fish weight for each discard or
donation of groundfish species, groundfish species groups, and Pacific
herring in pounds, or to at least the nearest 0.001 mt.
(C) The estimated daily total, balance brought forward, and
cumulative total estimated numbers for each discard and donation of
Pacific salmon, steelhead trout, halibut, king crab, and Tanner crab.
(v) Mothership or shoreside processor discards/donations. (A) The
operator of a mothership or manager of a shoreside processor must
record in the DCPL each day on the day discards or donations occur
that:
(1) Are reported on a blue DFL logsheet by a catcher vessel
delivering groundfish to the mothership or shoreside processor.
(2) Occur on site after receipt of groundfish from a catcher
vessel.
(3) Occur during processing of groundfish.
(B) The operator of a mothership or manager of a shoreside
processor must record in the DCPL:
(1) The estimated daily total, balance brought forward, and
cumulative total estimated round fish weight for each discard or
donation of groundfish species, groundfish species groups, and Pacific
herring in pounds, or to at least the nearest 0.001 mt.
(2) The estimated daily total, balance brought forward, and
cumulative total estimated numbers for each discard and donation of
Pacific salmon, steelhead trout, halibut, king crab, and Tanner crab.
(C) If an unsorted codend is received from a catcher vessel, the
catcher vessel is not required to submit a blue discard logsheet to the
mothership or shoreside processor. The operator of a mothership or
manager of a shoreside processor must sort the catch received from the
unsorted codends and must record the discards by species in the DCPL as
discard at sea on the day the harvest is received from the catcher
vessel.
(D) If discards are reported on a blue DFL logsheet from a catcher
vessel delivering a presorted codend or if a catcher vessel reports an
amount bled at sea, the operator of a mothership or manager of a
shoreside processor must record in the DCPL the discards on the day the
DFL logsheet is received from the catcher vessel.
(E) If a yellow DCL logsheet is received from a buying station and
discards or donations are reported, the operator of a mothership or
manager of a shoreside processor must record in the DCPL the discards
or donations on the day the DCL logsheet is received from the buying
station.
* * * * *
(c) * * *
(3) Information required--(i) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator of a
catcher vessel or catcher/processor must record on each page:
* * * * *
(B) The start date, end date, and trip number of the fishing trip.
(C) If a catcher vessel, the vessel name, ADF&G vessel registration
number, and Federal fisheries permit number.
(D) If a catcher/processor, the vessel name, ADF&G processor code,
and Federal fisheries permit number.
* * * * *
(ii) * * *
(A) If a catcher vessel, date (month-day-year).
* * * * *
(D) The estimated total round fish weight of the groundfish catch
to the nearest lb or mt.
* * * * *
(iii) * * *
(A) Catcher vessels. (1) If deliveries to a mothership or shoreside
processor are unsorted codends, the operator must check the appropriate
box.
(2) If deliveries to a mothership or shoreside processor are
presorted at sea, the operator must check the appropriate box and must
record discard/donation information as described in paragraph (a)(10)
of this section.
(B) Catcher/processors. The operator must record discard/donation
information as described in paragraph (a)(10) of this section.
(iv) Catcher vessel delivery information. * * *
(v) Catcher/processor product information. * * *
(vi) IFQ data. The operator of a catcher vessel or catcher/
processor must record IFQ information as follows:
(A) Check YES or NO to indicate if persons aboard have authorized
IFQ permits.
(B) If YES, record the following:
(1) Vessel operator's (captain's) name and IFQ permit number, if
any.
(2) The name of each IFQ holder aboard the vessel and each holder's
IFQ permit number.
(3) Month and day of landing.
(4) Name of registered buyer.
(5) Name of unloading port.
(d) * * *
(2) Information required--(i) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator or
manager of a buying station must record on each page:
* * * * *
(e) * * *
(2) Information required--(i) General. In addition to requirements
described in paragraphs (a) and (b) of this section, the operator of a
mothership must record on each page:
* * * * *
(f) * * *
(2) Information required--(i) Part IA. In addition to requirements
described in paragraphs (a) and (b) of this section, the manager of a
shoreside processor must record on each page:
* * * * *
[FR Doc. 97-9390 Filed 4-10-97; 8:45 am]
BILLING CODE 3510-22-F
