Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Pacific halibut and sablefish,
[Federal Register: January 24, 2003 (Volume 68, Number 16)]
[Proposed Rules]
[Page 3485-3506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja03-37]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021213310-2310-01; I.D. 101702B]
RIN 0648-AP92
Individual Fishing Quota (IFQ) Program for Pacific Halibut and Sablefish; Revisions to Recordkeeping and Reporting Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
SUMMARY: NMFS proposes regulations to implement Amendment 72 to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (Amendment 72) and Amendment 64 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (Amendment 64) (collectively, Amendments 72/64). This action would revise certain recordkeeping and reporting requirements for the Individual Fishing Quota (IFQ) Program for fixed gear Pacific halibut and sablefish fisheries and the Western Alaska Community Development Quota (CDQ) Program for the Pacific halibut fishery. This action is necessary to improve IFQ fishing operations, while complying with IFQ Program requirements; to improve NMFS' ability to efficiently administer the program; and to improve the clarity and consistency of IFQ Program regulations. This action is intended to meet the conservation and management requirements of the Northern Pacific Halibut Act of 1982 (Halibut Act) with respect to halibut and of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., (Magnuson-Stevens Act) with respect to sablefish and to further the goals and objectives of the groundfish Fishery Management Plans (FMPs).
DATES: Comments must be received at the following address no later than February 24, 2003.
ADDRESSES: Comments should be sent to Sue Salveson, Assistant Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel-Durall) or delivered to the Federal Building, 709 West 9th Street, Room 401, Juneau, AK. Comments may be sent via facsimile to 907-586-7465. Comments will not be accepted if submitted via e-mail or the Internet. Copies of Amendment 72/64 of the FMPs and the Regulatory Impact Review/ Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this action may also be obtained from the same address, or by calling the Alaska Region, NMFS, at 907-586-7228. Send comments on collection-of- information requirements to NMFS, Alaska Region, and to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background and Need for Action
NMFS manages the groundfish fisheries in the Exclusive Economic Zone (EEZ) off Alaska according to fishery management plans prepared by the North Pacific Fishery Management Council (Council) under the authority of the Magnuson-Stevens Act. The FMPs are implemented by regulations at 50 CFR part 679. General regulations that also pertain to these fisheries appear in subpart H to 50 CFR part 600.
Regulations codified at 50 CFR part 679 implement the IFQ Program, a limited access system for management of the Pacific halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear fisheries in and off Alaska.
[[Page 3486]]
The IFQ Program, a limited access management system for the fixed gear Pacific halibut and sablefish fisheries off Alaska, was approved by NMFS in January 1993 and fully implemented beginning in March 1995. The IFQ Program for the sablefish fishery is implemented by the FMPs and Federal regulations under 50 CFR part 679 under authority of the Magnuson-Stevens Act. The IFQ Program for the halibut fishery is implemented by Federal regulations promulgated under the authority of the Halibut Act. Further information on the rationale for and implementation of the IFQ Program is contained in the preamble to the final rule published in the Federal Register, November 9, 1993 (58 FR 59375). Regulations implementing the IFQ Program have been revised numerous times since 1993 to refine program operations.
This action would amend the regulatory text establishing Recordkeeping and Reporting (R&R) requirements for the groundfish fishery as well as the IFQ program requirements. Removal of the IFQ Shipment Report and of the IFQ Vessel Clearance would affect other IFQ procedures and forms--the IFQ Landing Report, IFQ Prior Notice of Landing (PNOL), and IFQ Departure Report--as well as definitions, groundfish R&R procedures and forms, the Product Transfer Report (PTR) and Vessel Activity Report (VAR). Revisions are made to the regulatory text to accommodate the procedural changes.
The need, justification, and economic impacts for the actions in this proposed rule, as well as impacts of the alternatives considered, were analyzed in the RIR/IRFA prepared for this action (see ADDRESSES).
The revisions to the regulations at 50 CFR part 679 are presented below in the order they appear in the regulations.
Section 679.2 Definitions
This action would revise the definitions: ``Authorized officer,'' ``Clearing officer,'' ``IFQ landing,'' and ``IFQ Registered Buyer.'' ``Authorized officer,'' would be revised to cross-reference the definition of ``Authorized officer'' at 50 CFR 600.10.
Location
Existing text
Proposed text
Definition for ``Authorized Authorized officer means, for Means: officer''.
purposes of recordkeeping and (1) Any commissioned, warrant, or petty reporting, a NOAA special
officer of the USCG; agent, a NOAA fishery
(2) Any special agent or fishery enforcement enforcement officer or USCG officer of NMFS; fisheries enforcement personnel. (3) Any officer designated by the head of any Federal or State agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson- Stevens Act or any other statute administered by NOAA; or (4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition. Definition for ``Clearing
Means a NMFS special agent, a Means a NOAA Fisheries Office for Law officer''.
NMFS fishery enforcement
Enforcement (OLE) special agent, an OLE officer, or a NMFS enforcement fishery enforcement officer, or an OLE aide who performs the function enforcement enforcement aide. of clearing vessels at one of the primary ports listed in Table 14 to this part. Definition for ``IFQ landing''.. Means the unloading or
Means the unloading or transferring of any transferring of any IFQ
IFQ halibut, CDQ halibut, IFQ sablefish, or halibut, IFQ sablefish, or
products thereof from vessel that harvested produts thereof from the vessel such fish or the removal from the water of that harvested such fish or the a vessel containing IFQ halibut, CDQ removal from the water of a halibut, IFQ sablefish, or products vessel containing IFQ halbiut, thereof. IFQ sablefish, or products thereof. Definition for ``IFQ permit Sec. 679.4(d)(3)(B)........... Sec. 679.4(d)(1). holder''. Definition for ``IFQ Registered Sec. 679.4(d)(2).............. Sec. 679.4(d)(3). Buyer''. Definition for ``Transfer''..... (2) IFQ/CDQ fisheries. Any
(2) IFQ halibut, CDQ halibut, IFQ sablefish. loading, offloading, shipment Any loading, offloading, shipment or or receipt of any groundfish receipt of any IFQ halibut, CDQ halibut, product.
IFQ sablefish product.
Section 679.4(d) IFQ Permits
In response to the removal of ``Vessel Clearance'' and ``Shipment Report'' and to the revision of ``Departure Report,'' this action would reorganize the regulatory text in the IFQ permits section. Detailed changes to Sec. 679.4(d) are presented below:
Sec. 679.4 paragraph
Redesignated as No change Revised Removed
Added
(d) heading..................... ...................... ............
X Introductory (d)(1)............. Introductory (d)...... (d)(1) heading.................. ...................... ............
X (d)(1)(i)....................... (d)(1)................ ............
X ............ (d)(4)(i)....................... (d)(1)(i)............. (d)(6)(i)....................... (d)(1)(ii)............ ............
X (d)(2) heading.................. ...................... ............
X (d)(4)(ii)...................... (d)(2)(i)............. ............
X (d)(1)(ii)...................... (d)(2)(ii)............ ............
X (d)(3)(i)(C).................... (d)(2)(iii)........... ............
X (d)(3) heading.................. ...................... ............
X (d)(2).......................... (d)(3)................
[[Page 3487]]
(d)(4)(iii)..................... (d)(3)(i)............. ............
X (d)(3)(i)(B).................... ...................... ............ ............
X Introductory (d)(2)............. (d)(3)(ii)............ (d)(2)(i)....................... (d)(3)(ii)(A)......... (d)(2)(ii)...................... (d)(3)(ii)(B)......... (d)(2)(iii)..................... (d)(3)(ii)(C)......... ............
X (d)(3)(ii)...................... (d)(3)(iii)........... ............
X (d)(3)(iv)...................... ...................... ............ ............ ............
X (d)(4) heading.................. ...................... ............
X (d)(3)(i)(A).................... (d)(4)................ (d)(5).......................... ...................... ............
X ............ (d)(6)(i)....................... ...................... ............ ............
X (d)(6)(ii)...................... (d)(6)(i)............. ............
X (d)(6)(iii)..................... (d)(6)(ii)............ ............
X (d)(7).......................... ...................... ............
X
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.4 paragraph
Existing text
Proposed text
(d) heading.......................... IFQ Permits.
IFQ permits, IFQ cards, and IFQ Registered Buyer permits. (d)(1) heading....................... General.
IFQ permit. (d)(1)(i)............................ (d)(4)(i) IFQ permit. An IFQ permit
(d)(1)(i) An IFQ permit authorizes the person identified on the authorizes the person permit to harvest IFQ halibut or IFQ
identified on the permit to sablefish from a specified IFQ regulatory harvest IFQ halibut or IFQ area at any time during an open fishing sablefish from a specified season during the fishing year for which IFQ regulatory area at any the IFQ permit is issued until the amount time during an open fishing harvested is equal to the amount
season during the fishing specified under the permit, or until it year for which the IFQ is revoked, suspended, or modified under permit is issued until the 15 CFR part 904.
amount harvested is equal to the amount specified under the permit, or until it is revoked, suspended, or modified under 15 CFR part 904. (d)(1)(ii)........................... (d)(1)(i) A copy of an IFQ permit that (d)(1)(ii) A legible copy of specifies the IFQ regulatory area and any IFQ permit that vessel category in which IFQ halibut or specifies the IFQ regulatory IFQ sablefish may be harvested by the IFQ area and vessel length permit holder; and
overall from which IFQ (d)(6)(i) IFQ permit. A legible copy of halibut or IFQ sablefish may any IFQ permit issued under this section be harvested by the IFQ must be carried on board the vessel used permit holder must be by the permitted person to harvest IFQ carried on board the vessel halibut or IFQ sablefish at all times used by the permitted person that such fish are retained on board. to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board. (d)(2) heading....................... Registered buyer permit.
IFQ card. (d)(2)(i)............................ (d)(4)(ii) IFQ card. An IFQ card
(d)(2)(i) An IFQ card authorizes the individual identified on authorizes the individual the card to land IFQ halibut or IFQ
identified on the card to sablefish for debit against the specified land IFQ halibut or IFQ IFQ permit until the card expires, or is sablefish for debit against revoked, suspended, or modified under 15 the specified IFQ permit CFR part 904, or cancelled on request of until the card expires, or the IFQ permit holder.
is revoked, suspended, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder. (d)(2)(ii)........................... (d)(1)(ii) IFQ card. An original IFQ card (d)(2)(ii) An original IFQ issued by the Regional Administrator. card issued by the Regional (d)(6)(ii) IFQ card. Except as specified Administrator must be on in 679.42(d), an individual that is
board the vessel that issued an IFQ card must remain aboard the harvests IFQ halibut or IFQ vessel used to harvests IFQ halibut or sablefish at all times that IFQ sablefish with that card during all such fish are retained on fishing operations until arrival at the board. Except as specified point of landing and during all IFQ
in 679.42(d), an individual landings.
that is issued an IFQ card must remain aboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card during the IFQ fishing trip and at the landing site during all IFQ landings. (d)(2)(iii).......................... (d)(3)(i)(C) IFQ card. Each IFQ card
(d)(2)(iii) Each IFQ card issued by the Regional Administrator will issued by the Regional display an IFQ permit number and the
Administrator will display individual authorized by the IFQ permit an IFQ permit number, the holder to land IFQ halibut or IFQ
name of the individual sablefish for debit against the permit authorized by the IFQ permit holder's IFQ.
holder to land IFQ halibut or IFQ sablefish for debit against the permit holder's IFQ. In addition, IFQ cards issued to hired masters representing permit holders per 679.42(i) and (j) will also display the ADF&G vessel identification number of the authorized vessel. (d)(3) heading....................... How do I obtain an IFQ permit, IFQ card, Registered Buyer permit. or Registered Buyer Permit? (d)(3)(ii)(C)........................ (d)(2)(iii) A vessel operator who obtains (d)(3)(ii)(C) A vessel a vessel clearance or submits a departure operator who submits a report (see 679.5(1)(5)(iv).
Departure Report (see 679.5(l)(4)). (d)(3)(iii).......................... (d)(3)(ii) Registered Buyer permits.
(d)(3)(iii) A Registered Registered buyer permits will be renewed Buyer permit is issued on a or issued annually by the Regional
3-year cycle by the Regional Administrator to persons that have a
Administrator to persons registered buyer application approved by that have a Registered Buyer the Regional Administrator.
application approved by the Regional Administrator.
[[Page 3488]]
(d)(4) heading....................... Duration.
Issuance. (d)(5)............................... The IFQ permits issued under this section The quota shares and IFQ are not transferable, except as provided issued under this section under 679.41. IFQ cards and Registered are not transferable, except Buyer permits issued under this paragraph as provided under 679.41. (d) are not transferable.
IFQ cards and Registered Buyer permits issued under this paragraph (d) are not transferable. (d)(6)(i)............................ (d)(6)(ii) IFQ card. Except as specified (d)(6)(i) IFQ permit and in Sec. 679.42(d), an individual who is card. The IFQ cardholder issued an IFQ card must remain aboard the must present a copy of the vessel used to harvest IFQ halibut or IFQ IFQ permit and the original sablefish with that card during all
IFQ card for inspection on fishing operations until arrival at the request of any authorized point of landing and during all IFQ
officer or Registered Buyer landings. The IFQ cardholder must present receiving IFQ species. a copy of the IFQ permit and the original Nothing in this paragraph IFQ card for inspection on request of any would prevent an individual authorized officer, clearing officer, or who is issued an IFQ card registered buyer purchasing IFQ species. from being absent from the Nothing in this paragraph would prevent vessel used to harvest IFQ an individual who is issued an IFQ card halibut or IFQ sablefish from being absent from the vessel used to from the time the vessel harvest IFQ halibut or IFQ sablefish
arrives at the point of between the time the vessel arrives at landing and the commencement the point of landing until the
of landing. commencement of landing. (d)(6)(ii)........................... (d)(6)(iii) Registered buyer permit. A (d)(6)(ii) Registered legible copy of the Registered Buyer
Registered buyer permit. A permit must be present at the location of legible copy of the an IFQ landing and must be made available Registered Buyer permit must for inspection on request of any
be present at the location authorized officer or clearing officer. of an IFQ landing and must be made available by the Registered Buyer's representative for inspection on request of any authorized officer. (d)(7)............................... Sec. 679.5(e)(7)(ii).
Sec. 679.5(l)(7)(ii).
Section 679.5(a)(15) IFQ/groundfish Transfer Document Comparison
In response to the removal of the IFQ Vessel Clearance and the IFQ Shipment Report, the regulatory text in Sec. 679.5(a)(15), the revised procedures for the Product Transfer Report, and the in-text table that compares the transfer documents are reorganized and revised.
The introductory paragraph (a)(15) of this section would be revised to include an explanation of the ``X'' symbols in the body of the table.
The in-text table would be restructured to provide for the removal of the IFQ Vessel Clearance and the IFQ Shipment Report. The columns across the top of the table are revised by removing the columns entitled: ``IFQ Vessel Clearance'' and ``IFQ Shipment Report,'' and adding columns entitled: ``IFQ Landing Report Receipt.'' Cross- referencing paragraph numbers previously located within table columns are relocated to rows in the table for easier reading. New headings are added to indicate activity, e.g., submitting a report to NMFS, issuing a receipt to the public, and possessing a receipt. A new column heading ``SUBMITTAL'' would be added to group together those forms that require submittal to NMFS over the subheadings ``VAR,'' ``PTR,'' ``IFQ Trans- shipment Authorization,'' and ``IFQ Departure Report.'' Another new column heading ``ISSUE'' would be placed over the subheading ``IFQ Dockside Sales Receipt.'' A third heading ``POSSESS'' would be placed over the subheading ``IFQ Landing Report Receipt.'' The rows of the table are revised as follows:
Sec. 679.5, paragraph
Redesignated as
No change Revised Removed
Added
(a)(15) heading................ ....................... ............
X ............ ............ (a)(15)(i)..................... ....................... ............
X ............ ............ (a)(15)(iii)................... (a)(15)(ii)............ ............
X ............ ............ (a)(15)(iv).................... (a)(15)(iii)........... ............
X ............ ............ (a)(15)(v)..................... (a)(15)(iv)............ ............
X ............ ............ (a)(15)(vi).................... (a)(15)(v)............. ............
X ............ ............ (a)(15)(vii)................... (a)(15)(vi)............ ............
X ............ ............ (a)(15)(vii)................... ....................... ............ ............ ............
X (a)(15)(viii).................. ....................... ............
X ............ ............
Section 679.5(g) Product Transfer Report (PTR)
Currently, the groundfish PTR is used to document movement of groundfish product from a shoreside facility or from a processor vessel, while the IFQ Shipment Report is used to document IFQ fish transfer from an IFQ Registered Buyer. This action would combine the groundfish PTR and the IFQ Shipment Report into one form, a revised PTR, that would be used to document transfer of non-IFQ groundfish, donated prohibited species, all halibut and all sablefish. Although a copy of the Shipment Report currently is required to accompany the IFQ shipment, the proposed action would remove this requirement when using a PTR.
The detailed changes to the regulations describing the PTR are presented below:
Sec. 679.5, paragraph
Redesignated as
No change Revised Removed
Added
(g) heading.................... ....................... ............
X ............ ............ (g)(2)(iii).................... (g)(1)................. ............
X ............ ............
[[Page 3489]]
(g)(1)(i), (ii), (iii), and ....................... ............
X ............ ............ (iv). (g)(1)(v) heading.............. ....................... ............ ............ ............
X (g)(1)(v)(A)................... ....................... ............ ............ ............
X (l)(3)(iv)..................... (g)(1)(v)(B)........... ............
X ............ ............ (l)(3)(i)(D)................... (g)(1)(vi)............. ............
X ............ ............ Introductory (g)(2)............ ....................... ............
X ............ ............ (g)(2), (g)(2)(i), (ii), (iii). ....................... ............
X ............ ............ Introductory (g)(3)............ ....................... ............ ............
X ............ (g)(3)(i)...................... .......................
X ............ ............ ............ (g)(3)(ii)..................... ....................... ............
X ............ ............ (g)(3)(iii), (iv).............. ....................... ............ ............
X ............ (g)(4) heading................. ....................... ............
X ............ ............ (g)(4)(i)(A), (B).............. ....................... ............ ............
X ............ (g)(4)(ii)(A).................. Introductory (g)(4).... ............
X ............ ............ (g)(5), (g)(6)................. (g)(6), (g)(7)......... ............ ............ ............ ............ Introductory (g)(5)............ Introductory (g)(6).... ............
X ............ ............ (g)(5)(i)...................... (g)(6)(i).............. ............
X ............ ............ (g)(5)(v)...................... (g)(6)(ii)............. ............
X ............ ............ (g)(5)(ii)..................... (g)(6)(iii)............ ............
X ............ ............ (g)(5)(iii).................... (g)(6)(iv)............. ............
X ............ ............ (g)(5)(iv)..................... (g)(6)(v).............. ............
X ............ ............ (g)(6)(i)...................... (g)(7)(i).............. ............
X ............ ............ (g)(6)(ii)..................... (g)(7)(ii)............. ............
X ............ ............ New (g)(5) heading............. ....................... ............ ............ ............
X (g)(4)(ii)(B).................. ....................... ............ ............
X ............ (g)(4)(ii)(C).................. New introductory (g)(5) ............
X ............ ............ New (g)(5)(i), (ii), (iii), ....................... ............ ............ ............
X (iv).
The in-text table (new paragraph (g)(5)(iv)) of this section would be revised by separating the information into more distinct categories by dividing the columns to read ``Receiver,'' ``Date & time of product transfer,'' ``Location of product transfer,'' and ``Mode of transportation and intended route.'' Existing information would be reformatted to fit within these columns.
Section 679.5(k) Vessel Activity Report (VAR)
The VAR documents whether a vessel has onboard any fish or fish products, regardless of species. The VAR is submitted to NMFS before the vessel crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-Canada international boundary between Alaska and British Columbia. This action would revise the procedure for interaction of the VAR with IFQ reports due to the removal of the IFQ Vessel Clearance and the IFQ Shipment Report.
Detailed changes in Sec. 679.5(k)(1) are presented below:
Sec. 679.5, paragraph
Redesignated as
No change Revised Removed
Added
Introductory (k)(1)............ (k)(1)(i).............. ............
X ............ ............ (k)(1)(i)...................... (k)(1)(ii)............. ............
X ............ ............ (k)(1)(ii)..................... (k)(1)(iii)............ ............
X ............ ............ (k)(1)(iv)..................... ....................... ............
X ............ ............
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.5, paragraph
Current text
Proposed text
(k)(1)(i)................. Introductory (k)(1) (k)(1)(i) Fish or Except as noted in fish product paragraphs
onboard. Except as (k)(1)(iii) and (iv) noted in paragraph of this section, the (k)(1)(iv) of this operator of a
section, the catcher vessel
operator of a greater than 60 ft catcher vessel (18.3 m) LOA, a
greater than 60 ft catcher/processor, (18.3 m) LOA, a or a mothership
catcher/processor, holding a Federal or a mothership fisheries permit required to hold a issued under this Federal fisheries part and carrying permit issued under fish or fish product this part and onboard must
carrying fish or complete and submit fish product onboard a VAR by FAX or
must complete and electronic file to submit a VAR by FAX OLE, Juneau, AK
or electronic file before the vessel to OLE, Juneau, AK crosses the seaward (907-586-7313) boundary of the EEZ before the vessel off Alaska or
crosses the seaward crosses the U.S.- boundary of the EEZ Canadian
off Alaska or international
crosses the U.S.- boundary between Canadian Alaska and British international Columbia.
boundary between Alaska and British Columbia. (k)(1)(ii)................ (k)(1)(i) Both
(k)(1)(ii) groundfish and IFQ Combination of non- fish. If a vessel is IFQ groundfish, IFQ carrying both
halibut, CDQ groundfish and IFQ halibut, and IFQ halibut or IFQ
sablefish. If a sablefish, the
vessel is carrying operator must submit non-IFQ groundfish a VAR in addition to and IFQ halibut, CDQ a Vessel Departure halibut or IFQ Report (VDR) or a sablefish, the Vessel Clearance operator must submit (VC).
a VAR in addition to an IFQ Departure Report per paragraph (1)(4) of this section. (k)(1)(iii)............... (k)(1)(ii) Revised (k)(1)(iii) Revised VAR. If groundfish VAR. If fish or fish are landed at a port products are landed other than the one at a port other than specified, submit a the one specified on revised VAR showing the VAR, the vessel the actual port of operator must submit landing.
a revised VAR showing the actual port of landing before any fish are offloaded.
[[Page 3490]]
(k)(1)(iv)................ Exemption: IFQ
Exemption: IFQ departure report. If departure report. If a vessel is carrying a vessel is carrying only IFQ halibut or only IFQ halibut or IFQ sablefish
IFQ sablefish onboard and the
onboard and the operator has
operator has submitted a
submitted an IFQ Departure Report per Departure Report per paragraph
paragraph (1)(4) of (1)(5)(iii)(B) of this section, a VAR this section, a VAR is not required. is not required.
Section 679.5(l)(1) IFQ Prior Notice of Landing (PNOL)
The intent of the PNOL is to provide International Pacific Halibut Commission (IPHC) monitoring personnel and OLE personnel advance notice of vessel IFQ landings. Under current regulations, the operator of any vessel intending to make a landing of IFQ halibut, CDQ halibut, or IFQ sablefish must submit a PNOL to OLE 6 hours before making the landing.
This action would revise the PNOL procedure by changing the prior notification from 6 hours to 3 hours. This change would provide adequate monitoring and enforcement opportunities. The 3-hour time limit would result in improved economic efficiency in the fishery, allowing an overall exvessel price for IFQ fish to improve for a vessel operator due to additional time to seek out more competitive marketing opportunities. IFQ card holders and Registered Buyers would have more flexibility during their business negotiations. In general, this action would relieve burdens on small entities, which include Registered Buyers. It may contribute to increased competition in the delivery market for IFQ halibut and sablefish. It could benefit consumers and even cause Registered Buyers to expand into more markets (i.e., fresh fish). The estimated number of directly regulated small entities would include approximately 3,485 holders of halibut QS, 872 holders of sablefish QS, approximately 290 hired masters, and all six of the CDQ groups hold CDQ halibut.
In addition, vessels would be required to report ``location of landings'' rather than ``Registered Buyer.'' This change would provide IPHC and OLE personnel with the exact location of the landing, which is needed to plan monitoring activities, while not requiring a vessel to commit to a specific processor.
Detailed changes to the PNOL regulatory text are presented below:
Sec. 679.5, paragraph
Redesignated as
No change Revised Removed
Added
(l) heading.................... ....................... ............
X ............ ............ Introductory (l)............... ....................... ............
X ............ ............ (l)(1) heading................. ....................... ............
X ............ ............ (l)(1)(i) heading.............. ....................... ............
X ............ ............ (l)(1)(i)...................... (l)(1)(i)(A)........... ............
X ............ ............ (l)(1)(ii)..................... (l)(1)(i)(B)........... ............
X ............ ............ (l)(1)(v)...................... (l)(1)(ii)............. ............
X ............ ............ Introductory (l)(1)(iii)....... ....................... ............
X ............ ............ (l)(1)(iii)(A)................. .......................
X ............ ............ ............ (l)(1)(iii)(B), (C)............ ....................... ............
X ............ ............ (l)(1)(iii)(D)................. .......................
X ............ ............ ............ (l)(1)(iii)(E)................. ....................... ............ ............
X ............ (l)(1)(iii)(F) thru (H)........ (l)(1)(iii)(E) thru (G) ............ ............ ............ ............ (l)(1)(iii)(H)................. ....................... ............ ............
X ............ (l)(1)(iv)..................... ....................... ............
X ............ ............
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.5, paragraph
Current text
Proposed text
(l) heading.......................... IFQ and CDQ halibut recordkeeping and IFQ Program recordkeeping and reporting.
reporting. Introductory (l)..................... In addition to the recordkeeping and
In addition to the reporting requirements in this section recordkeeping and reporting and as prescribed in the annual
requirements in this section management measures published in the
and as prescribed in the Federal Register pursuant to Sec.
annual management measures 300.62 of this title, the following IFQ published in the Federal reports are required, when applicable: Register pursuant to Sec. prior notices of landing, landing report, 300.62 of this title, the shipment report, transshipment
following reports and authorization, vessel clearance, and IFQ authorizations are required, departure report.
when applicable: IFQ Prior Notice of Landing, Product Transfer Report (see 679.5(g)), IFQ Landing Report, IFQ Transshipment Authorization, and IFQ Departure Report. (l)(1) heading....................... Prior notice of IFQ landing.
IFQ Prior Notice of Landing (PNOL). (l)(1)(i) heading.................... Applicability.
Time limits and submittals. (l)(1)(i)(A)......................... (l)(1)(i) Except as provided in paragraph (l)(1)(i)(A) Except as (l)(1)(iv) of this section, the operator provided in paragraph of any vessel making an IFQ landing must (l)(1)(iv) of this section, notify OLE, Juneau, AK no fewer than 6 the operator of any vessel hours before landing IFQ halibut or IFQ making an IFQ landing must sablefish, unless permission to commence notify OLE, Juneau, AK no an IFQ landing within 6 hours of
fewer than 3 hours before notification is granted by a clearing landing IFQ halibut or IFQ officer.
sablefish, unless permission to commence an IFQ landing within 3 hours of notification is granted by a clearing officer. (l)(1)(i)(B)......................... (l)(1)(ii) Time limits. A prior notice of (l)(1)(i)(B) A PNOL must be landing must be made to the toll-free made to the toll-free telephone number 800-304-4846 or to 907- telephone number 800-304- 586-7202 between the hours of 0600 hours, 4846 or to 907-586-7163 A.l.t., and 2400 hours, A.l.t.
between hours of 0600 hours, A.l.t., and the 2400 hours, A.l.t.
[[Page 3491]]
(l)(1)(ii)........................... (l)(1)(iii) Information required. A prior (l)(1)(ii) Information notice of landing must include the
required. A PNOL must following:
include the following: (l)(1)(iii)(B)....................... Name and permit number of the Registered Port of landing and port code Buyer who will be responsible for
from Table 14 to this part; completion and submittal of the IFQ Landing Report(s); (l)(1)(iii)(C)....................... The location of the landing (port name or Exact location of landing code).
within the port, i.e., dock name, harbor name, facility name, or geographical coordinates (latitude and longitude of position in degrees and minutes). (l)(1)(iv)........................... (iv) Exemption. An IFQ landing of halibut (iv) Exemption. An IFQ of 500 lb (0.23 mt) or less of IFQ weight landing of halibut of 500 lb determined pursuant to Sec.
or less of IFQ weight 679.42(c)(2) and concurrent with a legal determined pursuant to Sec. landing of salmon or a legal landing of 679.42(c)(2) and concurrent lingcod harvested using dinglebar gear is with a legal landing of exempt from the PNOL required by this salmon or a legal landing of section.
lingcod harvested using dinglebar gear is exempt from the PNOL required by this section.
Section 679.5(l)(2) IFQ Landing Report
Reporting of IFQ harvests is accomplished through electronic submittal of an IFQ Landing Report, which may be submitted by an IFQ cardholder at an automated transaction terminal, through the Internet, and with approval by FAX. A Registered Buyer submits the Landing Report within 6 hours after all fish are landed and prior to shipment or departure of the delivery vessel from the landing site. This action would revise the regulatory text and the procedure for submittal of the IFQ Landing Report for clarity and simplicity. Similar topics are combined under one heading. In some cases, long paragraphs are divided into two paragraphs. Cross references are added to ensure ease of reading. Some telephone numbers are revised. Detailed changes to the regulatory text describing the IFQ Landing Report are presented below:
Sec. 679.5, paragraph
Redesignated as No change Revised Removed
Added
Heading for (l)(2).............. ...................... ............
X ............ ............ Heading for (l)(2)(i)........... ...................... ............
X ............ ............ (l)(2)(i)(B).................... (l)(2)(i)(A).......... ............
X ............ ............ New (l)(2)(i)(B)................ ...................... ............ ............ ............
X New (l)(2)(i)(C)................ ...................... ............ ............ ............
X New (l)(2)(i)(D)................ ...................... ............ ............ ............
X New (l)(2)(i)(E)................ ...................... ............ ............ ............
X Heading for (l)(2)(iv).......... heading for (l)(2)(ii) ............
X ............ ............ (l)(2)(iv)(A)................... (l)(2)(ii)(A)......... ............
X ............ ............ (l)(2)(iv)(B)................... ...................... ............ ............
X ............ (l)(2)(i)(A).................... (l)(2)(ii)(B)......... ............ ............
X ............ (l)(2)(vi)(N)................... ...................... ............ ............
X ............ (l)(2)(vi)...................... (l)(2)(iii)........... ............ ............ ............ ............ Newly redesignated
...................... ............
X ............ ............ (l)(2)(iii)(B). Newly redesignated
...................... ............
X ............ ............ (l)(2)(iii)(J). Newly redesignated
...................... ............
X ............ ............ (l)(2)(iii)(K). Newly redesignated
...................... ............
X ............ ............ (l)(2)(iii)(M). New (l)(2)(iv) and (iv)(A)...... ...................... ............ ............ ............
X (l)(2)(ii)(A) except last
(l)(2)(iv)(A)......... ............
X ............ ............ sentence; last sentence of (l)(2)(ii)(A); (l)(2)(ii)(B). (l)(2)(ii)(D)................... (l)(2)(iv)(B)......... ............ ............ ............ ............ (l)(2)(iv)(B) heading........... ...................... ............ ............ ............
X (l)(2)(vii); (l)(2)(ii)(E); (l)(2)(iv)(C)......... ............
X ............ ............ (l)(2)(iii)(A); (l)(2)(vii). (l)(2)(iv)(D) heading........... ...................... ............ ............ ............
X Third sentence of (l)(2)(ii)(C). (l)(2)(iv)(D)......... ............
X ............ ............
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.5, paragraph
Current text
Proposed text
(l)(2) heading....................... Landing report
IFQ landing report (l)(2)(i) heading.................... Applicability
Requirements (l)(2)(i)(A)......................... (l)(2)(i)(B) All IFQ catch retained
(l)(2)(i)(A) All IFQ catch onboard a vessel at commencement of a debited. All IFQ halibut, landing must be weighed and debited from CDQ halibut, and IFQ the IFQ permit holder's account under sablefish catch must be which the catch was harvested.
weighed and debited from the IFQ permit holder's account under which the catch was harvested. (l)(2)(i)(D)......................... (l)(2)(ii)(C) Once landing operations have (l)(2)(i)(D) Remain at commenced, the IFQ cardholder and the landing site. Once landing harvesting vessel may not leave the
operations have commenced, landing site until the IFQ account is the IFQ cardholder and the properly debited. . . .
harvesting vessel may not leave the landing site until the IFQ account is properly debited (as defined in paragraph (l)(2)(iv)(D)).
[[Page 3492]]
(l)(2)(i)(E)......................... (l)(2)(ii)(C) . . . The offloaded IFQ (l)(2)(i)(E) No movement of species may not be moved from the landing IFQ species. The offloaded site until the IFQ landing report is
IFQ species may not be received by OLE, Juneau, AK and the IFQ properly moved from the cardholder's account is debited. . . . landing site until the IFQ Landing Report is received by OLE, Juneau, AK and the IFQ cardholder's account is properly debited (as defined in paragraph (l)(2)(iv)(D)). (l)(2)(ii) heading................... (l)(2)(iv) Time limits and submittals (l)(2)(ii) Time limits (l)(2)(ii)(A)........................ (l)(2)(iv)(A) An IFQ landing may commence (l)(2)(ii)(A) A landing of only between 0600 hours, A.l.t., and 1800 IFQ halibut, CDQ halibut, or hours, A.l.t., unless permission to land IFQ sablefish may commence at a different time (waiver) is granted only between 0600 hours, in advance by a clearing officer.
A.l.t., and 1800 hours, A.l.t., unless permission to land at a different time (waiver) is granted in advance by a clearing officer. (l)(2)(ii)(B)........................ (l)(2)(i)(A) A Registered Buyer must
(l)(2)(ii)(B) A Registered report an IFQ landing within 6 hours
Buyer must submit a after all such fish are landed and prior completed IFQ Landing Report to shipment of said fish or departure of within 6 hours after all the delivery vessel from the landing
such fish are landed and site.
prior to shipment or transfer of said fish from the landing site. (l)(2)(iii)(B)....................... (l)(2)(vi)(B) Location of the IFQ landing (l)(2)(iii)(B) Location of (port code or if at sea, lat. and long.) the IFQ landing (port code or if at sea, latitude and longitude of position in degrees and minutes). (l)(2)(iii)(J)....................... (l)(2)(vi)(J)(1) Except as indicated in (l)(2)(iii)(J) For each ADF&G paragraph (l)(2)(vi)(J)(2) of this
statistical area of harvest, section, for each ADF&G statistical area the species codes, product of harvest, the species codes, product codes, and initial accurate codes, and initial accurate scale weight scale weight (in pounds or (in pounds or to the nearest thousandth to the nearest thousandth of of a metric ton) made at the time of
a metric ton) made at the offloading for IFQ species sold and
time of offloading for IFQ retained.
species sold and retained. (l)(2)(vi)(J)(2) If the vessel operator is Exception: if the vessel a Registered Buyer reporting the IFQ
operator is the Registered landing, the accurate weight of IFQ
Buyer reporting the IFQ sablefish processed product obtained
landing, the accurate weight before the offload may be substituted for of IFQ sablefish processed the initial accurate scale weight at time product obtained before the of offload.
offload may be substituted for the initial accurate scale weight at time of offload. (l)(2)(iii)(K)....................... (l)(2)(vi)(K) Whether ice and slime is (l)(2)(iii)(K) Whether ice present on the fish as offloaded from the and slime are present on the vessel (YES or NO). Fish which have been fish as offloaded from the washed prior to weighing or which have vessel. Fish which have been been offloaded from refrigerated salt washed prior to weighing or water are not eligible for a 2 percent which have been offloaded deduction for ice and slime and must
from refrigerated salt water indicate NO SLIME & ICE.
are not eligible for a 2 percent deduction for ice and slime and must indicate NO SLIME & ICE. (l)(2)(iii)(M)....................... (l)(2)(ii)(C) . . . After the Registered (l)(2)(iii)(M) After the Buyer enters the landing data in the
Registered Buyer enters the transaction terminal or the Internet
landing data in the submission form(s) and a receipt is
transaction terminal or the printed, the IFQ cardholder must sign the Internet submission form(s) receipt to acknowledge the accuracy of or submits a manual landing the landing report. . . .
report by FAX, and a receipt (l)(2)(iii)(B) The manual landing report is printed, the Registered must be signed by the Registered Buyer or Buyer or his/her his/her representative, and the IFQ
representative, and the IFQ cardholder to acknowledge the accuracy of cardholder must sign the the landing report, and by the OLE
receipt(s) to acknowledge representative to show that the IFQ
the accuracy of the Landing cardholder's account was debited
Report. consistent with the landing report. (l)(2)(vi)(M) Signature of Registered Buyer representative. (l)(2)(vi)(N) Signature of IFQ/CDQ cardholder. (l)(2)(iv)(A)........................ (l)(2)(ii)(A) Electronic landing report. (l)(2)(iv)(A) Except as (A) Except as indicated in paragraphs indicated in paragraphs (l)(2)(ii)(D) and (E) of this section, (l)(2)(iv)(B) and (C) of electronic landing reports must be
this section, electronic submitted to OLE, Juneau, AK using
landing reports must be magnetic strip cards issued by NMFS,
submitted to OLE, Juneau, AK Alaska Region, and transaction terminals using magnetic strip cards with printers driven by custom-designed issued by NMFS, Alaska software as provided and/or specified by Region, and transaction NMFS, Alaska Region. It is the
terminals with printers responsibility of the Registered Buyer to driven by custom-designed locate or procure a transaction terminal software as provided and/or and report as required.
specified by NMFS, Alaska Region. The Registered Buyer must locate or procure a transaction terminal and report as required. (l)(2)(iv)(C)........................ (l)(2)(ii)(E) Waivers from the electronic (l)(2)(iv)(C) Waivers from reporting requirement can only be granted the transaction terminal or in writing on a case-by-case basis by a Internet reporting local clearing officer (l)(2)(iii)(A) If requirement can only be a waiver has been granted pursuant to granted in writing on a case- paragraph (l)(2)(ii) of this section, by-case basis by a local manual landing instructions must be
clearing officer. If a obtained from OLE, Juneau, AK at (800) waiver is granted, manual 304-4846. Completed manual landing
landing instructions must be reports must be submitted by FAX to OLE, obtained from OLE, Juneau, Juneau, AK at (907) 586-7313.
AK at (800) 304-4846. (l)(2)(vii) Manual landing report. When a Registered Buyers must waiver is issued pursuant to paragraph complete and submit manual (l)(2)(ii)(A) of this section, additional Landing Reports by FAX to information is required. In addition to OLE, Juneau, AK at (907)586- the information required in paragraph 7313. When a waiver is (l)(2)(vi) of this section, the following issued, the following information is required to complete a additional information is landing report using a manual landing required: whether the manual report:
landing report is an original or revised; name, telephone number, and FAX number of individual submitting the manual landing report.
[[Page 3493]]
(l)(2)(iv)(D)........................ (l)(2)(ii)(C) . . . A properly concluded (l)(2)(iv)(D) Properly transaction terminal receipt, printed debited landing. A properly Internet submission receipt, or manual concluded transaction landing report receipt received by FAX terminal receipt, printed from OLE, Juneau, AK constitutes
Internet submission receipt, confirmation. . . .
or manual Landing Report receipt received by FAX from OLE, Juneau, AK, and signed by the OLE representative constitutes confirmation.
Section 679.5(l)(3)
IFQ Shipment Report. This action would remove the requirement for submittal of an IFQ Shipment Report. Currently, an IFQ Shipment Report is used by OLE to monitor and inspect shipments of IFQ halibut, CDQ halibut, and IFQ sablefish to verify proper accounting for fish landings. The Shipment Report documents the first receiver of the IFQ halibut, CDQ halibut or IFQ sablefish. Each Registered Buyer, other than those conducting dockside sales, must complete and submit a written Shipment Report or a bill of lading containing the same information as a Shipment Report for each shipment or transfer of CDQ halibut, IFQ halibut and IFQ sablefish.
Currently, a groundfish PTR is used by OLE to monitor and inspect shipments of groundfish to verify proper accounting for all non-IFQ groundfish landings by documenting the first receiver of the groundfish. Each mothership, catcher/ processor, shoreside processor, or stationary floating processor must complete a written PTR for each shipment or transfer of groundfish.
This action would combine these two forms into one. Under this action, Registered Buyers would submit a PTR for transfer or shipments of all halibut and all sablefish. Groundfish processors would submit a PTR for transfer or shipments of non-IFQ groundfish. If a participant is both a groundfish processor and a Registered Buyer, he or she would submit a PTR for transfer or shipments of non-IFQ groundfish, all halibut and all sablefish. This proposed change would maintain existing data-collection, monitoring, and enforcement capabilities, while reducing the paperwork submittal and storage by the fishing industry.
The specific proposed change to the IFQ Shipment Report regulatory text is presented below: all of Sec. 679.5(l)(3) would be removed, except that some paragraphs are indicated elsewhere as redesignated for inclusion in other sections.
IFQ Dockside Sales Receipt. Regulations pertaining to the IFQ dockside sales receipt would be moved from Sec. 679.5(l)(3)(iv) and placed at Sec. 679.5(l)(5). Regulatory text would be revised by removing ``shipment report'' and adding in its place ``PTR''. The Registered Buyer must issue a dockside sales receipt in lieu of a PTR. No changes in the procedure of issuing a dockside sales receipt would occur as a result of this rule. A person holding a valid IFQ permit, CDQ halibut permit, IFQ card, and Registered Buyer permit may conduct a dockside sale of IFQ halibut or IFQ sablefish to a person who has not been issued a Registered Buyer permit. The purpose of reporting the amount of IFQ fish involved in a dockside sale is to provide OLE with the ability to monitor and inspect the shipment of IFQ fish to determine whether there was proper accounting for all IFQ fish landed.
Section 679.5(l)(4)
IFQ Transshipment Authorization. Regulations pertaining to the IFQ transshipment authorization would be moved from Sec. 679.5(l)(4) and placed at Sec. 679.5(l)(3). No changes in the procedure of transshipment authorization would occur as a result of this rule. Currently, if a person intends to transship processed IFQ halibut, IFQ sablefish, or CDQ halibut between vessels, authorization from a OLE clearing officer to do so must be obtained for each instance of transshipment. The request must be made at least 24 hr before the transshipment is intended to commence.
IFQ Departure Report. Regulations pertaining to the IFQ departure report would be moved from Sec. 679.5(l)(5)(xi) and placed at Sec. 679.5(l)(4). Some of the information originally requested as part of a Vessel Clearance would be added to the IFQ Departure Report. Instead of obtaining an IFQ Vessel Clearance at a principal port prior to departing the waters of the EEZ adjacent to the jurisdictional waters of the State of Alaska, the territorial sea of the State of Alaska, or the internal waters of the State of Alaska, a vessel operator would call OLE by telephone and provide the answers to OLE questions listed on the Departure Report. Detailed changes to the IFQ Departure Report regulatory text are presented below:
Sec. 679.5, paragraph
Redesignated as
No Change Revised Removed
Added
(l)(5)(xi) heading............. (l)(4) heading......... ............ ............ ............ ............ (l)(4)(i) heading.............. ....................... ............ ............ ............
X (l)(4)(i)(A) heading........... ....................... ............ ............ ............
X (l)(5)(xi)(A).................. (l)(4)(i)(A)........... ............
X ............ ............ (l)(5)(vii).................... (l)(4)(i)(B)........... ............
X ............ ............ (l)(5)(iii).................... (l)(4)(i)(C)........... ............
X ............ ............ (l)(5)(ix)..................... (l)(4)(i)(D)........... ............
X ............ ............ (l)(5)(iv)..................... (l)(4)(i)(E)........... ............
X ............ ............ (l)(5)(viii)................... (l)(4)(ii)............. ............
X ............ ............ (l)(5)(viii)(H)................ (l)(4)(ii)(A).......... ............ ............ ............ ............ (l)(5)(viii)(B)................ (l)(4)(ii)(B).......... ............ ............ ............ ............ (l)(5)(viii)(D)................ (l)(4)(ii)(C).......... ............
X ............ ............ (l)(5)(viii)(C)................ (l)(4)(ii)(D).......... ............
X ............ ............ (l)(5)(viii)(G)................ (l)(4)(ii)(E).......... ............
X ............ ............ (l)(5)(viii)(E)................ (l)(4)(ii)(F).......... ............
X ............ ............ (l)(5)(viii)(F)................ (l)(4)(ii)(G).......... ............ ............ ............ ............ (l)(5)(viii)(I)................ ....................... ............ ............
X ............
[[Page 3494]]
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Sec. 679.5, paragraph
Current text
Proposed text
(l)(4)............................... (l)(5)(xi) Departure report
(l)(4) Departure report. (l)(4)(i)(A)......................... (l)(5)(xi)(A) A vessel operator who
(l)(4)(i)(A) Time limit and intends to obtain a vessel clearance
submittal. A vessel operator outside the State of Alaska must submit who intends to make an IFQ an IFQ departure report, by telephone, to halibut, CDQ halibut or IFQ OLE, Juneau, AK at 907-586-7225 or 800- sablefish landing at any 304-4846.
location other than in an IFQ regulatory area or in the State of Alaska must submit an IFQ Departure Report, by telephone, to OLE, Juneau, AK at 800-304- 4846 or 907-586-7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t. (l)(4)(i)(B)......................... (l)(5)(vii) Completion of fishing. An IFQ (l)(4)(i)(B) Completion of vessel operator who obtains an IFQ vessel fishing. A vessel operator clearance may only obtain that IFQ vessel must submit an IFQ Departure clearance after completion of all
Report after completion of fishing. If any fishing takes place after all fishing and prior to issuance of an IFQ vessel clearance, the departing the waters of the vessel operator must obtain a new IFQ EEZ adjacent to the vessel clearance.
jurisdictional waters of the State of Alaska, the territorial sea of the State of Alaska, or the internal waters of the State of Alaska when IFQ halibut, CDQ halibut or IFQ sablefish are on board. (l)(4)(i)(C)......................... (l)(5)(iii) A vessel operator obtaining an (l)(4)(i)(C) IFQ Registered IFQ vessel clearance or submitting a
Buyer permit. A vessel departure report must have a Registered operator submitting an IFQ Buyer permit.
Departure Report must have a Registered Buyer permit. (l)(4)(i)(D)......................... (ix) First landing of any species. A
(l)(4)(i)(D) First landing of vessel operator must land and report all any species. A vessel IFQ species on board at the same time and operator submitting an IFQ place as the first landing of any species Departure Report must submit harvested during an IFQ fishing trip. IFQ Landing Reports for all IFQ halibut, CDQ halibut and IFQ sablefish on board at the same time and place as the first landing of any IFQ species. (l)(4)(i)(E)......................... (l)(5)(iv) IFQ permits on board. A vessel (l)(4)(i)(E) IFQ permits on operator obtaining an IFQ vessel
board. A vessel operator clearance must ensure that one or more submitting an IFQ Departure IFQ cardholders is on board with enough Report must ensure that one remaining IFQ balance to harvest amounts or more IFQ cardholders are of IFQ fish equal to or greater than all on board with enough IFQ halibut and IFQ sablefish on board. remaining IFQ balance to harvest amounts of IFQ halibut, CDQ halibut or IFQ sablefish equal to or greater than all IFQ halibut, CDQ halibut and IFQ sablefish on board. (l)(4)(ii)........................... (l)(5)(viii) Required information. To (l)(4)(ii) Required obtain an IFQ vessel clearance, the
information. When submitting vessel operator must provide the
an IFQ Departure Report, the following information to the clearing vessel operator must provide officer:
the following information: (l)(4)(ii)(C)........................ (l)(5)(viii)(D) Vessel operator's IFQ (l)(4)(ii)(C) Vessel Registered Buyer permit number.
operator's name and IFQ Registered Buyer permit number. (l)(4)(ii)(D)........................ (l)(5)(viii)(C) Name and permit numbers of (l)(4)(ii)(D) Halibut IFQ IFQ permits used to harvest IFQ species permit numbers and sablefish on board.
IFQ permit numbers of IFQ cardholders on board. (l)(4)(ii)(E)........................ (l)(5)(viii)(G) IFQ areas of harvest. (l)(4)(ii)(E) Halibut Regulatory Areas or Sablefish Regulatory Areas of harvest or both. (l)(4)(ii)(F)........................ (l)(5)(viii)(E) Estimated total weight of (l)(4)(ii)(F) Estimated total IFQ halibut on board (1b/kg/mt).
weight of IFQ halibut or CDQ halibut on board (lb/kg/mt).
Section 679.5(l)(5)
IFQ Vessel Clearance. OLE reports that 65 Vessel Clearances were processed in 2001. This indicates that a relatively small number of all vessels making IFQ landings would be directly regulated by this provision. The Vessel Clearance requirement would be replaced with a verbal ``Departure Report'' submitted by telephone prior to leaving the jurisdiction of the Council. This would mean vessels would not have to meet an OLE officer dockside at a Primary Port. A Departure Report would be required for vessels delivering their IFQ fish outside Alaska.
All of paragraph (l)(5) of this section would be removed, except that some paragraphs are indicated elsewhere as redesignated for inclusion in other sections. This action would also amend the FMPs so that the intent of the FMPs incorporates the practical limitations of OLE to meet the requirements of the FMPs. OLE personnel are not currently able to effectively determine catch quantity at the Vessel Clearance port and are unable to seal a vessel's hold without compromising vessel safety.
Landing Verification and Record Retention. In this section, all of the regulatory text regarding landing verification and record retention would be placed under (l)(5).
Section 679.5(l)(6)
Sampling. All of the regulatory text regarding sampling would be placed under (l)(6). Detailed changes are given below:
Sec. 679.5, paragraph
Redesignated as
No change Revised Removed
Added
(l)(5) heading................. ....................... ............
X ............ ............ first sentence of (l)(2)(v).... (l)(5)(i).............. ............
X ............ ............ (l)(6)......................... (l)(5)(ii)............. ............
X ............ ............ (l)(6) heading................. ....................... ............
X ............ ............ First sentence of (l)(2)(v).... (l)(6)(i).............. ............
X ............ ............ Second sentence of (l)(2)(v)... (l)(6)(ii)............. ............
X ............ ............
[[Page 3495]]
Section 679.7 Prohibitions
This action would amend Sec. 679.7(f)(6) to include the IFQ card requirement for a hired master. In addition, Sec. 679.7(f)(12) would be revised to change the submittal time limit for the PNOL from 6 hours to 3 hours prior notice. Detailed changes are presented below:
Sec. 679.7, paragraph
Redesignated as
No change Revised Removed
Added
(f)(6)......................... ....................... ............
X ............ ............ (f)(12)........................ ....................... ............
X ............ ............
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.7, paragraph
Remove . . .
Add
(f)(6).................... Make an IFQ halibut, Landing. (i) IFQ or IFQ sablefish, or CDQ card. Make an CDQ halibut landing IFQ halibut, IFQ without an IFQ or sablefish, or CDQ CDQ card in the name halibut landing of the individual without an IFQ or making the landing. CDQ card in the name of the individual making the landing. (ii) Hired master. Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing without an IFQ or CDQ card listing the name of the hired master and the name of the vessel making the landing. (f)(12)................... Make an IFQ landing Make an IFQ landing without prior notice without a PNOL and of landing and
before 3 hours after before 6 hours after such notice, except such notice, except as provided in Sec. as provided in Sec. 679.5 679.5.
Section 679.32 Groundfish and Halibut CDQ Catch Monitoring
This action would revise the reference in paragraph (f)(2)(iv) of this section to include paragraph (g) of this section for the PTR and paragraph (l) of this section for IFQ R&R. This would be necessary because participants in the CDQ halibut fishery are required to follow the IFQ regulations for R&R given in paragraph (l) of this section and requirements to file the PTR in paragraph (g) of this section.
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Location Sec. 679.32, paragraph
Remove . . .
Add
(f)(2)(i A person may land A person may land v). halibut CDQ only if halibut CDQ only if he or she has a
he or she has a valid halibut CDQ valid halibut CDQ card, and that
card, and that person may deliver person may deliver halibut CDQ only to halibut CDQ only to a person with a
a person with a valid registered valid registered buyer permit. The buyer permit. The person holding the person holding the halibut CDQ card and halibut CDQ card and the Registered Buyer the Registered Buyer must comply with the must comply with the requirements of Sec. requirements of Sec. 679.51(l)(1) and 679.5(g) and (l). (l)(2).
Section 679.42 Limitations on Use of QS and IFQ
This action would correct the regulatory text of Sec. 679.42 by removing incorrect reference to Sec. 679.42(k), by separating the text into numbered subparagraphs, and by correcting the metric ``equivalent'' to 5,000 lb. The amounts described by pounds and metric tons are not equal, and this regulation is stating an exact amount in both pounds and metric tons. Other detailed changes for Sec. 679.42 are presented below:
Sec. 679.42, paragraph
Redesignated as
No change Revised Removed
Added
(a)............................ ....................... ............
X ............ ............ (c)(1)(ii)..................... ....................... ............
X ............ ............ (c)(1)(iv)..................... ....................... ............
X ............ ............ (c)(2)(i)...................... ....................... ............
X ............ ............
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
[[Page 3496]]
Location Sec. 679.42, paragraph
Current text
Proposed text
(a)....................... The QS or IFQ
(1) The QS or IFQ specified for one specified for one IFQ regulatory area IFQ regulatory area must not be used in must not be used in a different IFQ
a different IFQ regulatory area. regulatory area. Except as provided (2) Except as in paragraph (k) of provided in Sec. this section or in 679.41(i)(1) of this Sec. 679.41(i)(1) part, the IFQ of this part, the assigned to one IFQ assigned to one vessel category must vessel category must not be used to not be used to
harvest IFQ species harvest IFQ species on a vessel of a on a vessel of a different vessel different vessel category. category.
(3) Notwithstanding Notwithstanding. Sec. Sec.
679.40(a)(5)(ii) of 679.40(a)(5)(ii) of this part, IFQ this part, IFQ
assigned to vessel assigned to vessel Category B must not Category B must not be used on any be used on any
vessel less than or vessel less than or equal to 60 ft (18.3 equal to 60 ft (18.3 m) LOA to harvest m) LOA to harvest IFQ halibut in IFQ IFQ halibut in IFQ regulatory area 2C regulatory area 2C or IFQ sablefish in or IFQ sablefish in the IFQ regulatory the IFQ regulatory area east of area east of
140[deg] W. long. 140[deg] W. long. unless such IFQ unless such IFQ
derives from blocked derives from blocked QS units that result QS units that result in IFQ of less than in IFQ of less than 5,000 lb, based on 5,000 lb (2.3 mt), the 1996 TAC for based on the 1996 fixed gear specified TAC for fixed gear for the IFQ halibut specified for the fishery and the IFQ IFQ halibut fishery sablefish fishery in and the IFQ
each of these two sablefish fishery in regulatory areas. each of these two regulatory areas. (c)(1)(ii)................ Be aboard the vessel Be aboard the vessel at all times during at all times during the fishing
the fishing trip and operation.
present during the landing. (c)(1)(iv)................ Sign the IFQ landing Sign the IFQ Landing report required by Report required by Sec.
Sec. 679.5(l)(2)(ii)(C) 679.5(l)(2)(iv)(D). and (iii)(B). (c)(2)(i)................. Except as provided in Except as provided in Sec.
Sec. 679.5(l)(2)(vi)(J)(2 679.5(l)(2)(iii)(J), ), if offload of if offload of unprocessed IFQ
unprocessed IFQ halibut, CDQ halibut halibut, CDQ halibut or IFQ sablefish or IFQ sablefish from a vessel, the from a vessel, the scale weight of the scale weight of the halibut or sablefish halibut or sablefish product actually product actually measured at the time measured at the time of offload, as
of offload, as required by Sec. required by Sec. 679.5(l)(2)(vi) to 679.5(l)(2)(iii) to be included in the be included in the IFQ Landing Report. IFQ Landing Report.
Section 679.43 Determinations and Appeals
In addition to the changes in R&R for groundfish and the IFQ Program, paragraph 679.43(c) would be revised to correct the address for the Office of Administrative Appeals.
Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text.
Paragraph
Current text
Proposed text
679.43(c)................. Appeals must be in Appeals must be in writing and must be writing and must be submitted to the mailed to the: Office of
National Marine Administrative
Fisheries Service, Appeals, P.O. Box Office of 21668, Juneau, AK Administrative 99802 or delivered Appeals, P.O. Box to: Federal
21668, Juneau, AK Building, 709 West 99802-1668 or 9th St., Room 801, delivered to: Juneau, AK..
National Marine Fisheries Service, Attention: Appeals (OAA) 709 West 9th St., Room 453, Juneau, AK 99801.
Tables
Tables 14a, b, and c to 50 CFR part 679 are revised by removing the coordinates and indications for IFQ primary ports of landing and by indicating ``other'' for each State and Canada. The port of Vancouver, Canada, and code number 803 are added to Table 14b.
Classification
This proposed rule has been determined to be not significant for purposes of E.O. 12866.
This rule does not duplicate, overlap, or conflict with other Federal regulations.
This rule contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by OMB. These requirements are listed by OMB control number.
OMB No. 0648-0272. These requirements and their associated burden estimates per response are: 18 minutes for Landing Report and 12 minutes for Transshipment Authorization.
This proposed rule also contains revised requirements that have been submitted to OMB for approval. These requirements are listed by OMB control number.
OMB No. 0648-0213. This requirement and its associated burden estimate per response is: 14 minutes for Vessel Activity Report.
OMB No. 0648-0272. These revised requirements and their associated burden estimates per response are: 12 minutes for IFQ Prior Notice of Landing; 6 minutes for IFQ Departure Report; 6 minutes for IFQ Dockside sales receipt; 18 minutes for Shipment Report are removed; and 12 minutes for Vessel Clearance are removed.
OMB No. 0648-0213. This revised requirement and its associated burden estimate per response is: 20 minutes for Product Transfer Report.
Response times include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Public comment is sought regarding: Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology.
Send comments on these or any other aspects of the collection of information to NMFS, Alaska Region (see
[[Page 3497]]
ADDRESSES), and to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 (Attention: NOAA Desk Officer).
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.
In general, these actions would improve the efficiency of data collection required under existing IFQ regulations and stem from a joint collaboration of the NOAA Office of Law Enforcement (OLE), Alaska Region, and members of the affected industry. Together, they agreed to changes to the R&R requirements for the IFQ program. These changes were further reviewed by the United States Coast Guard, the Council, and the International Pacific Halibut Commission. An IFQ Implementation Team has recommended adoption of these measures to the Council.
These actions would result in removing the IFQ Shipment Report and IFQ Vessel Clearance. As a consequence of their removal, other forms such as the IFQ Landing Report, IFQ Prior Notice of Landing, IFQ Departure Report, the Product Transfer Report and Vessel Activity Report are proposed to be changed. Definitions for ``authorized officer'', ``clearing officer'' and ``IFQ landing'' would be revised. Overall, these changes will result in improved economic efficiency for the affected fisheries by allowing the vessel operators additional time to find competitive prices at the processors. Furthermore, the action would relieve burdens on small entities, as concluded in the Regulatory Impact Review (RIR), by simplifying, combining and clarifying reporting forms and requirements.
NMFS determined that this proposed rule warrants a Categorical Exclusion from National Environmental Policy Act (NEPA) requirements for an EA. The changes proposed in this action are consistent with the intent and purpose of the Halibut Act with respect to halibut, the Magnuson-Stevens Act with respect to sablefish, and the groundfish FMPs.
These proposed actions--FMP amendments and amendment to regulations promulgated under the Groundfish FMP and Halibut Act--have been evaluated to determine the appropriateness of a Categorical Exclusion for preparation of a NEPA analysis. According to agency NEPA guidance found at NAO 216-6, Section 5.05b, to qualify for a categorical exclusion from NEPA analysis, this agency needs to determine if (1) a prior NEPA analysis for the same action demonstrated that the action will not have significant impacts on the quality of the human environment; or (2) the proposed action is likely to result in significant impacts as defined in 40 CFR 1508.27. Further, according to section 6.02 of NAO 216-6, an action is disqualified from Categorical Exclusions for several reasons, including: (1) The action may be reasonably expected to jeopardize the sustainability of any target or non-target species that may be affected by the action; (2) the action may reasonably be expected to cause substantial damage to the ocean and coastal habitats and/or essential fish habitats defined under the MSA and identified in the FMPs; (3) the action may be reasonably expected to have a substantial adverse impact on public health or safety; (4) the action may be reasonably expected to adversely affect endangered or threatened species, marine mammals, or critical habitat of these species; (5) the action may be reasonably expected to result in cumulative effects that could have a substantial effect on the target species or non-target species; (6) the action may be expected to have a substantial impact on biodiversity and ecosystem function within the affected area; (7) if significant social or economic impacts are interrelated with significant natural or physical environmental effects than an Environmental Impact Statement (EIS) should discuss all the effects on the human environment; and (8) the degree to which the effects on the quality of the human environment are likely to be highly controversial.
For the following reasons, and in consideration of guidance under NAO 216-6, the prior NEPA analyses--the SEIS for Groundfish of the GOA and the SEIS for the Halibut IFQ program--provide sufficient analysis of the direct, indirect and cumulative impacts of the recordkeeping and reporting component to the IFQ fisheries affected here. Further, none of the considerations under section 6.02 exist here given: (1) The nature of the action and its goals, that is that the action is a refinement of recordkeeping and reporting and seeks to reduce the time required for complying with such; and (2) that the action will reduce the window of time required for vessels to alert the agency that they will be offloading catch at processors.
As determined in the accompanying RIR and IRFA analyses, conservation and management goals will be unaffected by the actions. The actions will not affect public health and safety and are not controversial. Because the actions do not alter fishing but rather landings and reporting, the actions will not affect the target or non- target species that are caught pursuant to the IFQ programs affected here. The actions do not establish any precedent or decision in principle about future proposals or result in cumulatively significant impacts nor have any adverse impacts on endangered or threatened species or their habitats.
In conclusion, these actions would improve the efficiency of data collection required under existing IFQ regulations and would implement those recommendations received from industry, enforcement and management. Based on the foregoing conclusions, these revisions to recordkeeping and reporting for the IFQ fisheries would not substantively alter environmental impacts already analyzed within existing environmental documents.
NMFS prepared an initial regulatory flexibility analysis that describes the impact this proposed rule, if adopted, would have on small entities.
The legislative authority for these actions is the Magnuson-Stevens Fishery Conservation and Management Act, Public Law (Pub. L.) 94-265, 16 U.S.C. 1801 (Magnuson-Stevens Act), and the Northern Pacific Halibut Act of 1982 (NPHA) Public Law 97-176, 16 U.S.C. 773 c (c).
Action 1
Under current regulations, operators of vessels making halibut or sablefish IFQ landings must notify the NOAA Fisheries Office for Law Enforcement six hours before the landing and must include the name of the Registered Buyer to whom they are delivering the IFQ fish. These regulations have been found to put IFQ fishermen at a disadvantage in their negotiations with Registered Buyers, to make it more difficult for Registered Buyers to market fresh product, and to reduce the ability of IFQ fishermen to respond to changing business conditions. The preferred alternative for this action would address these problems by reducing the notification time from six hours to three, and by eliminating the requirement that persons landing IFQ fish include the name of the Registered Buyer in the notification. Persons landing IFQ fish only would have to include the location of the landing in the notification.
The maximum number of directly regulated small entities would be approximately 3,485 holders of halibut QS, and 872 holders of sablefish QS. In addition, all six of the CDQ groups hold
[[Page 3498]]
CDQ halibut QS and would be directly regulated. A total of 270 individual fishermen landed CDQ halibut in 2001 and may be directly regulated by this regulatory change. NMFS/RAM issued 694 permits for Registered Buyers in 2001, and, of these, 215 reported landings. Registered Buyers also would be directly regulated by this change.
In general, this proposed rule would relieve burdens on small entities, especially vessel owners of IFQ's. Proposed changes may contribute to increased competition in the delivery market for IFQ halibut and sablefish and thus may have some adverse impact on less economically efficient Registered Buyers. There are no data available on whether or not this impact will occur, or on how serious it may be.
This action does not impose new record keeping requirements or duplicate, overlap or conflict with other Federal rules. NMFS considered an alternative to totally eliminate the prior notice of landing requirement. This might have relieved more of the burden on small entities (although it might still have adversely impacted less efficient Registered Buyers). However, this alternative would have adversely affected data-collection, monitoring, and enforcement operations. NMFS also considered an alternative to randomly apply the prior notice requirements to vessels. Under this system, some vessels would be relieved of a prior notice burden, but all vessels would have been subjected to additional ``hail-out'' reporting burdens when they put to sea. Port-sampling might be adversely impacted, with biases introduced into sampling methods that might affect the quality of data used in stock assessments. Therefore, neither of these alternatives was chosen as the preferred alternative.
Action 2
At the present time, vessels may only begin to land IFQ catch between 6 a.m. and 6 p.m. (the ``offload window''). Industry has expressed an interest in extending the offload window later in the evening. However, industry has also indicated that if the preferred alternative in Action 1 were taken, the flexibility provided would make it unnecessary to extend the window. The preferred alternative, therefore, is continuation of the status quo.
The maximum number of affected small entities would be the approximately 3,485 persons (individuals, corporations, and other entities) who held halibut QS; 872 persons held sablefish QS. In addition, all six of the CDQ groups that hold CDQ halibut would be affected. A total of 270 individuals landed CDQ halibut in 2001 and may be affected by this regulation. NMFS/RAM issued 694 permits for Registered Buyers in 2001, and, of these, 215 reported landings. Registered Buyers also would be affected by this change in regulation.
This action does not appear to have an adverse impact on small entities. This action does not impose new record keeping requirements or duplicate, overlap, or conflict with other Federal rules.
Action 3
The preferred alternative for this action eliminates the requirement for vessels to pull into port to obtain a vessel clearance prior to leaving the EEZ off Alaska. IFQ permit holders state that the requirement is onerous and costly when they have to divert to come dockside for a clearance. They also say there are not enough port options for obtaining clearance in a timely fashion. The objective of this action is to reduce the burden on fishermen by substituting a verbal ``departure report'' for the currently-required vessel clearance. A verbal report would not diminish the ability to monitor and enforce catch reporting/quota requirements on vessels leaving the jurisdiction of the Council since other reporting mechanisms are available in the port of delivery to monitor those vessels.
As proposed, this preferred alternative for Action 3 would directly regulate the 1,451 unique vessels which made IFQ halibut landings, and 433 unique vessels which made sablefish landings in 2001. OLE reports that 65 vessel clearances were processed in 2001. This indicates that a relatively small number of all vessels making IFQ landings would be directly regulated by this provision, because to obtain the highest quality product, vessels generally offload halibut as soon as possible at a port of Alaska.
NMFS has not identified any adverse impacts to small entities from this action. It does not impose new record keeping requirements or duplicate, overlap or conflict with other federal rules. NMFS is not aware of any alternatives in addition to the alternatives considered that would accomplish the objectives of the Magnuson-Stevens Act and other applicable statutes and that would minimize the economic impact of the proposed rule on small entities.
Action 4
Regulations currently require that Registered Buyers of IFQ sablefish and halibut and CDQ sablefish report landings on a shipment report. Processors are required to report groundfish landings on a separate product transfer report (PTR). Those processors that are also Registered Buyers must submit a PTR for groundfish and a shipment report for IFQ halibut and sablefish and for CDQ halibut. The IFQ fishing industry has expressed concern that this report is duplicative. The purpose of this action is to improve the transfer procedure paperwork and to eliminate some occurrence of duplication. For example under current regulations, an offload of IFQ halibut or sablefish generally also includes incidental groundfish harvest. A PTR is created for the incidental groundfish; a shipment report is created for the IFQ halibut or sablefish. In other words, two pieces of paper document one offload. With the proposed combination of the IFQ shipment report and the groundfish product transfer report, both the IFQ fish and the incidental groundfish would be reported on one document.
As proposed, the preferred alternative for action 4 would directly regulate Registered Buyers, all of whom are assumed to be ``small business,'' based upon RFA criteria. NMFS/RAM issued 694 permits for Registered Buyers in 2001, and, of these, 215 reported landings. Therefore, some multiple of 215 shipment reports and an estimated two- thirds of these, or 144 PTRs, were submitted by Registered Buyers in 2001. The proposed change would eliminate the 144 PTRs.
This action would impose no adverse impacts on small entities, and it does not appear to impose new record keeping requirements or duplicate, overlap, or conflict with other Federal rules.
A copy of this analysis is available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: January 6, 2003. Rebecca Lent, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 679 is proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
-
The authority citation for 50 CFR part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
[[Page 3499]]
-
In Sec. 679.2, revise in alphabetical order the definitions for ``Authorized officer,'' ``Clearing officer,'' ``IFQ landing,'' ``IFQ Permit Holder,'' ``IFQ Registered Buyer,'' and ``Transfer'' to read as follows:
Sec. 679.2 Definitions.
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the USCG;
(2) Any special agent or fishery enforcement officer of NMFS;
(3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson- Stevens Act or any other statute administered by NOAA; or
(4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition. * * * * *
Clearing officer means, a NOAA Fisheries Office for Law Enforcement (OLE) special agent, an OLE fishery enforcement officer, or an OLE enforcement aide. * * * * *
IFQ landing means, the unloading or transferring of any IFQ halibut, CDQ halibut, IFQ sablefish, or products thereof from the vessel that harvested such fish or the removal from the water of a vessel containing IFQ halibut, CDQ halibut, IFQ sablefish, or products thereof.
IFQ permit holder means the person identified on an IFQ permit, at the time a landing is made, as defined at Sec. 679.4(d)(1). * * * * *
IFQ registered buyer means the person identified on a Registered Buyer permit, as defined at Sec. 679.4(d)(3). * * * * *
Transfer means:
(1) Groundfish fisheries of the GOA and BSAI. Any loading, offloading, shipment or receipt of any groundfish product by a mothership, catcher/processor, shoreside processor, or stationary floating processor, including quantities transferred inside or outside the EEZ, within any state's territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduction plant.
(2) IFQ halibut, CDQ halibut, IFQ sablefish. Any loading, offloading, shipment or receipt of any IFQ halibut, CDQ halibut, IFQ sablefish product, including quantities transferred inside or outside the EEZ, within any state's territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduction plant. * * * * *
-
In Sec. 679.4, paragraph (d) is revised to read as follows:
Sec. 679.4 Permits.
* * * * *
(d) IFQ permits, IFQ cards, and IFQ Registered Buyer permits. The permits and cards described in this section are required in addition to the permit and licensing requirements prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and in the permit requirements of this section.
(1) IFQ permit. (i) An IFQ permit authorizes the person identified on the permit to harvest IFQ halibut or IFQ sablefish from a specified IFQ regulatory area at any time during an open fishing season during the fishing year for which the IFQ permit is issued until the amount harvested is equal to the amount specified under the permit, or until it is revoked, suspended, or modified under 15 CFR part 904.
(ii) A legible copy of any IFQ permit that specifies the IFQ regulatory area and vessel length overall from which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder must be carried on board the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board.
(2) IFQ card. (i) An IFQ card authorizes the individual identified on the card to land IFQ halibut or IFQ sablefish for debit against the specified IFQ permit until the card expires, or is revoked, suspended, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder.
(ii) An original IFQ card issued by the Regional Administrator must be on board the vessel that harvests IFQ halibut or IFQ sablefish at all times that such fish are retained on board. Except as specified in Sec. 679.42(d), an individual that is issued an IFQ card must remain aboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card during the IFQ fishing trip and at the landing site during all IFQ landings.
(iii) Each IFQ card issued by the Regional Administrator will display an IFQ permit number, the name of the individual authorized by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit against the permit holder's IFQ. In addition, IFQ cards issued to hired masters representing permit holders per Sec. 679.42(i) and (j) will also display the ADF&G vessel identification number of the authorized vessel.
(3) Registered Buyer permit. (i) A Registered Buyer permit authorizes the person identified on the permit to receive and make an IFQ landing by an IFQ permit or card holder at any time during the fishing year for which it is issued until the Registered Buyer permit expires, or is revoked, suspended, or modified under 15 CFR part 904.
(ii) A Registered Buyer permit is required of:
(A) Any person who receives IFQ halibut, CDQ halibut or IFQ sablefish from the person(s) who harvested the fish;
(B) Any person who harvests IFQ halibut or IFQ sablefish and transfers such fish in a dockside sale, outside of an IFQ regulatory area, or outside the State of Alaska.
(C) A vessel operator who submits a Departure Report (see Sec. 679.5(l)(4))
(iii) A Registered Buyer permit is issued on a 3-year cycle by the Regional Administrator to persons that have a Registered Buyer application approved by the Regional Administrator.
(iv) A Registered Buyer permit 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.
(4) Issuance. The Regional Administrator will renew IFQ permits and cards annually or at other times as needed to accommodate transfers, revocations, appeals resolution, and other changes in QS or IFQ holdings, and designation of masters under Sec. 679.42.
(5) Transfer. The quota shares and IFQ issued under this section are not transferable, except as provided under Sec. 679.41. IFQ cards and Registered Buyer permits issued under this paragraph (d) are not transferable.
(6) Inspection. (i) IFQ permit and card. The IFQ cardholder must present a copy of the IFQ permit and the original IFQ card for inspection on request of any authorized officer or Registered Buyer receiving IFQ species. Nothing in this paragraph would prevent an individual who is issued an IFQ card from being absent from the vessel used to harvest IFQ halibut or IFQ sablefish from the time the vessel arrives at the point of landing and the commencement of landing.
(ii) Registered Buyer permit. A legible copy of the Registered Buyer permit must be present at the location of an IFQ landing and must be made available by the Registered Buyer's representative for inspection on request of any authorized officer.
[[Page 3500]]
(7) Validity. An IFQ permit issued under this part is valid only if all IFQ fee liability of the IFQ permit holder that is due as a result of final agency action has been paid as specified in Sec. Sec. 679.45 and 679.5(l)(7)(ii). * * * * *
-
In Sec. 679.5, paragraphs (a)(1)(ii)(A) and (B), (a)(15), (g), (k), and (l) are revised to read as follows:
Sec. 679.5 Recordkeeping and reporting.
(a) * * *
(1) * * *
(ii) * * *
(A) Groundfish received. A shoreside processor, stationary floating processor, mothership, or buying station subject to recordkeeping and reporting requirements must report all groundfish and prohibited species received, including fish received from vessels not required to have a federal fisheries permit; and fish received under contract for handling or processing for another processor.
(B) Groundfish transferred. A shoreside processor, stationary floating processor, or mothership subject to recordkeeping and reporting requirements must report all groundfish and prohibited species transferred out of the facility or off the vessel. * * * * *
(15) IFQ/groundfish transfer comparison. The operator, manager, or Registered Buyer may refer to the following table for submittal, issuance, and possession requirements for each type of IFQ or non-IFQ groundfish transfer activity. The locations of the paragraphs that describe the requirements of each activity are also given.
Submittal
Issue
Possess
IFQ
IFQ IFQ Trans- IFQ Dockside Landing VAR
PTR
shipment Departure Sale Report Authorization Report Receipt Receipt
(i) If a catcher vessel, mothership
X .......... ............. .......... .......... .......... or catcher/processor leaving or entering Alaska with non-IFQ groundfish and no IFQ product onboard (see Sec. 679.5(k)))...... (ii) If a vessel leaving Alaska with .......... .......... .............
X .......... .......... IFQ sablefish or IFQ halibut but no other non-IFQ groundfish onboard (see Sec. 679.5(l)(4))............ (iii) If a vessel leaving Alaska with
X .......... .............
X .......... .......... IFQ sablefish or IFQ halibut and other non-IFQ groundfish onboard (see Sec. 679.5(k) and 679.5(l)(4))........................ (iv) Transfer of non-IFQ groundfish ..........
X ............. .......... .......... .......... (see Sec. 679.5(g))............... (v) Transfer of IFQ species from an ..........
X ............. .......... .......... .......... IFQ Registered Buyer (see Sec. 679.5(g))........................... (vi) Transfer of IFQ species from IFQ .......... .......... ............. ..........
XXX .......... Cardholder with a IFQ Registered Buyer permit in a dockside sale (see Sec. 679.5(l)(5))................. (vii) Transfer of IFQ species from .......... .......... ............. .......... ..........
XX landing site to IFQ Registered Buyer's processing facility (see Sec. 679.5(g)(1)(vi))............. (viii) Transfer of IFQ processed .......... ..........
XXXX .......... .......... .......... product between vessels (see Sec. 679.5(l)(3))........................
X Indicates under what circumstances each report is submitted; XX Indicates that the document must accompany the transfer of IFQ species from landing site to processor; XXX Indicates receipt must be issued to each receiver in a dockside sale; XXXX Indicates authorization must be obtained.
* * * * *
(g) Product Transfer Report (PTR). (1) General Requirements. Except as provided in paragraphs (g)(1)(i) through (vi) of this section, the operator of a mothership or catcher/processor, the manager of a shoreside processor or stationary floating processor must complete and submit a separate PTR for each transfer (shipment or receipt) of groundfish and donated prohibited species caught in groundfish fisheries. In addition, IFQ Registered Buyers must submit a separate PTR for each transfer (shipment only) of halibut or sablefish for which the Registered Buyer submitted an IFQ or CDQ Landing Report or was required to submit an IFQ or CDQ Landing Report. A PTR is not required to accompany a shipment or transfer.
(i) Exemption: Bait sales (non-IFQ groundfish only). The operator or manager may aggregate individual sales or transfers of non-IFQ groundfish to vessels for bait purposes during a day onto one PTR when recording the amount of such bait product leaving a facility that day.
(ii) Exemption: Retail sales. For retail sales destined for human consumption and weighing less than 10 lb or 4.5 kilograms, the operator, manager, or IFQ Registered Buyer may aggregate and record on one PTR, the amount of such retail product transferred during one calendar day.
(iii) Exemption: Wholesale sales (non-IFQ groundfish only). The operator or manager may aggregate and record on one PTR, wholesale sales of non-IFQ groundfish by species when recording the amount of such wholesale species leaving a facility in one calendar day, if invoices detailing destinations for all of the product are available for inspection by an authorized officer.
(iv) Exemption: IFQ Registered Buyers. IFQ Registered Buyers are not required to submit a PTR for ``receipt'' of IFQ halibut, CDQ halibut, or IFQ sablefish.
(v) Exemption: Dockside sales (IFQ only). (A) A person holding a valid IFQ permit, IFQ card, and IFQ Registered Buyer permit may conduct a dockside sale of IFQ halibut or IFQ sablefish to a person who has not been issued an IFQ Registered Buyer permit.
(B) An IFQ Registered Buyer conducting dockside sales must issue a receipt to each individual receiving IFQ halibut or IFQ sablefish in lieu of a PTR. This receipt must include the date of sale or transfer, the IFQ Registered Buyer permit number, and the weight by product of the IFQ sablefish or IFQ halibut transferred.
(vi) Exemption: transfer directly from the landing site to a processing facility (IFQ only). A PTR is not required for transportation of unprocessed IFQ species directly from the landing site to a processing facility for processing the IFQ species, provided the following conditions are met:
(A) A copy of the IFQ Landing Report receipt (Internet or transaction terminal
[[Page 3501]]
receipt) documenting the IFQ landing accompanies the offloaded IFQ species while in transit.
(B) A copy of the IFQ Landing Report receipt is available for inspection by an authorized officer.
(C) For IFQ species transported in this manner, the IFQ Registered Buyer submitting the IFQ Landing Report must still complete a PTR for each transfer of IFQ halibut and IFQ sablefish from the processing facility.
(2) Time limits and submittal. The operator of a mothership or catcher/processor, an IFQ Registered Buyer, or manager of a shoreside processor or stationary floating processor must:
(i) Record on PTR. Record all product transfer information on a PTR within 2 hours of the completion of the transfer.
(ii) Submit original PTR. Submit by FAX or electronic file a copy of each PTR to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the transfer occurred.
(iii) Submit revised PTR. Ensure that, if any information on the original PTR changes prior to the first destination of the shipment, a revised PTR is submitted by FAX or electronic file to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the change occurred.
(3) General information. The operator, manager, or IFQ Registered Buyer must record on a PTR:
(i) Whether original or revised PTR;
(ii) Whether you are the shipper or receiver;
(iii) Whether the shipment or receipt is for any combination of non-IFQ groundfish, IFQ products, or CDQ halibut products and record information for each product transferred per paragraph 679.5(g)(4) through (7). If shipment consists of donated prohibited species caught while participating in groundfish fisheries, mark the box ``groundfish.''
(4) Receiver information. If documenting receipt of non-IFQ groundfish, the operator or manager must check ``Receiver'; enter your representative's name, telephone number, and FAX number; start and finish date and time of product transfer, position of product transfer (if applicable), port or location of transfer and:
Enter under ``Receiver''
Enter under ``Shipper''
Your processor's name and Federal
Other processor's name, and fisheries or Federal processor permit. Federal fisheries or Federal processor permit (if applicable).
(5)(i) Shipper Information. If documenting transfer of product away from your facility or transfer of product off of your vessel, the operator, manager, or IFQ Registered Buyer must enter your representative's name, telephone number, and FAX number, check ``Shipper'' and:
If you are shipping
Enter under ``Shipper''
(A) Non-IFQ groundfish................. Your processor's name, Federal fisheries or Federal processor permit number. (B) IFQ halibut, CDQ halibut or IFQ IFQ Registered Buyer name and sablefish.
permit number. (C) Both non-IFQ groundfish and IFQ Your processor's name and halibut, CDQ halibut or IFQ sablefish Federal fisheries permit on the same PTR.
number or Federal processor permit number; or your IFQ Registered Buyer's name and permit number.
(ii) Using descriptions from the following table, enter receiver information, date and time of product transfer, location of product transfer e.g., port, position coordinates, or city), mode of transportation, and intended route.
Then enter ...
If you are the shipper and ...
Mode of Receiver
Date & Time of
Location of Transportation & Product Transfer Product Transfer Intended Route
(A) Receiver is on land and Receiver name and Date and time when Port or city of Name of the transfer involves one van,
Federal fisheries shipment leaves product transfer. shipping company; truck, or vehicle.
or Federal
the plant.
destination city processor permit
and state or number (if any).
foreign country. (B) Receiver is on land and Receiver name and Date and time when Port or city of Name of the transfer involves multiple vans Federal fisheries loading of vans product transfer. shipping company; or trucks.
or Federal
or trucks is
destination city processor permit completed each
and state or number (if any). day.
foreign country. (C) Receiver is on land and Receiver name and Date and time when Port or city of Name of the transfer involves one airline Federal fisheries shipment leaves product transfer. airline company; flight.
or Federal
the plant.
destination processor permit
airport city and number (if any).
state. (D) Receiver is on land and Receiver name and Date and time of Port or city of Name of the transfer involves multiple
Federal fisheries shipment when the product transfer. airline airline flights.
or Federal
last airline
company(s); processor permit flight of the day
destination number (if any). leaves.
airport(s) city and state. (E) Receiver is a vessel and Vessel name and Start and finish Transfer position The first transfer occurs at sea.
call sign.
dates and times coordinates in destination of of transfer.
latitude and
the vessel. longitude, in degrees and minutes.
[[Page 3502]]
(F) Receiver is a vessel and Vessel name and Start and finish Port or position The first transfer takes place in port. call sign.
dates and times of product
destination of of transfer.
transfer.
the vessel. (G) Receiver is an agent (buyer, Agent name and Transfer start and Port, city, or Name (if distributor, or shipping agent) location (city, finish dates and position of
available) of the and transfer is in a
state).
times.
product transfer. vessel containerized van.
transporting the van; destination port. (H) You are aggregating
``RETAIL SALES''.. Time of the first Port or city of n/a. individual retail sales for
sale of the day; product transfer. human consumption in quantities
time of the last less than 10 lb (0.0045 mt) per
sale of the day. sale during a day onto one PTR. (I) You are aggregating
``BAIT SALES''.... Time of the first Port or city of n/a/. individual bait sales during a
sale of the day; product transfer. day onto one PTR (non-IFQ
time of the last groundfish only).
sale of the day. (J) Non-IFQ Groundfish only. You ``WHOLESALE
Time of the first Port or city of n/a. are aggregating wholesale non- SALES''.
sale of the day; product transfer. IFQ groundfish product sales by
time of the last species during a single day
sale of the day. onto one PTR and maintaining invoices detailing destinations for all of the product for inspection by an authorized officer.
(6) Products shipped or received. The operator, manager, or IFQ Registered Buyer must record the following information for each product transferred:
(i) Species code and product code. The species code and product code (Tables 1 and 2 to this part).
(ii) Species weight. Use only if recording two or more species with one or more product types contained within the same production unit. Enter the actual scale weight of each product of each species to the nearest kilogram or pound (indicate which). If not applicable, enter ``n/a'' in the species weight column. If using more than one line to record species in one carton, use a brace ``{time} '' to tie the carton information together.
(iii) Number of units. Total number of production units (blocks, trays, pans, individual fish, boxes, or cartons; if iced, enter number of totes or containers).
(iv) Unit weight. Unit weight (average weight of single production unit as listed in ``No. of Units'' less packing materials) for each species and product code in kilograms or pounds (indicate which).
(v) Total weight. Total weight for each species and product code of shipment less packing materials in kilograms or pounds (indicate which).
(7) Total or partial offload. (i) If a mothership or catcher/ processor, the operator must indicate whether the transfer is a total or partial offload.
(ii) If a partial offload, for the products remaining on board after the transfer, the operator must enter: species code, product code, and total product weight to the nearest kilogram or pound (indicate which) for each product. * * * * *
(k) U.S. Vessel Activity Report (VAR)--(1) Who needs to submit a VAR?--(i) Fish or fish product onboard. Except as noted in paragraph (k)(1)(iv) of this section, the operator of a catcher vessel greater than 60 ft (18.3 m) LOA, a catcher/processor, or a mothership required to hold a Federal fisheries permit issued under this part and carrying fish or fish product onboard must complete and submit a VAR by FAX or electronic file to OLE, Juneau, AK (907-586-7313) before the vessel crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.- Canadian international boundary between Alaska and British Columbia.
(ii) Combination of non-IFQ groundfish, IFQ halibut, CDQ halibut, and IFQ sablefish. If a vessel is carrying non-IFQ groundfish and IFQ halibut, CDQ halibut or IFQ sablefish, the operator must submit a VAR in addition to an IFQ Departure Report per paragraph (l)(4) of this section.
(iii) Revised VAR. If fish or fish products are landed at a port other than the one specified on the VAR, the vessel operator must submit a revised VAR showing the actual port of landing before any fish are offloaded.
(iv) Exemption: IFQ Departure Report. If a vessel is carrying only IFQ halibut, CDQ halibut, or IFQ sablefish onboard and the operator has submitted an IFQ Departure Report per paragraph (l)(4) of this section, a VAR is not required.
(2) Information required. Whether original or revised VAR; name and Federal fisheries permit number of vessel; type of vessel (whether catcher vessel, catcher/processor, or mothership); and representative information (see paragraph (b)(2) of this section).
(i) Return report. ``Return,'' for purposes of this paragraph, means returning to Alaska. If the vessel is crossing into the seaward boundary of the EEZ off Alaska or crossing the U.S.-Canadian international boundary between Alaska and British Columbia into U.S. waters, indicate a ``return'' report and enter:
[[Page 3503]]
(A) Intended Alaska port of landing (see Table 14 to this part);
(B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross;
(C) The estimated position coordinates the vessel will cross.
(ii) Depart report. ``Depart'' means leaving Alaska. If the vessel is crossing out of the seaward boundary of the EEZ off Alaska or crossing the U.S.-Canadian international boundary between Alaska and British Columbia into Canadian waters, indicate a ``depart'' report and enter:
(A) The intended U.S. port of landing or country other than the United States;
(B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross;
(C) The estimated position coordinates in latitude and longitude the vessel will cross.
(iii) The Russian Zone. Indicate whether your vessel is returning from fishing in the Russian Zone or is departing to fish in the Russian Zone.
(iv) Fish or fish products. For all fish or fish products (including non-groundfish) on board the vessel, enter: Harvest zone code; species codes; product codes; and total fish product weight in lbs or to the nearest 0.001 mt.
(l) IFQ halibut, CDQ halibut or IFQ sablefish recordkeeping and reporting. In addition to the recordkeeping and reporting requirements in this section and as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of this title, the following reports and authorizations are required, when applicable: IFQ Prior Notice of Landing, Product Transfer Report (see Sec. 679.5(g) of this section), IFQ Landing Report, IFQ Transshipment Authorization, and IFQ Departure Report.
(1) IFQ Prior Notice of Landing (PNOL)--(i) Time limits and submittal. (A) Except as provided in paragraph (l)(1)(iv) of this section, the operator of any vessel making an IFQ landing must notify OLE, Juneau, AK, no fewer than 3 hours before landing IFQ halibut or IFQ sablefish, unless permission to commence an IFQ landing within 3 hours of notification is granted by a clearing officer.
(B) A PNOL must be made to the toll-free telephone number 800-304- 4846 or to 907-586-7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
(ii) Revision to PNOL. The operator of any vessel wishing to land IFQ halibut or IFQ sablefish before the date and time (A.l.t.) reported in the PNOL or later than 2 hours after the date and time (A.l.t.) reported in the PNOL must submit a new PNOL as described in paragraphs (l)(1)(i) and (iii) of this section.
(iii) Information required. A PNOL must include the following:
(A) Vessel name and ADF&G vessel registration number;
(B) Port of landing and port code from Table 14 to this part;
(C) Exact location of landing within the port (i.e., dock name, harbor name, facility name, or geographical coordinates);
(D) The date and time (A.l.t.) that the landing will take place;
(E) Species and estimated weight (in pounds) of the IFQ halibut or IFQ sablefish that will be landed;
(F) IFQ regulatory area(s) in which the IFQ halibut or IFQ sablefish were harvested; and
(G) IFQ permit number(s) that will be used to land the IFQ halibut or IFQ sablefish and Registered Buyer name.
(iv) Exemption. An IFQ landing of halibut of 500 lb or less of IFQ weight determined pursuant to Sec. 679.42(c)(2) and concurrent with a legal landing of salmon or a legal landing of lingcod harvested using dinglebar gear is exempt from the PNOL required by this section.
(2) IFQ landing report--(i) Requirements--(A) All IFQ catch debited. All IFQ halibut, CDQ halibut, and IFQ sablefish catch must be weighed and debited from the IFQ permit holder's account under which the catch was harvested.
(B) Single offload site for halibut. The vessel operator who lands IFQ halibut or CDQ halibut must continuously and completely offload at a single offload site all halibut on board the vessel.
(C) Single offload site for sablefish. The vessel operator who lands IFQ sablefish must continuously and completely offload at a single offload site all sablefish on board the vessel.
(D) Remain at landing site. Once landing operations have commenced, the IFQ cardholder and the harvesting vessel may not leave the landing site until the IFQ account is properly debited (as defined in paragraph (l)(2)(iv)(D) of this section).
(E) No movement of IFQ halibut, CDQ halibut, or IFQ sablefish. The offloaded IFQ halibut, CDQ halibut, or IFQ sablefish may not be moved from the landing site until the IFQ Landing Report is received by OLE, Juneau, AK, and the IFQ cardholder's account is properly debited (as defined in paragraph (l)(2)(iv)(D) of this section).
(ii) Time limits. (A) A landing of IFQ halibut, CDQ halibut, or IFQ sablefish may commence only between 0600 hours, A.l.t., and 1800 hours, A.l.t., unless permission to land at a different time (waiver) is granted in advance by a clearing officer.
(B) A Registered Buyer must submit a completed IFQ Landing Report within 6 hours after all IFQ halibut, CDQ halibut, or IFQ sablefish are landed and prior to shipment or transfer of said fish from the landing site.
(iii) Information required. The Registered Buyer must enter accurate information contained in a complete IFQ Landing Report as follows:
(A) Date and time (A.l.t.) of the IFQ landing;
(B) Location of the IFQ landing (port code or if at sea, lat. and long.);
(C) Name and permit number of the IFQ card holder;
(D) Name and permit number of Registered Buyer receiving the IFQ species;
(E) The harvesting vessel's name and ADF&G vessel registration number;
(F) Gear type used to harvest IFQ species;
(G) Alaska State fish ticket number(s) for the landing;
(H) ADF&G statistical area of harvest reported by the IFQ cardholder;
(I) If ADF&G statistical area is bisected by a line dividing two IFQ regulatory areas, the IFQ regulatory area of harvest reported by the IFQ cardholder;
(J) For each ADF&G statistical area of harvest, the species codes, product codes, and initial accurate scale weight (in pounds or to the nearest thousandth of a metric ton) made at the time of offloading for IFQ species sold and retained. Exception: if the vessel operator is the Registered Buyer reporting the IFQ landing, the accurate weight of IFQ sablefish processed product obtained before the offload may be substituted for the initial accurate scale weight at time of offload.
(K) Whether ice and slime are present on the fish as offloaded from the vessel. Fish which have been washed prior to weighing or which have been offloaded from refrigerated salt water are not eligible for a 2- percent deduction for ice and slime and must indicate NO SLIME & ICE.
(L) If IFQ halibut is incidental catch concurrent with legal landing of salmon or concurrent with legal landing of lingcod harvested using dinglebar gear.
(M) After the Registered Buyer enters the landing data in the transaction terminal or the Internet submission form(s) and a receipt is printed, the Registered Buyer, or his/her representative, and the IFQ cardholder must sign the receipt(s) to acknowledge the accuracy of the Landing Report.
(iv) Submittals--(A) Transaction terminal. Except as indicated in paragraphs (l)(2)(iv)(B) and (C) of this
[[Page 3504]]
section, electronic Landing Reports must be submitted to OLE, Juneau, AK, using magnetic strip cards issued by NMFS, Alaska Region, and transaction terminals with printers driven by custom-designed software as provided and/or specified by NMFS, Alaska Region. The Registered Buyer must locate or procure a transaction terminal and report as required. The IFQ cardholder must initiate a Landing Report by using his or her own magnetic card and personal identification number (PIN).
(B) Internet. Electronic Landing Reports may be submitted to OLE, Juneau, AK, using Internet submission methods as provided and/or specified by NMFS, Alaska Region. It is the responsibility of the Registered Buyer to obtain at his or her own expense, hardware, software and Internet connectivity to support Internet submissions and report as required.
(C) Manual landing report. Waivers from the transaction terminal or Internet reporting requirement can only be granted in writing on a case-by-case basis by a local clearing officer. If a waiver is granted, manual landing instructions must be obtained from OLE, Juneau, AK, at 800-304-4846. Registered Buyers must complete and submit manual Landing Reports by FAX to OLE, Juneau, AK, at 907-586-7313. When a waiver is issued, the following additional information is required: Whether the manual Landing Report is an original or revised; and name, telephone number, and FAX number of individual submitting the manual Landing Report.
(D) Properly debited landing. A properly concluded transaction terminal receipt, printed Internet submission receipt, or manual Landing Report receipt received by FAX from OLE, Juneau, AK, and signed by an OLE representative constitutes confirmation that OLE received the Landing Report and that the cardholder's account was properly debited.
(3) Transshipment authorization. (i) No person may transship processed IFQ halibut or IFQ sablefish between vessels without authorization by a local clearing officer. Authorization from a local clearing officer must be obtained for each instance of transshipment at least 24 hours before the transshipment is intended to commence.
(ii) Information required. To obtain a Transshipment Authorization, the vessel operator must provide the following information to the clearing officer:
(A) Date and time (A.l.t.) of transshipment;
(B) Location of transshipment;
(C) Name and ADF&G vessel registration number of vessel offloading transshipment;
(D) Name of vessel receiving the transshipment;
(E) Product destination;
(F) Species and product type codes;
(G) Total product weight;
(H) Time (A.l.t.) and date of the request;
(I) Name, telephone number, FAX number (if any) for the person making the request.
(4) IFQ Departure Report--(i) General Requirements--(A) Time limit and submittal. A vessel operator who intends to make an IFQ halibut, CDQ halibut, or IFQ sablefish landing at any location other than in an IFQ regulatory area or in the State of Alaska must submit an IFQ Departure Report, by telephone, to OLE, Juneau, AK, at 800-304-4846 or 907-586-7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
(B) Completion of fishing. A vessel operator must submit an IFQ Departure Report after completion of all fishing and prior to departing the waters of the EEZ adjacent to the jurisdictional waters of the State of Alaska, the territorial sea of the State of Alaska, or the internal waters of the State of Alaska when IFQ halibut, CDQ halibut, or IFQ sablefish are on board.
(C) IFQ Registered Buyer permit. A vessel operator submitting an IFQ Departure Report must have an IFQ Registered Buyer permit.
(D) First landing of any species. A vessel operator submitting an IFQ Departure Report must submit IFQ Landing Reports for all IFQ halibut, CDQ halibut, and IFQ sablefish on board at the same time and place as the first landing of any IFQ species.
(E) IFQ permits on board. A vessel operator submitting an IFQ Departure Report must ensure that one or more IFQ cardholders are on board with enough remaining IFQ balance to harvest amounts of IFQ halibut, CDQ halibut or IFQ sablefish equal to or greater than all IFQ halibut, CDQ halibut and IFQ sablefish on board.
(ii) Required information. When submitting an IFQ Departure Report, the vessel operator must provide the following information:
(A) Intended date, time (A.l.t.), and location of landing;
(B) Vessel name and ADF&G registration number;
(C) Vessel operator's name and IFQ Registered Buyer permit number;
(D) Halibut IFQ Permit numbers and sablefish IFQ Permit numbers of IFQ cardholders on board;
(E) Halibut Regulatory Areas or Sablefish Regulatory Areas of harvest or both;
(F) Estimated total weight of IFQ halibut or CDQ halibut on board (lb/kg/mt);
(G) Estimated total weight of IFQ sablefish on board (lb/kg/mt).
(5) Landing verification, inspection and record retention--(i) Verification and inspection. Each IFQ landing and all fish retained on board the vessel making an IFQ landing are subject to verification and inspection by authorized officers.
(ii) Record retention. The IFQ cardholder must retain a legible copy of all Landing Report receipts and the Registered Buyer must retain a copy of all reports and receipts required by this section and make them available for inspection by an authorized officer:
(A) Until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded are retained; and
(B) Upon request of an authorized officer for 3 years after the end of the fishing year during which the records were made.
(6) Sampling--(i) Each IFQ halibut landing and all fish retained on board a vessel making an IFQ landing are subject to sampling by NMFS- authorized observers.
(ii) Each IFQ halibut landing is subject to sampling for biological information by persons authorized by the IPHC. * * * * *
-
In Sec. 679.7, paragraphs (f)(6) and (f)(12) are revised to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(f) * * *
(6) Landing--(i) IFQ or CDQ card. Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing without an IFQ or CDQ card in the name of the individual making the landing.
(ii) Hired master. Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing without an IFQ or CDQ card listing the name of the hired master and the name of the vessel making the landing. * * * * *
(12) Commence an IFQ landing without a Prior Notice of Landing (PNOL), before the date and time stated on the PNOL, or more than 2 hours after the date and time stated on the PNOL, except as provided in Sec. 679.5(l)(1). * * * * *
-
In Sec. 679.32, paragraph (f)(2)(iv) is revised to read as follows:
[[Page 3505]]
Sec. 679.32 Groundfish and halibut CDQ catch monitoring.
* * * * *
(f) * * *
(2) * * *
(iv) Landings. A person may land halibut CDQ only if he or she has a valid CDQ card, and that person may deliver halibut CDQ only to a person with a valid Registered Buyer permit. The person holding the halibut CDQ card and the Registered Buyer must comply with the requirements of Sec. 679.5(g) and (l). * * * * *
-
In Sec. 679.42, paragraphs (a), (c)(1)(ii), (c)(1)(iv), and (c)(2)(i) are revised to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
(a) IFQ regulatory area and vessel category. (1) The QS or IFQ specified for one IFQ regulatory area must not be used in a different IFQ regulatory area.
(2) Except as provided in Sec. 679.41(i)(1) of this part, the IFQ assigned to one vessel category must not be used to harvest IFQ species on a vessel of a different vessel category.
(3) Notwithstanding Sec. 679.40(a)(5)(ii), IFQ assigned to vessel Category B must not be used on any vessel less than or equal to 60 ft (18.3 m) LOA to harvest IFQ halibut in IFQ regulatory area 2C or IFQ sablefish in the IFQ regulatory area east of 140[deg] W. long. unless such IFQ derives from blocked QS units that result in IFQ of less than 5,000 lb (2.268 mt), based on the 1996 TAC for fixed gear specified for the IFQ halibut fishery and the IFQ sablefish fishery in each of these two regulatory areas. * * * * *
(c) * * *
(1) * * *
(ii) Be aboard the vessel at all times during the fishing trip and present during the landing. * * * * *
(iv) Sign the IFQ Landing Report required by Sec. 679.5(l)(2)(iii)(M) or Sec. 679.5(l)(2)(iv)(C).
(2) * * *
(i) Except as provided in Sec. 679.5(l)(2)(iii)(J), if offload of unprocessed IFQ halibut, CDQ halibut or IFQ sablefish from a vessel, the scale weight of the halibut or sablefish product actually measured at the time of offload, as required by Sec. 679.5(l)(2)(iii) to be included in the IFQ Landing Report. * * * * *
-
In Sec. 679.43, paragraph (c)is revised to read as follows:
Sec. 679.43 Determinations and appeals.
* * * * *
(c) Submission of appeals. Appeals must be in writing and must be mailed to the: National Marine Fisheries Service, Office of Administrative Appeals (OAA), P. O. Box 21668, Juneau, AK 99802-1668, or delivered to National Marine Fisheries Service, Attention: Appeals (OAA), 709 W. 9th Street, Room 453, Juneau, AK 99801. * * * * *
-
In part 679, Tables 14a, 14b, and 14c are revised to read as follows:
Table 14a to Part 679. Port of Landing Codes, Alaska \1\
Port name
NMFS code
ADF&G code
Adak.................................
186 ADA Akutan...............................
101 AKU Akutan Bay...........................
102 ..................... Alitak...............................
103 ALI Anchor Point.........................
104 ..................... Anchorage............................
105 ANC Angoon...............................
106 ANG Aniak................................ .......... ANI Anvik................................ .......... ANV Atka.................................
107 ATK Auke Bay.............................
108 ..................... Baranof Warm Springs.................
109 ..................... Beaver Inlet.........................
110 ..................... Bethel............................... .......... BET Captains Bay.........................
112 ..................... Chefornak............................
189 ..................... Chignik..............................
113 CHG Chinitna Bay.........................
114 ..................... Cordova..............................
115 COR Craig................................
116 CRG Dillingham...........................
117 DIL Douglas..............................
118 ..................... Dutch Harbor/Unalaska................
119 DUT Edna Bay.............................
121 ..................... Egegik...............................
122 EGE Ekuk................................. .......... EKU Elfin Cove...........................
123 ELF Emmonak.............................. .......... EMM Excursion Inlet......................
124 XIP False Pass...........................
125 FSP Fairbanks............................ .......... FBK Galena............................... .......... GAL Glacier Bay.......................... .......... GLB Glennallen........................... .......... GLN Gustavus.............................
127 GUS Haines...............................
128 HNS Halibut Cove.........................
130 ..................... Hollis...............................
131 ..................... Homer................................
132 HOM Hoonah...............................
133 HNH Hooper Bay...........................
188 ..................... Hydaburg............................. .......... HYD Hyder................................
134 HDR Ikatan Bay...........................
135 ..................... Juneau...............................
136 JNU Kake.................................
137 KAK Kaltag............................... .......... KAL Kasilof..............................
138 KAS Kenai................................
139 KEN Kenai River..........................
140 ..................... Ketchikan............................
141 KTN King Cove............................
142 KCO King Salmon..........................
143 KNG Kipnuk...............................
144 ..................... Klawock..............................
145 KLA Kodiak...............................
146 KOD Kotzebue............................. .......... KOT La Conner............................ .......... LAC Mekoryuk.............................
147 ..................... Metlakatla...........................
148 MET Moser Bay............................ .......... MOS Naknek...............................
149 NAK Nenana............................... .......... NEN Nikiski (or Nikishka)................
150 NIK Ninilchik............................
151 NIN Nome.................................
152 NOM Nunivak Island....................... .......... NUN Old Harbor...........................
153 OLD Other Alaska \1\.....................
499 UNK Pelican..............................
155 PEL Petersburg...........................
156 PBG Point Baker..........................
157 ..................... Port Alexander.......................
158 PAL Port Armstrong....................... .......... PTA Port Bailey..........................
159 PTB Port Graham..........................
160 GRM Port Lions........................... .......... LIO Port Moller.......................... .......... MOL Port Protection......................
161 ..................... Portage Bay (Petersburg).............
162 ..................... Quinhagak............................
187 ..................... Resurrection Bay.....................
163 ..................... Sand Point...........................
164 SPT Savoonga.............................
165 ..................... Seldovia.............................
166 SEL Seward...............................
167 SEW Sitka................................
168 SIT Skagway..............................
169 SKG Soldotna............................. .......... SOL St. George...........................
170 STG St. Lawrence.........................
171 ..................... St. Mary............................. .......... STM St. Paul.............................
172 STP Tee Harbor...........................
173 ..................... Tenakee Springs......................
174 TEN Thorne Bay...........................
175 ..................... Togiak...............................
176 TOG Toksook Bay..........................
177 ..................... Tununak..............................
178 ..................... Ugadaga Bay..........................
179 ..................... Ugashik.............................. .......... UGA Unalakleet........................... .......... UNA Valdez...............................
181 VAL Wasilla.............................. .......... WAS West Anchor Cove.....................
182 ..................... Whittier.............................
183 WHT Wrangell.............................
184 WRN Yakutat..............................
185 YAK
\1\ To report a landing at a location not currently assigned a location code number: use the code for ``Other'' for the state or country at which the landing occurs and notify NMFS of the actual location so that the list may be updated. For example, to report a landing for Levelock, Alaska if there is currently no code assigned, use ``499'' ``Other, AK''.
[[Page 3506]]
Table 14b to Part 679.--Port of Landing Codes: California, Oregon, Canada
Port name
NMFS code
ADF&G code
California: Eureka.............................
500 EUR Fort Bragg.........................
501 ..................... Other California...................
599 ..................... Oregon: Astoria............................
600 AST Lincoln City.......................
602 ..................... Newport............................
603 NPT Olympia............................ .......... OLY Portland........................... .......... POR Warrenton..........................
604 ..................... Other Oregon.......................
699 ..................... Canada: Port Edward........................
800 ..................... Port Hardy.........................
801 ..................... Prince Rupert......................
802 PRU Vancouver..........................
803 ..................... Other Canada.......................
899 .....................
Table 14c to Part 679.--Washington Port of Landing Codes
Port name
NMFS code
ADF&G code
Anacortes............................
700 ANA Bellevue.............................
701 ..................... Bellingham...........................
702 ..................... Blaine............................... .......... BLA Edmonds..............................
703 ..................... Everett..............................
704 ..................... Fox Island...........................
706 ..................... Ilwaco...............................
707 ..................... La Conner............................
708 LAC Mercer Island........................
709 ..................... Nagai Island.........................
710 ..................... Port Angeles.........................
711 ..................... Port Orchard.........................
712 ..................... Port Townsend........................
713 ..................... Rainier..............................
714 ..................... Seattle..............................
715 SEA Tacoma............................... .......... TAC Other Washington.....................
799 .....................
[FR Doc. 03-704 Filed 1-23-03; 8:45 am]
BILLING CODE 3510-22-P
