Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Recordkeeping and reporting requirements; revisions,

[Federal Register: February 5, 1999 (Volume 64, Number 24)]

[Proposed Rules]

[Page 5867-5914]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05fe99-32]

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration

50 CFR Part 679

Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to Recordkeeping and Reporting Requirements; Proposed Rule

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981224323-8323-01; I.D. 120198B]

RIN 0648-AL23

Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to Recordkeeping and Reporting Requirements

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

ACTION: Proposed rule; request for comments.

SUMMARY: NMFS is proposing revisions to several sections of regulations that pertain to permits, recordkeeping, and reporting requirements for groundfish fisheries of the Exclusive Economic Zone (EEZ) off Alaska. The proposed changes are necessary to clarify and simplify existing text, facilitate management of the fisheries, promote compliance with regulations, and facilitate enforcement efforts. This action is intended to further the goals and objectives of the fishery management plans (FMPs) for Groundfish of the Gulf of Alaska (GOA) and the FMP for the Groundfish Fishery of the Bering Sea and Aleutian Islands (BSAI) Area.

DATES: Comments must be received by February 22, 1999.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Administrator, Sustainable Fisheries Division, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to Federal Building, Fourth Floor, 709 West 9th Street, Juneau, AK, and marked Attn: Lori Gravel. Copies of the Regulatory Impact Review (RIR) prepared for this action may 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 the same address 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.

SUPPLEMENTARY INFORMATION:

Background

NMFS manages the groundfish fisheries in the EEZ off Alaska under authority of the FMPs. These 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. The FMPs were prepared by the North Pacific Fishery Management Council (Council) under the authority of the Magnuson-Stevens Fishery Conservation and Management Act.

With this rulemaking, NMFS proposes revisions to several sections of the implementing regulations for these FMPs that pertain to permits, recordkeeping, and reporting. The proposed changes are intended to clarify existing regulatory text, facilitate management of the fisheries, promote compliance with regulations, and facilitate enforcement efforts. Most of the proposed revisions address technical edits and clarifications to existing recordkeeping and reporting (R&R) requirements and are described under the section-by-section analysis. Those proposed revisions that are more substantial, in that they would alter current recordkeeping and reporting procedures, are highlighted in this document.

NMFS/ADF&G Integrated Species List

All retained fish, not just NMFS-managed groundfish, would be recorded in the logbooks and in the weekly production reports (WPRs) using an expanded and combined Alaska Department of Fish & Game (ADF&G)/NMFS species code list. This change would facilitate the U.S. Coast Guard's and NMFS Enforcement's compliance monitoring of maximum retainable incidental catch percentages being used on all retained catch, not just catch of federally managed species, and would facilitate agreement of a fisherman's harvest records between NMFS reports and ADF&G fish tickets that are required for species managed by the State of Alaska.

NMFS/International Pacific Halibut Commission (IPHC) Combined Logbooks

NMFS, in cooperation with the IPHC, ADF&G, the fishing industry, and the Alaska Fisheries Science Center (AFSC), Auke Bay Laboratory, would develop separate logbook formats for nontrawl catcher vessels equal to or greater than 60 ft (18.3 m) length overall and nontrawl catcher processors that are participating in both groundfish and Individual Fishing Quota (IFQ) fisheries. Operators of these vessels currently maintain two logbooks, one for NMFS and one for the IPHC, often duplicating data entries. NMFS is providing this combined logbook partially at the request of the fishing industry to decrease the burden on the fishing industry, and to improve data collection on sablefish and halibut. The revised format would allow the vessel operator to maintain just one logbook rather than two separate logbooks when fishing for both groundfish and Pacific halibut. The combined logbook also would collect additional information for NMFS scientists to augment sablefish stock assessment work.

To implement this change, Sec. 679.5(a)(1)(v) would be added to define logbook requirements for participants in IFQ fisheries. The new combined NMFS/IPHC logbook format would be introduced for use by catcher vessels and catcher/processors that participate in both the groundfish fisheries of the GOA or BSAI, and sablefish or halibut IFQ fisheries during the same fishing year.

To accommodate this rulemaking and printing and distribution schedules, the Administrator, Alaska Region, NMFS (Regional Administrator) would revise sections 679.5(c)(3) and would issue standard groundfish logbooks to all catcher vessels and catcher/ processors, including those that will participate in 1999 sablefish or halibut IFQ fisheries. Prior to the start of the 1999 IFQ fishery, the Regional Administrator would send a combined groundfish/IFQ logbook to all catcher vessels over 60 ft (18.3 m) LOA that reported groundfish and IFQ harvest in 1998 and to all catcher/processors that reported groundfish and IFQ harvest in 1998. The operator of a vessel that plans to participate in 1999 IFQ fisheries would use the standard groundfish logbook until the combined groundfish/IFQ logbook was received. Once the combined groundfish/IFQ logbook is received, the operator would be required to use the combined logbook for the remainder of the fishing year.

DCPL Zeroed-out Cumulative Totals

Section 679.5(a)(9)(ii)(B) and (a)(9)(iii) would be revised to require that in addition to the beginning of each weekly reporting period, the cumulative totals be ``zeroed out'' in the catcher/ processor and mothership daily cumulative production logbooks (DCPL) after offload or transfer of all fish or fish product onboard if such offload occurs prior to the end of a weekly reporting period.

End of Year WPR

Section 679.5(i)(2) would be redesignated as section 679.5(i)(2)(i) and a new section 679.5(i)(2)(ii) would be added to require the submittal of a year-end WPR by December 31 regardless of where that date falls in the weekly

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reporting period. This change is designed to provide a clear distinction in the data base between the old fishing year and the new fishing year.

Mothership Check-in/Check-out Report

Sections 679.5(h)(2)(ii)(B)(1) and (h)(3)(i)(A)(3) would be revised to require motherships to record the reporting areas where groundfish were harvested to replace the current requirement to record the reporting area where the mothership begins to receive groundfish.

Weekly Cumulative Mothership ADF&G Fish Ticket Distribution

Section 679.5(m)(3)(ii)(A) through (C) would be added to present additional information on distribution of the mothership weekly cumulative multi-copy ADF&G fish ticket.

Removal of Sunset Date From Pacific Cod Reserve Release and Removal of In-text Table

Section 679.20(b)(1)(v) would be revised by removing the date from the paragraph title and extending it indefinitely. This provision was originally added in January 1994 to implement Amendment 24 to the BSAI FMP. Amendment 24 contained a sunset date of December 31, 1996, and was replaced by Amendment 46 in 1996, which permanently extended the management measures established by Amendment 24. Through an oversight caused by the recent consolidation of the groundfish fishery regulations, section 679.5(b)(1)(v) was not included in either the proposed or final rulemaking for Amendment 46. In order to correct this oversight and implement the Council's intent when it adopted Amendment 46, the sunset date would be removed from section 679.5 (b)(1)(v). Additionally, the in-text table at section 679(g)(3) would be removed. The information within the in-text table is found at Table 3.

Community Development Quota (CDQ) Fisheries and Buying Stations

Section 679.5(n) would be revised to incorporate the changes made under the multi-species CDQ program and to reformat regulatory text to be more uniform with the rest of this section. Sections 679.5(n)(1)(i); 679.30(a)(5)(i)(B); and 679.32(c), (c)(3), (d)(1), (e)(3), and (e)(5) would be revised by removing reference to a buying station, because a buying station is not required to submit CDQ delivery reports or CDQ catch reports.

Section-by-Section Analysis

NMFS proposes to alter the format of the regulatory text in several places to provide a more logical flow of information, to clarify text, and to add paragraph titles and cross references where needed.

Definitions (Sec. 679.2)

Added Definitions

The following additions to the definitions in Sec. 679.2 are proposed:

ADF&G fish ticket number. The term ``ADF&G fish ticket number'' would be added because this term is used extensively in Sec. 679.5.

CDQ Delivery number. The term ``CDQ Delivery number'' would be added to mean a sequential number assigned by the catcher vessel operator during a calendar year, that uniquely identifies each CDQ delivery. The sequence of CDQ delivery numbers begins with the first fishing activity during a year under a multispecies CDQ, and the number would be incrementally adjusted with each delivery of fish during that year.

Fish product. The term ``fish product'' would be added as a cross reference to ``groundfish product.''

Haul. The term ``haul'' would be added as a cross reference to gear retrieval.

Non-chinook salmon. The term ``non-chinook salmon'' would be added to mean coho salmon, pink salmon, sockeye salmon, or chum salmon.

Other gear. The term ``other gear'' would be added to mean any gear other than ``authorized fishing gear.'' Revised Definitions

The following revisions to the definitions in Sec. 679.2 are proposed:

Authorized fishing gear. The term ``authorized fishing gear'' would be amended by renumbering the terms of this definition; revising the introductory paragraph; revising the definition of longline to include free-floating line with hooks attached and to include handline; adding definitions for troll, handline, and pot; and revising the definition of longline to include anchored and unanchored gear types. These proposed revisions are intended to standardize the use of gear terms throughout the regulations at 50 CFR part 679.

Buying station. The term ``buying station'' would be revised by adding the words ``land-based'' before the word ``person.''

CDQ number. The term ``CDQ number'' would be revised to include an additional requirement to record this information in logbooks.

Chinook Salmon Savings Area of the BSAI. The term ``Chinook Salmon Savings Area of the BSAI'' would be revised by updating the cross reference and by adding a cross reference to Figure 8 to this part.

Chum Salmon Savings Area of the BSAI CVOA. The term ``Chum Salmon Savings Area of the BSAI CVOA'' would be revised by updating the cross reference and by adding a cross reference to Figure 9 to this part.

Forage fish. The term ``forage fish'' would be revised by adding a cross reference to Table 2 to this part.

Gear deployment. The term ``gear deployment'' would be revised to conform with the revised definition of ``authorized fishing gear,'' specifically to change the terms ``jig/troll, hook-and-line, or longline gear'' to read ``longline gear'' and to change the term ``pot- and-line gear'' to read ``pot gear.''

Nearshore Bristol Bay Trawl Closure Area of the BSAI. The term ``Nearshore Bristol Bay Trawl Closure Area of the BSAI'' would be revised by adding a cross reference to Figure 12 to this part.

Person. The term ``person'' would be clarified by adding titles to paragraphs (1) through (3) to read: IFQ and CDQ Programs and General Usage, High Seas Salmon Fishery permits, and Vessel moratorium (Applicable through December 31, 1998.

Set. The term ``set'' would be clarified to include a test set, unsuccessful harvest, or improperly working gear hauled in empty. A cross reference to the definition of ``gear deployment'' would be added.

Steller Sea Lion Protection Areas. The term ``Steller Sea Lion Protection Areas'' would be revised to provide a cross reference to new Figure 16 to this part. Cross references to Tables 4, 5, and 6 would be removed, and several cross references to regulatory text would be changed.

Stem. The term ``stem'' would be revised by adding a cross reference to Figure 6.

Stern. The term ``stern'' would be revised by adding a cross reference to Figure 6.

Tender vessel. The term ``tender vessel'' would be corrected by removing the words ``or buying station'' from the end of the sentence. A tender vessel is a buying station, and buying stations do not deliver to other buying stations; they deliver only to motherships and shoreside processors. A cross reference is added to the definition of buying station, since a tender vessel is defined as a buying station.

U.S. citizen. The term ``U.S. citizen'' would be revised by adding a new paragraph (1) General Usage and by

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redesignating existing paragraphs (1) and (2) to read as paragraphs (2)(a) and (2)(b), and by adding a title to new paragraph (2) IFQ program, as this definition applies only to the IFQ Program.

Permits (Sec. 679.4).

Paragraph (b)(2) would be revised to clarify that a Federal fisheries permit must be obtained by a catcher vessel owner or operator participating in a non-groundfish fishery when retention of incidentally caught groundfish is required by regulations.

If a permit is surrendered, current regulations require the permit to be submitted to the NMFS Enforcement Office. Paragraph (b)(4)(ii) would be revised such that a permit would be submitted to the Assistant Administrator of the NMFS Restricted Access Management (RAM) Program when surrendered.

Paragraph (b)(5)(iv)(D) would be revised to require that a mothership or catcher/processor operating in the GOA must indicate on the permit application whether it will be participating in the inshore or offshore component.

Paragraphs (b)(5)(v) and (f)(2)(vi) would be revised to allow an agent of a vessel owner or shoreside processor owner to sign the permit application for the owner.

Cross references to the halibut/sablefish CDQ permits and CDQ cards in paragraph (e) would be revised to read Sec. 679.32(f)(3) and (4).

Recordingkeeping and Reporting (Sec. 679.5)

Paragraph (a)(1)(vi) would be added to provide instructions on which logbook to use when participating in a CDQ fishery.

Paragraph (a)(3)(iii) would be revised by removing the requirement to sign the logbook within a certain time limit and adding that requirement within paragraphs (c)(2)(i)(C), (c)(2)(ii)(D), (d)(2)(iv), (e)(2)(v), and (f)(2)(v).

Paragraphs (a)(4)(ii) and (iii) would be added to clarify the recordkeeping and reporting requirements for reinstatement of a surrendered Federal fisheries permit or a Federal processor permit within the same fishing year. The operator or manager would be required to ensure that maintenance of all recordkeeping and reporting requirements is continuous throughout that year, without interruption of records.

Paragraph (a)(6)(iii)(B)(1) would be revised to clarify the requirements for recording date information in the new combined NMFS/ IPHC catcher vessel daily fishing logbook (DFL).

Paragraph (a)(6)(iii)(B)(2) would be redesignated as paragraph (a)(6)(iii)(B)(3) and a new paragraph (a)(6)(iii)(B)(2) would be added to clarify the requirements for recording date information in the groundfish catcher vessel DFL.

Paragraphs (a)(7)(ii)(B), (a)(7)(iii)(A), (a)(7)(v)(A)(2)(i), (a)(7)(v)(A)(3)(i), (a)(7)(v)(B)(2)(i), and (a)(7)(v)(E)(5) would be revised by replacing the words ``logbook page'' with ``logsheet.''

The introductory text to paragraph (a)(7)(v)(A) and paragraphs (a)(7)(v)(A)(4) and (a)(7)(v)(A)(5) would be removed. Paragraphs (a)(7)(v)(A)(1) through (a)(7)(v)(A)(3) would be revised to reorganize paragraph (a)(7)(v)(A), to include gear type requirements for a buying station, and to remove the gear type ``PTR TRANSFER'' from recordkeeping and reporting.

Paragraph (a)(7)(v)(B) would be revised to clarify the requirements for recording reporting area on logbooks and forms.

Paragraph (a)(7)(v)(C) would be redesignated as (a)(7)(v)(C)(1) and revised to clarify the requirements for recording numbers of observers on logbooks. In addition to recording the number of observers, paragraph (a)(7)(v)(C)(2) would add a requirement to record the name of the observer and the observer cruise number in the new combined groundfish/IFQ logbook.

Paragraph (a)(7)(v)(D) would be revised to clarify the requirements for recording the number of crew on logbooks and forms.

Paragraph (a)(7)(v)(E) would be revised to clarify the requirements for recording CDQ program information on logbooks and forms in response to the new multi-species CDQ program and to add a new requirement to record CDQ delivery number on logbooks and forms.

Paragraph (a)(7)(v)(F) would be added to clarify requirements for recording the experimental fisheries number in the CDQ number block on logbooks and forms.

Paragraph (a)(14)(i)(B) would be revised to add the option of submitting a data file to NMFS by e-mail.

Paragraph (a)(14)(iii)(A), (a)(14)(iii)(B), and (a)(14)(iv)(B)(1) would be revised to add the logsheet distribution of the new combined groundfish/IFQ logbooks, to instruct on submittal of the yellow logsheets from both groundfish and groundfish/IFQ logbooks to NMFS in 1999 so that each fishing day of the year is accounted for without duplication.

Paragraph (a)(14)(iv)(E) would be added to provide instructions on the submittal of the green copy of the combined groundfish/IFQ logbooks.

Introductory paragraph (c)(2)(i) would be redesignated as (c)(2)(i)(A), paragraphs (c)(2)(i)(A) through (C) would be redesignated as (c)(2)(i)(A)(1) through (3), respectively, and paragraph (c)(2)(i)(D) would be redesignated as paragraph (c)(2)(i)(B).

Paragraph (c)(3) would be revised by adding a new paragraph (c)(3)(i) on requirements of the combined groundfish/IFQ catcher vessel and catcher/processor logbooks for use by vessel operators who participate in both the IFQ and groundfish fisheries. A new paragraph (c)(3)(ii) would be added that would include requirements from former paragraphs (c)(3)(i) through (vi) on groundfish logbook requirements to be used by operators of catcher vessels and catcher/processors who participate only in the groundfish fisheries. The requirement at current paragraph (c)(3)(vii) for a catcher vessel operator to record pollock and Pacific cod would be removed; and paragraphs (c)(3)(viii) through (x) that formerly described IFQ fields would be removed.

Paragraphs (e)(1)(iii) and (f)(1)(ii)(C) would be revised to clarify that motherships and shoreside processors should not record in the DCPL those discards that occur during processing of groundfish received from another processor through a processor transfer report (PTR).

Paragraph (f)(1)(iii) would be added to require that when groundfish product is received by a shoreside processor and subsequently transferred offsite before processing, the manager of a shoreside processor must record those groundfish in both the landings and productions sections of the DCPL. This procedure would ensure that the NMFS data comparisons between landings and product will be more accurate; otherwise estimated values for product would be less than estimated values for landings.

Paragraph (h) would be amended as follows. First, paragraph (h)(1)(iii) would be added and (h)(2)(i)(C) would be revised to clarify the requirements for CDQ fishery check-in/check-out reports for each CDQ group. Second, a new paragraph (h)(2)(ii)(D) would be added and paragraph (h)(2)(i)(B)(1) would be revised to indicate that a buying station check-in/check-out report is required specifically from a vessel buying station and not a land-based buying station. Third, paragraph (h)(2)(i)(B)(2) and (h)(3)(i)(A)(3) would be revised to change the requirement for mothership check-in. With these changes, a mothership would check-in to each reporting area from which harvest is received from catcher vessels. Fourth, (h)(2)(ii)(D) would be removed because

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the requirement for land-based buying stations to submit check-in and check-out reports is unnecessary because many land-based buying stations are trucks or small shacks temporarily set up to receive groundfish from catcher vessels. The check-in/check-out reports from the associated shoreside processor are considered adequate for data collection purposes. Fifth, the heading for paragraph (h)(2)(ii)(F) would be revised. Finally, paragraph (h)(3)(i)(D)(1) would be revised to specify requirements for a vessel buying station and paragraphs (h)(3)(i)(D)(2) and (h)(3)(ii)(D) would be removed.

Paragraph (k)(2)(ii)(A) would be revised to change the words ``Table 8'' to read ``Table 5.''

Paragraph (l)(5)(vi) would be revised and the in-text table removed and placed as Table 9 to this part, to allow this table of ports to be more easily accessible.

Experimental fisheries (Sec. 679.6). Paragraph (g) would be added to include the requirement that recordkeeping and reporting requirements at Sec. 679.5(a) through (k) would also be required for participants in experimental fisheries.

Prohibited species bycatch management (Sec. 679.21). Paragraph (b)(5) would be added to include a cross reference to Sec. 679.24. Paragraph (e)(7)(vi)(A) would be revised to correct a cross reference.

Closures (Sec. 679.22). Paragraphs (a)(7), (a)(8), and (b)(2), which describe Steller Sea Lion Protection Areas of the Bering Sea Subarea and Bogoslof District, Aleutian Islands Subarea, and GOA, would be removed and combined into a new paragraph (g) to present these areas in one section. Paragraphs (a)(9) and (a)(10) would be redesignated to read (a)(7) and (a)(8), respectively; and newly redesignated paragraph (a)(8) would be revised to correct a cross reference. Paragraph (b)(2) would be added to include an existing provision that prohibits the use of gear other than nontrawl gear in the Southeast Outside District of the GOA. Finally, the heading to paragraph (h) would be revised to add the word ``closures.''

Gear limitations (Sec. 679.24). Paragraphs (b)(1)(i) and (ii) would be removed and would be redesignated as subparagraphs (7)(a) and (b) to the definition for the term ``pot'' under the term ``authorized fishing gear'' in Sec. 679.2. This proposed change is necessary in order to have all of the paragraphs describing ``pot'' gear in one place. As a result of this proposed change, paragraph (b)(1)(iii) would be redesignated as (b)(1) and paragraphs (b)(1)(iii)(A) and (B) would be redesignated as (b)(1)(i) and (ii).

Equipment and operational requirements for catch weight measurement (Sec. 679.28). Paragraph (b)(5)(i) would be revised by replacing the words ``daily cumulative production logbook'' with ``DCPL'' for consistency of regulatory text, and the last line of the sentence would be removed, because the same requirement is duplicated in the first line of the following paragraph (b)(5)(ii).

General CDQ regulations (Sec. 679.30). Paragraph (a)(1)(iv) would be revised to change the words ``Table 7'' to read ``Table 4.'' Paragraph (a)(5)(i)(B) would be corrected to remove ``buying station'' from regulatory text. Section 679.30(a)(5)(i) contains requirements for listing eligible vessels and processors within a CDQ group's fishing plan. The buying station was incorrectly included in this paragraph because it does not process fish and is not required to have a Federal processor permit.

CDQ reserves (Sec. 679.31). Paragraph (b)(3), which provides for the halibut CDQ reserves from halibut regulatory areas, would be revised by adding a cross reference to Figure 15, IPHC halibut regulatory areas.

CDQ catch monitoring (Sec. 679.32). Paragraphs (c) and (e)(4) would be revised by replacing the outdated term ``shoreside processing plant'' with ``shoreside processor.'' Paragraph (c)(1)(i) would be revised to add a cross reference to Sec. 679.5(n). Paragraph (c)(1)(ii) would be corrected to remove the words ``trawl catcher/processors or'' and ``catcher/processor or'' because catcher vessel deliveries are not made to catcher/processors as defined at Sec. 679.2.

Paragraphs (d)(1), (e)(3) through (e)(5), and (f)(3) would be revised by removing references to buying stations. As stated earlier, the buying station was incorrectly included in these paragraphs. Paragraph (f)(3) would be further revised by replacing the words ``for the duration of the CDP'' with ``for the fishing year'' because the CDQ permits are issued annually.

Paragraph (f)(7) would be revised by replacing the words ``logbooks and weekly production reports'' with the words ``DFLs, DCPLS, and WPRs'' for consistency of regulatory text.

Paragraph (f)(8) would be added to add a cross reference to Sec. 679.23, and (f)(9) would be added to add a cross reference to Sec. 679.43.

Limitations on use of QS and IFQ (Sec. 679.42). Paragraphs (c)(2)(i), (ii), (iii), and the in-text table would be removed.

Tables

Table 1, which describes product codes, would be revised. Product code 96 would be revised to read: ``Flea-infested fish, parasite- infested fish, decomposed, or previously discarded fish.'' Also, a new discard code 93 ``Whole fish/damaged'' would be added to read: ``Whole fish discarded due to damage caused by observer's sampling procedures.''

Table 2, which describes species codes, would be revised to incorporate the ADF&G species codes with the NMFS species codes. As a result of this integration, the species code for Pacific sand fish would be changed from 210 to 206, and code 210 would read ``eels or eel-like fish.''

Table 3, which describes product recovery rates, would be revised to remove two incorrect values for octopus and squid under product code 37. New values will be added when available.

Tables 4, 5, and 6, which describe Steller Sea Lion protection areas in the BSAI and GOA, would be removed and combined into a new table of coordinates for new Figure 16 to this part.

Tables 7 through 11 would be redesignated as Tables 4 through 8.

Table 9 would be added to present the list of primary IFQ ports formerly found at Sec. 679.5(l)(3)(viii).

Table 10 would be added to present the IFQ/CDQ gear codes and descriptions needed for electronic submittal of IFQ reports.

Figures

Figures 1 through 5 and 7 through 13 would be reissued with an improved format. The title of Figure 9 would be corrected.

A new Figure 16 would be added to present the Steller Sea Lion Protection Areas in the EEZ off Alaska and the combined coordinates from existing Tables 4, 5, and 6. Regulations would be revised by removing paragraphs Sec. 679.22(a)(7), (a)(8), and (b)(2) and by adding a new paragraph (g). This change is intended to consolidate Steller Sea Lion information within one location. The action proposed in 63 FR 60288 (November 11, 1998) would be incorporated into Figure 16 to extend the seaward 20-nm no-trawl zone around the Seguam Island and Agligadak Island rookeries in the Eastern District of the Aleutian Islands into a year-round closure. Changes that are proposed for Figure 16 to this part are affected by other emergency interim rulemaking (64 FR 3437, January 22, 1999) and may be revised by NMFS prior to the final rule for recordkeeping and reporting.

Finally, new Figures 17 and 18 would be added presenting the BSAI C. opilio and C. bairdi tanner crab and the BSAI king crab endorsement areas,

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respectively. This change is necessary to implement requirements of the upcoming License Limitation Program.

Classification

This proposed rule contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). OMB approval for the majority of information collected under 50 CFR 679.5 has been obtained under OMB control numbers 0648-0206, -0213, -0269, and -0272. Proposed additions and revisions to the collection under 0648-0213 with this rulemaking have been submitted to OMB for review and approval.

Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB Control Number.

Approved under 0648-0206--Alaska Permits: No new forms are proposed with this rulemaking. The regulatory text at 679.4(b)(5)(iv)(D) would be revised to require that all motherships and catcher/processors indicate whether they are participating in the inshore or offshore component, regardless of target fishery; originally inshore/offshore indication was required only if the vessel operator planned to target pollock and Pacific cod. This change does not require revision of the forms.

Two questions are removed from the Federal fisheries permit application form that determine the size of logbook to be sent to a catcher vessel; in 1999 only one size logbook is available for catcher vessels.

Approved under 0648-0213--Alaska Region Logbook Family of Forms. A summary of logbook and form requirements approved under 0648-0213 is presented in two categories: (1) Those that have changes in requirements that may or may not result in new response times and (2) those that have no changes in requirements with existing response times.

Requirements With Changes

Buying Station Check-in/Check-out Report (0.08 hr or 5 minutes per response; no change in response time, change is in number of respondents from 100 to 217); Shoreside Processor Check-in/Check-out Report (0.13 hr or 8 minutes per response; no change in response time, change is in number of respondents from 176 to 142); Product transfer report (0.18 hr or 11 minutes per response; no change in response time, change is in number of respondents from 170 to 310); Catcher vessel daily fishing logbook (change is in format; instead of one logbook format (0.30 hr or 18 minutes per response), now there are two--one for groundfish (0.28 hr or 17 minutes per response) and one for groundfish/ IFQ (0.47 hr or 28 minutes per response); Catcher/processor daily cumulative production logbook (change is in format; instead of one logbook format (0.50 hr or 30 minutes per response), now there are two--one for groundfish (0.52 hr or 31 minutes per response) and one for groundfish/IFQ (0.68 hr or 41 minutes per response); Shoreside processor DCPL (change in response time from 0.40 hr or 24 minutes per response to 0.52 hr or 31 minutes per response and in number of respondents, from 176 to 142); and Buying Station Daily Cumulative Logbook (no change in response time 0.38 hr or 23 minutes per response; change is in number of respondents from 100 to 217).

Requirements Without Changes

Weekly Production Report (0.28 hr or 17 minutes per response); Daily Production Report (0.18 hr or 11 minutes per response); Mothership or Catcher/processor Check-in/Check-out Report (0.12 hr or 7 minutes per response); U.S. Vessel Activity Report (0.23 hr or 14 minutes per response); Weekly Cumulative Mothership ADF&G Fish Tickets (0.58 hr or 35 minutes per response); and Mothership DCPL (0.52 hr or 31 minutes per response).

Approved under 0648-0269--Multispecies CDQ program. No new forms or revisions to forms are proposed with this rulemaking.

Approved under 0648-0272--IFQs for Pacific halibut and sablefish. No new forms are proposed with this rulemaking. The IFQ registered buyer's permit (not considered a form) would be revised to remove recordkeeping and reporting requirements from the back of the permit, since these requirements would be added to the regulations. Two proposed combined groundfish/IFQ logbooks under 0648-0213 would require recording of IFQ information in those logbooks by the catcher vessel operator or the catcher/processor operator participating in both groundfish and IFQ fisheries.

The estimated response times shown include the time to review instructions, search existing data sources, gather and maintain the data needed, and complete and review the collection of information.

Public comment is sought regarding whether this proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information has 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 the use of automated collection techniques or other forms of information technology.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to NMFS and to OIRA, OMB (see ADDRESSES).

This proposed rule has been determined to be not significant for purposes of E.O. 12866.

The Assistant General Counsel of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities as follows.

Recordkeeping and reporting requirements apply to almost all of the vessels currently participating in Alaska groundfish fisheries. This is a ``substantial number'' of small entities, as NMFS has interpreted this term to mean 20 percent of the total universe of small entities affected by the regulation. However, the proposed action would not impose any additional compliance costs on small entities. This conclusion is demonstrated in several ways. First, the large majority of proposed changes are minor technical changes designed to clarify and simplify existing regulatory text by providing a more logical flow of information. Second, this proposed rule makes no changes to the general recordkeeping and reporting logbooks and forms used in the 1998 groundfish fisheries that would increase reporting requirements for small entities. The only changes proposed for the general logbooks and forms for the 1999 fishing year are removals of fields that have been determined to be unnecessary collections of information. Third, the new combined groundfish/IFQ logbooks are designed to reduce compliance costs by eliminating the duplication of some recordkeeping data, thereby reducing the burden on IFQ fishermen, many of whom are considered small entities under the Regulatory Flexibility Act. Fishermen that participate in both the groundfish and IFQ fisheries are currently required to maintain two logbooks, one for NMFS and one for the IPHC. The combined groundfish/IFQ logbook is being proposed partially at the request of the fishing industry to reduce the current reporting burden and allow the operator to maintain one logbook. Fourth, the integrated species code list would not increase compliance costs for small entities in that fishermen currently keep track of all the fish harvested regardless of whether it is managed by the State of Alaska or NMFS, and the proposed change would allow fishermen to record all of this data in one logbook. NMFS had prohibited the entry of State of Alaska

[[Page 5873]]

species codes into Federal groundfish logbooks because the NMFS data entry computer system was not programmed to recognize species codes other than Federal species codes. The data entry system has been updated to recognize State species codes.

Based on the above description, NMFS has determined that this action would not have a ``significant impact'' as NMFS has interpreted that term to mean: (1) More than a 5-percent decrease in annual gross revenues; (2) annual compliance costs (e.g., annualized capital, operating, reporting) that increase total costs of production by more than 5 percent; (3) compliance costs as a percent of sales that are 10 or more percent higher for small entities than compliance costs for large entities; (4) capital costs of compliance that represent a significant portion of capital available to small entities, considering internal cash flow and external financing capabilities; or (5) the regulation is likely to result in 2 or more percent of the small entities affected being forced to cease business operations. Therefore, a regulatory flexibility analysis was not prepared.

The President has directed Federal agencies to use plain language when communicating with the public, through regulation or otherwise. Therefore, NMFS seeks public comment on any ambiguity or unnecessary complexity arising from the language used in this proposed rule.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and reporting requirements.

Dated: January 25, 1999. Rolland A. Schmitten, Assistant Administrator for Fisheries, 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

1. The authority citation for 50 CFR part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

2. In 50 CFR part 679, change the words ``of this part'' following a figure number or table number to read ``to this part'', as follows: in the definitions, ``Aleutian Islands Subarea (AI),'' ``Bering Sea and Aleutian Islands Management Area (BSAI),'' ``Bering Sea Subarea,'' ``Bogoslof District,'' ``Bycatch limitation zone 1 (Zone 1),'' ``Bycatch limitation zone 2 (Zone 2),'' ``Catcher Vessel Operational Area (CVOA),'' ``Central Aleutian District,'' ``Eastern Aleutian District,'' ``Gulf of Alaska (GOA),'' ``Length overall (LOA),'' ``PRR,'' ``Regulatory area,'' ``Round-weight equivalent,'' ``Southeast Outside District,'' ``Statistical area,'' ``Steller Sea Lion Protection Areas,'' ``Trawl test areas,'' ``U.S.-Russian boundary,'' ``West Yakutat District,'' ``Western Aleutian District,'' and at paragraphs 679.20(h)(1), (h)(2), (h)(2)(i), and (h)(2)(ii); paragraphs 679.22(a)(7)(i), (a)(7)(ii), (a)(8)(i), (a)(8)(ii), (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii); and paragraph 679.24(d)(4).

3. In Sec. 679.2, the definitions for ``ADF&G fish ticket number,'' ``CDQ delivery number,'' ``Fish product,'' ``Haul,'' ``Non-chinook salmon,'' and ``other gear'' are added in alphabetical order; the definitions for ``Authorized fishing,'' ``Buying station,'' ``CDQ number,'' ``Chinook Salmon Savings Area of BSAI,'' ``Chum Salmon Savings Area of the BSAI CVOA,'' Gear deployment,'' ``Nearshore Bristol Bay trawl closure area of the BSAI,'' ``Set,'' ``Steller Sea Lion Protection Areas,'' ``Stem,'' ``Stern,'' ``Tender vessel,'' and ``U.S. citizen'' are revised; the definition of ``Person'' is amended by revising paragraph (1) and by adding headings to paragraphs (2) and (3) and the definition for ``Forage fish'' is amended by inserting the phrase ``(see also Table 2 of this part)'' to read as follows:

Sec. 679.2 Definitions.

* * * * *

ADF&G fish ticket number means a nine-digit number of the groundfish series of fish tickets designated by one alpha letter (i.e., G), two numbers that identify the year (i.e., 98), and 6 numbers. * * * * *

Authorized fishing gear (see also paragraph 679.24 for gear limitations) means trawl gear, fixed gear, longline gear, pot gear, and nontrawl gear as follows:

(1) Fixed gear means:

(i) For sablefish harvested from any GOA reporting area, all hook- and-line gear and, for purposes of determining initial IFQ allocation, all pot gear used to make a legal landing.

(ii) For sablefish harvested from any BSAI reporting area, all hook-and-line gear and all pot gear.

(iii) For halibut harvested from any IFQ regulatory area, all fishing gear comprised of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached.

(2) Hand troll gear means one or more lines with lures or hooks attached, drawn through the water behind a moving vessel, and retrieved by hand or hand-cranked reels or gurdies and not by any electrically, hydraulically, or mechanically-powered device or attachment.

(3) Handline gear means a hand-held line, with one or more hooks attached, that may only be operated manually.

(4) Hook-and-line gear means a stationary, buoyed, and anchored line with hooks attached, or the taking of fish by means of such a device.

(5) Jig gear means a single, non-buoyed, non-anchored line with hooks attached, or the taking of fish by means of such a device.

(6) Longline gear means hook-and-line, jig, troll, and handline or the taking of fish by means of such a device.

(7) Longline pot means a stationary, buoyed, and anchored line with two or more pots attached, or the taking of fish by means of such a device.

(8) Nonpelagic trawl means a trawl other than a pelagic trawl.

(9) Nontrawl gear means pot and longline gear.

(10) Pelagic trawl gear means a trawl that:

(i) Has no discs, bobbins, or rollers;

(ii) Has no chafe protection gear attached to the footrope or fishing line;

(iii) Except for the small mesh allowed under paragraph (10)(ix) of this definition:

(A) Has no mesh tied to the fishing line, headrope, and breast lines with less than 20 inches (50.8 cm) between knots and has no stretched mesh size of less than 60 inches (152.4 cm) aft from all points on the fishing line, headrope, and breast lines and extending past the fishing circle for a distance equal to or greater than one half the vessel's LOA; or

(B) Has no parallel lines spaced closer than 64 inches (162.6 cm) from all points on the fishing line, headrope, and breast lines and extending aft to a section of mesh, with no stretched mesh size of less than 60 inches (152.4 cm) extending aft for a distance equal to or greater than one half the vessel's LOA;

(iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft of the mesh described in paragraph (10)(iii) of this definition for a distance equal to or greater than one half the vessel's LOA;

(v) Contains no configuration intended to reduce the stretched mesh sizes described in paragraphs (10) (iii) and (iv) of this definition;

(vi) Has no flotation other than floats capable of providing up to 200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder device;

(vii) Has no more than one fishing line and one footrope for a total of no more than two weighted lines on the bottom of the trawl between the wing tip and the fishing circle;

(viii) Has no metallic component except for connectors (e.g., hammerlocks or swivels) or a net-

[[Page 5874]]

sounder device aft of the fishing circle and forward of any mesh greater than 5.5 inches (14.0 cm) stretched measure;

(ix) May have small mesh within 32 ft (9.8 m) of the center of the headrope as needed for attaching instrumentation (e.g., net-sounder device); and

(x) May have weights on the wing tips.

(11) Pot gear means a portable structure designed and constructed to capture and retain fish alive in the water. This gear type includes longline pot and pot-and-line gear. Each groundfish pot must comply with the following:

(i) Biodegradable panel. Each pot used to fish for groundfish must be equipped with a biodegradable panel at least 18 inches (45.72 cm) in length that is parallel to, and within 6 inches (15.24 cm) of, the bottom of the pot, and that is sewn up with untreated cotton thread of no larger size than No. 30.

(ii) Tunnel opening. Each pot used to fish for groundfish must be equipped with rigid tunnel openings that are no wider than 9 inches (22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel openings with dimensions that are no wider than 9 inches (22.86 cm).

(12) Pot-and-line gear means a stationary, buoyed line with a single pot attached, or the taking of fish by means of such a device.

(13) Power troll gear means one or more lines, with hooks or lures attached, drawn through the water behind a moving vessel, and originating from a power gurdy or power-driven spool fastened to the vessel, the extension or retraction of which is directly to the gurdy or spool.

(14) Trawl gear means a cone or funnel-shaped net that is towed through the water by one or more vessels. For purposes of this part, this definition includes, but is not limited to, beam trawls (trawl with a fixed net opening utilizing a wood or metal beam), otter trawls (trawl with a net opening controlled by devices commonly called otter doors), and pair trawls (trawl dragged between 2 vessels) and is further described as pelagic and nonpelagic trawl.

(15) Troll gear means one or more lines with hooks or lures attached drawn through the water behind a moving vessel. This gear type includes hand troll and power troll gear. * * * * *

Buying station means a tender vessel or land-based entity that receives unprocessed groundfish from a vessel for delivery to a shoreside processor or mothership and that does not process those fish. * * * * *

CDQ delivery number means a sequential number assigned by the catcher vessel operator that uniquely identifies each CDQ delivery. The sequence of CDQ delivery numbers begins with the first fishing activity under a multispecies CDQ, and the number is incrementally adjusted by one with each delivery of fish. * * * * *

CDQ number or group number means a number assigned to a CDQ group by NMFS that must be recorded in all logbooks and all reports submitted by the CDQ group or by vessels and processors catching CDQ or PSQ under an approved CDP. * * * * *

Chinook Salmon Savings Area of the BSAI (see Sec. 679.21(e)(7)(viii) and Figure 8 to this part).

Chum Salmon Savings Area of the BSAI CVOA (see Sec. 679.21(e)(7)(vii) and Figure 9 to this part). * * * * *

Fish product (see groundfish product). * * * * *

Forage fish means all species of the following families (see also Table 2 to this part): * * *

Gear deployment means:

(1) For trawl gear: Where the trawl gear reaches the fishing level and begins to fish.

(2) For longline gear: Where the gear enters the water.

(3) For pot gear: Where the first pot enters the water. * * * * *

Haul (see gear retrieval). * * * * *

Nearshore Bristol Bay Trawl Closure Area of the BSAI (see Sec. 679.22(a)(9) and Figure 12 to this part). * * * * *

Non-chinook salmon means coho, pink, chum or sockeye salmon. * * * * *

Other gear means gear other than authorized fishing gear. * * * * *

Person means:

(1) IFQ and CDQ Programs and General Usage means any individual who is a citizen of the United States or any corporation, partnership, association, or other entity (or its successor-in-interest), regardless of whether organized or existing under the laws of any state, who is a U.S. citizen.

(2) High Seas Salmon Fishery permits * * *

(3) Vessel Moratorium (Applicable through December 31, 1998) * * * * * * * *

Set means a string of pots or hook-and-line gear or a group of pots that is deployed in the water in a similar location with similar soak time. A set begins when gear is deployed into the water and includes a test set, unsuccessful harvest, or when gear is not working and is pulled in, even if no fish are harvested. (see also ``gear deployment''). * * * * *

Steller Sea Lion Protection Areas (see Figure 16 to this part, Sec. 679.22(g) of this part, and Sec. 227.12 of this title).

Stem means the forward part of a vessel (see Figure 6 to this part)--that portion of the vessel where the sides are united at the fore end with the lower end attached to the keel and the bowsprit, if one is present, resting on the upper end.

Stern means the aft part of the vessel (see Figure 6 to this part). * * * * *

Tender vessel means a vessel that is used to transport unprocessed fish received from another vessel to a shoreside processor or mothership (see also ``buying station''). * * * * *

U.S. citizen means:

(1) General usage. Any individual who is a citizen of the United States.

(2) IFQ program. (a) Any individual who is a citizen of the United States at the time of application for QS; or

(b) Any corporation, partnership, association, or other entity that would have qualified to document a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. * * * * *

4. In Sec. 679.4, paragraphs (b)(2), (b)(4)(ii), (b)(5)(iv)(D), (b)(5)(v), (e), (f)(2)(vi), (f)(4)(ii) are revised; the heading of paragraph (h)(2) is revised to read as follows:

Sec. 679.4 Permits.

* * * * *

(b) * * *

(2) Non-groundfish. A vessel of the United States that fishes in the GOA or BSAI for any non-groundfish species, including but not limited to halibut, crab, salmon, scallops, and herring, and that is required to retain any bycatch of groundfish under this part must obtain a Federal fisheries permit under this part. * * * * *

(4) * * *

(ii) A Federal fisheries permit is surrendered when the original permit is submitted to and received by the Administrator, RAM, Juneau, AK.

(5) * * *

(iv) * * *

(D) If a mothership or catcher/processor operating in the GOA,

[[Page 5875]]

indicate whether inshore or offshore component.

(v) Signature. The owner or agent of the owner of the vessel must sign and date the application. If the owner is a company, the agent of the owner must sign and date the application. * * * * *

(e) Halibut/sablefish CDQ permits and CDQ cards. See Sec. 679.32(f)(3) and (f)(4). * * * * *

(f) * * *

(2) * * *

(vi) Signature. The owner or agent of the owner of the shoreside processor must sign and date the application. If the owner is a company, the agent of the owner must sign and date the application. * * * * *

(4) * * *

(ii) A Federal processor permit is surrendered when the original permit is submitted to and received by the Administrator, RAM, Juneau, AK. * * * * *

(h) * * *

(2) Crew members and other persons not the operator of a commercial fishing vessel using power troll gear. * * * * * * * *

5. In Sec. 679.5, paragraphs (a)(1)(i) and (ii), (a)(3)(iii), (a)(4), (a)(6)(iii)(B), (a)(7), (a)(9)(ii)(B), (a)(9)(iii), (a)(14)(i) through (iv), (c)(2), (c)(3), (e)(1)(iii), (f)(1)(ii)(C), (g)(3)(ii)(A), (g)(3)(iii)(A), (h)(2)(i)(B) and (C), (h)(2)(ii)(B) through (F), (h)(3)(i)(A)(3), (h)(3)(i)(D)(1), (h)(3)(ii)(D), (i)(2), (k)(2)(ii)(A), (l)(5)(vi), (m)(3)(ii), and (n) are revised; paragraphs (c)(4), (c)(5), and (c)(6) are removed; and paragraphs (a)(1)(v), (a)(1)(vi), (d)(2)(iv), (e)(2)(v), (f)(1)(iii), (f)(2)(v), and (h)(1)(iii) are added to read as follows:

Sec. 679.5 Recordkeeping and reporting.

(a) General requirements--(1) Applicability, Federal fisheries permit. (i) Except as provided in paragraphs (a)(1)(iii) and (iv) of this section, the following participants must comply with the recordkeeping and reporting requirements of this section:

(A) Any catcher vessel, mothership, catcher/processor, or tender vessel, 5 net tons or larger, that is required to have a Federal fisheries permit under Sec. 679.4.

(B) Any shoreside processor, mothership, or buying station that receives groundfish from vessels issued a Federal fisheries permit under Sec. 679.4.

(C) Any buying station that receives or delivers groundfish in association with a mothership issued a Federal fisheries permit under Sec. 679.4(b) or with a shoreside processor or vessel operating solely as a mothership in Alaska State waters issued a Federal processor permit under Sec. 679.4(f).

(ii) A shoreside processor, mothership, or buying station subject to recordkeeping and reporting requirements must report all groundfish and prohibited species received, including:

(A) Fish received from vessels not required to have a Federal fisheries permit.

(B) Fish received under contract for handling or processing for another processor. * * * * *

(v) IFQ sablefish or halibut fisheries. Any catcher vessel or catcher/processor that participates in an IFQ fishery in addition to the groundfish fisheries of the GOA or BSAI and that is required to maintain a logbook under this section, must use a combined groundfish/ IFQ logbook.

(vi) CDQ fisheries. (A) Any catcher vessel or catcher/processor that participates in a CDQ fishery and does not retain any halibut must use a groundfish logbook.

(B) Any catcher vessel or catcher/processor that participates in a CDQ fishery, including halibut, and that is required to maintain a logbook under this section must use a groundfish/IFQ logbook. * * * * *

(3) * * *

(iii) The signature of the owner, operator, or manager on the DFL, DCL, or DCPL is verification of acceptance of the responsibility required in paragraphs (a)(3)(i) and (ii). * * * * *

(4) Groundfish logbooks and forms. (i) The Regional Administrator will prescribe and provide groundfish logbooks and forms required under this section as shown in Table 6 to this part. The operator or manager must use these logbooks and forms or obtain approval from the Regional Administrator to use electronic versions of the logbooks and forms.

(ii) If a vessel owner or operator is granted reinstatement of a Federal fisheries permit after having surrendered it within the same fishing year, recordkeeping and reporting requirements as defined in this section must be continuous throughout that year, without interruption of records.

(iii) If a shoreside processor owner or manager is granted reinstatement of a Federal processor permit after having surrendered it within the same fishing year, recordkeeping and reporting requirements as defined in this section must be continuous throughout that year, without interruption of records. * * * * *

(6) * * *

(iii) * * *

(B) Date, presented as month-day-year.

(1) If a catcher vessel harvesting sablefish or halibut under the IFQ Program (see subpart D of this part) in addition to groundfish and recording more than one day on the DFL logsheet, the operator must enter the first day of the harvest at the top of the logsheet and the date of each day in the ``record by set'' and ``discard'' sections of the DFL.

(2) If a catcher vessel harvesting groundfish and recording more than one day on the DFL logsheet, the operator must enter the first day of the harvest at the top of the logsheet and the date of each day in the ``catch'' and ``discard/donate'' sections of the DFL.

(3) If a shoreside processor, the manager must enter the week- ending date of the weekly reporting period at the top of the logsheet and the date of each day of the week in the ``landings'' and ``discard/ donate'' sections of the DCPL. * * * * *

(7) Active and inactive periods--(i) Each day of fishing year. Account for each day of the fishing year in the DFL, DCL, or DCPL by checking the appropriate box to indicate active and inactive periods as defined under Sec. 679.2.

(ii) Separate logsheet. (A) If a mothership, catcher/processor, or buying station, use a separate logbook page for each day of an active period.

(B) If a catcher vessel or shoreside processor, use a separate logsheet for each day or use one logsheet for up to 7 days.

(iii) Inactive period. (A) Indicate in the DFL, DCL, or DCPL on one logsheet the first and last day of an inactive period.

(B) During an inactive period that extends across two or more successive quarters, the operator or manager must complete two logsheets: The one to indicate the last day of the first inactive quarter and the next page to indicate the first day of the second inactive quarter.

(iv) Fishing activity. Indicate in the DFL, DCL, or DCPL all fishing activity, which is defined for each type of vessel as follows:

(A) If a catcher vessel--harvest or discard of groundfish.

(B) If a catcher/processor--harvest, discard, or processing of groundfish.

(C) If a mothership or shoreside processor--receipt, discard, or processing of groundfish.

[[Page 5876]]

(D) If a buying station--receipt, discard, or delivery of groundfish.

(v) Active and conducting fishing activity. If in an active period and conducting fishing activity, the operator of a catcher vessel must record in the DFL, the operator or manager of a buying station must record in the DCL, and the operator or manager of a catcher/processor, mothership, or shoreside processor must record in the DCPL, WPR, DPR, and mothership or catcher/processor check-in/check-out report as follows:

(A) Gear type. (1) The gear type used to harvest the groundfish. If gear type is not an authorized fishing gear as defined at Sec. 679.2 to this part, circle OTHER.

(2) If a mothership or shoreside processor and groundfish are received from the same reporting area but were harvested with more than one gear type, or if a catcher/processor and groundfish were caught in the same reporting area using more than one gear type, the operator or manager must:

(i) Use a separate logsheet in the DCPL to record each gear type.

(ii) Submit a separate check-in/check-out report, DPR (if required), and WPR for each gear type.

(3) If a buying station and groundfish are received from the same reporting area but were harvested with more than one gear type, the operator or manager must:

(i) Use a separate logsheet in the DCL to record each gear type.

(ii) If a vessel buying station, submit a separate check-in/check- out report for each gear type. Land-based buying stations are not required to submit a check-in/check-out report. Note to paragraph (a)(7)(v)(A)(3)(ii):

(B) Reporting area. In the DFL, DCL, DCPL, WPR, DPR, mothership or catcher/processor check-in/check-out report, the reporting area code (see Figures 1 and 3 to this part) where gear retrieval, as defined at Sec. 679.2 to this part, was completed.

(1) If a haul or set occurs in more than one reporting area, record the reporting area code where gear retrieval was completed, regardless of where the majority of the haul or set took place.

(2) If a catcher vessel or catcher/processor using trawl gear, record whether catch was harvested in the COBLZ or in the RKCSA.

(i) If recording in DFL or DCPL, use two separate logsheets, the first to record the information from the reporting area that includes the COBLZ or RKCSA and the second to record the information from the reporting area that does not include the COBLZ or RKCSA.

(ii) If recording on a WPR, use two separate columns to record the part of the same reporting area that includes the COBLZ or RKCSA and the part that does not include the COBLZ or RKCSA.

(3) If a catcher/processor using trawl gear and recording on a check-in/check-out report, the operator must submit a separate check- in/check-out report to record the part of the same reporting area that includes the COBLZ or RKCSA and the part that does not include the COBLZ or RKCSA area.

(C) Observers. (1) If a mothership or shoreside processor DCPL, a catcher/processor groundfish DCPL, or a catcher vessel groundfish DFL, the number of observers aboard or on site.

(2) If a groundfish/IFQ catcher vessel DFL or groundfish/IFQ catcher/processor DCPL, the number of observers aboard, the name of observer, and the observer cruise number.

(D) Number of crew or crew size. In a DFL, DCL, DCPL (except shoreside processor), mothership or catcher/processor WPR, and buying station check-in/check-out report, the number of crew, excluding certified observer(s), on the last day of the weekly reporting period.

(E) CDQ. In a DFL, DCL, DCPL, WPR, DPR, or check-in/check-out report:

(1) If harvest is under a CDQ program, record the CDQ number.

(2) If harvest is not under a CDQ program, leave blank.

(3) If a catcher vessel delivering to a shoreside processor and using a groundfish/IFQ DFL, record the CDQ delivery number in the appropriate box. If using a groundfish DFL, record the CDQ delivery number under ``vessel name'' at the top of the logsheet.

(4) If a shoreside processor or buying station delivering to a shoreside processor, record CDQ delivery number under the catcher vessel's name in the delivery information section of the DCPL or DCL, respectively.

(5) If harvest is under more than one CDQ number, use a separate logsheet for each CDQ number.

(F) Experimental fisheries. If harvest is under an experimental fisheries program, record the experimental fisheries number (e.g., EXP 9801) in the CDQ number block.

(8) Landings information. * * *

(9) Product information. * * *

(ii) * * *

(B) Weekly production. At the end of each weekly reporting period or prior to the offload or transfer of all fish or fish product from a catcher/processor or mothership if offload or transfer occurs before the end of a weekly reporting period, enter for each species and product code the cumulative total fish product weight for each groundfish product to the nearest lb or to at least the nearest 0.001 mt, summarized separately by reporting area, gear type, COBLZ or RKCSA area if applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number. The cumulative total fish product weight is calculated by adding the daily totals and total carried forward (except for a Shoreside Processor DCPL) for that week.

(iii) Zero amount carried forward. At the beginning of each weekly reporting period or after the offload or transfer of all fish or fish product onboard if such offload occurs prior to the end of a weekly reporting period, from a catcher/processor or mothership, the amount is zero, and nothing shall be carried forward from the previous weekly reporting period. * * * * *

(14) Submittal, retention, and distribution of logbooks and forms-- (i) Submittal of forms. Forms other than logbooks and mothership fish tickets may be submitted by the operator or manager by:

(A) Using the NMFS printed form and faxing it to the fax number on the form; or

(B) Transmitting a data file with required information and forms to NMFS by modem, satellite (specifically INMARSAT standards A, B, or C), or e-mail.

(ii) Submittal of logbooks. (A) For recordkeeping and reporting in the groundfish fisheries of the EEZ off Alaska, the operator of a catcher vessel, mothership, catcher/processor, or of a buying station delivering to a mothership, or the manager of a shoreside processor or of a buying station delivering to a shoreside processor is required to use the logbooks issued per paragraph (a)(4) of this section, retain the logbooks per paragraph (a)(14)(vii) of this section, and submit the logbooks and logsheets to NMFS per paragraphs (a)(14)(iv), (v), and (vi) of this section.

(B) The operator or manager of a buying station must maintain a separate DCL for each mothership or shoreside processor to which the buying station delivers groundfish during a fishing year.

(iii) Logbook descriptions. The copy sets of each logbook are described below:

(A) Catcher vessel DFL--(1) Groundfish/IFQ. White, blue, green, and yellow copies.

(2) Groundfish. White, blue, and yellow copies.

[[Page 5877]]

(B) Catcher/processor DCPL--(1) Groundfish/IFQ. White, green, and yellow copies.

(2) Groundfish. White and yellow copies.

(C) Mothership DCPL. White and yellow copies.

(D) Shoreside processor DCPL. White and yellow copies.

(E) Buying station DCL. White, pink, and yellow copies.

(iv) Logsheet distribution and retention. The operator or manager must distribute or retain the multiple copies of each logsheet as follows:

(A) White, original logsheet. The white copy remains permanently in the logbook.

(B) Yellow logsheet--(1) DFL or DCPL. The yellow DFL or DCPL copy is submitted to NMFS per paragraphs(a)(14)(v) and (vi) of this section.

(i) Groundfish only. The yellow DFL or DCPL copy is submitted to NMFS per paragraphs(a)(14)(v) and (vi) of this section.

(ii) Catcher vessel and catcher/processor groundfish and groundfish/IFQ logbooks (Effective through December 31, 1999). Record all information in the groundfish DFL or catcher/processor DCPL received at the beginning of 1999. Upon receipt of the groundfish/IFQ DFL or catcher/processor DCPL, stop recording in the groundfish logbook. Complete the date of receipt, page number, and participant identification information (see paragraph (a)(5) of this section), then write ``transfer to groundfish/IFQ logbook'' across the logsheet. On the first page of the groundfish/IFQ logbook, enter the next consecutive page number, date of receipt, and participant identification (see paragraph (a)(5) of this section), then write ``transferred from groundfish logbook'' across the logsheet. Combine and submit the first quarter, yellow logsheets from the groundfish logbook and from the groundfish/IFQ logbook to NMFS per paragraphs (a)(14)(v) and (vi) of this section.

(2) DCL--(i) Buying station. The operator or manager of a buying station must submit upon delivery of catch the yellow DCL copy to the associated mothership or shoreside processor, along with the ADF&G fish tickets for that delivery.

(ii) Mothership or shoreside processor. The operator or manager of the associated mothership or shoreside processor receiving a delivery from a buying station must submit the yellow DCL copy to NMFS per paragraphs (a)(14)(v) and (vi) of this section after photocopying each DCL yellow copy. The manager or operator of the associated mothership or shoreside processor must retain these photocopies until the original DCL is received from the associated buying station at the conclusion of fishing or no later than February 1 of the following fishing year.

(C) Blue discard logsheet, DFL--(1) Catcher vessel. Except when delivering an unsorted codend (see paragraph (c)(6)(i) of this section), the operator of a catcher vessel must submit the blue DFL copy to the buying station, mothership, or shoreside processor that receives the groundfish harvest.

(2) Buying station. The operator or manager of a buying station must submit upon delivery of catch to an associated mothership or shoreside processor any blue DFL copies received from catcher vessels delivering groundfish to the buying station.

(3) Mothership or shoreside processor. The operator of a mothership or the manager of a shoreside processor must retain the blue DFL copies submitted by operators of catcher vessels through the last day of the fishing year during which the records were made.

(D) Pink logsheet, DCL. The operator or manager of a buying station must retain the pink DCL copies for each associated mothership or shoreside processor for 3 years after the end of the fishing year during which the records were made.

(E) Green logsheet, groundfish/IFQ DFL and catcher/processor DCPL. The green copies in the groundfish/IFQ DFL and catcher/processor DCPL are to support a separate data collection by the IPHC under the joint NMFS/IPHC logbook program. * * * * *

(c) * * *

(2) Time limit and submittal--(i) Catcher vessel DFL.

(A) The operator of a catcher vessel must record in the DFL:

(1) The time, position, and estimated total catch weight of groundfish for each haul or set within 2 hours after gear retrieval.

(2) Discard or donation information as described at paragraph (a)(10) of this section each day on the day they occur; all other information required in the DFL by noon of the day following gear retrieval.

(3) Notwithstanding other time limits, all information required in the DFL within 2 hours after the vessel's catch is offloaded.

(B) Except as provided at paragraph (c)(3)(iii)(B)(1) of this section, within 2 hours of completion of catch delivery information, the operator of a catcher vessel must submit the blue DFL copies with delivery of the harvest to the operator of a mothership or a buying station delivering to a mothership, or to the manager of a shoreside processor or buying station delivering to a shoreside processor.

(C) The operator must sign the completed DFL logsheets by noon of the day following the week-ending date of the weekly reporting period (see paragraph (a)(3)(iii) to this part).

(ii) Catcher/processor DCPL. The operator of a catcher/processor must record in the DCPL:

(A) The time, position, and estimated total catch weight of groundfish for each haul or set within 2 hours after gear retrieval.

(B) Product and discard or donation information as described at paragraphs (a)(9) and (a)(10) of this section each day on the day they occur; all other information required in the DCPL by noon of the day following completion of production.

(C) Notwithstanding other time limits, record all information required in the DCPL within 2 hours after the vessel's catch is offloaded.

(D) The operator must sign the completed DCPL logsheets by noon of the day following the week-ending date of the weekly reporting period (see paragraph (a)(3)(iii) of this part).

(3) Logbook formats--(i) Groundfish/IFQ format. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher vessel or a catcher/processor harvesting sablefish or halibut under the IFQ program (see subpart D of this part) in addition to groundfish must record the operator's name and the following information in the groundfish/IFQ DFL or DCPL, respectively:

(A) Observer information.

(1) Name of observer. (Optional, but may be required by the International Pacific Halibut Commission at 50 CFR chapter III (IPHC regulations)).

(2) Observer cruise number. (Optional, but may be required by IPHC regulations).

(B) Gear type.

(1) Check the appropriate box to indicate gear type and enter appropriate gear ID. If gear information is the same as the previous page, check the appropriate box instead of re-entering the information.

(2) If gear type is pot, enter the number of pots set.

(3) If gear type is pot, enter the number of pots lost (if applicable); (optional, but may be required by International Pacific Halibut Commission at 50 CFR chapter III (IPHC regulations)).

[[Page 5878]]

(4) If gear type is hook-and-line, check the appropriate box to indicate whether gear is fixed hook (conventional or tub), autoline, or snap. (Optional, but may be required by IPHC regulations).

(i) If gear type is fixed hook (conventional or tub), autoline, or snap, enter the length of skate to the nearest foot. (Optional, but may be required by IPHC regulations).

(ii) If gear type is fixed hook (conventional or tub), autoline, or snap, enter the size of hooks, hook spacing in feet, and number of hooks per skate. (Optional, but may be required by IPHC regulations).

(iii) If gear type is fixed hook (conventional or tub), autoline, or snap, enter the number of skates set.

(A) [Reserved]

(B) If gear type is fixed hook (conventional or tub), autoline, or snap, enter the number of skates lost (if applicable). (Optional, but may be required by IPHC regulations).

(C) IFQ permit numbers of operator and each IFQ holder aboard.

(D) CDQ information. The groundfish CDQ number, the groundfish CDQ delivery number, and the halibut CDQ permit number (see Sec. 679.5(n)).

(E) Set and haul information.

(1) The number of set or haul, sequentially by year;

(2) The date set (month-day-year), time set (to the nearest hour), and latitude and longitude (to the nearest minute) of gear deployment (begin position);

(3) Begin and end buoy or bag numbers. (Optional, but may be required by International Pacific Halibut Commission at 50 CFR chapter III (IPHC regulations)).

(4) The date hauled (month-day-year), time hauled (to the nearest hour), and latitude and longitude (to the nearest minute) of gear retrieval (end position);

(5) The begin and end gear depths, recorded to the nearest fathom; (optional, but may be required by IPHC regulations).

(6) Species code for target species;

(7) Estimated catch weight of IFQ halibut to the nearest pound. (Optional, but may be required by IPHC regulations).

(8) Estimated round weight of IFQ sablefish to the nearest pound.

(9) Check appropriate box to indicate whether sablefish is recorded in weight or in numbers. If weight is recorded, circle appropriate term to indicate whether IFQ sablefish product is recorded as Western cut or Eastern cut. (Optional, but may be required by IPHC regulations).

(10) If a catcher vessel, enter the estimated total round catch weight of all species, except sablefish or halibut, to the nearest pound.

(11) If a catcher/processor, enter:

(i) The round catch weight of pollock and Pacific cod to the nearest pound or metric ton.

(ii) Estimated total round catch weight of all species, except sablefish, halibut, Pacific cod, or pollock, to the nearest pound.

(iii) When fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing in that reporting area as described in Sec. 679.20, the operator must record up to and including the maximum retainable bycatch amount for Pacific cod or rockfish as defined in Table 7 or 8 to this part; quantities over this amount must be recorded in the discard or donation section.

(ii) Groundfish format. In addition to requirements described in paragraphs (a) and (b) of this section, the operator of a catcher vessel or a catcher/processor harvesting groundfish must record average number of hooks, if using longline gear, and the following information for each haul or set in the groundfish DFL or DCPL, respectively:

(A) The number of set or haul, sequentially by year;

(B) If the vessel is using hook-and-line gear, the number of skates set. If the vessel is using longline pot or single pot gear, the total number of pots set;

(C) The date (month-day-year), begin time (to the nearest hour) and position coordinates (to the nearest minute) of gear deployment;

(D) The date (month-day-year), end time (to the nearest hour), and position coordinates (to the nearest minute) of gear retrieval;

(E) The average sea depth and average gear depth, recorded to the nearest meter or fathom;

(F) If a catcher/processor, the total round catch weight of pollock and Pacific cod, to the nearest pound or metric ton.

(G) If a catcher vessel, the estimated total round catch weight of all species, to the nearest pound or metric ton.

(H) If a catcher/processor, the estimated total round catch weight of all species except Pacific cod and pollock, to the nearest pound or metric ton.

(iii) Discard or donation species information.

(A) Catcher/processor. The operator of a catcher/processor must record discard or donation information as described in paragraph (a)(10) of this section.

(B) Catcher vessel. In addition to the requirements in paragraph (a)(10) of this section, the operator of a catcher vessel must record in the DFL:

(1) Unsorted codends. If a catcher vessel is using trawl gear and deliveries to a mothership or shoreside processor are unsorted codends, the catcher vessel is exempt from recording discards in the DFL and from submittal of the blue DFL copy (discards copy) for that delivery (see paragraph (a)(14)(iv)(C) of this section). The operator must check the box entitled ``unsorted codend'' and must remove and discard the blue DFL copy.

(2) Presorted delivery. Except as provided at Sec. 679.27(d), if a catcher vessel is using trawl gear and deliveries to a mothership or shoreside processor are presorted at sea or if the catcher vessel has ``bled'' a codend prior to delivery to a mothership, shoreside processor, or buying station, the operator must check the ``presorted delivery'' box, and enter the estimated amount of discards by species in the DFL.

(iv) Catcher vessel delivery information. If a catcher vessel, the operator must record in the DFL:

(A) The landing or delivery date (month-day-year).

(B) The ADF&G fish ticket number(s) provided by the operator of the mothership or buying station delivering to a mothership, or the manager of a shoreside processor or buying station delivering to a shoreside processor.

(C) Recipient's name or IFQ registered buyer receiving delivery.

(D) Name of unloading port. If an IFQ landing, see Sec. 679.5(l)(5)(vi) of this part and Table 9 to this part for names of primary ports.

(v) Catcher/processor product information. If a catcher/processor, the operator must record product information in the DCPL as set forth in paragraph (a)(9) of this section.

(v) (Optional) Comments.

(d) * * *

(2) * * *

(iv) The operator or manager must sign the completed DCL logsheets by noon of the day following the week-ending date of the weekly reporting period (see Sec. 679.5(a)(3)(iii) to this part).

(e) * * *

(1) * * *

(iii) Occurs during processing of groundfish received from a catcher vessel or buying station.

(2) * * *

(v) The operator must sign the completed DCPL logsheets by noon of the day following the week-ending date of the weekly reporting period (see Sec. 679.5(a)(3)(iii) of this part).

(f) * * *

(1) * * *

(ii) * * *

(C) Occurs during processing of groundfish received from a catcher vessel or buying station.

[[Page 5879]]

(iii) If the manager of a shoreside processor receives groundfish and records them as landings in Part IB of the DCPL, and transfers these fish to another processor, the manager must also record these fish in Part II of the DCPL prior to transfer.

(2) * * *

(v) The manager must sign the completed DCPL logsheets by noon of the day following the week-ending date of the weekly reporting period (see Sec. 679.5(a)(3)(iii) of this part).

(g) * * *

(3) * * *

(ii) * * *

(A) Name. (1) If another vessel is involved with the transfer, the name and call sign of the vessel receiving or delivering groundfish or groundfish products.

(2) If transfer is from other than a vessel, record name of processor receiving or delivering groundfish or groundfish products. * * * * *

(iii) * * *

(A) If a catcher/processor or mothership, the harvest zone code of the area in which groundfish were harvested as defined in Table 5 to this part. * * * * *

(h) * * *

(1) * * *

(iii) Fishing for groundfish CDQ species. The operator of a catcher/processor, mothership, or vessel buying station or the manager of a shoreside processor must submit a separate check-in report (BEGIN message) and a separate check-out report (CEASE message) for each CDQ group.

(2) * * *

(i) * * *

(B) Mothership, shoreside processor, or vessel buying station. (1) Before a mothership, shoreside processor, or vessel buying station commences receipt of groundfish from any reporting area except 300, 400, 550, or 690, the operator or manager must submit by fax a check-in report (BEGIN message) to the Regional Administrator.

(2) If a mothership, the operator must check-in to the reporting area(s) where groundfish were harvested. A mothership may be checked into more than one area simultaneously.

(C) Fishing for groundfish CDQ species. The operator of a catcher/ processor, mothership, or vessel buying station or the manager of a shoreside processor must submit by fax a check-in report to the Regional Administrator prior to fishing for any CDQ species.

(ii) * * *

(B) Mothership. (1) If a mothership completes receipt of groundfish from a reporting area, the operator must submit by fax a check-out report to the Regional Administrator within 24 hours after production of fish from that reporting area is complete.

(C) Shoreside processor. If a shoreside processor, the manager:

(1) Must submit a check-out report by fax to the Regional Administrator within 48 hours after the end of the applicable weekly reporting period that a shoreside processor ceases to process groundfish for the fishing year.

(2) May submit a check-out report by fax to the Regional Administrator when receipt or processing of groundfish is temporarily halted during the fishing year for a period of at least two weekly reporting periods.

(D) Vessel Buying station. If a buying station completes receipt of groundfish in a reporting area, the operator must submit by fax a check-out report to the Regional Administrator within 24 hrs after departing a reporting area.

(E) End of fishing year. If a check-out report has not previously been submitted during a fishing year, the operator or manager must submit a check-out report at the end of that fishing year, December 31.

(F) Fishing for groundfish CDQ species. The operator must submit a check-out report by fax to the Regional Administrator within 24 hours after directed fishing for each species under each CDQ allocation has ceased.

(3) * * *

(i) * * *

(A) * * *

(3) Reporting area where groundfish were harvested and whether groundfish were harvested in the COBLZ or RKCSA area. * * * * *

(D) Vessel buying station. (1) Reporting area code where groundfish receipt begins. * * * * *

(ii) * * *

(D) Vessel buying station. Date (month-day-year), time (to the nearest hour, A.l.t.), and latitude and longitude of position in degrees and minutes where the vessel departed the reporting area. * * * * *

(i) * * *

(2) Time limits and submittal. (i) The operator or manager must submit a WPR by fax to the Regional Administrator by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period.

(ii) If still fishing or processing, the operator or manager must submit a WPR at the end of each fishing year (midnight, December 31) regardless of where this date falls within the weekly reporting period. If still fishing or processing, the operator or manager must submit a WPR starting January 1 through the end of the weekly reporting period. * * * * *

(k) * * *

(2) * * *

(ii) * * *

(A) The harvest zone code of the area in which groundfish were harvested as defined in Table 5 to this part. * * * * *

(l) * * *

(5) * * *

(vi) Primary ports. Unless specifically authorized on a case-by- case basis, vessel clearances will be issued only by clearing officers at the primary ports listed in Table 9 to this part. * * * * *

(m) * * *

(3) * * *

(ii) The operator of a mothership must ensure copy distribution of each multi-sheet, consolidated weekly ADF&G groundfish fish ticket (G series) as follows. A fax copy is not acceptable.

(A) Yellow copy. Submit the yellow copy to Alaska Commercial Fisheries Management & Development Division, Department of Fish and Game, 211 Mission Road, Kodiak, AK, 99615-6399, within 30 days after landings are received.

(B) White copy. Submit the white, original copy per paragraphs 679.5(a)(14)(vii)(D) and (E).

(C) Pink copy. Submit the pink copy to the catcher vessel delivering groundfish to the mothership.

(n) Groundfish CDQ fisheries--(1) CDQ delivery report--(i) Applicability. (ii) Time limitation and submittal. The manager of each shoreside processor receiving CDQ or PSQ species from a catcher vessel must submit a CDQ delivery report to the Regional Administrator within 24 hours of each delivery of groundfish CDQ species to the shoreside processor.

(iii) Information required. The manager of each shoreside processor must record the following information on each CDQ delivery report:

(A) CDQ group information. CDQ group number as defined at 679.2 to this part and CDQ group name or acronym.

(B) Processor information.

(1) Name and Federal processor permit number of the shoreside processor taking delivery of the CDQ catch.

(2) Date delivery report submitted.

(C) Vessel and catch information.

(1) Vessel. Enter the name, Federal Fisheries Permit number if applicable,

[[Page 5880]]

and ADF&G number of the vessel delivering CDQ catch. Write ``unnamed'' if the vessel has no name.

(2) CDQ catch. Enter the delivery date, CDQ delivery number, harvest gear type, and reporting area of CDQ harvest for each CDQ delivery. If caught with trawl gear, check appropriate box(es) to indicate if catch was made in the CVOA or the COBLZ.

(D) Groundfish CDQ species and halibut CDQ.

(1) Retained. Enter groundfish CDQ species that were delivered and retained for processing by product codes and species codes as defined in Tables 1 and 2 to this part, respectively.

(2) Discarded. Enter groundfish CDQ species by species codes as defined in Table 2 to this part that were delivered to and discarded from the shoreside processor. Catcher vessels with a CDQ observer do not report estimates of at-sea discards on the CDQ delivery report.

(3) Weight. Report the weight of each CDQ species in metric tons to at least the nearest 0.001 mt.

(E) PSQ delivered by observed catcher vessels.

(1) For each prohibited species other than salmon or crab, enter the species codes as defined in Table 2 to this part and the weight to the nearest 0.001 mt.

(2) For salmon or crab, enter the species codes as defined in Table 2 to this part and the number of animals.

(F) At-sea discards of PSQ by vessels without observers.

(1) For each prohibited species other than salmon or crab, enter the species codes as defined in Table 2 to this part and the weight to the nearest 0.001 mt.

(2) For salmon or crab, enter the species codes as defined in Table 2 to this part and the number of animals.

(2) CDQ catch report--(i) Time limitation and submittal. The CDQ representative must submit a CDQ catch report for all catch made by vessels groundfish CDQ fishing as defined at Sec. 679.2 to the Regional Administrator within 7 days of the date CDQ catch was delivered by a catcher vessel to a shoreside processor or mothership, or within 7 days of the date gear used to catch CDQ was retrieved by catcher/processors.

(ii) Information required, all CDQ catch reports. The CDQ representative must record the following information on each CDQ catch report:

(A) Vessel type. Select appropriate vessel/gear/delivery type. Based on the type selected, complete each of the specified blocks.

(B) Vessel and catch information.

(1) Vessel. Enter the name, Federal Fisheries Permit number if applicable, and ADF&G number of the vessel delivering CDQ catch. Write ``unnamed'' if the vessel has no name.

(2) Gear type. Indicate gear type used to harvest CDQ catch. If using trawl gear, check the appropriate box(es) to indicate whether the catch was from the CVOA or COBLZ.

(3) Reporting area. Enter Federal reporting area in which CDQ catch occurred.

(C) CDQ group information.

(1) CDQ number as defined at 679.2 to this part and CDQ group name or acronym.

(2) Date report submitted.

(iii) Information required for Option 1 in the CDP. The CDQ representative must record the following information on each CDQ catch report for catcher vessels retaining all groundfish CDQ and delivering it to a shoreside processor (Option 1 in the CDP):

(A) Delivery information.

(1) Name and Federal processor permit number of the shoreside processor taking delivery of the CDQ catch.

(2) Date catch delivered.

(3) Catcher vessel CDQ delivery number.

(B) Catch information, Groundfish CDQ species--(1) Retained. Report the weight in metric tons to at least the nearest 0.001 mt for each groundfish CDQ species delivered and retained for processing by product codes and species codes as defined in Tables 1 and 2 to this part, respectively.

(2) Discarded. Report the weight in metric tons to at least the nearest 0.001 mt for each groundfish CDQ species delivered to and discarded from the shoreside processor by product codes and species codes as defined in Tables 1 and 2 to this part, respectively.

(C) Catch information, Halibut IFQ/CDQ. The CDQ representative must report the weight of all CDQ and IFQ halibut in metric tons to at least the nearest 0.001 mt for each fixed-gear vessel delivery reported to NMFS on an IFQ/CDQ landing report by product codes and species codes (code 200) as defined in Tables 1 and 2 to this part, respectively.

(D) Mortality information, prohibited species other than halibut.

(1) For each prohibited species other than salmon or crab, enter the species codes as defined in Table 2 to this part and the weight to the nearest 0.001 mt.

(2) For salmon or crab, enter the species codes as defined in Table 2 to this part and the number of animals.

(E) Mortality information, halibut PSQ.

(1) For halibut PSQ catch, enter the round weight to the nearest 0.001 mt, mortality rate, and overall halibut mortality in metric tons to the nearest 0.001 mt.

(iv) Information required for Option 2 in the CDP. The CDQ representative must record the following information on each applicable CDQ catch report under Option 2 in the CDP for catcher/processors, catcher vessels delivering to motherships, and catcher vessels (with observers) using hook-and-line gear and discarding groundfish CDQ at sea.

(A) Delivery information.

(1) If a mothership, name, Federal fisheries permit number, ADF&G number.

(2) If a catcher/processor or catcher vessel, name, Federal fisheries permit number, ADF&G number, CDQ observer's haul or set number, and date gear retrieved as determined by the CDQ observer.

(B) Groundfish CDQ species (see Sec. 679.5(n)(2)(iii)(B)).

(C) Catch information, Halibut IFQ/CDQ (see Sec. 679.5(n)(2)(iii)(C)).

(D) Mortality information, prohibited species other than halibut (see Sec. 679.5(n)(2)(iii)(D)).

(E) Mortality information, halibut PSQ (see Sec. 679.5(n)(2)(iii)(E)).

6. In Sec. 679.6, paragraph (g) is added to read as follows:

Sec. 679.6 Experimental fisheries.

* * * * *

(g) Recordkeeping and reporting requirements. In addition to the recordkeeping and reporting requirements in this section, the operator or manager must comply with requirements at Sec. 679.5(a) through (k). * * * * *

7. In Sec. 679.20, paragraph (b)(1)(v) heading is amended by removing the sunset date; paragraphs (e)(1), (e)(2)(ii), and (f)(2) are amended by removing ``Table 10'' and adding in its place ``Table 7'' and by removing ``Table 11'' and adding in its place ``Table 8;'' and the in-text table is removed in paragraph (g)(3).

8. In Sec. 679.21, paragraph (b)(5) is added and paragraph (e)(7)(vi)(A) is amended by removing ``(e)(7)(v)(B)'' and adding in its place ``(e)(7)(vi)(B)'' to read as follows:

Sec. 679.21 Prohibited species bycatch management.

* * * * *

(b) * * *

(5) Sablefish as a prohibited species (see Sec. 679.24(c)(2)(ii)). * * * * *

9. In Sec. 679.22, paragraphs (a)(7), (a)(8), and (b)(2) are removed, new paragraphs (b)(2) and (g) are added; paragraphs (a)(9) and (a)(10) are redesignated to read (a)(7) and (a)(8), respectively;

[[Page 5881]]

newly redesignated paragraph (a)(8) is revised; and the heading to paragraph (h) is revised to read as follows:

Sec. 679.22 Closures.

(a) * * *

(8) Chum Salmon Savings Area. Trawling is prohibited from August 1 through August 31 in the Chum Salmon Savings Area defined at Figure 9 to this part (see also Sec. 679.21(e)(7)(vii)). * * * * *

(b) * * *

(2) Southeast Outside District, gear other than nontrawl. Use of any gear other than nontrawl gear is prohibited at all times in Southeast Outside District defined at Figure 3 to this part. * * * * *

(g) Steller sea lion protection areas--(1) 10-nm year-round trawl closures. Trawling is prohibited within 10 nm of each of the Steller sea lion rookeries shown in Figure 16(b)(2) to this part.

(2) 20-nm year-round trawl closures. Trawling is prohibited within 20 nm of each of the Steller sea lion rookeries shown in Figure 16(b)(3) to this part.

(3) 20-nm Seasonal trawl closures. During January 1 through April 15, or a date earlier than April 15, if adjusted under Sec. 679.20, trawling is prohibited within 20 nm of each of the Steller sea lion rookeries shown in Figure 16(b)(4) to this part.

(4) Western and Central Aleutian Islands critical habitat closures--(i) General. Trawling is prohibited within areas designated as Steller sea lion critical habitat in the Western or Central Districts of the AI (see Table 1, Table 2, and Figure 4 of 50 CFR part 226) when the Regional Administrator announces by notification in the Federal Register that the criteria for a trawl closure in a district set out in paragraph (g)(4)(ii) of this section has been met.

(ii) Criteria for closure. The trawl closures identified in paragraph (g)(4)(i) of this section will take effect when the Regional Administrator determines that the harvest of a seasonal allowance of Atka mackerel specified under Sec. 679.20(a)(8)(ii)(A) reaches the following percentage identified for each year and district:

Western Central Year

(543) (542) (percent) (percent)

1999..............................................

65

80 2000..............................................

57

67 2001..............................................

48

46 2002 and after....................................

40

40

(iii) Duration of closure. A Steller sea lion critical habitat area trawl closure within a district will remain in effect until NMFS closes Atka mackerel to directed fishing within the same district.

(iv) CDQ fishing. Harvesting groundfish CDQ with trawl gear is prohibited within areas designated as Steller sea lion critical habitat in the Western and/or Central Districts of the AI (see Table 1, Table 2, and Figure 4 of 50 CFR part 226) for an eligible vessel listed on an approved CDP after the CDQ group has harvested the percent of the annual Atka mackerel CDQ specified for the year and district at paragraph (g)(4)(ii) of this section.

(h) CDQ fisheries closures * * * * * * * *

10. In Sec. 679.24, paragraph (b)(1)(i) and (ii) are removed; (b)(1)(iii) is redesignated as (b)(1); (b)(1)(iii)(A) and (B) are redesignated as (b)(1)(i) and (ii).

11. In Sec. 679.28, paragraph (b)(5)(i) is revised; and paragraph (c)(3) is amended by removing ``Sec. 679.5(a)(15)'' and adding it its place ``Sec. 679.5(a)(14)(vii)(D)'' to read as follows:

Sec. 679.28 Equipment and operational requirements for catch weight measurement.

* * * * *

(b) * * *

(5) * * *

(i) Reports of catch weight and cumulative weight. Reports must be printed at least once each 24-hour period in which the scale is being used to weigh catch or before any information stored in the scale computer memory is replaced. The haul or set number recorded on the scale print-out must correspond with haul or set numbers recorded in the processor's DCPL (see Sec. 679.5). Scale weights must not be adjusted by the scale operator to account for the perceived weight of water, mud, debris, or other materials. * * * * *

12. In Sec. 679.30, paragraph (a)(1)(iv), is amended by removing ``Table 7'' and adding in its place ``Table 4,'' and paragraph (a)(5)(i)(B) is revised to read as follows:

Sec. 679.30 General CDQ regulations.

(a) * * *

(5) * * *

(i) * * *

(B) Shoreside processors. A list of the name, Federal processor permit number, and location of each shoreside processor that is required to have a Federal processor permit under Sec. 679.4(f) and will take deliveries of, or process, CDQ catch. * * * * *

13. In Sec. 679.31, paragraph (b)(3) introductory text, is revised to read as follows:

Sec. 679.31 CDQ reserves.

* * * * *

(b) * * *

(3) The proportions of the halibut catch limit annually withheld for the halibut CDQ program, exclusive of issued QS, and the eligible communities for which they shall be made available are as follows for each IPHC regulatory area (see Figure 15 to this part: * * * * *

14. In Sec. 679.32, paragraphs (c) introductory text, (c)(1), (c)(3) introductory text, (d)(1), (e)(3) through (e)(5), (f)(3), and (f)(7) are revised; and paragraphs (f)(8) and (f)(9) are added to read as follows:

Sec. 679.32 Groundfish and halibut CDQ catch monitoring.

* * * * *

(c) Requirements for vessels and processors. In addition to complying with the minimum observer coverage requirements at Sec. 679.50(c)(4), operators of vessels groundfish CDQ fishing and managers of shoreside processors taking deliveries from vessels groundfish CDQ fishing must comply with the following requirements:

(1) Catcher vessels without an observer. (i) Operators of catcher vessels less than 60 ft (18.29 m) LOA must retain all groundfish CDQ, halibut CDQ, and salmon PSQ until it is delivered to a processor that meets the requirements of paragraph (c)(3) or (c)(4) of this section. All halibut PSQ and crab PSQ must be discarded at sea. Operators of catcher vessels using trawl gear must report the at-sea discards of halibut PSQ or crab PSQ on the CDQ delivery report (see paragraph 679.5(n)(1)). Operators of catcher vessels using nontrawl gear must report the at-sea discards of halibut PSQ on the CDQ delivery report, unless exempted from accounting for halibut PSQ under paragraph (b) of this section.

(ii) Catcher vessels delivering unsorted codends. Operators of catcher vessels delivering unsorted codends to motherships must retain all CDQ and PSQ species and deliver them to a mothership that meets the requirements of paragraph (c)(4) of this section. * * * * *

(3) Shoreside processors. The manager of a shoreside processor must comply with all of the following requirements: * * * * *

(d) Recordkeeping and reporting--(1) Catch record. The manager of a shoreside processor must submit to NMFS the CDQ delivery report required

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in Sec. 679.5(n)(1). The CDQ representative must submit to NMFS the CDQ catch report required in Sec. 679.5(n)(2). Additionally, all other applicable requirements in Sec. 679.5 for groundfish fishing must be met. * * * * *

(e) * * *

(3) Recordkeeping and reporting. The CDQ representative, the operator of a vessel, and the manager of a shoreside processor must submit all applicable reports in Sec. 679.5, including the CDQ delivery report and the CDQ catch report. Catch from the pollock CDQ fisheries must be identified separately from catch in other CDQ fisheries on the CDQ catch report. Harvest of species other than pollock in the pollock CDQ fisheries must not be reported on the CDQ catch report.

(4) Observer coverage. Two observers are required on all catcher/ processors and motherships harvesting, processing, or taking deliveries of pollock CDQ; one observer is required on all catcher vessels harvesting pollock CDQ; and one observer is required in a shoreside processor while pollock CDQ is being delivered, sorted, or processed.

(5) Estimation of the weight of pollock CDQ--(i) Shoreside processors. All pollock CDQ delivered to a shoreside processor must be weighed on a scale approved by the State of Alaska under Sec. 679.28(c). The manager of each shoreside processor must notify the observer of the offloading schedule of each pollock CDQ delivery at least 1 hour prior to offloading to provide the observer an opportunity to monitor the weighing of the entire delivery.

(ii) Motherships and catcher/processors. Operators of motherships and catcher/processors must provide holding bins and comply with the operational requirements at Sec. 679.28(e) in order for volumetric estimates of total catch weight to be made.

(f) * * *

(3) Permits. The managing organization responsible for carrying out an approved CDP must have a halibut and/or sablefish CDQ permit issued by the Regional Administrator. A copy of the halibut and/or sablefish CDQ permit must be carried on any fishing vessel operated by, or for, the managing organization and be made available for inspection by an authorized officer. Such halibut and/or sablefish CDQ permit is non- transferable and is effective for the fishing year or until revoked, suspended, or modified. * * * * *

(7) Recordkeeping and reporting. Catcher vessels, catcher/ processors, and motherships with a Federal fisheries permit or shoreside processors with a Federal processor permit required under Sec. 679.4 must record all catch of groundfish, including sablefish CDQ, and prohibited species from the fixed gear sablefish and halibut CDQ fisheries in a catcher vessel DFL or catcher/processor, mothership, or shoreside processor DCPL. The catcher/processor, mothership, or shoreside processor must report this same information on a WPR required under Sec. 679.5.

(8) CDQ fishing seasons. (see 679.23(e)(3)).

(9) CDQ halibut and sablefish determinations and appeals. Section 679.43 describes the procedure for appealing initial administrative determinations for the halibut and sablefish CDQ program made under this subpart C of this part.

15. Section 679.42 is amended by removing paragraphs (c)(2)(i) through (c)(2)(iii), including the in-text table of paragraph (c)(2)(iii).

16. In Part 679, Figures 1 through 5, and 7 through 13, Tables 1 and 2 are revised, Figures 16, 17, and 18 are added, Tables 4, 5, and 6 are removed, Tables 7 through 11 are redesignated as Tables 4 through 8, respectively, and Tables 9 and 10 are added to read as follows:)

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[FR Doc. 99-2189Filed2-4-99; 8:45 am]

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