# Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3AE8-29625

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** December 15, 2008
- **Citation:** 73 FR 76136

## Text

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 679 and 680
[Docket No. 080302360-7686-03]
RIN 0648-AT91
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

NMFS issues a final rule that implements new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, the Interagency Electronic Reporting System, and its data entry component, eLandings; the integration of eLandings with existing logbook requirements and future electronic logbooks; a variety of fisheries permits provisions and revisions to regulations governing the Bering Sea and Aleutian Islands Management Area Crab Rationalization Program, including fee calculations; a revision to a Sitka Pinnacles Marine Reserve closure provision; and a revision to a groundfish observer provision regarding at-sea vessel-to-vessel transfers. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other applicable law.

DATES:

Effective January 14, 2009.

ADDRESSES:

Copies of the Categorical Exclusion (CE), Regulatory Impact Review (RIR), and Final Regulatory Flexibility Analysis (FRFA) prepared for this action may be obtained from the NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, or by calling the Alaska Region, NMFS, at 907-586-7228, or from the NMFS Alaska Region website at
http://alaskafisheries.noaa.gov
.

Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to NMFS and by e-mail to
David_Rostker@omb.eop.gov
, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION:

NMFS manages the U.S. groundfish fisheries of the exclusive economic zone (EEZ) off Alaska under the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. With Federal oversight, the State of Alaska (State) manages the commercial king crab and Tanner crab fisheries under the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs and the commercial scallop fishery under the Fishery Management Plan for the Scallop Fishery off Alaska. The fishery management plans were prepared by the North Pacific Fishery Management Council and approved by the Secretary of Commerce under authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801
et seq.
The FMPs are implemented by regulations at 50 CFR parts 679 and 680. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600.

Management of the Pacific halibut fisheries in and off Alaska is governed by an international agreement, the “Convention Between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea,” which was signed at Ottawa, Canada, on March 2, 1953, and was amended by the “Protocol Amending the Convention,” signed at Washington, D.C., March 29, 1979. The Convention is implemented in the United States by the Northern Pacific Halibut Act of 1982 (Halibut Act).

Background and Need for Action

Refer to the proposed rule preambles for further description and detail. The background and need for this action were described in detail in the preamble to the original proposed rule published in the
Federal Register
on June 29, 2007 (72 FR 35748) and in a supplemental proposed rule published on September 24, 2008 (73 FR 55368) and are not repeated here. The supplemental proposed rule explains the reorganization of materials within the current recordkeeping and reporting (R&R) regulatory text to integrate electronic and non-electronic requirements. The original proposed rule's comment period ended July 30, 2007. NMFS received two emails containing nine comments on the original proposed rule. Responses to all nine comments were provided in the supplemental proposed rule. NMFS agreed with five of these comments and made the suggested changes in the supplemental proposed rule. The supplemental proposed rule's comment period ended October 24, 2008. NMFS received one comment by email which is summarized under “Response to Comments.”

In summary, this final rule:

• Institutes the Interagency Electronic Reporting System (IERS) and its data entry component, eLandings. eLandings replaces the current Shoreside Processor Electronic Logbook Report (SPELR) for entering groundfish catch information and Crab Rationalization Program (CR) crab information. The use of eLandings removes and replaces the use of the shoreside processor daily cumulative production logbook (DCPL), weekly production reports, daily production reports, and aggregated mothership fish tickets. The operators of catcher/processor vessels and motherships will be required to use a combination of eLandings and the appropriate DCPL to record fishery information;

• Allows for the future use of electronic logbooks (ELBs) by operators of catcher vessels, catcher/processors, and motherships to replace the daily fishing logbook (DFL) and the DCPL when used with eLandings. Equipment and operational requirements in conjunction with the new ELBs are updated to provide the process and criteria by which a private-sector vendor could submit ELB software programs for approval by NMFS Alaska Region;

• Reorganizes IFQ crab landing report regulations by removing them from 50 CFR part 680 and incorporating them into eLandings regulations at 50 CFR part 679, so that all regulations pertaining to eLandings will be found in one set of regulations;

• Adds a requirement for Registered Crab Receivers to submit an annual Crab Rationalization Program Registered Crab Receiver Ex-vessel Volume and Value Report;

• Revises regulations that pertain to permits in the fisheries off Alaska. Most of the changes are technical or administrative in nature, e.g., clarification of existing regulations on how to amend or surrender a permit, and do not change existing requirements;

• Clarifies vessel restrictions in the Sitka Pinnacles Marine Reserve and how those restrictions apply to halibut and sablefish IFQ permit holders;

• Revises requirements regarding at-sea transfer of an observer to enhance safety; and

• Technical revisions to regulations to correct cross-references and other regulatory text. Miscellaneous revisions also include removal of outdated text and codifying existing reporting practices for catch weighing and vessel monitoring system requirements.

Response to Comments

Comment 1:
The data entry time limits for trawl and longline catcher/processors, the provision that requires submission “by noon each day to record the previous day's discard and disposition information,” is unworkable. An example of how this reporting deadline is a problem is when a tow or set is retrieved just before midnight. An observer cannot start monitoring and sampling a tow until it is being processed, and in some cases an observer's work shift may end in the morning. This means that the vessel crew may not know about discard and bycatch estimates until the afternoon of the day after the previous day's tow has been retrieved. We request the time limit for when data is entered in eLandings or the DCPL be changed from “by noon each day to record the previous day's discard and disposition information” to “by midnight each day to record the previous day's discard and disposition information.”

Response:
NMFS agrees with this comment. NMFS understands the impracticability of submitting information prematurely and that time limits must correspond with fishing operations. Therefore, NMFS revises regulations at § 679.5(c)(3) and (c)(4) for trawl, longline, or pot catcher/processors to change the time limit for data entry in eLandings or the DCPL from “by noon each day to record the previous day's discard and disposition information” to “by midnight each day to record the previous day's discard and disposition information.”

Changes from the Supplemental Proposed Rule

Since publication of the proposed rules, NMFS published a final rule on September 16, 2008 (73 FR 53390) that revised the definition for an active period for catcher/processors, motherships, shoreside processors, and SFPs and eliminated the check-in/check-out report submittal requirement for motherships and catcher/processors that have onboard an operating vessel monitoring system. To ensure regulatory consistency and accuracy with the September 16, 2008, final rule, NMFS is substituting the words “when active” for “checked-in” in the two places they appear in § 679.5(e)(9)(ii) and (e)(10)(iv).

This final rule corrects a mistaken cross reference in § 679.40(h)(3)(i), which are regulations describing sablefish and halibut offload obligations. The supplemental proposed rule incorrectly cited to § 679.5(e)(8)(i)(K), which describes the obligation to record discard or disposition information, which is unrelated to offloads. The final rule correctly references § 679.50(e)(7)(i)(E)(
6
), which describes entry of delivery information.

Other revisions are made by this final rule to ensure that electronic data submittal procedures are accurately and completely described. These revisions are as follows:

eLandings relies on computers. The supplemental proposed rule, under § 679.5(e), specified procedures for submitting information if a user's computer fails. The final rule clarifies that if a hardware, software, or Internet failure occurs, these procedures should be used. When a user is reporting on groundfish other than sablefish, the user must report the information as “non-IFQ groundfish” in paragraph 679.5(e)(1)(ii).

The final rule also removes a sentence in paragraph 679.5(e)(1)(ii) that stated “A User who for any reason is unable to properly submit a landing report or production report through eLandings must record the information in the DCPL until network connections are restored.” This sentence is inappropriate because NMFS has determined it is unnecessary to specify by regulation where a user records temporary information. The final rule also adds “other NMFS-approved software” to paragraphs 679.5(e)(1)(i) and (e)(1)(ii) because in the future, NMFS may approve additional software programs that will work as well as the eLandings system.

The final rule, in Table 2b to part 679, corrects the mis-spelled Latin term for red king crab and removes the check marks for three crab species that incorrectly indicated that the crab species are Crab Rationalization (CR) crab. The complete list of CR crab may be viewed at Table 1 to part 680.

The final rule reorganizes certain requirements for the Registered Crab Receiver (RCR) Ex-vessel Volume and Value Report at § 680.5(m). Since the report must be filed electronically, the final rule deletes the requirement for a paper report. The final rule reorganizes paragraphs (m)(iii)(B) and (C) to include retro payments, e.g., payments for crab made subsequent to the original payment, as part of the value of crab purchases instead of as payment and value information. Finally, paragraph (m)(4) is revised in the final rule to correct a website address that has been changed since publication of the proposed rules.

Classification

The Administrator, Alaska Region, NMFS determined that this final rule is necessary for the conservation and management of the groundfish fisheries, and that it is consistent with the Magnuson-Stevens Act and other applicable laws.

Regulations governing the U.S. fisheries for Pacific halibut are developed by the International Pacific Halibut Commission (IPHC), the Pacific Fishery Management Council, the North Pacific Fishery Management Council (Council), and the Secretary of Commerce. Section 5 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c (Halibut Act) allows the Regional Council having authority for a particular geographical area to develop regulations governing the allocation and catch of halibut in U.S. Convention waters as long as those regulations do not conflict with IPHC regulations. The final rule is consistent with the Council's authority to allocate, monitor, and manage halibut catches among fishery participants in the waters in and off Alaska.

This final rule has been determined to be not significant for the purposes of Executive Order 12866.

NMFS is not aware of any other Federal rules that would duplicate, overlap, or conflict with this action.

Final Regulatory Flexibility Analysis (FRFA)

A Final Regulatory Flexibility Analysis (FRFA) was prepared for this rule as required by section 604 of the Regulatory Flexibility Act (RFA). The FRFA incorporates the IRFA and a summary of the analyses completed to support the action; no comments were received on the IRFA. Copies of the FRFA prepared for this final rule are available from NMFS (see
ADDRESSES
). A summary of the FRFA follows.

Reason and Justification for the Rule

The FRFA describes in detail the objectives and legal basis for the rule, and characterizes the small and non-small regulated entities that participate in the fishery. A description of the action, the reasons why it is being considered, and a statement of the objectives and legal basis for this action are contained earlier in the preamble and are not repeated here.

Number of Small Entities to Which the Final Rule Would Apply

For purposes of a FRFA, the Small Business Administration (SBA) has established that a business involved in fish harvesting is a small business if it is independently owned and operated, not dominant in its field of operation (including its affiliates), and if it has combined annual gross receipts not in excess of $4.0 million for all its affiliated operations worldwide. A seafood processor is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 500 or fewer persons on a full-time, part-time, temporary, or other basis, at all its affiliated operations worldwide.

Because the SBA does not have a size criterion for businesses that are involved in both the harvesting and processing of seafood products, NMFS has in the past applied and continues to apply SBA's fish harvesting criterion for these businesses because catcher/processors are first and foremost fish harvesting businesses. Therefore, a business involved in both the harvesting and processing of seafood products is a small business if it meets the $4.0 million criterion for fish harvesting operations. NMFS currently is reviewing its small entity size classification for all catcher/processors in the United States. However, until new guidance is adopted, NMFS will continue to use the annual receipts standard for catcher/processors. NMFS plans to issue new guidance in the near future.

The FRFA contains a description and estimate of the number of small entities to which the rule would apply. As required by the RFA, NMFS has estimated the numbers of small entities that may be directly regulated by this action. Counts of small catcher vessel and catcher/processor entities are based on 2006 revenue estimates from the Alaska Fisheries Science Center. Counts of shoreside processors and stationary floating processors (SFPs) are based on 2006 information on plants and plant ownership from the NMFS Alaska Region. Counts of other more specialized categories of small entities are explained when they occur below. In general, the estimates of small entity numbers described in the following paragraphs are believed to be high for several reasons. Each vessel or processing plant is treated as a separate entity; however, this does not consider that a firm may own multiple vessels or plants. Moreover, revenue estimates do not take into account the revenues that an entity may have earned in waters outside of Alaska, or in non-fishing activities. Finally, estimates do not take into account potential affiliations among entities.

Cooperative membership and joint venture affiliations are common among Alaskan fishing firms. In the absence of detailed information on ownership and affiliations, and on revenue from fishing or other activities outside of Alaska, NMFS has chosen to make estimates that are conservative, to avoid undercounting the number of small entities.

The FRFA evaluates the following regulatory amendments:

1. Provide an option for operators of trawl catcher vessels and catcher/processors, longline or pot catcher vessels and catcher/processors, and motherships operating in the GOA and the BSAI in the EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL that is currently required.

2. Provide the process and criteria by which a private software vendor could get ELB software approved for use in the Alaska Region groundfish fisheries.

3. Implement regulations for the eLandings data entry component of IERS to be used for reporting commercial fishery landings and production data and allow fishery participants to use the Internet to enter data only once for subsequent distribution to the Alaska Department of Fish and Game (ADF&G), the International Pacific Halibut Commission (IPHC), and NMFS, as appropriate.

4. Reorganize regulations for logbooks to provide complete information for each logbook in its own section in order to make the regulations more accessible and easier to use.

5. Provide uniform language and revise permit-related regulations governing fishing activities in fisheries off the coast of Alaska. The minor revisions improve enforcement of the regulations at 50 CFR part 679, by revising text, where necessary, such that the regulations are specific, especially regarding permits and permit-related issues.

6. Revise 50 CFR part 680 by removing IFQ crab landing report regulations for incorporation into the description of IERS at § 679.5 IERS and by adding a requirement for a CR Registered Crab Receiver Ex-vessel Volume and Value Report.

7. Revise a groundfish observer provision regarding at-sea vessel-to-vessel transfers.

8. Make miscellaneous revisions to fishing regulations at 50 CFR parts 679 and 680.

Electronic Logbooks (ELBs)

NMFS will provide the process and criteria by which a private-sector software vendor could obtain approval for ELB software in the Alaska Region groundfish fisheries.

NMFS will provide an option for operators of trawl catcher vessels and catcher/processors, longline or pot catcher vessels and catcher/processors, and motherships operating in the GOA and the BSAI in the EEZ off the coast of Alaska to substitute an ELB for the DFL or DCPL that is currently required.

This action will allow ELBs for voluntary use by fishery participants to replace the DFL for trawl gear catcher vessels and longline or pot gear catcher vessels. ELBs will also be allowed for use by fishery participants to replace the DCPL used by trawl gear catcher/processors, longline or pot gear catcher/processors, and motherships to voluntarily fulfill daily catch recordkeeping and reporting requirements.

The participants associated with this aspect of the action include an estimated 771 small catcher vessels, 11 small catcher/processors, and no small motherships. The catcher vessel and catcher/processor estimates may be high, because they do not take account of affiliations among entities.

NMFS considered two alternatives for implementation of the ELBs: the no-action (or status quo) and action alternatives. The action alternative allows participants to voluntarily use an ELB instead of a DFL or DCPL, but does not require firms to incur additional costs, because all processors participating in Federal fisheries have access to a computer. The no-action alternative was considered, but rejected, because it did not meet the action objective of creating a better regulatory environment for the introduction and use of ELB software for compliance with NMFS' reporting requirements.

NMFS interacted with the fishing industry on the use of ELBs during a pilot project described in the RIR/IRFA wherein a trawl gear ELB created by a private vendor was used by catcher vessels. An early version of this analysis included a provision requiring that fishing operations using the ELB software file a report with NMFS within 24 hours of delivering their product. This provision was eliminated from the alternatives following industry consultations during the preparation of the IRFA. The provision was expected to impose an undue burden on operations that were using the software voluntarily and perhaps slow its adoption rate. An examination of

existing response rates indicated that about 32 percent of these reports have been received by NMFS within 24 hours of the landing, and about 73 percent have been received within 48 hours of the landing. The action alternative relaxes a constraint on the public, and may reduce data entry costs relative to the DFL and DCPL.

Interagency Electronic Reporting System (IERS)

With this final rule, NMFS implements regulations for the eLandings data entry component of IERS to be used for reporting commercial fishery landings and production data and allow fishery participants to use the Internet to enter data only once for subsequent distribution to the ADF&G, the IPHC, and NMFS, as appropriate.

NMFS estimates that this action will directly regulate 11 small catcher/processors, 80 small shoreside processors, five small SFPs, no small motherships, and 184 small Registered Buyers. Under this action, these entities will be required to report electronically using the IERS software.

The Registered Buyer estimates were prepared as follows. There are 206 IFQ Registered Buyers expected to use IERS to record their halibut IFQ and halibut CDQ deliveries under provisions of this action. An examination of the names of the Registered Buyers suggests that at least 22 are large entities under the Small Business Administration (SBA) criteria (i.e., processors subject to the 500 employee SBA criterion). The remaining Registered Buyers appear to be small shoreside firms or fishing operations. Thus, 184 Registered Buyers are estimated to be small for RFA purposes. This is likely to be an overestimate of the number of small entities among the Registered Buyers directly regulated by adoption of the IERS.

NMFS considered two alternatives for the IERS and eLandings: the status quo and action alternatives. The status quo alternative, if retained, would not have required firms to begin using IERS for Federal reporting purposes. However, since State regulations will require firms to begin reporting in-state deliveries of harvests with the IERS system, retention of the status quo alternative would be of no advantage to small entities. Indeed, these small entities could be in the position of having to conform to two separate reporting standards. Moreover, a significant proportion of the harvest from Federal waters is delivered to onshore or inshore processors, who would be using the IERS to input these records.

The preferred alternative requires processors to use IERS and eLandings to report data from Federal fisheries, but only imposes small additional costs. IERS is a joint project of ADF&G, IPHC, and NMFS. If NMFS adopted an alternative system, confusion would result for the fishing industry and industry costs would be increased. Additional alternatives in this instance would compromise our ability to meet the objectives of the action. Because the costs of this action are minor, it is difficult to identify additional alternatives with significant cost savings.

Regulatory text reorganization

NMFS reorganizes and revises § 679.5(a) and (c), such that each of the six groundfish logbooks is described clearly and completely in a separate section of regulatory text. This action also makes the regulations easier for the public to use. Regulations for processor forms also are revised and reorganized in this rule. Prior to this final rule, these regulations were arranged into tables by data element relating to multiple logbooks and forms. The reader had to consult several places in the regulations to find complete requirements for any given logbook or form. This action consolidates all of the requirements for each form and logbook into individual sections in § 679.5.

The small entities directly regulated by this action include 80 shoreside processors, five SFPs, 11 catcher/processors, no motherships, and 771 catcher vessels.

NMFS considered two alternatives for the reorganization of regulations: the status quo and action alternatives. Under the status quo alternative, the regulations at § 679.5 would remain without reorganization. The regulations at § 679.5 would remain arranged in tables by data element relating to multiple logbooks and forms causing the reader to consult several places in the regulations to find complete requirements for any given logbook or form. Under the regulatory scenario of the status quo alternative, participants would likely face increased R&R regulatory uncertainty and a loss of efficiency. Under the action alternative, NMFS will reorganize and revise regulations at § 679.5 such that each of the six groundfish logbooks is described in regulatory text separately, completely, and clearly. Under the regulatory scenario of the action alternative, participants would enjoy increased R&R regulatory certainty and increased efficiency.

Permits

NMFS is unifying the language and revising permit-related regulations governing fishing activities in fisheries off the coast of Alaska. These minor revisions will improve enforcement of the regulations at 50 CFR part 679 by clarifying and simplifying text, especially regarding permit-related issues. NMFS estimates that 771 small catcher vessels, 11 small catcher/processors, 80 small shoreside processors, five SFPs, and six small CDQ groups are directly regulated by this action.

Six CDQ groups, representing 65 Western Alaska communities, currently participate in the CDQ Program. Each is organized as a not-for-profit entity, and none is dominant in its field. Consequently, each is a small entity under the RFA. Several CDQ groups own, in whole or in part, and operate vessels participating in the CDQ fisheries. Because CDQ groups must obtain permits for their vessels, the six CDQ groups also will be directly regulated by this rule.

NMFS considered two alternatives for the permit-related revisions: the status quo and action alternatives. The status-quo alternative would maintain the inconsistency of regulatory language regarding permit-related issues, for example, by maintaining the term “federally regulated” and by not replacing it with the specific permit that relates to the paragraph. This would maintain the inconsistency in determination of which permit authorizes which activity. Under the action alternative, NMFS “tightens up” the regulations as they relate to permits, for example, regulatory text is made specific as to whether a permit is issued to a person or to a vessel. Under the action scenario, NMFS clarifies ambiguities in the permit-related regulatory text and improves enforcement of the regulations at 50 CFR part 679.

eLandings Landing Report

NMFS revises regulations at 50 CFR part 680 by removing IFQ crab landing report regulations for incorporation into the § 679.5(e) eLandings regulations. The eLandings landing report originally was created for CR crab, but will be used for reporting groundfish, IFQ halibut, CDQ halibut, and IFQ sablefish as well.

NMFS considered two alternatives for the eLandings regulatory revisions: the status quo and action alternatives. Under the status quo scenario, the regulations for use of eLandings for the CR fisheries would remain at § 680.5

and the regulations for use of eLandings for other fisheries would be in § 679.5(e). This would duplicate two sets of regulations and introduce confusion.

Under the action alternative, NMFS removes regulatory text from § 680.5(b), (c), and (d) that describe the use of eLandings for CR crab and integrates that text into regulations at § 679.5(e). This change allows all related information for the eLandings landing report to be found in one section for groundfish, CR crab, IFQ halibut, IFQ sablefish, and CDQ halibut.

CR Registered Crab Receiver Ex-vessel Volume and Value Report

NMFS is adding a new form, the CR Registered Crab Receiver (RCR) Ex-vessel Volume and Value Report, to be submitted by participants near the end of the crab fishing year. This report is similar to a report required by regulations implementing the NMFS Alaska Region IFQ Program for Pacific halibut and sablefish. The regulations for the form will be described at § 680.5(m). The small entities directly regulated by this action are approximately 30 RCRs required to submit an annual CR RCR Ex-vessel Volume and Value Report.

NMFS considered two alternatives for the addition of this form: the status quo and action alternatives. Under the status quo scenario, the requirement to report through eLandings the price paid for crab during landing would remain mandatory. This would mean that the crab price would be inaccurate, because the price at the time of landing does not include post-delivery or end-of-season adjustments. An inaccurate report of crab value would then be used to assess fees for participants in the CR crab fisheries, required by the Magnuson-Stevens Fishery Conservation and Management Act (Section 304(d)(2)(B)). Inaccurate fees could result in insufficient funds to manage the CR Program.

The action alternative adds the new form to collect crab price information from CR RCRs. The form collects information used to assess fees on an annual basis, which is a statutory requirement. NMFS considered but rejected alternatives (options) of more frequent or less frequent collection of the price information. NMFS Restricted Access Management Program (RAM) will collect the price information to establish a “standard” ex-vessel price for CR crab. The standard price will be used to estimate the cost recovery fees due from processors and harvesters; the participants may not participate in the CR fisheries if fees are not paid. The cost recovery fees will be used to support management of the CR Program. An additional effect will be the removal of a requirement for an RCR who receives a landing of CR crab harvested under the IFQ, the CDQ, or Adak community allocation programs to submit for each landing the price per pound. Instead, each RCR will be required to submit a CR RCR Ex-vessel Volume and Value Report near the end of the crab fishing year. In addition, the requirement to report through eLandings the price paid for crab when landed will become optional.

Groundfish Observer Provision Regarding At-sea Vessel-to-vessel Transfers

The Fisheries Monitoring and Analysis Division (FMA) monitors groundfish fishing activities in the EEZ off Alaska and conducts research associated with sampling commercial fishery catches, estimation of catch and bycatch mortality, and analysis of fishery-dependent data. As part of the FMA's North Pacific Observer Program, approximately 400 fishery observers spend up to 90 consecutive days each year at sea or at processing plants collecting data for management of the Alaskan groundfish fisheries. On occasion crab fisherman must transfer an observer at sea from one vessel to another.

The small entities directly regulated by this action include no motherships, 11 catcher/processors, and 771 catcher vessels.

NMFS considered three alternatives for the observer at-sea transfer revisions: the status quo and two action alternatives. Under the status quo alternative, the regulatory text would not be changed. The no-action alternative was rejected because it did not meet the action objective of creating a safe transfer environment for a groundfish observer.

Under the preferred action alternative, NMFS revises a groundfish observer provision regarding at-sea vessel-to-vessel transfers by removing “via small boat or raft” from the regulations at § 679.50(g)(1)(ix)(A). This revision will improve safety for observers undergoing a transfer at sea because the regulatory text now states that all at-sea transfers of an observer be conducted during daylight hours, under safe conditions, and with the agreement of the observers involved.

Under the second action alternative, NMFS will prohibit the transfer of an observer at sea. Most of the at-sea transfers are done by companies that own two or more vessels with less than 100 percent observer coverage and use one observer to meet observer coverage requirements on these vessels. This revision would require an observer to be transferred only at the dock, resulting in increased costs for the company, because vessels would have to return to the dock to pick up or drop off an observer. This alternative was rejected for further analysis because the improvement in observer safety appeared to come at a disproportionate cost to fishing operations.

Miscellaneous Revisions to Fishing Regulations at 50 CFR parts 679 and 680

NMFS amends regulations in Parts 679 and 680 to improve clarity and efficiency. The small entities directly regulated by this final rule include 80 shoreside processors, 5 SFPs, 11 catcher/processors, no motherships, and 771 catcher vessels.

NMFS considered two alternatives for the miscellaneous regulatory revisions: the status quo and action alternatives. Under the status quo alternative the regulatory text would not be changed. Under the action alternative, NMFS amends regulations in Part 679 and Part 680, by adding and revising definitions, revising text to clarify a Sitka Pinnacles Marine Reserve closure provision, adding or correcting cross references, removing obsolete text, adding new text, codifying certain existing practices, and revising figures and tables to Part 679. These changes will facilitate management of the fisheries and enforcement efforts and promote compliance with the regulations.

The preferred action alternative will have no known adverse impacts on small entities. The status quo alternative was rejected because it did not meet the action objective of creating a better regulatory environment.

The regulations in this final rule appear to impose no adverse economic impacts on directly regulated small entities. Therefore no steps were needed to minimize the effects of this regulatory action on small entities.

In the various items considered in this analysis, the preferred alternative was chosen rather than selecting the status quo alternative. The preferred alternative in every case supported the primary objective of this action which is to improve the methods and procedures of recordkeeping and reporting for the fishery programs of NMFS Alaska Region through expansion of electronic reporting methods and by simplifying regulations.

Use of electronic recordkeeping will allow the public to more easily record daily information and retrieve daily information and will increase the

accuracy of information collected and summarized. In addition, this initiation of electronic recordkeeping is the first step to interface with onboard electronics to collect certain information directly (for example location and direction information from a global positioning system). Electronic recordkeeping also creates a wide range of potential reports to allow the operator to analyze his or her fishing activity.

eLandings or other NMFS-approved software allows processors and others to provide commercial harvest and production information of groundfish, halibut, and crab to NMFS, IPHC, and ADF&G. Using eLandings removes reporting duplications, and once implementation is complete, eLandings makes recordkeeping and reporting simpler. Additional benefits of the eLandings system include:

• Immediate verification of permits and vessel identification;

• Timely catch reports for management agency use;

• Options for processors to import or export catch and production information; and

• Significant reduction in data entry by management agencies and processors.

Small Entity Compliance Guide

The preamble to this final rule and particularly the summary of the FRFA serve as the small entity compliance guide. This action does not require any additional compliance from small entities that is not described in this final rule. Copies of this final rule are available from NMFS (see
ADDRESSES
) and at the NMFS website at
http://alaskafisheries.noaa.gov
.

Paperwork Reduction Act Collections of Information

This final rule contains collection-of-information requirements that are subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) and which have been approved by OMB. The collections are listed below by OMB control number.

OMB Control Number 0648-0206

Public reporting burden is estimated to average per response: 21 minutes for Federal fisheries permit and 21 minutes for Federal processor permit.

OMB Control Number 0648-0213

Public reporting burden is estimated to average per response: 28 minutes for catcher vessel longline and pot gear DFL or ELB; 18 minutes for catcher vessel trawl DFL or ELB; 31 minutes for mothership DCPL or ELB; 41 minutes for catcher/processor longline and pot gear DCPL or ELB; 30 minutes for catcher/processor trawl gear DCPL or ELB; 23 minutes for buying station report; 7 minutes for check-in/check-out report, mothership or catcher/processor; 8 minutes for check-in/check-out report, shoreside processor. The weekly production report, estimated at 17 minutes; shoreside processor DCPL, estimated at 31 minutes; and mothership consolidated ADF&G fish tickets, estimated at 35 minutes, are removed with this final rule.

OMB Control Number 0648-0272

Public reporting burden for IFQ landing reports is estimated to average 18 minutes per response.

OMB Control Number 0648-0334

Public reporting burden is estimated to average per response: one hour for groundfish and crab LLP transfer application and one hour for scallop LLP transfer application.

OMB Control Number 0648-0515

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

OMB Control Number 0648-0570

Public reporting burden is estimated to average per response: 20 minutes for crab catcher/processor offload report, 40 hours for eligible crab community organization annual report; and 1 hour for CR Registered Crab Receiver Ex-vessel Volume and Value Report.

These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES
) and by e-mail to
David_Rostker@omb.eop.gov
, or fax to 202-395-7285.

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

List of Subjects in 15 CFR part 902

Reporting and recordkeeping requirements.

List of Subjects in 50 CFR parts 679 and 680

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: December 2, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, NMFS amends 15 CFR chapter IX and 50 CFR chapter VI as follows:

TITLE 15—COMMERCE AND FOREIGN TRADE

CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

PART 902—NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

1. The authority citation for part 902 continues to read as follows:

Authority:

44 U.S.C. 3501
et seq.

2. In § 902.1, in the table in paragraph (b), under the entry “50 CFR”:
A. Remove entries for “679.5(b), (c), (d), (g), (h), (i), (j), (k) and (m)”; “679.5(e), (f), and (o)”; “679.5(l)(1), (l)(2), (l)(3), and (l)(5)”; “679.5(l)(3)(i), (l)(4)”; “679.24(e)”; “679.28(b) and (d)”; “679.28(f)”; “679.32(c)”; “679.61(c) and (f)”; “679.61(d) and (e)”; “679.62(b)(3) and (c)”; “679.63(a)(2)”; “680.5”; “680.23(e), (f), (g), and (h)”; “680.44(a), (b), (c), (d), (e)”; and “680.44(f)”.

B. Add entries in alphanumeric order for “679.5(b), (h), and (k)”; “679.5(c)”; “679.5(d)”; “679.5(e) and (f)”; “679.5(g)”; “679.5(l)(1) through (l)(5)”; “679.5(o)”; “679.27(j)(5)”; “679.28(a)”; “679.28(b), (c), (d), and (e)”; “679.28(h)”; “679.32(c) and (e)”; “679.61(c), (d), (e), and (f)”; “679.62”; “679.63”; “680.5(a) and (h) through (l)”; “680.5(b)”; “680.5(e) and (f)”; “680.5(g)”; “680.5(m)”; “680.23(e), (f), and (g)”; and “680.44”.

C. Revise entries for “679.5(r)”; “679.5(s)”; “679.32(d)”; “679.32(f)”; and “679.43”.

The additions and revisions read as follows:

§ 902.1
OMB control numbers assigned pursuant to the Paperwork Reduction Act.

(b) * * *

CFR part or section where the information collection requirement is located
Current OMB control number (all numbers begin with 0648-)

* * * * * * *

50 CFR

* * * * * * *

679.5(b), (h), and (k)
-0213

679.5(c)
-0213, -0272, -0330, -0513, and -0515

679.5(d)
-0213, -0272, and -0513

679.5(e) and (f)
-0213, -0272, -0330, -0401, -0513, and -0515

679.5(g)
-0213, -0272, and -0330

679.5(l)(1) through (l)(5)
-0272

* * * * * * *

679.5(o)
-0401

* * * * * * *

679.5(r)
-0213, -0445, and -0545

679.5(s)
-0213, -0445, and -0565

* * * * * * *

679.27(j)(5)
-0213, -0330, and -0565

679.28(a)
-0213 and -0330

679.28(b), (c), (d), and (e)
-0330

* * * * * * *

679.28(h)
-0213 and -0515

* * * * * * *

679.32(c) and (e)
-0213 and -0269

679.32(d)
-0213, -0269 and -0330

679.32(f)
-0213, -0269, and -0272

* * * * * * *

679.43
-0272, -0318, -0334, -0398, -0401, -0545, -0565, and -0569

* * * * * * *

679.61(c), (d), (e), and (f)
-0401

679.62
-0393

679.63
-0213 and -0330

* * * * * * *

680.5(a) and (h) through (l)
-0213

680.5(b)
-0515

680.5(e) and (f)
-0570

680.5(g)
-0514

* * * * * * *

680.5(m)
-0514

* * * * * * *

680.23(e), (f), and (g)
-0330

* * * * * * *

680.44
-0514

* * * * * * *

TITLE 50—WILDLIFE AND FISHERIES

CHAPTER VI—FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

3. The authority citation for part 679 is revised to read as follows:

Authority:

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

4. In § 679.2:
A. Add in alphabetical order definitions for “At-sea operation”, “eLandings”, “Interagency electronic reporting system (IERS)”, “Maximum retainable amount (MRA)”, “Non-IFQ groundfish”, “Non-individual entity”, “Permit”, “Shoreside processor electronic logbook report (SPELR)”, “Single geographic location”, “User”, “User identification (UserID)”, and “Week-ending date”.

B. Revise the definitions of “Active/inactive periods”, “Associated processor”, “Gear deployment (or to set gear)”, “Gear retrieval (or to haul gear)”, “Haul”, “Prohibited species catch (PSC)”, and “Tender vessel”.

The additions and revisions read as follows:

§ 679.2
Definitions.

Active/inactive periods
means for longline or pot gear catcher vessel, see § 679.5(c)(3)(iv)(A)(
1
); for longline or pot gear catcher/processor, see § 679.5(c)(3)(iv)(B)(
1
); for trawl gear catcher vessel, see § 679.5(c)(4)(iv)(A)(
1
); for trawl gear catcher/processor, see § 679.5(c)(4)(iv)(B)(
1
); for shoreside processor or SFP, see § 679.5(c)(5)(ii); for mothership, see § 679.5(c)(6)(iv).

Associated processor
means:

(1)
Relationship with a buying station.
A mothership or catcher/processor issued an FFP, or a shoreside processor or SFP issued an FPP, with a contractual relationship with a buying station to conduct groundfish buying station activities for that processor.

(2)
Relationship with a custom processor.
A mothership or catcher/processor issued an FFP or a shoreside processor or SFP issued an FPP, with a contractual relationship with a custom processor to process groundfish on its behalf.

At-sea operation
means, for purposes of eLandings, a catcher/processor or mothership that is receiving and/or processing fish in State waters and/or in waters of the EEZ off the coast of Alaska.

eLandings
means the Internet data entry system or desktop client components of the Interagency Electronic Reporting System (IERS) for reporting commercial fishery landings and production from waters off Alaska.

Gear deployment (or to set gear)
(see § 679.5(c)(3)(vi)(B) for longline and pot gear; see § 679.5(c)(4)(vi)(B) for trawl gear).

Gear retrieval (or to haul gear)
(see § 679.5(c)(3)(vi)(C) for longline and pot gear; see § 679.5(c)(4)(vi)(C) for trawl gear).

Haul
means the retrieval of trawl gear which results in catching fish or which does not result in catching fish; a test of trawl gear; or when non-functional gear is pulled in, even if no fish are harvested. All hauls of any type need to be recorded and numbered throughout the year, whether or not fish are caught.

Interagency electronic reporting system (IERS)
means an interagency electronic reporting system that allows fishery participants to use the Internet or desktop client software named eLandings to enter landings and production data for appropriate

distribution to the ADF&G, IPHC, and NMFS Alaska Region (see § 679.5(e)).

Maximum retainable amount (MRA)
(see § 679.20(e)).

Non-IFQ groundfish
means groundfish, other than IFQ sablefish.

Non-individual entity
means a person who is not an individual or “natural” person; it includes corporations, partnerships, estates, trusts, joint ventures, joint tenancy, and any other type of “person” other than a natural person.

Permit
means documentation granting permission to fish and includes “license” as a type of permit.

Prohibited species catch (PSC)
means any of the species listed in Table 2b to this part.

Shoreside processor electronic logbook report (SPELR)
(discontinued, see definition of “eLandings” under this section).

Single geographic location
(see § 679.4(l)(5)(iii)).

Tender vessel
(see also the definition of “buying station” under this section) means a vessel that is used to transport unprocessed fish or shellfish received from another vessel to an associated processor.

User
means, for purposes of IERS and eLandings, an individual representative of a Registered Buyer; a Registered Crab Receiver; a mothership or catcher/processor that is required to have a Federal Fisheries Permit (FFP) under § 679.4; a shoreside processor or SFP and mothership that receives groundfish from vessels issued an FFP under § 679.4; any shoreside processor or SFP that is required to have a Federal processor permit under § 679.4; and his or her designee(s).

User identification (UserID)
, for purposes of IERS and eLandings, means the string of letters and/or numbers that identifies the individual and gives him or her authorization to view and submit reports for specific operations or to otherwise use eLandings. To facilitate the management of Users and privileges and to provide for data security, a separate UserID is issued to each individual.

Week-ending date
means the last day of the weekly reporting period which ends on Saturday at 2400 hours, A.l.t., except during the last week of each calendar year, when it ends at 2400 hours, A.l.t., December 31.

5. In § 679.4:
A. Paragraph (a)(4) is removed and reserved.

B. Paragraphs (a)(1)(i)(A), (a)(1)(iv)(A), (a)(1)(iv)(B), (a)(3)(i), (a)(3)(iii), (b) heading, (b)(3), (b)(4), (b)(5) heading, (b)(5)(iv), (e)(2), (e)(3), (f) heading, (f)(2), (f)(3), (f)(4), (g)(1), (k) heading, and (l)(1)(iv) are revised.

C. Paragraphs (a)(1)(vii)(C), (a)(1)(xiv), (a)(9), (b)(5)(vi)(C), (d)(1)(iii), (d)(2)(iv), (d)(3)(v), (k)(6)(x), (l)(1)(ii)(C), and (l)(5)(ii) are added.

The revisions and additions read as follows:

§ 679.4
Permits.
(a) * * *

(1) * * *

If program permit or card type is:
Permit is in effect from issue date through the end of . . .
For more information, see . . .

(i) * * *

(A) Registered buyer
Until expiration date shown on permit
Paragraph (d)(3)(ii) of this section

* * * * * * *

(iv) * * *

(A) Federal fisheries
Until expiration date shown on permit
Paragraph (b) of this section

(B) Federal processor
Until expiration date shown on permit
Paragraph (f) of this section

* * * * * * *

(vii) * * *

(C) Scallop license
Indefinite
Paragraph (g) of this section

* * * * * * *

(xiv) Crab Rationalization Program permits
see § 680.4 of this chapter
§ 680.4 of this chapter

(A) Crab Quota Share permit
Indefinite
§ 680.4(b) of this chapter

(B) Crab Processor Quota Share permit
Indefinite
§ 680.4(c) of this chapter

(C) Crab Individual Fishing Quota (IFQ) permit
Specified fishing year
§ 680.4(d) of this chapter

(D) Crab Individual Processor Quota (IPQ) permit
Specified fishing year
§ 680.4(e) of this chapter

(E) Crab IFQ hired master permit
Specified fishing year
§ 680.4(g) of this chapter

(F) Registered Crab receiver permit
Specified fishing year
§ 680.4(i) of this chapter

(G) Federal crab vessel permit
Specified fishing year
§ 680.4(k) of this chapter

(H) Crab harvesting cooperative IFQ permit
Specified fishing year
§ 680.21(b) of this chapter

(3) * * *

(i) A person may obtain an application for a new permit or for renewal or revision of an existing permit for any of the permits under this section and must submit forms to NMFS as instructed in application instructions. With appropriate software, all permit applications may be completed online and printed from the Alaska Region website at
http://alaskafisheries.noaa.gov
.

(iii) The operator, manager, Registered Buyer, or Registered Crab Receiver must obtain a separate permit for each applicant, facility, or vessel, as appropriate to each Federal permit in

this section (§ 679.4) and retain a copy of each permit application, whether the application is requesting an initial permit or renewing or revising an existing permit.

(9)
Permit surrender.
The Regional Administrator will recognize the voluntary surrender of a permit issued in this section, § 679.4, if a permit may be surrendered and it is submitted by the person named on the permit, owner of record, or agent. Submit the original permit to Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802, by certified mail or other method that provides written evidence that NMFS Alaska Region received it. The receiving date of signature by NMFS staff is the date the permit was surrendered.

(b)
Federal fisheries permit (FFP)

(3)
Vessel operations categories.
An FFP authorizes a vessel owner to deploy a vessel to conduct operations in the GOA or BSAI under the following categories: Catcher vessel, catcher/processor, mothership, tender vessel, or support vessel. A vessel may not be operated in a category other than as specified on the FFP, except that a catcher vessel, catcher/processor, mothership, or tender vessel may be operated as a support vessel.

(4)
Duration
—(i)
Length of permit effectiveness.
An FFP is in effect from the effective date through the expiration date, unless it is revoked, suspended, surrendered in accordance with paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter.

(ii)
Surrendered permit.
An FFP permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An FFP may be reissued to the permit holder of record in the same fishing year in which it was surrendered. Contact NMFS/RAM by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(iii)
Amended permit.
An owner or operator, who applied for and received an FFP, must notify NMFS of any change in the permit information by submitting an FFP application found at the NMFS website at
http://alaskafisheries.noaa.gov
as instructed on the application form. Upon receipt and approval of a permit amendment, the Program Administrator, RAM, will issue an amended FFP.

(5)
Contents of an FFP application.
* * *

(iv)
Area and gear information.
Indicate the type of vessel operation. If catcher/processor or catcher vessel, indicate only the gear types used for groundfish fishing. If the vessel is a catcher/processor under 125 ft (18.3 m) LOA that is intended to process GOA inshore pollock or GOA inshore Pacific cod, mark the box for a GOA inshore processing endorsement.

(vi) * * *

(C) Selections for species endorsements will remain valid until an FFP is amended to remove those endorsements or the permit with these endorsements is surrendered or revoked.

(d) * * *

(1) * * *

(iii) An IFQ permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An annual IFQ permit will not be reissued in the same fishing year in which it was surrendered, but a new annual IFQ permit may be issued to the quota share holder of record in a subsequent fishing year. Contact NMFS/RAM for more information locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(2) * * *

(iv) An IFQ hired master permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An IFQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(3) * * *

(v) A Registered Buyer permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A Registered Buyer permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(e) * * *

(2)
Halibut CDQ permit.
The CDQ group must obtain a halibut CDQ permit issued by the Regional Administrator. The vessel operator must have a copy of the halibut CDQ permit on any fishing vessel operated by, or for, a CDQ group that will have halibut CDQ onboard and must make the permit available for inspection by an authorized officer. The halibut CDQ permit is non-transferable and is issued annually until revoked, suspended, surrendered, or modified. A halibut CDQ permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. The halibut CDQ permit will not be reissued in the same fishing year in which it was surrendered, but a new annual halibut CDQ permit may be issued in a subsequent fishing year to the CDQ group entitled to a CDQ halibut allocation. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(3) An individual must have onboard the vessel a legible copy of his or her halibut CDQ hired master permit issued by the Regional Administrator while harvesting and landing any CDQ halibut. Each halibut CDQ hired master permit will identify a CDQ permit number and the individual authorized by the CDQ group to land halibut for debit against the CDQ group's halibut CDQ. A halibut CDQ hired master permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A halibut CDQ hired master permit may be reissued to the permit holder of record in the same fishing year

in which it was surrendered. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(f)
Federal processor permit (FPP)

(2)
Contents of an FPP application.
To obtain an FPP, the owner must complete an FPP application and provide the following information (see paragraphs (f)(2)(i) through (v) of this section for each SFP and shoreside processor plant to be permitted):

(i)
New or amended permit.
Indicate whether application is for a new or amended FPP; and if an amended permit, provide the current FPP number. Indicate whether application is for a shoreside processor or an SFP.

(ii)
Owner information.
Indicate the name(s), permanent business mailing address, business telephone number, business fax number, and business email address of all owners, and if applicable, the name of any person or company (other than the owner) who manages the operations of the shoreside processor or SFP.

(iii)
SFP information.
Indicate the vessel name; whether this is a vessel of the United States; USCG documentation number; ADF&G vessel registration number; ADF&G processor code; the vessel's LOA (ft); registered length (ft); gross tonnage; net tonnage; shaft horsepower; homeport (city and state); and whether choosing to receive a GOA inshore processing endorsement. A GOA inshore processing endorsement is required in order to process GOA inshore pollock and GOA inshore Pacific cod.

(iv)
Shoreside processor information.
Indicate the shoreside processor's name; permanent business mailing address; physical location of plant at which the shoreside processor is operating (street, city, state, zip code); whether the shoreside processor is replacing a previous processor at this facility (YES or NO, and if YES, name of previous processor); whether multiple processing businesses are using this plant; whether the owner named in paragraph (f)(2)(ii) of this section owns this plant; ADF&G processor code; business telephone number; business fax number; and business e-mail address.

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

(3)
Issuance.
Upon receipt of a properly completed permit application, the Regional Administrator will issue a Federal processor permit required by this paragraph (f).

(4)
Duration
—(i)
Length of effectiveness.
An FPP is in effect from the effective date through the date of permit expiration, unless it is revoked, suspended, surrendered in accordance with paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter.

(ii)
Surrendered permit.
An FPP may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An FPP may be reissued to the permit holder of record in the same fishing year in which it was surrendered. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(iii)
Amended permit.
An owner or operator, who applied for and received an FPP, must notify NMFS of any change in the permit information by submitting an FPP application found at the NMFS website at
http://alaskafisheries.noaa.gov
. The owner or operator must submit the application as instructed on the application form. Upon receipt and approval of a permit amendment, the Program Administrator, RAM, will issue an amended FPP.

(g) * * *

(1)
General requirements.
(i) In addition to the permit and licensing requirements prescribed in this part, each vessel within the EEZ off Alaska that is catching and retaining scallops, must have an original scallop LLP license onboard at all times it is catching and retaining scallops. This scallop LLP license, issued by NMFS, authorizes the person named on the license to catch and retain scallops in compliance with State of Alaska regulations and only with a vessel that does not exceed the maximum LOA specified on the license and the gear designation specified on the license.

(ii) A scallop LLP license may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A surrendered scallop LLP license will cease to exist and will not be subsequently reissued. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(k)
Licenses for license limitation (LLP) groundfish or crab species

(6) * * *

(x)
Surrender of groundfish or crab LLP.
A groundfish or crab LLP license may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A surrendered groundfish or crab LLP license will cease to exist and will not be subsequently reissued. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

(l) * * *

(1) * * *

(ii) * * *

(C)
Surrender of AFA permits.
Except for AFA inshore processor permits, AFA permits may not be surrendered.

(iv)
Amended permits.
AFA vessel and processor permits may not be used on or transferred to any vessel or processor that is not listed on the permit. However, AFA permits may be amended by NMFS to reflect any change in the ownership of the vessel or processor after submittal of this information to NMFS in a written letter.

(5) * * *

(ii)
Surrender of permit.
An AFA inshore processor permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. The AFA inshore processor permit will not be reissued in the same fishing year in which it was surrendered, but may be reapplied for and if approved, reissued to the permit holder of record in a subsequent fishing year. Contact NMFS/RAM for more information by telephone, locally at 907-586-7202 (Option #2) or toll-free at 800-304-4846 (Option #2).

6. In § 679.5:
A. Paragraphs (j) and (m) are removed and reserved.
B. Paragraphs (a) through (f), (g)(1) introductory text, (h), (i), (l)(1)(iv), and (l)(2) are revised.
The revisions read as follows:

§ 679.5
Recordkeeping and reporting (R&R).

(a)
General R&R requirements.
R&R requirements include, but are not limited to, paper and electronic documentation, logbooks, forms, reports, receipts, computer printouts, and requests for inspection described in this section and in § 679.28.

(1)
Groundfish logbooks and forms.
(i) The Regional Administrator will prescribe and provide groundfish logbooks required under this section. All groundfish forms required under this section are available from the Alaska Region website at
http://alaskafisheries.noaa.gov
or may be

requested by calling the Sustainable Fisheries Division at 907-586-7228 or faxing 907-586-7465. The forms may be completed online, printed, and mailed or faxed to NMFS at the address or fax number shown on the form. The forms also may be completed online, saved as a file, and submitted to NMFS as an attachment to an e-mail to the e-mail address shown on the form.

(ii)
Current editions.
The operator must use the current edition of the logbooks and current format of the forms. Upon approval from the Regional Administrator NMFS-approved electronic versions of the forms may be used. Upon written notification and approval by the Regional Administrator, logbooks from the previous year may be used.

(iii)
Management program defined.
A “management program” is a unique fishery program with a specific management strategy and/or allocation. Harvest that occurred under the management programs listed in the following table must be recorded separately in the logbooks, forms, and eLandings.

If harvest made under . . . program
Record the . . .
For more information, see . . .

(A) Western Alaska Community Development Quota (CDQ)
CDQ group number
subpart C of this part

(B) Exempted Fishery
Exempted fishery permit number
§ 679.6

(C) Research Fishery
Research fishery permit number
§ 600.745(a) of this chapter

(D) Aleutian Islands Pollock (AIP)
n/a
subpart F of this part

(E) Open access (OA)
[for recording in eLandings only]
paragraph (e) of this section

(2)
Responsibility.
(i) The operator of a catcher vessel, catcher/processor, mothership, or buying station receiving groundfish from a catcher vessel and delivering to a mothership (hereafter referred to as the operator) and the manager of a shoreside processor, SFP, or buying station receiving groundfish from a catcher vessel and delivering to a shoreside processor or SFP (hereafter referred to as the manager) are each responsible for complying with the applicable R&R requirements in this section and in § 679.28.

(ii) The owner of a vessel, shoreside processor, SFP, or buying station is responsible for compliance and must ensure that the operator, manager, or representative (see paragraph (b) of this section) complies with the applicable R&R requirements in this section and in § 679.28.

(iii) The IFQ permit holder, IFQ hired master permit holder, or Registered Buyer must comply with the R&R requirements provided at paragraphs (e), (g), (k), and (l) of this section.

(iv) The CDQ permit holder, CDQ hired master permit holder, or Registered Buyer must comply with the R&R requirements provided at paragraphs (e), (g), (k), and (l)(1) through (6) of this section.

(3)
Fish to be recorded and reported.
The operator or manager must record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part) and forage fish (see Table 2c to this part). The operator or manager may record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for non-groundfish (see Table 2d to this part):

(i) Harvest information;

(ii) Receipt information from catcher vessels and buying stations, including fish received from vessels not required to have an FFP; and fish received under contract for handling or processing for another processor;

(iii) Discard or disposition information, including fish reported but not delivered to the operator or manager, e.g., fish used onboard a vessel, when receiving catch from a catcher vessel or buying station; and

(iv) Transfer information, including fish transferred out of the facility or off the vessel.

(4)
Exemptions
—(i)
Catcher vessels less than 60 ft (18.3 m) LOA.
Except for the vessel activity report described at paragraph (k) of this section, the owner or operator of a catcher vessel less than 60 ft (18.3 m) LOA is not required to comply with the R&R requirements of this section.

(ii)
Catcher vessels that take groundfish in crab pot gear for use as crab bait on that vessel.
(A) Owners or operators of catcher vessels who, when crab is open anywhere or in the same area as an open crab season, take groundfish in crab pot gear for use as crab bait onboard their same vessels, and the bait is neither transferred nor sold, are not required to comply with R&R requirements of this section.

(B) This exemption does not apply to fishermen who:

(
1
) Catch groundfish for bait during an open crab season and sell that groundfish or transfer it to another vessel, or

(
2
) Participate in a directed fishery for groundfish using any gear type during periods that are outside an open crab season for use as crab bait onboard their vessel.

(C) No groundfish species listed by NMFS as “prohibited” in a management or regulatory area may be taken in that area for use as bait.

(5)
Inspection and retention of records
—(i)
Inspection of records.
The operator or manager must make available for inspection the R&R documentation in this section and in § 679.28 upon the request of an authorized officer.

(ii)
Retention of records.
The operator or manager must retain the R&R documentation described in this section and in § 679.28:

(A)
On site.
Retain these records on site at the shoreside processor or SFP, or onboard the vessel until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded in the R&R documentation are retained.

(B)
For 3 years.
Retain these records for 3 years after the end of the fishing year during which the records were made.

(6)
Maintenance of records.
The operator or manager must maintain all records described in this section and in § 679.28 in English and in a legible, timely, and accurate manner, based on Alaska local time (A.l.t.); if handwritten, in indelible ink; if computer-generated, as a legible printed paper copy.

(7)
Custom processing.
The manager of a shoreside processor or SFP or the operator of a mothership must record products that result from custom processing for another person in eLandings consistently throughout a

fishing year using one of the following two methods:

(i)
Combined records.
Record landings, discards or dispositions, and products of custom-processed groundfish routinely in eLandings using processor name, FFP or FPP number, and ADF&G processor code; or

(ii)
Separate records.
Record landings, discards or dispositions, and products of custom-processed groundfish in eLandings identified by the name, FPP number or FFP number, and ADF&G processor code of the associated business entity.

(b)
Representative.
The operator of a catcher vessel, mothership, catcher/processor, or buying station delivering to a mothership or manager of a shoreside processor, SFP, or buying station delivering to a shoreside processor or SFP may identify one contact person to complete the logbook and forms and to respond to inquiries from NMFS. Designation of a representative under this paragraph (b) does not relieve the owner, operator, or manager of responsibility for compliance under paragraphs (a)(1) through (6) of this section.

(c)
Logbooks
—(1)
Requirements
—(i)
Use of two or more vessel logbooks of same gear type.
If using more than one logbook of the same gear type in a fishing year onboard a vessel, the operator must ensure that the page numbers follow the consecutive order of the previous logbook.

(ii)
Use of two or more vessel logbooks of different gear types.
If two or more different gear types are used onboard a vessel in a fishing year, the operator(s) of this vessel must use the same number of separate vessel logbooks for the different gear types, each separately paginated.

(iii)
Two vessel logbooks for pair trawl.
If two vessels are dragging a trawl between them (pair trawl), the operator of each vessel must maintain a separate logbook to record the amount of the catch retained and fish discarded by that vessel. Each of the two logbooks must be separately paginated.

(iv)
Two logbooks of different operation.
If a vessel functions both as a mothership and as a catcher/processor in the same fishing year, the operator(s) must maintain two logbooks, a separate logbook for each operation type, each separately paginated.

(v)
Alteration of logbook information.
(A) Except as described in paragraph (c)(1)(v)(B) of this section, no person may alter or change any entry or record in a logbook.

(B) An inaccurate or incorrect entry or record must be corrected by lining out the original and inserting the correction, provided that the original entry or record remains legible. All corrections must be made in ink.

(vi)
Logsheet distribution and submittal.
(A) No person except an authorized officer may remove any original white logsheet of any logbook.

(B) The operator must distribute and submit logsheets as indicated in the following table:

Logsheet Distribution and Submittal
If logsheet color is ...
Logsheet found in these logbooks
CV lgl
CV trw
CP lgl
CP trw
MS
Submit to ...
Time limit

(
1
) White

X
X
X
X
X
Must retain, permanently bound in logbook

(
2
) Goldenrod

X
X
X
X
X
Observer
After signature of operator and prior to departure of observer from the vessel.

(
3
) Yellow

X
X
X
X
X

Must submit quarterly to:
NOAA Fisheries Office for Law Enforcement
Alaska Region Logbook Program
P.O. Box 21767
Juneau, AK 99802 1767
Telephone: 907-586-7225

On the following schedule:

1st quarter
by May 1 of that fishing year

2nd quarter
by August 1 of that fishing year

3rd quarter
by November 1 of that fishing year

4th quarter
by February 1 of the following fishing year

(
4
) Blue

X
X

Mothership, shoreside processor, SFP, or buying station that receives the harvest
Within 2 hours after completion of catch delivery

(
5
) Green

X

X

Optional, but may be required by IPHC (see §§ 300.60 through 300.65 of this chapter)
If required, after the vessel's catch is off-loaded

Note: CP = catcher/processor; CV = catcher vessel; lgl = longline; trw = trawl; MS = mothership.

(2)
Recording active and inactive time periods in the DFL or DCPL
—(i)
Account for each day of the fishing year.
The operator must account for each day of the fishing year, January 1 through December 31, in the DFL or DCPL and indicate whether the vessel or processor was active or inactive during the time period.

(A) An active period by fishing category is defined in the following paragraphs under this section:

Paragraph
Fishing Category

(c)(3)(iv)(A)(
1
)

Catcher vessel, longline or pot gear

(c)(3)(iv)(B)(
1
)

Catcher/processor, longline or pot gear

(c)(4)(iv)(A)(
1
)

Catcher vessel, trawl gear

(c)(4)(iv)(B)(
1
)

Catcher/processor, trawl gear

(c)(5)(ii)
Shoreside processor or SFP

(c)(6)(iv)
Mothership

(B) An inactive period is defined as a time period other than active.

(ii)
Record January 1 on page 1.
The operator must record the first day of the fishing year, January 1, on page one of the DFL or DCPL regardless of whether the vessel or processor was active or inactive. The operator must record time periods consecutively.

(iii)
Required information for inactive periods.
If inactive, the operator must record the following information (see paragraphs (c)(2)(iii)(A) through (F) of this section) on one logsheet in the DFL or DCPL:

(A) If a catcher vessel, vessel name, ADF&G vessel registration number, FFP number or Federal crab vessel permit number, operator printed name, operator signature, and page number.

(B) If a mothership or catcher/processor, record vessel name, ADF&G processor code, FFP number, operator printed name, operator signature, and page number.

(C) Mark “inactive.”

(D) Record the date (mm/dd) of the first day when inactive under “Start date.”

(E) Write brief explanation why inactive, e.g., bad weather or equipment failure. If inactive due to surrender of a FFP or FPP, write “surrender of permit” as the reason for inactivity.

(F) Record the date (mm/dd) of the last day when inactive under “End date.”

(iv)
Inactive two or more quarters.
If the inactive time period extends across two or more successive quarters, the operator must complete a logsheet for each inactive quarter. The first logsheet must indicate the first and last day of the first inactive quarter. Successive logsheets must indicate the first and last day of its respective inactive quarter.

(3)
Longline and pot gear catcher vessel DFL and catcher/processor DCPL
—(i)
Responsibility
—(A)
Groundfish fisheries.
(
1
) Except as described in paragraph (f)(1)(i) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b) and that is using longline or pot gear to harvest groundfish must maintain a longline and pot gear DFL.

(
2
) Except as described in paragraph (f)(1)(ii) of this section, the operator of a catcher/processor that is required to have an FFP under § 679.4(b) and that is using longline or pot gear to harvest groundfish must use a combination of catcher/processor longline and pot gear DCPL and eLandings to record and report daily processor identification information, catch-by-set information, groundfish production data, and groundfish and prohibited species discard or disposition data.

(B)
IFQ halibut, CDQ halibut, and IFQ sablefish fisheries.
(
1
) Except as described in paragraph (f)(1)(i) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA, using fixed gear (NMFS), setline (IPHC), or pot gear to harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA or BSAI, must maintain a longline and pot gear DFL.

(
2
) Except as described in paragraph (f)(1)(ii) of this section, the operator of a catcher/processor that is using longline or pot gear to harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA or BSAI must use a combination of catcher/processor longline and pot gear DCPL and eLandings to record and report daily processor identification information, catch-by-set halibut and sablefish landings data, and halibut, sablefish, and prohibited species discard or disposition data.

(C)
CR crab fisheries.
(
1
) The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, using pot gear to harvest CR crab from the BSAI must maintain a longline and pot gear DFL.

(
2
) The operator of a catcher/processor that is using pot gear to harvest CR crab from the BSAI must use a combination of catcher/processor longline and pot gear DCPL and eLandings to record and report daily processor identification information, CR crab landings data, and CR crab and prohibited species discard or disposition data.

(ii)
Data entry time limits
—(A)
Catcher vessel.
The operator of a catcher vessel using longline or pot gear must record in the DFL the information from the following table for each set within the specified time limit:

DATA ENTRY TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR
Required information
Time limit for recording

(
1
) Set number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ permit number, FFP number and/or Federal crab vessel permit number (if applicable), number of pots set, and estimated total hail weight for each set

Within 2 hours after completion of gear retrieval

(
2
) Discard and disposition information

By noon each day to record the previous day's discard and disposition information

(
3
) Submit the blue DFL to mothership, shoreside processor, SFP, or buying station receiving catch

Within 2 hours after completion of catch delivery

(
4
) All other required information

Within 2 hours after the vessel's catch is off-loaded, notwithstanding other time limits

(
5
) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(
6
) Submit goldenrod logsheet to the observer

After signature of operator and prior to departure of observer from the vessel.

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

DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR
Required information
Record In
DCPL
eLandings
Time limit for recording

(
1
) Set number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number, halibut CDQ permit number, halibut IFQ permit number, sablefish IFQ permit number, crab IFQ permit number, FFP number and/or Federal crab vessel permit number (if applicable), number of pots set, and estimated total hail weight for each set

X
X
Within 2 hours after completion of gear retrieval

(
2
) Discard and disposition information

X
By midnight each day to record the previous day's discard and disposition information

(
3
) Product information

X
By noon each day to record the previous day's production information

(
4
) All other required information

X
X
By noon of the day following completion of production

(
5
) Operator sign the completed logsheets

X
X
By noon of the day following the week-ending date of the weekly reporting period

(
6
) Submit goldenrod logsheet to the observer

X

After signature of operator and prior to departure of observer from the vessel

(iii)
Required information, if inactive.
See paragraph (c)(2) of this section.

(iv)
Required information, if active
—(A)
Catcher vessel, longline or pot gear.
(
1
) A catcher vessel using longline or pot gear is active when gear remains on the grounds in a reporting area (except reporting areas 300, 400, 550, or 690), regardless of the vessel location.

(
2
) If the catcher vessel identified in paragraph (c)(3)(i)(A)(
1
) of this section is active, the operator must record in the DFL, for one or more days on each logsheet, the information listed in paragraphs (c)(3)(v), (vi), (viii), (ix), and (x) of this section.

(
3
)
Retain and record discard quantities over the MRA.
When a catcher vessel is fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing but not in PSC status in that reporting area as described in § 679.20, the operator must retain and record up to and including the maximum retainable amount (MRA) for Pacific cod or rockfish as defined in Table 10 or 11 to this part. Quantities over this amount must be discarded and recorded as discard in the logbook.

(B)
Catcher/processor, longline or pot gear.
(
1
) A catcher/processor using longline or pot gear is active when processing or when all or part of the longline or pot gear is in the water.

(
2
) If the catcher/processor identified in paragraph (c)(3)(i)(A)(
2
) of this section is active, the operator must record in the DCPL the information listed in paragraphs (c)(3)(v) and (vi) of this section and must record in eLandings the information listed in paragraphs (c)(3)(v), (vii), (viii), and (x) of this section.

(
3
)
Retain and record discard quantities over the MRA.
When a catcher/processor is fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing but not in PSC status in that reporting area as described in § 679.20, the operator must retain and record up to and including the MRA for Pacific cod or rockfish as defined in Table 10 or 11 to this part. Quantities over this amount must be discarded and recorded as discard in eLandings.

(v)
Identification information
—(A)
Page number.
Number the pages in each logbook consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and continuing for the remainder of the fishing year.

(B)
Printed name and signature of operator.
The operator's name must be printed in the DFL or DCPL. The operator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility required in paragraph (a)(2) of this section

(C)
Vessel identification.
Name of vessel as displayed in official documentation; FFP number or Federal crab vessel permit number of the vessel; and ADF&G vessel registration number if a catcher vessel or ADF&G processor code if a catcher/processor.

(D)
Other permit numbers (if applicable).
IFQ permit number of the operator, if any, and each permit number of any IFQ permit on which anyone aboard is authorized to fish; groundfish CDQ group number; and halibut CDQ permit number.

(E)
Reporting area
—(
1
)
Groundfish.
Record the Federal reporting area code (see Figures 1 and 3 to this part) where gear retrieval was completed, regardless of where the majority of the set took place. Use a separate logsheet for each reporting area.

(
2
)
IFQ halibut and CDQ halibut.
Record the IPHC regulatory area (see Figure 15 to this part) where gear retrieval was completed, regardless of where the majority of the set took place.

(
3
)
CR crab.
Leave this field blank.

(F)
Crew size.
If a catcher vessel, record the number of crew members (including operator), excluding certified observer(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.

(G)
Gear type.
Use a separate logsheet for each gear type. From the following table, indicate the gear type used to harvest the fish and appropriate “gear ID.” In addition, if using hook-and-line gear, enter the alphabetical letter that coincides with the gear description. If gear information is the same on subsequent logsheets, mark the box instead of re-entering the gear type information on the next logsheet.

If gear type is ...
Then ...

(
1
) Other gear

If gear is other than those listed within this table, indicate “Other” and describe

(
2
) Pot gear

Enter the number of pots lost (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)) and number of pots set

(
3
) Hook-and-line gear

Indicate:

(
i
) Whether gear is fixed hook (conventional or tub), autoline, or snap (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter))

(
ii
) Length of skate to the nearest foot (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)), number of skates lost (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)), and number of skates set

(
iii
) Number of hooks per skate (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)), size of hooks, and hook spacing in feet

(
iv
) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part)

(H)
Management program.
Indicate whether harvest occurred under a management program (see paragraph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank.

(I)
Observer information.
Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s).

(vi)
Catch-by-set information.
The operator must record the following information (see paragraphs (c)(3)(vi)(A) through (L) of this section) for each set (see § 679.2) in the DFL or DCPL. If no catch occurred for a given day, write “no catch.”

(A)
Set number.
Sequentially by year.

(B)
Gear deployment (or to set gear)
—(
1
)
Hook-and-line gear begin position.
Record date (mm/dd), time (in military format, A.l.t.), and the begin position (in latitude and longitude to the nearest minute; indicate E or W for longitude) when the first hook-and-line gear of a set enters the water.

(
2
)
Jig or troll gear begin position.
Record date (mm/dd), time (in military format, A.l.t.), and the begin position (latitude and longitude to the nearest minute; indicate E or W for longitude) when the jig or troll gear enters the water.

(
3
)
Pot gear begin position.
Record date (mm/dd), time (in military format, A.l.t.), and the begin position (latitude and longitude to the nearest minute; indicate E or W for longitude) when the pot gear enters the water.

(C)
Gear retrieval (or to haul gear)
—(
1
)
Hook-and-line gear end position.
Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude), where the last hook-and-line gear of a set leaves the water, regardless of where the majority of the set took place.

(
2
)
Jig or troll gear end position.
Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude) where the jig or troll gear leaves the water.

(
3
)
Pot gear end position.
Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude) where the last pot of a set is retrieved, regardless of where the majority of the set took place.

(D)
Begin and end buoy or bag numbers.
(optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)).

(E)
Begin and end gear depths.
Recorded to the nearest fathom (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)).

(F)
Species codes.
The operator must record and report required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), and forage fish (see Table 2c to this part). The operator may record and report information for non-groundfish (see Table 2d to this part).

(G)
Target species code.
Enter the species code of the intended species to be harvested. Enter only one target species code.

(H)
Estimated total hail weight.
Enter the estimated hail weight, which is an estimate of the total weight of the entire catch without regard to species. Indicate whether weight is estimated to the nearest pound or to the nearest 0.001 mt.

(I)
IR/IU species (see § 679.27).
If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether weight is estimated to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, including species code and amount of catch. If more than one IR/IU species are to be recorded, the operator must use a separate line for each species.

(J)
IFQ halibut and CDQ halibut.
Estimated total net weight of IFQ halibut and CDQ halibut to the nearest pound.

(K)
IFQ sablefish.
Number and estimated total round weight of IFQ sablefish to the nearest pound. Indicate whether IFQ sablefish product is Western cut, Eastern cut, or round weight.

(L)
CR crab.
If in a CR crab fishery, record the number and scale weight of raw CR crab to the nearest pound.

(vii)
Product information, catcher/processor.
The operator of a catcher/processor using longline or pot gear must record groundfish product information for all retained groundfish in eLandings (see paragraph (e)(10) of this section).

(viii)
Discard or disposition information, catcher vessel.
The operator must record in a DFL the discard or disposition information that occurred prior to and during delivery to a buying station, mothership, shoreside processor, or SFP. Discard or disposition information must include the daily weight of groundfish, daily weight of herring PSC, and daily number of PSC animals. If no discard or disposition occurred for a given day, the operator must write “no discards or disposition.”

(A) Enter discard or disposition information by species codes and product codes as follows:

(
1
) Date (mm/dd) of discard or disposition (day that discard or disposition occurred).

(
2
) For whole fish discard or disposition of groundfish or Pacific herring PSC, daily estimated total weight, balance forward weight from the previous day, and cumulative total weight since last delivery for each species; indicate whether weight is estimated to the nearest pound or nearest 0.001 mt.

(
3
) For whole fish discard or disposition of each prohibited species (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs) record the daily estimated total number, balance forward from the previous day, and cumulative total number since the last delivery.

(
4
) Summarize the weekly cumulative discard and disposition totals of groundfish weights and number of PSC animals separately by reporting area, management program, and gear type. Determine the weekly cumulative total

by adding daily totals and the balance carried forward from the day before.

(B) The operator must record “0” or zero balance forward and start a new logsheet after the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip. Nothing shall be carried forward from the previous fishing trip.

(ix)
Discard or disposition information, catcher/processor.
The operator of a catcher/processor using longline or pot gear must record all discard or disposition information in eLandings (see paragraph (e)(10) of this section).

(x)
Catcher vessel delivery information.
The operator of a catcher vessel must enter the following information (see paragraphs (c)(3)(x)(A) through (D) of this section) for delivery to a buying station, mothership, shoreside processor, or SFP:

(A) Date (mm/dd) that delivery of harvest was completed.

(B) ADF&G fish ticket issued to operator by the recipient, Registered Buyer, or RCR receiving the delivery.

(C) Name of recipient, Registered Buyer, or RCR.

(D) For the unloading port, enter the name of the port or port code (see Tables 14a and 14b to this part) of delivery location.

(4)
Trawl gear catcher vessel DFL and catcher/processor DCPL
—(i)
Responsibility.
(A) Except as described in paragraph (f)(1)(iii) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b), and that is using trawl gear to harvest groundfish must maintain a trawl gear DFL, must complete one or more logsheets per day. Upon notification by the Regional Administrator, a DFL from the previous year may be used.

(B) Except as described in paragraph (f)(1)(iv) of this section, the operator of a catcher/processor that is required to have an FFP under § 679.4(b) and that is using trawl gear to harvest groundfish is required to use a combination of catcher/processor trawl gear DCPL and eLandings to record and report daily processor identification information, catch-by-haul landings information, groundfish production data, and groundfish and prohibited species discard or disposition data.

(ii)
Data entry time limits
—(A)
Catcher vessel.
The operator of a catcher vessel using trawl gear must record in the DFL the information in the following table for each haul within the specified time limit:

DATA ENTRY TIME LIMITS, CATCHER VESSEL TRAWL GEAR
Required information
Time limit for recording

(
1
) Haul number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ group number (if applicable), and total estimated hail weight for each haul

Within 2 hours after completion of gear retrieval

(
2
) Discard and disposition information

By noon each day to record the previous day's discard and disposition information

(
3
) Submit blue DFL to mothership, shoreside processor, SFP, or buying station receiving the catch

Within 2 hours after completion of catch delivery

(
4
) Record all other required information

Within 2 hours after the vessel's catch is off-loaded, notwithstanding other time limits

(
5
) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(
6
) Submit the goldenrod logsheet to the observer

After signature of operator and prior to departure of observer from the vessel.

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

DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Required information
Record In
DCPL
eLandings
Time limit for recording

(
1
) Haul number, time and date gear set, time and date gear hauled, begin and end positions of gear, CDQ group number (if applicable), and total estimated hail weight for each haul, or if required to use a NMFS approved scale, the scale weight for each haul

X
X

Except for Rockfish Pilot Program, within 2 hours after completion of gear retrieval.
For Rockfish Pilot Program, actual scale weight from the flow scale may be recorded within 24 hours after completion of gear retrieval.

(
2
) Discard and disposition information

X
By midnight each day to record the previous day's discard and disposition information

(
3
) Record product information

X
By noon each day to record the previous day's production information

(
4
) Record all other required information

X
X
By noon of the day following completion of production to record all other required information

(
5
) Operator sign the completed logsheets

X
X
By noon of the day following the week-ending date of the weekly reporting period

(
6
) Submit the goldenrod logsheet to the observer

X

After signature of operator and prior to departure of observer from the vessel.

(iii)
Required information, if inactive.
See paragraph (c)(2) of this section.

(iv)
Required information, if active
—(A)
Catcher vessel.
(
1
) A catcher vessel using trawl gear is active when all or part of the trawl net is in the water.

(
2
) If the catcher vessel identified in paragraph (c)(4)(i)(A) of this section is active, the operator must record for one day per logsheet in the DFL, the information described in paragraphs (c)(4)(v), (vi), (viii), and (x) of this section.

(B)
Catcher/processor.
(
1
) A catcher/processor using trawl gear is active when processing groundfish or when all or part of the trawl net is in the water.

(
2
) If the catcher/processor identified in paragraph (c)(4)(i)(B) of this section is active, the operator must record for one day per logsheet in the DCPL, the information described in paragraphs (c)(4)(v) and (vi) of this section and record in eLandings the information described in paragraphs (c)(4)(v), (vii), and (ix) of this section.

(v)
Identification information.
If active, the operator must record the following information (see paragraphs (c)(4)(v)(A) through (J) of this section):

(A)
Date.
Enter date of each day (mm/dd/yyyy). This date is also the date of gear deployment.

(B)
Page number.
Number the pages in each logbook consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and continuing for the remainder of the fishing year.

(C)
Printed name and signature of operator.
The operator's name must be printed in the DFL or DCPL. The operator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility required in paragraph (a)(2) of this section. The operator's signature is due by noon of the day following the week-ending date of the weekly reporting period.

(D)
Vessel identification.
Name of vessel as displayed in official documentation; FFP number of the vessel; ADF&G vessel registration number if a catcher vessel; and ADF&G processor code if a catcher/processor.

(E)
Federal reporting area.
Record the Federal reporting area code where gear retrieval was completed, regardless of where the majority of the set took place. Use a separate logsheet for each reporting area.

(F)
COBLZ or RKCSA.
If gear retrieval occurred in the COBLZ (see Figure 13 to this part) or RKCSA (see Figure 11 to this part) area within a reporting area, use two separate logsheets, the first to record the information from the reporting area that includes COBLZ or RKCSA, and the second to record the information from the reporting area that does not include COBLZ or RKCSA.

(G)
Crew size.
If a catcher vessel, record the number of crew members (including operator), excluding certified observer(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.

(H)
Gear type.
Use a separate logsheet for each gear type. Indicate whether pelagic trawl or non-pelagic trawl gear was used to harvest the fish.

(I)
Management program.
Indicate whether harvest occurred under one of the management programs (see paragraph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank.

(J)
Observer information.
Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s).

(vi)
Catch-by-haul information.
The operator must record the following information (see paragraphs (c)(4)(vi)(A) through (H) of this section) for each haul (see § 679.2). If no catch occurred for a given day, write “no catch.”

(A)
Haul number.
Number hauls sequentially by year.

(B)
Gear deployment (or to set gear).
Record the following information (see paragraphs (c)(4)(vi)(B)(
1
) and (
2
) of this section) for trawl gear deployment:

(
1
) The time (in military format, A.l.t.) when the trawl net enters the water, and

(
2
) The position (latitude and longitude to the nearest minute; indicate E or W for longitude) where the trawl net enters the water.

(C)
Gear retrieval (or to haul gear).
Record the following information (see paragraphs (c)(4)(vi)(C)(
1
) and (
2
) of this section) for trawl gear retrieval:

(
1
) The date (mm/dd) and time (in military format, A.l.t.) when retrieval of trawl gear cable begins.

(
2
) The position (in latitude and longitude to the nearest minute; indicate E or W for longitude) where retrieval of trawl gear cable begins.

(D)
Average sea depth and average gear depth.
Average sea depth and average gear depth; indicate whether average is reported to the nearest meter or fathom.

(E)
Species codes.
The operator must record and report the required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), and forage fish (see Table 2c to this part). The operator may also record and report the required information for non-groundfish (see Table 2d to this part).

(F)
Target species code.
Enter the species code of the species to be harvested. Enter only one target species code.

(G)
IR/IU species (see § 679.27).
If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, including species code and amount of catch. If more than one IR/IU species are to be recorded, the operator must use a separate line for each species.

(H)
Total estimated hail weight.
(
1
) If a catcher vessel or catcher/processor using trawl gear and not using NMFS-approved scales, the operator must record the hail weight of each haul; total hail weight is an estimate of the total weight of the entire catch without regard to species. Indicate whether estimated weight is to the nearest pound or to the nearest 0.001 mt.

(
2
) If a catcher/processor using trawl gear is required to use a NMFS-approved scale, the operator must record the scale weight of each haul

without regard to species. Indicate whether weight is to the nearest pound or to the nearest 0.001 mt.

(vii)
Product information, catcher/processor.
The operator of a catcher/processor using trawl gear must record all product information for all retained groundfish in eLandings (see paragraph (e)(10) of this section).

(viii)
Discard or disposition information, catcher vessel.
The operator must record in a DFL (see paragraphs (c)(4)(viii)(A) through (E) of this section) the discard or disposition that occurred prior to and during delivery to a buying station, mothership, shoreside processor, or SFP. If no discards or disposition occurred on a given day, write “no discards or disposition.”

(A)
Species code and product code.
Record the species code and product code for all discards and disposition of groundfish and PSC Pacific herring, Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs.

(B)
Discard and disposition weight.
Record the daily estimated total round weight of groundfish or Pacific herring PSC discards and disposition, balance forward weight from the previous day, and cumulative total weight since last delivery, calculated by adding the daily totals and balance carried forward from the day before; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt.

(C)
PSC discard numbers.
Record the daily number of PSC discards and disposition, balance forward from the previous day, and cumulative total number since last delivery of PSC animals (Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs).

(D)
Discard and disposition cumulative total.
Summarize cumulative discard and disposition totals of groundfish and PSC animals separately by reporting area, if harvest occurred in the COBLZ or RKCSA, management program, and gear type.

(E)
Discard zero balance forward.
After the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip, the operator must record the balance forward from the previous day as “zero” and start a new logsheet. At the beginning of each fishing trip, nothing shall be carried forward from the previous fishing trip.

(ix)
Discard or disposition information, catcher/processor.
The operator of a catcher/processor using trawl gear must record discard or disposition information in eLandings (see paragraph (e)(10) of this section).

(x)
Catcher vessel delivery information.
The operator must enter the following delivery information (see paragraphs (c)(4)(x)(A) through (C) of this section) for groundfish delivered to a buying station, mothership, shoreside processor, or SFP:

(A) Date (mm/dd) that delivery of harvest was completed,

(B) ADF&G fish ticket number issued to operator by the recipient receiving the delivery, and

(C) Name and ADF&G processor code of recipient.

(5)
Shoreside processor DCPL.
The shoreside processor DCPL has been replaced by eLandings and is no longer available. (See paragraph (e) of this section.)

(i)
Required information, if inactive.
See paragraph (c)(2) of this section.

(ii)
Required information, if active.
A shoreside processor or SFP is active when receiving or processing groundfish.

(6)
Mothership DCPL
—(i)
Responsibility.
Except as described in paragraph (f)(1)(v) of this section, the operator of a mothership that is required to have an FFP under § 679.4(b) and that receives or processes any groundfish from the GOA or BSAI from vessels issued an FFP under § 679.4(b) is required to use a combination of mothership DCPL and eLandings to record and report daily processor identification information, delivery information, groundfish production data, and groundfish and prohibited species discard or disposition data. The operator must enter into the DCPL any information for groundfish received from catcher vessel, groundfish received from processors for reprocessing or rehandling, and groundfish received from an associated buying station documented on a BSR.

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

DATA ENTRY TIME LIMITS, MOTHERSHIP
Required information
Record In
DCPL
eLandings
Time limit for recording

(A) All catcher vessel or buying station delivery information
X
X
Within 2 hours after completion of receipt of each groundfish delivery

(B) Product information

X
By noon each day to record the previous day's production

(C) Discard or disposition information

X
By noon each day to record the previous day's discard/disposition

(D) All other required information
X
X
By noon of the day following completion of production

(E) Operator sign the completed logsheets
X
X
By noon of the day following the week-ending date of the weekly reporting period

(F) Submit the goldenrod logsheet to the observer
X

After signed by the operator and prior to departure of observer from the mothership.

(iii)
Required information, if inactive.
See paragraph (c)(2) of this section.

(iv)
Required information, if active.
A mothership is active when receiving or processing groundfish. If the mothership identified in paragraph (c)(6)(i) of this section is active, the operator must record for one day per logsheet in the DCPL, the information described in paragraphs (c)(6)(v) and (vi) of this section and record in eLandings the information described in paragraphs (c)(6)(v), (vii), and (viii) of this section.

(v)
Identification information.
If active, the operator must record the following information (see paragraphs

(c)(6)(v)(A) through (J) of this section) in the DCPL:

(A)
Page number.
Number the pages in each logbook consecutively, beginning with page 1 for January 1 and continuing throughout the logbook for the remainder of the fishing year.

(B)
Printed name and signature of operator.
The operator's name must be printed in the DCPL. The operator must sign each completed DCPL logsheet as verification of acceptance of the responsibility required in paragraph (a)(2) of this section.

(C)
Vessel information.
Name of mothership as displayed in official documentation, FFP number, and ADF&G processor code.

(D)
Date.
Enter date (mm/dd/yyyy) of each operating day.

(E)
Crew size.
Record the number of crew members (including operator), excluding certified observer(s), on the last day of the weekly reporting period.

(F)
Gear type.
Indicate the gear type of harvester. If gear type is other than those listed, circle “Other” and describe. Use a separate logsheet for each gear type.

(G)
Federal reporting areas.
Record Federal reporting area code (see Figures 1 and 3 to this part) where harvest was completed. Use a separate logsheet for each reporting area.

(H)
COBLZ or RKCSA.
If groundfish was harvested with trawl gear in the COBLZ or RKCSA, use two separate logsheets to record the information: one logsheet for the reporting area that includes COBLZ or RKCSA, and a second logsheet to record the information from the reporting area that does not include COBLZ or RKCSA.

(I)
Observer information.
Record the number of observers aboard, the name(s) of the observer(s), and the observer cruise number(s).

(J)
Management program.
Indicate whether harvest occurred under one of the management programs (see paragraph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank.

(vi)
Delivery information.
The operator must record delivery information (see paragraphs (c)(6)(vi)(A) through (H) of this section) when unprocessed groundfish deliveries are received by the mothership from a buying station or a catcher vessel. If no deliveries are received for a given day, write “no deliveries.”

(A)
Type of delivery.
Enter “CV” or “BS” to indicate if delivery was from a catcher vessel or buying station, respectively.

(B)
Non-submittal of discard report.
Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the delivery was from a buying station, leave this column blank. If the blue logsheet is not received from the catcher vessel, enter “NO” and one of the response codes in the following table to describe the reason for non-submittal.

NON-SUBMITTAL OF DISCARD REPORT
CODE

(
1
) The catcher vessel does not have an FFP

“P”

(
2
) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP

“P”

(
3
) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP

“L”

(
4
) The catcher vessel delivered an unsorted codend

“U”

(
5
) Another reason; describe circumstances

“O”

(C)
Vessel identification.
Name and ADF&G vessel registration number of the catcher vessel or buying station (if applicable) delivering the groundfish.

(D)
Receipt time.
Record time (in military format, A.l.t.) when receipt of groundfish delivery was completed.

(E)
Beginning position of receipt.
Record the position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude) where receipt of the groundfish delivery began.

(F)
Estimated total groundfish hail weight.
Enter the estimated total hail weight of the combined species of each delivery from a catcher vessel or buying station. Total estimated hail weight is an estimate of the total weight of the entire catch without regard to species. Indicate whether the estimated weight is to the nearest pound or to the nearest 0.001 mt. If a catcher vessel reported discards on a blue DFL but did not deliver groundfish, enter “0” in this column.

(G)
IR/IU species (see § 679.27).
Enter the species code of IR/IU species and the estimated total round weight for each IR/IU species, if applicable; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, including species code and amount of catch. If more than one IR/IU species are to be recorded, the operator must use a separate line for each species.

(H)
ADF&G fish ticket numbers.
If receiving unprocessed groundfish from a catcher vessel, record the ADF&G fish ticket number that the mothership issued to each catcher vessel. If receiving unprocessed groundfish from an associated buying station, record the ADF&G fish ticket numbers issued by the buying station on behalf of the mothership to the catcher vessel.

(vii)
Product information.
The operator of a mothership must record all groundfish product information in eLandings (see paragraph (e)(10) of this section), including products made from unprocessed groundfish deliveries received from a buying station or a catcher vessel; groundfish received from another processor or other source; and groundfish received for custom processing (see paragraph (a)(7) of this section) by the mothership for another processor or business entity.

(viii)
Discard or disposition information.
The operator of a mothership must record discard and disposition information in eLandings (see paragraph (e)(10) of this section). The discard or disposition information must include:

(A) Discards and disposition that occurred onboard after receipt of groundfish from a catcher vessel or buying station;

(B) Discards and disposition that occurred prior to, during, and after processing of groundfish;

(C) Discards and disposition that were reported on a blue DFL received from a catcher vessel delivering groundfish;

(D) Discards and disposition that are recorded on a blue DFL received from a catcher vessel even though no groundfish are delivered; and

(E) Discards and disposition reported on a BSR received from a buying station delivering groundfish, if different from the blue DFL logsheets submitted by catcher vessels to the buying station.

(d)
Buying Station Report (BSR)
—(1)
Responsibility
—(i)
Separate BSR.
In addition to the information required at paragraphs (a)(5) and (6) of this section, the operator or manager of a buying station that receives or delivers groundfish harvested from the GOA or BSAI in association with a shoreside processor or SFP as defined in paragraph (c)(5) of this section or a mothership as defined in paragraph (c)(6) of this section, must complete and retain a separate BSR for each delivery of unprocessed groundfish or donated prohibited species received from a catcher vessel on behalf of an associated processor.

(ii)
BSR attachments.
The operator or manager must ensure that the following (see paragraphs (d)(1)(ii)(A) through (C) of this section) accompanies each groundfish delivery from the landing site to the associated processor:

(A) A complete and accurate BSR that describes the delivery;

(B) Any blue DFL logsheets or equivalent printed ELB discard reports received from a catcher vessel; and

(C) Copies of all ADF&G fish tickets issued to the catcher vessel on behalf of the associated processor.

(iii) The operator of a catcher vessel, by prior arrangement with an associated processor, may function as a buying station for his own catch as follows:

(A) By shipping his groundfish catch with a copy of the BSR directly to that processor via truck or airline in the event that the processor is not located where the harvest is offloaded; or

(B) By driving a truck that contains his catch and a copy of the BSR to the processor.

(2)
Data entry time limits.
The operator or manager of a buying station must record in the BSR all required information and sign the BSR within 2 hours of completion of delivery from a catcher vessel.

(3)
Required information, if inactive.
The operator or manager of a buying station is not required to record information if inactive.

(4)
Required information, if active.
A buying station is active when receiving, discarding, or delivering groundfish for an associated processor. The operator or manager of a buying station must record the following information (see paragraphs (d)(4)(i) through (x) of this section) on a BSR for each delivery:

(i)
Original/revised report.
If a BSR is the first submitted to the Regional Administrator for a given date, gear type, and reporting area, indicate “ORIGINAL REPORT.” If a report is a correction to a previously submitted BSR for a given date, gear type, and reporting area, indicate “REVISED REPORT.”

(ii)
Identification of buying station.
Enter name and ADF&G vessel registration number if a vessel; or name, license number, and state of license issuance if a vehicle. The name should be recorded as it is displayed in official documentation.

(iii)
Operator or manager name and signature.
The operator or manager must sign the completed BSR prior to delivery of harvest to a mothership, shoreside processor, or SFP. This signature is verification by the operator or manager of acceptance of the responsibility required in paragraphs (d)(1) and (2) of this section.

(iv)
Management program.
Indicate whether harvest occurred under a management program (see paragraph (a)(1)(iii) of this section). If harvest is not under one of the listed management programs, leave blank.

(v)
Gear type.
Indicate gear type of harvester.

(vi)
Federal reporting area.
Indicate Federal reporting area (see Figures 1 and 3 to this part) from which groundfish were harvested.

(vii)
Crab protection areas.
If harvester gear type was trawl and gear retrieval occurred in the COBLZ or RKCSA (see Figures 11 and 13 to this part), use two separate BSRs to record the information: one BSR for the reporting area that includes COBLZ or RKCSA, and a second BSR to record the information from the reporting area that does not include COBLZ or RKCSA.

(viii)
Associated processor.
Enter the name, ADF&G processor code, FFP number or FPP number of the associated processor, date (mm/dd/yyyy) and time (A.l.t., military format) delivery was completed.

(ix)
Catcher vessel delivery information
—(A)
Catcher vessel identification.
Name and ADF&G vessel registration number of catcher vessel making the delivery.

(B)
Non-submittal of discard report.
Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the blue logsheet is not received from the catcher vessel, enter “NO” and one of the following response codes to describe the reason for non-submittal.

NON-SUBMITTAL OF DISCARD REPORT
CODE

(
1
) The catcher vessel does not have an FFP

“P”

(
2
) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP

“P”

(
3
) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP

“L”

(
4
) The catcher vessel delivered an unsorted codend

“U”

(
5
) Another reason; describe circumstances

“O”

(C)
ADF&G fish ticket number.
Enter ADF&G fish ticket number issued to catcher vessel.

(D)
Species codes and scale weight.
In addition to recording the estimated total delivery weight or actual scale weight of a catcher vessel delivery, if the operator or manager of the buying station sorted the delivery prior to delivery to an associated processor, he or she may enter specific species code and scale weights of individual species to the BSR; indicate whether to the nearest pound or to the nearest 0.001 mt.

(E)
Estimated total groundfish hail weight.
Enter the estimated total groundfish hail weight or actual scale weight of delivery. Estimated total hail weight is an estimate of the total weight of the entire catch without regard to species. Indicate whether to the nearest pound or to the nearest 0.001 mt.

(x)
Discard and disposition information
—(A)
Discard.
The operator or manager of a buyi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE8-29625. Public record. Not legal advice.
