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CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 021213310-2310-01; I.D. 101702B]

RIN ID: RIN 0648-AP92

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Proposed rule; request for comments.

SUBJECT CATEGORY: Individual Fishing Quota (IFQ) Program for Pacific Halibut and Sablefish; Revisions to Recordkeeping and Reporting Requirements

DATES: Comments must be received at the following address no later than February 24, 2003.

DOCUMENT SUMMARY: NMFS proposes regulations to implement Amendment 72 to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (Amendment 72) and Amendment 64 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (Amendment 64) (collectively, Amendments 72/64). This action would revise certain recordkeeping and reporting requirements for the Individual Fishing Quota (IFQ) Program for fixed gear Pacific halibut and sablefish fisheries and the Western Alaska Community Development Quota (CDQ) Program for the Pacific halibut fishery. This action is necessary to improve IFQ fishing operations, while complying with IFQ Program requirements; to improve NMFS' ability to efficiently administer the program; and to improve the clarity and consistency of IFQ Program regulations. This action is intended to meet the conservation and management requirements of the Northern Pacific Halibut Act of 1982 (Halibut Act) with respect to halibut and of the MagnusonStevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., (MagnusonStevens Act) with respect to sablefish and to further the goals and objectives of the groundfish Fishery Management Plans (FMPs).

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Pacific halibut and sablefish,

SUPPLEMENTAL INFORMATION

NMFS manages the groundfish fisheries in the Exclusive Economic Zone (EEZ) off Alaska according to fishery management plans prepared by the North Pacific Fishery Management Council (Council) under the authority of the MagnusonStevens Act. The FMPs are implemented by regulations at 50 CFR part 679. General regulations that also pertain to these fisheries appear in subpart H to 50 CFR part 600.

Regulations codified at 50 CFR part 679 implement the IFQ Program, a limited access system for management of the Pacific halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear fisheries in and off Alaska.

[[Page 3486]]

The IFQ Program, a limited access management system for the fixed gear Pacific halibut and sablefish fisheries off Alaska, was approved by NMFS in January 1993 and fully implemented beginning in March 1995. The IFQ Program for the sablefish fishery is implemented by the FMPs and Federal regulations under 50 CFR part 679 under authority of the MagnusonStevens Act. The IFQ Program for the halibut fishery is implemented by Federal regulations promulgated under the authority of the Halibut Act. Further information on the rationale for and implementation of the IFQ Program is contained in the preamble to the final rule published in the Federal Register, November 9, 1993 (58 FR 59375). Regulations implementing the IFQ Program have been revised numerous times since 1993 to refine program operations.

This action would amend the regulatory text establishing Recordkeeping and Reporting (R&R) requirements for the groundfish fishery as well as the IFQ program requirements. Removal of the IFQ Shipment Report and of the IFQ Vessel Clearance would affect other IFQ procedures and formsthe IFQ Landing Report, IFQ Prior Notice of Landing (PNOL), and IFQ Departure Reportas well as definitions, groundfish R&R procedures and forms, the Product Transfer Report (PTR) and Vessel Activity Report (VAR). Revisions are made to the regulatory text to accommodate the procedural changes.

The need, justification, and economic impacts for the actions in this proposed rule, as well as impacts of the alternatives considered, were analyzed in the RIR/IRFA prepared for this action (see ADDRESSES).

The revisions to the regulations at 50 CFR part 679 are presented below in the order they appear in the regulations.

Section 679.2 Definitions

This action would revise the definitions: ``Authorized officer,'' ``Clearing officer,'' ``IFQ landing,'' and ``IFQ Registered Buyer.'' ``Authorized officer,'' would be revised to crossreference the definition of ``Authorized officer'' at 50 CFR 600.10.
Location Existing text Proposed text Definition for ``Authorized Authorized officer means, for Means: officer''. purposes of recordkeeping and (1) Any commissioned, warrant, or petty reporting, a NOAA special officer of the USCG; agent, a NOAA fishery (2) Any special agent or fishery enforcement enforcement officer or USCG officer of NMFS; fisheries enforcement personnel. (3) Any officer designated by the head of any Federal or State agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson Stevens Act or any other statute administered by NOAA; or (4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition. Definition for ``Clearing Means a NMFS special agent, a Means a NOAA Fisheries Office for Law officer''. NMFS fishery enforcement Enforcement (OLE) special agent, an OLE officer, or a NMFS enforcement fishery enforcement officer, or an OLE aide who performs the function enforcement enforcement aide. of clearing vessels at one of the primary ports listed in Table 14 to this part.
Definition for ``IFQ landing''.. Means the unloading or Means the unloading or transferring of any transferring of any IFQ IFQ halibut, CDQ halibut, IFQ sablefish, or halibut, IFQ sablefish, or products thereof from vessel that harvested produts thereof from the vessel such fish or the removal from the water of that harvested such fish or the a vessel containing IFQ halibut, CDQ removal from the water of a halibut, IFQ sablefish, or products vessel containing IFQ halbiut, thereof. IFQ sablefish, or products thereof.
Definition for ``IFQ permit Sec. 679.4(d)(3)(B)........... Sec. 679.4(d)(1). holder''.
Definition for ``IFQ Registered Sec. 679.4(d)(2).............. Sec. 679.4(d)(3). Buyer''.
Definition for ``Transfer''..... (2) IFQ/CDQ fisheries. Any (2) IFQ halibut, CDQ halibut, IFQ sablefish. loading, offloading, shipment Any loading, offloading, shipment or or receipt of any groundfish receipt of any IFQ halibut, CDQ halibut, product. IFQ sablefish product. Section 679.4(d) IFQ Permits

In response to the removal of ``Vessel Clearance'' and ``Shipment Report'' and to the revision of ``Departure Report,'' this action would reorganize the regulatory text in the IFQ permits section. Detailed changes to Sec. 679.4(d) are presented below:
Sec. 679.4 paragraph Redesignated as No change Revised Removed Added (d) heading..................... ...................... ............ X Introductory (d)(1)............. Introductory (d)......
(d)(1) heading.................. ...................... ............ X (d)(1)(i)....................... (d)(1)................ ............ X ............ (d)(4)(i)....................... (d)(1)(i).............
(d)(6)(i)....................... (d)(1)(ii)............ ............ X (d)(2) heading.................. ...................... ............ X (d)(4)(ii)...................... (d)(2)(i)............. ............ X (d)(1)(ii)...................... (d)(2)(ii)............ ............ X (d)(3)(i)(C).................... (d)(2)(iii)........... ............ X (d)(3) heading.................. ...................... ............ X (d)(2).......................... (d)(3)................
[[Page 3487]]
(d)(4)(iii)..................... (d)(3)(i)............. ............ X (d)(3)(i)(B).................... ...................... ............ ............ X Introductory (d)(2)............. (d)(3)(ii)............
(d)(2)(i)....................... (d)(3)(ii)(A).........
(d)(2)(ii)...................... (d)(3)(ii)(B).........
(d)(2)(iii)..................... (d)(3)(ii)(C)......... ............ X (d)(3)(ii)...................... (d)(3)(iii)........... ............ X (d)(3)(iv)...................... ...................... ............ ............ ............ X (d)(4) heading.................. ...................... ............ X (d)(3)(i)(A).................... (d)(4)................
(d)(5).......................... ...................... ............ X ............ (d)(6)(i)....................... ...................... ............ ............ X (d)(6)(ii)...................... (d)(6)(i)............. ............ X (d)(6)(iii)..................... (d)(6)(ii)............ ............ X (d)(7).......................... ...................... ............ X

Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text. Location Sec. 679.4 paragraph Existing text Proposed text (d) heading.......................... IFQ Permits. IFQ permits, IFQ cards, and IFQ Registered Buyer permits. (d)(1) heading....................... General. IFQ permit. (d)(1)(i)............................ (d)(4)(i) IFQ permit. An IFQ permit (d)(1)(i) An IFQ permit authorizes the person identified on the authorizes the person permit to harvest IFQ halibut or IFQ identified on the permit to sablefish from a specified IFQ regulatory harvest IFQ halibut or IFQ area at any time during an open fishing sablefish from a specified season during the fishing year for which IFQ regulatory area at any the IFQ permit is issued until the amount time during an open fishing harvested is equal to the amount season during the fishing specified under the permit, or until it year for which the IFQ is revoked, suspended, or modified under permit is issued until the 15 CFR part 904. amount harvested is equal to the amount specified under the permit, or until it is revoked, suspended, or modified under 15 CFR part 904. (d)(1)(ii)........................... (d)(1)(i) A copy of an IFQ permit that (d)(1)(ii) A legible copy of specifies the IFQ regulatory area and any IFQ permit that vessel category in which IFQ halibut or specifies the IFQ regulatory IFQ sablefish may be harvested by the IFQ area and vessel length permit holder; and overall from which IFQ (d)(6)(i) IFQ permit. A legible copy of halibut or IFQ sablefish may any IFQ permit issued under this section be harvested by the IFQ must be carried on board the vessel used permit holder must be by the permitted person to harvest IFQ carried on board the vessel halibut or IFQ sablefish at all times used by the permitted person that such fish are retained on board. to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board. (d)(2) heading....................... Registered buyer permit. IFQ card. (d)(2)(i)............................ (d)(4)(ii) IFQ card. An IFQ card (d)(2)(i) An IFQ card authorizes the individual identified on authorizes the individual the card to land IFQ halibut or IFQ identified on the card to sablefish for debit against the specified land IFQ halibut or IFQ IFQ permit until the card expires, or is sablefish for debit against revoked, suspended, or modified under 15 the specified IFQ permit CFR part 904, or cancelled on request of until the card expires, or the IFQ permit holder. is revoked, suspended, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder. (d)(2)(ii)........................... (d)(1)(ii) IFQ card. An original IFQ card (d)(2)(ii) An original IFQ issued by the Regional Administrator. card issued by the Regional (d)(6)(ii) IFQ card. Except as specified Administrator must be on in 679.42(d), an individual that is board the vessel that issued an IFQ card must remain aboard the harvests IFQ halibut or IFQ vessel used to harvests IFQ halibut or sablefish at all times that IFQ sablefish with that card during all such fish are retained on fishing operations until arrival at the board. Except as specified point of landing and during all IFQ in 679.42(d), an individual landings. that is issued an IFQ card must remain aboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card during the IFQ fishing trip and at the landing site during all IFQ landings. (d)(2)(iii).......................... (d)(3)(i)(C) IFQ card. Each IFQ card (d)(2)(iii) Each IFQ card issued by the Regional Administrator will issued by the Regional display an IFQ permit number and the Administrator will display individual authorized by the IFQ permit an IFQ permit number, the holder to land IFQ halibut or IFQ name of the individual sablefish for debit against the permit authorized by the IFQ permit holder's IFQ. holder to land IFQ halibut or IFQ sablefish for debit against the permit holder's IFQ. In addition, IFQ cards issued to hired masters representing permit holders per 679.42(i) and (j) will also display the ADF&G vessel identification number of the authorized vessel. (d)(3) heading....................... How do I obtain an IFQ permit, IFQ card, Registered Buyer permit. or Registered Buyer Permit? (d)(3)(ii)(C)........................ (d)(2)(iii) A vessel operator who obtains (d)(3)(ii)(C) A vessel a vessel clearance or submits a departure operator who submits a report (see 679.5(1)(5)(iv). Departure Report (see 679.5(l)(4)). (d)(3)(iii).......................... (d)(3)(ii) Registered Buyer permits. (d)(3)(iii) A Registered Registered buyer permits will be renewed Buyer permit is issued on a or issued annually by the Regional 3year cycle by the Regional Administrator to persons that have a Administrator to persons registered buyer application approved by that have a Registered Buyer the Regional Administrator. application approved by the Regional Administrator. [[Page 3488]]
(d)(4) heading....................... Duration. Issuance. (d)(5)............................... The IFQ permits issued under this section The quota shares and IFQ are not transferable, except as provided issued under this section under 679.41. IFQ cards and Registered are not transferable, except Buyer permits issued under this paragraph as provided under 679.41. (d) are not transferable. IFQ cards and Registered Buyer permits issued under this paragraph (d) are not transferable. (d)(6)(i)............................ (d)(6)(ii) IFQ card. Except as specified (d)(6)(i) IFQ permit and in Sec. 679.42(d), an individual who is card. The IFQ cardholder issued an IFQ card must remain aboard the must present a copy of the vessel used to harvest IFQ halibut or IFQ IFQ permit and the original sablefish with that card during all IFQ card for inspection on fishing operations until arrival at the request of any authorized point of landing and during all IFQ officer or Registered Buyer landings. The IFQ cardholder must present receiving IFQ species. a copy of the IFQ permit and the original Nothing in this paragraph IFQ card for inspection on request of any would prevent an individual authorized officer, clearing officer, or who is issued an IFQ card registered buyer purchasing IFQ species. from being absent from the Nothing in this paragraph would prevent vessel used to harvest IFQ an individual who is issued an IFQ card halibut or IFQ sablefish from being absent from the vessel used to from the time the vessel harvest IFQ halibut or IFQ sablefish arrives at the point of between the time the vessel arrives at landing and the commencement the point of landing until the of landing. commencement of landing. (d)(6)(ii)........................... (d)(6)(iii) Registered buyer permit. A (d)(6)(ii) Registered legible copy of the Registered Buyer Registered buyer permit. A permit must be present at the location of legible copy of the an IFQ landing and must be made available Registered Buyer permit must for inspection on request of any be present at the location authorized officer or clearing officer. of an IFQ landing and must be made available by the Registered Buyer's representative for inspection on request of any authorized officer. (d)(7)............................... Sec. 679.5(e)(7)(ii). Sec. 679.5(l)(7)(ii). Section 679.5(a)(15) IFQ/groundfish Transfer Document Comparison

In response to the removal of the IFQ Vessel Clearance and the IFQ Shipment Report, the regulatory text in Sec. 679.5(a)(15), the revised procedures for the Product Transfer Report, and the intext table that compares the transfer documents are reorganized and revised.

The introductory paragraph (a)(15) of this section would be revised to include an explanation of the ``X'' symbols in the body of the table.

The intext table would be restructured to provide for the removal of the IFQ Vessel Clearance and the IFQ Shipment Report. The columns across the top of the table are revised by removing the columns entitled: ``IFQ Vessel Clearance'' and ``IFQ Shipment Report,'' and adding columns entitled: ``IFQ Landing Report Receipt.'' Cross referencing paragraph numbers previously located within table columns are relocated to rows in the table for easier reading. New headings are added to indicate activity, e.g., submitting a report to NMFS, issuing a receipt to the public, and possessing a receipt. A new column heading ``SUBMITTAL'' would be added to group together those forms that require submittal to NMFS over the subheadings ``VAR,'' ``PTR,'' ``IFQ Trans shipment Authorization,'' and ``IFQ Departure Report.'' Another new column heading ``ISSUE'' would be placed over the subheading ``IFQ Dockside Sales Receipt.'' A third heading ``POSSESS'' would be placed over the subheading ``IFQ Landing Report Receipt.'' The rows of the table are revised as follows:

Sec. 679.5, paragraph Redesignated as No change Revised Removed Added (a)(15) heading................ ....................... ............ X ............ ............ (a)(15)(i)..................... ....................... ............ X ............ ............ (a)(15)(iii)................... (a)(15)(ii)............ ............ X ............ ............ (a)(15)(iv).................... (a)(15)(iii)........... ............ X ............ ............ (a)(15)(v)..................... (a)(15)(iv)............ ............ X ............ ............ (a)(15)(vi).................... (a)(15)(v)............. ............ X ............ ............ (a)(15)(vii)................... (a)(15)(vi)............ ............ X ............ ............ (a)(15)(vii)................... ....................... ............ ............ ............ X (a)(15)(viii).................. ....................... ............ X ............ ............ Section 679.5(g) Product Transfer Report (PTR)

Currently, the groundfish PTR is used to document movement of groundfish product from a shoreside facility or from a processor vessel, while the IFQ Shipment Report is used to document IFQ fish transfer from an IFQ Registered Buyer. This action would combine the groundfish PTR and the IFQ Shipment Report into one form, a revised PTR, that would be used to document transfer of nonIFQ groundfish, donated prohibited species, all halibut and all sablefish. Although a copy of the Shipment Report currently is required to accompany the IFQ shipment, the proposed action would remove this requirement when using a PTR.

The detailed changes to the regulations describing the PTR are presented below:

Sec. 679.5, paragraph Redesignated as No change Revised Removed Added (g) heading.................... ....................... ............ X ............ ............ (g)(2)(iii).................... (g)(1)................. ............ X ............ ............ [[Page 3489]]
(g)(1)(i), (ii), (iii), and ....................... ............ X ............ ............ (iv).
(g)(1)(v) heading.............. ....................... ............ ............ ............ X (g)(1)(v)(A)................... ....................... ............ ............ ............ X (l)(3)(iv)..................... (g)(1)(v)(B)........... ............ X ............ ............ (l)(3)(i)(D)................... (g)(1)(vi)............. ............ X ............ ............ Introductory (g)(2)............ ....................... ............ X ............ ............ (g)(2), (g)(2)(i), (ii), (iii). ....................... ............ X ............ ............ Introductory (g)(3)............ ....................... ............ ............ X ............ (g)(3)(i)...................... ....................... X ............ ............ ............ (g)(3)(ii)..................... ....................... ............ X ............ ............ (g)(3)(iii), (iv).............. ....................... ............ ............ X ............ (g)(4) heading................. ....................... ............ X ............ ............ (g)(4)(i)(A), (B).............. ....................... ............ ............ X ............ (g)(4)(ii)(A).................. Introductory (g)(4).... ............ X ............ ............ (g)(5), (g)(6)................. (g)(6), (g)(7)......... ............ ............ ............ ............ Introductory (g)(5)............ Introductory (g)(6).... ............ X ............ ............ (g)(5)(i)...................... (g)(6)(i).............. ............ X ............ ............ (g)(5)(v)...................... (g)(6)(ii)............. ............ X ............ ............ (g)(5)(ii)..................... (g)(6)(iii)............ ............ X ............ ............ (g)(5)(iii).................... (g)(6)(iv)............. ............ X ............ ............ (g)(5)(iv)..................... (g)(6)(v).............. ............ X ............ ............ (g)(6)(i)...................... (g)(7)(i).............. ............ X ............ ............ (g)(6)(ii)..................... (g)(7)(ii)............. ............ X ............ ............ New (g)(5) heading............. ....................... ............ ............ ............ X (g)(4)(ii)(B).................. ....................... ............ ............ X ............ (g)(4)(ii)(C).................. New introductory (g)(5) ............ X ............ ............ New (g)(5)(i), (ii), (iii), ....................... ............ ............ ............ X (iv).

The intext table (new paragraph (g)(5)(iv)) of this section would be revised by separating the information into more distinct categories by dividing the columns to read ``Receiver,'' ``Date & time of product transfer,'' ``Location of product transfer,'' and ``Mode of transportation and intended route.'' Existing information would be reformatted to fit within these columns.

Section 679.5(k) Vessel Activity Report (VAR)

The VAR documents whether a vessel has onboard any fish or fish products, regardless of species. The VAR is submitted to NMFS before the vessel crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.Canada international boundary between Alaska and British Columbia. This action would revise the procedure for interaction of the VAR with IFQ reports due to the removal of the IFQ Vessel Clearance and the IFQ Shipment Report.

Detailed changes in Sec. 679.5(k)(1) are presented below:

Sec. 679.5, paragraph Redesignated as No change Revised Removed Added Introductory (k)(1)............ (k)(1)(i).............. ............ X ............ ............ (k)(1)(i)...................... (k)(1)(ii)............. ............ X ............ ............ (k)(1)(ii)..................... (k)(1)(iii)............ ............ X ............ ............ (k)(1)(iv)..................... ....................... ............ X ............ ............

Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text. Location Sec. 679.5,
paragraph Current text Proposed text (k)(1)(i)................. Introductory (k)(1) (k)(1)(i) Fish or Except as noted in fish product paragraphs onboard. Except as (k)(1)(iii) and (iv) noted in paragraph of this section, the (k)(1)(iv) of this operator of a section, the catcher vessel operator of a greater than 60 ft catcher vessel (18.3 m) LOA, a greater than 60 ft catcher/processor, (18.3 m) LOA, a or a mothership catcher/processor, holding a Federal or a mothership fisheries permit required to hold a issued under this Federal fisheries part and carrying permit issued under fish or fish product this part and onboard must carrying fish or complete and submit fish product onboard a VAR by FAX or must complete and electronic file to submit a VAR by FAX OLE, Juneau, AK or electronic file before the vessel to OLE, Juneau, AK crosses the seaward (9075867313) boundary of the EEZ before the vessel off Alaska or crosses the seaward crosses the U.S. boundary of the EEZ Canadian off Alaska or international crosses the U.S. boundary between Canadian Alaska and British international Columbia. boundary between Alaska and British Columbia. (k)(1)(ii)................ (k)(1)(i) Both (k)(1)(ii) groundfish and IFQ Combination of non fish. If a vessel is IFQ groundfish, IFQ carrying both halibut, CDQ groundfish and IFQ halibut, and IFQ halibut or IFQ sablefish. If a sablefish, the vessel is carrying operator must submit nonIFQ groundfish a VAR in addition to and IFQ halibut, CDQ a Vessel Departure halibut or IFQ Report (VDR) or a sablefish, the Vessel Clearance operator must submit (VC). a VAR in addition to an IFQ Departure Report per paragraph (1)(4) of this section. (k)(1)(iii)............... (k)(1)(ii) Revised (k)(1)(iii) Revised VAR. If groundfish VAR. If fish or fish are landed at a port products are landed other than the one at a port other than specified, submit a the one specified on revised VAR showing the VAR, the vessel the actual port of operator must submit landing. a revised VAR showing the actual port of landing before any fish are offloaded. [[Page 3490]]
(k)(1)(iv)................ Exemption: IFQ Exemption: IFQ departure report. If departure report. If a vessel is carrying a vessel is carrying only IFQ halibut or only IFQ halibut or IFQ sablefish IFQ sablefish onboard and the onboard and the operator has operator has submitted a submitted an IFQ Departure Report per Departure Report per paragraph paragraph (1)(4) of (1)(5)(iii)(B) of this section, a VAR this section, a VAR is not required. is not required.

Section 679.5(l)(1) IFQ Prior Notice of Landing (PNOL)

The intent of the PNOL is to provide International Pacific Halibut Commission (IPHC) monitoring personnel and OLE personnel advance notice of vessel IFQ landings. Under current regulations, the operator of any vessel intending to make a landing of IFQ halibut, CDQ halibut, or IFQ sablefish must submit a PNOL to OLE 6 hours before making the landing.

This action would revise the PNOL procedure by changing the prior notification from 6 hours to 3 hours. This change would provide adequate monitoring and enforcement opportunities. The 3hour time limit would result in improved economic efficiency in the fishery, allowing an overall exvessel price for IFQ fish to improve for a vessel operator due to additional time to seek out more competitive marketing opportunities. IFQ card holders and Registered Buyers would have more flexibility during their business negotiations. In general, this action would relieve burdens on small entities, which include Registered Buyers. It may contribute to increased competition in the delivery market for IFQ halibut and sablefish. It could benefit consumers and even cause Registered Buyers to expand into more markets (i.e., fresh fish). The estimated number of directly regulated small entities would include approximately 3,485 holders of halibut QS, 872 holders of sablefish QS, approximately 290 hired masters, and all six of the CDQ groups hold CDQ halibut.

In addition, vessels would be required to report ``location of landings'' rather than ``Registered Buyer.'' This change would provide IPHC and OLE personnel with the exact location of the landing, which is needed to plan monitoring activities, while not requiring a vessel to commit to a specific processor.

Detailed changes to the PNOL regulatory text are presented below:

Sec. 679.5, paragraph Redesignated as No change Revised Removed Added (l) heading.................... ....................... ............ X ............ ............ Introductory (l)............... ....................... ............ X ............ ............ (l)(1) heading................. ....................... ............ X ............ ............ (l)(1)(i) heading.............. ....................... ............ X ............ ............ (l)(1)(i)...................... (l)(1)(i)(A)........... ............ X ............ ............ (l)(1)(ii)..................... (l)(1)(i)(B)........... ............ X ............ ............ (l)(1)(v)...................... (l)(1)(ii)............. ............ X ............ ............ Introductory (l)(1)(iii)....... ....................... ............ X ............ ............ (l)(1)(iii)(A)................. ....................... X ............ ............ ............ (l)(1)(iii)(B), (C)............ ....................... ............ X ............ ............ (l)(1)(iii)(D)................. ....................... X ............ ............ ............ (l)(1)(iii)(E)................. ....................... ............ ............ X ............ (l)(1)(iii)(F) thru (H)........ (l)(1)(iii)(E) thru (G) ............ ............ ............ ............ (l)(1)(iii)(H)................. ....................... ............ ............ X ............ (l)(1)(iv)..................... ....................... ............ X ............ ............

Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text. Location Sec. 679.5, paragraph Current text Proposed text (l) heading.......................... IFQ and CDQ halibut recordkeeping and IFQ Program recordkeeping and reporting. reporting. Introductory (l)..................... In addition to the recordkeeping and In addition to the reporting requirements in this section recordkeeping and reporting and as prescribed in the annual requirements in this section management measures published in the and as prescribed in the Federal Register pursuant to Sec. annual management measures 300.62 of this title, the following IFQ published in the Federal reports are required, when applicable: Register pursuant to Sec. prior notices of landing, landing report, 300.62 of this title, the shipment report, transshipment following reports and authorization, vessel clearance, and IFQ authorizations are required, departure report. when applicable: IFQ Prior Notice of Landing, Product Transfer Report (see 679.5(g)), IFQ Landing Report, IFQ Transshipment Authorization, and IFQ Departure Report. (l)(1) heading....................... Prior notice of IFQ landing. IFQ Prior Notice of Landing (PNOL). (l)(1)(i) heading.................... Applicability. Time limits and submittals. (l)(1)(i)(A)......................... (l)(1)(i) Except as provided in paragraph (l)(1)(i)(A) Except as (l)(1)(iv) of this section, the operator provided in paragraph of any vessel making an IFQ landing must (l)(1)(iv) of this section, notify OLE, Juneau, AK no fewer than 6 the operator of any vessel hours before landing IFQ halibut or IFQ making an IFQ landing must sablefish, unless permission to commence notify OLE, Juneau, AK no an IFQ landing within 6 hours of fewer than 3 hours before notification is granted by a clearing landing IFQ halibut or IFQ officer. sablefish, unless permission to commence an IFQ landing within 3 hours of notification is granted by a clearing officer. (l)(1)(i)(B)......................... (l)(1)(ii) Time limits. A prior notice of (l)(1)(i)(B) A PNOL must be landing must be made to the tollfree made to the tollfree telephone number 8003044846 or to 907 telephone number 800304 5867202 between the hours of 0600 hours, 4846 or to 9075867163 A.l.t., and 2400 hours, A.l.t. between hours of 0600 hours, A.l.t., and the 2400 hours, A.l.t. [[Page 3491]]
(l)(1)(ii)........................... (l)(1)(iii) Information required. A prior (l)(1)(ii) Information notice of landing must include the required. A PNOL must following: include the following: (l)(1)(iii)(B)....................... Name and permit number of the Registered Port of landing and port code Buyer who will be responsible for from Table 14 to this part; completion and submittal of the IFQ Landing Report(s);
(l)(1)(iii)(C)....................... The location of the landing (port name or Exact location of landing code). within the port, i.e., dock name, harbor name, facility name, or geographical coordinates (latitude and longitude of position in degrees and minutes). (l)(1)(iv)........................... (iv) Exemption. An IFQ landing of halibut (iv) Exemption. An IFQ of 500 lb (0.23 mt) or less of IFQ weight landing of halibut of 500 lb determined pursuant to Sec. or less of IFQ weight 679.42(c)(2) and concurrent with a legal determined pursuant to Sec. landing of salmon or a legal landing of 679.42(c)(2) and concurrent lingcod harvested using dinglebar gear is with a legal landing of exempt from the PNOL required by this salmon or a legal landing of section. lingcod harvested using dinglebar gear is exempt from the PNOL required by this section. Section 679.5(l)(2) IFQ Landing Report

Reporting of IFQ harvests is accomplished through electronic submittal of an IFQ Landing Report, which may be submitted by an IFQ cardholder at an automated transaction terminal, through the Internet, and with approval by FAX. A Registered Buyer submits the Landing Report within 6 hours after all fish are landed and prior to shipment or departure of the delivery vessel from the landing site. This action would revise the regulatory text and the procedure for submittal of the IFQ Landing Report for clarity and simplicity. Similar topics are combined under one heading. In some cases, long paragraphs are divided into two paragraphs. Cross references are added to ensure ease of reading. Some telephone numbers are revised. Detailed changes to the regulatory text describing the IFQ Landing Report are presented below: Sec. 679.5, paragraph Redesignated as No change Revised Removed Added Heading for (l)(2).............. ...................... ............ X ............ ............ Heading for (l)(2)(i)........... ...................... ............ X ............ ............ (l)(2)(i)(B).................... (l)(2)(i)(A).......... ............ X ............ ............ New (l)(2)(i)(B)................ ...................... ............ ............ ............ X New (l)(2)(i)(C)................ ...................... ............ ............ ............ X New (l)(2)(i)(D)................ ...................... ............ ............ ............ X New (l)(2)(i)(E)................ ...................... ............ ............ ............ X Heading for (l)(2)(iv).......... heading for (l)(2)(ii) ............ X ............ ............ (l)(2)(iv)(A)................... (l)(2)(ii)(A)......... ............ X ............ ............ (l)(2)(iv)(B)................... ...................... ............ ............ X ............ (l)(2)(i)(A).................... (l)(2)(ii)(B)......... ............ ............ X ............ (l)(2)(vi)(N)................... ...................... ............ ............ X ............ (l)(2)(vi)...................... (l)(2)(iii)........... ............ ............ ............ ............ Newly redesignated ...................... ............ X ............ ............ (l)(2)(iii)(B).
Newly redesignated ...................... ............ X ............ ............ (l)(2)(iii)(J).
Newly redesignated ...................... ............ X ............ ............ (l)(2)(iii)(K).
Newly redesignated ...................... ............ X ............ ............ (l)(2)(iii)(M).
New (l)(2)(iv) and (iv)(A)...... ...................... ............ ............ ............ X (l)(2)(ii)(A) except last (l)(2)(iv)(A)......... ............ X ............ ............ sentence; last sentence of
(l)(2)(ii)(A); (l)(2)(ii)(B).
(l)(2)(ii)(D)................... (l)(2)(iv)(B)......... ............ ............ ............ ............ (l)(2)(iv)(B) heading........... ...................... ............ ............ ............ X (l)(2)(vii); (l)(2)(ii)(E); (l)(2)(iv)(C)......... ............ X ............ ............ (l)(2)(iii)(A); (l)(2)(vii).
(l)(2)(iv)(D) heading........... ...................... ............ ............ ............ X Third sentence of (l)(2)(ii)(C). (l)(2)(iv)(D)......... ............ X ............ ............

Revisions to the regulatory text are presented below, showing the location of the text, the current text, and the proposed text. Location Sec. 679.5, paragraph Current text Proposed text (l)(2) heading....................... Landing report IFQ landing report (l)(2)(i) heading.................... Applicability Requirements (l)(2)(i)(A)......................... (l)(2)(i)(B) All IFQ catch retained (l)(2)(i)(A) All IFQ catch onboard a vessel at commencement of a debited. All IFQ halibut, landing must be weighed and debited from CDQ halibut, and IFQ the IFQ permit holder's account under sablefish catch must be which the catch was harvested. weighed and debited from the IFQ permit holder's account under which the catch was harvested. (l)(2)(i)(D)......................... (l)(2)(ii)(C) Once landing operations have (l)(2)(i)(D) Remain at commenced, the IFQ cardholder and the landing site. Once landing harvesting vessel may not leave the operations have commenced, landing site until the IFQ account is the IFQ cardholder and the properly debited. . . . harvesting vessel may not leave the landing site until the IFQ account is properly debited (as defined in paragraph (l)(2)(iv)(D)). [[Page 3492]]
(l)(2)(i)(E)......................... (l)(2)(ii)(C) . . . The offloaded IFQ (l)(2)(i)(E) No movement of species may not be moved from the landing IFQ species. The offloaded site until the IFQ landing report is IFQ species may not be received by OLE, Juneau, AK and the IFQ properly moved from the cardholder's account is debited. . . . landing site until the IFQ Landing Report is received by OLE, Juneau, AK and the IFQ cardholder's account is properly debited (as defined in paragraph (l)(2)(iv)(D)). (l)(2)(ii) heading................... (l)(2)(iv) Time limits and submittals (l)(2)(ii) Time limits (l)(2)(ii)(A)........................ (l)(2)(iv)(A) An IFQ landing may commence (l)(2)(ii)(A) A landing of only between 0600 hours, A.l.t., and 1800 IFQ halibut, CDQ halibut, or hours, A.l.t., unless permission to land IFQ sablefish may commence at a different time (waiver) is granted only between 0600 hours, in advance by a clearing officer. A.l.t., and 1800 hours, A.l.t., unless permission to land at a different time (waiver) is granted in advance by a clearing officer. (l)(2)(ii)(B)........................ (l)(2)(i)(A) A Registered Buyer must (l)(2)(ii)(B) A Registered report an IFQ landing within 6 hours Buyer must submit a after all such fish are landed and prior completed IFQ Landing Report to shipment of said fish or departure of within 6 hours after all the delivery vessel from the landing such fish are landed and site. prior to shipment or transfer of said fish from the landing site. (l)(2)(iii)(B)....................... (l)(2)(vi)(B) Location of the IFQ landing (l)(2)(iii)(B) Location of (port code or if at sea, lat. and long.) the IFQ landing (port code or if at sea, latitude and longitude of position in degrees and minutes). (l)(2)(iii)(J)....................... (l)(2)(vi)(J)(1) Except as indicated in (l)(2)(iii)(J) For each ADF&G paragraph (l)(2)(vi)(J)(2) of this statistical area of harvest, section, for each ADF&G statistical area the species codes, product of harvest, the species codes, product codes, and initial accurate codes, and initial accurate scale weight scale weight (in pounds or (in pounds or to the nearest thousandth to the nearest thousandth of of a metric ton) made at the time of a metric ton) made at the offloading for IFQ species sold and time of offloading for IFQ retained. species sold and retained. (l)(2)(vi)(J)(2) If the vessel operator is Exception: if the vessel a Registered Buyer reporting the IFQ operator is the Registered landing, the accurate weight of IFQ Buyer reporting the IFQ sablefish processed product obtained landing, the accurate weight before the offload may be substituted for of IFQ sablefish processed the initial accurate scale weight at time product obtained before the of offload. offload may be substituted for the initial accurate scale weight at time of offload. (l)(2)(iii)(K)....................... (l)(2)(vi)(K) Whether ice and slime is (l)(2)(iii)(K) Whether ice present on the fish as offloaded from the and slime are present on the vessel (YES or NO). Fish which have been fish as offloaded from the washed prior to weighing or which have vessel. Fish which have been been offloaded from refrigerated salt washed prior to weighing or water are not eligible for a 2 percent which have been offloaded deduction for ice and slime and must from refrigerated salt water indicate NO SLIME & ICE. are not eligible for a 2 percent deduction for ice and slime and must indicate NO SLIME & ICE. (l)(2)(iii)(M)....................... (l)(2)(ii)(C) . . . After the Registered (l)(2)(iii)(M) After the Buyer enters the landing data in the Registered Buyer enters the transaction terminal or the Internet landing data in the submission form(s) and a receipt is transaction terminal or the printed, the IFQ cardholder must sign the Internet submission form(s) receipt to acknowledge the accuracy of or submits a manual landing the landing report. . . . report by FAX, and a receipt (l)(2)(iii)(B) The manual landing report is printed, the Registered must be signed by the Registered Buyer or Buyer or his/her his/her representative, and the IFQ representative, and the IFQ cardholder to acknowledge the accuracy of cardholder must sign the the landing report, and by the OLE receipt(s) to acknowledge representative to show that the IFQ the accuracy of the Landing cardholder's account was debited Report. consistent with the landing report. (l)(2)(vi)(M) Signature of Registered Buyer representative. (l)(2)(vi)(N) Signature of IFQ/CDQ cardholder.
(l)(2)(iv)(A)........................ (l)(2)(ii)(A) Electronic landing report. (l)(2)(iv)(A) Except as (A) Except as indicated in paragraphs indicated in paragraphs (l)(2)(ii)(D) and (E) of this section, (l)(2)(iv)(B) and (C) of electronic landing reports must be this section, electronic submitted to OLE, Juneau, AK using landing reports must be magnetic strip cards issued by NMFS, submitted to OLE, Juneau, AK Alaska Region, and transaction terminals using magnetic strip cards with printers driven by customdesigned issued by NMFS, Alaska software as provided and/or specified by Region, and transaction NMFS, Alaska Region. It is the terminals with printers responsibility of the Registered Buyer to driven by customdesigned locate or procure a transaction terminal software as provided and/or and report as required. specified by NMFS, Alaska Region. The Registered Buyer must locate or procure a transaction terminal and report as required. (l)(2)(iv)(C)........................ (l)(2)(ii)(E) Waivers from the electronic (l)(2)(iv)(C) Waivers from reporting requirement can only be granted the tra

FOR FURTHER INFORMATION CONTACT Patsy A. Bearden, 907-586-7228 or patsy.bearden@noaa.gov.