81 FR 27006 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale Requirements
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 87 (May 5, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 87 (May 5, 2016)
| Page Range | 27006-27011 | |
| FR Document | 2016-10476 |
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)] [Rules and Regulations] [Pages 27006-27011] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10476] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 660 [Docket No. 151005920-6371-02] RIN 0648-BF39 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale Requirements AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action revises scale requirements for processing vessels that are required to weigh fish at sea, i.e., mothership and catcher/ processor vessels, and Shorebased Individual Fishery Quota Program (IFQ) first receivers. For motherships and catcher/processors that weigh fish at sea, the action requires the use of updated scale technology, requires enhanced daily scale testing for flow scales (also known as belt scales), and requires the use of video to monitor the flow scale and the area around the flow scale. For Shorebased IFQ first receivers, the action adds criteria for inseason flow scale tests. In addition, the action includes housekeeping changes that are intended to better align the regulations with defined terms, and to provide clarity and consistency between paragraphs. Action is needed to provide precise and accurate catch estimates and to reduce the likelihood that vessels will under report harvests. DATES: Effective June 6, 2016. ADDRESSES: Address all comments concerning this rule to: William W. Stelle Jr., Regional Administrator, West Coast Region NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070. FOR FURTHER INFORMATION CONTACT: Miako Ushio, (206) 526-4644. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the Internet at the Office of the Federal Register Web site at https://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management Council's Web site at http://www.pcouncil.org/. Motherships and Catcher/Processors An at-sea scale program was developed for the Alaska groundfish fishery in 1998 to provide catch accounting that was more precise and verifiable at the individual haul level and less dependent on estimates generated by at-sea observers (February 4, 1998; 63 FR 5836). The at- sea scale program supported implementation of a large-scale quota share program that required verifiable and defensible estimates of harvest. Since implemenation of those weighing requirements in 1998, at-sea scales have been used to provide reliable, precise and accurate estimates of catch in the Alaskan groundfish fisheries. At the same time, scale technology has evolved and NMFS has developed greater expertise in monitoring processing activity. Recent fraud on some vessels was found to have resulted in systematic underestimates of scale weights used for catch accounting. As a result, at-sea flow scale regulations for the Alaska Region at 50 CFR 679.28 were revised on December 18, 2014 (November 18, 2014; 79 FR 68610) to improve scale accuracy and reduce bias. Revisions to the Alaska regulations included a suite of modifications to the at-sea scales program that included the use of flow scales capable of logging and printing the frequency and magnitude of scale calibrations relative to previous calibrations as well as the time and date of each scale fault (or error) and scale startup time; revised daily scale test methods; and new requirements for video monitoring. In 2011, a trawl rationalization program was implemented for the Pacific Coast groundfish fishery which included scale requirements specified in regulation at Sec. 660.15(b) (December 15, 2010; 75 FR 78344). These regulations require mothership and catcher/processor vessels to use scales certified for the Alaska groundfish fisheries. This action modifies the Pacific Coast groundfish fishery regulations to be consistent with the Alaska Region's 2014 regulation updates, thereby bringing them up to date with current technology, reducing the potential for scale tampering, and improving catch [[Page 27007]] accounting accuracy. Catch estimates based on inaccurate scale weights could systematically underestimate harvests. Given the importance of using accurate and reliable catch accounting data for management of the groundfish stocks, NMFS is implementing revisions consistent with the revisions made for the Alaska groundfish fishery, and with the intent of enforcement and monitoring provisions implemented under Amendment 20 to the Pacific Coast groundfish fishery management plan (FMP). This final rule updates the requirements for scales consistent with Alaska regulations at Sec. 679.28. Improved scale technology includes features that allow NMFS to determine how well the flow scales are performing, and improve the accuracy and reliability of flow scale measurements. Because the mothership and catcher/processor vessels already have upgraded scale systems for the Alaska Fisheries, and the scales are certified through annual testing provided by the Alaska Region, aligning the performance and technical requirements is reasonable and not expected to result in added costs to the vessels. Regulatory revisions include improvements to daily scale tests. The types of material used for the daily scale test are limited to test materials (i.e., pre-weighed sand bags) supplied by the scale manufacturer or approved by a NMFS-authorized scale inspector. The minimum amount of weight for each test and the number of runs are stated in regulations. In addition, new requirements for documenting failed scale tests, and printing audit and calibration reports are specified. Regulatory revisions require that all mothership and catcher/ processors vessels use video monitoring systems that meet the Alaska fishery system requirements, specified at Sec. 679.28(e), when they are fishing in the Pacific Coast groundfish fishery. The video monitoring systems allow the activities around the flow scale to be monitored to ensure that the flow scale is functioning properly (e.g., that the flow scale is not running while in a fault (error) state); ensure that all fish are being weighed; detect when crew members are working on the flow scale; and ensure that daily flow scale tests are being conducted on the required schedule and with the appropriate test weights. The video systems are required to capture imagery of areas where the catch enters, moves across, and leaves the scale; of any access points that may be adjusted or modified by crew; and of the scale display and the indicator of when the scale is operating in a fault state. Consistent with the Alaska requirements, the vessel operator is required to maintain the video imagery for at least 120 days and make the imagery available to NMFS upon request. IFQ First Receivers Regulations at Sec. 660.15(c) define the performance and technical requirements for scales used to weigh fish at Shorebased IFQ first receivers. Since the Shorebased IFQ program was implemented in 2011, some Shorebased IFQ first receivers located in Oregon and Washington have installed flow scales. The states of Oregon and Washington test the flow scales consistent with national weights and measures standards. This action revises regulations to include performance and technical requirements for flow scales used at IFQ first receivers. In addition, several minor technical changes are made. The regulatory changes for first receivers include revisions to inseason scale test requirements specific to flow scales; adding catch monitors to the list of individuals that have access to scale displays and printouts; revisions to inseason scale test requirements specific to flow scales; and the correction of a value for maximum error in scale divisions. Housekeeping Numerous minor changes are made throughout the regulations at 50 CFR 660.15, 660.113, 660.150 and 660.160 for clarity, to better align different sections of the regulations, to update cross references, and for consistency in the use of terms. Paragraph 660.15(a) is revised to remove reporting requirements that are repeated in other more appropriate sections of the regulations. Regulatory language originally adopted from the Alaska Groundfish fisheries is not consistent with language used for the Pacific Coast groundfish fishery; therefore, minor revisions are made to paragraph Sec. 660.15(b) for clarity and to be consistent with other sections of the Pacific Coast groundfish regulations. Minor changes are made at Sec. 660.15(c) to revise terms for consistent use throughout the regulations. Minor changes are made at Sec. 660.113 to revise terms for consistent use throughout the regulations and to update cross references. Minor changes are made at Sec. Sec. 660.150(b) and 660.160(b) to revise terms for consistent use throughout the regulations, and update cross references, to add missing references for cease fishing reports and to add clarity to the vessel responsibilities relative to observer platform scale. NMFS published a proposed rule for this action on January 19, 2016 (81 FR 2831). The comment period for the proposed rule ended on February 18, 2016, and no comments were received. Therefore, no changes were made from the proposed rule in response to comments. Section 3507(c)(B)(i) of the PRA requires that agencies inventory and display a current control number assigned by the Director, Office of Management and Budget (OMB), for each agency information collection. Section 902.1(b) identifies the location of NOAA regulations for which OMB approval numbers have been issued. Because this final rule adds requirements for scale test report recording and maintenance, 15 CFR 902.1(b) is revised to reference correctly the section resulting from this final rule. Classification NMFS has determined that this action is consistent with the FMP, the Magnuson Stevens Conservation and Management Act, and other applicable laws. The Office of Management and Budget has determined that this action is not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification, and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required, and none has been prepared. This final rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB as revisions to OMB collection 0648-0619. The public reporting burden for the at-sea scale requirements, including daily test reports (30 minute per response), daily catch and cumulative weight reports (10 min per response), the audit trail (1 minute per response), calibration log (1 minute per response), fault log (1 minute per response) and video monitoring (0 minute per response), is estimated to average 43 minutes per response. Send comments on the burden estimate or any other aspects of the collection of information [[Page 27008]] to West Coast Region at the ADDRESSES above, and by email to [email protected] or fax to (202) 395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to 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 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 660 Fisheries, Fishing, and Indian fisheries. Dated: April 29, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR part 660 are amended as follows: Title 15--Commerce and Foreign Trade PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 0 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 3501 et seq. 0 2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50 CFR'', revise the entry for ``660.13'' and add an entry in alphanumeric order for ``660.15'' to read as follows: Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act. * * * * * (b) * * * ------------------------------------------------------------------------ CFR Part or section where the information Current OMB Control No. (All collection requirement is located numbers begin with 0648-) ------------------------------------------------------------------------ * * * * * 50 CFR: * * * * * 660.13.................................... -0573 and -0619. * * * * * 660.15.................................... -0619. * * * * * ------------------------------------------------------------------------ Title 50--Wildlife and Fisheries PART 660--FISHERIES OFF WEST COAST STATES 0 3. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 4. In Sec. 660.15, revise paragraphs (a), (b), and (c) and add paragraph (e) to read as follows: Sec. 660.15 Equipment requirements. (a) Applicability. This section contains the equipment and operational requirements for scales used to weigh fish at sea, scales used to weigh fish at IFQ first receivers, video monitoring systems, computer hardware for electronic fish ticket software, and computer hardware for electronic logbook software. (b) Scales used to weigh fish at sea. Vessel owners, operators, and managers are jointly and severally responsible for their vessel's compliance with the requirements specified in this section. (1) Performance and technical requirements for scales in the MS and C/P Coop Programs. A scale used to weigh fish in the MS and C/P Coop Programs must meet the type evaluation, initial inspection, and annual reinspection requirements set forth in 50 CFR 679.28(b)(1) and (2), and must be approved by NMFS to weigh fish at sea. (2) Annual inspection. Once a scale is installed on a vessel and approved by NMFS for use to weigh fish at sea, it must be reinspected annually within 12 months of the date of the most recent inspection to determine if the scale meets all of the applicable performance and technical requirements as described in 50 CFR 679.28(b). (3) Daily testing. Each scale used to weigh fish must be tested at least once each calendar day to ensure that each scale meets the maximum permissible error requirements described at paragraph (b)(4) of this section. (4) Daily at-sea scale tests. To verify that the scale meets the maximum permissible errors specified in this paragraph, each scale used to weigh fish must be tested at least one time during each calendar day when use of the scale is required. The tests must be performed in an accurate and timely manner. (i) Flow or Belt scales--(A) Maximum permissible errors. The maximum permissible errors for the daily at-sea scale test is plus or minus 3 percent of the known weight of the test material. (B) Test Procedure. A test must be conducted by weighing no less than 400 kg (882 lb) of test material, supplied by the scale manufacturer or approved by a NMFS-authorized scale inspector, on the scale under test. The test material may be run across the scale multiple times in order to total 400 kg; however, no single run of test material across the scale may weigh less than 40 kg (88.2 lb). The known weight of test material must be determined at the time of each scale test by weighing it on a platform scale approved for use under 50 CFR 679.28(b)(7). (ii) Platform scales required for observer sampling or to determine known weight of test material on mothership and catcher/processor vessels--(A) Maximum permissible errors. The maximum permissible errors for the daily at-sea scale test for platform scales is plus or minus 0.5 percent of the weight tested. (B) Test Procedure. A platform scale used for observer sampling must be tested at 10, 25, and 50 kg (or 20, 50, and 100 lb if the scale is denominated in pounds) using approved test weights. Any combination of test weights that will allow the scale to be tested at 10 kg, 25 kg, and 50 kg may be used. A platform scale used to weigh fish must be tested at a weight equal to the largest amount of fish that will be weighed on the scale in one weighing. (C) Approved test weights. Each test weight must have its weight stamped on or otherwise permanently affixed to it. The weight of each test weight must be annually certified by a National Institute of Standards and Technology-approved metrology laboratory or approved for continued use by the NMFS authorized inspector at the time of the annual scale inspection. (iii) Requirements for all at-sea scale tests. The following conditions must be met: (A) Notify the observer at least 15 minutes before the time that the test will be conducted, and conduct the test while the observer is present. (B) Conduct the scale test by placing the test material or test weights on or across the scale and recording the following information on the at-sea scale test report form: (1) Vessel name; (2) Month, day, and year of test; (3) Time test started to the nearest minute in local time; (4) Known weight of test materials or test weights; (5) Weight of test material or test weights recorded by scale; (6) Percent error as determined by subtracting the known weight of the test material or test weights from the weight recorded on the scale, dividing that amount by the known weight of the test [[Page 27009]] material or test weights, and multiplying by 100; and (7) Signature of operator. (C) Maintain the scale test report form from all at-sea scale tests, including test report forms from failed scale tests on board the vessel until the end of the fishing year during which the tests were conducted, and make the report forms available to observers, NMFS staff, or authorized officers. In addition, the scale test report forms must be retained for 3 years after the end of the fishing year during which the tests were performed. Each scale test report form must be signed by the operator immediately following completion of each scale test. (5) Scale maintenance. The scale must be maintained in proper operating condition throughout its use; adjustments made to the scale must be made to bring the performance errors as close as practicable to a zero value; and no adjustment may be made that will cause the scale to weigh fish inaccurately. (6) Printed reports from the scale (not applicable to observer sampling scales). Printed reports are provided to NMFS as required by this paragraph. Printed reports from the scale must be maintained on board the vessel until the end of the year during which the reports were made, and made available to observers, NMFS staff or authorized officers. In addition, printed reports must be retained for 3 years after the end of the year during which the printouts were made. (i) Printed reports of catch weight and cumulative weight. Reports must be printed at least once every calendar day when use of the scale is required. Reports must also be printed before any information stored in the scale computer memory is replaced. Scale weights must not be adjusted by the scale operator to account for the perceived weight of water, slime, mud, debris, or other materials. Scale printouts must show: (A) The vessel name and Federal vessel permit number; (B) The date and time the information was printed; (C) The haul number; (D) The total weight of the haul; and (E) The total cumulative weight of all fish and other material weighed on the scale since the last annual inspection. (ii) Printed report from the audit trail. The printed report must include the information specified in sections 2.3.1.8, 3.3.1.7, and 4.3.1.8 of appendix A to 50 CFR part 679. The printed report must be provided to the authorized scale inspector at each scale inspection and must also be printed at any time upon request of the observer, NMFS personnel or an authorized officer. (iii) Printed report from calibration log. The operator must print the calibration log on request by NMFS staff or an authorized officer, or person authorized by NMFS. The calibration log must be printed and retained before any information stored in the scale computer memory is replaced. The calibration log must detail either the prior 1,000 calibrations or all calibrations since the scale electronics were first put into service, whichever is less. The printout from the calibration log must show: (A) The vessel name and Federal fisheries or processor permit number; (B) The month, day, and year of the calibration; (C) The time of the calibration to the nearest minute in local time; (D) The weight used to calibrate the scale; and (E) The magnitude of the calibration in comparison to the prior calibration. (iv) Printed reports from the fault log. The operator must print the fault log on request by NMFS staff, an authorized officer or person authorized by NMFS. The fault log must be printed and retained before any information stored in the scale computer memory is replaced. The fault log must detail either the prior 1,000 faults and startups, or all faults and startups since the scale electronics were first put into service, whichever is less. A fault, for the purposes of the fault log, is any condition other than underflow detected by the scale electronics that could affect the metrological accuracy of the scale. The printout from the fault log must show: (A) The vessel name and Federal fisheries or processor permit number; (B) The month, day, year, and time of each startup to the nearest minute in local time; (C) The month, day, year, and time that each fault began to the nearest minute in local time; and (D) The month, day, year, and time that each fault was resolved to the nearest minute in local time. (v) Platform scales used for observer sampling. A platform scale used for observer sampling is not required to produce a printed record. (7) Video monitoring for scales used by the vessel crew to weigh catch. Mothership or Catcher/Processor vessels required to weigh fish under the regulations in this section must provide and maintain a NMFS- approved video monitoring system as specified in paragraph (e) of this section. (c) Scales used to weigh fish at IFQ first receivers--performance and technical requirements. Scale requirements in this paragraph are in addition to those requirements set forth by the State in which the scale is located, and nothing in this paragraph may be construed to reduce or supersede the authority of the State to regulate, test, or approve scales within the State. Scales used to weigh fish that are also required to be approved by the State must meet the following requirements: (1) Verification of approval. The scale must display a valid sticker indicating that the scale is currently approved in accordance with the laws of the state where the scale is located. (2) Visibility. The IFQ first receiver must ensure that the scale and scale display are visible simultaneously to the catch monitor. Catch monitors, NMFS staff, NMFS-authorized personnel, or authorized officers must be allowed to observe the weighing of fish on the scale and be allowed to read the scale display at all times. (3) Printed scale weights. (i) An IFQ first receiver must ensure that printouts of the scale weight of each delivery or offload are made available to the catch monitor, NMFS staff, to NMFS-authorized personnel, or to authorized officers at the time printouts are generated. An IFQ first receiver must maintain printouts on site until the end of the fishing year during which the printouts were made and make them available upon request by the catch monitor, NMFS staff, NMFS-authorized personnel, or authorized officers for 3 years after the end of the fishing year during which the printout was made. (ii) All scales identified in a catch monitoring plan (see Sec. 660.140(f)(3)) must produce a printed record for each landing, or portion of a landing, weighed on that scale. NMFS may exempt, through approval of the NMFS-accepted catch monitoring plan, scales not designed for automatic bulk weighing from part or all of the printed record requirements. IFQ first receivers that receive no more than 200,000 pounds of groundfish in any calendar month may be exempt under Sec. 660.140(j)(2). For scales that must produce a printed record, the printed record must include: (A) The IFQ first receiver's name; (B) The weight of each load in the weighing cycle; (C) The total weight of fish in each landing, or portion of the landing that was weighed on that scale; (D) For belt scales and weight belts, the total cumulative weight of all fish or other material weighed on the scale since the last inspection; [[Page 27010]] (E) The date the information is printed; and (F) The name and vessel registration or documentation number of the vessel making the landing. The person operating the scale may write this information on the scale printout in ink at the time of printing. (4) Inseason scale testing. IFQ first receivers must allow, and provide reasonable assistance to NMFS staff, NMFS-authorized personnel, and authorized officers to test scales used to weigh IFQ fish. A scale that does not pass an inseason test may not be used to weigh IFQ fish until the scale passes an inseason test or is approved for continued use by the weights and measures authorities of the State in which the scale is located. (i) Inseason testing criteria. To pass an inseason test, NMFS staff or authorized officers must be able to verify that: (A) The scale display and printed information are clear and easily read under all conditions of normal operation; (B) Weight values are visible on the display until the value is printed; (C) The scale does not exceed the maximum permissible errors specified in this paragraph: (1) Flow scales (also known as belt scales and weight belts). The maximum permissible error is plus or minus 0.25 percent of the known weight of the test material with repeatability between tests of no more than 0.25 percent. Percent error is determined by subtracting the known weight of the test material or test weights from the weight recorded on the scale, dividing that amount by the known weight of the test material or test weights, and multiplying by 100. (2) All other scales. ------------------------------------------------------------------------ Maximum error Test load in scale divisions in scale divisions ------------------------------------------------------------------------ (i) 0-500............................................... 1 (ii) 501-2,000.......................................... 2 (iii) 2,001-4,000....................................... 3 (iv) >4,000............................................. 5 ------------------------------------------------------------------------ (D) Automatic weighing systems. An automatic weighing system must be provided and operational that will prevent fish from passing over the scale or entering any weighing hopper unless the following criteria are met: (1) No catch may enter or leave a weighing hopper until the weighing cycle is complete; (2) No product may be cycled and weighed if the weight recording element is not operational; and (3) No product may enter a weighing hopper until the prior weighing cycle has been completed and the scale indicator has returned to a zero. (ii) [Reserved] * * * * * (e) Video monitoring systems used monitor at-sea scales--(1) Performance and technical requirements for video monitoring systems for the MS and C/P Coop Programs. A video monitoring system used to monitor at-sea scales must meet the system requirements and system inspections, set forth in 50 CFR 679.28(e)(1) through (4) and be issued a Video Monitoring Inspection Report verifying that the video system meets all applicable requirements for use in the Alaska Pollock fishery. Any change to the system must meet the requirements specified at 50 CFR 679.28(e)(7) and be approved by the Alaska Regional Administrator in writing before any changes are made. (i) MS or C/P vessels required to weigh fish at sea under the regulations in this section must: (A) Provide and maintain a video monitoring system that provides sufficient resolution and field of view to monitor: All areas where catch enters the scale, moves across the scale and leaves the scale; any access point to the scale from which the scale may be adjusted or modified by vessel crew while the vessel is at sea; and the scale display and the indicator for the scale operating in a fault state. (B) Record and retain video for all periods when catch that must be weighed is on board the vessel. (ii) [Reserved] (2) Video Monitoring System Inspection Report. A current NMFS- issued Video Monitoring System Inspection Report must be maintained on board the vessel at all times the vessel is required to have an approved video monitoring system. The Video Monitoring System Inspection Report must be made available to the observer, NMFS staff, or to an authorized officer upon request. (3) Retention of records. Consistent with the requirements set forth at 50 CFR 679.28(e)(1), the video data must be maintained on the vessel and made available on request by NMFS staff, or any individual authorized by NMFS. The data must be retained on board the vessel for no less than 120 days after the date the video is recorded, unless NMFS has notified the operator in writing that the video data may be retained for less than this 120-day period. 0 3. In Sec. 660.112, add paragraphs (c)(5) and (6) to read as follows: Sec. 660.112 Trawl fishery--prohibitions. * * * * * (c) * * * (5) Fail to weigh all fish taken and retained aboard the vessel on a scale that meets the performance and technical requirements specified at Sec. 660.15(b). (6) Weigh fish taken and retained aboard the vessel without operating and maintaining a video monitoring system that meets the performance and technical requirements specified at Sec. 660.15(e). * * * * * 0 4. In Sec. 660.113, revise paragraphs (c)(2) and (d)(2) to read as follows: Sec. 660.113 Trawl fishery--recordkeeping and reporting. * * * * * (c) * * * (2) NMFS-approved scale--(i) Scale test report form. Mothership vessel operators are responsible for conducting scale tests and for recording the scale test information on the scale test report form as specified at Sec. 660.15(b), for mothership vessels. (ii) Printed scale reports. Requirements pertaining to printed scale reports and scale weight printouts are specified at Sec. 660.15(b), for mothership vessels. (iii) Retention of scale records and reports. Vessels must maintain scale test report forms on board until the end of the fishing year during which the tests were conducted, and make the report forms available to observers, NMFS staff, or authorized officers. In addition, the scale test report forms must be maintained for 3 years after the end of the fishing year during which the tests were performed. All scale test report forms must be signed by the operator. * * * * * (d) * * * (2) NMFS-approved scales--(i) Scale test report form. Catcher/ processor vessel operators are responsible for conducting scale tests and for recording the scale test information on the scale test report form as specified at Sec. 660.15(b), for catcher/processor vessels. (ii) Printed scale reports. Specific requirements pertaining to printed scale reports and scale weight printouts are specified at Sec. 660.15(b), for catcher/processor vessels. (iii) Retention of scale records and reports. The vessel must maintain the scale test report form on board until the end of the fishing year during which the tests were conducted, and make the report forms available to observers, NMFS staff, or authorized officers. In addition, the scale test report forms must be maintained for 3 years after the [[Page 27011]] end of the fishing year during which the tests were performed. All scale test report forms must be signed by the operator. * * * * * 0 5. In Sec. 660.150, revise paragraphs (b)(1)(ii) introductory text and (b)(1)(ii)(A) and (C) to read as follows: Sec. 660.150 Mothership (MS) Coop Program. * * * * * (b) * * * (1) * * * (ii) Mothership vessel responsibilities. The owner and operator of a mothership vessel must: (A) Recordkeeping and reporting. Maintain a valid declaration as specified at Sec. 660.13(d); maintain records as specified at Sec. 660.113(a); and maintain and submit all records and reports specified at Sec. 660.113(c) including, economic data, scale tests records, cease fishing reports, and cost recovery. * * * * * (C) Catch weighing requirements. The owner and operator of a mothership vessel must: (1) Ensure that all catch is weighed in its round form on a NMFS- approved scale that meets the requirements described in section Sec. 660.15(b); (2) Provide a NMFS-approved platform scale, belt scale, and test weights that meet the requirements described in section Sec. 660.15(b). * * * * * 0 6. In Sec. 660.160, revise paragraphs (b)(1)(ii) introductory text and (b)(1)(ii)(A) and (C) to read as follows: Sec. 660.160 Catcher/processor (C/P) Coop Program. * * * * * (b) * * * (1) * * * (ii) Catcher/processor vessel responsibilities. The owner and operator of a catcher/processor vessel must: (A) Recordkeeping and reporting. Maintain a valid declaration as specified at Sec. 660.13(d); maintain records as specified at Sec. 660.113(a); and maintain and submit all records and reports specified at Sec. 660.113(d) including, economic data, scale tests records, cease fishing reports, and cost recovery. * * * * * (C) Catch weighing requirements. The owner and operator of a catcher/processor vessel must: (1) Ensure that all catch is weighed in its round form on a NMFS- approved scale that meets the requirements described in Sec. 660.15(b); (2) Provide a NMFS-approved platform scale, belt scale, and test weights that meet the requirements described in Sec. 660.15(b). * * * * * [FR Doc. 2016-10476 Filed 5-4-16; 8:45 am] BILLING CODE 3510-22-P
![27006 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
Secretary will ordinarily provide no procedures and provisions detailed in Register Web site at https://
written response to a rejected request. 10 CFR 430.5. www.federalregister.gov. Background
(2) If the Secretary receives no [FR Doc. 2016–03190 Filed 5–4–16; 8:45 am] information and documents are
properly filed requests after the posting BILLING CODE 6450–01–P
available at the NMFS West Coast
of a rule and identifies no errors on the Region Web site at http://
Secretary’s own initiative, the Secretary www.westcoast.fisheries.noaa.gov/
will in due course submit the rule as it fisheries/groundfish/index.html and at
DEPARTMENT OF COMMERCE
was posted to be Office of the Federal the Pacific Fishery Management
Register for publication. This will occur National Oceanic and Atmospheric Council’s Web site at http://
after the 30-day period prescribed by Administration www.pcouncil.org/.
paragraph (c)(2) of this section has Motherships and Catcher/Processors
elapsed. 15 CFR Part 902
An at-sea scale program was
(3) If the Secretary receives a properly developed for the Alaska groundfish
filed request after issuance of a rule and 50 CFR Part 660
fishery in 1998 to provide catch
determines that a correction is [Docket No. 151005920–6371–02] accounting that was more precise and
necessary, the Secretary will absent verifiable at the individual haul level
extenuating circumstances, submit a RIN 0648–BF39
and less dependent on estimates
corrected rule for publication in the generated by at-sea observers (February
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Federal Register within 30 days after 4, 1998; 63 FR 5836). The at-sea scale
Pacific Coast Groundfish Fishery
the 30-day period prescribed by program supported implementation of a
Management Plan; Trawl
paragraph (c)(2) of this section has large-scale quota share program that
Rationalization Program; Flow Scale
elapsed. required verifiable and defensible
Requirements
(4) Consistent with the Act, estimates of harvest. Since
compliance with an energy conservation AGENCY: National Marine Fisheries implemenation of those weighing
standard will be required upon the Service (NMFS), National Oceanic and requirements in 1998, at-sea scales have
specified compliance date as published Atmospheric Administration (NOAA), been used to provide reliable, precise
in the relevant rule in the Federal Commerce. and accurate estimates of catch in the
Register. ACTION: Final rule. Alaskan groundfish fisheries. At the
(5) Consistent with the Administrative same time, scale technology has evolved
Procedure Act, and other applicable SUMMARY: This action revises scale and NMFS has developed greater
law, the Secretary will ordinarily requirements for processing vessels that expertise in monitoring processing
designate an effective date for a rule are required to weigh fish at sea, i.e., activity.
mothership and catcher/processor Recent fraud on some vessels was
under this section that is no less than 30
vessels, and Shorebased Individual found to have resulted in systematic
days after the publication of the rule in
Fishery Quota Program (IFQ) first underestimates of scale weights used for
the Federal Register.
receivers. For motherships and catcher/ catch accounting. As a result, at-sea
(g) Alteration of standards. Until an processors that weigh fish at sea, the flow scale regulations for the Alaska
energy conservation standard has been action requires the use of updated scale Region at 50 CFR 679.28 were revised
published in the Federal Register, the technology, requires enhanced daily on December 18, 2014 (November 18,
Secretary may correct such standard, scale testing for flow scales (also known 2014; 79 FR 68610) to improve scale
consistent with the Administrative as belt scales), and requires the use of accuracy and reduce bias. Revisions to
Procedure Act. video to monitor the flow scale and the the Alaska regulations included a suite
(h) Judicial review. For determining area around the flow scale. For of modifications to the at-sea scales
the prematurity, timeliness, or lateness Shorebased IFQ first receivers, the program that included the use of flow
of a petition for judicial review pursuant action adds criteria for inseason flow scales capable of logging and printing
to section 336(b) of the Act (42 U.S.C. scale tests. In addition, the action the frequency and magnitude of scale
6306), a rule is considered ‘‘prescribed’’ includes housekeeping changes that are calibrations relative to previous
on the date when the rule is published intended to better align the regulations calibrations as well as the time and date
in the Federal Register. with defined terms, and to provide of each scale fault (or error) and scale
clarity and consistency between startup time; revised daily scale test
PART 431—ENERGY EFFICIENCY paragraphs. Action is needed to provide methods; and new requirements for
PROGRAM FOR CERTAIN precise and accurate catch estimates and video monitoring.
COMMERCIAL AND INDUSTRIAL to reduce the likelihood that vessels will In 2011, a trawl rationalization
EQUIPMENT under report harvests. program was implemented for the
Pacific Coast groundfish fishery which
DATES: Effective June 6, 2016.
■ 3. The authority citation for part 431 included scale requirements specified in
continues to read as follows: ADDRESSES: Address all comments regulation at § 660.15(b) (December 15,
concerning this rule to: William W. 2010; 75 FR 78344). These regulations
Authority: 42 U.S.C. 6291–6317.
Stelle Jr., Regional Administrator, West require mothership and catcher/
■ 4. Section 431.3 is added to subpart A Coast Region NMFS, 7600 Sand Point processor vessels to use scales certified
to read as follows: Way NE., Seattle, WA 98115–0070. for the Alaska groundfish fisheries. This
FOR FURTHER INFORMATION CONTACT: action modifies the Pacific Coast
ehiers on DSK5VPTVN1PROD with RULES
§ 431.3 Error correction procedure for Miako Ushio, (206) 526–4644. groundfish fishery regulations to be
energy conservation standards rules.
SUPPLEMENTARY INFORMATION: consistent with the Alaska Region’s
Requests for error-corrections 2014 regulation updates, thereby
pertaining to an energy conservation Electronic Access bringing them up to date with current
standard rule for commercial or This final rule is accessible via the technology, reducing the potential for
industrial equipment shall follow those Internet at the Office of the Federal scale tampering, and improving catch
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![27010 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
(E) The date the information is has been completed and the scale (c) * * *
printed; and indicator has returned to a zero. (5) Fail to weigh all fish taken and
(F) The name and vessel registration (ii) [Reserved] retained aboard the vessel on a scale
or documentation number of the vessel * * * * * that meets the performance and
making the landing. The person (e) Video monitoring systems used technical requirements specified at
operating the scale may write this monitor at-sea scales—(1) Performance § 660.15(b).
information on the scale printout in ink and technical requirements for video (6) Weigh fish taken and retained
at the time of printing. monitoring systems for the MS and C/P aboard the vessel without operating and
(4) Inseason scale testing. IFQ first Coop Programs. A video monitoring maintaining a video monitoring system
receivers must allow, and provide system used to monitor at-sea scales that meets the performance and
reasonable assistance to NMFS staff, must meet the system requirements and technical requirements specified at
NMFS-authorized personnel, and system inspections, set forth in 50 CFR § 660.15(e).
authorized officers to test scales used to 679.28(e)(1) through (4) and be issued a * * * * *
weigh IFQ fish. A scale that does not Video Monitoring Inspection Report ■ 4. In § 660.113, revise paragraphs
pass an inseason test may not be used verifying that the video system meets all (c)(2) and (d)(2) to read as follows:
to weigh IFQ fish until the scale passes applicable requirements for use in the
an inseason test or is approved for Alaska Pollock fishery. Any change to § 660.113 Trawl fishery—recordkeeping
continued use by the weights and the system must meet the requirements and reporting.
measures authorities of the State in specified at 50 CFR 679.28(e)(7) and be * * * * *
which the scale is located. approved by the Alaska Regional (c) * * *
(i) Inseason testing criteria. To pass an Administrator in writing before any (2) NMFS-approved scale—(i) Scale
inseason test, NMFS staff or authorized changes are made. test report form. Mothership vessel
officers must be able to verify that: (i) MS or C/P vessels required to operators are responsible for conducting
(A) The scale display and printed weigh fish at sea under the regulations scale tests and for recording the scale
information are clear and easily read in this section must: test information on the scale test report
under all conditions of normal (A) Provide and maintain a video form as specified at § 660.15(b), for
operation; monitoring system that provides mothership vessels.
(B) Weight values are visible on the sufficient resolution and field of view to (ii) Printed scale reports.
display until the value is printed; monitor: All areas where catch enters Requirements pertaining to printed
(C) The scale does not exceed the the scale, moves across the scale and scale reports and scale weight printouts
maximum permissible errors specified leaves the scale; any access point to the are specified at § 660.15(b), for
in this paragraph: scale from which the scale may be mothership vessels.
(1) Flow scales (also known as belt adjusted or modified by vessel crew (iii) Retention of scale records and
scales and weight belts). The maximum while the vessel is at sea; and the scale reports. Vessels must maintain scale test
permissible error is plus or minus 0.25 display and the indicator for the scale report forms on board until the end of
percent of the known weight of the test operating in a fault state. the fishing year during which the tests
material with repeatability between tests (B) Record and retain video for all were conducted, and make the report
of no more than 0.25 percent. Percent periods when catch that must be forms available to observers, NMFS
error is determined by subtracting the weighed is on board the vessel. staff, or authorized officers. In addition,
known weight of the test material or test (ii) [Reserved] the scale test report forms must be
weights from the weight recorded on the (2) Video Monitoring System maintained for 3 years after the end of
scale, dividing that amount by the Inspection Report. A current NMFS- the fishing year during which the tests
known weight of the test material or test issued Video Monitoring System were performed. All scale test report
weights, and multiplying by 100. Inspection Report must be maintained forms must be signed by the operator.
(2) All other scales. on board the vessel at all times the * * * * *
vessel is required to have an approved (d) * * *
Maximum video monitoring system. The Video (2) NMFS-approved scales—(i) Scale
Test load in scale divisions error in scale Monitoring System Inspection Report test report form. Catcher/processor
divisions
must be made available to the observer, vessel operators are responsible for
(i) 0–500 ............................... 1 NMFS staff, or to an authorized officer conducting scale tests and for recording
(ii) 501–2,000 ........................ 2 upon request. the scale test information on the scale
(iii) 2,001–4,000 .................... 3 (3) Retention of records. Consistent test report form as specified at
(iv) >4,000 ............................ 5 with the requirements set forth at 50 § 660.15(b), for catcher/processor
CFR 679.28(e)(1), the video data must be vessels.
(D) Automatic weighing systems. An maintained on the vessel and made (ii) Printed scale reports. Specific
automatic weighing system must be available on request by NMFS staff, or requirements pertaining to printed scale
provided and operational that will any individual authorized by NMFS. reports and scale weight printouts are
prevent fish from passing over the scale The data must be retained on board the specified at § 660.15(b), for catcher/
or entering any weighing hopper unless vessel for no less than 120 days after the processor vessels.
the following criteria are met: date the video is recorded, unless NMFS (iii) Retention of scale records and
(1) No catch may enter or leave a has notified the operator in writing that reports. The vessel must maintain the
weighing hopper until the weighing the video data may be retained for less scale test report form on board until the
ehiers on DSK5VPTVN1PROD with RULES
cycle is complete; than this 120-day period. end of the fishing year during which the
(2) No product may be cycled and ■ 3. In § 660.112, add paragraphs (c)(5) tests were conducted, and make the
weighed if the weight recording element and (6) to read as follows: report forms available to observers,
is not operational; and NMFS staff, or authorized officers. In
(3) No product may enter a weighing § 660.112 Trawl fishery—prohibitions. addition, the scale test report forms
hopper until the prior weighing cycle * * * * * must be maintained for 3 years after the
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![Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations 27011
end of the fishing year during which the weights that meet the requirements Applicability date: These regulations
tests were performed. All scale test described in § 660.15(b). apply to suspensions for which the
report forms must be signed by the * * * * * approval or denial is issued on or after
operator. [FR Doc. 2016–10476 Filed 5–4–16; 8:45 am] April 26, 2016. In the case of a
* * * * * BILLING CODE 3510–22–P systemically important plan, the final
■ 5. In § 660.150, revise paragraphs
regulations apply with respect to any
(b)(1)(ii) introductory text and modified suspension implemented on or
(b)(1)(ii)(A) and (C) to read as follows: after April 26, 2016.
DEPARTMENT OF THE TREASURY
FOR FURTHER INFORMATION CONTACT: The
§ 660.150 Mothership (MS) Coop Program. Internal Revenue Service Department of the Treasury MPRA
* * * * * guidance information line at (202) 622–
(b) * * * 26 CFR Part 1 1559 (not a toll-free number).
(1) * * * SUPPLEMENTARY INFORMATION:
(ii) Mothership vessel responsibilities. [TD 9767]
The owner and operator of a mothership Background
RIN 1545–BN24
vessel must: This document contains amendments
(A) Recordkeeping and reporting. Additional Limitation on Suspension of to the Income Tax Regulations (26 CFR
Maintain a valid declaration as specified Benefits Applicable to Certain Pension part 1) under section 432(e)(9) of the
at § 660.13(d); maintain records as Plans Under the Multiemployer Internal Revenue Code (Code), as
specified at § 660.113(a); and maintain Pension Reform Act of 2014 amended by section 201 of the
and submit all records and reports Multiemployer Pension Reform Act of
specified at § 660.113(c) including, AGENCY: Internal Revenue Service (IRS), 2014, Division O of the Consolidated
economic data, scale tests records, cease Treasury. and Further Continuing Appropriations
fishing reports, and cost recovery. ACTION: Final regulations. Act, 2015, Public Law 113–235 (128
* * * * * Stat. 2130 (2014)) (MPRA).1 As
SUMMARY: The Multiemployer Pension amended, section 432(e)(9) permits plan
(C) Catch weighing requirements. The Reform Act of 2014 (‘‘MPRA’’), which
owner and operator of a mothership sponsors of certain multiemployer plans
was enacted by Congress as part of the to reduce the plan benefits payable to
vessel must: Consolidated and Further Continuing
(1) Ensure that all catch is weighed in participants and beneficiaries by plan
Appropriations Act of 2015, relates to amendment (referred to in the statute as
its round form on a NMFS-approved multiemployer defined benefit pension
scale that meets the requirements a ‘‘suspension of benefits’’) if specified
plans that are projected to have conditions are satisfied. A plan sponsor
described in section § 660.15(b); insufficient funds, within a specified
(2) Provide a NMFS-approved that seeks to implement a suspension of
timeframe, to pay the full plan benefits benefits must submit an application for
platform scale, belt scale, and test to which individuals will be entitled
weights that meet the requirements approval of that suspension to the
(referred to as plans in ‘‘critical and Secretary of the Treasury. The Secretary
described in section § 660.15(b). declining status’’). Under MPRA, the of the Treasury, in consultation with the
* * * * * sponsor of such a plan is permitted to Pension Benefit Guaranty Corporation
■ 6. In § 660.160, revise paragraphs reduce the pension benefits payable to and the Secretary of Labor (generally
(b)(1)(ii) introductory text and plan participants and beneficiaries if referred to in this preamble as the
(b)(1)(ii)(A) and (C) to read as follows: certain conditions and limitations are Treasury Department, PBGC, and Labor
satisfied (referred to in MPRA as a Department, respectively), is required
§ 660.160 Catcher/processor (C/P) Coop ‘‘suspension of benefits’’). One specific
Program. by the statute to approve the application
limitation governs the application of a upon finding that certain specified
* * * * * suspension of benefits under any plan conditions are satisfied.
(b) * * * that includes benefits directly One condition, set forth in section
(1) * * * attributable to a participant’s service 432(e)(9)(D)(vii), is a specific limitation
(ii) Catcher/processor vessel with any employer that has withdrawn on how a suspension of benefits must be
responsibilities. The owner and operator from the plan in a complete withdrawal, applied under a plan that includes
of a catcher/processor vessel must: paid its full withdrawal liability, and, benefits that are directly attributable to
(A) Recordkeeping and reporting. pursuant to a collective bargaining a participant’s service with any
Maintain a valid declaration as specified agreement, assumed liability for employer described in section
at § 660.13(d); maintain records as providing benefits to participants and 432(e)(9)(D)(vii)(III). An employer is
specified at § 660.113(a); and maintain beneficiaries equal to any benefits for described in section 432(e)(9)(D)(vii)(III)
and submit all records and reports such participants and beneficiaries if the employer has, prior to the date
specified at § 660.113(d) including, reduced as a result of the financial MPRA was enacted (December 16,
economic data, scale tests records, cease status of the plan. This document 2014): (1) Withdrawn from the plan in
fishing reports, and cost recovery. contains final regulations that provide a complete withdrawal under section
* * * * * guidance relating to this specific
(C) Catch weighing requirements. The limitation. These regulations affect 1 Section 201 of MPRA makes parallel
owner and operator of a catcher/ active, retired, and deferred vested amendments to section 305 of the Employee
processor vessel must: participants and beneficiaries under any Retirement Income Security Act of 1974, Public
ehiers on DSK5VPTVN1PROD with RULES
Law 93–406 (88 Stat. 829 (1974)), as amended
(1) Ensure that all catch is weighed in such multiemployer plan in critical and (ERISA). The Treasury Department has interpretive
its round form on a NMFS-approved declining status as well as employers jurisdiction over the subject matter of these
scale that meets the requirements contributing to, and sponsors and provisions under ERISA as well as the Code. See
administrators of, those plans. also section 101 of Reorganization Plan No. 4 of
described in § 660.15(b); 1978 (43 FR 47713). Thus, these final Treasury
(2) Provide a NMFS-approved DATES: Effective date: These regulations regulations issued under section 432 of the Code
platform scale, belt scale, and test are effective on May 5, 2016. apply as well for purposes of section 305 of ERISA.
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Document Created: 2016-05-05 01:15:25
Document Modified: 2016-05-05 01:15:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 6, 2016. | |
| Contact | Miako Ushio, (206) 526-4644. | |
| FR Citation | 81 FR 27006 | |
| RIN Number | 0648-BF39 | |
| CFR Citation | 15
CFR
902 50 CFR 660 | |
| CFR Associated | Reporting and Recordkeeping Requirements; Fisheries; Fishing and Indian Fisheries |
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