81 FR 2831 - 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 11 (January 19, 2016)

Page Range		2831-2836
FR Document		2016-00585
This proposed rule would revise 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 proposed action would require the use of updated scale technology, require enhanced daily scale testing for flow scales (also known as belt scales), and require the use of video to monitor the flow scale and the area around the flow scale. For Shorebased IFQ first receivers, the proposed action would add 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.
Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2831-2836]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00585]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 151005920-5999-01]
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: Proposed rule; request for comments.

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SUMMARY: This proposed rule would revise 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 proposed action would 
require the use of updated scale technology, require enhanced daily 
scale testing for flow scales (also known as belt scales), and require 
the use of video to monitor the flow scale and the area around the flow 
scale. For Shorebased IFQ first receivers, the proposed action would 
add 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: Comments on this proposed rule must be received by February 18, 
2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0150, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0150, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; 
Attn: Becky Renko.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to William W. Stelle Jr., Regional 
Administrator, West Coast Region NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070 and to OMB by email to 
[email protected] or fax to (202) 395-7285.

SUPPLEMENTARY INFORMATION: 

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. 
Modifying the Pacific Coast groundfish fishery regulations to be 
consistent with the Alaska Region's 2014 regulation updates would bring 
the regulations up to date with current technology, reduce the 
potential for scale tampering, and improve catch 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 proposing revisions consistent

[[Page 2832]]

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 proposed rule would update the requirements for scales 
consistent with the 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 would include improvements to daily scale 
tests. The types of material used for the daily scale test would be 
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 would 
be clearly stated in regulations. In addition, new requirements for 
documenting failed scale tests, and printing audit and calibration 
reports would be specified.
    Regulatory revisions would 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 would be 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 would be required to maintain the video imagery for at least 
120 days and make the imagery available to NMFS upon request. All of 
the vessels subject to at-sea scales requirements are already required 
to have video systems for the Alaska fisheries. Therefore, the 
increased burden to the processing vessels would primarily be the time 
to operate the systems while fishing in the Pacific whiting fishery.

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 recievers 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 would revise regulations to include performance 
and technical requirements for flow scales used at IFQ first receivers. 
In addition, several minor technical changes would be made. The 
regulatory changes for first receivers would 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 would be 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 update cross references. Minor changes 
are made 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.

Classification

    NMFS has made a preliminary determination that the proposed action 
is consistent with FMP, the Magnuson Stevens Conservation and 
Management Act, and other applicable laws. In making its final 
determination, NMFS will take into account the complete record, 
including the data, views, and comments received during the comment 
period.
    The Office of Management and Budget has determined that this 
proposed rule 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 (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities.
    The SBA has established size criteria for all major industry 
sectors in the United States, including fish harvesting and fish 
processing businesses. A business involved in fish harvesting is a 
small business if it is independently owned and operated and not 
dominant in its field of operation (including its affiliates) and if it 
has combined annual receipts not in excess of $20.5 million for all its 
affiliated operations worldwide. For commercial shellfish harvesters, 
the other qualifiers apply and the receipts threshold is $5.5 million. 
For other marine fishing, a small business is one with annual receipts 
not in excess of $7.5 million. For purposes of rulemaking, NMFS is 
applying the $20.5 million standard to catcher/processors because they 
are involved in the commercial harvest of finfish. A seafood processor 
is a small business if it is independently owned and operated, not 
dominant in its field of operation, and employs 500 or fewer persons on 
a full time, part time, temporary, or other basis, at all its 
affiliated operations worldwide. A wholesale business servicing the 
fishing industry is a small business if it employs 100 or fewer persons 
on a full time, part time, temporary, or other basis, at all its 
affiliated operations worldwide.
    The mothership and catcher/processor vessels affected by the 
proposed action have gross revenues that exceed $20.5 million and thus 
are not considered to be small entities.
    IFQ first receivers receive, purchase, or take custody, control, or 
possession of fish onshore directly from IFQ vessels. In 2012, a total 
of 26 companies

[[Page 2833]]

accepted IFQ fish as first receivers: nine accepted Pacific whiting, 25 
accepted fish from the IFQ non-whiting trawl, and 19 accepted fish from 
the non-trawl IFQ. Sixteen of the 26 IFQ first receivers are 
independently owned and operated, not dominant in their field of 
operation, and employ 500 or fewer persons on a full time, part time, 
temporary, or other basis, at all affiliated operations worldwide, and 
are considered small businesses under the SBA guidelines. First 
receiver earnings are comprised of fish sales, offloading revenue, 
custom processing revenue, and revenue from leasing or selling quota.
    Although the inclusion of inseason flow scale testing criteria 
affects all first receivers, it is unlikely that smaller non-whiting 
first receivers will have the need to install flow scales. To date, 
flow scales have been used by Pacific whiting first receivers to weigh 
large volumes of unsorted fish. The only groundfish fishery allowed to 
land large volumes of unsorted fish is the Pacific whiting fishery. Two 
of the nine first receivers who accept and purchase Pacific whiting 
would be considered small according to the SBA guidelines. Some of the 
Pacific whiting first receivers share ownership of vessels and some 
companies own multiple first receiver facilities. In addition to 
Pacific whiting, the Pacific whiting first receivers process other 
Pacific Coast species including: Pink shrimp, non-whiting groundfish, 
crab, and coastal pelagic species.
    Current regulations require IFQ first receivers to use scales that 
are tested for accuracy and approved for use by the state where the 
scale is located. During the fishing season NMFS staff, NMFS-authorized 
personnel, and authorized officers conduct accuracy tests on scales 
used to weigh IFQ fish. Inseason test criteria are needed to determine 
if the scales are functioning accurately between state testings. A 
scale that does not pass an inseason test may not be used to weigh IFQ 
catch 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. Since the start of the Shorebased IFQ 
Program in 2011, three of the nine Pacific Whiting IFQ first receivers 
have installed flow scales. Two of the three Pacific whiting IFQ first 
receivers that have installed flow scales are considered small 
businesses.
    The testing criteria defined by this action for flow scales are 
consistent with the National Institute of Standards and Technology and 
the criteria used by the states. Because state laws already require 
commercial scales to meet accuracy standards set out by the National 
Institute of Standards and Technology, the cost of inseason testing to 
ensuring compliance between state testings is expected to be minimal. 
The proposed action is not expected to result in a significant economic 
effect on a substantial number of small entities. Establishing inseason 
scale test criteria for this new type of scale would result in inseason 
scale test requirements that are more equitable between all first 
receivers. The proposed action is primarily administrative in bringing 
the regulations up to date with current practices. An initial 
regulatory flexibility analysis is not required and none has been 
prepared because this proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval 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.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to 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 in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: January 8, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. 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
2. In Sec.  660.15, revise paragraphs (a), (b), (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

[[Page 2834]]

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 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

[[Page 2835]]

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;
    (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

[[Page 2836]]

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 (c)(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 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, 
(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)(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. 2016-00585 Filed 1-15-16; 8:45 am]
 BILLING CODE 3510-22-P
2832 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

with the revisions made for the Alaska subject to at-sea scales requirements are vessel responsibilities relative to
groundfish fishery and with the intent already required to have video systems observer platform scale.
of enforcement and monitoring for the Alaska fisheries. Therefore, the
Classification
provisions implemented under increased burden to the processing
Amendment 20 to the Pacific Coast vessels would primarily be the time to NMFS has made a preliminary
groundfish fishery management plan operate the systems while fishing in the determination that the proposed action
(FMP). Pacific whiting fishery. is consistent with FMP, the Magnuson
This proposed rule would update the Stevens Conservation and Management
requirements for scales consistent with IFQ First Receivers Act, and other applicable laws. In
the Alaska regulations at § 679.28. Regulations at § 660.15(c) define the making its final determination, NMFS
Improved scale technology includes performance and technical requirements will take into account the complete
features that allow NMFS to determine for scales used to weigh fish at record, including the data, views, and
how well the flow scales are performing, Shorebased IFQ first receivers. Since the comments received during the comment
and improve the accuracy and reliability Shorebased IFQ program was period.
of flow scale measurements. Because the The Office of Management and Budget
implemented in 2011, some Shorebased
mothership and catcher/processor has determined that this proposed rule
IFQ first recievers located in Oregon and
vessels already have upgraded scale is not significant for purposes of
Washington have installed flow scales.
systems for the Alaska Fisheries, and Executive Order 12866.
The states of Oregon and Washington The Chief Counsel for Regulation of
the scales are certified through annual test the flow scales consistent with
testing provided by the Alaska Region, the Department of Commerce certified
national weights and measures to the Chief Counsel for Advocacy of the
aligning the performance and technical standards. This action would revise
requirements is reasonable and not Small Business Administration (SBA)
regulations to include performance and that this proposed rule, if adopted,
expected to result in added costs to the technical requirements for flow scales
vessels. would not have a significant economic
used at IFQ first receivers. In addition, impact on a substantial number of small
Regulatory revisions would include
several minor technical changes would entities.
improvements to daily scale tests. The
be made. The regulatory changes for The SBA has established size criteria
types of material used for the daily scale
first receivers would include revisions for all major industry sectors in the
test would be limited to test materials
to inseason scale test requirements United States, including fish harvesting
(i.e., pre-weighed sand bags) supplied
specific to flow scales; adding catch and fish processing businesses. A
by the scale manufacturer or approved
monitors to the list of individuals that business involved in fish harvesting is
by a NMFS-authorized scale inspector.
have access to scale displays and a small business if it is independently
The minimum amount of weight for
each test and the number of runs would printouts; revisions to inseason scale owned and operated and not dominant
be clearly stated in regulations. In test requirements specific to flow scales; in its field of operation (including its
addition, new requirements for and the correction of a value for affiliates) and if it has combined annual
documenting failed scale tests, and maximum error in scale divisions. receipts not in excess of $20.5 million
printing audit and calibration reports Housekeeping for all its affiliated operations
would be specified. worldwide. For commercial shellfish
Regulatory revisions would require Numerous minor changes would be harvesters, the other qualifiers apply
that all mothership and catcher/ made throughout the regulations at 50 and the receipts threshold is $5.5
processors vessels use video monitoring CFR 660.15, 660.113, 660.150 and million. For other marine fishing, a
systems that meet the Alaska fishery 660.160 for clarity, to better align small business is one with annual
system requirements, specified at different sections of the regulations, to receipts not in excess of $7.5 million.
§ 679.28(e), when they are fishing in the update cross references, and for For purposes of rulemaking, NMFS is
Pacific Coast groundfish fishery. The consistency in the use of terms. applying the $20.5 million standard to
video monitoring systems allow the Paragraph 660.15(a) is revised to remove catcher/processors because they are
activities around the flow scale to be reporting requirements that are repeated involved in the commercial harvest of
monitored to ensure that the flow scale in other more appropriate sections of finfish. A seafood processor is a small
is functioning properly (e.g., that the the regulations. Regulatory language business if it is independently owned
flow scale is not running while in a fault originally adopted from the Alaska and operated, not dominant in its field
(error) state); ensure that all fish are Groundfish fisheries is not consistent of operation, and employs 500 or fewer
being weighed; detect when crew with language used for the Pacific Coast persons on a full time, part time,
members are working on the flow scale; groundfish fishery; therefore, minor temporary, or other basis, at all its
and ensure that daily flow scale tests are revisions are made to paragraph affiliated operations worldwide. A
being conducted on the required § 660.15(b) for clarity and to be wholesale business servicing the fishing
schedule and with the appropriate test consistent with other sections of the industry is a small business if it
weights. The video systems would be Pacific Coast groundfish regulations. employs 100 or fewer persons on a full
required to capture imagery of areas Minor changes are made at § 660.15(c) time, part time, temporary, or other
where the catch enters, moves across to revise terms for consistent use basis, at all its affiliated operations
and leaves the scale; of any access throughout the regulations. Minor worldwide.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

points that may be adjusted or modified changes are made at § 660.113 to revise The mothership and catcher/
by crew; and of the scale display and terms for consistent use throughout the processor vessels affected by the
the indicator of when the scale is regulations and update cross references. proposed action have gross revenues
operating in a fault state. Consistent Minor changes are made §§ 660.150(b) that exceed $20.5 million and thus are
with the Alaska requirements, the vessel and 660.160(b) to revise terms for not considered to be small entities.
operator would be required to maintain consistent use throughout the IFQ first receivers receive, purchase,
the video imagery for at least 120 days regulations, and update cross references, or take custody, control, or possession
and make the imagery available to to add missing references for cease of fish onshore directly from IFQ
NMFS upon request. All of the vessels fishing reports and to add clarity to the vessels. In 2012, a total of 26 companies

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2836 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

any individual authorized by NMFS. the scale test report forms must be economic data, scale tests records, cease
The data must be retained on board the maintained for 3 years after the end of fishing reports, and cost recovery.
vessel for no less than 120 days after the the fishing year during which the tests * * * * *
date the video is recorded, unless NMFS were performed. All scale test report (C) Catch weighing requirements. The
has notified the operator in writing that forms must be signed by the operator. owner and operator of a mothership
the video data may be retained for less * * * * * vessel must:
than this 120-day period. (d) * * * (1) Ensure that all catch is weighed in
■ 3. In § 660.112, add paragraphs (c)(5) (2) NMFS-approved scales. its round form on a NMFS-approved
and (c)(6) to read as follows: (i) Scale test report form. Catcher/ scale that meets the requirements
processor vessel operators are described in section § 660.15(b);
§ 660.112 Trawl fishery—prohibitions. responsible for conducting scale tests
* * * * * (2) Provide a NMFS-approved
and for recording the scale test
(c) * * * platform scale, belt scale, and test
information on the scale test report form
(5) Fail to weigh all fish taken and weights that meet the requirements
as specified at § 660.15(b), for catcher/
retained aboard the vessel on a scale described in section § 660.15(b).
processor vessels.
that meets the performance and (ii) Printed scale reports. Specific * * * * *
technical requirements specified at requirements pertaining to printed scale ■ 6. In § 660.160, revise paragraphs
§ 660.15(b). reports and scale weight printouts are (b)(1)(ii)(A) and (C) to read as follows:
(6) Weigh fish taken and retained specified at § 660.15(b), for catcher/
aboard the vessel without operating and § 660.160 Catcher/processor (C/P) Coop
processor vessels. Program.
maintaining a video monitoring system (iii) Retention of scale records and
that meets the performance and reports. The vessel must maintain the * * * * *
technical requirements specified at scale test report form on board until the (b) * * *
§ 660.15(e). end of the fishing year during which the (1) * * *
* * * * * tests were conducted, and make the (ii) Catcher/processor vessel
■ 4. In § 660.113, revise paragraphs report forms available to observers, responsibilities. The owner and operator
(c)(2) and (d)(2) to read as follows: NMFS staff, or authorized officers. In of a catcher/processor vessel must:
addition, the scale test report forms (A) Recordkeeping and reporting.
§ 660.113 Trawl fishery—recordkeeping must be maintained for 3 years after the Maintain a valid declaration as specified
and reporting.
end of the fishing year during which the at § 660.13(d); maintain records as
* * * * * tests were performed. All scale test specified at § 660.113(a); and maintain
(c) * * * report forms must be signed by the and submit all records and reports
(2) NMFS-approved scale. operator. specified at § 660.113(d) including,
(i) Scale test report form. Mothership economic data, scale tests records, cease
* * * * *
vessel operators are responsible for ■ 5. In § 660.150, revise paragraphs fishing reports, and cost recovery.
conducting scale tests and for recording (b)(1)(ii) introductory text, (b)(1)(ii)(A) * * * * *
the scale test information on the scale and (C) to read as follows:
test report form as specified at (C) Catch weighing requirements. The
§ 660.15(b), for mothership vessels. § 660.150 Mothership (MS) Coop Program.
owner and operator of a catcher/
(ii) Printed scale reports. processor vessel must:
* * * * * (1) Ensure that all catch is weighed in
Requirements pertaining to printed (b) * * *
scale reports and scale weight printouts (1) * * * its round form on a NMFS-approved
are specified at § 660.15(b), for (ii) Mothership vessel responsibilities. scale that meets the requirements
mothership vessels. The owner and operator of a mothership described in § 660.15(b);
(iii) Retention of scale records and vessel must: (2) Provide a NMFS-approved
reports. Vessels must maintain scale test (A) Recordkeeping and reporting. platform scale, belt scale, and test
report forms on board until the end of Maintain a valid declaration as specified weights that meet the requirements
the fishing year during which the tests at § 660.13(d); maintain records as described in § 660.15(b).
were conducted, and make the report specified at § 660.113(a); and maintain * * * * *
forms available to observers, NMFS and submit all records and reports [FR Doc. 2016–00585 Filed 1–15–16; 8:45 am]
staff, or authorized officers. In addition, specified at § 660.113(c) including, BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

VerDate Sep<11>2014 15:55 Jan 15, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4702 Sfmt 9990 E:\FR\FM\19JAP1.SGM 19JAP1
Document Created: 2016-01-16 01:09:21
Document Modified: 2016-01-16 01:09:21
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		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Comments on this proposed rule must be received by February 18, 2016.
FR Citation		81 FR 2831
RIN Number		0648-BF39
CFR Associated		Fisheries; Fishing and Indian Fisheries
81 FR 2831 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale Requirements

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 11 (January 19, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
