81_FR_50583 81 FR 50436 - Fisheries of the Exclusive Economic Zone off Alaska; Modifications to Recordkeeping and Reporting Requirements

81 FR 50436 - Fisheries of the Exclusive Economic Zone off Alaska; Modifications to Recordkeeping and Reporting Requirements

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50436-50444
FR Document2016-18110

NMFS issues a proposed rule that would modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Bering Sea/Aleutian Islands management areas. This proposed rule is organized into four actions. Under the first action, NMFS would implement a requirement for tender vessel operators to use the applications software ``tLandings'' to prepare electronic landing reports. This action is necessary to improve timeliness and reliability of landing reports for catcher vessels delivering to tender vessels for use in catch accounting and inseason management. Under the second action, NMFS would modify the definition of a buying station. This action is necessary to clarify the different requirements that apply to tender vessels and land-based buying stations. Under the third action, NMFS would remove the requirement for buying stations to complete the buying station report because this report is no longer necessary. Under the fourth action, NMFS would revise the definition of a mothership to remove unnecessary formatting without changing the substance of the definition. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and other applicable laws.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Proposed Rules]
[Pages 50436-50444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18110]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160225147-6147-01]
RIN 0648-BF83


Fisheries of the Exclusive Economic Zone off Alaska; 
Modifications to Recordkeeping and Reporting 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: NMFS issues a proposed rule that would modify the 
recordkeeping and reporting requirements for the groundfish fisheries 
in the Gulf of Alaska and the Bering Sea/Aleutian Islands management 
areas. This proposed rule is organized into four actions. Under the 
first action, NMFS would implement a requirement for tender vessel 
operators to use the applications software ``tLandings'' to prepare 
electronic landing reports. This action is necessary to improve 
timeliness and reliability of landing reports for catcher vessels 
delivering to tender vessels for use in catch accounting and inseason 
management. Under the second action, NMFS would

[[Page 50437]]

modify the definition of a buying station. This action is necessary to 
clarify the different requirements that apply to tender vessels and 
land-based buying stations. Under the third action, NMFS would remove 
the requirement for buying stations to complete the buying station 
report because this report is no longer necessary. Under the fourth 
action, NMFS would revise the definition of a mothership to remove 
unnecessary formatting without changing the substance of the 
definition. This proposed rule is intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act, the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (BSAI FMP), the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (GOA FMP), and other 
applicable laws.

DATES: Submit comments on or before August 31, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0021, 
by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0021, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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 personally identifiable 
information (e.g., name, address), 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).
    Electronic copies of the Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (RIR/IRFA) (collectively referred to as 
the ``Analysis'') and the Categorical Exclusion prepared for this 
proposed rule may be obtained from http://www.regulations.gov or from 
the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
    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 NMFS (see ADDRESSES) and by email to 
[email protected] or fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS Alaska Region manages the U.S. groundfish fisheries in the 
Exclusive Economic Zone off Alaska under the BSAI FMP and the GOA FMP. 
The FMPs were prepared by the North Pacific Fishery Management Council, 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act) and other 
applicable laws, and approved by the Secretary of Commerce. NMFS is 
authorized under both groundfish FMPs to implement recordkeeping and 
reporting requirements that are necessary to provide the information 
needed to conserve and manage the groundfish fisheries off Alaska. 
Regulations implementing the FMPs appear at 50 CFR part 679. General 
regulations that pertain to U.S. fisheries appear at subpart H of 50 
CFR part 600. Recordkeeping and reporting regulations appear at Sec.  
679.5.

Background

    This proposed rule is organized into four actions. Under the first 
action, NMFS would implement a requirement for tender vessel operators 
to use tLandings. Under the second action, NMFS would modify the 
definition of buying station so that tender vessels and land-based 
buying stations are differentiated under the regulations. Under the 
third action, NMFS would remove the requirement for buying stations to 
complete the buying station report. Under the fourth action, NMFS would 
modify the definition of a mothership to simplify the unnecessary 
paragraph formatting. The following sections of the preamble describe: 
(1) Background on the Interagency Electronic Reporting System, 
tendering, and tLandings; (2) the need for action; and (3) the proposed 
rule and its anticipated effects.

Interagency Electronic Reporting System

    The Interagency Electronic Reporting System (IERS) is a 
collaborative program for reporting commercial fishery landings 
administered by NMFS, Alaska Department of Fish and Game (ADF&G), and 
the International Pacific Halibut Commission. The IERS consists of 
three main components: eLandings--a web-based application for immediate 
harvest data upload from internet-capable vessels or processors; 
seaLandings--a desktop application for vessels at sea without internet 
capability which transmits reports by satellite phone; and tLandings--a 
software application for tender vessels that records landings data on a 
USB flash drive (``thumb-drive'') that includes all of the data fields 
required under IERS. Current regulations require that landing reports 
be submitted via eLandings, or seaLandings for halibut, sablefish, and 
crab fisheries (Sec.  679.5(e)(5)). NMFS requires all shoreside or 
floating processors that hold a Federal processing permit (FPP) to use 
eLandings or other NMFS-approved software to submit landing reports for 
all groundfish species. All motherships holding a Federal fisheries 
permit (FFP) are required to enter landing information in eLandings, 
unless an internet connection is not available. seaLandings may be used 
when an internet connection is not available. Catcher/processors with 
an FFP are required to use eLandings, or seaLandings (when no internet 
connection is available), to submit Daily Production Reports.
    NMFS has identified electronic reporting through eLandings as a way 
to improve data quality, automate processing of data, improve the 
process for correcting or updating information, allow for the 
availability of more timely data for fishery managers, and reduce 
duplicative reporting of similar information to multiple agencies.

Tendering

    A tender vessel is defined under Sec.  679.2 as a vessel that is 
used to transport unprocessed fish or shellfish received from another 
vessel to an associated processor. An associated processor is defined 
under Sec.  679.2 as having a contractual relationship with a buying 
station to conduct groundfish buying station activities for that 
processor. The contractual relationship in the Federal regulations 
creates joint responsibility for recordkeeping and reporting. A tender 
vessel is also included under the definition of a buying station, which 
receives unprocessed groundfish from a vessel for delivery to a 
shoreside processor, stationary floating processor, or mothership, but 
does not process fish (Sec.  679.2). Buying stations include both 
tender vessels and land-based entities.

[[Page 50438]]

The practice of tendering allows a fishing vessel to deliver its catch 
to another vessel and resume fishing without the delay associated with 
traveling to port and returning to the fishing area. One tender vessel 
can service multiple fishing vessels, depending on its capacity and the 
regulations that limit tendering. For more information on tendering, 
see Section 1.5 of the Analysis.
    Since tender vessels transport harvested fish to a processor and do 
not process the fish themselves, they are currently not required to 
participate in the IERS. Currently, tender vessels provide a written 
landing report for each delivery, commonly known as a ``fish ticket'' 
to the processor on delivery; the processor then prepares a cumulative 
landing report in eLandings. Although there is an optional field in the 
eLandings landing report for tender vessel identification number, 
processors are not required to identify tender vessel deliveries. If 
the tender vessel is not identified, NMFS cannot distinguish a tender 
vessel delivery to a processor from a vessel delivery to a processor.
    The State of Alaska (State) allows vessels to contract with other 
vessels to receive fish from some fisheries managed by the State and 
deliver that fish to processors located within the State's 
jurisdiction. Unlike tenders, these vessels do not have a contract or 
association with a processor to transport unprocessed fish received 
from another vessel to a processor. Vessels engaging in this activity 
are called ``transporters'' under State regulations. The State created 
the statutory and regulatory authority for vessels to operate as 
transporters in 2003. Transporters must have a transporter permit from 
ADF&G, and, under a contractual arrangement with the vessel, are 
considered agents of the vessel. Because of the requirement in Sec.  
679.2 for a contractual relationship with a processor, a vessel acting 
as a transporter under the State definition would not be categorized as 
a tender vessel under the Federal regulations. Therefore, none of the 
requirements that apply to tenders would apply to vessels operating as 
a transporter under State regulations, and the provisions of this 
proposed rule that apply to tenders would not apply to transporters. 
See Sections 1.5.3 and 1.6.1 of the Analysis for further description 
and discussion of transporters.

tLandings

    tLandings is a computer application used on computers onboard 
tender vessels. tLandings was developed for use on tender vessels 
without internet access. The tLandings application is loaded onto a 
thumb drive and configured with a list of the authorized users, the 
processor's vessel list, and a species list, and includes the option 
for the processor to add a price list. The tender vessel operator would 
create the landing reports and store them on the thumb drive. Once the 
tender vessel trip is completed, the tender vessel operator would 
provide the thumb drive to the processor for upload into the eLandings 
repository database. The processor would then upload the eLandings 
landing report to a NMFS central server. This system requires one-time 
data entry on the tender vessel and the information is transferred to 
the processor, and then to the agency via eLandings. Digital harvest 
reports improve catch accounting and streamline the process. Though the 
use of tLandings is currently voluntary, a growing number of tender 
vessels and processors are using tLandings (see Section 1.4 of the 
Analysis).
    Under the current regulations, the processor is responsible for 
reporting the information provided by the tender vessel on the fish 
ticket. The processor provides a booklet of fish tickets to associated 
tender vessels with the processor identification number printed on 
them. The tender vessel operator completes the fish ticket for each 
delivery and returns the fish tickets to the processor at the time of 
offload. Should the tender vessel submit an incorrect fish ticket, the 
processor would be responsible for tracking down the tender vessel to 
correct the information.
    In November 2015, ADF&G adopted State regulations to require the 
use of tLandings for tender vessels who have submitted more than 2,000 
salmon fish tickets or bought over 20 million pounds of salmon in 2012, 
2013, or 2014, and for all groundfish delivered to tender vessels. 
ADF&G estimated that roughly 55 tender vessels would meet the threshold 
for the new regulation, but many already used tLandings for halibut and 
sablefish, salmon, and groundfish reporting. The State tLandings 
requirement became effective January 2016.

Need for Action

    When a tender vessel receives catch from a vessel, the tender 
vessel operator completes a paper fish ticket. Once the transfer is 
complete, the vessel operator signs the paper fish ticket acknowledging 
the transfer of catch and agreeing to the information provided. When 
the tender vessel delivers the catch to the processor, the tender 
vessel operator provides the paper fish ticket to the processor. The 
processor then verifies the information and manually enters the fish 
ticket data into eLandings to create a landing report. Landing reports 
are required to be submitted to NMFS by noon of the day following the 
delivery. The processor's manual entry of fish ticket data, including 
review and correction of the data, sometimes makes it difficult for the 
processor to meet this submission deadline and can delay the 
availability of the tender vessel landing data to NMFS.
    The lack of electronic data from tenders reduces data reliability 
and timeliness. Additionally, with the lack of electronic data from 
tenders, NMFS is unable to differentiate deliveries to tender vessels 
from deliveries to processors unless the processor voluntarily enters 
the tender vessel identification number in the eLandings report. NMFS 
has, in the past, raised concerns about landings data reliability and 
timeliness in analyses presented to the Council and fishery 
participants.
    Data timeliness and reliability are paramount to effective inseason 
management. Almost real-time access to the data is particularly 
important for fast-paced fisheries that operate under small total 
allowable catch limits, constraining prohibited species catch (PSC) 
limits, or that have inconsistent and unpredictable levels of fishing 
effort. NMFS requires timely data for the successful management of 
these fisheries. In addition, NMFS uses timely data for any catch share 
program that involves transferable allocations of target species. NMFS 
inseason management and Office of Law Enforcement (OLE) rely on the 
data provided through eLandings to monitor compliance with requirements 
that quota holders not exceed their allocations. Management and 
enforcement of PSC-limited and catch share fisheries become more 
difficult when data access is delayed. For more information on the 
potential implications of the lack of electronic data entry on 
management, see Sections 1.3 and 2.4 of the Analysis.
    This proposed rule would require tenders to use tLandings. The 
mandatory use of tLandings would provide a streamlined data entry 
mechanism that ensures efficient, precise data transmission. This 
action is necessary to enable NMFS to identify tender vessel deliveries 
and to provide reliable, expeditious data for catch accounting and 
inseason management of fisheries with tender vessel deliveries.

[[Page 50439]]

This Proposed Rule and the Anticipated Effects

Action 1: Require Tender Vessel Operators To Use tLandings

    Under Action 1 of this proposed rule, tender vessel operators would 
be required to use tLandings to prepare electronic landing reports. 
Action 1 is necessary to improve data quality for deliveries made to 
tender vessels.
    Under this proposed rule, the eLandings user (defined as a 
representative of a processor under Sec.  679.2, i.e. an employee) 
would be required to supply the tender vessel operator with a 
``configured'' tLandings application for computer installation prior to 
the tender vessel operator taking delivery of fish or shellfish from a 
fishing vessel. A configured tLandings application would be preloaded 
with a list of the authorized users, the processor's vessel list, a 
species list, and other useful data for the associated processor and 
tender vessel operator. The tender vessel operator would record the 
required information in tLandings for each delivery the tender vessel 
accepted. Once the tender vessel delivered the catch to the associated 
processor, the user (as defined at 679.2) would be required to complete 
the eLandings landing report by uploading the tLandings data through 
the Processor Tender Interface component of eLandings by 1200 hours, 
Alaska local time, of the day following the completion of the delivery. 
The processor would be subject to the time limits for data submission 
specified under Sec.  679.5(e). Different time limits for data 
submission would apply depending on the type of processor, (i.e., there 
are differing submission time limit requirements for shoreside 
processors or stationary floating processors, motherships, individual 
fishing quota (IFQ) registered buyers, or registered crab receivers).
    The tender vessel operator would be responsible for completing the 
tLandings landing report and submitting it to the processor. This would 
create a joint responsibility for the tLandings landing report 
information for the tender vessel operator and the processor. Section 
1.9.4 of the Analysis provides additional detail on the monitoring and 
enforcement of the tLandings requirements.
    Under this proposed rule, the general costs associated with 
requiring tender vessels to enter landing reports into tLandings are 
mainly attributable to equipment and training. NMFS assumes that tender 
vessels are likely to pay the costs for equipment and training (see 
Section 1.9.1.1 of the Analysis). To use tLandings, each tender vessel 
would need a laptop computer with a numeric key pad, a basic laser 
printer with ink cartridges and paper, a magstripe reader, and thumb 
drives that contain the tLandings application. NMFS estimates that 
using tLandings would increase the annual cost to tender vessels from 
$1,000 to $2,300. See Section 1.9.1.1 of the Analysis for more 
information on the estimated cost of equipment.
    Operating the tLandings application requires some training and 
practice for both the tender vessel operators and processor staff. NMFS 
assumes that the initial and ongoing training costs to use tLandings 
would likely be shared by NMFS and the processor using tender vessels. 
NMFS may bear an initial cost for training processors on the use of 
tLandings, after which it would be the processors' responsibility to 
provide training for their tender vessel operators. NMFS estimates that 
it would require a full day of initial training for new tLandings 
users. Section 1.9.1.2 of the Analysis describes projected training 
costs in more detail.
    Under this proposed rule, the tLandings requirement would reduce 
data entry errors and the time required to manually enter fish tickets. 
Requiring tLandings would reduce the likelihood of a processor needing 
to recall a tender vessel if a fish ticket is illegible or incorrectly 
filled out. Additionally, requiring tLandings would eliminate the need 
for comprehensive manual data entry by processor staff, simplifying and 
expediting the data transmission to NMFS. Because processors are 
already subject to an eLandings reporting requirement, processors 
likely have staff proficient with the IERS software, so there would be 
little additional training required for the tLandings requirement.
    The ability for processors to upload the completed data from 
tLandings into IERS through eLandings means that landing data can be 
provided to NMFS more quickly and with greater reliability than the 
current paper-based reporting system. As Section 1.9 of the Analysis 
describes, the use of electronic data greatly reduces the likelihood of 
data entry errors and ensures data consistency and reliability, thereby 
reducing the costs and time required for NMFS or ADF&G staff to correct 
and verify data. Additionally, the data provided by the tLandings 
requirement would allow the Observer Program to more effectively 
identify deliveries to tenders for purposes of observer deployment to 
vessels within the partial coverage category.
    Section 1.4 of the Analysis describes that some tender vessels are 
voluntarily using tLandings to report federal groundfish landings, and 
many are required to use tLandings to report landings made in State-
managed fisheries. Therefore, the total additional costs and burden on 
tender vessel operations may be limited. Section 1.5.1 of the Analysis 
estimates that 30 tender vessels received Federal groundfish in the 
BSAI and GOA in 2015. Those tender vessels delivered to eight 
processors. Many tender vessels that operate in the Federal groundfish 
fisheries also operate in the State groundfish fisheries. Under State 
regulations these tender vessels are already subject to a State 
tLandings requirement and may already be equipped with tLandings from 
ADF&G. In 2015, 21 of the 30 tender vessels also took delivery of State 
groundfish. NMFS expects that there would be minimal additional cost 
for these tender vessels to also use tLandings for Federal groundfish. 
The eight processors that received Federal groundfish from tender 
vessels in 2015 also received State groundfish from tender vessels; 
therefore the effect of this proposed rule on processors is estimated 
to be minimal. Based on the most recent data from 2015, the tLandings 
requirement under this proposed rule would affect nine tender vessels.
    Under this proposed rule, NMFS would add a data field to the 
tLandings application to track the location of tenders when they take 
deliveries from vessels. The tender vessel operator would be required 
to report the vessel's latitude and longitude at the time of each 
vessel delivery. This data is necessary to improve information on 
tender vessel activity in the GOA and vessel delivery patterns when 
delivering to a tender vessel as opposed to a processor. This data 
field is not expected to add a reporting burden on tender vessel 
operators.

Action 2: Differentiate Tender Vessels From Buying Stations

    Under Action 2 of this proposed rule, NMFS would revise the 
definitions of tender vessel and buying station for improved clarity. 
Currently, under Sec.  679.2, the definition of a buying station 
includes both tender vessels and land-based buying stations. Under 
Sec.  679.2, tender vessel is separately defined as a vessel used to 
transport unprocessed fish or shellfish received from another vessel to 
an associated processor. While many recordkeeping and reporting 
requirements that apply to buying stations should include both tender 
vessels and land-based buying stations, not all of the reporting 
requirements that apply to buying stations should apply to both tender

[[Page 50440]]

vessels and land-based buying stations. Additionally, while a tender 
vessel may be associated with a shoreside processor, stationary 
floating processor, or mothership, a land-based buying station is only 
associated with a shoreside processor. Under Action 2, this proposed 
rule would revise the definitions of buying station and tender vessel 
to ensure that the reporting requirements that are applicable to tender 
vessels and land-based buying stations are clear to the public. Action 
2 would not revise or modify the specific provisions of reporting 
requirements, but provide clarity on who is responsible for each 
requirement.

Action 3: Remove the Buying Station Report Requirement

    Under Action 3 of this proposed rule, NMFS would remove the 
requirement in Sec.  679.5(d) for a buying station to submit a Buying 
Station Report. The most recent year of landing report data in 2015, 
show that all 54 active buying stations are associated with shoreside 
processors that use eLandings. NMFS receives the landing data it needs 
through eLandings, and so does not need to require that the data be 
submitted in a Buying Station Report. The Buying Station Report would 
be removed from the regulations. Removing the requirement to submit a 
Buying Station Report removes a duplicative reporting requirement and 
reduces the burden on the regulated public. Buying stations will 
continue to be required to submit landing reports using eLandings.
    To implement proposed Action 3, NMFS would modify references in the 
regulations to clarify whether certain recordkeeping and reporting 
requirements apply to tender vessels, buying stations, or both. 
Additionally, NMFS will remove the qualifier `land-based' from 
references to buying stations where found in the regulations because 
buying station is defined in the regulations as a land-based entity. 
Finally, NMFS will revise the definition of ``manager'' to effectively 
include ``stationary floating processor'' managers.

Action 4: Revise Mothership Definition

    Under Action 4 of this proposed rule, the definition of mothership 
in Sec.  679.2 would be revised to simplify the structure of the 
definition by moving the text of paragraph (1) into the main body of 
the definition and deleting reserved paragraph (2). This minor 
technical correction does not substantively change the definition of a 
mothership.

Classification

    Pursuant to section 304(b)(1)(A) and section 305(d) of the 
Magnuson-Stevens Act, the NMFS Assistant Administrator has determined 
that this proposed rule is consistent with the BSAI FMP, the GOA FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration of comments received during the public 
comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act. The IRFA describes the economic impact this proposed 
rule, if adopted, would have on small entities. Copies of the IRFA are 
available from NMFS (see ADDRESSES).
    The IRFA describes this proposed rule, why this rule is being 
proposed, the objectives and legal basis for this proposed rule, the 
type and number of small entities to which this proposed rule would 
apply, and the projected reporting, recordkeeping, and other compliance 
requirements of this proposed rule. It also identifies any overlapping, 
duplicative, or conflicting Federal rules and describes any significant 
alternatives to this proposed rule that would accomplish the stated 
objectives of the Magnuson-Stevens Act and other applicable statues and 
that would minimize any significant adverse economic impact of this 
proposed rule on small entities. The description of this proposed rule, 
its purpose, and its legal basis are described in the preamble and are 
not repeated here.

Number and Description of Small Entities Regulated by This Proposed 
Rule

    For Regulatory Flexibility Act purposes only, NMFS has established 
a small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily engaged in commercial fishing (NAICS code 
11411) is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide.
    The Small Business Act (SBA) has established size criteria for all 
other major industry sectors in the United States, including fish 
processing businesses. A seafood processor is a small business if it is 
independently owned and operated, not dominant in its field of 
operation, and employs 750 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.
    Action 1 of the proposed rule would affect tender vessels and 
processors that receive deliveries of groundfish from tender vessels. 
For the purposes of the IRFA, a tender vessel is categorized as a 
wholesale business servicing the fishing industry. Most tender vessels 
are independently owned and operated entities that are contracted with 
processors. The exceptions are tender vessels owned by processors. NMFS 
does not have data on the number of employees on tender vessels, and 
therefore will conservatively assume all tender vessels that are 
independently owned and operated are small entities.
    Of the 30 tender vessels affected by this action, five are owned by 
processors so do not qualify as a small entity. Therefore, there are 25 
tender vessels that are small entities under the SBA definition. In 
2015, there were 8 processors that received groundfish deliveries from 
tender vessels. None of these processors affected by this action 
qualify as small entities for the purposes of the SBA.
    Action 2 of the proposed rule would not add new requirements for 
tender vessels or buying stations; it would only clarify which 
requirements the entities are subject to. Therefore this action would 
be expected to have a small positive impact. This action would affect 
the 30 tender vessels and 54 buying stations that were active in 2015.
    Action 3 of the proposed rule would remove a requirement on 
participants that is not currently used; therefore, it would be 
expected to have no effect on participants.
    Action 4 of the proposed rule would revise the definition of 
mothership to make it more straightforward and would not modify the 
definition in a substantive way; therefore, it would be expected to 
have no effect on participants.

Recordkeeping and Reporting Requirements

    This proposed rule would require modifications to the current 
recordkeeping and reporting requirements in the Alaska Interagency 
Electronic Reporting System collection (OMB Control Number 0648-0515). 
The modifications would include requiring tender vessel operators to 
complete the data fields on the tLandings tender

[[Page 50441]]

workstation application for each delivery the tender vessel accepts 
from a vessel. Additionally, the tender vessel operator would be 
required to provide the completed tLandings application to the 
processor on delivery. The processor would then be required to upload 
the information provided by the tender vessel operator in the tLandings 
application into the eLandings landing report.
    This proposed rule would remove the Buying Station Report 
requirement. NMFS receives the landing data it needs through eLandings, 
and does not need the data submitted in the Buying Station Report. The 
Buying Station Report would be discontinued from any future use. 
Removing the requirement to submit a Buying Station Report removes a 
duplicative reporting requirement and reduces the burden on the 
regulated public. Buying stations will continue to be required to 
submit landing reports using eLandings.

Federal Rules That May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    The Analysis did not reveal any Federal rules that duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to This Proposed Rule That 
Minimize Economic Impacts on Small Entities

    An IRFA also requires a description of any significant alternatives 
to this proposed rule that would accomplish the stated objectives, are 
consistent with applicable statutes, and that would minimize any 
significant economic impact of this proposed rule on small entities. 
Under each action, NMFS considered two alternatives--the no action 
alternative and the action alternative. NMFS did not identify any other 
alternatives that would meet the objectives of these actions at a lower 
cost and reduced economic impact on small entities. The no action 
alternative for Action 1 would maintain the existing process of tender 
vessel operators completing paper fish tickets for each delivery and 
giving the information to the processor to transcribe and upload into 
eLandings. Maintaining the manual writing and submission of tender 
delivery data would not meet the objective of providing timely and 
accurate landing data. To help reduce the burden of this proposed 
regulation on small entities for electronic recordkeeping and 
reporting, NMFS would minimize the cost by developing the tLandings 
tender workstation application and providing that at no cost to 
participants to provide services and products useful to the industry, 
and by providing user support and training. The action alternatives for 
Actions 2, 3, and 4 have been determined to have either a small 
positive effect or no effect on participants, and therefore are not 
discussed further.

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). NMFS has submitted these 
requirements to OMB for approval under Control Number 0648-0515. Public 
reporting burden is estimated to average per response: 15 minutes for 
IERS application processor registration; 35 minutes for eLandings 
landing report; 35 minutes for manual landing report; 15 minutes for 
catcher/processor or mothership eLandings production report; and 35 
minutes for tLandings landing report.
    Public comment is sought regarding: whether these proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden statement; ways to 
enhance 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 NMFS 
(see ADDRESSES), and by email to [email protected] or fax to 
202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirement of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.2, revise the definitions for ``Buying station'', 
``Manager'', ``Mothership'', ``Tender vessel'', and ``User'' to read as 
follows:


Sec.  679.2  Definitions.

* * * * *
    Buying station means a land-based entity that receives unprocessed 
groundfish from a vessel for delivery to a shoreside processor and that 
does not process those fish.
* * * * *
    Manager, with respect to any shoreside processor, stationary 
floating processor, or buying station, means the individual responsible 
for the operation of the processor or buying station.
* * * * *
    Mothership means a vessel that receives and processes groundfish 
from other vessels.
* * * * *
    Tender vessel means a vessel that is used to transport unprocessed 
fish or shellfish received from another vessel to an associated 
processor.
* * * * *
    User means, for purposes of IERS and its components including 
eLandings and tLandings, an individual representative of a Registered 
Buyer; a Registered Crab Receiver; a mothership or catcher/processor 
that is required to have a Federal Fisheries Permit (FFP) under Sec.  
679.4; a shoreside processor or SFP and mothership that receives 
groundfish from vessels issued an FFP under Sec.  679.4; any shoreside 
processor or SFP that is required to have a Federal processor permit 
under Sec.  679.4; and his or her designee(s).
* * * * *
0
3. In Sec.  679.5,
0
a. Revise paragraph (c)(6)(i),
0
b. Remove paragraphs (c)(6)(viii)(E)
0
c. Revise paragraphs (e)(3)(i), and (e)(5)(i)(A)(7);
0
d. Add paragraph (e)(14)
0
e. Remove and reserve paragraph (d).
    The addition and revisions to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (c) * * *
    (6) * * *
    (i) Responsibility. Except as described in paragraph (f)(1)(v) of 
this section, the

[[Page 50442]]

operator of a mothership that is required to have an FFP under Sec.  
679.4(b), or the operator of a CQE floating processor that receives or 
processes any groundfish from the GOA or BSAI from vessels issued an 
FFP under Sec.  679.4(b), is required to use a combination of 
mothership DCPL and eLandings to record and report daily processor 
identification information, delivery information, groundfish production 
data, and groundfish and prohibited species discard or disposition 
data. The operator must enter into the DCPL any information for 
groundfish received from catcher vessels, groundfish received from 
processors for reprocessing or rehandling, and groundfish received from 
a tender vessel.
* * * * *
    (e) * * *
    (3) * * *
    (i) Operation type. Select the operation type from the dropdown 
list.
* * * * *
    (5) * * *
    (i) * * *
    (A) * * *
    (7) If the delivery is received from a buying station, indicate the 
name of the buying station. If the delivery is received from a tender 
vessel, enter the ADF&G vessel registration number.
* * * * *
    (14) Tender vessel landing report (``tLandings''). (i) tLandings is 
an applications software for preparing electronic landing reports for 
commercial fishery landings to tender vessels.
    (ii) The operator of a tender vessel taking delivery of fish or 
shellfish that is required to be reported to NMFS on a landing report 
under Sec.  679.5(e)(5) must use tLandings to enter information about 
each landing of fish or shellfish and must provide that information to 
the User defined under Sec.  679.2.
    (iii) The User must configure and provide the tender vessel 
operator with the most recent version of the tLandings tender 
workstation application prior to the tender vessel taking delivery of 
fish or shellfish.
    (iv) The tender vessel operator must log into the configured 
tLandings tender workstation application and provide the information 
required on the computer screen. Additional instructions for tLandings 
is on the Alaska Region Web site at http://alaskafisheries.noaa.gov.
    (v) Submittal time limit. (A) The tender vessel operator must 
provide the landing information in tLandings to the User at the 
commencement of the transfer or offload of fish or shellfish from the 
tender vessel to the processor.
    (B) The User must upload the data recorded in tLandings by the 
tender vessel to prepare the initial landing report for a catcher 
vessel delivering to a tender vessel that is required under Sec.  
679.5(e) within the submittal time limit specified under Sec.  
679.5(e).
    (vi) Compliance. By using tLandings, the User and the tender vessel 
operator providing information to the User accept the responsibility of 
and acknowledge compliance with Sec.  679.7(a)(10).
* * * * *
0
4. In Sec.  679.7, revise paragraph (a)(11) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (11) Buying station or tender vessel--(i) Tender vessel. Use a 
catcher vessel or catcher/processor as a tender vessel before 
offloading all groundfish or groundfish product harvested or processed 
by that vessel.
    (ii) Associated processor. Function as a tender vessel or buying 
station without an associated processor.
* * * * *
0
5. Revise table 13 to part 679 to read as follows:

                                                       Table 13 to Part 679--Transfer Form Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  And has * * *                                                                                 Dockside
 If participant type is * * *      Fish product     And is involved      VAR \1\       PTR \2\     Trans-ship     Departure       sales        Landing
                                     onboard        in this activity                                   \3\       report \4\    receipt \5\   receipt \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than 60  Only non-IFQ       Vessel leaving or            X
 ft LOA, mothership, or          groundfish.        entering Alaska.
 catcher/processor.
Catcher vessel greater than 60  Only IFQ           Vessel leaving     ............  ............  ............            X
 ft LOA, mothership, or          sablefish, IFQ     Alaska.
 catcher/processor.              halibut, CDQ
                                 halibut, or CR
                                 crab.
Catcher vessel greater than 60  Combination of     Vessel leaving               X   ............  ............            X
 ft LOA, mothership, or          IFQ sablefish,     Alaska.
 catcher/processor.              IFQ halibut, CDQ
                                 halibut, or CR
                                 crab and non-IFQ
                                 groundfish.
Mothership, catcher/processor,  Non-IFQ            Shipment of        ............            X
 shoreside processor, or SFP.    groundfish.        groundfish
                                                    product.
Mothership, catcher/processor,  Donated PSC......  Shipment of        ............            X
 shoreside processor, or SFP.                       donated PSC.
Buying station or tender        Groundfish.......  Receive or
 vessel.                                            deliver
                                                    groundfish in
                                                    association with
                                                    a shoreside
                                                    processor, SFP,
                                                    or mothership.
Registered Buyer..............  IFQ sablefish,     Transfer of        ............            X
                                 IFQ halibut, or    product.
                                 CDQ halibut.
A person holding a valid IFQ    IFQ sablefish,     Transfer of        ............  ............  ............  ............          XXX
 permit, IFQ hired master        IFQ halibut, or    product.
 permit, or Registered Buyer     CDQ halibut.
 permit.
Registered Buyer..............  IFQ sablefish,     Transfer from      ............  ............  ............  ............  ............           XX
                                 IFQ halibut, or    landing site to
                                 CDQ halibut.       Registered
                                                    Buyer's
                                                    processing
                                                    facility.

[[Page 50443]]

 
Vessel operator...............  Processed IFQ      Transshipment      ............  ............         XXXX
                                 sablefish, IFQ     between vessels.
                                 halibut, CDQ
                                 halibut, or CR
                                 crab.
Registered Crab Receiver......  CR crab..........  Transfer of        ............            X
                                                    product.
Registered Crab Receiver......  CR crab..........  Transfer from      ............  ............  ............  ............  ............           XX
                                                    landing site to
                                                    RCR's processing
                                                    facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ A vessel activity report (VAR) is described at Sec.   679.5(k).
\2\ A product transfer report (PTR) is described at Sec.   679.5(g).
\3\ An IFQ transshipment authorization is described at Sec.   679.5(l)(3).
\4\ An IFQ departure report is described at Sec.   679.5(l)(4).
\5\ An IFQ dockside sales receipt is described at Sec.   679.5(g)(2)(iv).
\6\ A landing receipt is described at Sec.   679.5(e)(8)(vii).
X indicates under what circumstances each report is submitted.
XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
XXX indicates receipt must be issued to each receiver in a dockside sale.
XXXX indicates authorization must be obtained 24 hours in advance.

* * * * *


Sec.  Sec.  679.2, 679.5, 679.7, 679.51  [Amended]

0
6. At each of the locations shown in the ``Location'' column, remove 
the phrase indicated in the ``Remove'' column and replace it with the 
phrase indicated in the ``Add'' column for the number of times 
indicated in the ``Frequency'' column.

----------------------------------------------------------------------------------------------------------------
                Location                            Remove                        Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.2 ``Agent'' (1)..............  buying station............  buying station, tender                   1
                                                                       vessel.
Sec.   679.2 ``Agent'' (2)..............  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.2 ``Associated processor''...  buying station............  buying station or tender                 3
                                                                       vessel.
Sec.   679.2 ``Shoreside processor''....  buying stations...........  buying stations, tender                  1
                                                                       vessels.
Sec.   679.5(a)(2)(i)...................  or buying station.........  buying station, or tender                2
                                                                       vessel.
Sec.   679.5(a)(2)(ii)..................  or buying station.........  buying station, or tender                1
                                                                       vessel.
Sec.   679.5(a)(3)(ii)..................  catcher vessels and buying  catcher vessels, buying                  1
                                           stations.                   stations, and tender
                                                                       vessels.
Sec.   679.5(a)(3)(iii).................  catcher vessel or buying    catcher vessel, buying                   1
                                           station.                    station, or tender vessel.
Sec.   679.5(b).........................  or buying station.........  buying station, or tender                2
                                                                       vessel.
Sec.   679.5(c)(1)(vi)(B)(4)............  or buying station.........  buying station, or tender                1
                                                                       vessel.
Sec.   679.5(c)(3)(ii)(A)(3)............  or buying station.........  buying station, or tender                1
                                                                       vessel.
Sec.   679.5(c)(3)(viii)................  buying station............  buying station, tender                   1
                                                                       vessel.
Sec.   679.5(c)(3)(x)...................  buying station............  buying station, tender                   1
                                                                       vessel.
Sec.   679.5(c)(4)(ii)(A)(3)............  or buying station.........  buying station, or tender                1
                                                                       vessel.
Sec.   679.5(c)(4)(viii)................  buying station............  buying station, tender                   1
                                                                       vessel.
Sec.   679.5(c)(4)(x)...................  buying station............  buying station, tender                   1
                                                                       vessel.
Sec.   679.5(c)(6)(ii)(A)...............  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi) introductory text  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi)(A)...............  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi)(B)...............  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi)(C)...............  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi)(F)...............  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(vi)(H)...............  buying station............  tender vessel.............               2
Sec.   679.5(c)(6)(vii).................  buying station............  tender vessel.............               1
Sec.   679.5(c)(6)(viii)(A).............  buying station............  tender vessel.............               1
Sec.   679.5(e)(3)(viii)................  buying station............  buying station, tender                   1
                                                                       vessel,.
Sec.   679.5(e)(5)(i) introductory text.  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.5(e)(5)(i)(A)(6).............  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.5(e)(5)(i)(C)(1).............  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.5(e)(5)(iii).................  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.5(e)(6)(i) introductory text.  buying station............  tender vessel.............               1
Sec.   679.5(e)(6)(i)(B)(1).............  buying station............  tender vessel.............               1
Sec.   679.5(e)(6)(iii).................  buying station............  tender vessel.............               1
Sec.   679.5(f)(1)(v)...................  buying station............  tender vessel.............               1
Sec.   679.5(f)(5)(ii)..................  buying station............  buyer station or tender                  1
                                                                       vessel.
Sec.   679.5(p)(1)......................  buying station............  tender vessel.............               1
Sec.   679.7(d)(4)(i)(C)................  buying station............  buying station or tender                 1
                                                                       vessel.
Sec.   679.51(e)(3).....................  or buying station.........  buying station, or tender                1
                                                                       vessel.
Table 1b to Part 679....................  and buying stations.......  buying stations, and                     1
                                                                       tender vessels.
----------------------------------------------------------------------------------------------------------------


[[Page 50444]]

[FR Doc. 2016-18110 Filed 7-29-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                  50436                   Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                  Developing New Requirements for                          public ‘‘listening session’’ on September             public drinking water providers, etc. to
                                                  Public Notice of CSO Events in the Great                 14, 2016 will provide stakeholders and                receive as part of the public notice?
                                                  Lakes Basin                                              other members of the public with an                     (4) What role should local public
                                                     Section 425 requires EPA to work                      opportunity to share their views                      health agencies have in identifying
                                                  with the Great Lakes states to create                    regarding potential new public                        immediate notification requirements?
                                                  public notice requirements for                           notification requirements for CSOs in                   (5) How should annual notices be
                                                  combined sewer overflow discharges to                    the Great Lakes Basin.                                made available to the public?
                                                  the Great Lakes. Section 425(b)(2)                                                                               (6) What information should be
                                                                                                           III. Input on Public Notice
                                                  provides that the notice requirements                                                                          included in annual notices and who
                                                                                                           Considerations
                                                  are to address the method of the notice,                                                                       should prepare the annual notices?
                                                                                                              EPA and the Great Lake States will                   (7) Do EPA’s requirements to notify
                                                  the contents of the notice, and
                                                                                                           consider several options for creating                 NPDES permitting authorities under 40
                                                  requirements for public availability of
                                                                                                           public notice requirements for CSOs in                CFR 122.41(l)(4), (6) and (7) have a role
                                                  the notice. Section 425(b)(3)(A) provides
                                                                                                           the Great Lakes Basin under Section                   in the new public notice requirements?
                                                  that at a minimum, the contents of the
                                                                                                           425. In general, EPA and the Great Lake                 (8) What regulatory framework is most
                                                  notice are to include the dates and times
                                                                                                           States are requesting comment on public               appropriate for immediate notification
                                                  of the applicable discharge; the volume
                                                                                                           notice requirements that provide for:                 requirements? For annual notices?
                                                  of the discharge; and a description of                      • Immediate notice of CSO discharge
                                                  any public access areas impacted by the                                                                          In addition to participation in the
                                                                                                           events to local public health officials               meeting, members of the public may
                                                  discharge. Section 425(b)(3)(B) provides                 and drinking water facilities. This
                                                  that the minimum content requirements                                                                          share input through written comments
                                                                                                           notice is intended to alert public health             to the public docket (see ADDRESSES).
                                                  are to be consistent for all affected                    officials and drinking water facilities to
                                                  States.                                                  specific CSO discharges and support the                 Dated: July 26, 2016.
                                                     Section 425(b)(4)(A) calls for follow-                development of appropriate responses                  Andrew D. Sawyers,
                                                  up notice requirements that provide a                    to the discharges.                                    Director, Office of Wastewater Management.
                                                  description of each applicable                              • Immediate notice of CSO discharge                [FR Doc. 2016–18133 Filed 7–29–16; 8:45 am]
                                                  discharge; the cause of the discharge;                   events to the public via text alerts, Web             BILLING CODE 6560–50–P
                                                  and plans to prevent a reoccurrence of                   site notice, or other appropriate means.
                                                  a combined sewer overflow discharge to                   This notice is intended to alert the
                                                  the Great Lakes consistent with section                  public to CSO discharges which may
                                                  402 of the Federal Water Pollution                                                                             DEPARTMENT OF COMMERCE
                                                                                                           allow them to take steps to reduce their
                                                  Control Act (33 U.S.C. 1342) or an                       potential exposure to pathogens                       National Oceanic and Atmospheric
                                                  administrative order or consent decree                   associated with the discharges.                       Administration
                                                  under such Act. Section 425(b)(4)(B)                        • Immediate notice of CSO discharge
                                                  provides for annual publication                          events to the NPDES permitting                        50 CFR Part 679
                                                  requirements that list each treatment                    authority. NPDES permits establish
                                                  works from which the Administrator or                    requirements to report CSO discharges                 [Docket No. 160225147–6147–01]
                                                  the affected State receive a follow-up                   to the NPDES authority. 40 CFR                        RIN 0648–BF83
                                                  notice.                                                  122.41(l)(6) provides minimum
                                                     Section 425(b)(5) requires that the                   requirements to report certain CSO                    Fisheries of the Exclusive Economic
                                                  notice and publication requirements                      discharges to the NPDES authority                     Zone off Alaska; Modifications to
                                                  described in Section 425 shall be                        within 24 hours.                                      Recordkeeping and Reporting
                                                  implemented by not later than                               • Annual CSO notice. The annual                    Requirements
                                                  December 18, 2017. However, the                          CSO notice is intended to provide the
                                                  Administrator of the EPA may extend                      public with a description of the current              AGENCY:  National Marine Fisheries
                                                  the implementation deadline for                          performance of their system as well as                Service (NMFS), National Oceanic and
                                                  individual communities if the                            progress being made to reduce CSOs.                   Atmospheric Administration (NOAA),
                                                  Administrator determines the                                EPA solicits information from the                  Commerce.
                                                  community needs additional time to                       public regarding any aspect of Section                ACTION: Proposed rule; request for
                                                  comply in order to avoid undue                           425 of the Consolidated Appropriations                comments.
                                                  economic hardship. Finally, Section                      Act of 2016, including:
                                                  425(b)(6) clarifies that ‘‘Nothing in this                  (1) What means of receiving                        SUMMARY:   NMFS issues a proposed rule
                                                  subsection prohibits an affected State                   immediate notice of CSO discharge                     that would modify the recordkeeping
                                                  from establishing a State notice                         events is most helpful to the public?                 and reporting requirements for the
                                                  requirement in the event of a discharge                     (2) What should ‘‘immediate’’ mean in              groundfish fisheries in the Gulf of
                                                  that is more stringent than the                          this context? How soon after a CSO                    Alaska and the Bering Sea/Aleutian
                                                  requirements described in this                           discharge event commences should the                  Islands management areas. This
                                                  subsection.’’                                            public and local public health agencies               proposed rule is organized into four
                                                     EPA is working with the Great Lakes                   be given notice?                                      actions. Under the first action, NMFS
                                                  States to identify and evaluate options                     (3) What type of information would be              would implement a requirement for
                                                  for implementing Section 425. EPA has                    most appropriate for immediate notices?               tender vessel operators to use the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  also met with various stakeholder                        In addition to the statutorily required               applications software ‘‘tLandings’’ to
                                                  groups that represent municipalities,                    elements of (i) the dates and times of the            prepare electronic landing reports. This
                                                  industry practitioners, and                              applicable discharge; (ii) the volume of              action is necessary to improve
                                                  environmental organizations to hear                      the discharge; and (iii) a description of             timeliness and reliability of landing
                                                  each of their perspectives. EPA will                     any public access areas impacted by the               reports for catcher vessels delivering to
                                                  continue to meet with interested                         discharge; what other pieces of                       tender vessels for use in catch
                                                  stakeholder groups throughout the                        information would be beneficial for the               accounting and inseason management.
                                                  rulemaking process. In addition, the                     public, local public health agencies,                 Under the second action, NMFS would


                                             VerDate Sep<11>2014   18:44 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1


                                                                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules                                           50437

                                                  modify the definition of a buying                        www.regulations.gov or from the NMFS                  landings administered by NMFS, Alaska
                                                  station. This action is necessary to                     Alaska Region Web site at http://                     Department of Fish and Game (ADF&G),
                                                  clarify the different requirements that                  alaskafisheries.noaa.gov.                             and the International Pacific Halibut
                                                  apply to tender vessels and land-based                     Written comments regarding the                      Commission. The IERS consists of three
                                                  buying stations. Under the third action,                 burden-hour estimates or other aspects                main components: eLandings—a web-
                                                  NMFS would remove the requirement                        of the collection-of-information                      based application for immediate harvest
                                                  for buying stations to complete the                      requirements contained in this proposed               data upload from internet-capable
                                                  buying station report because this report                rule may be submitted to NMFS (see                    vessels or processors; seaLandings—a
                                                  is no longer necessary. Under the fourth                 ADDRESSES) and by email to OIRA_                      desktop application for vessels at sea
                                                  action, NMFS would revise the                            Submission@omb.eop.gov or fax to (202)                without internet capability which
                                                  definition of a mothership to remove                     395–5806.                                             transmits reports by satellite phone; and
                                                  unnecessary formatting without                           FOR FURTHER INFORMATION CONTACT:                      tLandings—a software application for
                                                  changing the substance of the definition.                Keeley Kent, 907–586–7228.                            tender vessels that records landings data
                                                  This proposed rule is intended to                        SUPPLEMENTARY INFORMATION:                            on a USB flash drive (‘‘thumb-drive’’)
                                                  promote the goals and objectives of the                                                                        that includes all of the data fields
                                                                                                           Authority for Action                                  required under IERS. Current
                                                  Magnuson-Stevens Fishery
                                                  Conservation and Management Act, the                       NMFS Alaska Region manages the                      regulations require that landing reports
                                                  Fishery Management Plan for                              U.S. groundfish fisheries in the                      be submitted via eLandings, or
                                                  Groundfish of the Bering Sea and                         Exclusive Economic Zone off Alaska                    seaLandings for halibut, sablefish, and
                                                  Aleutian Islands Management Area                         under the BSAI FMP and the GOA FMP.                   crab fisheries (§ 679.5(e)(5)). NMFS
                                                  (BSAI FMP), the Fishery Management                       The FMPs were prepared by the North                   requires all shoreside or floating
                                                  Plan for Groundfish of the Gulf of                       Pacific Fishery Management Council,                   processors that hold a Federal
                                                  Alaska (GOA FMP), and other                              under authority of the Magnuson-                      processing permit (FPP) to use
                                                  applicable laws.                                         Stevens Fishery Conservation and                      eLandings or other NMFS-approved
                                                  DATES: Submit comments on or before
                                                                                                           Management Act, 16 U.S.C. 1801 et seq.                software to submit landing reports for
                                                  August 31, 2016.                                         (Magnuson-Stevens Act) and other                      all groundfish species. All motherships
                                                                                                           applicable laws, and approved by the                  holding a Federal fisheries permit (FFP)
                                                  ADDRESSES: You may submit comments,
                                                                                                           Secretary of Commerce. NMFS is                        are required to enter landing
                                                  identified by NOAA–NMFS–2016–0021,                       authorized under both groundfish FMPs                 information in eLandings, unless an
                                                  by any of the following methods:                         to implement recordkeeping and                        internet connection is not available.
                                                     • Electronic Submission: Submit all                   reporting requirements that are                       seaLandings may be used when an
                                                  electronic public comments via the                       necessary to provide the information                  internet connection is not available.
                                                  Federal eRulemaking Portal. Go to                        needed to conserve and manage the                     Catcher/processors with an FFP are
                                                  www.regulations.gov/                                     groundfish fisheries off Alaska.                      required to use eLandings, or
                                                  #!docketDetail;D=NOAA-NMFS-2016-                         Regulations implementing the FMPs                     seaLandings (when no internet
                                                  0021, click the ‘‘Comment Now!’’ icon,                   appear at 50 CFR part 679. General                    connection is available), to submit Daily
                                                  complete the required fields, and enter                  regulations that pertain to U.S. fisheries            Production Reports.
                                                  or attach your comments.                                 appear at subpart H of 50 CFR part 600.                  NMFS has identified electronic
                                                     • Mail: Submit written comments to                    Recordkeeping and reporting                           reporting through eLandings as a way to
                                                  Glenn Merrill, Assistant Regional                        regulations appear at § 679.5.                        improve data quality, automate
                                                  Administrator, Sustainable Fisheries                                                                           processing of data, improve the process
                                                  Division, Alaska Region NMFS, Attn:                      Background                                            for correcting or updating information,
                                                  Ellen Sebastian. Mail comments to P.O.                     This proposed rule is organized into                allow for the availability of more timely
                                                  Box 21668, Juneau, AK 99802–1668.                        four actions. Under the first action,                 data for fishery managers, and reduce
                                                     Instructions: Comments sent by any                    NMFS would implement a requirement                    duplicative reporting of similar
                                                  other method, to any other address or                    for tender vessel operators to use                    information to multiple agencies.
                                                  individual, or received after the end of                 tLandings. Under the second action,
                                                  the comment period, may not be                           NMFS would modify the definition of                   Tendering
                                                  considered by NMFS. All comments                         buying station so that tender vessels and                A tender vessel is defined under
                                                  received are a part of the public record                 land-based buying stations are                        § 679.2 as a vessel that is used to
                                                  and will generally be posted for public                  differentiated under the regulations.                 transport unprocessed fish or shellfish
                                                  viewing on www.regulations.gov                           Under the third action, NMFS would                    received from another vessel to an
                                                  without change. All personally                           remove the requirement for buying                     associated processor. An associated
                                                  identifiable information (e.g., name,                    stations to complete the buying station               processor is defined under § 679.2 as
                                                  address), confidential business                          report. Under the fourth action, NMFS                 having a contractual relationship with a
                                                  information, or otherwise sensitive                      would modify the definition of a                      buying station to conduct groundfish
                                                  information submitted voluntarily by                     mothership to simplify the unnecessary                buying station activities for that
                                                  the sender will be publicly accessible.                  paragraph formatting. The following                   processor. The contractual relationship
                                                  NMFS will accept anonymous                               sections of the preamble describe: (1)                in the Federal regulations creates joint
                                                  comments (enter ‘‘N/A’’ in the required                  Background on the Interagency                         responsibility for recordkeeping and
                                                  fields if you wish to remain                                                                                   reporting. A tender vessel is also
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                                                                                                           Electronic Reporting System, tendering,
                                                  anonymous).                                              and tLandings; (2) the need for action;               included under the definition of a
                                                     Electronic copies of the Regulatory                   and (3) the proposed rule and its                     buying station, which receives
                                                  Impact Review/Initial Regulatory                         anticipated effects.                                  unprocessed groundfish from a vessel
                                                  Flexibility Analysis (RIR/IRFA)                                                                                for delivery to a shoreside processor,
                                                  (collectively referred to as the                         Interagency Electronic Reporting System               stationary floating processor, or
                                                  ‘‘Analysis’’) and the Categorical                          The Interagency Electronic Reporting                mothership, but does not process fish
                                                  Exclusion prepared for this proposed                     System (IERS) is a collaborative program              (§ 679.2). Buying stations include both
                                                  rule may be obtained from http://                        for reporting commercial fishery                      tender vessels and land-based entities.


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                                                  50438                   Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                  The practice of tendering allows a                       loaded onto a thumb drive and                         verifies the information and manually
                                                  fishing vessel to deliver its catch to                   configured with a list of the authorized              enters the fish ticket data into eLandings
                                                  another vessel and resume fishing                        users, the processor’s vessel list, and a             to create a landing report. Landing
                                                  without the delay associated with                        species list, and includes the option for             reports are required to be submitted to
                                                  traveling to port and returning to the                   the processor to add a price list. The                NMFS by noon of the day following the
                                                  fishing area. One tender vessel can                      tender vessel operator would create the               delivery. The processor’s manual entry
                                                  service multiple fishing vessels,                        landing reports and store them on the                 of fish ticket data, including review and
                                                  depending on its capacity and the                        thumb drive. Once the tender vessel trip              correction of the data, sometimes makes
                                                  regulations that limit tendering. For                    is completed, the tender vessel operator              it difficult for the processor to meet this
                                                  more information on tendering, see                       would provide the thumb drive to the
                                                                                                                                                                 submission deadline and can delay the
                                                  Section 1.5 of the Analysis.                             processor for upload into the eLandings
                                                     Since tender vessels transport                                                                              availability of the tender vessel landing
                                                                                                           repository database. The processor
                                                  harvested fish to a processor and do not                 would then upload the eLandings                       data to NMFS.
                                                  process the fish themselves, they are                    landing report to a NMFS central server.                 The lack of electronic data from
                                                  currently not required to participate in                 This system requires one-time data                    tenders reduces data reliability and
                                                  the IERS. Currently, tender vessels                      entry on the tender vessel and the                    timeliness. Additionally, with the lack
                                                  provide a written landing report for                     information is transferred to the                     of electronic data from tenders, NMFS is
                                                  each delivery, commonly known as a                       processor, and then to the agency via                 unable to differentiate deliveries to
                                                  ‘‘fish ticket’’ to the processor on                      eLandings. Digital harvest reports                    tender vessels from deliveries to
                                                  delivery; the processor then prepares a                  improve catch accounting and                          processors unless the processor
                                                  cumulative landing report in eLandings.                  streamline the process. Though the use                voluntarily enters the tender vessel
                                                  Although there is an optional field in                   of tLandings is currently voluntary, a                identification number in the eLandings
                                                  the eLandings landing report for tender                  growing number of tender vessels and                  report. NMFS has, in the past, raised
                                                  vessel identification number, processors                 processors are using tLandings (see                   concerns about landings data reliability
                                                  are not required to identify tender vessel               Section 1.4 of the Analysis).                         and timeliness in analyses presented to
                                                  deliveries. If the tender vessel is not                     Under the current regulations, the
                                                  identified, NMFS cannot distinguish a                    processor is responsible for reporting                the Council and fishery participants.
                                                  tender vessel delivery to a processor                    the information provided by the tender                   Data timeliness and reliability are
                                                  from a vessel delivery to a processor.                   vessel on the fish ticket. The processor              paramount to effective inseason
                                                     The State of Alaska (State) allows                    provides a booklet of fish tickets to                 management. Almost real-time access to
                                                  vessels to contract with other vessels to                associated tender vessels with the                    the data is particularly important for
                                                  receive fish from some fisheries                         processor identification number printed               fast-paced fisheries that operate under
                                                  managed by the State and deliver that                    on them. The tender vessel operator                   small total allowable catch limits,
                                                  fish to processors located within the                    completes the fish ticket for each                    constraining prohibited species catch
                                                  State’s jurisdiction. Unlike tenders,                    delivery and returns the fish tickets to              (PSC) limits, or that have inconsistent
                                                  these vessels do not have a contract or                  the processor at the time of offload.                 and unpredictable levels of fishing
                                                  association with a processor to transport                Should the tender vessel submit an                    effort. NMFS requires timely data for the
                                                  unprocessed fish received from another                   incorrect fish ticket, the processor                  successful management of these
                                                  vessel to a processor. Vessels engaging                  would be responsible for tracking down
                                                                                                                                                                 fisheries. In addition, NMFS uses timely
                                                  in this activity are called ‘‘transporters’’             the tender vessel to correct the
                                                  under State regulations. The State                                                                             data for any catch share program that
                                                                                                           information.
                                                  created the statutory and regulatory                        In November 2015, ADF&G adopted                    involves transferable allocations of
                                                  authority for vessels to operate as                      State regulations to require the use of               target species. NMFS inseason
                                                  transporters in 2003. Transporters must                  tLandings for tender vessels who have                 management and Office of Law
                                                  have a transporter permit from ADF&G,                    submitted more than 2,000 salmon fish                 Enforcement (OLE) rely on the data
                                                  and, under a contractual arrangement                     tickets or bought over 20 million                     provided through eLandings to monitor
                                                  with the vessel, are considered agents of                pounds of salmon in 2012, 2013, or                    compliance with requirements that
                                                  the vessel. Because of the requirement                   2014, and for all groundfish delivered to             quota holders not exceed their
                                                  in § 679.2 for a contractual relationship                tender vessels. ADF&G estimated that                  allocations. Management and
                                                  with a processor, a vessel acting as a                   roughly 55 tender vessels would meet                  enforcement of PSC-limited and catch
                                                  transporter under the State definition                   the threshold for the new regulation, but             share fisheries become more difficult
                                                  would not be categorized as a tender                     many already used tLandings for halibut               when data access is delayed. For more
                                                  vessel under the Federal regulations.                    and sablefish, salmon, and groundfish                 information on the potential
                                                  Therefore, none of the requirements that                 reporting. The State tLandings                        implications of the lack of electronic
                                                  apply to tenders would apply to vessels                  requirement became effective January                  data entry on management, see Sections
                                                  operating as a transporter under State                   2016.                                                 1.3 and 2.4 of the Analysis.
                                                  regulations, and the provisions of this
                                                                                                           Need for Action                                          This proposed rule would require
                                                  proposed rule that apply to tenders
                                                  would not apply to transporters. See                        When a tender vessel receives catch                tenders to use tLandings. The
                                                  Sections 1.5.3 and 1.6.1 of the Analysis                 from a vessel, the tender vessel operator             mandatory use of tLandings would
                                                                                                           completes a paper fish ticket. Once the               provide a streamlined data entry
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                                                  for further description and discussion of
                                                  transporters.                                            transfer is complete, the vessel operator             mechanism that ensures efficient,
                                                                                                           signs the paper fish ticket                           precise data transmission. This action is
                                                  tLandings                                                acknowledging the transfer of catch and               necessary to enable NMFS to identify
                                                    tLandings is a computer application                    agreeing to the information provided.                 tender vessel deliveries and to provide
                                                  used on computers onboard tender                         When the tender vessel delivers the                   reliable, expeditious data for catch
                                                  vessels. tLandings was developed for                     catch to the processor, the tender vessel             accounting and inseason management of
                                                  use on tender vessels without internet                   operator provides the paper fish ticket               fisheries with tender vessel deliveries.
                                                  access. The tLandings application is                     to the processor. The processor then


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                                                                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules                                            50439

                                                  This Proposed Rule and the Anticipated                   tLandings, each tender vessel would                   groundfish landings, and many are
                                                  Effects                                                  need a laptop computer with a numeric                 required to use tLandings to report
                                                                                                           key pad, a basic laser printer with ink               landings made in State-managed
                                                  Action 1: Require Tender Vessel
                                                                                                           cartridges and paper, a magstripe reader,             fisheries. Therefore, the total additional
                                                  Operators To Use tLandings
                                                                                                           and thumb drives that contain the                     costs and burden on tender vessel
                                                     Under Action 1 of this proposed rule,                 tLandings application. NMFS estimates                 operations may be limited. Section 1.5.1
                                                  tender vessel operators would be                         that using tLandings would increase the               of the Analysis estimates that 30 tender
                                                  required to use tLandings to prepare                     annual cost to tender vessels from                    vessels received Federal groundfish in
                                                  electronic landing reports. Action 1 is                  $1,000 to $2,300. See Section 1.9.1.1 of              the BSAI and GOA in 2015. Those
                                                  necessary to improve data quality for                    the Analysis for more information on                  tender vessels delivered to eight
                                                  deliveries made to tender vessels.                       the estimated cost of equipment.                      processors. Many tender vessels that
                                                     Under this proposed rule, the                            Operating the tLandings application                operate in the Federal groundfish
                                                  eLandings user (defined as a                             requires some training and practice for               fisheries also operate in the State
                                                  representative of a processor under                      both the tender vessel operators and                  groundfish fisheries. Under State
                                                  § 679.2, i.e. an employee) would be                      processor staff. NMFS assumes that the                regulations these tender vessels are
                                                  required to supply the tender vessel                     initial and ongoing training costs to use             already subject to a State tLandings
                                                  operator with a ‘‘configured’’ tLandings                 tLandings would likely be shared by                   requirement and may already be
                                                  application for computer installation                    NMFS and the processor using tender                   equipped with tLandings from ADF&G.
                                                  prior to the tender vessel operator taking               vessels. NMFS may bear an initial cost                In 2015, 21 of the 30 tender vessels also
                                                  delivery of fish or shellfish from a                     for training processors on the use of                 took delivery of State groundfish. NMFS
                                                  fishing vessel. A configured tLandings                   tLandings, after which it would be the                expects that there would be minimal
                                                  application would be preloaded with a                    processors’ responsibility to provide                 additional cost for these tender vessels
                                                  list of the authorized users, the                        training for their tender vessel                      to also use tLandings for Federal
                                                  processor’s vessel list, a species list, and             operators. NMFS estimates that it would               groundfish. The eight processors that
                                                  other useful data for the associated                     require a full day of initial training for            received Federal groundfish from tender
                                                  processor and tender vessel operator.                    new tLandings users. Section 1.9.1.2 of               vessels in 2015 also received State
                                                  The tender vessel operator would record                  the Analysis describes projected                      groundfish from tender vessels;
                                                  the required information in tLandings                    training costs in more detail.                        therefore the effect of this proposed rule
                                                  for each delivery the tender vessel                         Under this proposed rule, the                      on processors is estimated to be
                                                  accepted. Once the tender vessel                         tLandings requirement would reduce                    minimal. Based on the most recent data
                                                  delivered the catch to the associated                    data entry errors and the time required               from 2015, the tLandings requirement
                                                  processor, the user (as defined at 679.2)                to manually enter fish tickets. Requiring             under this proposed rule would affect
                                                  would be required to complete the                        tLandings would reduce the likelihood                 nine tender vessels.
                                                  eLandings landing report by uploading                    of a processor needing to recall a tender                Under this proposed rule, NMFS
                                                  the tLandings data through the                           vessel if a fish ticket is illegible or               would add a data field to the tLandings
                                                  Processor Tender Interface component                     incorrectly filled out. Additionally,                 application to track the location of
                                                  of eLandings by 1200 hours, Alaska                       requiring tLandings would eliminate the               tenders when they take deliveries from
                                                  local time, of the day following the                     need for comprehensive manual data                    vessels. The tender vessel operator
                                                  completion of the delivery. The                          entry by processor staff, simplifying and             would be required to report the vessel’s
                                                  processor would be subject to the time                   expediting the data transmission to                   latitude and longitude at the time of
                                                  limits for data submission specified                     NMFS. Because processors are already                  each vessel delivery. This data is
                                                  under § 679.5(e). Different time limits                  subject to an eLandings reporting                     necessary to improve information on
                                                  for data submission would apply                          requirement, processors likely have staff             tender vessel activity in the GOA and
                                                  depending on the type of processor,                      proficient with the IERS software, so                 vessel delivery patterns when delivering
                                                  (i.e., there are differing submission time               there would be little additional training             to a tender vessel as opposed to a
                                                  limit requirements for shoreside                         required for the tLandings requirement.               processor. This data field is not
                                                  processors or stationary floating                           The ability for processors to upload               expected to add a reporting burden on
                                                  processors, motherships, individual                      the completed data from tLandings into                tender vessel operators.
                                                  fishing quota (IFQ) registered buyers, or                IERS through eLandings means that
                                                  registered crab receivers).                              landing data can be provided to NMFS                  Action 2: Differentiate Tender Vessels
                                                     The tender vessel operator would be                   more quickly and with greater reliability             From Buying Stations
                                                  responsible for completing the                           than the current paper-based reporting                   Under Action 2 of this proposed rule,
                                                  tLandings landing report and submitting                  system. As Section 1.9 of the Analysis                NMFS would revise the definitions of
                                                  it to the processor. This would create a                 describes, the use of electronic data                 tender vessel and buying station for
                                                  joint responsibility for the tLandings                   greatly reduces the likelihood of data                improved clarity. Currently, under
                                                  landing report information for the                       entry errors and ensures data                         § 679.2, the definition of a buying
                                                  tender vessel operator and the                           consistency and reliability, thereby                  station includes both tender vessels and
                                                  processor. Section 1.9.4 of the Analysis                 reducing the costs and time required for              land-based buying stations. Under
                                                  provides additional detail on the                        NMFS or ADF&G staff to correct and                    § 679.2, tender vessel is separately
                                                  monitoring and enforcement of the                        verify data. Additionally, the data                   defined as a vessel used to transport
                                                  tLandings requirements.                                  provided by the tLandings requirement                 unprocessed fish or shellfish received
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                                                     Under this proposed rule, the general                 would allow the Observer Program to                   from another vessel to an associated
                                                  costs associated with requiring tender                   more effectively identify deliveries to               processor. While many recordkeeping
                                                  vessels to enter landing reports into                    tenders for purposes of observer                      and reporting requirements that apply to
                                                  tLandings are mainly attributable to                     deployment to vessels within the partial              buying stations should include both
                                                  equipment and training. NMFS assumes                     coverage category.                                    tender vessels and land-based buying
                                                  that tender vessels are likely to pay the                   Section 1.4 of the Analysis describes              stations, not all of the reporting
                                                  costs for equipment and training (see                    that some tender vessels are voluntarily              requirements that apply to buying
                                                  Section 1.9.1.1 of the Analysis). To use                 using tLandings to report federal                     stations should apply to both tender


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                                                  50440                   Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                  vessels and land-based buying stations.                  Classification                                        or fewer persons on a full-time, part-
                                                  Additionally, while a tender vessel may                     Pursuant to section 304(b)(1)(A) and               time, temporary, or other basis, at all its
                                                  be associated with a shoreside                           section 305(d) of the Magnuson-Stevens                affiliated operations worldwide. A
                                                  processor, stationary floating processor,                Act, the NMFS Assistant Administrator                 wholesale business servicing the fishing
                                                  or mothership, a land-based buying                       has determined that this proposed rule                industry is a small business if it
                                                  station is only associated with a                        is consistent with the BSAI FMP, the                  employs 100 or fewer persons on a full-
                                                  shoreside processor. Under Action 2,                     GOA FMP, other provisions of the                      time, part-time, temporary, or other
                                                  this proposed rule would revise the                      Magnuson-Stevens Act, and other                       basis, at all its affiliated operations
                                                  definitions of buying station and tender                                                                       worldwide.
                                                                                                           applicable law, subject to further
                                                  vessel to ensure that the reporting                                                                               Action 1 of the proposed rule would
                                                                                                           consideration of comments received
                                                  requirements that are applicable to                                                                            affect tender vessels and processors that
                                                                                                           during the public comment period.                     receive deliveries of groundfish from
                                                  tender vessels and land-based buying                        This proposed rule has been
                                                  stations are clear to the public. Action                                                                       tender vessels. For the purposes of the
                                                                                                           determined to be not significant for the              IRFA, a tender vessel is categorized as
                                                  2 would not revise or modify the                         purposes of Executive Order 12866.
                                                  specific provisions of reporting                                                                               a wholesale business servicing the
                                                                                                              An IRFA was prepared, as required by               fishing industry. Most tender vessels are
                                                  requirements, but provide clarity on                     section 603 of the Regulatory Flexibility
                                                  who is responsible for each                                                                                    independently owned and operated
                                                                                                           Act. The IRFA describes the economic                  entities that are contracted with
                                                  requirement.                                             impact this proposed rule, if adopted,                processors. The exceptions are tender
                                                  Action 3: Remove the Buying Station                      would have on small entities. Copies of               vessels owned by processors. NMFS
                                                  Report Requirement                                       the IRFA are available from NMFS (see                 does not have data on the number of
                                                                                                           ADDRESSES).
                                                     Under Action 3 of this proposed rule,                                                                       employees on tender vessels, and
                                                                                                              The IRFA describes this proposed                   therefore will conservatively assume all
                                                  NMFS would remove the requirement in                     rule, why this rule is being proposed,
                                                  § 679.5(d) for a buying station to submit                                                                      tender vessels that are independently
                                                                                                           the objectives and legal basis for this               owned and operated are small entities.
                                                  a Buying Station Report. The most                        proposed rule, the type and number of
                                                  recent year of landing report data in                                                                             Of the 30 tender vessels affected by
                                                                                                           small entities to which this proposed                 this action, five are owned by processors
                                                  2015, show that all 54 active buying                     rule would apply, and the projected
                                                  stations are associated with shoreside                                                                         so do not qualify as a small entity.
                                                                                                           reporting, recordkeeping, and other                   Therefore, there are 25 tender vessels
                                                  processors that use eLandings. NMFS                      compliance requirements of this
                                                  receives the landing data it needs                                                                             that are small entities under the SBA
                                                                                                           proposed rule. It also identifies any                 definition. In 2015, there were 8
                                                  through eLandings, and so does not                       overlapping, duplicative, or conflicting
                                                  need to require that the data be                                                                               processors that received groundfish
                                                                                                           Federal rules and describes any                       deliveries from tender vessels. None of
                                                  submitted in a Buying Station Report.                    significant alternatives to this proposed
                                                  The Buying Station Report would be                                                                             these processors affected by this action
                                                                                                           rule that would accomplish the stated                 qualify as small entities for the purposes
                                                  removed from the regulations.                            objectives of the Magnuson-Stevens Act
                                                  Removing the requirement to submit a                                                                           of the SBA.
                                                                                                           and other applicable statues and that                    Action 2 of the proposed rule would
                                                  Buying Station Report removes a                          would minimize any significant adverse                not add new requirements for tender
                                                  duplicative reporting requirement and                    economic impact of this proposed rule                 vessels or buying stations; it would only
                                                  reduces the burden on the regulated                      on small entities. The description of this            clarify which requirements the entities
                                                  public. Buying stations will continue to                 proposed rule, its purpose, and its legal             are subject to. Therefore this action
                                                  be required to submit landing reports                    basis are described in the preamble and               would be expected to have a small
                                                  using eLandings.                                         are not repeated here.                                positive impact. This action would
                                                     To implement proposed Action 3,                                                                             affect the 30 tender vessels and 54
                                                  NMFS would modify references in the                      Number and Description of Small
                                                                                                           Entities Regulated by This Proposed                   buying stations that were active in 2015.
                                                  regulations to clarify whether certain                                                                            Action 3 of the proposed rule would
                                                  recordkeeping and reporting                              Rule
                                                                                                                                                                 remove a requirement on participants
                                                  requirements apply to tender vessels,                       For Regulatory Flexibility Act                     that is not currently used; therefore, it
                                                  buying stations, or both. Additionally,                  purposes only, NMFS has established a                 would be expected to have no effect on
                                                  NMFS will remove the qualifier ‘land-                    small business size standard for                      participants.
                                                  based’ from references to buying                         businesses, including their affiliates,                  Action 4 of the proposed rule would
                                                  stations where found in the regulations                  whose primary industry is commercial                  revise the definition of mothership to
                                                  because buying station is defined in the                 fishing (see 50 CFR 200.2). A business                make it more straightforward and would
                                                  regulations as a land-based entity.                      primarily engaged in commercial fishing               not modify the definition in a
                                                  Finally, NMFS will revise the definition                 (NAICS code 11411) is classified as a                 substantive way; therefore, it would be
                                                  of ‘‘manager’’ to effectively include                    small business if it is independently                 expected to have no effect on
                                                  ‘‘stationary floating processor’’                        owned and operated, is not dominant in                participants.
                                                  managers.                                                its field of operation (including its
                                                                                                           affiliates), and has combined annual                  Recordkeeping and Reporting
                                                  Action 4: Revise Mothership Definition                                                                         Requirements
                                                                                                           receipts not in excess of $11 million for
                                                     Under Action 4 of this proposed rule,                 all its affiliated operations worldwide.                This proposed rule would require
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                                                  the definition of mothership in § 679.2                     The Small Business Act (SBA) has                   modifications to the current
                                                  would be revised to simplify the                         established size criteria for all other               recordkeeping and reporting
                                                  structure of the definition by moving the                major industry sectors in the United                  requirements in the Alaska Interagency
                                                  text of paragraph (1) into the main body                 States, including fish processing                     Electronic Reporting System collection
                                                  of the definition and deleting reserved                  businesses. A seafood processor is a                  (OMB Control Number 0648–0515). The
                                                  paragraph (2). This minor technical                      small business if it is independently                 modifications would include requiring
                                                  correction does not substantively                        owned and operated, not dominant in                   tender vessel operators to complete the
                                                  change the definition of a mothership.                   its field of operation, and employs 750               data fields on the tLandings tender


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                                                                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules                                                50441

                                                  workstation application for each                         industry, and by providing user support               PART 679—FISHERIES OF THE
                                                  delivery the tender vessel accepts from                  and training. The action alternatives for             EXCLUSIVE ECONOMIC ZONE OFF
                                                  a vessel. Additionally, the tender vessel                Actions 2, 3, and 4 have been                         ALASKA
                                                  operator would be required to provide                    determined to have either a small
                                                  the completed tLandings application to                   positive effect or no effect on                       ■ 1. The authority citation for 50 CFR
                                                  the processor on delivery. The processor                 participants, and therefore are not                   part 679 continues to read as follows:
                                                  would then be required to upload the                     discussed further.                                      Authority: 16 U.S.C. 773 et seq.; 1801 et
                                                  information provided by the tender                                                                             seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
                                                                                                           Collection-of-Information Requirements                111–281.
                                                  vessel operator in the tLandings
                                                  application into the eLandings landing                     This proposed rule contains                         ■  2. In § 679.2, revise the definitions for
                                                  report.                                                  collection-of-information requirements                ‘‘Buying station’’, ‘‘Manager’’,
                                                    This proposed rule would remove the                    subject to review and approval by the                 ‘‘Mothership’’, ‘‘Tender vessel’’, and
                                                  Buying Station Report requirement.                       Office of Management and Budget                       ‘‘User’’ to read as follows:
                                                  NMFS receives the landing data it needs                  (OMB) under the Paperwork Reduction
                                                  through eLandings, and does not need                     Act (PRA). NMFS has submitted these                   § 679.2   Definitions.
                                                  the data submitted in the Buying Station                 requirements to OMB for approval                      *     *      *    *    *
                                                  Report. The Buying Station Report                        under Control Number 0648–0515.                          Buying station means a land-based
                                                  would be discontinued from any future                    Public reporting burden is estimated to               entity that receives unprocessed
                                                  use. Removing the requirement to                         average per response: 15 minutes for                  groundfish from a vessel for delivery to
                                                  submit a Buying Station Report removes                   IERS application processor registration;              a shoreside processor and that does not
                                                  a duplicative reporting requirement and                  35 minutes for eLandings landing                      process those fish.
                                                  reduces the burden on the regulated                      report; 35 minutes for manual landing                 *     *      *    *    *
                                                  public. Buying stations will continue to                 report; 15 minutes for catcher/processor                 Manager, with respect to any
                                                  be required to submit landing reports                    or mothership eLandings production                    shoreside processor, stationary floating
                                                  using eLandings.                                         report; and 35 minutes for tLandings                  processor, or buying station, means the
                                                  Federal Rules That May Duplicate,                        landing report.                                       individual responsible for the operation
                                                                                                             Public comment is sought regarding:                 of the processor or buying station.
                                                  Overlap, or Conflict With This Proposed
                                                                                                           whether these proposed collections of                 *     *      *    *    *
                                                  Rule
                                                                                                           information are necessary for the proper                 Mothership means a vessel that
                                                    The Analysis did not reveal any                        performance of the functions of the                   receives and processes groundfish from
                                                  Federal rules that duplicate, overlap, or                agency, including whether the                         other vessels.
                                                  conflict with this proposed rule.                        information shall have practical utility;             *     *      *    *    *
                                                  Description of Significant Alternatives                  the accuracy of the burden statement;                    Tender vessel means a vessel that is
                                                  to This Proposed Rule That Minimize                      ways to enhance quality, utility, and                 used to transport unprocessed fish or
                                                  Economic Impacts on Small Entities                       clarity of the information to be                      shellfish received from another vessel to
                                                                                                           collected; and ways to minimize the                   an associated processor.
                                                     An IRFA also requires a description of
                                                                                                           burden of the collection of information,
                                                  any significant alternatives to this                                                                           *     *      *    *    *
                                                                                                           including through the use of automated
                                                  proposed rule that would accomplish                                                                               User means, for purposes of IERS and
                                                                                                           collection techniques or other forms of
                                                  the stated objectives, are consistent with                                                                     its components including eLandings
                                                                                                           information technology. Send comments
                                                  applicable statutes, and that would                                                                            and tLandings, an individual
                                                                                                           on these or any other aspects of the
                                                  minimize any significant economic                                                                              representative of a Registered Buyer; a
                                                                                                           collection of information, to NMFS (see
                                                  impact of this proposed rule on small                                                                          Registered Crab Receiver; a mothership
                                                                                                           ADDRESSES), and by email to OIRA_
                                                  entities. Under each action, NMFS                                                                              or catcher/processor that is required to
                                                                                                           Submission@omb.eop.gov or fax to 202–
                                                  considered two alternatives—the no                                                                             have a Federal Fisheries Permit (FFP)
                                                                                                           395–5806.
                                                  action alternative and the action                                                                              under § 679.4; a shoreside processor or
                                                                                                             Notwithstanding any other provision
                                                  alternative. NMFS did not identify any                                                                         SFP and mothership that receives
                                                                                                           of the law, no person is required to
                                                  other alternatives that would meet the                                                                         groundfish from vessels issued an FFP
                                                                                                           respond to, nor shall any person be
                                                  objectives of these actions at a lower                                                                         under § 679.4; any shoreside processor
                                                                                                           subject to penalty for failure to comply
                                                  cost and reduced economic impact on                                                                            or SFP that is required to have a Federal
                                                                                                           with, a collection of information subject
                                                  small entities. The no action alternative                                                                      processor permit under § 679.4; and his
                                                                                                           to the requirement of the PRA, unless
                                                  for Action 1 would maintain the                                                                                or her designee(s).
                                                                                                           that collection of information displays a
                                                  existing process of tender vessel                        currently valid OMB control number.                   *     *      *    *    *
                                                  operators completing paper fish tickets                  All currently approved NOAA                           ■ 3. In § 679.5,
                                                  for each delivery and giving the                                                                               ■ a. Revise paragraph (c)(6)(i),
                                                                                                           collections of information may be
                                                  information to the processor to                                                                                ■ b. Remove paragraphs (c)(6)(viii)(E)
                                                                                                           viewed at: http://www.cio.noaa.gov/                   ■ c. Revise paragraphs (e)(3)(i), and
                                                  transcribe and upload into eLandings.                    services_programs/prasubs.html.
                                                  Maintaining the manual writing and                                                                             (e)(5)(i)(A)(7);
                                                  submission of tender delivery data                       List of Subjects in 50 CFR Part 679                   ■ d. Add paragraph (e)(14)
                                                  would not meet the objective of                                                                                ■ e. Remove and reserve paragraph (d).
                                                                                                             Alaska, Fisheries, Reporting and                       The addition and revisions to read as
                                                  providing timely and accurate landing
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                                                                                                           recordkeeping requirements.                           follows:
                                                  data. To help reduce the burden of this
                                                  proposed regulation on small entities for                Samuel D. Rauch III,
                                                                                                                                                                 § 679.5   Recordkeeping and reporting
                                                  electronic recordkeeping and reporting,                  Deputy Assistant Administrator for                    (R&R).
                                                  NMFS would minimize the cost by                          Regulatory Programs National Marine
                                                                                                           Fisheries Service.                                    *     *    *     *      *
                                                  developing the tLandings tender                                                                                  (c) * * *
                                                  workstation application and providing                      For the reasons set out in the                        (6) * * *
                                                  that at no cost to participants to provide               preamble, NMFS proposes to amend 50                     (i) Responsibility. Except as described
                                                  services and products useful to the                      CFR part 679 as follows:                              in paragraph (f)(1)(v) of this section, the


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                                                  50442                        Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                  operator of a mothership that is required                         received from a tender vessel, enter the                                     transfer or offload of fish or shellfish
                                                  to have an FFP under § 679.4(b), or the                           ADF&G vessel registration number.                                            from the tender vessel to the processor.
                                                  operator of a CQE floating processor that                         *       *    *     *     *                                                      (B) The User must upload the data
                                                  receives or processes any groundfish                                 (14) Tender vessel landing report                                         recorded in tLandings by the tender
                                                  from the GOA or BSAI from vessels                                 (‘‘tLandings’’). (i) tLandings is an                                         vessel to prepare the initial landing
                                                  issued an FFP under § 679.4(b), is                                applications software for preparing                                          report for a catcher vessel delivering to
                                                  required to use a combination of                                  electronic landing reports for                                               a tender vessel that is required under
                                                  mothership DCPL and eLandings to                                  commercial fishery landings to tender                                        § 679.5(e) within the submittal time
                                                  record and report daily processor                                 vessels.                                                                     limit specified under § 679.5(e).
                                                  identification information, delivery                                 (ii) The operator of a tender vessel                                         (vi) Compliance. By using tLandings,
                                                  information, groundfish production                                taking delivery of fish or shellfish that                                    the User and the tender vessel operator
                                                  data, and groundfish and prohibited                               is required to be reported to NMFS on                                        providing information to the User
                                                  species discard or disposition data. The                          a landing report under § 679.5(e)(5)                                         accept the responsibility of and
                                                  operator must enter into the DCPL any                             must use tLandings to enter information                                      acknowledge compliance with
                                                  information for groundfish received                               about each landing of fish or shellfish                                      § 679.7(a)(10).
                                                  from catcher vessels, groundfish                                  and must provide that information to                                         *      *    *      *     *
                                                  received from processors for                                      the User defined under § 679.2.                                              ■ 4. In § 679.7, revise paragraph (a)(11)
                                                  reprocessing or rehandling, and                                      (iii) The User must configure and                                         to read as follows:
                                                  groundfish received from a tender                                 provide the tender vessel operator with
                                                  vessel.                                                           the most recent version of the tLandings                                     § 679.7           Prohibitions.
                                                  *      *      *    *      *                                       tender workstation application prior to                                      *       *    *    *     *
                                                                                                                    the tender vessel taking delivery of fish                                       (a) * * *
                                                     (e) * * *
                                                                                                                    or shellfish.                                                                   (11) Buying station or tender vessel—
                                                     (3) * * *                                                                                                                                   (i) Tender vessel. Use a catcher vessel or
                                                                                                                       (iv) The tender vessel operator must
                                                     (i) Operation type. Select the                                 log into the configured tLandings tender                                     catcher/processor as a tender vessel
                                                  operation type from the dropdown list.                            workstation application and provide the                                      before offloading all groundfish or
                                                  *      *      *    *      *                                       information required on the computer                                         groundfish product harvested or
                                                     (5) * * *                                                      screen. Additional instructions for                                          processed by that vessel.
                                                                                                                    tLandings is on the Alaska Region Web                                           (ii) Associated processor. Function as
                                                     (i) * * *                                                                                                                                   a tender vessel or buying station
                                                                                                                    site at http://alaskafisheries.noaa.gov.
                                                     (A) * * *                                                         (v) Submittal time limit. (A) The                                         without an associated processor.
                                                     (7) If the delivery is received from a                         tender vessel operator must provide the                                      *       *    *    *     *
                                                  buying station, indicate the name of the                          landing information in tLandings to the                                      ■ 5. Revise table 13 to part 679 to read
                                                  buying station. If the delivery is                                User at the commencement of the                                              as follows:
                                                                                                        TABLE 13 TO PART 679—TRANSFER FORM SUMMARY
                                                                                                                                                                                                                                            Dockside
                                                    If participant type is         And has * * * Fish             And is involved in this                                                                           Departure                                    Landing
                                                                                                                                                   VAR 1                  PTR 2             Trans-ship 3                                      sales
                                                             * * *                  product onboard                       activity                                                                                   report 4                                    receipt 6
                                                                                                                                                                                                                                            receipt 5

                                                  Catcher vessel greater        Only non-IFQ ground-             Vessel leaving or enter-             X
                                                    than 60 ft LOA,              fish.                             ing Alaska.
                                                    mothership, or catch-
                                                    er/processor.
                                                  Catcher vessel greater        Only IFQ sablefish, IFQ          Vessel leaving Alaska ..     ....................   ....................   ....................           X
                                                    than 60 ft LOA,              halibut, CDQ halibut,
                                                    mothership, or catch-        or CR crab.
                                                    er/processor.
                                                  Catcher vessel greater        Combination of IFQ sa-           Vessel leaving Alaska ..             X              ....................   ....................           X
                                                    than 60 ft LOA,               blefish, IFQ halibut,
                                                    mothership, or catch-         CDQ halibut, or CR
                                                    er/processor.                 crab and non-IFQ
                                                                                  groundfish.
                                                  Mothership, catcher/          Non-IFQ groundfish .....         Shipment of groundfish       ....................           X
                                                    processor, shoreside                                           product.
                                                    processor, or SFP.
                                                  Mothership, catcher/          Donated PSC ...............      Shipment of donated          ....................           X
                                                    processor, shoreside                                           PSC.
                                                    processor, or SFP.
                                                  Buying station or tender      Groundfish ...................   Receive or deliver
                                                    vessel.                                                        groundfish in asso-
                                                                                                                   ciation with a shore-
                                                                                                                   side processor, SFP,
                                                                                                                   or mothership.
                                                  Registered Buyer .........    IFQ sablefish, IFQ hal-          Transfer of product ......   ....................           X
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                                                                                  ibut, or CDQ halibut.
                                                  A person holding a            IFQ sablefish, IFQ hal-          Transfer of product ......   ....................   ....................   ....................   ....................         XXX
                                                    valid IFQ permit, IFQ         ibut, or CDQ halibut.
                                                    hired master permit,
                                                    or Registered Buyer
                                                    permit.
                                                  Registered Buyer .........    IFQ sablefish, IFQ hal-          Transfer from landing        ....................   ....................   ....................   ....................   ....................     XX
                                                                                  ibut, or CDQ halibut.            site to Registered
                                                                                                                   Buyer’s processing
                                                                                                                   facility.



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                                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules                                                                                                             50443

                                                                                                 TABLE 13 TO PART 679—TRANSFER FORM SUMMARY—Continued
                                                                                                                                                                                                                                                   Dockside
                                                      If participant type is          And has * * * Fish               And is involved in this                                                                             Departure                                       Landing
                                                                                                                                                          VAR 1                  PTR 2             Trans-ship 3             report 4
                                                                                                                                                                                                                                                     sales                 receipt 6
                                                               * * *                   product onboard                         activity                                                                                                            receipt 5

                                                  Vessel operator ............     Processed IFQ sable-               Transshipment between          ....................   ....................        XXXX
                                                                                     fish, IFQ halibut,                 vessels.
                                                                                     CDQ halibut, or CR
                                                                                     crab.
                                                  Registered Crab Re-              CR crab ........................   Transfer of product ......     ....................           X
                                                    ceiver.
                                                  Registered Crab Re-              CR crab ........................   Transfer from landing          ....................   ....................   ....................   ....................   ....................        XX
                                                    ceiver.                                                             site to RCR’s proc-
                                                                                                                        essing facility.
                                                      1A  vessel activity report (VAR) is described at § 679.5(k).
                                                      2A  product transfer report (PTR) is described at § 679.5(g).
                                                      3 An  IFQ transshipment authorization is described at § 679.5(l)(3).
                                                      4 An IFQ departure report is described at § 679.5(l)(4).
                                                      5 An IFQ dockside sales receipt is described at § 679.5(g)(2)(iv).
                                                      6 A landing receipt is described at § 679.5(e)(8)(vii).
                                                      X indicates under what circumstances each report is submitted.
                                                      XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
                                                      XXX indicates receipt must be issued to each receiver in a dockside sale.
                                                      XXXX indicates authorization must be obtained 24 hours in advance.


                                                  *          *      *        *        *                                  § § 679.2, 679.5, 679.7, 679.51                    [Amended]                   column and replace it with the phrase
                                                                                                                         ■ 6. At each of the locations shown in                                         indicated in the ‘‘Add’’ column for the
                                                                                                                         the ‘‘Location’’ column, remove the                                            number of times indicated in the
                                                                                                                         phrase indicated in the ‘‘Remove’’                                             ‘‘Frequency’’ column.

                                                                         Location                                                       Remove                                                                       Add                                                Frequency

                                                  § 679.2 ‘‘Agent’’ (1) ..................................        buying station ..........................................         buying station, tender vessel ..................                                                   1
                                                  § 679.2 ‘‘Agent’’ (2) ..................................        buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.2 ‘‘Associated processor’’ ..............                 buying station ..........................................         buying station or tender vessel ...............                                                    3
                                                  § 679.2 ‘‘Shoreside processor’’ ................                buying stations ........................................          buying stations, tender vessels ...............                                                    1
                                                  § 679.5(a)(2)(i) .........................................      or buying station ......................................          buying station, or tender vessel ..............                                                    2
                                                  § 679.5(a)(2)(ii) ........................................      or buying station ......................................          buying station, or tender vessel ..............                                                    1
                                                  § 679.5(a)(3)(ii) ........................................      catcher vessels and buying stations .......                       catcher vessels, buying stations, and                                                              1
                                                                                                                                                                                      tender vessels.
                                                  § 679.5(a)(3)(iii) ........................................     catcher vessel or buying station .............                    catcher vessel, buying station, or tender                                                          1
                                                                                                                                                                                      vessel.
                                                  § 679.5(b) .................................................    or buying station ......................................          buying station, or tender vessel ..............                                                    2
                                                  § 679.5(c)(1)(vi)(B)(4) ..............................          or buying station ......................................          buying station, or tender vessel ..............                                                    1
                                                  § 679.5(c)(3)(ii)(A)(3) ...............................         or buying station ......................................          buying station, or tender vessel ..............                                                    1
                                                  § 679.5(c)(3)(viii) ......................................      buying station ..........................................         buying station, tender vessel ..................                                                   1
                                                  § 679.5(c)(3)(x) ........................................       buying station ..........................................         buying station, tender vessel ..................                                                   1
                                                  § 679.5(c)(4)(ii)(A)(3) ...............................         or buying station ......................................          buying station, or tender vessel ..............                                                    1
                                                  § 679.5(c)(4)(viii) ......................................      buying station ..........................................         buying station, tender vessel ..................                                                   1
                                                  § 679.5(c)(4)(x) ........................................       buying station ..........................................         buying station, tender vessel ..................                                                   1
                                                  § 679.5(c)(6)(ii)(A) ....................................       buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi) introductory text .............               buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi)(A) ...................................        buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi)(B) ...................................        buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi)(C) ...................................        buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi)(F) ...................................        buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(vi)(H) ...................................        buying station ..........................................         tender vessel ...........................................                                          2
                                                  § 679.5(c)(6)(vii) .......................................      buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(c)(6)(viii)(A) .................................        buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(e)(3)(viii) ......................................      buying station ..........................................         buying station, tender vessel, .................                                                   1
                                                  § 679.5(e)(5)(i) introductory text ..............               buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.5(e)(5)(i)(A)(6) ................................         buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.5(e)(5)(i)(C)(1) ................................         buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.5(e)(5)(iii) ........................................     buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.5(e)(6)(i) introductory text ..............               buying station ..........................................         tender vessel ...........................................                                          1
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                                                  § 679.5(e)(6)(i)(B)(1) ................................         buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(e)(6)(iii) ........................................     buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(f)(1)(v) .........................................      buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.5(f)(5)(ii) .........................................     buying station ..........................................         buyer station or tender vessel .................                                                   1
                                                  § 679.5(p)(1) ............................................      buying station ..........................................         tender vessel ...........................................                                          1
                                                  § 679.7(d)(4)(i)(C) ....................................        buying station ..........................................         buying station or tender vessel ...............                                                    1
                                                  § 679.51(e)(3) ..........................................       or buying station ......................................          buying station, or tender vessel ..............                                                    1
                                                  Table 1b to Part 679 ...............................            and buying stations .................................             buying stations, and tender vessels ........                                                       1



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                                                  50444                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                  [FR Doc. 2016–18110 Filed 7–29–16; 8:45 am]                     proposed rule is intended to promote                  FOR FURTHER INFORMATION CONTACT:    Julie
                                                  BILLING CODE 3510–22–P                                          the goals and objectives of Amendment                 Scheurer, 907–586–7228.
                                                                                                                  113, the FMP, the Magnuson-Stevens                    SUPPLEMENTARY INFORMATION:
                                                                                                                  Fishery Conservation and Management
                                                  DEPARTMENT OF COMMERCE                                          Act, and other applicable laws.                       Authority for Action
                                                                                                                  DATES: Submit comments on or before                     NMFS manages the groundfish and
                                                  National Oceanic and Atmospheric
                                                  Administration                                                  August 31, 2016.                                      Pacific cod fisheries in the Exclusive
                                                                                                                  ADDRESSES: You may submit comments,                   Economic Zone of the BSAI under the
                                                  50 CFR Part 679                                                 identified by NOAA–NMFS–2015–0155,                    FMP. The North Pacific Fishery
                                                                                                                  by any one of the following methods:                  Management Council (Council)
                                                  [Docket No. 151113999–6620–01]                                     • Electronic Submission: Submit all                prepared, and the Secretary of
                                                  RIN 0648–BF54                                                   electronic public comments via the                    Commerce approved, the FMP pursuant
                                                                                                                  Federal e-Rulemaking portal. Go to                    to the Magnuson-Stevens Fishery
                                                  Fisheries of the Exclusive Economic                             www.regulations.gov/                                  Conservation and Management Act
                                                  Zone Off Alaska; Bering Sea and                                 #!docketDetail;D=NOAA-NMFS-2015-                      (Magnuson-Stevens Act) and other
                                                  Aleutian Islands Management Area;                               0155, click the ‘‘Comment Now!’’ icon,                applicable laws. Regulations
                                                  American Fisheries Act; Amendment                               complete the required fields, and enter               implementing the FMP appear at 50
                                                  113                                                             or attach your comments.                              CFR part 679. General regulations that
                                                  AGENCY:  National Marine Fisheries                                 • Mail: Address written comments to                pertain to U.S. fisheries appear at 50
                                                                                                                  Glenn Merrill, Assistant Regional                     CFR part 600.
                                                  Service (NMFS), National Oceanic and
                                                  Atmospheric Administration (NOAA),                              Administrator, Sustainable Fisheries                    The Council submitted Amendment
                                                  Commerce.                                                       Division, Alaska Region NMFS, Attn:                   113 for review by the Secretary of
                                                                                                                  Ellen Sebastian. Mail comments to P.O.                Commerce. A notice of availability of
                                                  ACTION: Proposed rule; request for
                                                                                                                  Box 21668, Juneau, AK 99802.                          Amendment 113 was published in the
                                                  comments.
                                                                                                                     Instructions: Comments sent by any                 Federal Register on July 19, 2016, with
                                                  SUMMARY:    NMFS proposes regulations to                        other method, to any other address or                 comments invited through September
                                                  implement Amendment 113 to the                                  individual, or received after the end of              19, 2016. All relevant written comments
                                                  Fishery Management Plan for                                     the comment period, may not be                        received by that time, whether
                                                  Groundfish of the Bering Sea and                                considered by NMFS. All comments                      specifically directed to Amendment 113
                                                  Aleutian Islands Management Area                                received are a part of the public record              or to this proposed rule, will be
                                                  (FMP). This proposed rule would                                 and will generally be posted for public               considered in the decision to approve or
                                                  modify the Bering Sea and Aleutian                              viewing on www.regulations.gov                        disapprove Amendment 113.
                                                  Islands (BSAI) Pacific cod fishery to set                       without change. All personal identifying              Background
                                                  aside a portion of the Aleutian Islands                         information (e.g., name, address),
                                                  Pacific cod total allowable catch for                           confidential business information, or                    This proposed rule would modify the
                                                  harvest by vessels directed fishing for                         otherwise sensitive information                       BSAI Pacific cod fishery to set aside a
                                                  Aleutian Islands Pacific cod and                                voluntarily submitted by the commenter                portion of the Aleutian Islands Pacific
                                                  delivering their catch for processing to                        will be publicly accessible. NMFS will                cod total allowable catch (TAC) for
                                                  shoreside processors located on land                            accept anonymous comments (enter N/                   harvest by vessels directed fishing for
                                                  west of 170 W. longitude in the Aleutian                        A in the required fields, if you wish to              Aleutian Islands Pacific cod and
                                                  Islands (Aleutian Islands shoreplants).                         remain anonymous).                                    delivering their catch to Aleutian
                                                  The harvest set-aside would apply only                             Electronic copies of Amendment 113                 Islands shoreplants for processing. The
                                                  if specific notification and performance                        to the FMP and the Environmental                      harvest set-aside would apply only if
                                                  requirements are met, and only during                           Assessment/Regulatory Impact Review/                  specific notification and performance
                                                  the first few months of the fishing year.                       Initial Regulatory Flexibility Analysis               requirements are met, and only during
                                                  This harvest set-aside would provide                            (collectively, Analysis) prepared for this            the first few months of the fishing year.
                                                  the opportunity for vessels, Aleutian                           action may be obtained from http://                   The following sections of this preamble
                                                  Islands shoreplants, and the                                    www.regulations.gov or from the Alaska                provide a description of (1) the BSAI
                                                  communities where Aleutian Islands                              Region Web site at http://                            Pacific cod fishery; (2) the need for the
                                                  shoreplants are located to receive                              alaskafisheries.noaa.gov.                             proposed rule; and (3) the proposed
                                                  benefits from a portion of the Aleutian                            Written comments regarding the                     rule.
                                                  Islands Pacific cod fishery, while the                          burden-hour estimates or other aspects                   To aid the reader, the following
                                                  notification and performance                                    of the collection-of-information                      glossary table (Table 1) lists the
                                                  requirements would preserve an                                  requirements contained in this proposed               abbreviations, acronyms, and other
                                                  opportunity for the complete harvest of                         rule may be submitted by mail to NMFS                 technical terms most commonly used
                                                  the BSAI Pacific cod resource should                            at the above address; emailed to OIRA_                throughout this document. These terms
                                                  complications arise with participation                          submission@omb.eop.gov; or faxed to                   are defined and discussed further in the
                                                  in the harvest set-aside fishery. This                          202–395–5806.                                         following sections of this preamble.

                                                          TABLE 1—GLOSSARY OF TERMS, ABBREVIATIONS, AND ACRONYMS FREQUENTLY USED IN THIS PROPOSED RULE
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                                                  ABC ..............       acceptable biological catch.
                                                  AFA ..............       American Fisheries Act.
                                                  AI ..................    Aleutian Islands subarea (see definition in § 679.2).
                                                  BS ................      Bering Sea subarea (see definition in § 679.2).
                                                  BSAI .............       Bering Sea and Aleutian Islands Management Area (see definition in § 679.2).
                                                  CDQ .............        Western Alaska Community Development Quota.
                                                  Council .........        North Pacific Fishery Management Council.



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Document Created: 2016-07-30 06:26:03
Document Modified: 2016-07-30 06:26:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesSubmit comments on or before August 31, 2016.
ContactKeeley Kent, 907-586-7228.
FR Citation81 FR 50436 
RIN Number0648-BF83
CFR AssociatedAlaska; Fisheries and Reporting and Recordkeeping Requirements

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