50 CFR § 679.100 - Fisheries of the Exclusive Economic Zone off Alaska - Equipment and Operational Requirements for the Longline Catcher/Processor Subsector

858 50 CFR Ch. VI (10–1–22 Edition) § 679.100 (e) Over payment. Upon issuance of final agency action, payment sub mitted to NMFS in excess of the Amendment 80 fee determined to be due by the final agency action will be returned to the Amendment 80 coopera tive unless the Amendment 80 coopera tive’s representative requests the agen cy to credit the excess amount against the Amendment 80 CQ permit holder’s future Amendment 80 fee. (f) Appeals. An Amendment 80 cooper ative representative who receives an IAD for incomplete payment of an Amendment 80 fee may appeal under the appeals procedures set out a 15 CFR part 906. (g) Annual report. Each year, NMFS will publish a report describing the Amendment 80 Cost Recovery Fee Pro gram. [81 FR 171, Jan. 5, 2016] Subpart I—Equipment and Oper ational Requirements for the Longline Catcher/Processor Subsector § 679.100 Applicability. The owner and operator of a vessel named on an LLP license with a Pa cific cod catcher-processor hook-and line endorsement for the Bering Sea, Aleutian Islands or both the Bering Sea and Aleutian Islands must comply with the requirements of this subpart. (a) Opt out selection. Each year, the owner of a vessel subject to this sub part who does not intend to directed fish for Pacific cod in the BSAI or con duct groundfish CDQ fishing at any time during a year may, by November 1 of the year prior to fishing, submit to NMFS a completed notification form to opt out of directed fishing for Pa cific cod in the BSAI and groundfish CDQ fishing in the upcoming year. The notification form is available on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/). Once the ves sel owner has selected to opt out, the owner must ensure that the vessel is not used as a catcher/processor to con duct directed fishing for Pacific cod with hook-and-line gear in the BSAI or to conduct groundfish CDQ fishing dur ing the specified year. (b) Monitoring option selection. The owner of a vessel subject to this sub part that does not opt out under para graph (a) of this section must submit a completed notification form for one of two monitoring options to NMFS. The notification form is available on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/). The vessel owner must comply with the selected monitoring option at all times when the vessel is operating in either the BSAI or GOA groundfish fisheries when directed fishing for Pacific cod is open in the BSAI, or while the vessel is groundfish CDQ fishing. If NMFS does not receive a notification to opt out or a notification for one of the two moni toring options, NMFS will assign that vessel to the increased observer cov erage option under paragraph (b)(1) of this section until the notification form has been received by NMFS. (1) Increased observer coverage option. Under this option, the vessel owner and operator must ensure that— (i) The vessel is in compliance with observer coverage requirements de scribed at § 679.51(a)(2)(vi)(E)(1). (ii) The vessel is in compliance with observer workload requirements de scribed at § 679.51(a)(2)(iii). (iii) An observer sampling station meeting the requirements at § 679.28(d) is available at all times, unless other wise approved by NMFS. (iv) All sets are made available for sampling by an observer. (v) The Observer Program is notified by phone at 1 (907) 581–2060 (Dutch Har bor, AK) or 1 (907) 481–1770 (Kodiak, AK) at least 24 hours prior to departure when the vessel will be carrying an ob server who has not previously been de ployed on that vessel within the last 12 months. Subsequent to the vessel’s de parture notification, but prior to de parture, NMFS may contact the vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must mini mally include the vessel operator or manager and any observers assigned to the vessel. (2) Scales option. Under this option— (i) The vessel owner and operator must ensure that— (A) The vessel is in compliance with observer coverage requirements de scribed at § 679.51(a)(2)(vi)(E)(2). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00868 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 859 Fishery Conservation and Management § 679.110 (B) All Pacific cod brought onboard the vessel is weighed on a NMFS-ap proved scale in compliance with the scale requirements at § 679.28(b), and that each set is weighed and recorded separately. (C) An observer sampling station meeting the requirements at § 679.28(d) is available at all times, unless other wise approved by NMFS. (D) The vessel is in compliance with the video monitoring requirements de scribed at § 679.28(k). (E) The Observer Program is notified by phone at 1 (907) 581–2060 (Dutch Har bor, AK) or 1 (907) 481–1770 (Kodiak, AK) at least 24 hours prior to departure when the vessel will be carrying an ob server who has not previously been de ployed on that vessel within the last 12 months. Subsequent to the vessel’s de parture notification, but prior to de parture, NMFS may contact the vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must mini mally include the vessel operator or manager and any observers assigned to the vessel. (ii) NMFS will use the weight of all catch that passes over the scale for the purposes of accounting for Pacific cod catch. (iii) At the time NMFS approves the scale used to weigh Pacific cod, NMFS will provide the vessel owner or oper ator with one of the following designa tions on the scale inspection report that will be used for catch accounting of Pacific cod for the duration of the approval period: (A) Scale prior to bleeding. If the scale is located before the location where Pacific cod are bled, a PRR of 1.00 will be applied to all catch weighed on the motion-compensated scale. (B) Scale between bleeding and holding area. If Pacific cod are bled before being weighed and prior to the bleeding holding area, a PRR of 0.99 will be ap plied to all catch weighed on the scale. (C) Scale after holding area. If Pacific cod are bled and placed in a bleeding holding area before being weighed, a PRR of 0.98 will be applied to all catch weighed on the scale. (c) Electronic logbooks. The operator of a vessel subject to paragraph (b) of this section at any time during a year must comply with the requirements for electronic logbooks at § 679.5(f) at all times during that year. [77 FR 59061, Sept. 26, 2012, as amended at 77 FR 70103, Nov. 21, 2012; 79 FR 68616, Nov. 18, 2014; 83 FR 30533, June 29, 2018] Subpart J—Gulf of Alaska Trawl Economic Data § 679.110 Gulf of Alaska Trawl Eco nomic Data Reports (EDRs). (a) Requirements to submit an EDR—(1) GOA Trawl Catcher Vessels. The owner or leaseholder of any vessel who is named on a Limited License Program (LLP) groundfish license that author izes a catcher vessel using trawl gear to harvest LLP groundfish species in the GOA must submit a complete An nual Trawl Catcher Vessel Economic Data Report (EDR) for that calendar year by following the instructions on the Annual Trawl Catcher Vessel EDR form. (2) GOA Shoreside Processors and Sta tionary Floating Processors. The owner or leaseholder of a shoreside processor or stationary floating processor with a Federal Processor Permit (FPP) that processes groundfish caught by vessels fishing with trawl gear in the GOA must submit a complete Annual Shore side Processor Economic Data Report (EDR) for that calendar year by fol lowing the instructions on the Annual Shoreside Processor EDR form. (3) Annual Trawl Catcher/Processor Economic Data Report (EDR). The owner or leaseholder of a vessel that is named on a Limited License Program (LLP) groundfish license that authorizes a Catcher/Processor using trawl gear to harvest and process LLP groundfish in the GOA must submit an Annual Trawl Catcher/Processor EDR as described at § 679.94 for that calendar year. (b) Deadline. A completed EDR or EDR certification page for: (1) The Annual Trawl Catcher Vessel EDR or the Annual Shoreside Proc essor EDR must be submitted to the DCA for each calendar year on or be fore 1700 hours, A.l.t., June 1 of the fol lowing year, or (2) The Annual Trawl Catcher/Proc essor EDR must be submitted to NMFS as required at § 679.94(a)(2). (c) Information required. The Annual Trawl Catcher Vessel EDR, Annual VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00869 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B