[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR679.84]

[Page 563-567]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 679_FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table 
 
                       Subpart G_Rockfish Program
 
Sec. 679.84  Rockfish Program recordkeeping, permits, monitoring,

and catch accounting.

    (a) Recordkeeping and reporting. See Sec. 679.5(r).
    (b) Permits. See Sec. 679.4(m).
    (c) Catch monitoring requirements for catcher/processors assigned to 
a rockfish cooperative or rockfish limited access fishery. The 
requirements under paragraphs (c)(1) through (9) of this section apply 
to any catcher/processor vessel participating in a rockfish cooperative

[[Page 564]]

or the rockfish limited access fishery, and that is subject to a 
sideboard limit as described in this section. At all times when a vessel 
has groundfish onboard that were harvested under a CQ permit that were 
harvested during a rockfish limited access fishery, or that were 
harvested by a vessel subject to a sideboard limit as described under 
Sec. 679.82(d) through (g), as applicable, the vessel owner or operator 
must ensure that:
    (1) Catch weighing. All groundfish are weighed on a NMFS-approved 
scale in compliance with the scale requirements at Sec. 679.28(b). Each 
haul must be weighed separately and all catch must be made available for 
sampling by a NMFS-certified observer.
    (2) Observer sampling station. An observer sampling station meeting 
the requirements at Sec. 679.28(d) is available at all times.
    (3) Observer coverage requirements. The vessel is in compliance with 
the observer coverage requirements described at Sec. 679.50(c)(7)(i).
    (4) Operational line. The vessel has no more than one operational 
line or other conveyance for the mechanized movement of catch between 
the scale used to weigh total catch and the location where the observer 
collects species composition samples.
    (5) Fish on deck. No fish are allowed to remain on deck unless an 
observer is present, except for fish inside the codend and fish 
accidentally spilled from the codend during hauling and dumping. Fish 
accidentally spilled from the codend must be moved to the fish bin.
    (6) Sample storage. The vessel owner or operator provides sufficient 
space to accommodate a minimum of 10 observer sampling baskets. This 
space must be within or adjacent to the observer sample station.
    (7) Pre-cruise meeting. The Observer Program Office is notified by 
phone at 1-907-271-1702 at least 24 hours prior to departure when the 
vessel will be carrying an observer who had not previously been deployed 
on that vessel. Subsequent to the vessel's departure notification, but 
prior to departure, NMFS may contact the vessel to arrange for a pre-
cruise meeting. The pre-cruise meeting must minimally include the vessel 
operator or manager and the observer assigned to that vessel.
    (8) Belt and flow operations. The vessel operator stops the flow of 
fish and clear all belts between the bin doors and the area where the 
observer collects samples of unsorted catch when requested to do so by 
the observer.
    (9) Vessel crew in tanks or bins. The vessel owner complies with the 
requirements specified in paragraph (c)(9)(i) of this section unless the 
vessel owner has elected, and has had approved by NMFS at the time of 
the annual observer sampling station inspection or as described at 
paragraph (c)(9)(v) of this section, one of the three monitoring options 
described at paragraph (c)(9)(ii) or (iii) of this section.
    (i) Option 1--No crew in bin or tank. No crew may enter any bin or 
tank preceding the point where the observer samples unsorted catch, 
unless:
    (A) The flow of fish has been stopped between the tank and the 
location where the observer samples unsorted catch;
    (B) All catch has been cleared from all locations between the tank 
and the location where the observer samples unsorted catch;
    (C) The observer has been given notice that the vessel crew must 
enter the tank; and
    (D) The observer is given the opportunity to observe the activities 
of the person(s) in the tank; or,
    (E) The observer informs the vessel operator, or his designee that 
all sampling has been completed for a given haul, in which case crew may 
enter a tank containing fish from that haul without stopping the flow of 
fish or clearing catch between the tank and the observer sampling 
station.
    (ii) Option 2--Line of sight option. From the observer sampling 
station, the location where the observer sorts and weighs samples, and 
the location from which the observer collects unsorted catch, an 
observer of average height (between 64 and 74 inches (140 and 160 cm)) 
must be able to see all areas of the bin or tank where crew could be 
located preceding the point where the observer samples catch. If clear 
panels are used to comply with this requirement, those panels must be

[[Page 565]]

maintained with sufficient clarity to allow an individual with normal 
vision to read text located two feet inside of the bin or tank. The text 
must be written in 87 point type (corresponding to line four on a 
standard Snellen eye chart) and the text must be readable from the 
observer sampling station, the location where the observer sorts and 
weighs samples, and the location from which the observer collects 
unsorted catch. The observer must be able to view the activities of crew 
in the bin from these locations.
    (iii) Option 3--Video option. A vessel must provide and maintain 
cameras, a monitor, and a digital video recording system for all areas 
of the bin or tank where crew could be located preceding the point where 
the observer collects catch. The vessel owner or operator must ensure 
that:
    (A) The system has sufficient data storage capacity to store all 
video data from an entire trip. Each frame of stored video data must 
record a time/date stamp. At a minimum, all periods of time when fish 
are inside the bin must be recorded and stored;
    (B) The system includes at least one external USB (1.1 or 2.0) hard 
drive and use commercially available software;
    (C) Color cameras have at a minimum 420 TV lines of resolution, a 
lux rating of 0.1, and auto-iris capabilities;
    (D) The video data is maintained and made available to NMFS staff, 
or any individual authorized by NMFS, upon request. These data must be 
retained onboard the vessel for no less than 120 days after the 
beginning of a trip, unless NMFS has notified the vessel operator that 
the video data may be retained for less than this 120 day period;
    (E) The system provides sufficient resolution and field of view to 
see and read a text sample written in 130 point type (corresponding to 
line two of a standard Snellen eye chart) from any location within the 
tank where crew could be located;
    (F) The system is recording at a speed of no less than 5 frames per 
second at all times when fish are inside the tank;
    (G) A 16-bit or better color monitor, for viewing activities within 
the tank in real time, is provided within the observer sampling station 
(or location where the observer sorts and weighs samples, if applicable) 
and has the capacity to display all cameras simultaneously. That monitor 
must be operating at all times when fish are in the tank. The monitor 
must be placed at or near eye level and provide the same resolution as 
specified in paragraph (c)(9)(iii)(E) of this section;
    (H) The observer is able to view any earlier footage from any point 
in the trip and is assisted by crew knowledgeable in the operation of 
the system in doing so;
    (I) The vessel owner has, in writing, provided the Regional 
Administrator with the specifications of the system. At a minimum, this 
must include:
    (1) The length and width (in pixels) of each image;
    (2) The file type in which the data are recorded;
    (3) The type and extent of compression;
    (4) The frame rate at which the data will be recorded;
    (5) The brand and model number of the cameras used;
    (6) The brand, model, and specifications of the lenses used;
    (7) A scale drawing of the location of each camera and its coverage 
area;
    (8) The size and type of storage device;
    (9) The type, speed, and operating system of any computer that is 
part of the system;
    (10) The individual or company responsible for installing and 
maintaining the system;
    (11) The individual onboard the vessel responsible for maintaining 
the system and working with the observer on its use; and
    (12) Any additional information requested by the Regional 
Administrator.
    (J) Any change to the video system that would affect the system's 
functionality is submitted to, and approved by the Regional 
Administrator in writing before that change is made.
    (iv) Failure of line of sight or video option. If the observer 
determines that a monitoring option selected by a vessel owner or 
operator specified in paragraph (c)(9)(ii) or (c)(9)(iii) of this 
section fails to provide adequate monitoring of all areas of the bin 
where

[[Page 566]]

crew could be located, then the vessel shall use the monitoring option 
specified in paragraph (c)(9)(i) of this section until the observer 
determines that adequate monitoring of all areas of the bin where crew 
could be located is provided by the monitoring option selected by the 
vessel owner or operator.
    (v) Bin or tank monitoring for opt-out vessels. Vessel owners or 
operators choosing to participate in the opt-out fishery must arrange 
for inspection of their bin monitoring option. Each option must be 
inspected and approved by NMFS annually and prior to its use for the 
first time. If the bin monitoring option is changed or altered once 
approved, it is invalid and the owner or operator must arrange for 
another inspection.
    (A) How does a vessel owner arrange for a bin monitoring option 
inspection? The time and place of the inspection may be arranged by 
submitting to NMFS a written request for an inspection. Inspections will 
be scheduled no later than 10 working days after NMFS receives a 
complete application for an inspection, including the following 
information:
    (1) Name and signature of the person submitting the application, and 
the date of the application.
    (2) Street address, business address, telephone number, and fax 
number of the person submitting the application.
    (3) Whether the vessel has received a bin monitoring option 
inspection before and, if so, the date of the most recent inspection 
report.
    (4) Vessel name.
    (5) Federal fishery permit number.
    (6) Location of vessel where the inspection is requested to occur, 
including street address and city.
    (7) A diagram drawn to scale showing the locations where all catch 
will be weighed and sorted by the observer, the location where unsorted 
catch will be collected, and the location of any video equipment or 
viewing panels or ports.
    (B) Where will bin monitoring option inspections be conducted? 
Inspections will be conducted on vessels tied to docks at Dutch Harbor, 
Alaska, Kodiak, Alaska, and in the Puget Sound area of Washington State.
    (C) Bin monitoring option inspection report. A bin monitoring option 
inspection report, valid for 12 months from the date it is signed by 
NMFS, will be issued to the vessel owner if the bin monitoring option 
meets the requirements of paragraph (c)(9)(v). The vessel owner must 
maintain a current bin option inspection report on board the vessel at 
all times the vessel is required to provide an approved bin monitoring 
option under this paragraph (c)(9)(v)(C). The bin monitoring option 
inspection report must be made available to the observer, NMFS 
personnel, or to an authorized officer upon request.
    (d) Catch monitoring requirements for catcher/processors assigned to 
the opt-out fishery. At all times any catcher/processor vessel assigned 
to the opt-out fishery has groundfish onboard that vessel that were 
harvested subject to a sideboard limit as described under Sec. 
679.82(d) through (h), as applicable, the vessel owner or operator must 
ensure catch from an individual haul is not mixed with catch from 
another haul prior to sampling by a NMFS-certified observer, that all 
catch be made available for sampling by a NMFS-certified observer, and 
that the requirements in paragraphs (c)(3), (4), (5), (8), and (9) of 
this section are met.
    (e) Catch monitoring requirements for catcher vessels. The owner or 
operator of a catcher vessel must ensure the vessel complies with the 
observer coverage requirements described at Sec. 679.50(c)(7)(ii) at 
all times the vessel is participating in a rockfish cooperative, 
rockfish limited access fishery, or rockfish sideboard fishery described 
in this section.
    (f) Catch monitoring requirements for shoreside and stationary 
floating processors--(1) Catch monitoring and control plan (CMCP). The 
owner or operator of a shoreside or stationary floating processor 
receiving deliveries from a catcher vessel described at Sec. 
679.50(c)(7)(ii) must ensure the shoreside or stationary floating 
processor complies with the CMCP requirements described at Sec. 
679.28(g).
    (2) Catch weighing. All groundfish landed by catcher vessels 
described at Sec. 679.50(c)(7)(ii) must be sorted, weighed on a scale 
approved by the State of Alaska as described at Sec. 679.28(c), and be 
made available for sampling by a NMFS-certified observer. The observer

[[Page 567]]

must be allowed to test any scale used to weigh groundfish to determine 
its accuracy.
    (3) Notification requirements. The plant manager or plant liaison 
must notify the observer of the offloading schedule for each delivery of 
groundfish harvested in a Rockfish Program fishery at least 1 hour prior 
to offloading. An observer must be available to monitor each delivery of 
groundfish harvested in a Rockfish Program fishery. The observer must be 
available the entire time the delivery is being weighed or sorted.
    (g) Catch accounting--(1) Primary rockfish species and secondary 
species. All primary rockfish species and secondary species harvested by 
a vessel, including harvests in adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season, that is named on an 
LLP license that is assigned to a rockfish cooperative and fishing under 
a CQ permit will be debited against the CQ for that rockfish cooperative 
from May 1:
    (i) Until November 15; or
    (ii) Until that rockfish cooperative has submitted a rockfish 
cooperative termination of fishing declaration that has been approved by 
NMFS.
    (2) Rockfish halibut PSC. All rockfish halibut PSC used by a vessel, 
including halibut PSC used in the adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season, that is named on an 
LLP license that is assigned to a rockfish cooperative and fishing under 
a CQ permit will be debited against the CQ for that rockfish cooperative 
from May 1:
    (i) Until November 15; or
    (ii) Until the designated representative of that rockfish 
cooperative has submitted a rockfish cooperative termination of fishing 
declaration that has been approved by NMFS.
    (3) Groundfish sideboard limits. All groundfish harvested by a 
vessel, except groundfish harvested by a vessel fishing under a CQ 
permit in the Central GOA including groundfish harvested in the adjacent 
waters open by the State of Alaska for which it adopts a Federal fishing 
season, that is subject to a sideboard limit for that groundfish species 
as described under Sec. 679.82(d) through (h), as applicable, from July 
1 until July 31 will be debited against the sideboard limit established 
for that sector or rockfish cooperative, as applicable.
    (4) Halibut sideboard limits. All halibut PSC used by a vessel, 
except halibut PSC used by a vessel fishing under a CQ permit, or in a 
rockfish limited access fishery including halibut PSC used in the 
adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season, that is subject to a sideboard limit as 
described under Sec. 679.82(d) through (h), as applicable, from July 1 
until July 31 will be debited against the sideboard limit established 
for that sector or rockfish cooperative, as applicable.

[71 FR 67252, Nov. 20, 2006, as amended at 72 FR 37681, July 11, 2007]

    Effective Date Note: At 72 FR 52726, Sept. 14, 2007, Sec. 679.84 
was amended by revising paragraphs (c)(7) and (c)(9), effective Oct. 15, 
2007. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 679.84  Rockfish Program recordkeeping, permits, monitoring, and 
          catch accounting.

                                * * * * *

    (c) * * *
    (7) Pre-cruise meeting. The Observer Program Office is notified by 
phone at 1-907-271-1702 at least 24 hours prior to departure when the 
vessel will be carrying an observer who had not previously been deployed 
on that vessel within the last 12 months. Subsequent to the vessel's 
departure notification, but prior to departure, NMFS may contact the 
vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must 
minimally include the vessel operator or manager, and any observers 
assigned to the vessel.

                                * * * * *

    (9) Vessel crew in tanks or bins. The vessel owner or operator must 
comply with the bin monitoring standards specified in Sec. 679.28(i).

                                * * * * *