[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). * * * * *