[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR679.28]

[Page 438-450]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 679_FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of 
 
                      Subpart B_Management Measures
 
Sec.  679.28  Equipment and operational requirements.

    (a) Applicability. This section contains the requirements for 
scales, observer sampling stations, bins for volumetric estimates, and 
vessel monitoring system hardware. This section does not require any 
vessel or processor to provide this equipment. Such requirements appear 
elsewhere in this part.
    (b) Scales used to weigh catch at sea. In order to be approved by 
NMFS a scale used to weigh catch at sea must meet the type evaluation 
requirements set forth in paragraph (b)(1) of this section and the 
initial inspection and annual reinspection requirements set forth in 
paragraph (b)(2) of this section. Once a scale is installed on a vessel 
and approved by NMFS for use to weigh catch at sea, it must be 
reinspected annually and must be tested daily and meet the maximum 
permissible error (MPE) requirements described in paragraph (b)(3) of 
this section.
    (1) List of scales eligible for approval. The model of scale must be 
included on the Regional Administrator's list of scales eligible to be 
approved for weighing catch at sea before an inspector will schedule or 
conduct a scale inspection under paragraph (b)(2) of this

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section. A scale will be included on the list when the Regional 
Administrator receives the information specified in paragraphs (b)(1)(i) 
through (iv) of this section. This information identifies and describes 
the scale, sets forth contact information regarding the manufacturer, 
and sets forth the results of required type evaluations and testing. 
Type evaluation and testing must be conducted by a laboratory accredited 
by the government of the country in which the tests are conducted.
    (i) Information about the scale. (A) Name of scale manufacturer.
    (B) Name of manufacturer's representative.
    (C) Mailing address of scale manufacturer and manufacturer's 
representative.
    (D) Telephone and fax number of manufacturer's representative.
    (E) Model and serial number of the scale tested.
    (F) A written description of the scale and diagrams explaining how 
the scale operates and how it compensates for motion.
    (G) A list of the model numbers of all scales for which type 
evaluation results are applicable, identifying the differences between 
the model evaluated in the laboratory and other models listed. The 
scales may differ only in the elements of the scale that perform motion 
compensation, the size or capacity of the scale, and the software used 
by the scale.
    (H) A list of types of scale adjustments that will be recorded on 
the audit trail, including the name of the adjustment as it will appear 
on the audit trail, and a written description of the adjustment.
    (ii) Information about the laboratory. (A) Name of laboratory.
    (B) Mailing address of laboratory.
    (C) Telephone and fax number of laboratory's representative.
    (D) Name and address of government agency accrediting the 
laboratory.
    (E) Name and signature of person responsible for evaluation of the 
scale and the date of signature.
    (iii) Checklist. A completed checklist indicating that all 
applicable technical and performance standards in appendix A to this 
part and the laboratory tests in the annex to appendix A to this part 
have been met.
    (iv) Verification of test results. Verification that a scale meets 
the laboratory evaluation and testing requirements in appendix A of this 
part and each of the influence quantity and disturbance tests as 
specified in the annex to appendix A to this part:
    (A) Test results and data on forms supplied by NMFS;
    (B) National Type Evaluation Program (NTEP) Certificates of 
Conformance, test results and data for a component of a scale or for the 
entire device. NTEP Certificates of Conformance, test results, and data 
may be submitted only in lieu of the specific influence factor tests 
conducted to obtain the NTEP Certificates of Conformance. Additional 
information must be submitted to verify compliance with the laboratory 
tests that are not performed under the NTEP; and/or
    (C) International Organization of Legal Metrology (OIML) 
Certificates of Conformance, test results and data.
    (v) Exceptions. A scale manufacturer or their representative may 
request that NMFS approve a custom built automatic hopper scale under 
the following conditions:
    (A) The scale electronics are the same as those used in other scales 
on the Regional Administrator's list of scales eligible for approval;
    (B) Load cells have received Certificates of Conformance from NTEP 
or OIML;
    (C) The scale compensates for motion in the same manner as other 
scales made by that manufacturer which have been listed on the Regional 
Administrator's list of scales eligible for approval;
    (D) The scale, when installed, meets all of the requirements set 
forth in paragraph 3 of appendix A to this part, except those 
requirements set forth in paragraph 3.2.1.1.
    (2) Inspection of at-sea scales--(i) What is an inspection? An 
inspection is a visual assessment and test of a scale after it is 
installed on the vessel and while the vessel is tied up at a dock and 
not under power at sea to determine if the scale meets all of the 
applicable performance and technical requirements in paragraph (b)(2) of 
this section and

[[Page 440]]

in appendix A to this part. A scale will be approved by the inspector if 
it meets all of the applicable performance and technical requirements in 
paragraph (b)(2) of this section and appendix A to this part.
    (ii) How often must a scale be inspected? Each scale must be 
inspected and approved before the vessel may participate in any fishery 
requiring the weighing of catch at sea with an approved scale. Each 
scale must be reinspected within 12 months of the date of the most 
recent inspection.
    (iii) Who may perform scale inspections? Scales must be inspected by 
either a NMFS staff scale inspector or a scale inspector employed by a 
weights and measures agency designated by NMFS to perform scale 
inspections on its behalf. A list of authorized scale inspectors is 
available from the Regional Administrator upon request. Scale 
inspections are paid for by NMFS.
    (A) Inspectors from an agency designated by NMFS. Inspectors 
employed by a weights and measures agency designated by NMFS to perform 
scale inspections on behalf of NMFS. Scale inspections by such 
inspectors are paid for by NMFS.
    (B) Inspectors from other agencies. Inspectors employed by a U.S., 
state, or local weights and measures agency other than the weights and 
measures agency designated by NMFS and meeting the following 
requirements:
    (1) The inspector successfully completes training conducted by a 
scale inspector from the weights and measures agency designated by NMFS 
to perform scale inspections on behalf of NMFS. The training consists of 
observing a scale inspection conducted by a scale inspector designated 
by NMFS and conducting an inspection under the supervision of a scale 
inspector designated by NMFS. The inspector must obtain this training 
for each type of scale inspected.
    (2) The inspector notifies NMFS in writing that he/she meets the 
requirements of this paragraph (b)(2)(iii)(B) prior to conducting any 
inspections.
    (3) Inspectors from agencies other than the weights and measures 
agency designated by NMFS to perform scale inspections on behalf of NMFS 
must notify the Regional Administrator of the date, time, and location 
of the scale inspection at least 3 working days before the inspection is 
conducted so that NMFS staff may have the opportunity to observe the 
inspection.
    (iv) How does a vessel owner arrange for a scale inspection? The 
time and place of the inspection may be arranged by contacting the 
authorized scale inspectors. Vessel owners must request a scale 
inspection at least 10 working days in advance of the requested 
inspection by contacting an authorized scale inspector at the address 
indicated on the list of authorized inspectors.
    (v) Where will scale inspections be conducted? Scale inspections by 
inspectors paid by NMFS will be conducted on vessels tied up at docks in 
Dutch Harbor, Alaska, and in the Puget Sound area of Washington State.
    (vi) Responsibilities of the vessel owner during a scale inspection. 
After the vessel owner has installed a model of scale that is on the 
Regional Administrator's list of scales eligible to be approved for 
weighing catch at sea, the vessel owner must:
    (A) Make the vessel and scale available for inspection by a scale 
inspector authorized by the Regional Administrator.
    (B) Provide a copy of the scale manual supplied by the scale 
manufacturer to the inspector at the beginning of the inspection.
    (C) Transport test weights, test material, and equipment required to 
perform the test to and from the inspector's vehicle and the location on 
the vessel where the scale is installed.
    (D) Apply test weights to the scale or convey test materials across 
the scale, if requested by the scale inspector.
    (E) Assist the scale inspector in performing the scale inspection 
and testing.
    (vii) Scale inspection report. (A) A scale is approved for use when 
the scale inspector completes and signs a scale inspection report 
verifying that the scale meets all of the requirements specified in this 
paragraph (b)(2) and appendix A to this part.
    (B) The scale inspector must provide the original inspection report 
to the vessel owner and a copy to NMFS.
    (C) The vessel owner must either:

[[Page 441]]

    (1) Maintain a copy of the report on board when use of the scale is 
required and make the report available to the observer, NMFS personnel, 
or an authorized officer, upon request, or;
    (2) Display a valid NMFS-sticker on each approved scale.
    (D) When in use, an approved scale must also meet the requirements 
described in paragraphs (b)(3) through (b)(6) of this section.
    (3) At-sea scale tests. To verify that the scale meets the MPEs 
specified in this paragraph (b)(3), the vessel operator must test each 
scale or scale system used to weigh total catch one time during each 24-
hour period when use of the scale is required. The vessel owner must 
ensure that these tests are performed in an accurate and timely manner.
    (i) Belt scales and automatic hopper scales. (A) The MPE in the 
daily at-sea scale tests is plus or minus 3 percent of the known weight 
of the test material.
    (B) Test procedure. A material test must be conducted by weighing at 
least 400 kg of fish or an alternative material supplied by the scale 
manufacturer on the scale under test. The known weight of the test 
material must be determined by weighing it on a platform scale approved 
for use under paragraph (b)(7) of this section.
    (ii) Platform and hanging scales. (A) The MPE for platform and 
hanging scales is plus or minus 0.5 percent of the known weight of the 
test material.
    (B) Test weights. Each test weight must have its weight stamped on 
or otherwise permanently affixed to it. The weight of each test weight 
must be annually certified by a National Institute of Standards and 
Technology approved metrology laboratory or approved for continued use 
by the NMFS authorized inspector at the time of the annual scale 
inspection. The amount of test weights that must be provided by the 
vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and 
(b)(3)(ii)(B)(2) of this section.
    (1) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Any combination of test weights that 
will allow the scale to be tested at 10 kg, 25 kg, and 50 kg.
    (2) Scales used to weigh total catch. Test weights equal to the 
largest amount of fish that will be weighed on the scale in one 
weighment.
    (iii) Requirements for all scale tests. (A) Notify the observer at 
least 15 minutes before the time that the test will be conducted, and 
conduct the test while the observer is present.
    (B) Conduct the scale test by placing the test material or test 
weights on or across the scale and recording the following information 
on the at-sea scale test report form:
    (1) Vessel name;
    (2) Month, day, and year of test;
    (3) Time test started to the nearest minute;
    (4) Known weight of test material or test weights;
    (5) Weight of test material or test weights recorded by scale;
    (6) Percent error as determined by subtracting the known weight of 
the test material or test weights from the weight recorded on the scale, 
dividing that amount by the known weight of the test material or test 
weights, and multiplying by 100; and
    (7) Sea conditions at the time of the scale test.
    (C) Maintain the test report form on board the vessel until the end 
of the fishing year during which the tests were conducted, and make the 
report forms available to observers, NMFS personnel, or an authorized 
officer. In addition, the scale test report forms must be retained by 
the vessel owner for 3 years after the end of the fishing year during 
which the tests were performed. All scale test report forms must be 
signed by the vessel operator.
    (4) Scale maintenance. The vessel owner must ensure that the vessel 
operator maintains the scale in proper operating condition throughout 
its use; that adjustments made to the scale are made so as to bring the 
performance errors as close as practicable to a zero value; and that no 
adjustment is made that will cause the scale to weigh fish inaccurately.
    (5) Printed reports from the scale (not applicable to observer 
sampling scales). The vessel owner must ensure that the

[[Page 442]]

printed reports are provided as required by this paragraph. Printed 
reports from the scale must be maintained on board the vessel until the 
end of the year during which the reports were made and be made available 
to observers, NMFS personnel, or an authorized officer. In addition, 
printed reports must be retained by the vessel owner for 3 years after 
the end of the year during which the printouts were made.
    (i) Reports of catch weight and cumulative weight. Reports must be 
printed at least once every 24 hours when use of the scale is required. 
Reports must also be printed before any information stored in the scale 
computer memory is replaced. Scale weights must not be adjusted by the 
scale operator to account for the perceived weight of water, mud, 
debris, or other materials. Scale printouts must show:
    (A) The vessel name and Federal fisheries or processor permit 
number;
    (B) The haul or set number as recorded in the processor's DCPL (see 
Sec.  679.5);
    (C) The total weight of the haul or set;
    (D) The total cumulative weight of all fish or other material 
weighed on the scale.
    (ii) Printed report from the audit trail. The printed report must 
include the information specified in sections 2.3.1.8, 3.3.1.7, and 
4.3.1.8 of appendix A to this part. The printed report must be provided 
to the authorized scale inspector at each scale inspection and must also 
be printed at any time upon request of the observer, the scale 
inspector, NMFS staff, or an authorized officer.
    (6) Scale installation requirements. The scale display must be 
readable from where the observer collects unsorted catch.
    (7) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Platform scales used only as 
observer sampling scales or to determine the known weight of fish for a 
material test of another scale are required to meet all of the 
requirements of paragraph (b) of this section and appendix A to this 
part except sections 4.3.1 and 4.3.1.5 of appendix A to this part 
(printer) or section 4.3.1.8 (audit trail) of appendix A to this part.
    (c) Scales approved by the State of Alaska. Scale requirements in 
this paragraph are in addition to those requirements set forth by the 
State of Alaska, and nothing in this paragraph may be construed to 
reduce or supersede the authority of the State to regulate, test, or 
approve scales within the State of Alaska or its territorial sea. Scales 
used to weigh groundfish catch that are also required to be approved by 
the State of Alaska under Alaska Statute 45.75 must meet the following 
requirements:
    (1) Verification of approval. The scale must display a valid State 
of Alaska sticker indicating that the scale was inspected and approved 
within the previous 12 months.
    (2) Visibility. The owner and manager of the processor must ensure 
that the scale and scale display are visible simultaneously to the 
observer. Observers, NMFS personnel, or an authorized officer must be 
allowed to observe the weighing of fish on the scale and be allowed to 
read the scale display at all times.
    (3) Printed scale weights. (i) The owner and manager of the 
processor must ensure that printouts of the scale weight of each haul, 
set, or delivery are made available to observers, NMFS personnel, or an 
authorized officer at the time printouts are generated and thereafter 
upon request for the duration of the fishing year. The owner and manager 
must retain scale printouts as records as specified in Sec.  
679.5(a)(13).
    (ii) A scale identified in a CMCP (see paragraph (g) of this 
section) must produce a printed record for each delivery, or portion of 
a delivery, weighed on that scale. If approved by NMFS as part of the 
CMCP, scales not designed for automatic bulk weighing may be exempted 
from part or all of the printed record requirements. The printed record 
must include:
    (A) The processor name;
    (B) The weight of each load in the weighing cycle;
    (C) The total weight of fish in each delivery, or portion of the 
delivery that was weighed on that scale;
    (D) The total cumulative weight of all fish or other material 
weighed on the scale since the last annual inspection;

[[Page 443]]

    (E) The date and time the information is printed;
    (F) The name and ADF&G number of the vessel making the delivery. 
This information may be written on the scale printout in pen by the 
scale operator at the time of delivery.
    (4) Inseason scale testing. Scales identified in an approved CMCP 
(see paragraph (g) of this section) must be tested by plant personnel in 
accordance with the CMCP when testing is requested by NMFS-staff or 
NMFS-authorized personnel. Plant personnel must be given no less than 20 
minutes notice that a scale is to be tested and no testing may be 
requested if a scale test has been requested and the scale has been 
found to be accurate within the last 24 hours.
    (i) How does a scale pass an inseason test? To pass an inseason 
test, NMFS staff or NMFS-authorized personnel will verify that the scale 
display and printed information are clear and easily read under all 
conditions of normal operation, weight values are visible on the display 
until the value is printed, and the scale does not exceed the maximum 
permissible errors specified below:

------------------------------------------------------------------------
                                                Maximum Error in Scale
        Test Load in Scale Divisions                   Divisions
------------------------------------------------------------------------
(A) 0-500...................................  1
(B) 501-2,000...............................  2
(C) 2,001-4,000.............................  3
(D) 4,000........................  5
------------------------------------------------------------------------

    (ii) How much weight is required to do an inseason scale test? 
Scales must be tested with the amount and type of weight specified for 
each scale type in the following tables:
    (A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb),     Minimum
 whichever is greater
(2) Maximum                                 Maximum
------------------------------------------------------------------------

    (B) Automatic hopper  150 kg (300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb),     Minimum
 whichever is greater
(2) 25 percent of maximum or 150 kg (300    Maximum
 lb), whichever is greater.
------------------------------------------------------------------------

    (C) Platform or flatbed 0 to 150 kg (0 to 300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg (20 lb)                           Not Acceptable
(2) Midpoint                                Not Acceptable
(3) Maximum                                 Not Acceptable
------------------------------------------------------------------------

    (D) Platform or flatbead  150 kg (300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg (20 lb)                           Not Acceptable
(2) 12.5 percent of maximum or 75 kg (150   50 percent of maximum or 75
 lb), whichever is greater                   kg (150 lb), whichever is
                                             greater
(3) 25 percent of maximum or 150 kg (300    75 percent of maximum or 150
 lb), whichever is greater                   kg (300 lb), whichever is
                                             greater
------------------------------------------------------------------------

    (E) Observer sampling scale  50 kg capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg                                   Not Acceptable
(2) 25 kg                                   Not Acceptable
(3) 50 kg                                   Not Acceptable
------------------------------------------------------------------------

    (iii) Certified test weights. Each test weight used for inseason 
scale testing must have its weight stamped on or otherwise permanently 
affixed to it. The weight of each test weight must be certified by a 
National Institute of Standards and Technology approved metrology 
laboratory every 2 years. An observer platform scale must be provided 
with sufficient test weights to test the scale at 10 kg, 25 kg, and 50 
kg. All other scales identified in an approved CMCP must be provided 
with sufficient test weights to test the scale as described in this 
paragraph (c)(4) of this section. Test weights for observer platform 
scales must be denominated in kilograms. Test weights for other scales 
may be denominated in pounds.
    (iv) Other test material. When permitted in paragraph (c)(4)(ii) of 
this section, a scale may be tested with test material other than 
certified test weights. This material must be weighed on an accurate 
observer platform scale at the time of each use.

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    (v) Observer sampling scales. Platform scales used as observer 
sampling scales must:
    (A) Have a capacity of no less than 50 kg;
    (B) Have a division size of no less than 5 g;
    (C) Indicate weight in kilograms and decimal subdivisions; and
    (D) Be accurate within plus or minus 0.5 percent when tested at 10 
kg, 25 kg, and 50 kg by NMFS staff or a NMFS-certified observer.
    (d) Observer sampling station--(1) Accessibility. All of the 
equipment required for an observer sampling station must be available to 
the observer at all times while a sampling station is required and the 
observer is aboard the vessel, except that the observer sampling scale 
may be used by vessel personnel to conduct material tests of the scale 
used to weigh total catch under paragraph (b)(3) of this section, as 
long as the use of the observer's sampling scale by others does not 
interfere with the observer's sampling duties.
    (2) Location--(i) Motherships and catcher/processors or catcher 
vessels using trawl gear. The observer sampling station must be located 
within 4 m of the location from which the observer collects unsorted 
catch. Clear, unobstructed passage must be provided between the observer 
sampling station and the location where the observer collects unsorted 
catch. When standing where unsorted catch is sampled, the observer must 
be able to see that no fish have been removed between the bin and the 
scale used to weigh total catch.
    (ii) Vessels using nontrawl gear. The observer sampling station must 
be located within 5 m of the collection area, described at Sec.  
679.28(d)(7)(ii)(B), unless any location within this distance is unsafe 
for the observer. Clear, unobstructed passage must be provided between 
the observer sampling station and the collection area. Access must be 
provided to the tally station, described at Sec.  679.28(d)(7)(ii)(A). 
NMFS may approve an alternative location if the vessel owner submits a 
written proposal describing the alternative location and the reasons why 
a location within 5 m of where fish are brought on board the vessel is 
unsafe, and the proposed observer sampling station meets all other 
applicable requirements of this section.
    (iii) What is clear, unobstructed passage? Where clear and 
unobstructed passage is required, passageways must be at least 65 cm 
wide at their narrowest point, be free of tripping hazards, and be at 
least 1.8 m high. Doorways or companionways must be free of obstacles.
    (3) Minimum work space. The observer must have a working area for 
sampling of at least 4.5 square meters. This working area includes the 
observer's sampling table. The observer must be able to stand upright 
and have a work area at least 0.9 m deep in the area in front of the 
table and scale.
    (4) Table. The observer sampling station must include a table at 
least 0.6 m deep, 1.2 m wide and 0.9 m high and no more than 1.1 m high. 
The entire surface area of the table must be available for use by the 
observer. Any area used for the observer sampling scale is in addition 
to the minimum space requirements for the table. The observer's sampling 
table must be secured to the floor or wall.
    (5) Observer sampling scale. The observer sampling station must 
include a NMFS-approved platform scale with a capacity of at least 50 kg 
located within 1 m of the observer's sampling table. The scale must be 
mounted so that the weighing surface is no more than 0.7 m above the 
floor. The scale must be approved by NMFS under paragraph (b) of this 
section and must meet the maximum permissible error requirement 
specified in paragraph (b)(3)(ii)(A) of this section when tested by the 
observer.
    (6) Other requirements. The sampling station must include flooring 
that prevents slipping and drains well (grating or other material where 
appropriate), adequate lighting, and a hose that supplies fresh or sea 
water to the observer.
    (7) Requirements for sampling catch--(i) Motherships and catcher/
processors using trawl gear. The conveyor belt conveying unsorted catch 
must have a removable board to allow fish to be diverted from the belt 
directly into the observer's sampling baskets. The diverter board must 
be located downstream of the scale used to weigh total catch so that the 
observer can use this scale to weigh

[[Page 445]]

large samples. At least 1 m of accessible belt space, located downstream 
of the scale used to weigh total catch, must be available for the 
observer's use when sampling a haul.
    (ii) Catcher/processors using non-trawl gear. In addition to the 
sampling station, vessels using non-trawl gear must provide: (A) Tally 
station. A place where the observer can see the gear as it leaves the 
water and can count and identify fish. It must be within 5 m of where 
fish are brought aboard the vessel and in a location where the observer 
is not in danger of falling overboard or being injured during gear 
retrieval. Where exposed to wind or seas, it must be equipped with a 
railing at least 1.0 m high, grating or other non-slip material, and 
adequate lighting.
    (B) Collection area. A collection area is a place where the 
observer, or vessel crew under the observer's guidance, collects fish as 
they come off the line or are removed from pots. It must be located 
where the observer can see the gear when it leaves the water. Where 
exposed to wind or seas, it must be equipped with a railing at least 1.0 
m high and grating or other non-slip material.
    (8) Inspection of the observer sampling station. Each observer 
sampling station must be inspected and approved by NMFS prior to its use 
for the first time and then one time each year within 12 months of the 
date of the most recent inspection with the following exceptions: If the 
observer sampling station is moved or if the space or equipment 
available to the observer is reduced or removed when use of the observer 
sampling station is required, the observer sampling station inspection 
report issued under this section is no longer valid, and the observer 
sampling station must be reinspected and approved by NMFS. Inspection of 
the observer sampling station is in addition to inspection of the at-sea 
scales by an authorized scale inspector required at paragraph (b)(2) of 
this section.
    (i) How does a vessel owner arrange for an ovserver sampling station 
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:
    (A) Name and signature of the person submitting the application, and 
the date of the application.
    (B) Street address, business address, telephone number, and fax 
number of the person submitting the application.
    (C) Whether the vessel or processor has received an observer 
sampling scale inspection before and, if so, the date of the most recent 
inspection report.
    (D) Vessel name.
    (E) Federal fishery permit number.
    (F) Location of vessel where sampling station inspection is 
requested to occur, including street address and city.
    (G) For catcher/processors using trawl gear and motherships, a 
diagram drawn to scale showing the location(s) where all catch will be 
weighed, the location where observers will sample unsorted catch, and 
the location of the observer sampling station as described at paragraph 
(d) of this section.
    (H) For all other vessels, a diagram drawn to scale showing the 
location(s) where catch comes on board the vessel, the location where 
observers will sample unsorted catch, the location of the observer 
sampling station, including the observer sampling scale, and the name of 
the manufacturer and model of the observer sampling scale.
    (I) For all vessels, a copy of the most recent scale inspection 
report issued under paragraph (b)(2) of this section.
    (ii) Where will observer sampling station inspections be conducted? 
Inspections will be conducted on vessels tied up at docks in Dutch 
Harbor, Alaska, and in the Puget Sound area of Washington State.
    (iii) Observer sampling station inspection report. An observer 
sampling station inspection report, valid for 12 months from the date it 
is signed by NMFS, will be issued to the vessel owner if the observer 
sampling station meets the requirements in this paragraph (d). The 
vessel owner must maintain a current observer sampling station 
inspection report on board the vessel at all times when the vessel is 
required to provide an observer sampling station approved for use under 
this

[[Page 446]]

paragraph (d). The observer sampling station inspection report must be 
made available to the observer, NMFS personnel, or to an authorized 
officer upon request.
    (e) Certified bins for volumetric estimates of catch weight--(1) 
Certification. The information required in this paragraph (e) must be 
prepared, dated, and signed by a licensed engineer with no financial 
interest in fishing, fish processing, or fish tendering vessels. 
Complete bin certification documents must be submitted to the Regional 
Administrator prior to harvesting or receiving groundfish from a fishery 
in which certified bins are required and must be on board the vessel and 
available to the observer at all times.
    (2) Specifications--(i) Measurement and marking. The volume of each 
bin must be determined by accurate measurement of the internal 
dimensions of the bin. The internal walls of the bin must be permanently 
marked and numbered in 10-cm increments indicating the level of fish in 
the bin in cm. All marked increments and numerals must be readable from 
the outside of the bin through a viewing port or hatch at all times. 
Marked increments are not required on the wall in which the viewing port 
is located, unless such increments are necessary to determine the level 
of fish in the bin from another viewing port. Bins must be lighted in a 
manner that allows marked increments to be read from the outside of the 
bin by an observer or authorized officer. For bin certification 
documents dated after July 6, 1998, the numerals at the 10-cm increment 
marks must be at least 4 cm high.
    (ii) Viewing ports. Each bin must have a viewing port or ports from 
which the internal bin markings and numerals on all walls of the bin can 
be seen from the outside of the bin, except that bin markings and 
numerals are not required on the wall in which the viewing port is 
placed, if that wall cannot be seen from any other viewing port in the 
bin.
    (3) Information required. For bin certification documents submitted 
after July 6, 1998, the person certifying the bins must provide:
    (i) The vessel name;
    (ii) The date the engineer measured the bins and witnessed the 
location of the marked increments and numerals;
    (iii) A diagram, to scale, of each bin showing the location of the 
marked increments on each internal wall of the bin, the location, and 
dimensions of each viewing port or hatch, and any additional information 
needed to estimate the volume of fish in the bin;
    (iv) Tables indicating the volume of each certified bin in cubic 
meters for each 10-cm increment marked on the sides of the bins;
    (v) Instructions for determining the volume of fish in each bin from 
the marked increments and table; and
    (vi) The person's name and signature and the date on which the 
completed bin certification documents were signed.
    (4) Recertification. The bin's volume and the marked and numbered 
increments must be recertified if the bin is modified in a way that 
changes its size or shape or if marking strips or marked increments are 
moved or added.
    (5) Operational requirements--(i) Placement of catch in certified 
bins. All catch must be placed in a bin certified under this paragraph 
(e) to estimate total catch weight prior to sorting. Refrigerated 
seawater tanks may be used for volumetric estimates only if the tanks 
comply with all other requirements of this paragraph (e). No adjustments 
of volume will be made for the presence of water in the bin or tank.
    (ii) Prior notification. Vessel operators must notify observers 
prior to any removal of fish from or addition of fish to each bin used 
for volumetric measurements of catch so that an observer may make bin 
volume estimates prior to fish being removed from or added to the bin. 
Once a volumetric estimate has been made, additional fish may not be 
added to the bin until at least half the original volume has been 
removed. Fish may not be removed from or added to a bin used for 
volumetric estimates of catch weight until an observer indicates that 
bin volume estimates have been completed and any samples of catch 
required by the observer have been taken.

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    (iii) Fish from separate hauls or deliveries from separate 
harvesting vessels may not be mixed in any bin used for volumetric 
measurements of catch.
    (iv) The bins must not be filled in a manner that obstructs the 
viewing ports or prevents the observer from seeing the level of fish 
throughout the bin.
    (f) Vessel Monitoring System (VMS) Requirements--(1) What is a VMS? 
A VMS consists of a NMFS-approved VMS transmitter that automatically 
determines the vessels position and transmits it to a NMFS-approved 
communications service provider. The communications service provider 
receives the transmission and relays it to NMFS.
    (2) How are VMS transmitters and communications service providers 
approved by NMFS? (i) NMFS publishes type approval specifications for 
VMS components in the Federal Register.
    (ii) Transmitter manufacturers or communication service providers 
may submit products or services to NMFS for evaluation based on the 
published specifications.
    (iii) NMFS will publish a list of NMFS-approved transmitters and 
communication service providers in the Federal Register. As necessary, 
NMFS will publish amendments to the list of approved components in the 
Federal Register.
    (3) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in a VMS, you or your crew must:
    (i) Obtain a NMFS-approved VMS transmitter and have it installed 
onboard your vessel in accordance with the instructions provided by 
NMFS. You may get a copy of the VMS installation and operation 
instructions from the Regional Administrator upon request.
    (ii) Activate the VMS transmitter and receive confirmation from NMFS 
that the VMS transmissions are being received before engaging in 
operations when a VMS is required.
    (iii) Continue the VMS transmissions until no longer engaged in 
operations requiring VMS.
    (iv) Stop fishing immediately if:
    (A) Informed by NMFS staff or an authorized officer that NMFS is not 
receiving position reports from the VMS transmitter, or
    (B) The vessel operator determines that the VMS is not transmitting 
properly.
    (v) Make the VMS transmitter available for inspection by NMFS 
personnel, observers or an authorized officer.
    (vi) Ensure that the VMS transmitter is not tampered with, disabled, 
destroyed or operated improperly.
    (vii) Pay all charges levied by the communication service provider.
    (4) What must the vessel owner do before activating a VMS 
transmitter for the first time? If you are a vessel owner who must use a 
VMS and you are activating a VMS transmitter for the first time, you 
must:
    (i) Contact the OLE by Facsimile (907-586-7703) and provide: the VMS 
transmitter ID, the vessel name, the Federal Fisheries Permit number or 
Federal crab vessel permit number.
    (ii) Call NMFS enforcement at 907-586-7225, Monday through Friday, 
between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at 
least 72 hours before leaving port and receive confirmation that the 
transmissions are being received.
    (5) What must the vessel owner do when the vessel replaces a VMS 
transmitter? If you are a vessel owner who must use a VMS and you wish 
to replace a transmitter, you must either:
    (i) Have followed the reporting and confirmation procedure for the 
replacement transmitter, as described above in paragraph (f)(4) of this 
section, or
    (ii) Contact the NMFS Enforcement Division by phone or FAX and 
provide: the replacement VMS transmitter ID, the vessel name and the 
vessel's Federal Fisheries Permit Number and receive confirmation that 
the transmissions are being received before beginning operations.
    (6) When must the VMS transmitter be transmitting? Your vessel's 
transmitter must be transmitting if:
    (i) You operate a vessel in any reporting area (see definitions at 
Sec.  679.2) off Alaska while in any fishery requiring VMS, for which 
the vessel has a species and gear endorsement on its Federal fisheries 
permit under Sec.  679.4(b)(5)(vi), is open;

[[Page 448]]

    (ii) You operate a federally permitted vessel in the Aleutian 
Islands subarea; or
    (iii) You operate a federally permitted vessel in the GOA and have 
mobile bottom contact gear on board.
    (g) Catch monitoring and control plan requirements (CMCP) (Effective 
June 1, 2003)--(1) What is a CMCP? A CMCP is a plan submitted by the 
owner and manager of a processing plant, and approved by NMFS, detailing 
how the processing plant will meet the catch monitoring and control 
standards detailed in paragraph (g)(7) of this section.
    (2) Who is required to prepare and submit a CMCP for approval? The 
owner and manager of an AFA inshore processor or the owner and manager 
of a shoreside or stationary floating processor processing pollock 
harvested in the AI directed pollock fishery are required to prepare and 
submit a CMCP which must be approved by NMFS prior to the receipt of 
pollock harvested in the BSAI directed pollock fisheries.
    (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it 
meets all the requirements specified in paragraph (g)(7) of this 
section. The processor must be inspected by NMFS prior to approval of 
the CMCP to ensure that the processor conforms to the elements addressed 
in the CMCP. NMFS will complete its review of the CMCP within 14 working 
days of receiving a complete CMCP and conducting a CMCP inspection. If 
NMFS disapproves a CMCP, the plant owner or manager may resubmit a 
revised CMCP or file an administrative appeal as set forth under the 
administrative appeals procedures described at Sec.  679.43.
    (4) How is a CMCP inspection arranged? The time and place of a CMCP 
inspection may be arranged by submitting a written request for an 
inspection to NMFS, Alaska Region. NMFS will schedule an inspection 
within 10 working days after NMFS receives a complete application for an 
inspection. The inspection request must include:
    (i) Name and signature of the person submitting the application and 
the date of the application;
    (ii) Address, telephone number, fax number, and email address (if 
available) of the person submitting the application;
    (iii) A proposed CMCP detailing how the processor will meet each of 
the performance standards in paragraph (g)(7) of this section.
    (5) For how long is a CMCP approved? NMFS will approve a CMCP for 1 
year if it meets the performance standards specified in paragraph (e)(2) 
of this section. An owner or manager must notify NMFS in writing if 
changes are made in plant operations or layout that do not conform to 
the CMCP.
    (6) How do I make changes to my CMCP? An owner and manager may 
change an approved CMCP by submitting a CMCP addendum to NMFS. NMFS will 
approve the modified CMCP if it continues to meet the performance 
standards specified in paragraph (e)(2) of this section. Depending on 
the nature and magnitude of the change requested, NMFS may require a 
CMCP inspection as described in paragraph (g)(3) of this section. A CMCP 
addendum must contain:
    (i) Name and signature of the person submitting the addendum;
    (ii) Address, telephone number, fax number and email address (if 
available) of the person submitting the addendum;
    (iii) A complete description of the proposed CMCP change.
    (7) Catch monitoring and control standards--(i) Catch sorting and 
weighing requirements. All groundfish delivered to the plant must be 
sorted and weighed by species. The CMCP must detail the amount and 
location of space for sorting catch, the number of staff assigned to 
catch sorting and the maximum rate that catch will flow through the 
sorting area.
    (ii) Scales used for weighing groundfish. The CMCP must identify by 
serial number each scale used to weigh groundfish and describe the 
rational for its use.
    (iii) Scale testing procedures. Scales identified in the CMCP must 
be accurate within the limits specified in paragraph (c)(4)(i) of this 
section. For each scale identified in the CMCP a testing plan must be 
developed that:
    (A) Describes the procedure the plant will use to test the scale;

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    (B) Lists the test weights and equipment required to test the scale;
    (C) Lists where the test weights and equipment will be stored; and
    (D) Lists the plant personnel responsible for conducting the scale 
testing.
    (iv) Printed record. The owner and manager must ensure that the 
scale produces a complete and accurate printed record of the weight of 
each species in a delivery. All of the groundfish in a delivery must be 
weighed on a scale capable of producing a complete printed record as 
described in paragraph (c)(3) of this section. However, NMFS may exempt 
scales not designed for automatic bulk weighing from some or all of the 
printed record requirements if the CMCP identifies any scale that cannot 
produce a complete printed record, states how the processor will use the 
scale, and states how the plant intends to produce a complete record of 
the total weight of each delivery.
    (v) Delivery point. Each CMCP must identify a single delivery point. 
The delivery point is the first location where fish removed from a 
delivering catcher vessel can be sorted or diverted to more than one 
location. If the catch is pumped from the hold of a catcher vessel or a 
codend, the delivery point normally will be the location where the pump 
first discharges the catch. If catch is removed from a vessel by 
brailing, the delivery point normally will be the bin or belt where the 
brailer discharges the catch.
    (vi) Observation area. Each CMCP must designate an observation area. 
The observation area is a location designated on the CMCP where an 
individual may monitor the flow of fish during a delivery. The owner and 
manager must ensure that the observation area meets the following 
standards:
    (A) Access to the observation area. The observation area must be 
freely accessible to NMFS staff or NMFS-authorized personnel at any time 
a valid CMCP is required.
    (B) Monitoring the flow of fish. From the observation area, an 
individual must have an unobstructed view or otherwise be able to 
monitor the entire flow of fish between the delivery point and a 
location where all sorting has taken place and each species has been 
weighed.
    (vii) Observer work station. Each CMCP must identify and include an 
observer work station for the exclusive use of NMFS-certified observers. 
Unless otherwise approved by NMFS, the work station must meet the 
following criteria:
    (A) Location of observer work station. The observer work station 
must be located in an area protected from the weather where the observer 
has access to unsorted catch.
    (B) Platform scale. The observer work station must include a 
platform scale as described in paragraph (c)(4) of this section;
    (C) Proximity to observer work station. The observer area must be 
located near the observer work station. The plant liaison must be able 
to walk between the work station and the observation area in less than 
20 seconds without encountering safety hazards.
    (D) Workspace. The observer work station must include: A working 
area of at least 4.5 square meters, a table as specified in paragraph 
(d)(4) of this section, and meet the other requirements as specified in 
paragraph (d)(6) of this section.
    (E) Lockable cabinet. The observer work station must include a 
secure and lockable cabinet or locker of at least 0.5 cubic meters.
    (viii) Communication with observer. The CMCP must describe what 
communication equipment such as radios, pagers or cellular phones, is 
used to facilitate communications within the plant. The plant owner must 
ensure that the plant manager provides the NMFS-certified observer with 
the same communications equipment used by plant staff.
    (ix) Plant liaison. The CMCP must designate a plant liaison. The 
plant liaison is responsible for:
    (A) Orienting new observers to the plant;
    (B) Assisting in the resolution of observer concerns; and
    (C) Informing NMFS if changes must be made to the CMCP.
    (x) Scale drawing of plant. The CMCP must be accompanied by a scale 
drawing of the plant showing:
    (A) The delivery point;

[[Page 450]]

    (B) The observation area;
    (C) The observer work station;
    (D) The location of each scale used to weigh catch; and
    (E) Each location where catch is sorted.

[63 FR 5843, Feb. 4, 1998, as amended at 63 FR 30401, June 4, 1998; 65 
FR 61982, Nov. 15, 1999; 65 FR 33782, May 25, 2000; 65 FR 61267, Oct. 
17, 2000; 67 FR 79731, Dec. 30, 2002; 68 FR 215, Jan. 2, 2003; 70 FR 
9867, Mar. 1, 2005; 70 FR 10238, Mar. 2, 2005; 71 FR 20349, Apr. 20, 
2006; 71 FR 36703, June 28, 2006]