Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 660  /  Sec. 660.114 Trawl fishery--economic data collection program.

(a) General. The economic data collection (EDC) program collects mandatory economic data from participants in the trawl rationalization program. NMFS requires submission of an EDC form to gather ongoing, annual data for 2011 and beyond, as well as a onetime collection in 2011 of baseline economic data from 2009 through 2010.

(b) Economic data collection program requirements. The following fishery participants in the limited entry groundfish trawl fisheries are required to comply with the following EDC program requirements: ----------------------------------------------------------------------------------------------------------------

Consequence for failure to submit

(In addition to consequences

Fishery participant Economic data Who is required to listed below, failure to submit an

collection submit an EDC? EDC may be a violation of the

(1) Limited entry trawl catcher (i) Baseline (2009 All owners, (A) For permit owner, a limited

(A) For permit owner, a limited

vessels. and 2010) economic lessees, and entry trawl permit application

data. charterers of a (including MS/CV-endorsed limited

catcher vessel entry trawl permit) will not be

registered to a considered complete until the

limited entry required EDC for that permit

trawl endorsed owner associated with that permit

permit at any time is submitted, as specified at

in 2009 or 2010. Sec. 660.25(b)(4)(i).

(B) For a vessel owner,

participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration, vessel account

actions, or if own QS permit,

issuance of annual QP or IBQ

pounds) will not be authorized

until the required EDC for that

owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v) and

Sec. 660.140(e).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery (including,

but not limited to, issuance of

annual QP or IBQ pounds if own QS

or IBQ) will not be authorized,

until the required EDC for their

operation of that vessel is

submitted.

(ii) Annual/ongoing All owners, (A) For permit owner, a limited

(2011 and beyond) lessees, and entry trawl permit application

economic data. charterers of a (including MS/CV-endorsed limited

catcher vessel entry trawl permit) will not be

registered to a considered complete until the

limited entry required EDC for that permit

trawl endorsed owner associated with that permit

permit at any time is submitted, as specified at

in 2011 and beyond. Sec. 660.25(b)(4)(i).

(B) For a vessel owner,

participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration, vessel account

actions, or if own QS permit,

issuance of annual QP or IBQ

pounds) will not be authorized

until the required EDC for that

owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v) and

Sec. 660.140(e).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery (including,

but not limited to, issuance of

annual QP or IBQ pounds if own QS

or IBQ) will not be authorized,

until the required EDC for their

operation of that vessel is

(i) Baseline (2009 All owners, (A) For permit owner, an MS permit

(A) For permit owner, an MS permit

and 2010) economic lessees, and application will not be

data. charterers of a considered complete until the

mothership vessel required EDC for that permit

that received owner associated with that permit

whiting in 2009 or is submitted, as specified at

2010 as recorded Sec. 660.25(b)(4)(i).

in NMFS' NORPAC (B) For a vessel owner,

database. participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration) will not be

authorized until the required EDC

for that owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery will not be

authorized, until the required

EDC for their operation of that

vessel is submitted.

(ii) Annual/ongoing All owners, (A) For permit owner, an MS permit

(2011 and beyond) lessees, and application will not be

economic data. charterers of a considered complete until the

mothership vessel required EDC for that permit

registered to an owner associated with that permit

MS permit at any is submitted, as specified at

time in 2011 and Sec. 660.25(b)(4)(i).

beyond. (B) For a vessel owner,

participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration) will not be

authorized until the required EDC

for that owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery will not be

authorized, until the required

EDC for their operation of that

(i) Baseline (2009 All owners, (A) For permit owner, a C/P-

(A) For permit owner, a C/P-

and 2010) economic lessees, and endorsed limited entry trawl

data. charterers of a permit application will not be

catcher processor considered complete until the

vessel that required EDC for that permit

harvested whiting owner associated with that permit

in 2009 or 2010 as is submitted, as specified at

recorded in NMFS' Sec. 660.25(b)(4)(i).

NORPAC database. (B) For a vessel owner,

participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration) will not be

authorized until the required EDC

for that owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery will not be

authorized, until the required

EDC for their operation of that

vessel is submitted.

(ii) Annual/ongoing All owners, (A) For permit owner, a C/P-

(2011 and beyond) lessees, and endorsed limited entry trawl

economic data. charterers of a permit application will not be

catcher processor considered complete until the

vessel registered required EDC for that permit

to a C/P-endorsed owner associated with that permit

limited entry is submitted, as specified at

trawl permit at Sec. 660.25(b)(4)(i).

any time in 2011 (B) For a vessel owner,

and beyond. participation in the groundfish

fishery (including, but not

limited to, changes in vessel

registration) will not be

authorized until the required EDC

for that owner for that vessel is

submitted, as specified, in part,

at Sec. 660.25(b)(4)(v).

(C) For a vessel lessee or

charterer, participation in the

groundfish fishery will not be

authorized, until the required

EDC for their operation of that

vessel is submitted.(4) First receivers/shorebased (i) Baseline (2009 All owners and A first receiver site license

processors. and 2010) economic lessees of a application for a particular

data. shorebased physical location for processing

processor and all and buying will not be considered

buyers that complete until the required EDC

received for the applying processor or

groundfish or buyer is submitted, as specified

whiting harvested at Sec. 660.140(f)(3).

with a limited

entry trawl permit

as listed in the

PacFIN database in

2009 or 2010.

(ii) Annual/ongoing (A) All owners of a A first receiver site license

(2011 and beyond) first receiver application will not be

economic data. site license in considered complete until the

2011 and beyond. required EDC for that license

owner associated with that

license is submitted, as

specified at Sec.

660.140(f)(3). See paragraph

(b)(4)(ii)(A) of this table.

(4)(ii)(A) of this table.

(ii)(A) of this table.

(A) of this table.

(B) All owners and ..................................

lessees of a

shorebased

processor (as

defined under

``processor'' at

Sec. 660.11, for

purposes of EDC)

that received

round or headed-

and-gutted IFQ

species groundfish

or whiting from a

first receiver in

2011 and beyond.----------------------------------------------------------------------------------------------------------------

(c) Submission of the EDC form and deadline--(1) Submission of the EDC form. The complete, certified EDC form must be submitted to ATTN: Economic Data Collection Program (FRAM Division), NMFS, Northwest Fisheries Science Center, 2725 Montlake Boulevard East, Seattle, WA 98112. A complete EDC form contains responses for all data fields, which include but are not limited to costs, labor, earnings, activity in a fishery, vessel or plant characteristics, value, quota, operational information, location of expenditures and earnings, ownership information and leasing information.

(1) Submission of the EDC form. The complete, certified EDC form must be submitted to ATTN: Economic Data Collection Program (FRAM Division), NMFS, Northwest Fisheries Science Center, 2725 Montlake Boulevard East, Seattle, WA 98112. A complete EDC form contains responses for all data fields, which include but are not limited to costs, labor, earnings, activity in a fishery, vessel or plant characteristics, value, quota, operational information, location of expenditures and earnings, ownership information and leasing information.

(2) Deadline. Complete, certified EDC forms must be mailed and postmarked by or hand-delivered to NMFS NWFSC no later than September 1, 2011, for baseline data, and, for the annual/ongoing data collection beginning September 1, 2012, September 1 each year for the prior year's data.

(d) Confidentiality of information. Information received on an EDC form will be considered confidential under applicable law and guidance.

(e) EDC audit procedures--(1) NMFS reserves the right to conduct verification of economic data with the submitter of the form. NMFS may employ a third party agent to conduct the audits.

(1) NMFS reserves the right to conduct verification of economic data with the submitter of the form. NMFS may employ a third party agent to conduct the audits.

(2) The submitter of the EDC form must respond to any inquiry by NMFS or a NMFS agent within 20 days of the date of issuance of the inquiry, unless an extension is granted by NMFS.

(3) The submitter of the form must provide copies of additional data to facilitate verification by NMFS or NMFS' agent upon request. The NMFS auditor may review and request copies of additional data provided by the submitter, including but not limited to, previously audited or reviewed financial statements, worksheets, tax returns, invoices, receipts, and other original documents substantiating the economic data submitted. [75 FR 78387, Dec. 15, 2010, as amended at 77 FR 55155, Sept. 7, 2012]