Economic data report (EDR) for the Amendment 80 sector.
(a) Amendment 80 EDR—(1) Requirement to submit an EDR. Each year except 2008, a person who held an Amendment 80 QS permit during a calendar year must submit to NMFS an EDR for that calendar year for each Amendment 80 QS permit held by that person. An EDR must be timely and complete.
(2) Submission of EDR. An EDR may only be submitted to NMFS using any one of the following methods:
(i) Mail: NMFS, Alaska Fisheries Science Center, Economic Data Reports, 7600 Sand Point Way NE, F/AKC2, Seattle, WA 98115; or
(ii) Fax: 206-526-6723
(3) EDR forms. EDR forms are available through the Internet on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, or by contacting NMFS at 206-526-6414.
(4) Deadline. For each calendar year except 2008, a completed EDR must be received by NMFS no later than 1700 hours A.l.t. on June 1 of the year following the calendar year during which the Amendment 80 QS permit was held, or if sent by U.S. mail, postmarked by that date.
(5) Contents of EDR. An EDR must contain completed submissions for each data field required under paragraphs (b) and (c) of this section, as applicable, and the following information:
(i) Calendar year of EDR. Calendar year for which the EDR is being submitted;
(ii) Amendment 80 QS holder information. Name of company, partnership, other business entity, business telephone number, business fax number, e-mail address (if available) and Amendment 80 QS permits held;
(iii) Designated representative. An Amendment 80 QS holder must appoint an individual to be his designated representative and must ensure that the designated representative complies with the regulations in this section. The designated representative is the primary contact person for NMFS on issues relating to data required in the EDR. If an individual Amendment 80 QS holder chooses to complete the EDR, then they are the designated representative;
(iv) Person completing this report.(A) Indicate whether the person completing this report is the Amendment 80 QS holder, or the designated representative for the Amendment 80 QS holder;
(B) Record the name of the person completing the report, title, business telephone number, fax number, signature of the person submitting the EDR, and e-mail address (if available). If a designated representative is not the Amendment 80 QS holder, written authorization to act on behalf of the Amendment 80 QS holder must accompany the EDR;
(v) Amendment 80 QS holders who own Amendment 80 vessels. An Amendment 80 QS holder who is an Amendment 80 vessel owner must submit, or have his designated representative submit, revenue and cost information for each Amendment 80 QS permit held and each Amendment 80 vessel owned by that Amendment 80 QS holder as described under paragraphs (b) and (c) of this section;
(vi) Amendment 80 QS holders who do not own Amendment 80 vessels. An Amendment 80 QS holder who is not an Amendment 80 vessel owner must submit, or have his designated representative submit, revenue and cost information for each Amendment 80 QS permit held by that Amendment 80 QS holder as described under paragraph (c) of this section; and
(vii) Certification. The Amendment 80 QS holder and his designated representative, if applicable, must certify that all information provided under paragraphs (b) and (c) of this section is accurate and complete.
(b) Amendment 80 vessel information—(1) Ownership of an Amendment 80 vessel. If a person owned any part of an Amendment 80 vessel during a calendar year, that person must provide the following information for each Amendment 80 vessel owned:
(i) Amendment 80 vessel owner information. Vessel name, USCG Documentation number, ADF&G vessel registration number, ADF&G processor code, Amendment 80 LLP license number(s) which designated that vessel during that calendar year, Amendment 80 QS permit assigned to that vessel during that calendar year, Amendment 80 limited access fishery permit number assigned to that vessel during that calendar year, or name of Amendment 80 cooperative to which that Amendment 80 vessel was assigned during that calendar year (if applicable);
(ii) Amendment 80 vessel operator information. If a person other than the Amendment 80 QS holder operated an Amendment 80 vessel owned by that Amendment 80 QS holder during a calendar year, provide the following: Name of company, partnership, other business entity, and business telephone number, business fax number, and e-mail address (if available);
(2) Vessel characteristics.(i) Home port, U.S. gross registered tonnage, net tonnage, length overall, beam, shaft horsepower, fuel capacity, year built;
(ii) Vessel survey value: most recent survey value, date of last survey value, did survey reflect value of permits and processing equipment;
(iii) Freezing capacity: maximum freezing capacity of this vessel in pounds per hour and freezer space (measured in pounds of product);
(iv) Fuel consumption: total consumption for the calendar year and average fuel consumed per hour from fishing and processing, transiting, and in shipyard.
(v) Vessel activity during calendar year: number of days the vessel was engaged in fishing, processing, steaming empty, offloading, and inactive or in shipyard. Report separately for Amendment 80 fisheries and all other fisheries; and
(vi) Processing capacity: Record each type of product processed on the line in the Amendment 80 fishery, the number of processing lines of similar type (equipment and/or product mix), and the vessel's maximum average throughput in pounds (round weight) per hour under normal operating conditions (assuming quantity of raw fish and other inputs is not limiting), totaled over all processing lines of this type.
(3) Calendar year revenues.
(i) Total fishery product sales volume and FOB Alaska revenue; and
(ii) All other income derived from vessel operations: tendering, charters, cargo transport, etc.
(4) Calendar year costs.(i) Fishing labor expenses (including bonuses and payroll taxes, but excluding benefits and insurance);
(ii) Processing labor expenses (including bonuses and payroll taxes, but excluding benefits and insurance);
(iii) Labor expenses for all other employees aboard the vessel;
(iv) Food and provisions not paid by crew;
(v) Recruitment, travel, benefits, and other employee related costs;
(vi) Lease expense for this vessel and onboard equipment;
(vii) Purchases of fishing gear (nets, net electronics, doors, cables, etc.);
(viii) Expenditures on processing equipment;
(ix) Product storage equipment;
(x) Expenditures on vessel and onboard equipment (other than fishing, processing, or storage equipment);
(xi) Fishing gear leases;
(xii) Repair and maintenance expenses for vessel and processing equipment;
(xiii) Freight storage and other sales costs;
(xiv) Product packaging materials;
(xv) Fuel and lubrication;
(xvi) Observer fees and monitoring costs;
(xvii) General administrative costs;
(xix) Fisheries landing taxes;
(xx) Total raw fish purchases; and
(xxi) All other costs related to vessel operations not included in the preceding list.
(5) Calendar year labor. Average number and total number of employees for fishing, processing, and other activities on this vessel.
(i) Average number of hours worked per day by processing line employee; and
(ii) Crew revenue share system used for some processing, all processing, some non-processing, and all non-processing crew.
(c) Permit revenues or expenditures. An Amendment 80 QS holder or his designated representative will record revenues and expenditures for any tradable fishing or processing privilege. Attribute those revenues or costs to a specific Amendment 80 vessel or Amendment 80 LLP as applicable.
(1) Permit revenues.(i) Income from sale or lease of fishery licenses, permits, harvesting or processing rights: record license or permit number and revenue for each asset sold; and
(ii) Royalties received from leasing allocations including metric tons and dollars for Amendment 80 yellowfin sole, rock sole, flathead sole, Atka mackerel, Pacific ocean perch, Pacific cod, Amendment 80 leased halibut PSC, leased crab PSC, and any other species leased.
(2) Permit expenditures.(i) Fishery licenses, permits, harvesting or processing rights: record license or permit number and cost for each asset purchased;
(ii) Royalties paid for leases of catcher/processing quota, including metric tons, and dollars for Amendment 80 yellowfin sole, rock sole, flathead sole, Atka mackerel, Pacific ocean perch, Pacific cod, Amendment 80 leased halibut PSC, leased king crab PSC, and any other species leased;
(iii) Cooperative costs including lawyer and accountant costs, association fees, and other fees charged by harvest cooperative; and
(iv) Any other costs incurred from the use of fishery licenses, permits, harvesting or processing rights not included in the preceding list.
(d) EDR audit procedures.(1) NMFS will conduct verification of information with the Amendment 80 QS holder or designated representative, if applicable.
(2) The Amendment 80 QS holder or designated representative, if applicable, must respond to inquiries by NMFS within 20 days of the date of issuance of the inquiry.
(3) The Amendment 80 QS holder or designated representative, if applicable, must provide copies of additional data to facilitate verification by NMFS. The NMFS auditor may review and request copies of additional data provided by the Amendment 80 QS holder or designated representative, including but not limited to, previously audited or reviewed financial statements, worksheets, tax returns, invoices, receipts, and other original documents substantiating the data submitted.
[72 FR 52726, Sept. 14, 2007, as amended at 76 FR 40633, July 11, 2011]
Title 50 published on 2012-10-01
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