Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota Program, Rockfish Program, Amendment 80 Program; Bering Sea and Aleutian Islands Area Crab Rationalization Program, 51515-51521 [E9-24217]

Download as PDF Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51515 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration the Regional Administrator is establishing a directed fishing allowance of 13,900 mt, and is setting aside the remaining 198 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 50 CFR Part 679 Classification [Docket No. 09100091344–9056–02] This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 620 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 1, 2009. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801, et seq. Dated: October 1, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–24170 Filed 10–7–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE RIN 0648–XS06 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. erowe on DSK5CLS3C1PROD with RULES SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 4, 2009, through 2400 hrs, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2009 TAC of pollock in Statistical Area 620 of the GOA is 14,098 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2009 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 Authority: 16 U.S.C. 1801 et seq. Dated: October 2, 2009 Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–24173 Filed 10–2–09; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Parts 679 and 680 [Docket No. 080312430–91317–02] RIN 0648–AW56 Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota Program, Rockfish Program, Amendment 80 Program; Bering Sea and Aleutian Islands Area Crab Rationalization Program SUMMARY: NMFS issues regulations to provide harvesting cooperatives, crab processing quota share holders, and Western Alaska Community Development Quota (CDQ) groups with the option to make intercooperative transfers, crab individual processing quota transfers, and inter-group transfers through an automated, webbased process. To facilitate web-based transfers, NMFS removes the requirement for notarized signatures for all crab non-permanent leases of individual fishing quota and individual processor quota and removes unnecessary quota share price-related questions. The purpose of this action is to reduce paperwork burdens on the fishing industry by providing the option of electronic transfer through the Internet. This action allows cooperatives, processors, and CDQ groups to shorten response time to management, market, weather, and other fishery and operational conditions and to increase harvesting and processing efficiency. This action also removes detailed description of information required on application forms from regulatory text; removes detailed NMFS mail, fax, and delivery addresses and replaces them with one paragraph stating that the form may be submitted in accordance with instructions on the form; removes outdated survey-type questions from two applications; divides one application into three separate applications; revises the NMFS Alaska Region web address; and corrects crossreferences. DATES: Effective November 6, 2009. ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the Final Regulatory Flexibility Analysis E:\FR\FM\07OCR1.SGM 07OCR1 51516 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations (FRFA), and the Categorical Exclusion prepared for this action may be obtained from the Alaska Region website at http://www.alaskafisheries.noaa.gov. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted by mail to NMFS, Alaska Region, P. O. Box 21668, Juneau, AK 99802–1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, Alaska to NMFS, Alaska Region; and by e-mail to DavidlRostker@omb.eop.gov, or fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907–586–7008. SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries in the Exclusive Economic Zone off Alaska under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP). The crab fisheries are managed under the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (Crab FMP). The BSAI FMP, GOA FMP, and Crab FMP were prepared by the North Pacific Fishery Management Council (Council) under the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations implementing the FMPs appear at 50 CFR part 679 and part 680. General regulations that pertain to U.S. fisheries appear at subpart H of 50 CFR part 600. erowe on DSK5CLS3C1PROD with RULES Background The Council has adopted and NMFS has implemented numerous management programs that allocate quota share and associated harvesting or processing privileges to qualified entities and authorize transfer of these privileges among qualified entities upon approval by NMFS. The following four programs authorize transfers of quota shares under particular circumstances -the Western Alaska Community Development Quota (CDQ) Program, the Central GOA Rockfish Pilot Program (Rockfish Program), Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (Amendment 80 Program), and the Bering Sea and Aleutian Islands Area Crab Rationalization (CR) Program. Currently, applications for transfers must be submitted to NMFS by mail, courier, or fax. The current hard-copy application transfer process is too slow VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 to meet operational and market demands of fishery participants. The efficacy of the current system of transfers is limited by NMFS business hours; requirements for original application documents and notarized signatures; and the lengths of time needed for application submission, approval, and receipt of permits. To address these limitations, NMFS published a proposed rule on May 26, 2009 (74 FR 24762) that would provide harvesting cooperatives, crab processing quota share holders, and CDQ groups the option to make intercooperative transfers, crab individual processing quota transfers, and inter-group transfers through an automated, webbased process. To facilitate web-based transfers, NMFS proposed to remove the requirement for notarized signatures for all crab non-permanent leases of individual fishing quota and individual processor quota and removed unnecessary quota share price-related questions. Electronic transfer service also benefits NMFS because this procedure reduces existing transfer processing labor needs, improves data quality, and promotes the objectives of the Government Paperwork Elimination Act. A full description of the need for this action and proposed regulatory changes is provided in the preamble to the proposed rule. Summary of Final Rule This rule accomplishes three broad goals. First, it reduces paperwork burdens placed on the fishing industry by providing the option for electronic transfer through the Internet. Second, it modifies the methods used to conduct transfers which allow cooperatives, processors, and CDQ groups to shorten response time to management, market, weather, and other fishery and operational conditions and increases harvesting and processing efficiency. Third, it accomplishes a variety of ’’housekeeping’’ revisions to the regulations which: • Remove detailed descriptions of applications from regulatory text; • Remove detailed NMFS mail, fax, and delivery addresses and replace them with a general, instructional paragraph pointing the participant to the form; • Remove outdated survey-type questions from two applications; • Divide one application into three separate applications; • Revise the NMFS Alaska Region web address as it appears in the regulations to http:// alaskafisheries.noaa.gov; and • Correct cross-references. PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 NMFS published the proposed rule for this action in the Federal Register on May 26, 2009 (74 FR 24762), with a public comment period that closed June 10, 2009. NMFS received no comments. Additional information about this action can be found in the proposed rule. Changes From the Proposed Rule 50 CFR 679.81(f) describes the application for inter-cooperative transfer of rockfish cooperative quota. Section 679.81(f)(1) describes the requirements to submit a completed application, whether non-electronic or electronic. The proposed rule did not include a current transfer requirement. The regulations at § 679.81(f)(1)(v) and (vi) currently set forth the requirement for signature of the associated rockfish processor. This requirement was overlooked and not included in the proposed rule. The final rule corrects this omission and the associated processor will continue to be included as a party to a catcher vessel sector transfer of cooperative quota. Classification Pursuant to Section 305(d) of the Magnuson-Stevens Act, the NMFS Acting Assistant Administrator has determined that this rule is necessary for the conservation and management of the Alaska groundfish and crab fisheries managed under the FMPs and that it is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. Final Regulatory Flexibility Analysis (FRFA) An FRFA was prepared for this rule, as required by section 604 of the Regulatory Flexibility Act (RFA). Copies of the FRFA prepared for this final rule are available from the Alaska Region website at http:// alaskafisheries.noaa.gov. The FRFA incorporates the IRFA and a summary of the analysis completed to support the action. A summary of the FRFA follows. Why Action by the Agency is Being Considered and Objectives of, and Legal Basis for, the Rule The FRFA describes in detail the reasons why this action is necessary, describes the objectives and legal basis for the rule, and discusses both small and non-small regulated entities to adequately characterize the fishery participants. The Magnuson-Stevens Act provides the legal basis for the rule, as discussed in this preamble. The objectives of the rule are to: (1) maintain recordkeeping and reporting E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51517 entities among the directly regulated universe affected by this final rule. available from NMFS at the following website: http://alaskafisheries.noaa.gov. Public Comments Received on the IRFA Collection-of-Information Requirements NMFS did not receive any public comments on the IRFA or on the economic impacts of the rule. Number of Small Entities to Which the Final Rule Would Apply erowe on DSK5CLS3C1PROD with RULES requirements for the impacted programs that provide the information necessary to manage the fisheries and to enforce Federal regulations applicable to the programs, (2) reduce the time, effort, and documentation involved in the process of making quota transfers, and (3) maintain the overall economic and social goals and purpose of the programs. This rule changes existing reporting, recordkeeping, or other compliance requirements by providing the convenience and flexibility offered by electronic communication technology to conduct logistically and economically efficient transfers of fishing ‘‘quota’’ among program operations, subject to NMFS’ approval. This rule contains collection-ofinformation requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by the Office of Management and Budget (OMB). Public reporting burden estimates per response for these requirements are listed by OMB control number. OMB Control No. 0648–0269: 30 minutes for CDQ or PSQ Transfer Request. OMB Control No. 0648–0514: Two hours for Application for Transfer of Crab QS, IFQ, and IPQ; this form will be removed from this collection, and the following three new forms will be added in its place. Two hours each for: Application for Transfer of Crab Individual Fishing Quota, Application for Transfer of Individual Processor Quota, Application for Transfer of Crab Quota Share and Crab Processor Quota Share; Application for Transfer of Individual Fishing Quota Between Crab Harvesting Cooperatives; and two and one half hours for Application for Annual Crab Harvester Cooperative IFQ Permit. OMB Control No. 0648–0565: Two hours for Application to Transfer Amendment 80 Cooperative Quota. OMB Control No. 0648–0545: Two hours for Application for Intercooperative Transfer of Rockfish Quota Share. Public reporting estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection-of-information. Send comments on these or any other aspects of the collection-of-information to NMFS Alaska Region (see ADDRESSES) and e-mail to DavidlRostker@omb.eop.gov, or fax to 202–395–7285. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB Control Number. For purposes of an FRFA, the Small Business Administration (SBA) has established that a business involved in fish harvesting is a small business if it is independently owned and operated, not dominant in its field of operation (including its affiliates), and if it has combined annual gross receipts not in excess of $4.0 million for all its affiliated operations worldwide. A seafood processor is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 500 or fewer persons on a full-time, part-time, temporary, or other basis, at all its affiliated operations worldwide. Because the SBA does not have a size criterion for businesses that are involved in both the harvesting and processing of seafood products, NMFS has in the past applied and continues to apply SBA’s fish harvesting criterion for these businesses because catcher/ processors are first and foremost fish harvesting businesses. Therefore, a business involved in both the harvesting and processing of seafood products is a small business if it meets the $4.0 million criterion for fish harvesting operations. NMFS currently is reviewing its small entity size classification for all catcher/processors in the United States. However, until new guidance is adopted, NMFS will continue to use the annual receipts standard for catcher/processors. NMFS plans to issue new guidance in the near future. The FRFA contains a more detailed description and estimate of the number of small entities to which the rule would apply. Currently, 642 entities hold quota shares and would now be authorized to conduct transfers online. Estimates of large entities were made, based on available records of employment information on participation in processing activities in other fisheries, and analysts’ knowledge of foreign ownership of vertically integrated processing companies. Of the 642 recipients of quota, 294 are estimated to be large entities, leaving 348 small VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 Projected Reporting, Recordkeeping, and Other Compliance Requirements Comparison of Alternatives All the directly regulated individuals would be expected to benefit from the preferred alternative, Alternative 2 (described in this rule), relative to the status quo alternative because it creates a new option to transfer quota ‘‘online’’ among participants within each respective management program. It is expected to reduce their reporting requirements, increase operational flexibility, enhance potential for collaboration and coordination among transferors and transferees, and provide an augmented ability to respond in a timely way to market changes. Of the two alternatives considered, status quo and this action, this action minimizes adverse economic impacts on the individuals that are directly regulated and reflects the least burdensome of management structures available, in terms of directly regulated small entities, while fully achieving the conservation and management purposes consistent with applicable statutes. NMFS initially considered an alternative that would have required use of the online systems, rather than making them optional. NMFS rejected this alternative, because NMFS could not be certain that all entities in all impacted industry sectors are capable of submitting forms electronically. For any that are not, such a mandate would have imposed an unnecessary and disproportionate economic burden. Small Entity Compliance Guide The preamble to the proposed rule and this final rule serve as the small entity compliance guide required by Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. This action does not require any additional compliance from small entities that is not described in the preamble. Copies of this final rule are PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 List of Subjects in 50 CFR Parts 679 and 680 Alaska, Fisheries, Recordkeeping and reporting requirements. E:\FR\FM\07OCR1.SGM 07OCR1 51518 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations Dated: October 1, 2009 John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 679 and 680 are amended as follows: ■ PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for part 679 continues to read as follows: Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108–447. 2. In § 679.5, revise paragraph (n)(1) to read as follows: ■ Recordkeeping and reporting erowe on DSK5CLS3C1PROD with RULES * * * * * (n) * * * (1) CDQ or PSQ transfer. NMFS will process a request for CDQ or PSQ transfer between CDQ groups provided that the requirements of this paragraph are met. (i) Completed application. A paper or electronic request form must be completed with all information fields accurately filled in by transferors and transferees, and all required additional documentation must be attached. (ii) Certification of transferor—(A) Non-electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. (B) Electronic submittal. The transferor’s designated representative must log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (iii) Certification of transferee—(A) Non-electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (B) Electronic submittal. The transferee’s designated representative must log into the system and create a transfer request as indicated on the computer screen. By using the transferee’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 § 679.81 Rockfish Program annual harvester and processor privileges. * ■ § 679.5 (R&R). certifies that all information is true, correct, and complete. * * * * * ■ 3. In § 679.81, add paragraph (e)(1)(iv); and revise paragraphs (e)(2) and (f) to read as follows: * * * * (e) * * * (1) * * * (iv) Electronic: http:// alaskafisheries.noaa.gov. (2) Application forms. Application forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Option 2. * * * * * (f) Application for inter-cooperative transfer of cooperative quota (CQ)—(1) Completed application. NMFS will process an application for intercooperative transfer of cooperative quota (CQ) provided that a paper or electronic online transfer application is completed by the transferor and transferee, with all applicable fields accurately filled-in, and all required additional documentation is attached. (2) Certification of transferor—(i) Non-electronic submittal. The transferor’s designated representative and the eligible rockfish processor with whom that rockfish cooperative in the catcher vessel sector is associated must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. (ii) Electronic submittal. (A) The transferor’s designated representative must log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (B) (Catcher vessel transfer to catcher vessel only) The transferor’s eligible rockfish processor must log into the system and accept the transfer request. By using the processor’s NMFS ID, password, and Transfer Key, the designated representative certifies that all information is true, correct, and complete. (3) Certification of transferee—(i) Non-electronic submittal. The transferee’s designated representative and the eligible rockfish processor with whom that rockfish cooperative in the PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 catcher vessel sector is associated must sign and date the application certifying that all information is true, correct, and complete. (ii) Electronic submittal (A) (Catcher vessel transfer to catcher vessel or catcher/processor transfer to catcher vessel only) The transferee’s eligible rockfish processor must log into the system and accept the transfer request. By using the processor’s NMFS ID, password, and Transfer Key, the designated representative certifies that all information is true, correct, and complete. (B) The transferee must log into the system and accept the transfer request. By using the transferee’s NMFS ID, password, and Transfer Key, the designated representative certifies that all information is true, correct, and complete. * * * * * ■ 4. In § 679.91, add paragraph (b)(1)(iv); and revise paragraphs (b)(2) and (g) to read as follows: § 679.91 Amendment 80 Program annual harvester privileges. * * * * * (b) * * * (1) * * * (iv) Electronic: http:// alaskafisheries.noaa.gov. (2) Application forms. Application forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Option 2. * * * * * (g) Application for inter-cooperative transfer of Amendment 80 CQ—(1) Completed application. NMFS will process an application for intercooperative transfer of Amendment 80 cooperative quota (CQ) provided that a paper or electronic application is completed by the transferor and transferee, with all applicable fields accurately filled in, and all required additional documentation is attached. (2) Amendment 80 species CQ assignment. Amendment 80 species CQ must be assigned to a member of the Amendment 80 cooperative receiving the CQ for purposes of use cap calculations. No member of an Amendment 80 cooperative may exceed the CQ use cap applicable to that member. (3) Total amount of Amendment 80 species CQ. For purposes of Amendment 80 species CQ use cap calculations, the total amount of Amendment 80 species CQ held or used by a person is equal to all metric tons of Amendment 80 species CQ derived E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations from all Amendment 80 QS units on all Amendment 80 QS permits held by that person and assigned to the Amendment 80 cooperative and all metric tons of Amendment 80 species CQ assigned to that person by the Amendment 80 cooperative from approved transfers. (4) Amendment 80 QS units. The amount of Amendment 80 QS units held by a person, and CQ derived from those Amendment 80 QS units, is calculated using the individual and collective use cap rule established in § 679.92(a). (5) Certification of transferor—(i) Non-electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. (ii) Electronic submittal. The transferor’s designated representative must log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (6) Certification of transferee—(i) Non-electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (ii) Electronic submittal. The transferee’s designated representative must log into the system and accept the transfer request as indicated on the computer screen. By using the transferee’s NMFS ID, password and Transfer Key, the designated representative certifies that all information is true, correct, and complete. * * * * * PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 5. The authority citation for part 680 continues to read as follows: ■ Authority: 16 U.S.C. 1862; Pub. L. 109– 241; Pub. L. 109–479. 6. In § 680.5, revise paragraphs (a)(2)(i)(G), (g)(1), and (g)(2) to read as follows: erowe on DSK5CLS3C1PROD with RULES ■ § 680.5 (R&R). Recordkeeping and reporting (a) * * * (2) * * * (i) * * * VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 Person responsible * * * (G) CR Crab Landing Report * * * Reference * Recordkeeping and reporting report * RCR * § 679.5(e) * * * * * * (g) * * * (1) Applicability. An RCR or the RCR’s authorized representative, who receives any CR crab pursuant to § 680.44 must submit to NMFS online a complete RCR fee form as instructed on the form at NMFS Alaska Region website at http:// alaskafisheries.noaa.gov. (2) Due date and submittal. The reporting period of the RCR fee submission shall be the crab fishing year. An RCR must submit any crab cost recovery fee liability payment(s) and the RCR fee submission form to NMFS online not later than July 31 following the crab fishing year in which the CR crab landings were made. * * * * * ■ 7. In § 680.20, add paragraph (a)(3); and revise paragraphs (d)(3), (d)(4), (e)(5), (f)(4)(ii)(B), (g)(2)(viii)(C)(2), and (h)(6) introductory text to read as follows: § 680.20 Arbitration System. (a) * * * (3) Document submittal information. Submit documents and reports to NMFS as follows: by mail to the Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to NMFS, 709 West 9th Street, Juneau, AK 99801; or by fax to 907–586–7465. * * * * * (d) * * * (3) An Arbitration Organization, with members who are QS or PQS holders, must submit a complete Annual Arbitration Organization Report to NMFS in accordance with paragraph (a)(3) of this section by August 20, 2005, for the crab fishing year beginning on July 1, 2005, and by May 1 of each subsequent year for the crab fishing year beginning on July 1 of that year. (4) An Arbitration Organization, with members who are IFQ or IPQ holders, must submit a complete Annual Arbitration Organization Report to NMFS in accordance with paragraph (a)(3) of this section by not later than 15 days after the issuance of IFQ and IPQ for that crab QS fishery. PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 51519 (e) * * * (5) Notification to NMFS. Not later than June 1 for that crab fishing year, except as provided in paragraph (e)(6) of this section, the Arbitration Organizations representing the holders of Arbitration QS and PQS in each fishery shall notify NMFS of the persons selected as the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for the fishery in accordance with paragraph (a)(3) of this section. * * * * * (f) * * * (4) * * * (ii) * * * (B) NMFS Alaska Region in accordance with paragraph (a)(3) of this section; and * * * * * (g) * * * (2) * * * (viii) * * * (C) * * * (2) NMFS in accordance with paragraph (a)(3) of this section; and * * * * * (h) * * * (6) Information provided to NMFS. The Contract Arbitrator must provide any information, documents, or data required under this paragraph to NMFS in accordance with paragraph (a)(3) of this section not later than 30 days prior to the end of the crab fishing year for which the open negotiation or arbitration applied. The contract with the Contract Arbitrator must specify that the Contract Arbitrator provide NMFS with: * * * * * ■ 8. In § 680.21, revise paragraph (f) to read as follows: § 680.21 Crab harvesting cooperatives. * * * * * (f) Application for transfer of crab harvesting cooperative IFQ—(1) Completed application. NMFS will process an application for transfer of crab harvesting cooperative individual fishing quota (IFQ) provided that a paper or electronic request form is completed by the applicant, with all applicable fields accurately filled in, and all required additional documentation is attached. (2) Certification of transferor—(i) Non-electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. (ii) Electronic submittal. The transferor’s designated representative E:\FR\FM\07OCR1.SGM 07OCR1 51520 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations must log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (3) Certification of transferee—(i) Non-electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (ii) Electronic submittal. The transferee’s designated representative must log into the system and accept the transfer request as indicated on the computer screen. By using the transferee’s NMFS ID, password, and Transfer Key, the designated representative certifies that all information is true, correct, and complete. (4) Submittal information. An application for transfer of crab harvesting cooperative IFQ crab QS or PQS may be submitted to NMFS as instructed on the application. Forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Option 2. * * * * * ■ 9. In § 680.40, revise the section heading, paragraph (f) heading, and paragraph (f)(1)(ii) to read as follows: § 680.40 Crab Quota Share (QS), Processor QS (PQS), Individual Fishing Quota (IFQ), and Individual Processor Quota (IPQ) Issuance. * * * * * (f) Application for crab QS or PQS. (1) * * * (ii) An application for crab QS or PQS may be submitted to NMFS as instructed on the application. Forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Option 2. * * * * * ■ 10. In § 680.41, revise paragraphs (b) and (h) to read as follows: § 680.41 Transfer of QS, PQS, IFQ and IPQ. erowe on DSK5CLS3C1PROD with RULES * * * * * (b) Transfer applications—(1) Application. An application is required to transfer any amount of QS, PQS, IFQ, or IPQ. A transfer application will not be approved until the necessary eligibility application has been submitted and approved by NMFS in accordance with paragraph (c) of this section. The Regional Administrator VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 will not approve any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery from August 1 until the date of the issuance of IFQ or IPQ for that crab QS fishery. (2) Notification of application approval or disapproval. Persons submitting any application for approval under § 680.41 will receive notification of the Regional Administrator’s decision to approve or disapprove the application, and if applicable, the reason(s) for disapproval. (3) Reasons for disapproval. Reasons for disapproval of an application include, but are not limited to: (i) Lack of U.S. citizenship, where U.S. citizenship is required; (ii) Failure to meet minimum requirements for sea time as a member of a harvesting crew; (iii) An incomplete application, including fees and an EDR, if required; (iv) An untimely application; or (v) Fines, civil penalties, or other payments due and owing, or outstanding permit sanctions resulting from Federal fishery violations. (4) QS, PQS, IFQ, or IPQ accounts. (i) QS, PQS, IFQ, or IPQ accounts affected by a transfer approved by the Regional Administrator will change on the date of approval. (ii) For non-electronic submittals, any necessary IFQ or IPQ permits will be sent with the notification of approval if the receiver of the IFQ or IPQ permit has completed an annual application for crab IFQ or IPQ permit for the current fishing year as required under § 680.4. (iii) For electronic submittals, the parties to the transfer would access and print approvals and permits online. (5) Submittal. Submit applications and other documents to NMFS as instructed on the application. Forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at: 800–304–4846, Option 2. * * * * * (h) Applications for transfer—(1) Application for transfer of crab IFQ. NMFS will process a request for transfer of crab individual fishing quota (IFQ) provided that a paper application is completed, with all information fields accurately filled in, and all required additional documentation is attached. The transferor’s and the transferee’s designated representatives must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 (2) Application for transfer of crab IPQ—(i) Completed application. NMFS will process a request for transfer of crab individual processor quota (IPQ) provided that a paper or electronic request form is completed, with all information fields accurately filled in, and all required additional documentation is attached. (ii) Certification of transferor—(A) Non-electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s designated representative must submit the paper application as indicated on the application. (B) Electronic submittal. The transferor’s designated representative must log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (iii) Certification of transferee—(A) Non-electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (B) Electronic submittal. The transferee’s designated representative must log into the system and accept the transfer request as indicated on the computer screen. By using the transferee’s NMFS ID, password and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (3) Application for transfer of crab QS or PQS. NMFS will process a request for transfer of crab quota share (QS) or crab processor quota share (PQS) provided that a paper request form is completed and notarized, with all information fields accurately filled in, and all required additional documentation is attached. The transferor’s and the transferee’s designated representatives must sign and date the application certifying that all information is true, correct, and complete. * * * * * ■ 11. In § 680.44, revise paragraph (a)(4)(iii) to read as follows: § 680.44 Cost recovery. (a) * * * (4) * * * (iii) Payment address. Submit payment and related documents as instructed on the fee form; payments may also be submitted electronically to NMFS. Forms are available on the E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by contacting NMFS at: 800–304–4846, Option 2. * * * * * [FR Doc. E9–24217 Filed 10–6–09; 8:45 am] erowe on DSK5CLS3C1PROD with RULES BILLING CODE 3510–22–S VerDate Nov<24>2008 15:23 Oct 06, 2009 Jkt 220001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1 51521

Agencies

[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Rules and Regulations]
[Pages 51515-51521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24217]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680

[Docket No. 080312430-91317-02]
RIN 0648-AW56


Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program, Rockfish Program, Amendment 
80 Program; Bering Sea and Aleutian Islands Area Crab Rationalization 
Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to provide harvesting cooperatives, 
crab processing quota share holders, and Western Alaska Community 
Development Quota (CDQ) groups with the option to make intercooperative 
transfers, crab individual processing quota transfers, and inter-group 
transfers through an automated, web-based process. To facilitate web-
based transfers, NMFS removes the requirement for notarized signatures 
for all crab non-permanent leases of individual fishing quota and 
individual processor quota and removes unnecessary quota share price-
related questions. The purpose of this action is to reduce paperwork 
burdens on the fishing industry by providing the option of electronic 
transfer through the Internet. This action allows cooperatives, 
processors, and CDQ groups to shorten response time to management, 
market, weather, and other fishery and operational conditions and to 
increase harvesting and processing efficiency. This action also removes 
detailed description of information required on application forms from 
regulatory text; removes detailed NMFS mail, fax, and delivery 
addresses and replaces them with one paragraph stating that the form 
may be submitted in accordance with instructions on the form; removes 
outdated survey-type questions from two applications; divides one 
application into three separate applications; revises the NMFS Alaska 
Region web address; and corrects cross-references.

DATES: Effective November 6, 2009.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the 
Final Regulatory Flexibility Analysis

[[Page 51516]]

(FRFA), and the Categorical Exclusion prepared for this action may be 
obtained from the Alaska Region website at http://www.alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by mail to NMFS, Alaska Region, P. O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, Alaska to NMFS, Alaska Region; and by e-mail to David_Rostker@omb.eop.gov, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries 
in the Exclusive Economic Zone off Alaska under the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area (BSAI FMP) and the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (GOA FMP). The crab fisheries are managed under the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (Crab FMP). The BSAI FMP, GOA FMP, and Crab FMP were prepared by 
the North Pacific Fishery Management Council (Council) under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations implementing the FMPs appear at 50 CFR part 
679 and part 680. General regulations that pertain to U.S. fisheries 
appear at subpart H of 50 CFR part 600.

Background

    The Council has adopted and NMFS has implemented numerous 
management programs that allocate quota share and associated harvesting 
or processing privileges to qualified entities and authorize transfer 
of these privileges among qualified entities upon approval by NMFS. The 
following four programs authorize transfers of quota shares under 
particular circumstances -- the Western Alaska Community Development 
Quota (CDQ) Program, the Central GOA Rockfish Pilot Program (Rockfish 
Program), Amendment 80 to the Fishery Management Plan for Groundfish of 
the Bering Sea and Aleutian Islands Management Area (Amendment 80 
Program), and the Bering Sea and Aleutian Islands Area Crab 
Rationalization (CR) Program.
    Currently, applications for transfers must be submitted to NMFS by 
mail, courier, or fax. The current hard-copy application transfer 
process is too slow to meet operational and market demands of fishery 
participants. The efficacy of the current system of transfers is 
limited by NMFS business hours; requirements for original application 
documents and notarized signatures; and the lengths of time needed for 
application submission, approval, and receipt of permits.
    To address these limitations, NMFS published a proposed rule on May 
26, 2009 (74 FR 24762) that would provide harvesting cooperatives, crab 
processing quota share holders, and CDQ groups the option to make 
intercooperative transfers, crab individual processing quota transfers, 
and inter-group transfers through an automated, web-based process. To 
facilitate web-based transfers, NMFS proposed to remove the requirement 
for notarized signatures for all crab non-permanent leases of 
individual fishing quota and individual processor quota and removed 
unnecessary quota share price-related questions.
    Electronic transfer service also benefits NMFS because this 
procedure reduces existing transfer processing labor needs, improves 
data quality, and promotes the objectives of the Government Paperwork 
Elimination Act. A full description of the need for this action and 
proposed regulatory changes is provided in the preamble to the proposed 
rule.

Summary of Final Rule

    This rule accomplishes three broad goals. First, it reduces 
paperwork burdens placed on the fishing industry by providing the 
option for electronic transfer through the Internet. Second, it 
modifies the methods used to conduct transfers which allow 
cooperatives, processors, and CDQ groups to shorten response time to 
management, market, weather, and other fishery and operational 
conditions and increases harvesting and processing efficiency. Third, 
it accomplishes a variety of ''housekeeping'' revisions to the 
regulations which:
     Remove detailed descriptions of applications from 
regulatory text;
     Remove detailed NMFS mail, fax, and delivery addresses and 
replace them with a general, instructional paragraph pointing the 
participant to the form;
     Remove outdated survey-type questions from two 
applications;
     Divide one application into three separate applications;
     Revise the NMFS Alaska Region web address as it appears in 
the regulations to http://alaskafisheries.noaa.gov; and
     Correct cross-references.
    NMFS published the proposed rule for this action in the Federal 
Register on May 26, 2009 (74 FR 24762), with a public comment period 
that closed June 10, 2009. NMFS received no comments. Additional 
information about this action can be found in the proposed rule.

Changes From the Proposed Rule

    50 CFR 679.81(f) describes the application for inter-cooperative 
transfer of rockfish cooperative quota. Section 679.81(f)(1) describes 
the requirements to submit a completed application, whether non-
electronic or electronic. The proposed rule did not include a current 
transfer requirement. The regulations at Sec.  679.81(f)(1)(v) and (vi) 
currently set forth the requirement for signature of the associated 
rockfish processor. This requirement was overlooked and not included in 
the proposed rule. The final rule corrects this omission and the 
associated processor will continue to be included as a party to a 
catcher vessel sector transfer of cooperative quota.

Classification

    Pursuant to Section 305(d) of the Magnuson-Stevens Act, the NMFS 
Acting Assistant Administrator has determined that this rule is 
necessary for the conservation and management of the Alaska groundfish 
and crab fisheries managed under the FMPs and that it is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis (FRFA)

    An FRFA was prepared for this rule, as required by section 604 of 
the Regulatory Flexibility Act (RFA). Copies of the FRFA prepared for 
this final rule are available from the Alaska Region website at http://alaskafisheries.noaa.gov. The FRFA incorporates the IRFA and a summary 
of the analysis completed to support the action. A summary of the FRFA 
follows.

Why Action by the Agency is Being Considered and Objectives of, and 
Legal Basis for, the Rule

    The FRFA describes in detail the reasons why this action is 
necessary, describes the objectives and legal basis for the rule, and 
discusses both small and non-small regulated entities to adequately 
characterize the fishery participants. The Magnuson-Stevens Act 
provides the legal basis for the rule, as discussed in this preamble. 
The objectives of the rule are to: (1) maintain recordkeeping and 
reporting

[[Page 51517]]

requirements for the impacted programs that provide the information 
necessary to manage the fisheries and to enforce Federal regulations 
applicable to the programs, (2) reduce the time, effort, and 
documentation involved in the process of making quota transfers, and 
(3) maintain the overall economic and social goals and purpose of the 
programs.

Number of Small Entities to Which the Final Rule Would Apply

    For purposes of an FRFA, the Small Business Administration (SBA) 
has established that a business involved in fish harvesting is a small 
business if it is independently owned and operated, not dominant in its 
field of operation (including its affiliates), and if it has combined 
annual gross receipts not in excess of $4.0 million for all its 
affiliated operations worldwide. A seafood processor is a small 
business if it is independently owned and operated, not dominant in its 
field of operation, and employs 500 or fewer persons on a full-time, 
part-time, temporary, or other basis, at all its affiliated operations 
worldwide.
    Because the SBA does not have a size criterion for businesses that 
are involved in both the harvesting and processing of seafood products, 
NMFS has in the past applied and continues to apply SBA's fish 
harvesting criterion for these businesses because catcher/processors 
are first and foremost fish harvesting businesses. Therefore, a 
business involved in both the harvesting and processing of seafood 
products is a small business if it meets the $4.0 million criterion for 
fish harvesting operations. NMFS currently is reviewing its small 
entity size classification for all catcher/processors in the United 
States. However, until new guidance is adopted, NMFS will continue to 
use the annual receipts standard for catcher/processors. NMFS plans to 
issue new guidance in the near future.
    The FRFA contains a more detailed description and estimate of the 
number of small entities to which the rule would apply.
    Currently, 642 entities hold quota shares and would now be 
authorized to conduct transfers online. Estimates of large entities 
were made, based on available records of employment information on 
participation in processing activities in other fisheries, and 
analysts' knowledge of foreign ownership of vertically integrated 
processing companies. Of the 642 recipients of quota, 294 are estimated 
to be large entities, leaving 348 small entities among the directly 
regulated universe affected by this final rule.

Public Comments Received on the IRFA

    NMFS did not receive any public comments on the IRFA or on the 
economic impacts of the rule.

Projected Reporting, Recordkeeping, and Other Compliance Requirements

    This rule changes existing reporting, recordkeeping, or other 
compliance requirements by providing the convenience and flexibility 
offered by electronic communication technology to conduct logistically 
and economically efficient transfers of fishing ``quota'' among program 
operations, subject to NMFS' approval.

Comparison of Alternatives

    All the directly regulated individuals would be expected to benefit 
from the preferred alternative, Alternative 2 (described in this rule), 
relative to the status quo alternative because it creates a new option 
to transfer quota ``online'' among participants within each respective 
management program. It is expected to reduce their reporting 
requirements, increase operational flexibility, enhance potential for 
collaboration and coordination among transferors and transferees, and 
provide an augmented ability to respond in a timely way to market 
changes. Of the two alternatives considered, status quo and this 
action, this action minimizes adverse economic impacts on the 
individuals that are directly regulated and reflects the least 
burdensome of management structures available, in terms of directly 
regulated small entities, while fully achieving the conservation and 
management purposes consistent with applicable statutes.
    NMFS initially considered an alternative that would have required 
use of the online systems, rather than making them optional. NMFS 
rejected this alternative, because NMFS could not be certain that all 
entities in all impacted industry sectors are capable of submitting 
forms electronically. For any that are not, such a mandate would have 
imposed an unnecessary and disproportionate economic burden.

Small Entity Compliance Guide

    The preamble to the proposed rule and this final rule serve as the 
small entity compliance guide required by Section 212 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This action does 
not require any additional compliance from small entities that is not 
described in the preamble. Copies of this final rule are available from 
NMFS at the following website: http://alaskafisheries.noaa.gov.

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
the Office of Management and Budget (OMB). Public reporting burden 
estimates per response for these requirements are listed by OMB control 
number.
    OMB Control No. 0648-0269: 30 minutes for CDQ or PSQ Transfer 
Request.
    OMB Control No. 0648-0514: Two hours for Application for Transfer 
of Crab QS, IFQ, and IPQ; this form will be removed from this 
collection, and the following three new forms will be added in its 
place. Two hours each for: Application for Transfer of Crab Individual 
Fishing Quota, Application for Transfer of Individual Processor Quota, 
Application for Transfer of Crab Quota Share and Crab Processor Quota 
Share; Application for Transfer of Individual Fishing Quota Between 
Crab Harvesting Cooperatives; and two and one half hours for 
Application for Annual Crab Harvester Cooperative IFQ Permit.
    OMB Control No. 0648-0565: Two hours for Application to Transfer 
Amendment 80 Cooperative Quota.
    OMB Control No. 0648-0545: Two hours for Application for Inter-
cooperative Transfer of Rockfish Quota Share.
    Public reporting estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information.
    Send comments on these or any other aspects of the collection-of-
information to NMFS Alaska Region (see ADDRESSES) and e-mail to David_Rostker@omb.eop.gov, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection-of-information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Parts 679 and 680

    Alaska, Fisheries, Recordkeeping and reporting requirements.


[[Page 51518]]


    Dated: October 1, 2009
 John Oliver,
 Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR parts 679 and 680 are 
amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.

0
2. In Sec.  679.5, revise paragraph (n)(1) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (n) * * *
    (1) CDQ or PSQ transfer. NMFS will process a request for CDQ or PSQ 
transfer between CDQ groups provided that the requirements of this 
paragraph are met.
    (i) Completed application. A paper or electronic request form must 
be completed with all information fields accurately filled in by 
transferors and transferees, and all required additional documentation 
must be attached.
    (ii) Certification of transferor--(A) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (B) Electronic submittal. The transferor's designated 
representative must log into the system and create a transfer request 
as indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (iii) Certification of transferee--(A) Non-electronic submittal. 
The transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (B) Electronic submittal. The transferee's designated 
representative must log into the system and create a transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
* * * * *

0
3. In Sec.  679.81, add paragraph (e)(1)(iv); and revise paragraphs 
(e)(2) and (f) to read as follows:


Sec.  679.81  Rockfish Program annual harvester and processor 
privileges.

* * * * *
    (e) * * *
    (1) * * *
    (iv) Electronic: http://alaskafisheries.noaa.gov.
    (2) Application forms. Application forms are available on the NMFS 
Alaska Region website at http://alaskafisheries.noaa.gov, or by 
contacting NMFS at 800-304-4846, Option 2.
* * * * *
    (f) Application for inter-cooperative transfer of cooperative quota 
(CQ)--(1) Completed application. NMFS will process an application for 
inter-cooperative transfer of cooperative quota (CQ) provided that a 
paper or electronic online transfer application is completed by the 
transferor and transferee, with all applicable fields accurately 
filled-in, and all required additional documentation is attached.
    (2) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative and the eligible rockfish 
processor with whom that rockfish cooperative in the catcher vessel 
sector is associated must sign and date the application certifying that 
all information is true, correct, and complete. The transferor's 
designated representative must submit the paper application as 
indicated on the application.
    (ii) Electronic submittal. (A) The transferor's designated 
representative must log into the system and create a transfer request 
as indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (B) (Catcher vessel transfer to catcher vessel only) The 
transferor's eligible rockfish processor must log into the system and 
accept the transfer request. By using the processor's NMFS ID, 
password, and Transfer Key, the designated representative certifies 
that all information is true, correct, and complete.
    (3) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative and the eligible rockfish 
processor with whom that rockfish cooperative in the catcher vessel 
sector is associated must sign and date the application certifying that 
all information is true, correct, and complete.
    (ii) Electronic submittal
    (A) (Catcher vessel transfer to catcher vessel or catcher/processor 
transfer to catcher vessel only) The transferee's eligible rockfish 
processor must log into the system and accept the transfer request. By 
using the processor's NMFS ID, password, and Transfer Key, the 
designated representative certifies that all information is true, 
correct, and complete.
    (B) The transferee must log into the system and accept the transfer 
request. By using the transferee's NMFS ID, password, and Transfer Key, 
the designated representative certifies that all information is true, 
correct, and complete.
* * * * *

0
4. In Sec.  679.91, add paragraph (b)(1)(iv); and revise paragraphs 
(b)(2) and (g) to read as follows:


Sec.  679.91  Amendment 80 Program annual harvester privileges.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Electronic: http://alaskafisheries.noaa.gov.
    (2) Application forms. Application forms are available on the NMFS 
Alaska Region website at http://alaskafisheries.noaa.gov, or by 
contacting NMFS at 800-304-4846, Option 2.
* * * * *
    (g) Application for inter-cooperative transfer of Amendment 80 CQ--
(1) Completed application. NMFS will process an application for inter-
cooperative transfer of Amendment 80 cooperative quota (CQ) provided 
that a paper or electronic application is completed by the transferor 
and transferee, with all applicable fields accurately filled in, and 
all required additional documentation is attached.
    (2) Amendment 80 species CQ assignment. Amendment 80 species CQ 
must be assigned to a member of the Amendment 80 cooperative receiving 
the CQ for purposes of use cap calculations. No member of an Amendment 
80 cooperative may exceed the CQ use cap applicable to that member.
    (3) Total amount of Amendment 80 species CQ. For purposes of 
Amendment 80 species CQ use cap calculations, the total amount of 
Amendment 80 species CQ held or used by a person is equal to all metric 
tons of Amendment 80 species CQ derived

[[Page 51519]]

from all Amendment 80 QS units on all Amendment 80 QS permits held by 
that person and assigned to the Amendment 80 cooperative and all metric 
tons of Amendment 80 species CQ assigned to that person by the 
Amendment 80 cooperative from approved transfers.
    (4) Amendment 80 QS units. The amount of Amendment 80 QS units held 
by a person, and CQ derived from those Amendment 80 QS units, is 
calculated using the individual and collective use cap rule established 
in Sec.  679.92(a).
    (5) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (ii) Electronic submittal. The transferor's designated 
representative must log into the system and create a transfer request 
as indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (6) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (ii) Electronic submittal. The transferee's designated 
representative must log into the system and accept the transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password and Transfer Key, the designated representative certifies that 
all information is true, correct, and complete.
* * * * *

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
5. The authority citation for part 680 continues to read as follows:

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

0
6. In Sec.  680.5, revise paragraphs (a)(2)(i)(G), (g)(1), and (g)(2) 
to read as follows:



Sec.  680.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (2) * * *
    (i) * * *

------------------------------------------------------------------------
                                                     Person
       Recordkeeping and reporting report         responsible  Reference
------------------------------------------------------------------------
                                * * * * *
 
 
(G) CR Crab Landing Report                            RCR           Sec.
                                                                679.5(e)
                                * * * * *
 
 
------------------------------------------------------------------------

* * * * *
    (g) * * *
    (1) Applicability. An RCR or the RCR's authorized representative, 
who receives any CR crab pursuant to Sec.  680.44 must submit to NMFS 
online a complete RCR fee form as instructed on the form at NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov.
    (2) Due date and submittal. The reporting period of the RCR fee 
submission shall be the crab fishing year. An RCR must submit any crab 
cost recovery fee liability payment(s) and the RCR fee submission form 
to NMFS online not later than July 31 following the crab fishing year 
in which the CR crab landings were made.
* * * * *

0
7. In Sec.  680.20, add paragraph (a)(3); and revise paragraphs (d)(3), 
(d)(4), (e)(5), (f)(4)(ii)(B), (g)(2)(viii)(C)(2), and (h)(6) 
introductory text to read as follows:


Sec.  680.20  Arbitration System.

    (a) * * *
    (3) Document submittal information. Submit documents and reports to 
NMFS as follows: by mail to the Regional Administrator, NMFS, P.O. Box 
21668, Juneau, AK 99802; by courier to NMFS, 709 West 9th Street, 
Juneau, AK 99801; or by fax to 907-586-7465.
* * * * *
    (d) * * *
    (3) An Arbitration Organization, with members who are QS or PQS 
holders, must submit a complete Annual Arbitration Organization Report 
to NMFS in accordance with paragraph (a)(3) of this section by August 
20, 2005, for the crab fishing year beginning on July 1, 2005, and by 
May 1 of each subsequent year for the crab fishing year beginning on 
July 1 of that year.
    (4) An Arbitration Organization, with members who are IFQ or IPQ 
holders, must submit a complete Annual Arbitration Organization Report 
to NMFS in accordance with paragraph (a)(3) of this section by not 
later than 15 days after the issuance of IFQ and IPQ for that crab QS 
fishery.
    (e) * * *
    (5) Notification to NMFS. Not later than June 1 for that crab 
fishing year, except as provided in paragraph (e)(6) of this section, 
the Arbitration Organizations representing the holders of Arbitration 
QS and PQS in each fishery shall notify NMFS of the persons selected as 
the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for 
the fishery in accordance with paragraph (a)(3) of this section.
* * * * *
    (f) * * *
    (4) * * *
    (ii) * * *
    (B) NMFS Alaska Region in accordance with paragraph (a)(3) of this 
section; and
* * * * *
    (g) * * *
    (2) * * *
    (viii) * * *
    (C) * * *
    (2) NMFS in accordance with paragraph (a)(3) of this section; and
* * * * *
    (h) * * *
    (6) Information provided to NMFS. The Contract Arbitrator must 
provide any information, documents, or data required under this 
paragraph to NMFS in accordance with paragraph (a)(3) of this section 
not later than 30 days prior to the end of the crab fishing year for 
which the open negotiation or arbitration applied. The contract with 
the Contract Arbitrator must specify that the Contract Arbitrator 
provide NMFS with:
* * * * *

0
8. In Sec.  680.21, revise paragraph (f) to read as follows:


Sec.  680.21  Crab harvesting cooperatives.

* * * * *
    (f) Application for transfer of crab harvesting cooperative IFQ--
(1) Completed application. NMFS will process an application for 
transfer of crab harvesting cooperative individual fishing quota (IFQ) 
provided that a paper or electronic request form is completed by the 
applicant, with all applicable fields accurately filled in, and all 
required additional documentation is attached.
    (2) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (ii) Electronic submittal. The transferor's designated 
representative

[[Page 51520]]

must log into the system and create a transfer request as indicated on 
the computer screen. By using the transferor's NMFS ID, password, and 
Transfer Key and submitting the transfer request, the designated 
representative certifies that all information is true, correct, and 
complete.
    (3) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (ii) Electronic submittal. The transferee's designated 
representative must log into the system and accept the transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password, and Transfer Key, the designated representative certifies 
that all information is true, correct, and complete.
    (4) Submittal information. An application for transfer of crab 
harvesting cooperative IFQ crab QS or PQS may be submitted to NMFS as 
instructed on the application. Forms are available on the NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov, or by contacting 
NMFS at 800-304-4846, Option 2.
* * * * *

0
9. In Sec.  680.40, revise the section heading, paragraph (f) heading, 
and paragraph (f)(1)(ii) to read as follows:


Sec.  680.40  Crab Quota Share (QS), Processor QS (PQS), Individual 
Fishing Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.

* * * * *
    (f) Application for crab QS or PQS.
    (1) * * *
    (ii) An application for crab QS or PQS may be submitted to NMFS as 
instructed on the application. Forms are available on the NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov, or by contacting 
NMFS at 800-304-4846, Option 2.
* * * * *

0
10. In Sec.  680.41, revise paragraphs (b) and (h) to read as follows:


Sec.  680.41  Transfer of QS, PQS, IFQ and IPQ.

* * * * *
    (b) Transfer applications--(1) Application. An application is 
required to transfer any amount of QS, PQS, IFQ, or IPQ. A transfer 
application will not be approved until the necessary eligibility 
application has been submitted and approved by NMFS in accordance with 
paragraph (c) of this section. The Regional Administrator will not 
approve any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery 
from August 1 until the date of the issuance of IFQ or IPQ for that 
crab QS fishery.
    (2) Notification of application approval or disapproval. Persons 
submitting any application for approval under Sec.  680.41 will receive 
notification of the Regional Administrator's decision to approve or 
disapprove the application, and if applicable, the reason(s) for 
disapproval.
    (3) Reasons for disapproval. Reasons for disapproval of an 
application include, but are not limited to:
    (i) Lack of U.S. citizenship, where U.S. citizenship is required;
    (ii) Failure to meet minimum requirements for sea time as a member 
of a harvesting crew;
    (iii) An incomplete application, including fees and an EDR, if 
required;
    (iv) An untimely application; or
    (v) Fines, civil penalties, or other payments due and owing, or 
outstanding permit sanctions resulting from Federal fishery violations.
    (4) QS, PQS, IFQ, or IPQ accounts. (i) QS, PQS, IFQ, or IPQ 
accounts affected by a transfer approved by the Regional Administrator 
will change on the date of approval.
    (ii) For non-electronic submittals, any necessary IFQ or IPQ 
permits will be sent with the notification of approval if the receiver 
of the IFQ or IPQ permit has completed an annual application for crab 
IFQ or IPQ permit for the current fishing year as required under Sec.  
680.4.
    (iii) For electronic submittals, the parties to the transfer would 
access and print approvals and permits online.
    (5) Submittal. Submit applications and other documents to NMFS as 
instructed on the application. Forms are available on the NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov, or by contacting 
NMFS at: 800-304-4846, Option 2.
* * * * *
    (h) Applications for transfer--(1) Application for transfer of crab 
IFQ. NMFS will process a request for transfer of crab individual 
fishing quota (IFQ) provided that a paper application is completed, 
with all information fields accurately filled in, and all required 
additional documentation is attached. The transferor's and the 
transferee's designated representatives must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (2) Application for transfer of crab IPQ--(i) Completed 
application. NMFS will process a request for transfer of crab 
individual processor quota (IPQ) provided that a paper or electronic 
request form is completed, with all information fields accurately 
filled in, and all required additional documentation is attached.
    (ii) Certification of transferor--(A) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (B) Electronic submittal. The transferor's designated 
representative must log into the system and create a transfer request 
as indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (iii) Certification of transferee--(A) Non-electronic submittal. 
The transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (B) Electronic submittal. The transferee's designated 
representative must log into the system and accept the transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (3) Application for transfer of crab QS or PQS. NMFS will process a 
request for transfer of crab quota share (QS) or crab processor quota 
share (PQS) provided that a paper request form is completed and 
notarized, with all information fields accurately filled in, and all 
required additional documentation is attached. The transferor's and the 
transferee's designated representatives must sign and date the 
application certifying that all information is true, correct, and 
complete.
* * * * *

0
11. In Sec.  680.44, revise paragraph (a)(4)(iii) to read as follows:


Sec.  680.44  Cost recovery.

    (a) * * *
    (4) * * *
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee form; payments may also be submitted 
electronically to NMFS. Forms are available on the

[[Page 51521]]

NMFS Alaska Region website at http://alaskafisheries.noaa.gov, or by 
contacting NMFS at: 800-304-4846, Option 2.
* * * * *
[FR Doc. E9-24217 Filed 10-6-09; 8:45 am]
BILLING CODE 3510-22-S