Fisheries of the Northeastern United States; Tilefish Fishery Management Plan; Regulatory Amendment, Corrections, and Clarifications, 49186-49190 [2013-19561]
Download as PDF
<![CDATA[
49186
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca
interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae—Sea Basses
Black sea bass, Centropristis striata
Sparidae—Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as
ecosystem component species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
Schoolmaster, Lutjanus apodus
Background
individual fishing quota (IFQ) system.
The new tilefish IFQ program became
effective November 1, 2009. After 3
years of operation, it has become
apparent that some of the implementing
regulations need to be clarified,
corrected, or modified to better reflect
the intent of Amendment 1.
On March 28, 2013, NMFS published
a proposed rule in the Federal Register
(78 FR 18947) proposing several minor
corrections, clarifications, and
modifications to the regulations
implementing Amendment 1.
Comments on the proposed rule were
accepted through April 29, 2013. No
comments were received on the
measures, and the measures, as
proposed, are implemented by this final
rule.
The purpose of this action is to
clarify, correct, and/or modify certain
provisions of the tilefish IFQ program’s
implementing regulations to clarify
potentially confusing regulatory
language, and to better reflect the intent
of Amendment 1 and current practices
under the tilefish IFQ program.
Specifically, this action (1) Clarifies the
two aspects of tilefish IFQ allocation by
differentiating between quota share and
quota pounds, and removes suggestions
that either are ‘‘owned’’ or
‘‘permanent;’’ (2) specifies in the
regulations that tilefish landings may be
reported through the Interactive Voice
Response system, or through another
system approved by the NMFS
Northeast Regional Administrator, to
allow for the future development of an
online reporting option; (3) corrects
cross-references within the regulations
pertaining to the Research Set-Aside
Program; (4) revises language and crossreferences in the regulations to clarify
that permanent resident aliens are
allowed to hold a tilefish IFQ allocation
permit, as specified in Amendment 1;
(5) modifies the regulations to extend
the deadline for quota pound transfers
from September 1 to October 10 of each
fishing year; and (6) modifies the
regulations governing the cost recovery
fee collection system to reflect current
fee collection practices and the intent of
Amendment 1 to ensure clear and
efficient collection of the required costrecovery fees. Additional detail and
explanation regarding the reason for
these changes are provided in the
proposed rule and are not repeated here.
On August 24, 2009, NMFS published
a final rule (74 FR 42580) to implement
provisions of Amendment 1 to the
Tilefish Fishery Management Plan
(FMP) (Amendment 1). Amendment 1
included a new structure for managing
the commercial tilefish fishery using an
Changes From the Proposed Rule
The proposed regulatory text
regarding IFQ transfer applications
inadvertently used the less specific term
‘‘catch share.’’ The regulatory language
has been corrected to use the more
appropriate term ‘‘quota share,’’
*
*
*
*
*
[FR Doc. 2013–19605 Filed 8–12–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120416018–3679–02]
RIN 0648–BC05
Fisheries of the Northeastern United
States; Tilefish Fishery Management
Plan; Regulatory Amendment,
Corrections, and Clarifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action makes
corrections, clarifications, and other
modifications to the regulations that
implemented the Tilefish Individual
Fishing Quota Program. These changes
will not affect the fishing operation of
any vessel.
DATES: Effective September 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
phone (978) 281–9341, fax (978) 281–
9135.
SUMMARY:
ehiers on DSK2VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
15:29 Aug 12, 2013
Jkt 229001
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
consistent with the terminology used in
rest of that regulatory paragraph. The
introductory text on IFQ transfer
applications has been adjusted to more
clearly explain why applications for
permanent transfers are due before
September 1, while applications for
temporary transfers are due before
October 10.
Comments and Responses
NMFS received no comments on the
proposed rule.
Classification
The Administrator, Northeast Region,
NMFS, determined that this final rule is
necessary for the management of the
tilefish fishery and that it is consistent
with the Tilefish FMP, the MagnusonStevens Fishery Conservation and
Management Act, and other applicable
law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
On June 20, 2013, the Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
July 22, 2013 (78 FR 37398). The rule
increased the size standard for Finfish
Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0
million, and Other Marine Fishing from
$4.0 to $7.0 million. Pursuant to the
Regulatory Flexibility Act, and prior to
SBA’s June 20, 2013, final rule, a
certification was developed for this
action using SBA’s former size
standards. Subsequent to the June 20,
2013, rule, NMFS has reviewed the
certification prepared for this action in
light of the new size standards. Under
the former, lower size standards, all
entities subject to this action were
considered small entities, thus they all
would continue to be considered small
under the new standards. NMFS has
determined that the new size standards
do not affect the analyses prepared for
this action.
E:\FR\FM\13AUR1.SGM
13AUR1
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: August 8, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
§ 648.292
*
*
*
*
(e) Research quota. See § 648.22(g).
■ 5. Section 648.294 is revised to read
as follows:
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, the definitions of
‘‘Interest in an IFQ allocation’’ and
‘‘Lessee’’ are revised to read as follows:
■
Definitions.
*
*
*
*
*
Interest in an IFQ allocation means:
An allocation of quota share or annual
IFQ allocation held by an individual; or
by a company in which the individual
is an owner, part owner, officer,
shareholder, or partner; or by an
immediate family member (an
individual’s parents, spouse, children,
and siblings).
*
*
*
*
*
Lessee means:
(1) A vessel owner who receives
temporarily transferred NE multispecies
DAS from another vessel through the
DAS Leasing Program specified at
§ 648.82(k); or
(2) A person or entity eligible to hold
tilefish IFQ allocation, who receives
temporarily transferred tilefish IFQ
allocation, as specified at
§ 648.294(e)(1).
*
*
*
*
*
■ 3. In § 648.7, paragraph (b)(2)(ii) is
revised to read as follows:
§ 648.7 Recordkeeping and reporting
requirements.
ehiers on DSK2VPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(2) * * *
(ii) Tilefish vessel owners or
operators. The owner or operator of any
vessel fishing under a tilefish IFQ
allocation permit issued under this part,
as described in § 648.294(a), must
submit a tilefish catch report by using
the IVR system, or other reporting
system approved by the Regional
Administrator, within 48 hours after
returning to port and offloading. The
report shall include at least the
VerDate Mar<15>2010
15:29 Aug 12, 2013
Jkt 229001
Tilefish specifications.
*
■
§ 648.2
following information, and any other
information required by the Regional
Administrator: Vessel identification;
trip during which tilefish are caught;
pounds landed; VTR pre-printed serial
number; and the Federal dealer number
for the dealer who purchases the
tilefish. This reporting requirement does
not exempt the owner or operator from
other applicable reporting requirements
of this section.
*
*
*
*
*
■ 4. In § 648.292, paragraph (e) is
revised to read as follows:
§ 648.294
program.
Individual fishing quota (IFQ)
(a) IFQ allocation permits. (1) After
adjustments for incidental catch,
research set-asides, and overages, as
appropriate, pursuant to § 648.292(c),
the Regional Administrator shall divide
the remaining TAL among the IFQ quota
share holders who held IFQ quota share
as of September 1 of a given fishing
year. Allocations shall be made by
applying the IFQ quota share
percentages that exist on September 1 of
a given fishing year to the IFQ TAL
pursuant to § 648.292(c), subject to any
deductions for overages pursuant to
paragraph (f) of this section. Amounts of
IFQ allocation of 0.5 lb (0.23 kg) or
smaller created by this calculation shall
be rounded downward to the nearest
whole number, and amounts of IFQ
allocation greater than 0.5 lb (0.23 kg)
shall be rounded upward to the nearest
whole number, so that annual IFQ
allocations are specified in whole
pounds.
(2) Allocations shall be issued in the
form of an annual IFQ allocation permit.
The IFQ allocation permit shall specify
the quota share percentage held by the
IFQ allocation permit holder and the
total pounds of tilefish that the IFQ
allocation permit holder is authorized to
harvest.
(3) In order to be eligible to hold
tilefish IFQ allocation, an individual
must be a U.S. citizen or permanent
resident alien. Businesses or other
entities that wish to hold allocation
must be eligible to own a documented
vessel under the terms of 46 U.S.C.
12103(b).
(b) Application—(1) General.
Applicants for a permit under this
section must submit a completed
application on an appropriate form
obtained from NMFS. The application
must be filled out completely and
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
49187
signed by the applicant. Each
application must include a declaration
of all interests in IFQ quota shares and
IFQ allocations, as defined in § 648.2,
listed by IFQ allocation permit number,
and must list all Federal vessel permit
numbers for all vessels that an applicant
owns or leases that would be authorized
to possess tilefish pursuant to the IFQ
allocation permit. The Regional
Administrator will notify the applicant
of any deficiency in the application.
(i) [Reserved]
(ii) Renewal applications.
Applications to renew an IFQ allocation
permit must be received by September
15 to be processed in time for the
November 1 start of the next fishing
year. Renewal applications received
after this date may not be approved, and
a new permit may not be issued before
the start of the next fishing year. An IFQ
allocation permit holder must renew
his/her IFQ allocation permit on an
annual basis by submitting an
application for such permit prior to the
end of the fishing year for which the
permit is required. Failure to renew an
IFQ allocation permit in any fishing
year will result in any IFQ quota share
held by that IFQ allocation permit
holder to be considered abandoned and
relinquished.
(2) Issuance. Except as provided in
subpart D of 15 CFR part 904, and
provided an application for such permit
is submitted by September 15, as
specified in paragraph (b)(1)(ii) of this
section, NMFS shall issue annual IFQ
allocation permits on or before October
31 to those who hold IFQ quota share
as of September 1 of the current fishing
year. From September 1 through
October 31, permanent transfer of IFQ
quota share is not permitted, as
described in paragraph (e)(4) of this
section.
(3) Duration. An annual IFQ
allocation permit is valid until October
31 of each fishing year unless it is
suspended, modified, or revoked
pursuant to 15 CFR part 904; revised
due to a transfer of all or part of the IFQ
quota share or annual IFQ allocation
under paragraph (e) of this section; or
suspended for non-payment of the cost
recovery fee as described in paragraph
(h)(4) of this section.
(4) IFQ Vessel. All Federal vessel
permit numbers that are listed on the
IFQ allocation permit are authorized to
possess tilefish pursuant to the IFQ
allocation permit until the end of the
fishing year or until NMFS receives
written notification from the IFQ
allocation permit holder that the vessel
is no longer authorized to possess
tilefish pursuant to the subject permit.
An IFQ allocation permit holder who
E:\FR\FM\13AUR1.SGM
13AUR1
ehiers on DSK2VPTVN1PROD with RULES
49188
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
wishes to authorize an additional
vessel(s) to possess tilefish pursuant to
the IFQ allocation permit must send
written notification to NMFS. This
notification must include the vessel
name and permit number, and the dates
on which the IFQ allocation permit
holder desires the vessel to be
authorized to land tilefish pursuant to
the IFQ allocation permit. A copy of the
IFQ allocation permit must be carried
on board each vessel so authorized to
possess IFQ tilefish.
(5) Alteration. An annual IFQ
allocation permit that is altered, erased,
or mutilated is invalid.
(6) Replacement. The Regional
Administrator may issue a replacement
permit upon written application of the
annual IFQ allocation permit holder.
(7) Transfer. The annual IFQ
allocation permit is valid only for the
person to whom it is issued. All or part
of the IFQ quota share or the annual IFQ
allocation specified in the IFQ
allocation permit may be transferred in
accordance with paragraph (e) of this
section.
(8) Abandonment or voluntary
relinquishment. Any IFQ allocation
permit that is voluntarily relinquished
to the Regional Administrator, or
deemed to have been voluntarily
relinquished for failure to pay a
recoverable cost fee, in accordance with
the requirements specified in paragraph
(h)(2) of this section, or for failure to
renew in accordance with paragraph
(b)(1)(ii) of this section, shall not be
reissued or renewed in a subsequent
year.
(c)–(d) [Reserved]
(e) Transferring IFQ allocations—(1)
Temporary transfers. Unless otherwise
restricted by the provisions in paragraph
(e)(3) of this section, the initial holder
of an annual IFQ allocation may transfer
the entire annual IFQ allocation, or a
portion of the annual IFQ allocation, to
any person or entity eligible to hold
tilefish IFQ allocation under paragraph
(a)(3) of this section. Annual IFQ
allocation transfers shall be effective
only for the fishing year in which the
transfer is requested and processed,
unless the applicant specifically
requests that the transfer be processed
for the subsequent fishing year. The
Regional Administrator has final
approval authority for all annual IFQ
allocation transfer requests. The
approval of a temporary transfer may be
rescinded if the Regional Administrator
finds that an emergency has rendered
the lessee unable to fish for the
transferred annual IFQ allocation, but
only if none of the transferred allocation
has been landed.
VerDate Mar<15>2010
15:29 Aug 12, 2013
Jkt 229001
(2) Permanent transfers. Unless
otherwise restricted by the provisions in
paragraph (e)(3) of this section, and
subject to final approval by the Regional
Administrator, a holder of IFQ quota
share may permanently transfer the
entire IFQ quota share allocation, or a
portion of the IFQ quota share
allocation, to any person or entity
eligible to hold tilefish IFQ allocation
under paragraph (a)(3) of this section.
(3) IFQ allocation transfer restrictions.
(i) If annual IFQ allocation is
temporarily transferred to any eligible
person or entity, it may not be
transferred again within the same
fishing year, unless the transfer is
rescinded due to an emergency, as
described in paragraph (e)(1) of this
section.
(ii) A transfer of IFQ allocation or
quota share will not be approved by the
Regional Administrator if it would
result in an entity holding, or having an
interest in, a percentage of IFQ
allocation exceeding 49 percent of the
total tilefish adjusted TAL.
(iii) For the purpose of calculating the
appropriate IFQ cost recovery fee, if the
holder of an IFQ allocation leases
additional IFQ allocation, the quantity
and value of landings made after the
date the lease is approved by the
Regional Administrator are attributed to
the transferred quota before being
attributed to the allocation holder’s base
IFQ allocation, if any exists. In the event
of multiple leases, landings would be
attributed to the leased allocations in
the order the leases were approved by
the Regional Administrator. As
described in paragraph (h) of this
section, a tilefish IFQ quota share
allocation holder shall incur a cost
recovery fee, based on the value of
landings of tilefish authorized under the
allocation holder’s annual tilefish IFQ
allocation, including allocation that is
leased to another IFQ allocation permit
holder.
(4) Application for an IFQ allocation
transfer. Any IFQ allocation permit
holder applying for either permanent
transfer of IFQ quota share or temporary
transfer of annual IFQ allocation must
submit a completed IFQ Allocation
Transfer Form, available from NMFS.
The IFQ Allocation Transfer Form must
be submitted to the NMFS Northeast
Regional Office at least 30 days before
the date on which the applicant desires
to have the IFQ allocation transfer
effective. The Regional Administrator
shall notify the applicants of any
deficiency in the application pursuant
to this section. Applications for
permanent IFQ quota share allocation
transfers must be received by September
1 to be processed and effective before
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
annual IFQ allocations are issued for the
next fishing year. Applications for
temporary IFQ allocation transfers must
be received by October 10 to be
processed for the current fishing year.
(i) Application information
requirements. An application to transfer
IFQ allocation must include the
following information: The type of
transfer (either temporary or
permanent); the signature of both parties
involved; the price paid for the transfer;
a declaration of the recipient’s eligibility
to receive IFQ allocation; the amount of
allocation or quota share to be
transferred; and a declaration, by IFQ
allocation permit number, of all the IFQ
allocations in which the person or entity
receiving the IFQ allocation has an
interest. The person or entity receiving
the IFQ allocation must indicate the
permit numbers of all federally
permitted vessels that will possess or
land the IFQ allocation. Information
obtained from the IFQ Allocation
Transfer Form is confidential pursuant
to 16 U.S.C. 1881a.
(ii) Approval of IFQ transfer
application. Unless an application to
transfer IFQ quota share and/or annual
IFQ allocation is denied according to
paragraph (e)(4)(iii) of this section, the
Regional Administrator shall issue
confirmation of application approval in
the form of a new or updated IFQ
allocation permit to the parties involved
in the transfer within 30 days of receipt
of a completed application.
(iii) Denial of IFQ transfer
application. The Regional Administrator
may reject an application to transfer IFQ
quota share or annual IFQ allocation for
the following reasons: The application
is incomplete; the transferor does not
possess a valid tilefish IFQ allocation
permit; the transferor’s or transferee’s
vessel or tilefish IFQ allocation permit
has been sanctioned pursuant to an
enforcement proceeding under 15 CFR
part 904; the transfer would result in the
transferee having a tilefish IFQ
allocation or holding IFQ quota share
that exceeds 49 percent of the adjusted
TAL allocated to IFQ allocation permit
holders; the transfer is to a person or
entity that is not eligible to hold tilefish
IFQ allocation under paragraph (a)(3) of
this section; the transferor or transferee
is delinquent in payment of an IFQ cost
recovery fee as described in paragraph
(h)(4) of this section; or any other failure
to meet the requirements of this subpart.
Upon denial of an application to
transfer IFQ allocation, the Regional
Administrator shall send a letter to the
applicant describing the reason(s) for
the denial. The decision by the Regional
Administrator is the final decision of
the Department of Commerce; there is
E:\FR\FM\13AUR1.SGM
13AUR1
ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
no opportunity for an administrative
appeal.
(f) IFQ allocation overages. If an IFQ
allocation is exceeded, including by
amounts of tilefish landed by a lessee in
excess of a temporary transfer of IFQ
allocation, the amount of the overage
will be deducted from the IFQ
shareholder’s allocation in the
subsequent fishing year(s). If an IFQ
allocation overage is not deducted from
the appropriate allocation before the
IFQ allocation permit is issued for the
subsequent fishing year, a revised IFQ
allocation permit reflecting the
deduction of the overage shall be issued
by NMFS. If the allocation cannot be
reduced in the subsequent fishing year
because the full allocation has already
been landed or transferred, the IFQ
allocation permit will indicate a
reduced allocation for the amount of the
overage in the next fishing year.
(g) IFQ allocation acquisition
restriction. No person or entity may
acquire more than 49 percent of the
annual adjusted tilefish TAL, specified
pursuant to § 648.294, at any point
during a fishing year. For purposes of
this paragraph, acquisition includes any
permanent transfer of IFQ quota share or
temporary transfer of annual IFQ
allocation. The calculation of IFQ
allocation for purposes of the restriction
on acquisition includes IFQ allocation
interests held by: A company in which
the IFQ holder is a shareholder, officer,
or partner; an immediate family
member; or a company in which the IFQ
holder is a part owner or partner.
(h) IFQ cost recovery. As required
under section 304(d)(2)(A)(i) of the
Magnuson-Stevens Act, the Regional
Administrator shall collect a fee to
recover the actual costs directly related
to the management, data collection and
analysis, and enforcement of the tilefish
IFQ program.
(1) Payment responsibility. Each
tilefish IFQ allocation permit holder
with quota share shall incur a cost
recovery fee annually, based on the
value of landings of tilefish authorized
under his/her tilefish IFQ allocation,
including allocation that he/she leases
to another IFQ allocation permit holder.
The tilefish IFQ allocation permit
holder is responsible for paying the fee
assessed by NMFS.
(2) IFQ fee determination. The tilefish
IFQ cost recovery billing period runs
annually from January 1 through
December 31.
(i) Determination of total recoverable
costs. The Regional Administrator shall
determine the actual costs directly
associated with the management, data
collection and analysis, and
enforcement of the tilefish IFQ program
VerDate Mar<15>2010
15:29 Aug 12, 2013
Jkt 229001
incurred by NMFS during the cost
recovery billing period.
(ii) Calculating fee percentage. The
recoverable costs determined by the
Regional Administrator will be divided
by the total ex-vessel value of all tilefish
IFQ landings during the cost recovery
billing period to derive a fee percentage.
Each IFQ allocation permit holder with
quota share will be assessed a fee based
on the fee percentage multiplied by the
total ex-vessel value of all landings
under his/her IFQ allocation permit,
including landings of allocation that
was leased to another IFQ allocation
permit holder.
(A) The ex-vessel value for each
pound of tilefish landed by an IFQ
allocation permit holder shall be
determined from Northeast Federal
dealer reports submitted to NMFS,
which include the price per pound paid
to the vessel at the time of dealer
purchase.
(B) The cost recovery fee percentage
shall not exceed 3 percent of the total
value of tilefish landings, as required
under section 304(d)(2)(B) of the
Magnuson-Stevens Act.
(3) Fee payment procedure. NMFS
will create an annual IFQ allocation bill
for each cost recovery billing period and
provide it to IFQ allocation permit
holders with quota share. The bill will
include information regarding the
amount and value of IFQ allocation
landed during the prior cost recovery
billing period, and the associated cost
recovery fees.
(i) Payment due date. An IFQ
allocation permit holder who has
incurred a cost recovery fee must pay
the fee to NMFS within 45 days of the
date of the bill.
(ii) Payment submission method. Cost
recovery payments shall be made
electronically via the Federal Web
portal, www.pay.gov, or other Internet
sites designated by the Regional
Administrator. Instructions for
electronic payment shall be available on
both the payment Web site and the cost
recovery fee bill. Electronic payment
options shall include payment via a
credit card, as specified in the cost
recovery bill, or via direct automated
clearing house (ACH) withdrawal from
a designated checking account.
Alternatively, payment by check may be
authorized by Regional Administrator if
he/she determines that electronic
payment is not practicable.
(4) Payment compliance. If an IFQ
allocation permit holder does not
submit full payment by the due date
described in paragraph (h)(3)(i) of this
section, the Regional Administrator
may:
PO 00000
Frm 00081
Fmt 4700
Sfmt 4700
49189
(i) At any time thereafter, notify the
IFQ allocation permit holder in writing
that his/her IFQ allocation permit is
suspended, thereby prohibiting landings
of tilefish above the incidental limit, as
specified at § 648.295.
(ii) Disapprove any transfer of annual
tilefish allocation or quota share to or
from the IFQ allocation permit holder as
described in paragraph (e)(4)(iii) of this
section, until such time as the amount
due is paid.
(iii) Deny renewal of the IFQ
allocation permit if it had not yet been
issued for the current year, or deny
renewal of the IFQ allocation permit for
the following year.
(iv) If the fee amount is not appealed,
the Regional Administrator may issue a
Final Administrative Determination
(FAD) as described in paragraph (h)(5)
of this section, based upon available
information.
(5) Appeal of IFQ fee amount. If a
tilefish IFQ allocation permit holder
disagrees with the fee amount
determined by NMFS, he/she may
appeal the cost recovery bill.
(i) IFQ fee appeals must be submitted
to NMFS in writing before the due date
described in paragraph (h)(3)(i) of this
section.
(ii) The IFQ allocation permit holder
shall have the burden of demonstrating
that the fee amount calculated by NMFS
is incorrect and what the correct amount
is.
(iii) If a request to appeal is submitted
on time, the Regional Administrator
shall notify the IFQ allocation permit
holder in writing, acknowledging the
appeal and providing 30 days to submit
any additional relevant documentation
supporting an alternative fee amount.
(iv) While the IFQ fee is under appeal
and the tilefish IFQ allocation permit is
suspended, as described in paragraph
(h)(4) of this section, the IFQ allocation
permit holder may request a Letter of
Authorization to fish until the appeal is
concluded. Any tilefish landed pursuant
to the above authorization will count
against the IFQ allocation permit, if
issued.
(v) Final Administrative
Determination (FAD). Based on a review
of available information, including any
documentation submitted by the IFQ
allocation permit holder in support of
the appropriateness of a different fee
amount, the Regional Administrator
shall determine whether there is a
reasonable basis upon which to
conclude that an alternate fee amount is
correct. This determination shall be set
forth in a FAD that is signed by the
Regional Administrator. A FAD shall be
the final decision of the Department of
Commerce.
E:\FR\FM\13AUR1.SGM
13AUR1
49190
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
(A) The IFQ allocation permit holder
shall have 30 days from the date of the
FAD to comply with the terms of the
FAD.
(B) If the IFQ allocation permit holder
does not comply with the terms of the
FAD within this period, the Regional
Administrator shall:
(1) Refer the matter to the appropriate
authorities within the U.S. Department
of the Treasury for purposes of
collection; and
(2) Cancel any Letter of Authorization
to fish that had been issued during the
appeal.
(vi) If NMFS does not receive full
payment of an IFQ cost recovery fee
prior to the end of the cost recovery
billing period immediately following
the one for which the fee was incurred,
the subject IFQ allocation permit and
any associated IFQ quota share shall be
deemed to have been voluntarily
relinquished pursuant to paragraph
(b)(8) of this section.
(6) Annual cost recovery report.
NMFS will publish annually a report on
the status of the tilefish IFQ cost
recovery program. The report will
provide details of the costs incurred by
NMFS for the management,
enforcement, and data collection and
analysis associated with the tilefish IFQ
program during the prior cost recovery
billing period, and other relevant
information at the discretion of the
Regional Administrator.
(i) Periodic review of the IFQ program.
A formal review of the IFQ program
must be conducted by the MAFMC
within 5 years of the effective date of
the final regulations. Thereafter, it shall
be incorporated into every scheduled
MAFMC review of the FMP (i.e., future
amendments or frameworks), but no less
frequently than every 7 years.
[FR Doc. 2013–19561 Filed 8–12–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120814338–2711–02]
ehiers on DSK2VPTVN1PROD with RULES
RIN 0648–BD47
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Mar<15>2010
15:29 Aug 12, 2013
Jkt 229001
Final rule; inseason adjustments
to biennial groundfish management
measures.
ACTION:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time)
August 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (Northwest Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736, gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpo.gov/fdsys/search/home.action.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/.
Background
The PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
On November 14, 2012, NMFS
published a proposed rule to implement
the 2013–2014 harvest specifications
and management measures for most
species of the Pacific Coast groundfish
fishery (77 FR 67974). The final rule to
implement the 2013–2014 harvest
specifications and management
measures for most species of the Pacific
Coast Groundfish Fishery was published
on January 3, 2013 (78 FR 580).
The Council, in consultation with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommended the changes to
current groundfish management
measures at its June 18–June 25, 2013
meeting. Management measures are
designed to meet two primary goals: To
achieve, to the extent possible, but not
exceed, annual catch limits (ACLs) of
target species; and to foster the
rebuilding of overfished stocks by
keeping harvest within their rebuilding
ACLs. The Council recommended
PO 00000
Frm 00082
Fmt 4700
Sfmt 4700
adjusting groundfish management
measures to respond to updated fishery
information and additional inseason
management needs. Those changes to
management measures are implemented
in this action. The adjustments to
fishery management measures are not
expected to result in greater impacts to
overfished species, except for bocaccio,
than originally projected through the
end of the year.
Fishery Management Measures for the
Limited Entry Fixed Gear (LEFG) and
Open Access (OA) Sablefish Daily Trip
Limit (DTL) Fisheries North of 36≥ N.
Lat.
To increase harvest opportunities for
the LEFG and OA fixed gear sablefish
DTL fisheries north of 36° N. lat., the
Council considered increases to trip
limits. The Council’s Groundfish
Management Team (GMT) made modelbased landings projections for the LEFG
and OA fixed gear sablefish DTL
fisheries north of 36° N. lat. for the
remainder of the year. These projections
were based on the most recent
information available. The model
predicted harvest of 84 percent (165 mt)
of the LEFG harvest guideline (197 mt)
and 82 percent (239 mt) of the OA
harvest guideline (291 mt) under current
trip limits. With the increase in trip
limits, predicted harvest is 94 percent
(185 mt) of the LEFG harvest guideline
(197 mt) and 94 percent (274 mt) of the
OA harvest guideline (291 mt).
Projections for the fixed gear sablefish
fisheries south of 36° N. lat. were
tracking within their targets and no
inseason actions were considered.
Therefore, the Council recommended
and NMFS is implementing trip limit
changes for the LEFG and the OA
sablefish DTL fisheries north of 36° N.
lat. The trip limits for sablefish in the
LEFG fishery north of 36° N. lat.
increase from ‘‘950 lb (431 kg) per week,
not to exceed 2,850 lb (1,293 kg) per two
months’’ to ‘‘1,110 lb (499 kg) per week,
not to exceed 3,300 lb (1,497 kg) per two
months’’ beginning in period 4 through
the end of the year.
The trip limits for sablefish in the OA
sablefish DTL fishery north of 36° N. lat.
are increased from ‘‘300 lb (136 kg) per
day, or one landing per week of up to
700 lb (318 kg), not to exceed 1,400 lb
(635 kg) per two months’’ to ‘‘300 lb
(136 kg) per day, or one landing per
week of up to 800 lb (363 kg), not to
exceed 1,600 lb (726 kg) per two
months’’ beginning in period 4 through
the end of the year.
E:\FR\FM\13AUR1.SGM
13AUR1
]]>Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49186-49190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19561]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120416018-3679-02]
RIN 0648-BC05
Fisheries of the Northeastern United States; Tilefish Fishery
Management Plan; Regulatory Amendment, Corrections, and Clarifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action makes corrections, clarifications, and other
modifications to the regulations that implemented the Tilefish
Individual Fishing Quota Program. These changes will not affect the
fishing operation of any vessel.
DATES: Effective September 12, 2013.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
phone (978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2009, NMFS published a final rule (74 FR 42580) to
implement provisions of Amendment 1 to the Tilefish Fishery Management
Plan (FMP) (Amendment 1). Amendment 1 included a new structure for
managing the commercial tilefish fishery using an individual fishing
quota (IFQ) system. The new tilefish IFQ program became effective
November 1, 2009. After 3 years of operation, it has become apparent
that some of the implementing regulations need to be clarified,
corrected, or modified to better reflect the intent of Amendment 1.
On March 28, 2013, NMFS published a proposed rule in the Federal
Register (78 FR 18947) proposing several minor corrections,
clarifications, and modifications to the regulations implementing
Amendment 1. Comments on the proposed rule were accepted through April
29, 2013. No comments were received on the measures, and the measures,
as proposed, are implemented by this final rule.
The purpose of this action is to clarify, correct, and/or modify
certain provisions of the tilefish IFQ program's implementing
regulations to clarify potentially confusing regulatory language, and
to better reflect the intent of Amendment 1 and current practices under
the tilefish IFQ program. Specifically, this action (1) Clarifies the
two aspects of tilefish IFQ allocation by differentiating between quota
share and quota pounds, and removes suggestions that either are
``owned'' or ``permanent;'' (2) specifies in the regulations that
tilefish landings may be reported through the Interactive Voice
Response system, or through another system approved by the NMFS
Northeast Regional Administrator, to allow for the future development
of an online reporting option; (3) corrects cross-references within the
regulations pertaining to the Research Set-Aside Program; (4) revises
language and cross-references in the regulations to clarify that
permanent resident aliens are allowed to hold a tilefish IFQ allocation
permit, as specified in Amendment 1; (5) modifies the regulations to
extend the deadline for quota pound transfers from September 1 to
October 10 of each fishing year; and (6) modifies the regulations
governing the cost recovery fee collection system to reflect current
fee collection practices and the intent of Amendment 1 to ensure clear
and efficient collection of the required cost-recovery fees. Additional
detail and explanation regarding the reason for these changes are
provided in the proposed rule and are not repeated here.
Changes From the Proposed Rule
The proposed regulatory text regarding IFQ transfer applications
inadvertently used the less specific term ``catch share.'' The
regulatory language has been corrected to use the more appropriate term
``quota share,'' consistent with the terminology used in rest of that
regulatory paragraph. The introductory text on IFQ transfer
applications has been adjusted to more clearly explain why applications
for permanent transfers are due before September 1, while applications
for temporary transfers are due before October 10.
Comments and Responses
NMFS received no comments on the proposed rule.
Classification
The Administrator, Northeast Region, NMFS, determined that this
final rule is necessary for the management of the tilefish fishery and
that it is consistent with the Tilefish FMP, the Magnuson-Stevens
Fishery Conservation and Management Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act,
and prior to SBA's June 20, 2013, final rule, a certification was
developed for this action using SBA's former size standards. Subsequent
to the June 20, 2013, rule, NMFS has reviewed the certification
prepared for this action in light of the new size standards. Under the
former, lower size standards, all entities subject to this action were
considered small entities, thus they all would continue to be
considered small under the new standards. NMFS has determined that the
new size standards do not affect the analyses prepared for this action.
[[Page 49187]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 8, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, the definitions of ``Interest in an IFQ allocation''
and ``Lessee'' are revised to read as follows:
Sec. 648.2 Definitions.
* * * * *
Interest in an IFQ allocation means: An allocation of quota share
or annual IFQ allocation held by an individual; or by a company in
which the individual is an owner, part owner, officer, shareholder, or
partner; or by an immediate family member (an individual's parents,
spouse, children, and siblings).
* * * * *
Lessee means:
(1) A vessel owner who receives temporarily transferred NE
multispecies DAS from another vessel through the DAS Leasing Program
specified at Sec. 648.82(k); or
(2) A person or entity eligible to hold tilefish IFQ allocation,
who receives temporarily transferred tilefish IFQ allocation, as
specified at Sec. 648.294(e)(1).
* * * * *
0
3. In Sec. 648.7, paragraph (b)(2)(ii) is revised to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(2) * * *
(ii) Tilefish vessel owners or operators. The owner or operator of
any vessel fishing under a tilefish IFQ allocation permit issued under
this part, as described in Sec. 648.294(a), must submit a tilefish
catch report by using the IVR system, or other reporting system
approved by the Regional Administrator, within 48 hours after returning
to port and offloading. The report shall include at least the following
information, and any other information required by the Regional
Administrator: Vessel identification; trip during which tilefish are
caught; pounds landed; VTR pre-printed serial number; and the Federal
dealer number for the dealer who purchases the tilefish. This reporting
requirement does not exempt the owner or operator from other applicable
reporting requirements of this section.
* * * * *
0
4. In Sec. 648.292, paragraph (e) is revised to read as follows:
Sec. 648.292 Tilefish specifications.
* * * * *
(e) Research quota. See Sec. 648.22(g).
0
5. Section 648.294 is revised to read as follows:
Sec. 648.294 Individual fishing quota (IFQ) program.
(a) IFQ allocation permits. (1) After adjustments for incidental
catch, research set-asides, and overages, as appropriate, pursuant to
Sec. 648.292(c), the Regional Administrator shall divide the remaining
TAL among the IFQ quota share holders who held IFQ quota share as of
September 1 of a given fishing year. Allocations shall be made by
applying the IFQ quota share percentages that exist on September 1 of a
given fishing year to the IFQ TAL pursuant to Sec. 648.292(c), subject
to any deductions for overages pursuant to paragraph (f) of this
section. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or smaller
created by this calculation shall be rounded downward to the nearest
whole number, and amounts of IFQ allocation greater than 0.5 lb (0.23
kg) shall be rounded upward to the nearest whole number, so that annual
IFQ allocations are specified in whole pounds.
(2) Allocations shall be issued in the form of an annual IFQ
allocation permit. The IFQ allocation permit shall specify the quota
share percentage held by the IFQ allocation permit holder and the total
pounds of tilefish that the IFQ allocation permit holder is authorized
to harvest.
(3) In order to be eligible to hold tilefish IFQ allocation, an
individual must be a U.S. citizen or permanent resident alien.
Businesses or other entities that wish to hold allocation must be
eligible to own a documented vessel under the terms of 46 U.S.C.
12103(b).
(b) Application--(1) General. Applicants for a permit under this
section must submit a completed application on an appropriate form
obtained from NMFS. The application must be filled out completely and
signed by the applicant. Each application must include a declaration of
all interests in IFQ quota shares and IFQ allocations, as defined in
Sec. 648.2, listed by IFQ allocation permit number, and must list all
Federal vessel permit numbers for all vessels that an applicant owns or
leases that would be authorized to possess tilefish pursuant to the IFQ
allocation permit. The Regional Administrator will notify the applicant
of any deficiency in the application.
(i) [Reserved]
(ii) Renewal applications. Applications to renew an IFQ allocation
permit must be received by September 15 to be processed in time for the
November 1 start of the next fishing year. Renewal applications
received after this date may not be approved, and a new permit may not
be issued before the start of the next fishing year. An IFQ allocation
permit holder must renew his/her IFQ allocation permit on an annual
basis by submitting an application for such permit prior to the end of
the fishing year for which the permit is required. Failure to renew an
IFQ allocation permit in any fishing year will result in any IFQ quota
share held by that IFQ allocation permit holder to be considered
abandoned and relinquished.
(2) Issuance. Except as provided in subpart D of 15 CFR part 904,
and provided an application for such permit is submitted by September
15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall
issue annual IFQ allocation permits on or before October 31 to those
who hold IFQ quota share as of September 1 of the current fishing year.
From September 1 through October 31, permanent transfer of IFQ quota
share is not permitted, as described in paragraph (e)(4) of this
section.
(3) Duration. An annual IFQ allocation permit is valid until
October 31 of each fishing year unless it is suspended, modified, or
revoked pursuant to 15 CFR part 904; revised due to a transfer of all
or part of the IFQ quota share or annual IFQ allocation under paragraph
(e) of this section; or suspended for non-payment of the cost recovery
fee as described in paragraph (h)(4) of this section.
(4) IFQ Vessel. All Federal vessel permit numbers that are listed
on the IFQ allocation permit are authorized to possess tilefish
pursuant to the IFQ allocation permit until the end of the fishing year
or until NMFS receives written notification from the IFQ allocation
permit holder that the vessel is no longer authorized to possess
tilefish pursuant to the subject permit. An IFQ allocation permit
holder who
[[Page 49188]]
wishes to authorize an additional vessel(s) to possess tilefish
pursuant to the IFQ allocation permit must send written notification to
NMFS. This notification must include the vessel name and permit number,
and the dates on which the IFQ allocation permit holder desires the
vessel to be authorized to land tilefish pursuant to the IFQ allocation
permit. A copy of the IFQ allocation permit must be carried on board
each vessel so authorized to possess IFQ tilefish.
(5) Alteration. An annual IFQ allocation permit that is altered,
erased, or mutilated is invalid.
(6) Replacement. The Regional Administrator may issue a replacement
permit upon written application of the annual IFQ allocation permit
holder.
(7) Transfer. The annual IFQ allocation permit is valid only for
the person to whom it is issued. All or part of the IFQ quota share or
the annual IFQ allocation specified in the IFQ allocation permit may be
transferred in accordance with paragraph (e) of this section.
(8) Abandonment or voluntary relinquishment. Any IFQ allocation
permit that is voluntarily relinquished to the Regional Administrator,
or deemed to have been voluntarily relinquished for failure to pay a
recoverable cost fee, in accordance with the requirements specified in
paragraph (h)(2) of this section, or for failure to renew in accordance
with paragraph (b)(1)(ii) of this section, shall not be reissued or
renewed in a subsequent year.
(c)-(d) [Reserved]
(e) Transferring IFQ allocations--(1) Temporary transfers. Unless
otherwise restricted by the provisions in paragraph (e)(3) of this
section, the initial holder of an annual IFQ allocation may transfer
the entire annual IFQ allocation, or a portion of the annual IFQ
allocation, to any person or entity eligible to hold tilefish IFQ
allocation under paragraph (a)(3) of this section. Annual IFQ
allocation transfers shall be effective only for the fishing year in
which the transfer is requested and processed, unless the applicant
specifically requests that the transfer be processed for the subsequent
fishing year. The Regional Administrator has final approval authority
for all annual IFQ allocation transfer requests. The approval of a
temporary transfer may be rescinded if the Regional Administrator finds
that an emergency has rendered the lessee unable to fish for the
transferred annual IFQ allocation, but only if none of the transferred
allocation has been landed.
(2) Permanent transfers. Unless otherwise restricted by the
provisions in paragraph (e)(3) of this section, and subject to final
approval by the Regional Administrator, a holder of IFQ quota share may
permanently transfer the entire IFQ quota share allocation, or a
portion of the IFQ quota share allocation, to any person or entity
eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this
section.
(3) IFQ allocation transfer restrictions. (i) If annual IFQ
allocation is temporarily transferred to any eligible person or entity,
it may not be transferred again within the same fishing year, unless
the transfer is rescinded due to an emergency, as described in
paragraph (e)(1) of this section.
(ii) A transfer of IFQ allocation or quota share will not be
approved by the Regional Administrator if it would result in an entity
holding, or having an interest in, a percentage of IFQ allocation
exceeding 49 percent of the total tilefish adjusted TAL.
(iii) For the purpose of calculating the appropriate IFQ cost
recovery fee, if the holder of an IFQ allocation leases additional IFQ
allocation, the quantity and value of landings made after the date the
lease is approved by the Regional Administrator are attributed to the
transferred quota before being attributed to the allocation holder's
base IFQ allocation, if any exists. In the event of multiple leases,
landings would be attributed to the leased allocations in the order the
leases were approved by the Regional Administrator. As described in
paragraph (h) of this section, a tilefish IFQ quota share allocation
holder shall incur a cost recovery fee, based on the value of landings
of tilefish authorized under the allocation holder's annual tilefish
IFQ allocation, including allocation that is leased to another IFQ
allocation permit holder.
(4) Application for an IFQ allocation transfer. Any IFQ allocation
permit holder applying for either permanent transfer of IFQ quota share
or temporary transfer of annual IFQ allocation must submit a completed
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation
Transfer Form must be submitted to the NMFS Northeast Regional Office
at least 30 days before the date on which the applicant desires to have
the IFQ allocation transfer effective. The Regional Administrator shall
notify the applicants of any deficiency in the application pursuant to
this section. Applications for permanent IFQ quota share allocation
transfers must be received by September 1 to be processed and effective
before annual IFQ allocations are issued for the next fishing year.
Applications for temporary IFQ allocation transfers must be received by
October 10 to be processed for the current fishing year.
(i) Application information requirements. An application to
transfer IFQ allocation must include the following information: The
type of transfer (either temporary or permanent); the signature of both
parties involved; the price paid for the transfer; a declaration of the
recipient's eligibility to receive IFQ allocation; the amount of
allocation or quota share to be transferred; and a declaration, by IFQ
allocation permit number, of all the IFQ allocations in which the
person or entity receiving the IFQ allocation has an interest. The
person or entity receiving the IFQ allocation must indicate the permit
numbers of all federally permitted vessels that will possess or land
the IFQ allocation. Information obtained from the IFQ Allocation
Transfer Form is confidential pursuant to 16 U.S.C. 1881a.
(ii) Approval of IFQ transfer application. Unless an application to
transfer IFQ quota share and/or annual IFQ allocation is denied
according to paragraph (e)(4)(iii) of this section, the Regional
Administrator shall issue confirmation of application approval in the
form of a new or updated IFQ allocation permit to the parties involved
in the transfer within 30 days of receipt of a completed application.
(iii) Denial of IFQ transfer application. The Regional
Administrator may reject an application to transfer IFQ quota share or
annual IFQ allocation for the following reasons: The application is
incomplete; the transferor does not possess a valid tilefish IFQ
allocation permit; the transferor's or transferee's vessel or tilefish
IFQ allocation permit has been sanctioned pursuant to an enforcement
proceeding under 15 CFR part 904; the transfer would result in the
transferee having a tilefish IFQ allocation or holding IFQ quota share
that exceeds 49 percent of the adjusted TAL allocated to IFQ allocation
permit holders; the transfer is to a person or entity that is not
eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this
section; the transferor or transferee is delinquent in payment of an
IFQ cost recovery fee as described in paragraph (h)(4) of this section;
or any other failure to meet the requirements of this subpart. Upon
denial of an application to transfer IFQ allocation, the Regional
Administrator shall send a letter to the applicant describing the
reason(s) for the denial. The decision by the Regional Administrator is
the final decision of the Department of Commerce; there is
[[Page 49189]]
no opportunity for an administrative appeal.
(f) IFQ allocation overages. If an IFQ allocation is exceeded,
including by amounts of tilefish landed by a lessee in excess of a
temporary transfer of IFQ allocation, the amount of the overage will be
deducted from the IFQ shareholder's allocation in the subsequent
fishing year(s). If an IFQ allocation overage is not deducted from the
appropriate allocation before the IFQ allocation permit is issued for
the subsequent fishing year, a revised IFQ allocation permit reflecting
the deduction of the overage shall be issued by NMFS. If the allocation
cannot be reduced in the subsequent fishing year because the full
allocation has already been landed or transferred, the IFQ allocation
permit will indicate a reduced allocation for the amount of the overage
in the next fishing year.
(g) IFQ allocation acquisition restriction. No person or entity may
acquire more than 49 percent of the annual adjusted tilefish TAL,
specified pursuant to Sec. 648.294, at any point during a fishing
year. For purposes of this paragraph, acquisition includes any
permanent transfer of IFQ quota share or temporary transfer of annual
IFQ allocation. The calculation of IFQ allocation for purposes of the
restriction on acquisition includes IFQ allocation interests held by: A
company in which the IFQ holder is a shareholder, officer, or partner;
an immediate family member; or a company in which the IFQ holder is a
part owner or partner.
(h) IFQ cost recovery. As required under section 304(d)(2)(A)(i) of
the Magnuson-Stevens Act, the Regional Administrator shall collect a
fee to recover the actual costs directly related to the management,
data collection and analysis, and enforcement of the tilefish IFQ
program.
(1) Payment responsibility. Each tilefish IFQ allocation permit
holder with quota share shall incur a cost recovery fee annually, based
on the value of landings of tilefish authorized under his/her tilefish
IFQ allocation, including allocation that he/she leases to another IFQ
allocation permit holder. The tilefish IFQ allocation permit holder is
responsible for paying the fee assessed by NMFS.
(2) IFQ fee determination. The tilefish IFQ cost recovery billing
period runs annually from January 1 through December 31.
(i) Determination of total recoverable costs. The Regional
Administrator shall determine the actual costs directly associated with
the management, data collection and analysis, and enforcement of the
tilefish IFQ program incurred by NMFS during the cost recovery billing
period.
(ii) Calculating fee percentage. The recoverable costs determined
by the Regional Administrator will be divided by the total ex-vessel
value of all tilefish IFQ landings during the cost recovery billing
period to derive a fee percentage. Each IFQ allocation permit holder
with quota share will be assessed a fee based on the fee percentage
multiplied by the total ex-vessel value of all landings under his/her
IFQ allocation permit, including landings of allocation that was leased
to another IFQ allocation permit holder.
(A) The ex-vessel value for each pound of tilefish landed by an IFQ
allocation permit holder shall be determined from Northeast Federal
dealer reports submitted to NMFS, which include the price per pound
paid to the vessel at the time of dealer purchase.
(B) The cost recovery fee percentage shall not exceed 3 percent of
the total value of tilefish landings, as required under section
304(d)(2)(B) of the Magnuson-Stevens Act.
(3) Fee payment procedure. NMFS will create an annual IFQ
allocation bill for each cost recovery billing period and provide it to
IFQ allocation permit holders with quota share. The bill will include
information regarding the amount and value of IFQ allocation landed
during the prior cost recovery billing period, and the associated cost
recovery fees.
(i) Payment due date. An IFQ allocation permit holder who has
incurred a cost recovery fee must pay the fee to NMFS within 45 days of
the date of the bill.
(ii) Payment submission method. Cost recovery payments shall be
made electronically via the Federal Web portal, www.pay.gov, or other
Internet sites designated by the Regional Administrator. Instructions
for electronic payment shall be available on both the payment Web site
and the cost recovery fee bill. Electronic payment options shall
include payment via a credit card, as specified in the cost recovery
bill, or via direct automated clearing house (ACH) withdrawal from a
designated checking account. Alternatively, payment by check may be
authorized by Regional Administrator if he/she determines that
electronic payment is not practicable.
(4) Payment compliance. If an IFQ allocation permit holder does not
submit full payment by the due date described in paragraph (h)(3)(i) of
this section, the Regional Administrator may:
(i) At any time thereafter, notify the IFQ allocation permit holder
in writing that his/her IFQ allocation permit is suspended, thereby
prohibiting landings of tilefish above the incidental limit, as
specified at Sec. 648.295.
(ii) Disapprove any transfer of annual tilefish allocation or quota
share to or from the IFQ allocation permit holder as described in
paragraph (e)(4)(iii) of this section, until such time as the amount
due is paid.
(iii) Deny renewal of the IFQ allocation permit if it had not yet
been issued for the current year, or deny renewal of the IFQ allocation
permit for the following year.
(iv) If the fee amount is not appealed, the Regional Administrator
may issue a Final Administrative Determination (FAD) as described in
paragraph (h)(5) of this section, based upon available information.
(5) Appeal of IFQ fee amount. If a tilefish IFQ allocation permit
holder disagrees with the fee amount determined by NMFS, he/she may
appeal the cost recovery bill.
(i) IFQ fee appeals must be submitted to NMFS in writing before the
due date described in paragraph (h)(3)(i) of this section.
(ii) The IFQ allocation permit holder shall have the burden of
demonstrating that the fee amount calculated by NMFS is incorrect and
what the correct amount is.
(iii) If a request to appeal is submitted on time, the Regional
Administrator shall notify the IFQ allocation permit holder in writing,
acknowledging the appeal and providing 30 days to submit any additional
relevant documentation supporting an alternative fee amount.
(iv) While the IFQ fee is under appeal and the tilefish IFQ
allocation permit is suspended, as described in paragraph (h)(4) of
this section, the IFQ allocation permit holder may request a Letter of
Authorization to fish until the appeal is concluded. Any tilefish
landed pursuant to the above authorization will count against the IFQ
allocation permit, if issued.
(v) Final Administrative Determination (FAD). Based on a review of
available information, including any documentation submitted by the IFQ
allocation permit holder in support of the appropriateness of a
different fee amount, the Regional Administrator shall determine
whether there is a reasonable basis upon which to conclude that an
alternate fee amount is correct. This determination shall be set forth
in a FAD that is signed by the Regional Administrator. A FAD shall be
the final decision of the Department of Commerce.
[[Page 49190]]
(A) The IFQ allocation permit holder shall have 30 days from the
date of the FAD to comply with the terms of the FAD.
(B) If the IFQ allocation permit holder does not comply with the
terms of the FAD within this period, the Regional Administrator shall:
(1) Refer the matter to the appropriate authorities within the U.S.
Department of the Treasury for purposes of collection; and
(2) Cancel any Letter of Authorization to fish that had been issued
during the appeal.
(vi) If NMFS does not receive full payment of an IFQ cost recovery
fee prior to the end of the cost recovery billing period immediately
following the one for which the fee was incurred, the subject IFQ
allocation permit and any associated IFQ quota share shall be deemed to
have been voluntarily relinquished pursuant to paragraph (b)(8) of this
section.
(6) Annual cost recovery report. NMFS will publish annually a
report on the status of the tilefish IFQ cost recovery program. The
report will provide details of the costs incurred by NMFS for the
management, enforcement, and data collection and analysis associated
with the tilefish IFQ program during the prior cost recovery billing
period, and other relevant information at the discretion of the
Regional Administrator.
(i) Periodic review of the IFQ program. A formal review of the IFQ
program must be conducted by the MAFMC within 5 years of the effective
date of the final regulations. Thereafter, it shall be incorporated
into every scheduled MAFMC review of the FMP (i.e., future amendments
or frameworks), but no less frequently than every 7 years.
[FR Doc. 2013-19561 Filed 8-12-13; 8:45 am]
BILLING CODE 3510-22-P
