Fisheries of the Exclusive Economic Zone Off Alaska; IFQ Program; Modify Medical and Beneficiary Transfer Provisions, 8477-8481 [2020-02878]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8477-8481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02878]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No.: 200206-0048]
RIN 0648-BJ07


Fisheries of the Exclusive Economic Zone Off Alaska; IFQ Program; 
Modify Medical and Beneficiary Transfer Provisions

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to modify the medical and beneficiary 
transfer provisions of the Individual Fishing Quota (IFQ) Program for 
the fixed-gear commercial Pacific halibut and sablefish fisheries. This 
final rule is intended to simplify administration of the medical and 
beneficiary transfer provisions while promoting the long-standing 
objective of maintaining an owner-operated IFQ fishery. This final rule 
makes minor technical corrections to regulations for improved accuracy 
and clarity. This final rule is intended to promote the goals and 
objectives of the IFQ Program, the Magnuson-Stevens Fishery 
Conservation and Management Act, the Northern Pacific Halibut Act of 
1982, and other applicable laws.

DATES: This final rule is effective on March 16, 2020.

ADDRESSES: Electronic copies of the Regulatory Impact Review (referred 
to as the ``Analysis'') and the Categorical Exclusion prepared for this 
final rule may be obtained from https://www.regulations.gov or from the 
NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS published the proposed rule in the 
Federal Register on October 24, 2019 (84 FR 56998) with public comments 
invited through November 25, 2019.
    The North Pacific Fishery Management Council (Council) recommended 
this final rule, which clarifies the administration of the IFQ Program 
medical transfer and beneficiary transfer provisions. These changes 
benefit IFQ Program participants, their beneficiaries, and NMFS by 
providing clear standards, reducing potential inconsistencies with 
other definitions used for other state or Federal programs, and 
reducing administrative costs and burdens associated with existing 
regulatory provisions.
    The following background sections describe (1) the IFQ Program, (2) 
the IFQ medical transfer provision, (3) the IFQ beneficiary transfer 
provision, and (4) the appeals process. Additional detail is provided 
in the preamble to the proposed rule (84 FR 56998, October 24, 2019).

Background

The IFQ Program

    The commercial halibut and sablefish fisheries in the GOA and the 
BSAI management areas are managed under the IFQ Program that was 
implemented in 1995 (58 FR 59375, November 9, 1993). The Council and 
NMFS developed the IFQ Program to resolve the conservation and 
management problems commonly associated with open access fisheries. The 
preamble to the proposed rule published on December 3, 1992 (57 FR 
57130), describes the background issues leading to the Council's 
initial action recommending the adoption of the IFQ Program. Section 
2.2 of the Analysis and the preamble of the proposed rule (see 
ADDRESSES) provide additional information on the sablefish and halibut 
IFQ Program.
    The Council and NMFS created the provisions of the IFQ Program to 
support the conservation and management objectives of the Magnuson-
Stevens Act and the Halibut Act while retaining the ``owner-operator'' 
character of the fishing fleets as much as possible.

Medical Transfer Provision

    The IFQ Program includes a medical transfer provision that allows 
quota share (QS) holders of catcher vessel QS (referred to as class B, 
C, and D QS shares) who are not otherwise eligible to use a hired 
master to temporarily transfer (lease) their annual IFQ to another 
individual if the QS holder or an immediate family member has a 
temporary medical condition that precludes the QS holder from fishing 
(72 FR 44795, August 9, 2007). This provision allows QS holders with a 
temporary medical condition, or caring for an immediate family member 
with a medical condition, that would preclude the QS holder from 
fishing during a season, to transfer their annual IFQ to another 
qualified individual. In recommending this medical transfer provision, 
the Council and NMFS balanced the objective to limit long-term leasing 
of QS to promote an owner-onboard fishery with its recognition that a 
medical transfer provision would provide a mechanism for QS holders to 
retain their QS during bona fide medical hardships.
    Prior to implementation of this provision in 2007, a QS holder with 
a medical condition was required to divest his or her QS or allow the 
IFQ to go unfished during years he or she could not be on board the 
vessel. Medical transfers were not intended to be a mechanism for 
persons unable or unwilling to participate in the fishery as an owner 
onboard to continue to receive economic benefits from their QS 
holdings, but were intended to address legitimate medical conditions 
that precluded participation (72 FR 44795, August 9, 2007).
    To limit potential for repeated, long-term, or illegitimate use of 
the medical transfer provision, the current provisions: (1) Apply only 
to individuals who are not otherwise eligible to use hired masters; (2) 
apply only to IFQ derived from catcher vessel QS held by the applicant; 
(3) require certification by specific types of medical providers who 
must describe the condition (and the care required if caring for an 
immediate family member); (4) require verification of the inability of 
the QS holder to participate in IFQ fisheries; and (5) contain a use 
cap of two years in a five-year period.

Beneficiary Transfer Provision

    In 1996, NMFS amended the IFQ Program regulations to allow for a 
temporary transfer of QS to surviving spouses of deceased QS holders 
(61 FR 41523, August 9, 1996). In 2000, a final rule (65 FR 78126, 
December 14, 2000) expanded the existing survivorship transfer 
provisions in 50 CFR 679.41(k) to include an immediate family member 
designated as a beneficiary to whom the survivorship transfer 
privileges would extend in the absence of a surviving spouse. This 
transfer is intended to benefit the surviving spouse, or an immediate 
family member designated by the QS holder, for a limited period of 
time.

[[Page 8478]]

    To transfer QS under this beneficiary provision, the surviving 
spouse, or the designated beneficiary named on the QS/IFQ Beneficiary 
Designation Form by the QS holder, submits an Application for Transfer 
of QS/IFQ. These forms are processed by NMFS Restricted Access 
Management (RAM) Program.
    NMFS may approve an application to transfer QS to the surviving 
spouse or designated beneficiary, unless a contrary intent is expressed 
by the decedent in a will and if sufficient evidence has been provided 
to verify the death of the individual. Legally, for purposes of 
transferring QS, a beneficiary identified in a will overrides any 
beneficiary designated on the form submitted to NMFS. NMFS allows the 
transfer of IFQ resulting from the QS transferred to the beneficiary by 
right of survivorship for a period of three years following the death 
of the QS holder. After the three-year period expires, the spouse or 
designated beneficiary must qualify to either hold the QS through 
eligibility criteria found at 50 CFR 679.41(d) or transfer the QS. 
Currently, the program allows the QS holder to designate a beneficiary 
that can either be the surviving spouse, or in the absence of a 
surviving spouse, an immediate family member.
    Section 2.5.1 of the Analysis states that NMFS has received 
beneficiary transfer applications from persons who do not meet a 
commonly used definition of an immediate family member, which currently 
includes a person's parents, spouse, siblings, and children. This 
traditional definition for making determinations regarding transfer 
eligibility under the designated beneficiary transfer provision is 
narrower than many State and Federal beneficiary definitions currently 
applied in a variety of government programs. Since the current 
surviving regulations were implemented, the definition of immediate 
family has changed in many State and Federal jurisdictions and now 
includes other persons connected to a QS holder by birth, adoption, 
marriage, civil partnership, or cohabitation. NMFS and IFQ Program 
participants would benefit from clarifying this provision's 
applicability to those family members.

Appeals Process

    If NMFS denies a transfer under the existing medical and 
beneficiary transfer provisions, a QS holder may appeal this denial 
through the National Appeals Office (NAO). If a claim is submitted that 
is inconsistent with the information required in regulations or if the 
transfer requested is beyond the number of years allowed, the QS holder 
would have the burden of proving that the submitted claim is correct. 
NMFS would not accept claims that are inconsistent with the official 
record, unless they are supported by clear, written documentation.
    Prior to 2014, the procedure for appealing an initial 
administrative determination (IAD) was to submit the appeal directly to 
the NMFS's Alaska Office of Administrative Appeals. That process was 
described at Sec.  679.43. However in 2014, NMFS centralized the 
appeals process to be located in the NAO, which operates out of NMFS's 
headquarters in Silver Spring, Maryland. That process is described at 
15 CFR part 906 (79 FR 7056, February 6, 2014). The appeals process 
described at Sec.  679.43 is no longer applicable given the regulatory 
changes made in 2014.

Final Rule

    This section describes this rule, its effects on fishery 
participants and the environment, and the changes to current 
regulations at 50 CFR part 679. The Council recommended and NMFS 
approves the following changes to the medical and beneficiary transfer 
provisions of the IFQ Program.

Medical Transfer Provision

    This final rule makes several changes to the medical transfer 
provision that include changes to: (1) Remove the definitions at Sec.  
679.2 for ``Advanced nurse practitioner,'' ``Licensed medical doctor,'' 
and ``Primary community health aide;'' and add a definition at Sec.  
679.2 for ``Health care provider,'' and (2) modify Sec.  679.42(d)(2) 
to allow medical transfers for any medical condition and to allow the 
transfers to be used for three of the seven most recent years.
    The first change removes definitions of specific types of medical 
professionals and includes a definition of a ``Health care provider'' 
at Sec.  679.2. This change broadens the definition of who may attest 
to a medical condition of the QS holder, or his or her immediate family 
member, that precludes a QS holder from participating in the IFQ 
fisheries. This increases flexibility for a QS holder when selecting a 
health care provider for treatment and verifying the condition on the 
medical transfer application. Defining a certified medical professional 
is important because it sets the boundaries for who is allowed to 
attest that a QS holder is not physically able to fish his or her IFQ. 
This final rule broadens the current definition while limiting the 
persons to those who are licensed or certified by the state or country 
in which they practice. This final rule also allows health care 
providers outside the United States to sign the medical transfer form. 
NMFS expects that any expansion of the definition over the status quo 
would be beneficial to QS holders, or their immediate family member, 
who need medical care and would lead to less rejections of applications 
based solely on the specialty of the health care provider.
    The second change to Sec.  679.42(d)(2) applies to the medical 
transfer limits. This final rule extends the number of years a medical 
transfer could be used from two of the five most recent years to three 
of the seven most recent years, which increases flexibility for those 
who need it. A year is defined as a calendar year, which is how IFQ 
permits are currently issued. NMFS will begin to measure a seven-year 
period during the first calendar year that a medical transfer of IFQ is 
approved. After the third year a medical transfer is approved under the 
medical transfer provision, QS holders will not be able to transfer 
their IFQ for any medical condition for the remainder of the seven-year 
period that began the first calendar year the medical transfer of IFQ 
was approved. Section 2.4.4 of the Analysis and the preamble of the 
proposed rule provide additional detail on the range of years during 
which a medical transfer could apply and additional rationale for the 
provisions selected in this final rule.
    This final rule also makes several minor revisions to Sec.  
679.42(d)(2) to implement these changes to the medical transfer 
provisions. This final rule removes the current regulatory requirements 
at Sec.  679.42(d)(2)(iii)(F) that require that the application 
describe the medical condition affecting the applicant or applicant's 
immediate family member. This change reduces the requirement that 
medical information would need to be reviewed by NMFS staff. This final 
rule removes requirements at Sec.  679.42(d)(2)(iii) that an applicant 
provide his or her social security number because such information is 
no longer required to process transfer applications. This final rule 
replaces references to ``advanced nurse practitioner,'' ``licensed 
medical doctor,'' and ``primary community health aide'' with ``health 
care provider'' at Sec.  679.42.
    These revisions apply only to medical transfers that are approved 
after the effective date of these regulations.

Beneficiary Transfer Provision

    This final rule makes two changes to the beneficiary transfer 
provision to: (1) Define ``immediate family member'' at

[[Page 8479]]

Sec.  679.2; and (2) modify Sec.  679.41 to add estate representative 
to the list of people who can receive IFQ held by the decedent for up 
to three years. These changes improve and simplify the process of 
approving beneficiary transfers without causing undue negative impacts 
on a QS holder's estate planning.
    This final rule defines ``immediate family member'' in Sec.  679.2 
using a current definition established by the U.S. Office of Personnel 
Management (OPM) that is broader, providing greater flexibility to QS 
holders and their beneficiaries. The OPM definition is commonly used in 
Federal programs that provide benefits to immediate family members and 
includes persons connected to the QS holder by birth, adoption, 
marriage, civil partnership, or cohabitation, such as grandparents, 
great-grandparents, grandchildren, great-grandchildren, aunts, uncles, 
siblings-in-law, half-siblings, cousins, adopted children, step-
parents/step-children, and cohabiting partners. Section 2.5.4 of the 
Analysis describes the range of definitions considered by the Council 
and NMFS and additional information on the rationale for the specific 
definition described in this rule.
    This final rule modifies all references in Sec.  679.41 to 
surviving spouse and immediate family member in regulation by adding 
the term ``estate.'' Without this change, the QS holder's estate would 
not be eligible to hold QS under the beneficiary transfer provision.
    This final rule clarifies that an estate could receive QS, and the 
court-appointed estate representative for the QS holder's estate are 
authorized to use (if they are eligible to hold QS) or transfer the IFQ 
derived from the estate's QS for the benefit of the estate for a period 
of three years following the QS holder's death. NMFS will allow the 
estate representative to manage the use of the decedent's QS holdings 
by allowing the representative to transfer IFQ annually on behalf of 
the estate. If after three years the estate is not settled, the estate 
representative could determine whether the QS held by the estate should 
be sold and the proceeds retained by the estate, or the estate should 
continue to hold the QS. However, the estate would no longer be 
eligible to use the beneficiary transfer provisions to lease the annual 
IFQ. An estate representative is required to submit court-issued 
documents to demonstrate his or her eligibility to NMFS that they are 
legally representing the estate before they could use, permanently 
transfer, or temporarily transfer (lease) the IFQ. This addition 
provides clear and consistent eligibility criteria for NMFS to 
determine if a person is eligible to transfer QS held by the estate of 
the deceased QS holder as well as use or lease the IFQ derived from 
those QS holdings. For more information on the beneficiary transfer 
provisions, please see the preamble of the proposed rule.

Appeals Process and Other Additional Regulatory Changes

    In addition to modifications to the medical and beneficiary 
transfer provisions and the revisions to the appeals process 
regulations, this final rule makes two minor regulatory clarifications. 
First, this final rule modifies regulations at Sec.  679.42 to update 
the NOAA website URL and make minor technical corrections to remove 
unnecessary information collected such as Social Security numbers, 
number of IFQ units, and notary requirements. Second, this final rule 
modifies regulations at Sec.  679.42(d)(2)(iii)(D) to add an additional 
way to describe ``other method of compensation'' to provide flexibility 
to industry who may use a percentage of the total revenue as 
compensation instead of price per pound when they conduct transfers 
under this provision.

Comments and Responses

    NMFS received one comment letter and has summarized and responded 
to the comment below.
    Comment 1: I do not support fishermen receiving any medical 
benefits. They are depleting fish stocks and destroying the marine 
ecosystem.
    Response: This comment raises management issues that are beyond the 
scope of this regulatory action. This final rule does not modify the 
annual process for establishing annual catch limits, or other 
regulations that limit harvest to prevent overfishing. This final rule 
does not modify regulations that limit the amount or type of gear, or 
the location of fisheries in ways that would adversely affect marine 
ecosystems.
    The IFQ Program does not provide medical benefits, such as health 
insurance, to participants. This provision was intended to provide a 
mechanism for QS holders with a temporary medical condition, or caring 
for an immediate family member with a medical condition, that would 
preclude the QS holder from fishing during a season to transfer their 
annual IFQ to another qualified individual. In recommending this 
medical transfer provision, the Council and NMFS balanced the objective 
to limit long-term leasing of QS to promote an owner-onboard fishery 
with its recognition that a medical transfer provision would provide a 
mechanism for QS holders to retain their QS during medical hardships.

Changes From Proposed to Final Rule

    There were no changes from the proposed to final rule.

Classification

    The NMFS Alaska Region Administrator determined that this final 
rule is necessary for the conservation and management of the IFQ 
sablefish and halibut fishery off Alaska and that it is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act, the 
Halibut Act, and other applicable laws.
    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
Council, and the Secretary. Section 5(c) of the Halibut Act allows the 
Regional Council having authority for a particular geographical area to 
develop regulations governing the allocation and catch of halibut in 
U.S. Convention waters as long as those regulations do not conflict 
with IPHC regulations (16 U.S.C. 773c(c)). This final rule is 
consistent with the Council's authority to allocate halibut catches 
among fishery participants in the waters in and off Alaska. The Halibut 
Act provides the Secretary with the general responsibility to carry out 
the Convention with the authority to, in consultation with the 
Secretary of the department in which the U.S. Coast Guard is operating, 
adopt such regulations as may be necessary to carry out the purposes 
and objectives of the Convention and the Halibut Act (16 U.S.C. 773c(a) 
and (b)). This final rule is consistent with the Halibut Act and other 
applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action. NMFS estimates that this rulemaking may result in cost savings 
to the industry and NMFS through an increase in flexibility and 
streamlined reporting requirements for participants who voluntarily 
chose to use these provisions. However, these cost savings cannot be 
quantified because NMFS does not know how many participants would 
benefit from the revised transfer provisions included in this rule and 
cannot associate a dollar amount with these benefits. This rule 
streamlines the NMFS administrative process to review and approve IFQ 
transfer applications.

[[Page 8480]]

Any annual cost savings are expected to be small, however, because the 
time it will take to process each application is still expected to vary 
but will be overall less complicated.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. As part of this rulemaking process, NMFS 
included on its website a summary of compliance requirements that 
serves as the small entity compliance guide. Additionally, NMFS will 
engage in outreach with regulated entities regarding the compliance 
requirements. Copies of this final rule are available from NMFS at the 
following website: https://www.fisheries.noaa.gov/region/alaska.

Final Regulatory Flexibility Analysis (FRFA)

    This final regulatory flexibility analysis (FRFA) incorporates the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of any 
significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, and a summary of the analyses 
completed to support the final rule.
    Section 604 of the Regulatory Flexibility Act (RFA) requires that, 
when an agency promulgates a final rule under section 553 of Title 5 of 
the U.S. Code (5 U.S.C. 553), after being required by that section or 
any other law to publish a general notice of proposed rulemaking, the 
agency shall prepare a FRFA (5 U.S.C. 604). Section 604 describes the 
required contents of a FRFA: (1) A statement of the need for and 
objectives of the rule; (2) a statement of the significant issues 
raised by the public comments in response to the IRFA, a statement of 
the assessment of the agency of such issues, and a statement of any 
changes made to the proposed rule as a result of such comments; (3) the 
response of the agency to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration (SBA) in response to the 
proposed rule, and a detailed statement of any change made to the 
proposed rule in the final rule as a result of the comments; (4) a 
description of and an estimate of the number of small entities to which 
the rule will apply or an explanation of why no such estimate is 
available; (5) a description of the projected reporting, recordkeeping, 
and other compliance requirements of the rule, including an estimate of 
the classes of small entities that will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record; and (6) a description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in this final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.
    A description of this final rule and the need for and objectives of 
this rule are contained in the preamble to this final rule and the 
preamble to the proposed rule (84 FR 56998, October 24, 2019), and are 
not repeated here.

Public and Chief Counsel for Advocacy Comments on the IRFA

    An IRFA was prepared in the Classification section of the preamble 
to the proposed rule. The Chief Counsel for Advocacy of the SBA did not 
file any comments on the proposed rule. NMFS received no comments 
relating to the IRFA.

Number and Description of Small Entities Regulated by This Final Rule

    QS holders that fish catcher vessel QS (B, C, and D class QS) are 
assumed to be directly regulated by this action. Section 2.9 of the 
Analysis assumes that all halibut and sablefish QS operations are small 
for RFA purposes. In 2018, there were 2,418 QS holders that held class 
B, C, or D QS in the halibut and sablefish IFQ fisheries who could be 
impacted by this action. All of those QS holders are considered to be 
small entities using the SBA small entity criteria for harvest on 
catcher vessels.

Recordkeeping, Reporting, and Other Compliance Requirements

    This final rule modifies the recordkeeping, reporting, and other 
compliance requirements for QS holders who use the medical transfer 
provision and beneficiary designation form. NMFS does not anticipate 
that these requirements would increase.
    This final rule would not require NMFS to interpret the medical 
condition that prevents a QS holder from harvesting their IFQ. Instead, 
NMFS would apply a hard limit to the number of times the provision can 
be used.
    Currently, NMFS provides QS holders an optional Beneficiary 
Designation form to designate a beneficiary to transfer IFQ under this 
provision. NMFS may approve an application to transfer QS to the 
surviving spouse or designated beneficiary, unless a contrary intent is 
expressed by the decedent in a will and if sufficient evidence has been 
provided to verify the death of the individual.

Description of Significant Alternatives Considered to the Final Action 
That Minimize Adverse Impacts on Small Entities

    Both the medical transfer provision and the beneficiary transfer 
provision are voluntary and are expected to be used by QS holders only 
if they or their beneficiaries find them beneficial. The Council and 
NMFS considered requirements that would have imposed larger costs on 
directly regulated small entities through increased administrative 
costs. Ultimately, the Council and NMFS rejected options that would 
have led to an increase in costs that exceeded the marginal potential 
benefits that the option could have had. Several options that were 
rejected would have increased the cost to program and monitor for 
minimal benefit to participants. Therefore, this final rule meets the 
objectives of the final rule while minimizing adverse impacts on IFQ 
Program participants.

Collection-of-Information Requirements

    This final rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). NMFS has submitted these 
requirements to OMB for approval under Control Number 0648-0272.
    The public reporting burden per response is estimated to average 
1.5 hours for the Application for Medical Transfer of IFQ and 30 
minutes for the QS/IFQ Beneficiary Designation Form. The response time 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirement of the PRA, unless that collection of information displays 
a

[[Page 8481]]

currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRASearch#.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: February 6, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is amended 
as follows:

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

0
1. The authority citation for 50 CFR 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; Pub. L. 111-281.


0
2. Amend Sec.  679.2 by:
0
a. Removing the definition for ``Advanced nurse practitioner;''
0
b. Adding definitions in alphabetical order for ``Health care 
provider'' and ``Immediate family member;'' and
0
c. Removing the definitions for ``Licensed medical doctor'' and 
``Primary community health aide.''
    The additions read as follows:


Sec.  679.2   Definitions.

* * * * *
    Health care provider means an individual licensed to provide health 
care services by the state where he or she practices and performs 
within the scope of his or her specialty to diagnose and treat medical 
conditions as defined by applicable Federal, state, or local laws and 
regulations. A health care provider located outside of the United 
States and its territories who is licensed to practice medicine by the 
applicable medical authorities is included in this definition.
* * * * *
    Immediate family member includes an individual with any of the 
following relationships to the QS holder:
    (1) Spouse, and parents thereof;
    (2) Sons and daughters, and spouses thereof;
    (3) Parents, and spouses thereof;
    (4) Brothers and sisters, and spouses thereof;
    (5) Grandparents and grandchildren, and spouses thereof;
    (6) Domestic partner and parents thereof, including domestic 
partners of any individual in paragraphs (1) through (5) of this 
definition; and
    (7) Any individual related by blood or affinity whose close 
association with the QS holder is the equivalent of a family 
relationship.
* * * * *

0
3. In Sec.  679.41, revise paragraphs (k)(1) and (3) to read as 
follows:


Sec.  679.41   Transfer of quota shares and IFQ.

* * * * *
    (k) * * * (1) On the death of an individual who holds QS or IFQ, 
the surviving spouse or, in the absence of a surviving spouse, a 
beneficiary designated pursuant to paragraph (k)(2) of this section or 
the estate representative, receives all QS and IFQ held by the decedent 
by right of survivorship, unless a contrary intent was expressed by the 
decedent in a will. The Regional Administrator will approve an 
Application for Transfer to the surviving spouse, designated 
beneficiary, or estate representative when sufficient evidence has been 
provided to verify the death of the individual.
* * * * *
    (3) The Regional Administrator will approve an Application for 
Transfer of IFQ for a period of 3 calendar years following the date of 
death of an individual to a designated beneficiary. NMFS will allow the 
transfer of IFQ only resulting from the QS transferred to the surviving 
spouse or, in the absence of a surviving spouse, from a beneficiary 
from the QS holder's immediate family designated pursuant to paragraph 
(k)(2) of this section or from an estate representative to a person 
eligible to receive IFQ under the provisions of this section, 
notwithstanding the limitations on transfers of IFQ in paragraph (h)(2) 
of this section.
* * * * *

0
4. Amend Sec.  679.42 by:
0
a. Removing in paragraph (d)(2)(iii) introductory text, the website 
https://alaskafisheries.noaa.gov and adding in its place https://alaskafisheries.noaa.gov/region/alaska;
0
b. Revising paragraphs (d)(2)(iii)(A) through (D), (F), and (G);
0
c. Removing paragraph (d)(2)(iii)(H);
0
d. Adding ``and'' at the end of paragraph (d)(2)(iv)(B); and
0
e. Revising paragraph (d)(2)(iv)(C).
    The revisions read as follows:


Sec.  679.42   Limitations on Use of QS and IFQ.

* * * * *
    (d) * * *
    (2) * * *
    (iii) * * *
    (A) The applicant's (transferor's) identity including his or her 
full name, NMFS person ID, date of birth, permanent business mailing 
address, business telephone and fax numbers, and email address (if 
any). A temporary mailing address may be provided, if appropriate;
    (B) The recipient's (transferee's) identity including his or her 
full name, NMFS person ID, date of birth, permanent business mailing 
address, business telephone and fax numbers, and email address (if 
any). A temporary mailing address may be provided, if appropriate;
    (C) The identification characteristics of the IFQ including whether 
the transfer is for halibut or sablefish IFQ, IFQ regulatory area, 
actual number of IFQ pounds, transferor (seller) IFQ permit number, and 
fishing year;
    (D) The price per pound (including leases), or other method of 
compensation, and total amount paid for the IFQ in the requested 
transaction, including all fees;
* * * * *
    (F) A written declaration from a health care provider as defined in 
Sec.  679.2. The declaration must include:
    (1) The identity of the health care provider including his or her 
full name, business telephone, and permanent business mailing address 
(number and street, city and state, zip code);
    (2) A statement of the condition affecting the applicant or the 
applicant's immediate family member, that the applicant is unable to 
participate; and
    (3) The dated signature of the health care provider who conducted 
the medical examination; and
    (G) The signatures and printed names of the transferor and 
transferee, and date.
    (iv) * * *
    (C) NMFS will not approve a medical transfer if the applicant has 
received a medical transfer in any 3 of the previous 7 calendar years 
for any medical condition.
* * * * *

0
4. In Sec.  679.43, revise paragraph (c) to read as follows:


Sec.  679.43   Determinations and appeals.

* * * * *
    (c) Submission of appeals. An appeal to an initial administrative 
determination must be submitted under the appeals procedure set out at 
15 CFR part 906.
* * * * *
[FR Doc. 2020-02878 Filed 2-13-20; 8:45 am]
 BILLING CODE 3510-22-P