![](media/image1.jpeg){width="1.2479166666666666in"
height="1.2479166666666666in"}**Southern Shrimp Alliance, Inc**

P.O. Box 1577

Tarpon Springs, FL 34688

Ph. 727.934.5090

Fx. 727.934.5362

<john@shrimpalliance.com>

> June 23, 2008

TO: Alan Risenhoover, Director

Office of Sustainable Fisheries

NMFS

1315 East West Highway

SSMC3

Silver Spring, MD 20910

RE: Comments on Proposed IFQ Referenda Guidelines

RIN 0648-AW05

73 FR 21893 April 23, 2008 - Docket No. 070920529-8571-02

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The Southern Shrimp Alliance appreciates the opportunity to provide the
following comments and recommendations concerning the proposed
guidelines for IFQ referenda.

**Comment (1): Gulf Shrimp Fishery and IFQs**

-   The Gulf shrimp fishery is not subject to management through an
    Individual Fishing Quota (IFQ) program under the Magnuson-Stevens
    Fishery Conservation and Management Act ("Act").

-   The definition of IFQ under section 3(23) of the Act confirms that
    an IFQ is represented by a percentage of the Total Allowable Catch
    (TAC) of a fishery.

-   The definition of Limited Access Privilege under section 3(26) of
    the Act includes IFQs and also confirms that a LAPP is represented
    as a portion of the TAC of a fishery.

-   Annual species including species of shrimp are expressly exempt from
    the MSA section 303(a)(15) requirement to establish annual catch
    limits including TACs for fisheries (unless overfishing is
    occurring). (see 16 USC 1853 note) Shrimp fisheries are generally
    not subject to overfishing but may fall below the overfished
    threshold due to environmental factors unrelated to fishing
    mortality. Thus, there is no realistic expectation that the Gulf
    shrimp fishery will be subject to overfishing or TACs.

-   Thus, an IFQ management program cannot be established or a fishery
    such as the Gulf shrimp fishery for which there is no annual catch
    limit (TAC) to allocate among fishermen.

-   Section 303(A) of the Act sets forth the requirements for
    establishing Limited Access Privilege Programs (LAPPs) including
    IFQs. Section 303(A) also sets forth the IFQ referenda requirements.
    Because the Gulf shrimp fishery cannot be managed by an IFQ program,
    the proposed guidelines for IFQ referenda do not apply.

> **Recommendation:** Include a specific clarification in the guidelines
> that IFQs and, by extension, IFQ referenda cannot be implemented in
> fisheries for annual species such as shrimp for which there are no
> annual catch limits such as TACs.

**Comment (2): Council Letter**

-   Section 600.1310 (b)(2)(iv) and (v) of the proposed guidelines
    requires the chair of a Council to send a letter to NMFS requesting
    a referendum for a proposed IFQ program. This letter must include
    recommended criteria for NMFS to use in determining who is eligible
    to vote and may include recommended criteria for vote weighting.
    NMFS is then required to, among other things; determine if the
    recommended criteria and referenda process generally are fair and
    equitable. Perhaps above all, these criteria and this process must
    ensure fairness and equity.

> **Recommendation:** The Council's letter to NMFS should be accompanied
> by a comprehensive analysis of how and why the Council considers the
> recommended criteria for NMFS to use in determining who is eligible to
> vote, and any recommended criteria for vote weighting, to be fair and
> equitable to the affected participants in the fishery. This analysis
> of fairness and equity should then be made available for the public to
> consider and provide comments on when NMFS issues a proposed rule to
> implement the referendum.

As always, the Southern Shrimp Alliance greatly appreciates your
consideration of our comments and recommendations.

Sincerely,

John Williams,

Executive Director