44732 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

model CL–600–2B19. Although smoke 

testing requirements of § 25.853 per 

Appendix F, part V, are not part of the 

part 25 certification basis for 

Bombardier Model CL–600–2B19 

airplanes, these special conditions are 

applicable if the airplanes are in 14 CFR 

part 121 service. Part 121 requires 

applicable interior panels to comply 

with § 25.853 and Appendix F, part V, 

regardless of the certification basis. It is 

not our intent to require seats with large 

non-metallic panels to meet § 25.853 

and Appendix F, parts V, if they are 

installed in cabins of airplanes that 

otherwise are not required to meet these 

standards. Should Bombardier apply at 

a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

These special conditions are 

applicable to Bombardier airplane 

Models CL–600–2C10, –2D15 and 

–2D24. Because the heat release and 

smoke testing requirements of § 25.853 

are part of the type certification basis for 

the airplane Models CL–600–2C10, 

–2D15 and –2D24, these special 

conditions are applicable to the airplane 

Models CL–600–2C10, –2D15 and 

–2D24. Should Bombardier apply at a 

later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Seats do not have to meet these 

special conditions when installed in 

compartments that are not otherwise 

required to meet the test requirements of 

CFR part 25, Appendix F, parts IV and 

V. For example, airplanes that do not 

have § 25.853, Amendment 25–61 or 

later, in their certification basis and 

those airplanes that do not need to 

comply with the requirements of 

§ 121.312. 

Conclusion 

This action affects only certain novel 

or unusual design features on 

Bombardier Inc.: airplane Models CL– 

600–2B19, –2C10, –2D15 and –2D24. It 

is not a rule of general applicability. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. These special 

conditions were also subjected to a 

notice and comment period of 45 days 

with no changes made. Therefore, the 

FAA has determined that good cause 

exists for adopting these special 

conditions upon issuance. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Bombardier Inc. 

airplane Models CL–600–2B19, –2C10, 

–2D15 and –2D24. 

1. Passenger Seats with NonTraditional, Large, Non-metallic Panels. 

2. Except as provided in paragraph 3 

of these special conditions, compliance 

with heat release and smoke emission 

testing requirements per 14 CFR part 25 

and Appendix F, parts IV and V, is 

required for seats that incorporate nontraditional, large non-metallic panels 

that may either be a single component 

or multiple components in a 

concentrated area in their design. 

3. The applicant may designate up to 

and including 1.5 square feet of nontraditional, non-metallic panel material 

per seat place that does not have to 

comply with special condition Number 

1, above. A triple seat assembly may 

have a total of 4.5 square feet excluded 

on any portion of the assembly (e.g., 

outboard seat place 1 square foot, 

middle 1 square foot, and inboard 2.5 

square feet). 

4. Seats do not have to meet the test 

requirements of 14 CFR part 25 and 

Appendix F, parts IV and V, when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes that do not have 14 CFR 

25.853, Amendment 25–61 or later, in 

their certification basis and do not need 

to comply with the requirements of 14 

CFR 121.312, and 

c. Airplanes exempted from 14 CFR 

25.853, Amendment 25–61 or later. 

5. Only airplanes associated with new 

seat certification programs approved 

after the effective date of these special 

conditions will be affected by the 

requirements in these special 

conditions. Previously certificated 

interiors on the existing airplane fleet 

and follow-on deliveries of airplanes 

with previously certificated interiors are 

not affected. 

Issued in Renton, Washington, on August 

4, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–20742 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 622 

[Docket No. 090206149–91081–03] 

RIN 0648–AX39 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 29 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 29 to the 

Fishery Management Plan for Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared and submitted by the Gulf 

of Mexico Fishery Management Council 

(Council). This final rule implements a 

multi-species individual fishing quota 

(IFQ) program for the grouper and 

tilefish component of the commercial 

sector of the reef fish fishery in the Gulf 

of Mexico (Gulf) exclusive economic 

zone. In addition, the final rule allows 

permit consolidation and dual 

classifications to the shallow-water 

grouper (SWG) and deep-water grouper 

(DWG) management units for speckled 

hind, warsaw grouper, and scamp, and 

modifies some provisions of the Gulf 

red snapper IFQ program for 

consistency with this final rule. NMFS 

also informs the public of the approval 

by the Office of Management and 

Budget (OMB) of the collection-ofinformation requirements contained in 

this final rule and publishes the OMB 

control numbers for those collections. 

This rule is intended to reduce effort in 

the grouper and tilefish component of 

the commercial Gulf reef fish fishery. 

DATES: This final rule is effective 

September 30, 2009; however, the 

applicability date for all the 

amendments except for amendments to 

§ 622.7 (gg) and (hh), § 622.20(b), 

§ 622.20(c)(3)(v), and § 622.20(c)(6) is 

January 1, 2010. 


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ADDRESSES: Copies of the Final 

Environmental Impact Statement (FEIS), 

Final Regulatory Flexibility Analysis 

(FRFA), and Record of Decision (ROD) 

may be obtained from Susan Gerhart, 

Southeast Regional Office, NMFS 263 

13th Avenue South, St. Petersburg, FL 

33701; telephone 727–824–5305; fax 

727–824–5308. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to Susan Gerhart, 

Southeast Regional Office, NMFS, and 

by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On April 8, 2009, NMFS published a 

notice of availability of Amendment 29 

and requested public comments (74 FR 

15911). On April 30, 2009, NMFS 

published the proposed rule to 

implement Amendment 29 and 

requested public comments (74 FR 

20134). NMFS approved Amendment 29 

on July 2, 2009. The rationale for the 

measures in Amendment 29 is provided 

in the amendment and the preamble to 

the proposed rule and is not repeated 

here. 

Effective Dates and Applicability 

Dates 

To implement this IFQ program on 

January 1, 2010, it is essential that 

certain provisions of the final rule be 

effective earlier to allow for the 

logistical operations required prior to 

implementation, e.g., exchange of 

information between NMFS and fishers 

and dealers, preliminary determinations 

of eligibility, share values, etc. 

Therefore, NMFS has structured this 

rule to make the entire rule effective 

September 30, 2009 but is delaying the 

applicability date, the date on which 

compliance is required, until January 1, 

2010, for all provisions of the rule 

except § 622.7(gg) and (hh), § 622.20(b), 

§ 622.20(c)(3)(v), and § 622.20(c)(6). 

Compliance with these sections of the 

rule is required September 30, 2009. 

Compliance with all other provisions of 

the rule is required beginning January 1, 

2010, the start of the fishing year and 

the start of the IFQ program. 

Comments and Responses 

NMFS received 153 public comments 

on Amendment 29 and the proposed 

rule, including 94 comments from 

individuals, 54 copies of a form letter 

sent by individuals, and 5 comments 

from non-governmental agencies. 

Several comments fell outside the scope 

of the amendment and the rule, 

including comments regarding the 

Council’s role in fisheries management, 

bycatch in the red snapper IFQ program, 

IFQ programs in Iceland, and a 

comment questioning the legal authority 

of the Magnuson-Stevens Act. These 

comments were not addressed in this 

final rule. Comments that pertain to the 

actions addressed in the amendment or 

the proposed rule were categorized by 

topic. The following are NMFS’ 

respective responses for each category. 

Comment 1: An IFQ program is not 

needed because quotas are not being 

met. 

Response: The intention of the IFQ 

program is to rationalize effort and 

reduce overcapacity in the grouper and 

tilefish component of the commercial 

Gulf reef fish fishery to achieve and 

maintain optimum yield for the fishery. 

An IFQ program will also improve 

safety at sea by eliminating derby 

conditions under which fishermen race 

to harvest as many fish as possible 

before the quota is reached. Both DWG 

and tilefish quotas have been met or 

exceeded, annually, the past 5 years. 

SWG and red grouper quotas were not 

met the past 2 years, but were met 

before 2006. Preliminary results from 

the red grouper and gag stock 

assessments, in May 2009, indicate that 

quotas may need to be reduced to levels 

below landings in recent years. 

The fact that in some years certain 

grouper and tilefish components of the 

commercial Gulf reef fish fishery did 

not experience a closure, does not 

indicate a significant change in the 

prevailing incentive structure for derby 

behavior. Rather, it is simply an 

indication of changes in relative 

abundance due to biological factors. 

Comment 2: Actions to restrict 

longline gear and a new grouper stock 

assessment update that may indicate a 

need for further reduction in the quota 

will reduce capacity in the fishery; 

therefore an IFQ is not needed. 

Response: Amendment 31 to the Gulf 

reef fish FMP addresses hard shell sea 

turtle takes by the longline component 

of the commercial Gulf reef fish fishery. 

Proposed restrictions include time/area 

closures and gear endorsements. These 

actions could reduce effort for SWG; 

however, they are not expected to 

decrease effort for DWG or tilefish. 

Preliminary reports from the red 

grouper and gag stock assessment 

updates indicate total allowable catch 

(TAC) may need to be reduced for these 

species. If the same number of vessels 

that comprise the fishery were under a 

reduced TAC, this situation would 

compound the overcapacity issue and 

could continue to lead to early closures. 

Thus the intentions of the IFQ program 

to reduce overcapacity and eliminate 

the race for fish would become even 

more necessary in the Gulf reef fish 

fishery. 

Comment 3: The IFQ program will 

improve management, better utilize 

resources, and help meet National 

Standards (NS) 1, 9, and 10. 

Response: Current regulatory 

measures used in the management of the 

grouper complex have allowed the 

fishery to become overcapitalized, 

which means the collective harvest 

capacity of participants is in excess of 

that required to efficiently harvest the 

commercial share of the total allowable 

catch. The overcapitalization observed 

in the fishery has caused commercial 

grouper regulations to become 

increasingly restrictive over time, 

intensifying derby conditions under 

which fishermen race to harvest as 

many fish as possible before the quota 

is reached. 

Incentives for overcapitalization and 

derby fishing conditions are expected to 

be maintained as long as the current 

management structure persists. 

Therefore, the Council approved and 

NMFS is implementing an IFQ program 

to rationalize effort and reduce 

overcapacity in the grouper and tilefish 

component of the commercial Gulf reef 

fish fishery to achieve and maintain 

optimum yield in this multi-species 

fishery. 

IFQ programs can help meet NS 1, 9, 

and 10, by preventing overfishing, 

minimizing bycatch and bycatch 

mortality, and promoting safety at sea. 

NS 1 requires management measures to 

prevent overfishing while achieving 

optimum yield for the fishery. Assigning 

shares to individual permit holders 

helps prevent landings from exceeding 

catch limits. 

NS 9 requires management measures 

to minimize bycatch and bycatch 

mortality. Under an IFQ program, 

regulatory discards due to seasonal 

closures are eliminated because 

fishermen can catch their allocation any 

time during the year. Discards are 

further limited because ghost fishing is 

expected to significantly decrease when 

crew members are not racing to catch 

fish. In addition, provisions for multiuse allocation will allow fishermen to 

land gag incidentally caught when 


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fishing for red grouper (or red grouper 

incidentally caught when fishing for 

gag) rather than discard them. Other IFQ 

program requirements, including a 

limited landings overage and revisions 

to species classification for warsaw 

grouper, speckled hind, and scamp will 

also contribute to reducing discards in 

the IFQ program for Gulf groupers and 

tilefishes. 

NS 10 requires management measures 

to promote safety at sea. Under an IFQ 

program, fishermen can fish any time 

during the year and not feel obliged to 

fish during bad weather. A lack of derby 

conditions will improve safety and 

overall quality of working conditions. 

Comment 4: The IFQ program should 

be implemented because it has 

significant and widespread support. 

Response: In 2004, the Council 

created an IFQ Advisory Panel to 

develop a plan for creating a grouper 

IFQ program. The ten members of the 

panel were commercial fishermen and 

dealers. The program received 

widespread support because it was 

designed by members of the industry. 

After development of Amendment 29, 

NMFS conducted a referendum in 

December 2008. Individuals eligible to 

participate in the referendum accounted 

for approximately 89 percent of grouper 

and tilefish landings during the 

qualifying time period. Eighty-one 

percent of votes were in favor of the 

proposed IFQ program. At their January 

2009 meeting, the Council voted 14–3 in 

favor of submitting Amendment 29 to 

NMFS for approval. 

Comment 5: The IFQ program is 

inconsistent with the Magnuson-Stevens 

Act. 

Response: Section 303A of the 

Magnuson-Stevens Act specifically 

authorizes and establishes requirements 

for limited access privilege programs 

(LAPPs). LAPP requirements under the 

Magnuson-Stevens Act include goals 

and objectives of the program, program 

duration and provisions for regular 

review, appeals process, allocation, and 

transferability. Amendment 29 

addresses all of these issues, as well as 

details of the implementation of the 

program for which the MagnusonStevens Act allows discretion. 

Amendment 29 and the associated rule 

have been determined by NOAA and the 

Department of Commerce to be 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

Comment 6: The IFQ program grants 

permanent rights to individuals to use a 

public resource. 

Response: Section 303A(a) of the 

Magnuson-Stevens Act clearly states 

that a limited access system does not 

create a right, title, or interest. Awarded 

shares are considered a grant of 

permission to harvest that may be 

revoked at any time, in accordance with 

the Magnuson-Stevens Act. The IFQ 

program does not confer any right of 

compensation to shareholders if it is 

discontinued. 

Comment 7: The IFQ program will 

increase bycatch. 

Response: Under an IFQ program, 

regulatory discards due to seasonal 

closures are eliminated because 

fishermen can catch their allocation at 

any time during the year. Discards are 

further limited because ghost fishing, 

which refers to fish killed by abandoned 

or lost gear, is expected to significantly 

decrease when crew members are not 

racing to catch fish. In the Gulf, 

implementation of the red snapper IFQ 

program and the 13–inch minimum size 

limit in 2007 resulted in fewer fish 

discarded per fish landed. 

The allowance of multi-use allocation 

for gag and red grouper will further 

reduce discards. Annual multi-use 

allocation allows fishermen to use a 

small portion of their allocation for one 

species to harvest another species that 

would otherwise be discarded because 

the fisherman does not possess 

allocation for that species. 

Reduced bycatch of warsaw grouper, 

speckled hind, and scamp is expected to 

occur with revisions to species 

classifications in the DWG and SWG 

complexes under this IFQ program. 

Warsaw grouper and speckled hind, 

which are considered DWG species 

under current regulations, will be 

considered SWG species after an IFQ 

account holder’s DWG allocation has 

been landed and sold, or transferred, or 

if an IFQ account holder has no DWG 

allocation. Scamp, considered a SWG 

species under current regulations, will 

be considered a DWG species after an 

IFQ account holder’s SWG allocation 

has been landed and sold, or 

transferred, or if an IFQ account holder 

has no SWG allocation. Because these 

species are caught in both shallow water 

and deep water, classification changes 

are expected to reduce discards. 

IFQ program participants are also 

allotted a limited landings overage in 

each share category on their last fishing 

trip, which is expected to reduce 

bycatch. If catch exceeds a fisherman’s 

allocation on his last trip, he is allowed 

to retain up to 10 percent more fish than 

his remaining allocation, which is then 

deducted from next year’s allocation. 

This will prevent fishers from having to 

discard fish harvested in excess of 

available allocation. 

Comment 8: The program should be 

able to be reviewed and altered based on 

new information. 

Response: The Magnuson-Stevens Act 

specifies that a detailed review of the 

program be conducted within the first 5 

years of implementation of the program 

and thereafter, no less than once every 

7 years. Additionally, the Southeast 

Regional Office will conduct an annual 

review of the program activities and 

costs and disseminate a report of the 

results. If new information indicates the 

program should be altered, the Council 

may initiate the fisheries management 

plan amendment process. 

Comment 9: The amendment does not 

analyze the effects of the IFQ program 

on the recreational sector. 

Response: Actions contained in 

Amendment 29 are not directed at the 

recreational sector of the Gulf reef fish 

fishery and as such do not present many 

potential impacts to the recreational 

sector. The establishment of the IFQ 

program does not change the TAC, nor 

does it change the allocation between 

the recreational and commercial sectors. 

For example, the allocation of gag will 

remain 61 percent to the recreational 

sector and 39 percent to the commercial 

sector unless changed by a subsequent 

amendment. However, to the extent that 

actions contained in Amendment 29 do 

present potential impacts to the 

recreational sector, those impacts are 

addressed in the FEIS, particularly in 

the cumulative impacts assessment and 

the environmental baseline discussions. 

Comment 10: The amendment did not 

analyze the social impacts of an IFQ 

program. 

Response: In Amendment 29, the 

Fisheries Impact Statement (page vi), 

Description of the Social Environment 

(page 134), Environmental 

Consequences - Action A1 (page 150), as 

well as Environmental Consequences for 

other actions all address the social 

impacts of the IFQ program. Based on 

an analysis of landings and permit data, 

few communities in the Gulf of Mexico 

region can be described as dependent on 

these species. Fishing communities 

were ranked according to the dealerreported number of pounds landed and 

value for the grouper and tilefish 

component of the commercial Gulf reef 

fish fishery for 2004–2007. These data 

revealed that a substantial portion of 

groupers and tilefishes are historically 

landed off west Florida and south 

Texas. Permits data were also examined 

to determine where permit 

concentrations existed. As a result of 

these examinations, Madeira Beach and 

Panama City, Florida, and Port Isabel, 

Texas, were selected as representative 

communities for the grouper and tilefish 

component of the commercial Gulf reef 

fish fishery. Other communities would 

be impacted by the IFQ program, but 


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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 44735 

little data are available to include in the 

analysis. 

Comment 11: Small-scale fishermen 

will be put out of business and only 

large-scale fishermen will be allowed to 

fish for grouper and tilefish. 

Response: All individuals with 

annual average grouper and tilefish 

landings of one or more pounds during 

the qualifying time period, 1999–2004 

(with allowance for dropping one year), 

will receive IFQ shares, provided they 

have an active or renewable commercial 

Gulf reef fish permit, as of October 1, 

2009. NMFS estimates nearly 1,000 out 

of the 1,209 permit holders that 

comprise the commercial sector of the 

Gulf reef fish fishery will receive 

grouper and/or tilefish shares in this 

IFQ program. Shareholders will have 

the option of fishing their allocation or 

transferring their shares or allocation to 

other Gulf reef fish permit holders, for 

the first 5 years of the program, and to 

all U.S. citizens or resident aliens 

thereafter. LAPPs are designed for the 

fishermen to manage their share of the 

resource for the best net benefit to the 

nation. 

Comment 12: The program ignores 

new entrants to the fishery, who may 

have purchased permits after 2004. 

Response: Initial allocation of shares 

in the IFQ program for groupers and 

tilefishes will be based on landings 

history associated with a permit. All 

landings associated with a valid Gulf 

reef fish vessel permit for the applicable 

landings period (1999–2004) will be 

attributed to the current owner, 

including those reported by a person 

who held the permit prior to the current 

owner. Therefore, even individuals who 

purchased permits recently may be 

eligible to receive shares. Individuals 

who are not initially eligible may 

participate in the program through 

transfer of shares or allocation. 

Comment 13: Recreational fishermen 

should be allowed to purchase IFQ 

shares and allocation. 

Response: Five years after 

implementation of this IFQ program, all 

U.S citizens and permanent resident 

aliens will be eligible to purchase shares 

and allocation in the IFQ program for 

groupers and tilefishes. However a 

commercial permit would be required to 

fish the allocation. 

The Council is considering a variety 

of data collection methods that would 

allow development of a catch share 

program for the recreational sector. 

However, because recreational fishers 

are not currently required to report their 

catch, tracking of individual catch is not 

possible at this time and, therefore, an 

IFQ program for the recreational sector 

is premature. 

Comment 14: Landings history should 

not be based on logbooks as they may 

not be factual. 

Response: Logbooks provide the most 

complete set of landings data from 

individual vessels available to NMFS. 

Logbooks submitted to NMFS Southeast 

Fisheries Science Center contain 

landings for each trip by species, as well 

as other information such as trip length, 

number of sets, and bait used. While 

some information may not be entirely 

accurate, submitting false information to 

NMFS via a logbook is a violation of 

Federal law. Accordingly, logbooks are 

considered to be the most accurate 

source of vessel specific landings 

information. 

Comment 15: Each participant should 

receive a minimum of 10,000 pounds of 

allocation. 

Response: Assigning 10,000 pounds to 

each participant would greatly exceed 

the catch limits for these species and 

allow overfishing to occur, which 

violates NS 1 of the Magnuson-Stevens 

Act. In addition, this amount would 

exceed the average annual landings for 

the majority of the permit holders 

currently participating in the fishery. 

Comment 16: The government should 

rent shares similar to leases for oil and 

gas resources. 

Response: The Council considered an 

alternative to distribute initial IFQ 

shares through an auction system. They 

determined the auction system could 

provide an unfair advantage to those 

participants who have greater financial 

resources than other participants. 

Similarly, allocation by a resource rental 

system could encounter environmental 

justice issues and discriminate against 

lower-income fishers. This alternative 

would also provide less consideration to 

historical dependence on the fishery 

since it might allow shares to be 

distributed to participants who have 

never fished but could afford to compete 

in the auction or buy leases. 

Comment 17: Transfer of shares and 

allocation should not be allowed. If a 

participant does not use his shares, 

these shares should be revoked. 

Response: A transferable IFQ program 

will allow the market to reduce fishing 

capacity, as quota could be consolidated 

among fewer vessel owners, who would 

then have an incentive to fish efficiently 

to maximize profits. Fishermen who 

desired more quota than they received 

through initial apportionment could 

purchase additional shares or allocation. 

Conversely, those fishermen who were 

apportioned too small a portion of the 

quota to make fishing worthwhile could 

sell their shares or allocation. 

Prohibiting transfers would not allow a 

fisherman to pass on his or her fishing 

privileges to other family members, 

including their children, a common 

practice within fishing communities. 

The Council considered 

implementation of a use it or lose it 

provision in Amendment 29. Under this 

policy, IFQ shares that remained 

inactive for 3 years would be revoked 

and redistributed proportionately 

among the remaining shareholders. 

However, a use it or lose it provision 

could create greater incentive for 

fishermen to increase their landings, 

resulting in higher fishing mortality 

rates. If fishermen choose not to harvest 

their allotted IFQ shares in any given 

year it would benefit rebuilding of 

overfished stocks and stocks undergoing 

overfishing (e.g., gag) as well as reduce 

gear-habitat interactions. 

Comment 18: The IFQ program 

should be designed to allow day 

trippers to fish during the same hours 

they currently fish. 

Response: All persons fishing in the 

IFQ program would be able to catch and 

land their fish 24 hours a day but would 

be required to notify NMFS enforcement 

agents 3–12 hours in advance of the 

time of landing. For enforcement 

purposes, fishermen participating in the 

IFQ program would be required to 

offload their grouper and tilefish 

landings only between 6:00 a.m. and 

6:00 p.m. daily. 

Comment 19: Fishermen who do not 

support the IFQ program will not 

comply with the regulations. 

Response: Most individuals who 

participate in the Gulf reef fish fishery 

are honest and law-abiding. Those who 

are not will receive violations and 

appropriate penalties if apprehended. 

The IFQ program is designed to track 

fishing activity throughout the fishing, 

landing, and sale processes. Currently, 

reef fish fishermen must submit a 

declaration of fishing activity before a 

trip. Under the IFQ program, 

participants will also be required to 

submit a landing notification 3–12 

hours before landing ashore identifying 

the number of pounds of each IFQ 

species to be landed, as well as the 

landing time and location. NMFS Office 

for Law Enforcement then has the 

opportunity to meet the vessel at the 

landing location to check for 

compliance. Fishermen could not 

offload or transport fish until a landing 

transaction takes place with a dealer. A 

landing transaction number will be 

required to offload the fish and 

transport them. Any failure to comply 

with any of these steps could result in 

a violation. 


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Classification 

The Administrator, Southeast Region, 

NMFS, determined that Amendment 29 

is necessary for the conservation and 

management of Gulf groupers and 

tilefishes and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

NMFS prepared an FEIS for this 

amendment. A notice of availability for 

the FEIS was published on May 8, 2009 

(74 FR 21684). A copy of the ROD is 

available from NMFS (see ADDRESSES). 

An FRFA was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis (IRFA), a summary of 

the significant economic issues raised 

by public comments, NMFS responses 

to those comments, and a summary of 

the analyses completed to support the 

action. A copy of the full analysis is 

available from NMFS (see ADDRESSES). 

A summary of the FRFA follows. 

Although no comments were received 

specific to the IRFA, several comments 

were received that pertain to the 

economic effects of the proposed rule. 

These comments were addressed in the 

comments and responses section of this 

final rule. The economic analysis 

conducted for the proposed rule 

estimated the expected quantitative 

effects of each alternative to the extent 

possible. Qualitative discussion of 

expected effects was provided where 

data or analytical techniques were not 

available. The economic analysis 

concluded that the proposed rule would 

enhance the overall net benefits to the 

nation. No changes were made to the 

final rule in response to public 

comments, therefore, the final rule is 

expected to enhance the overall net 

benefits to the nation. 

This final rule implements an IFQ 

program for the grouper and tilefish 

component of the commercial Gulf reef 

fish fishery; allows a single owner of 

multiple commercial reef fish permits to 

consolidate his or her permits into one, 

with the consolidated permit having a 

catch history equal to the sum of the 

catch histories associated with the 

individual permits; maintains the 

current composition of the multi-species 

DWG unit and revises the SWG unit to 

include speckled hind and warsaw 

grouper; restricts initial eligibility to 

valid commercial reef fish permit 

holders; distributes initial IFQ shares 

proportionately among eligible 

participants based on the average 

annual landings from logbooks 

associated with their current permit(s) 

during the time period 1999 through 

2004 with an allowance for excluding 

one year; establishes IFQ share types as 

follows: red grouper, gag, other SWG, 

DWG, and tilefish shares; converts four 

percent of each IFQ participant’s red 

grouper individual species share into 

multi-use red grouper allocation valid 

for harvesting red or gag groupers, and 

converts eight percent of each IFQ 

participant’s gag grouper individual 

species share into multi-use gag grouper 

allocation valid for harvesting gag or red 

groupers; allows transfers of IFQ shares 

or allocations only to commercial reef 

fish permit holders during the first five 

years of the IFQ program and to all U.S. 

citizens and permanent resident aliens 

thereafter; sets a cap on any one 

person’s ownership of IFQ shares to no 

more than the maximum percentage 

issued to the recipient of the largest 

shares at the time of the initial 

apportionment of IFQ shares, with the 

cap(s) calculated as separate caps for 

each type of share; sets a total allocation 

cap calculated as the sum of the 

maximum allocations associated with 

the share caps for each individual share 

category; allocates adjustments in the 

commercial quota proportionately 

among eligible IFQ shareholders based 

on their respective shareholdings at the 

time of the adjustments; lets the RA 

review, evaluate, and render the final 

decision on appeals (hardship 

arguments will not be considered for 

appeals); sets aside three percent of the 

current commercial quota or allowance 

to resolve appeals, with any remaining 

amount proportionately distributed back 

to initial IFQ shareholders after the 

appeals process has been terminated; 

implements an IFQ cost recovery fee 

based on actual ex-vessel value at the 

time of sale of fish, with the payment of 

the fee being the responsibility of the 

recognized IFQ shareholder and 

collection/remittance of the fee being 

the responsibility of the dealer; and 

establishes certified landing sites for all 

IFQ programs for the commercial Gulf 

reef fish fishery, with the sites selected 

by the fishermen but certified 

completed by NMFS Office for Law 

Enforcement. 

This final rule is expected to directly 

affect vessels that operate in the 

commercial Gulf reef fish fishery and 

reef fish dealers or processors. The 

Small Business Administration (SBA) 

has established size criteria for all major 

industry sectors in the U.S. including 

fish harvesters, fish processors, and fish 

dealers. A business involved in fish 

harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing) for 

all affiliated operations worldwide. For 

seafood processors and dealers, rather 

than a receipts threshold, the SBA uses 

an employee threshold of 500 or fewer 

persons on a full-time, part-time, 

temporary, or other basis, at all affiliated 

operations for a seafood processor and 

100 or fewer persons for a seafood 

dealer. 

This final rule introduces new or 

additional reporting, record-keeping and 

other compliance requirements. A 

summary of the general requirements of 

the IFQ program for Gulf groupers and 

tilefishes follows. 

An IFQ dealer endorsement is 

required of any dealer purchasing 

groupers or tilefishes subject to this IFQ 

program. The IFQ dealer endorsement 

will be issued at no cost to those 

individuals who possess a valid reef fish 

dealer permit and request the 

endorsement. Although the current reef 

fish dealer permit must be renewed 

annually at a cost of $60 for the initial 

permit ($12.60 for each additional 

permit), the IFQ dealer endorsement 

will remain valid as long as the 

individual possesses a valid Gulf reef 

fish dealer permit and abides by all 

reporting and cost recovery 

requirements of the IFQ program. This 

requirement will affect all 159 existing 

dealers (as of November 2008) of 

groupers or tilefishes. 

An electronic reporting system will 

serve as the main vehicle for tracking 

IFQ activities. The electronic nature of 

the reporting system will render the 

reporting of most IFQ activities on a real 

time basis. For example, to effect a sale 

of grouper or tilefish landings, the 

purchasing dealer will log into the 

electronic reporting system and enter all 

the required information about the 

grouper or tilefish sale. The required 

information includes, but is not limited 

to, the name of the dealer and that of the 

fisherman, identification number of the 

harvesting vessel, and the pounds and 

ex-vessel values of groupers and 

tilefishes. Electronic validation of the 

dealer-supplied information by the 

selling fisherman is necessary to 

complete the sale. Also, transfer of IFQ 

allocations and shares will be effected 

and recorded through the electronic 

reporting system. Holders of IFQ 

allocations will be able to access the 

system to check on the outstanding IFQ 

allocations remaining in their account/ 

possession. In this scenario, an IFQ 

shareholder account, an IFQ vessel 

account, and an IFQ dealer account will 

be established with NMFS. There will 


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be no charge for establishing any of 

these accounts. 

By the very nature of the reporting 

system, IFQ dealers will be required to 

have access to computers and the 

Internet. If a dealer does not have 

current access to computers and the 

Internet, he/she may have to expend 

approximately $1,500 for computer 

equipment (one-time cost) and $300 

annual cost for Internet access. Dealers 

will need some basic computer and 

Internet skills to input information for 

all grouper and tilefish purchases into 

the IFQ electronic reporting system. 

Dealers will also be required to remit 

to NMFS, on a quarterly basis, the cost 

recovery fees initially set at three 

percent of the ex-vessel value of 

groupers and tilefishes purchased from 

IFQ share/allocation holders. Although 

IFQ share/allocation holders will pay 

this fee, it will be the responsibility of 

dealers to collect and remit it to NMFS. 

Dealers will be required to remit fees 

electronically by automatic clearing 

house (ACH), debit card or credit card. 

There is currently no available 

information to determine how many of 

the 159 grouper or tilefish dealers have 

the necessary electronic capability to 

participate in the IFQ program. 

However, demonstration of this 

capability will be necessary for IFQ 

program participation. Those dealers 

currently participating in the red 

snapper IFQ program will generally 

meet most, if not all, of the requirements 

under the electronic reporting system. 

Holders of IFQ shares and allocations 

will need access to computers and the 

Internet to effect allocation transfers 

through the electronic reporting system. 

These persons will then be subject to 

the same cost and skill requirements as 

dealers. It is very likely that most 

individuals have access to computers 

and the Internet. It should also be 

pointed out that in the case of reporting 

a sale of groupers or tilefishes to a 

dealer, all the fisherman will do is to 

validate the sale using the dealer’s 

computer. This requirement affects all 

those who will initially qualify for, or 

those who will decide to participate in, 

the IFQ program for Gulf groupers and 

tilefishes. 

One other compliance issue under the 

IFQ system involves landing and 

offloading of IFQ groupers or tilefishes. 

The owner or operator of a vessel 

landing IFQ groupers or tilefishes will 

provide NMFS an advance landing 

notification at least 3 hours but no more 

than 12 hours before arriving at a dock, 

berth, beach, seawall, or ramp. In 

addition, offloading of IFQ groupers or 

tilefishes is allowed only between 6 a.m. 

and 6 p.m. 

A total of 1,209 vessels is assumed to 

comprise the universe of commercial 

harvest operations in the Gulf reef fish 

fishery. This total includes vessels with 

active or renewable permits. An 

examination of permits in conjunction 

with logbook information revealed, 

however, that 1,028 permits (as of 

November 2008) have some records of 

landings during the Council’s chosen 

period of 1999–2004 for purposes of 

determining initial apportionment of 

IFQ shares. 

Whereas there is a one-to-one 

correspondence between permits and 

vessels, the total number of vessels 

actually harvesting reef fish, or groupers 

or tilefishes, may be lower or higher 

than the number of permits. Some 

vessels may remain inactive in the reef 

fish fishery during the entire year, so 

there will be fewer vessels than permits. 

Because a permit can be transferred 

from one vessel to another during the 

year, the number of vessels harvesting 

any of the species in this amendment 

during the year may exceed the number 

of permits. This distinction is important 

when using logbook information to 

count vessels. 

For the period 1993–2006, an average 

of 1,123 vessels harvested at least 1 

pound (0.45 kg) of reef fish, 993 vessels 

harvested any groupers or tilefishes, 765 

vessels harvested red groupers, 591 

vessels harvested gag, 977 vessels 

harvested SWG, 376 vessels harvested 

DWG, and 212 vessels harvested 

tilefishes. For the period 1999–2004, an 

average of 1,075 vessels harvested at 

least 1 pound (0.45 kg) of reef fish, 968 

vessels harvested any groupers or 

tilefishes, 767 vessels harvested red 

groupers, 655 vessels harvested gag, 958 

vessels harvested SWG, 368 vessels 

harvested DWG, and 193 vessels 

harvested tilefishes. 

Vessels harvesting reef fish in general 

and groupers or tilefishes in particular 

use a variety of gear. Some vessels use 

only one gear type while others use 

multiple gear types; thus, classification 

of vessels by gear type is not 

straightforward for some vessels. For the 

period 1993–2006, an average of 805 

vessels harvested groupers or tilefishes 

using vertical lines, 171 vessels 

harvested groupers or tilefishes using 

longlines, and 162 vessels harvested 

groupers or tilefishes using other gear 

types (diving, trap, unclassified). For the 

period 1999–2004, an average of 790 

vessels harvested groupers or tilefishes 

using vertical lines, 167 vessels 

harvested groupers or tilefishes using 

longlines, and 148 vessels harvested 

groupers or tilefishes using other gear 

types (diving, trap, unclassified). 

Collection of information regarding 

vessel operating costs was only initiated 

in mid–2005. Information from this 

survey was used in estimating overall 

economic effects on the commercial 

sector of an IFQ system in the fishery. 

This was possible as the evaluation was 

conducted on a trip basis. However, 

vessel-level gross and net revenues 

could not be readily derived using the 

same trip-based information. For our 

current purpose, cost and return 

information derived from an earlier 

survey of commercial reef fish 

fishermen in the Gulf of Mexico was 

used. High-volume vertical line vessels 

in the northern Gulf grossed an average 

of approximately $110,000 (2005 

dollars) and those in the eastern Gulf 

grossed approximately $68,000. Their 

respective net revenues were 

approximately $28,000 and $24,000. 

Low-volume vertical line vessels in the 

northern Gulf grossed approximately 

$24,000 and those in the eastern Gulf 

grossed approximately $25,000. Their 

respective net revenues were 

approximately $7,000 and $4,000. Highvolume longline vessels grossed 

approximately $117,000 while lowvolume longline vessels grossed 

$88,000. Their respective net revenues 

were approximately $25,000 and 

$15,000. High-volume fish traps (fish 

traps have been banned since February 

2007) grossed approximately $93,000 

while their low-volume counterparts 

grossed approximately $86,000. Their 

respective net revenues were 

approximately $19,000 and $21,000. 

A definitive calculation of which 

commercial entities will be considered 

large entities and small entities cannot 

be made using average income 

information. However, based on those 

data and the permit data showing the 

number of permits each person/entity 

owns, it appears that all of the 

commercial reef fish fleet will be 

considered small entities. The 

maximum number of permits reported 

to be owned by the same person/entity 

was six, additional permits (and 

revenues associated with those permits) 

may be linked through affiliation rules. 

Affiliation links cannot be made using 

permit data. If one entity held six 

permits and was a high-volume bottom 

longline gear vessel, they are estimated 

to generate about $700,000 in annual 

revenue. That estimate is well below the 

$4 million threshold set by the SBA for 

defining a large entity. 

Also affected by the measures in this 

amendment are fish dealers, particularly 

those who receive gag and red groupers 

and tilefishes from harvesting vessels. 

Currently, a Federal permit is required 

for a fish dealer to receive reef fish from 


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commercial vessels. As of November 

2008, there were 159 active permits for 

dealers buying and selling reef fish 

species; but because the reef fish dealer 

permitting system in the Gulf is an open 

access program, the number of dealers 

can vary from year to year. As part of 

the commercial reef fish logbook 

program, reporting vessels identify the 

dealers who receive their landed fish. 

Commercial reef fish vessels with 

Federal permits are required to sell their 

harvest only to permitted dealers. For 

the period 2004–2007, these dealers 

handled an average of 10.8 million lb 

(4.9 million kg) of groupers and 

tilefishes valued at $25.4 million. These 

dealer transactions were distributed as 

follows: Florida, with 10 million lb (4.5 

million kg) worth $23.5 million; 

Alabama and Mississippi, with 102,000 

lb (46,266 kg) worth $222,000; 

Louisiana, with 270,000 lb (122,476 kg) 

worth $592,000: and, Texas, with 

434,000 lb (196,859 kg) worth $1.03 

million. The rest of the transactions 

were handled by dealers outside of the 

Gulf. 

Average employment information per 

reef fish dealer is unknown. It is 

estimated that total employment for reef 

fish processors in the Southeast is 

approximately 700 individuals, both 

part and full time. It is assumed all 

processors must be dealers, yet a dealer 

need not be a processor. Further, 

processing is a much more labor 

intensive exercise than dealing. 

Therefore, given the employment 

estimate for the processing sector, it is 

assumed that the average dealer’s 

number of employees will not surpass 

the SBA employment benchmark. 

Based on the gross revenue and 

employment profiles presented above, 

all permitted commercial reef fish 

vessels and fish dealers directly affected 

by the final rule may be classified as 

small entities. 

Because all entities that are expected 

to be affected by the final rule are 

considered small entities, the issue of 

disproportional impacts on small and 

large entities does not arise. Although 

some vessel and dealer operations are 

larger than others, they nevertheless fall 

within the definition of small entities. 

The various measures in this final 

rule have varying effects on small 

entities. Adoption of an IFQ program for 

the grouper and tilefish component of 

the commercial Gulf reef fish fishery has 

been estimated to result in variable cost 

savings to the fishing industry of $2.23 

to $3.24 million per year. There will 

also be some unknown reductions in 

fixed costs. In addition, possible 

increases in revenues could result as 

improved product quality will most 

likely command higher prices. 

Permit stacking will allow owners to 

consolidate their multiple permits into 

one with corresponding consolidation of 

landings history for all permits. This 

may be expected to accelerate the 

reduction in the number of permits, 

resulting in cost savings to permit 

owners and in administrative cost 

reductions. 

Dual classification of both speckled 

hind and warsaw grouper into SWG and 

DWG tends to reduce discards of both 

species and allow fishermen to keep 

more of these two species they catch. 

Also, this has been estimated to increase 

revenues of fishermen by $450,000. 

Restricting the number of participants 

eligible to receive initial IFQ shares to 

commercial permit holders will prevent 

over-extended distribution of IFQ shares 

while allowing active participants in the 

fishery to immediately benefit from the 

implementation of the grouper and 

tilefish IFQ program. This limitation 

also tends to speed up the process of 

consolidation in the fishery, a result that 

allows participants to reap the gains 

from an IFQ program over a relatively 

short time. 

Initial apportionment of IFQ shares 

based on landings history for the years 

1999–2004, with allowance to drop one 

year, provides a higher likelihood that 

active participants in the fishery are 

allotted IFQ shares in accordance with 

the extent of their participation in the 

fishery. This tends to preserve the 

historical landings status of eligible 

participants, so the initial impacts on 

their profits are not be diminished. As 

the IFQ program progresses, their profits 

may increase depending on whether or 

not they choose to fish their IFQs or 

lease or sell them to others. 

By defining IFQ shares on a speciesspecific basis, the eventual true value of 

each species may be generated. This 

option, however, could result in more 

discards of some species and complicate 

balancing of catch and quota as well as 

the monitoring of the IFQ program. It 

thus needs to be complemented by 

flexibility measures to assist IFQ 

participants in balancing their catch and 

quota holdings. The provision for multiuse allocations introduces certain 

flexibility as IFQ participants have some 

leeway in balancing their catch and 

quota holdings. 

The transferability aspect of IFQ 

shares/allocation provides the 

mechanism to allow the IFQ program to 

generate greater efficiency and higher 

profitability in the fishery. As such, the 

lesser the limitations on transferability 

the better the system is. The final rule 

limits transfers only to reef fish permit 

holders the first five years of the 

program and to a broader pool of 

participants thereafter. While the fiveyear limitation is unlikely to bring about 

cost increases, it does not allow proper 

pricing of IFQ shares. This condition, 

however, may be necessary to allow IFQ 

holders to get familiar with the IFQ 

program before they engage in transfers 

outside of the limited pool of eligible 

IFQ transfer recipients. 

Establishing a cap on IFQ share 

holdings is consistent with the 

Magnuson-Stevens Act provision to 

prevent the acquisition of excessive 

shares in the IFQ program. The final 

rule to set the share cap to the 

maximum assigned to a participant 

during initial apportionment allows 

every participant to at least maintain 

their existing scale of operation. Costs of 

operation and possibly revenues are 

expected to remain the same. Over time, 

all participants, except the highest one, 

will be able to increase their scale of 

operation they deem most profitable to 

them. The highest holders, however, 

and presumably the current more 

efficient producers will not have the 

same opportunity as the others. 

The same reasoning provided in the 

preceding paragraph for a share cap also 

applies to the establishment of a cap on 

IFQ allocation holdings. In addition, the 

established cap on IFQ allocations could 

possibly close the loophole allowing 

some participants to circumvent the 

established cap on IFQ share holdings 

by entering into a long-term contract 

with other participants. 

Quotas change periodically, so there 

is a need to address this in the IFQ 

program. The final rule allocates quota 

adjustments, increases or decreases, in 

proportion to a participant’s IFQ share 

ownership at the time of quota 

adjustments. This may not allocate 

quota adjustments as efficiently as an 

auction alternative, but it appears to be 

the least costly and least disruptive 

option. 

The establishment of an appeals 

process affords participants the 

opportunity to correct any mistakes in 

the initial allocation of IFQ shares. This 

could result in more costs to 

participants and the administering 

agency, but such costs are expected to 

be relatively small especially when seen 

against the potential benefits an appeals 

process will generate. The added 

provision to set aside three percent of 

the quota to settle appeals prevents the 

possibility of taking back some 

allocations already distributed to 

participants. 

The cost recovery fee feature of the 

IFQ program (a requirement under the 

Magnuson-Stevens Act) undoubtedly 


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imposes additional cost on fishing 

participants both in terms of reductions 

in revenue and increases in costs 

(particularly on dealers) to comply with 

the collection and remittance of the fees 

to NMFS. A three-percent cost recovery 

fee based on total revenues could 

translate into larger reductions in 

profits, particularly for small fishing 

operations. 

Requiring pre-approved landing sites 

where fishermen are obligated to land 

their IFQ catches may increase the cost 

of fishing operations. Fishermen may 

need to travel farther to land their catch, 

if for some reasons, such as weather 

conditions or fishing opportunities, the 

closest landing site is not pre-approved. 

This could, however, enhance the 

enforcement of the IFQ program, which 

may help ensure that benefits from the 

program are not impaired. 

It is expected that the combined 

effects of the final rule will result in 

significant changes to the profitability 

status of fishing operations in the 

grouper and tilefish component of the 

commercial Gulf reef fish fishery. This 

is especially true over the long run 

when significant benefits, both in terms 

of revenue increases and cost decreases, 

may be expected to accrue. The net 

economic effects on dealers cannot be 

readily ascertained. 

Several alternatives were considered 

by the Council in their deliberation of 

the various measures contained in the 

final rule. For purposes of the 

succeeding discussion, each of the 

Council’s preferred alternatives is 

termed final action. 

Three alternatives, including no 

action, were considered for 

establishment of an IFQ program. The 

first alternative (no action) to the final 

action would maintain the incentives to 

overcapitalize the fishery and to 

promote derby fishing. Such conditions 

may be expected to result in increased 

operating costs, increased likelihood of 

shortened seasons, reduced at-sea 

safety, wide fluctuations in domestic 

grouper and tilefish supply, and 

depressed ex-vessel prices for groupers 

and tilefishes. The other alternative to 

the final action, establishment of an 

endorsement system, would have shortterm effectiveness in addressing 

overcapitalization and derby fishing by 

reducing the number of participants. 

Over the long run, remaining 

participants may be expected to increase 

their effort either through vessel, crew, 

and equipment upgrades or via 

additional or longer fishing trips. 

The only alternative to the final action 

of consolidating multiple commercial 

reef fish permits is the no action 

alternative. This alternative would not 

accelerate the reduction in the number 

of permits, thus forgoing the benefits 

from permit stacking due to cost savings 

by permit owners and reductions in 

administrative costs. 

Four alternatives, including no action, 

were considered regarding the species 

composition of DWG and SWG. The first 

alternative (no action) to the final action 

would maintain the composition of the 

SWG and DWG management units. This 

alternative would neither reduce the 

discards of speckled hind or warsaw 

grouper nor grant flexibility to IFQ 

participants. The second alternative to 

the final action would classify speckled 

hind as both SWG and DWG while the 

third alternative to the final action 

would classify warsaw grouper as both 

SWG and DWG. These two alternatives 

would reduce discards and add 

flexibility to IFQ participants but only 

with respect to either speckled hind or 

warsaw grouper but not both as in the 

final action. 

Four alternatives, including no action, 

were considered for initial eligibility in 

the IFQ program. The first alternative 

(no action) to the final action would not 

specify initial eligibility requirements 

for IFQ share allocation, and thus is 

deemed to provide insufficient guidance 

in initially allocating IFQ shares. The 

other alternatives to the final action 

would include more entities for initial 

distribution of IFQ shares: a) 

commercial reef fish permit holders and 

reef fish captains and crew, b) 

commercial reef fish permit holders and 

permitted dealers, and c) commercial 

reef fish permit holders, reef fish 

captains and crew, and permitted 

dealers. These other alternatives to the 

final action would complicate the 

determination of initial IFQ holders, 

slow down the eventual consolidation 

of fishing operations in the fishery, and 

lessen the likelihood of maintaining 

viable fishing operations. 

Four alternatives, including no action, 

were considered for the initial 

apportionment of IFQ shares. The first 

alternative (no action) to the final action 

would not provide any guidance in 

initially apportioning IFQ shares. The 

second alternative to the final action 

would proportionately allocate IFQ 

shares based on average annual landings 

during 1999–2004. This alternative is 

less flexible than the final action where 

eligible participants can drop one year 

in calculating annual average landings. 

The third alternative to the final action 

would initially distribute IFQ shares 

through an auction. This alternative 

may be deemed best in generating the 

most appropriate value for IFQ shares at 

the start of the program. However, this 

alternative offers some possibility that 

some historical yet active participants in 

the fishery would not receive any IFQ 

share or receive only few shares that 

would not make their fishing operations 

viable. 

Four alternatives, including no action, 

were considered for IFQ share 

definitions. The first alternative (no 

action) to the final action would not 

establish IFQ shares and is therefore not 

a viable alternative under an IFQ 

system. The second alternative to the 

final action would establish a single IFQ 

share for the combined groupers and 

tilefishes. While this alternative would 

tend to minimize transaction costs and 

eliminate the need to trade shares to 

balance catch and quota holdings, it 

would limit the effectiveness of speciesspecific management measures and 

complicate the future establishment of 

annual catch limits required by the 

Magnuson-Stevens Act. The third 

alternative to the final action would 

establish separate IFQ shares for the 

DWG complex, the SWG complex, and 

tilefish. As with the second alternative, 

this particular alternative would limit 

the effectiveness of species-specific 

management measures and complicate 

the future establishment of annual catch 

limits required by the MagnusonStevens Act. 

Three alternatives, including no 

action, were considered for multi-use 

allocation and trip limits. The first 

alternative (no action) to the final action 

would not establish multi-use IFQ 

shares or trip allowances and thus, 

would not contribute to catch and quota 

balancing under the IFQ program. The 

second alternative to the final action 

would establish a trip allowance 

granting IFQ participants the flexibility 

to land red or gag for which the IFQ 

participant has no allocation by using 

allocation from the other species (i.e., 

red or gag). This alternative would not 

cap the amount of multi-use allocation 

and would be associated with a higher 

likelihood of exceeding allowable 

harvest levels. 

Three alternatives, including no 

action, were considered for transfer 

eligibility requirements. The first 

alternative (no action) to the final action 

would make any U.S. citizen or 

permanent resident alien eligible for 

IFQ share or allocation transfer. Among 

the alternatives, this one would 

immediately allow the largest pool of 

IFQ share/allocation recipients, thereby 

providing the best mechanism for 

eliciting the highest value of an IFQ 

share or allocation. The difference 

between this alternative and the final 

action is the provision in the latter that 

transfers be allowed only among holders 

of commercial reef fish permits during 


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the first five years of the IFQ program. 

Over the long-run, then, the two 

alternatives would have the same 

economic effects. The final action 

reflects the Council’s intent to provide 

enough time for current fishery 

participants to be familiar with the 

nature of the IFQ system, particularly 

with respect to proper valuation of IFQ 

shares/allocations, before opening up 

the market to a broader pool of 

participants. The second alternative to 

the final action would limit transfer 

eligibility only to commercial reef fish 

permit holders. This alternative was not 

chosen, because it would constrain the 

process of valuing IFQ shares/ 

allocations over a long time. 

Three alternatives, including no 

action, were considered for caps on IFQ 

share ownership. The first alternative 

(no action) to the final action would not 

impose any cap on IFQ share 

ownership. Although this alternative 

offers the best environment for 

individual fishing operations to 

determine their most profitable scale of 

operations, this was not chosen because 

it also offers the highest probability for 

an individual fishing operation or very 

few fishing operations to obtain 

‘‘excessive share’’ which the MagnusonStevens Act disallows. The second 

alternative to the final action would 

impose an IFQ share cap of 5 percent, 

10 percent, or 15 percent of either the 

total grouper and tilefish shares or each 

type of species-specific shares. Part of 

this second alternative is the provision 

for grandfathering in those with initial 

percentage shares higher than the 

chosen ownership cap. Although this 

alternative appears to balance the 

concern over excessive share and that of 

constraining the operations of the most 

efficient producers, this was not chosen 

because it would appear to impose 

arbitrary levels of maximum share 

ownership. The issue of grandfathering 

in those with initial share above the 

maximum would also limit the ability of 

some producers to compete in the open 

market against those grandfathered in. 

Part of the rationale for the final action 

was to achieve consistency with similar 

provisions in the red snapper IFQ 

program, and this would not be 

achieved under the two alternatives to 

the final action. A sub-option under the 

final action which would impose a cap 

on total grouper and tilefish IFQ shares 

but not on each type of IFQ share was 

not chosen, because it could result in 

some entities obtaining excessive shares 

of certain species. 

Three alternatives, including no 

action, were considered for caps on IFQ 

allocation ownership. The first 

alternative (no action) to the final action 

would not limit the amount of IFQ 

allocation to be owned by any entity 

each year. Although this alternative 

would provide the best economic 

environment relative to the holding of 

IFQ allocations, it would afford some 

entities the opportunity to circumvent 

the provision on IFQ share cap by 

entering into long-term arrangements 

with IFQ share/allocation holders. The 

second alternative to the final action 

would impose an allocation cap of an 

additional one percent, two percent, or 

five percent above the percent cap on 

IFQ share ownership. This alternative 

was not chosen because of the potential 

complication it would add to the 

monitoring and enforcement of share 

ownership cap. 

Three alternatives, including no 

action, were considered for adjustments 

in annual allocations of commercial 

TAC. The first alternative (no action) to 

the final action would not specify the 

allocation mechanism of any changes in 

commercial TAC. This alternative was 

not chosen because it would require the 

Council to address the allocation issue 

every time the commercial quota is 

adjusted and thus would impose 

additional administrative costs. This 

could also delay the determination of 

each entity’s allocation at the start of the 

fishing season which could be 

disruptive to the affected entity’s fishing 

operations. The second alternative to 

the final action would allocate 

adjustments in the commercial quota via 

an auction system. This alternative was 

not chosen because it could complicate 

and thus increase the cost of allocating 

quota adjustments. Moreover, it could 

raise equity concerns if the winners 

were new entrants who did not share 

the cost of managing the fishery. 

Four alternatives, including no action, 

were considered regarding the appeals 

process. The final action consists of two 

alternatives. One pertains to the 

establishment and structure of an 

appeals process and the other to the 

provision of a commercial quota setaside to resolve appeals. The first 

alternative (no action) to the final action 

on appeals process would not provide a 

formal, in-house means of addressing 

disputes particularly regarding initial 

IFQ share allocation and so was not 

chosen by the Council. The second 

alternative to the final action on appeals 

process would establish a special board 

composed of state directors/designees 

who will review, evaluate, and make 

individual recommendations to the 

NMFS RA on appeals. This alternative 

was not chosen because it would merely 

add layers to the appeals process that 

would tend to increase the 

administrative costs, with no 

corresponding benefits. Besides, this 

alternative would mainly provide board 

members’ advice to the RA on appeals 

matters. The three-percent quota setaside is based on a similar percent level 

chosen for the red snapper IFQ program 

that sufficiently accommodated all 

appeals. 

Three alternatives, including no 

action, were considered for a cost 

recovery plan. The first alternative (no 

action) to the final action would not 

impose a cost recovery fee. This would 

not be consistent with provisions of the 

Magnuson-Stevens Act. The second 

alternative to the final action would 

require each IFQ registered buyer who 

purchased IFQ groupers or tilefishes to 

submit an IFQ buyer report either on a 

quarterly or annual basis. This 

alternative was deemed to mainly 

impose additional costs with relatively 

small economic or social benefits. 

Under the final action, several suboptions were also considered but 

rejected. The first such sub-option 

would calculate the recovery fee based 

on standard, as opposed to actual, exvessel value. The second sub-option 

would impose the responsibility of 

collecting and remitting the fees on the 

IFQ shareholders. The third sub-option 

would require the remittance of 

collected fees on a monthly basis. The 

rationale for their rejection was that 

being inconsistent with corresponding 

provisions in the red snapper IFQ 

system would add complication to the 

cost recovery plan and add costs to both 

the participants and NMFS. 

Three alternatives, including no 

action, were considered for certifying 

landing sites. The first alternative (no 

action) to the final action would not 

establish certified landing sites for IFQ 

programs in the commercial reef fish 

fisheries, thus providing no additional 

means to improve enforcement of the 

IFQ program for groupers and tilefishes. 

The second alternative to the final 

action would require that landing sites 

be certified by the Office for Law 

Enforcement in order for IFQ fishermen 

to use the VMS units as an option for 

reporting landing notifications. This 

was deemed unnecessary for monitoring 

and enforcing the IFQ program for 

groupers and tilefishes. Under the final 

action, a sub-option providing for the 

selection of certified landing sites by the 

Council and NMFS, based on industry 

recommendations and resource 

availability was not adopted. This suboption was deemed more restrictive 

than the final action in identifying 

landing sites for certification purposes. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 


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of related rules for which an agency is 

required to prepare a FRFA, 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.’’ As part of the 

rulemaking process, NMFS prepared a 

fishery bulletin, which also serves as a 

small entity compliance guide. The 

fishery bulletin will be sent to all vessel 

permit holders for the Gulf Reef Fish 

fishery. 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by OMB 

under control number 0648–0587. The 

collections and the associated estimated 

average public reporting burden per 

response are provided in the following 

table. 

COLLECTION 

REQUIREMENT 

ESTIMATED 

BURDEN PER 

RESPONSE 

Dealer Account Activation 5 minutes 

Dealer Transaction Report 7 minutes 

Shareholder Account Activation 5 minutes 

Fisherman Account Activation 10 minutes 

Active Vessels Report 10 minutes 

Approval of Landing Location 5 minutes 

Notification of Landing 

Time 3 minutes 

Transfer of Share 15 minutes 

Transfer of Allocation 5 minutes 

Permit Consolidation 10 minutes 

These estimates of the public 

reporting burden includes the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collections of information. Send 

comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

202–395–7285. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA unless that 

collection of information displays a 

currently valid OMB control number. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: August 26, 2009. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 15 CFR Chapter IX and 50 

CFR Chapter VI are amended as follows: 

Chapter IX 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, paragraph (b), under ‘‘50 

CFR’’, the entry ‘‘622.20’’ is added in 

numerical order to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

(b) * * * 

CFR part or section where 

the information collection requirement is located 

Current OMB 

control number 

the information 

(All numbers 

begin with 

0648–) 

*****

50 CFR 

*****

622.20 ................................... –0587 

*****

50 CFR Chapter VI 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 3. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 4. In § 622.1, paragraph (b), Table 1, 

the entry for FMP for the Reef Fish 

Resources of the Gulf of Mexico, and 

footnote 5 are revised, and footnote 6 is 

added to read as follows: 

§ 622.1 Purpose and scope. 

* * * * * 

(b) * * * 

TABLE 1—FMPS IMPLEMENTED UNDER PART 622 

FMP title Responsible fishery 

management council(s) Geographical area 

* * * * * * * 

FMP for the Reef Fish Resources of the Gulf of Mexico ................................ GMFMC Gulf.1,5,6

* * * * * * * 

1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 5 Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a person aboard a vessel for which a Gulf 

red snapper IFQ vessel account has been established or possessed by a dealer with a Gulf IFQ dealer endorsement. 6 Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a person aboard a vessel for 

which an IFQ vessel account for Gulf groupers and tilefishes has been established or possessed by a dealer with a Gulf IFQ dealer 

endorsement. 

■ 5. In § 622.2, the definitions of ‘‘Deepwater grouper (DWG)’’ and ‘‘Shallowwater grouper (SWG)’’ are revised to 

read as follows: 

§ 622.2 Definitions and acronyms. 

* * * * * 

Deep-water grouper (DWG) means 

yellowedge grouper, misty grouper, 

warsaw grouper, snowy grouper, and 

speckled hind. In addition, for the 

purposes of the IFQ program for Gulf 

groupers and tilefishes in § 622.20, 


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scamp are also included as DWG as 

specified in § 622.20(b)(2)(vi). 

* * * * * 

Shallow-water grouper (SWG) means 

gag, red grouper, black grouper, scamp, 

yellowfin grouper, rock hind, red hind, 

and yellowmouth grouper. In addition, 

for the purposes of the IFQ program for 

Gulf groupers and tilefishes in § 622.20, 

speckled hind and warsaw grouper are 

also included as SWG as specified in 

§ 622.20(b)(2)(v). 

* * * * * 

■ 6. In § 622.4, paragraphs (a)(2)(v), 

(a)(2)(ix), and (a)(4)(ii) are revised, and 

a new sentence is added after the third 

sentence in paragraph (i) to read as 

follows: 

§ 622.4 Permits and fees. 

* * * * * 

(a) * * * 

(2) * * * 

(v) Gulf reef fish. For a person aboard 

a vessel to be eligible for exemption 

from the bag limits, to fish under a 

quota, as specified in § 622.42(a)(1), or 

to sell Gulf reef fish in or from the Gulf 

EEZ, a commercial vessel permit for 

Gulf reef fish must have been issued to 

the vessel and must be on board. If 

Federal regulations for Gulf reef fish in 

subparts A, B, or C of this part are more 

restrictive than state regulations, a 

person aboard a vessel for which a 

commercial vessel permit for Gulf reef 

fish has been issued must comply with 

such Federal regulations regardless of 

where the fish are harvested. See 

paragraph (a)(2)(ix) of this section 

regarding an IFQ vessel account 

required to fish for, possess, or land 

Gulf red snapper or Gulf groupers and 

tilefishes. To obtain or renew a 

commercial vessel permit for Gulf reef 

fish, more than 50 percent of the 

applicant’s earned income must have 

been derived from commercial fishing 

(i.e., harvest and first sale of fish) or 

from charter fishing during either of the 

2 calendar years preceding the 

application. See paragraph (m) of this 

section regarding a limited access 

system for commercial vessel permits 

for Gulf reef fish and limited exceptions 

to the earned income requirement for a 

permit. 

(A) Option to consolidate commercial 

vessel permits for Gulf reef fish. A 

person who has been issued multiple 

commercial vessel permits for Gulf reef 

fish and wants to consolidate some or 

all of those permits, and the landings 

histories associated with those permits, 

into one permit must submit a 

completed permit consolidation 

application to the RA. The permits 

consolidated must be valid, non-expired 

permits and must be issued to the same 

entity. The application form and 

instructions are available online at 

sero.nmfs.noaa.gov. After consolidation, 

such a person would have a single 

permit, and the permits that were 

consolidated into that permit will be 

permanently terminated. 

(B) [Reserved] 

* * * * * 

(ix) Gulf IFQ vessel accounts. For a 

person aboard a vessel, for which a 

commercial vessel permit for Gulf reef 

fish has been issued, to fish for, possess, 

or land Gulf red snapper or Gulf 

groupers (including DWG and SWG, as 

specified in § 622.20(a)) or tilefishes 

(including goldface tilefish, blackline 

tilefish, anchor tilefish, blueline tilefish, 

and tilefish), regardless of where 

harvested or possessed, a Gulf IFQ 

vessel account for the applicable species 

or species groups must have been 

established. As a condition of the IFQ 

vessel account, a person aboard such 

vessel must comply with the 

requirements of § 622.16 when fishing 

for red snapper or § 622.20 when fishing 

for groupers or tilefishes regardless of 

where the fish are harvested or 

possessed. An owner of a vessel with a 

commercial vessel permit for Gulf reef 

fish, who has established an IFQ 

account for the applicable species, as 

specified in § 622.16(a)(3)(i) or 

§ 622.20(a)(3)(i), online via the NMFS 

IFQ website ifq.sero.nmfs.noaa.gov, may 

establish a vessel account through that 

IFQ account for that permitted vessel. If 

such owner does not have an online IFQ 

account, the owner must first contact 

IFQ Customer Service at 1–866–425– 

7627 to obtain information necessary to 

access the IFQ website and establish an 

online IFQ account. There is no fee to 

set-up an IFQ account or a vessel 

account. Only one vessel account may 

be established per vessel under each 

IFQ program. An owner with multiple 

vessels may establish multiple vessel 

accounts under each IFQ account. The 

purpose of the vessel account is to hold 

IFQ allocation that is required to land 

the applicable IFQ species. A vessel 

account must hold sufficient IFQ 

allocation in the appropriate share 

category, at least equal to the pounds in 

gutted weight of the red snapper or 

groupers and tilefishes on board, from 

the time of advance notice of landing 

through landing (except for any overage 

allowed as specified in § 622.16(c)(1)(ii) 

for red snapper and § 622.20(c)(1)(ii) for 

groupers and tilefishes). The vessel 

account remains valid as long as the 

vessel permit remains valid; the vessel 

has not been sold or transferred; and the 

vessel owner is in compliance with all 

Gulf reef fish and IFQ reporting 

requirements, has paid all applicable 

IFQ fees, and is not subject to sanctions 

under 15 CFR part 904. The vessel 

account is not transferable to another 

vessel. The provisions of this paragraph 

do not apply to fishing for or possession 

of Gulf groupers and tilefishes under the 

bag limit specified in § 622.39 (b)(1)(ii) 

or Gulf red snapper under the bag limit 

specified in § 622.39 (b)(1)(iii). See 

§ 622.16 regarding other provisions 

pertinent to the Gulf red snapper IFQ 

system and § 622.20 regarding other 

provisions pertinent to the IFQ system 

for Gulf groupers and tilefishes. 

* * * * * 

(4) * * * 

(ii) Gulf IFQ dealer endorsements. In 

addition to the requirement for a dealer 

permit for Gulf reef fish as specified in 

paragraph (a)(4)(i) of this section, for a 

dealer to receive red snapper subject to 

the Gulf red snapper IFQ program, as 

specified in § 622.16(a)(1), or groupers 

and tilefishes subject to the IFQ program 

for Gulf groupers and tilefishes, as 

specified in § 622.20(a)(1), or for a 

person aboard a vessel with a Gulf IFQ 

vessel account to sell such red snapper 

or groupers and tilefishes directly to an 

entity other than a dealer, such persons 

must also have a Gulf IFQ dealer 

endorsement. A dealer with a Gulf reef 

fish permit can download a Gulf IFQ 

dealer endorsement from the NMFS IFQ 

website at ifq.sero.nmfs.noaa.gov. If 

such persons do not have an IFQ online 

account, they must first contact IFQ 

Customer Service at 1–866–425–7627 to 

obtain information necessary to access 

the IFQ website and establish an IFQ 

online account. There is no fee for 

obtaining this endorsement. The 

endorsement remains valid as long as 

the Gulf reef fish dealer permit remains 

valid and the dealer is in compliance 

with all Gulf reef fish and IFQ reporting 

requirements, has paid all IFQ fees 

required under paragraph (c)(2) of this 

section, and is not subject to any 

sanctions under 15 CFR part 904. The 

endorsement is not transferable. See 

§ 622.16 regarding other provisions 

pertinent to the Gulf red snapper IFQ 

system and § 622.20 regarding other 

provisions pertinent to the IFQ system 

for Gulf groupers and tilefishes. 

* * * * * 

(i) Display. * * * A Gulf IFQ dealer 

endorsement must accompany each 

vehicle that is used to pick up Gulf IFQ 

red snapper and/or Gulf IFQ groupers 

and tilefishes. * * * 

* * * * * 

■ 7. In § 622.7, paragraphs (gg) and (hh) 

are revised to read as follows: 


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§ 622.7 Prohibitions. 

* * * * * 

(gg) Fail to comply with any provision 

related to the Gulf red snapper IFQ 

program as specified in § 622.16, or the 

IFQ program for Gulf groupers and 

tilefishes as specified in § 622.20. 

(hh) Falsify any information required 

to be submitted regarding the Gulf red 

snapper IFQ program as specified in 

§ 622.16, or the IFQ program for Gulf 

groupers and tilefishes as specified in 

§ 622.20. 

* * * * * 

■ 8. In § 622.16, revise the fifth and 

sixth sentences in the introductory text 

of paragraph (a), and revise paragraphs 

(a)(1) and (c) to read as follows: 

§ 622.16 Gulf red snapper individual 

fishing quota (IFQ) program. 

(a) * * * See § 622.4(a)(2)(ix) regarding 

a requirement for a vessel landing red 

snapper subject to this IFQ program to 

have a Gulf red snapper IFQ vessel 

account. See § 622.4(a)(4)(ii) regarding a 

requirement for a Gulf IFQ dealer 

endorsement. * * * 

(1) Scope. The provisions of this 

section apply to Gulf red snapper in or 

from the Gulf EEZ and, for a person 

aboard a vessel with a Gulf red snapper 

IFQ vessel account as required by 

§ 622.4(a)(2)(ix) or for a person with a 

Gulf IFQ dealer endorsement as 

required by § 622.4(a)(4)(ii), these 

provisions apply to Gulf red snapper 

regardless of where harvested or 

possessed. 

* * * * * 

(c) IFQ operations and requirements— 

(1) IFQ Landing and transaction 

requirements. (i) Gulf red snapper 

subject to this IFQ program can only be 

possessed or landed by a vessel with a 

Gulf red snapper IFQ vessel account 

with allocation at least equal to the 

pounds of red snapper on board, except 

as provided in paragraph (c)(1)(ii) of this 

section. Such red snapper can only be 

received by a dealer with a Gulf IFQ 

dealer endorsement. 

(ii) A person on board a vessel with 

an IFQ vessel account landing the 

shareholder’s only remaining allocation, 

can legally exceed, by up to 10 percent, 

the shareholder’s allocation remaining 

on that last fishing trip of the fishing 

year, i.e., a one-time per fishing year 

overage. Any such overage will be 

deducted from the shareholder’s 

applicable allocation for the subsequent 

fishing year. From the time of the 

overage until January 1 of the 

subsequent fishing year, the IFQ 

shareholder must retain sufficient 

shares to account for the allocation that 

will be deducted the subsequent fishing 

year. Share transfers that would violate 

this requirement will be prohibited. 

(iii) The dealer is responsible for 

completing a landing transaction report 

for each landing and sale of Gulf red 

snapper via the IFQ website at 

ifq.sero.nmfs.noaa.gov at the time of the 

transaction in accordance with reporting 

form and instructions provided on the 

website. This report includes, but is not 

limited to, date, time, and location of 

transaction; weight and actual ex-vessel 

value of red snapper landed and sold; 

and information necessary to identify 

the fisherman, vessel, and dealer 

involved in the transaction. The 

fisherman must validate the dealer 

transaction report by entering his 

unique PIN number when the 

transaction report is submitted. After 

the dealer submits the report and the 

information has been verified, the 

website will send a transaction approval 

code to the dealer and the allocation 

holder. 

(iv) If there is a discrepancy regarding 

the landing transaction report after 

approval, the dealer or vessel account 

holder (or his or her authorized agent) 

may initiate a landing transaction 

correction form to correct the landing 

transaction. This form is available via 

the IFQ website at 

ifq.sero.nmfs.noaa.gov. Both parties 

must validate the landing correction 

form by entering their respective PIN 

numbers, i.e. vessel account PIN or 

dealer account PIN. The dealer must 

then print out the form, both parties 

must sign it, and the form must be 

mailed to NMFS. The form must be 

received by NMFS no later than 15 days 

after the date of the initial landing 

transaction. 

(2) IFQ cost recovery fees. As required 

by section 304(d)(2)(A)(i) of the 

Magnuson-Stevens Act, the RA will 

collect a fee to recover the actual costs 

directly related to the management and 

enforcement of the Gulf red snapper IFQ 

program. The fee cannot exceed 3 

percent of the ex-vessel value of Gulf 

red snapper landed under the IFQ 

program. Such fees will be deposited in 

the Limited Access System 

Administration Fund (LASAF). Initially, 

the fee will be 3 percent of the actual 

ex-vessel value of Gulf red snapper 

landed under the IFQ program, as 

documented in each landings 

transaction report. The RA will review 

the cost recovery fee annually to 

determine if adjustment is warranted. 

Factors considered in the review 

include the catch subject to the IFQ cost 

recovery, projected ex-vessel value of 

the catch, costs directly related to the 

management and enforcement of the 

IFQ program, the projected IFQ balance 

in the LASAF, and expected nonpayment of fee liabilities. If the RA 

determines that a fee adjustment is 

warranted, the RA will publish a 

notification of the fee adjustment in the 

Federal Register. 

(i) Payment responsibility. The IFQ 

allocation holder specified in the 

documented red snapper IFQ landing 

transaction report is responsible for 

payment of the applicable cost recovery 

fees. 

(ii) Collection and submission 

responsibility. A dealer who receives 

Gulf red snapper subject to the IFQ 

program is responsible for collecting the 

applicable cost recovery fee for each IFQ 

landing from the IFQ allocation holder 

specified in the IFQ landing transaction 

report. Such dealer is responsible for 

submitting all applicable cost recovery 

fees to NMFS on a quarterly basis. The 

fees are due and must be submitted, 

using pay.gov via the IFQ system at the 

end of each calendar-year quarter, but 

no later than 30 days after the end of 

each calendar-year quarter. Fees not 

received by the deadline are delinquent. 

(iii) Fee payment procedure. For each 

IFQ dealer, the IFQ system will post, on 

individual message boards, an end-ofquarter statement of cost recovery fees 

that are due. The dealer is responsible 

for submitting the cost recovery fee 

payments using pay.gov via the IFQ 

system. Authorized payments methods 

are credit card, debit card, or automated 

clearing house (ACH). Payment by 

check will be authorized only if the RA 

has determined that the geographical 

area or an individual(s) is affected by 

catastrophic conditions. 

(iv) Fee reconciliation process-- 

delinquent fees. The following 

procedures apply to an IFQ dealer 

whose cost recovery fees are delinquent. 

(A) On or about the 31st day after the 

end of each calendar-year quarter, the 

RA will send the dealer an electronic 

message via the IFQ website and official 

notice via mail indicating the applicable 

fees are delinquent, and the dealer’s IFQ 

account has been suspended pending 

payment of the applicable fees. 

(B) On or about the 91st day after the 

end of each calendar-year quarter, the 

RA will refer any delinquent IFQ dealer 

cost recovery fees to the appropriate 

authorities for collection of payment. 

(3) Measures to enhance IFQ program 

enforceability—(i) Advance notice of 

landing. For the purpose of this 

paragraph, landing means to arrive at a 

dock, berth, beach, seawall, or ramp. 

The owner or operator of a vessel 

landing IFQ red snapper is responsible 

for ensuring that NMFS is contacted at 

least 3 hours, but no more than 12 

hours, in advance of landing to report 


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44744 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

the time and location of landing, 

estimated red snapper landings in 

pounds gutted weight, vessel 

identification number (Coast Guard 

registration number or state registration 

number), and the name and address of 

the IFQ dealer where the red snapper 

are to be received. The vessel landing 

red snapper must have sufficient IFQ 

allocation in the IFQ vessel account, at 

least equal to the pounds in gutted 

weight of red snapper on board (except 

for any overage up to the 10 percent 

allowed on the last fishing trip) from the 

time of the advance notice of landing 

through landing. Authorized methods 

for contacting NMFS and submitting the 

report include calling NMFS Office for 

Law Enforcement at 1–866–425–7627, 

completing and submitting to NMFS the 

notification form provided through the 

VMS unit, or providing the required 

information to NMFS through the webbased form available on the IFQ website 

at ifq.sero.nmfs.noaa.gov. As new 

technology becomes available, NMFS 

will add other authorized methods for 

complying with the advance notification 

requirement, via appropriate 

rulemaking. Failure to comply with this 

advance notice of landing requirement 

is unlawful and will preclude 

authorization to complete the landing 

transaction report required in paragraph 

(c)(1)(iii) of this section and, thus, will 

preclude issuance of the required 

transaction approval code. 

(ii) Time restriction on offloading. IFQ 

red snapper may be offloaded only 

between 6 a.m. and 6 p.m., local time. 

(iii) Restrictions on transfer of IFQ red 

snapper. At-sea or dockside transfer of 

IFQ red snapper from one vessel to 

another vessel is prohibited. 

(iv) Requirement for transaction 

approval code. If IFQ red snapper are 

offloaded to a vehicle for transportation 

to a dealer or are on a vessel that is 

trailered for transport to a dealer, on-site 

capability to accurately weigh the fish 

and to connect electronically to the 

online IFQ system to complete the 

transaction and obtain the transaction 

approval code is required. After a 

landing transaction has been completed, 

a transaction approval code verifying a 

legal transaction of the amount of IFQ 

red snapper in possession and a copy of 

the dealer endorsement must 

accompany any IFQ red snapper from 

the landing location through possession 

by a dealer. This requirement also 

applies to IFQ red snapper possessed on 

a vessel that is trailered for transport to 

a dealer. 

(v) Approved landing locations. 

Landing locations must be approved by 

NMFS Office for Law Enforcement prior 

to landing or offloading at these sites. 

Proposed landing locations may be 

submitted online via the IFQ website at 

ifq.sero.nmfs.noaa.gov, or by calling IFQ 

Customer Service at 1–866–425–7627, at 

any time, however, new landing 

locations will be approved only at the 

end of each calendar-year quarter. To 

have a landing location approved by the 

end of the calendar-year quarter, it must 

be submitted at least 45 days before the 

end of the calendar-year quarter. NMFS 

will evaluate the proposed sites based 

on, but not limited to, the following 

criteria: 

(A) Landing locations must be 

publicly accessible by land and water, 

and 

(B) they must have a street address. If 

there is no street address on record for 

a particular landing location, global 

positioning system (GPS) coordinates 

for an identifiable geographic location 

must be provided. 

(4) Transfer of IFQ shares and 

allocation. Until January 1, 2012, IFQ 

shares and allocations can be transferred 

only to a person who holds a valid 

commercial vessel permit for Gulf reef 

fish; thereafter, IFQ shares and 

allocations can be transferred to any 

U.S. citizen or permanent resident alien. 

However, a valid commercial permit for 

Gulf reef fish, a Gulf red snapper IFQ 

vessel account, and Gulf red snapper 

IFQ allocation are required to possess 

(at and after the time of the advance 

notice of landing), land or sell Gulf red 

snapper subject to this IFQ program. 

(i) Share transfers. Share transfers are 

permanent, i.e., they remain in effect 

until subsequently transferred. Transfer 

of shares will result in the 

corresponding allocation being 

automatically transferred to the person 

receiving the transferred share 

beginning with the fishing year 

following the year the transfer occurred. 

However, within the fishing year the 

share transfer occurs, transfer of shares 

and associated allocation are 

independent--unless the associated 

allocation is transferred separately, it 

remains with the transferor for the 

duration of that fishing year. A share 

transfer transaction that remains in 

pending status, i.e., has not been 

completed and verified with a 

transaction approval code, after 30 days 

from the date the shareholder initiated 

the transfer will be cancelled, and the 

pending shares will be re-credited to the 

shareholder who initiated the transfer. 

(ii) Share transfer procedures. Share 

transfers must be accomplished online 

via the IFQ website. An IFQ shareholder 

must initiate a share transfer request by 

logging onto the IFQ website at 

ifq.sero.nmfs.noaa.gov. Following the 

instructions provided on the website, 

the shareholder must enter pertinent 

information regarding the transfer 

request including, but not limited to, 

amount of shares to be transferred, 

which must be a minimum of 0.0001 

percent; name of the eligible transferee; 

and the value of the transferred shares. 

An IFQ shareholder who is subject to a 

sanction under 15 CFR part 904 is 

prohibited from initiating a share 

transfer. An IFQ shareholder who is 

subject to a pending sanction under 15 

CFR part 904 must disclose in writing 

to the prospective transferee the 

existence of any pending sanction at the 

time of the transfer. For the first 5 years 

this IFQ program is in effect, an eligible 

transferee is a person who has a valid 

commercial vessel permit for Gulf reef 

fish; is in compliance with all reporting 

requirements for the Gulf reef fish 

fishery and the red snapper IFQ 

program; is not subject to sanctions 

under 15 CFR part 904; and who would 

not be in violation of the share cap as 

specified in paragraph (c)(6) of this 

section. Thereafter, share transferee 

eligibility will be extended to include 

U.S. citizens and permanent resident 

aliens who are otherwise in compliance 

with the provisions of this section. The 

online system will verify the transfer 

information entered. If the information 

is not accepted, the online system will 

send the shareholder an electronic 

message explaining the reason(s) why 

the transfer request can not be 

completed. If the information is 

accepted, the online system will send 

the transferee an electronic message of 

the pending transfer. The transferee 

must approve the share transfer by 

electronic signature. If the transferee 

approves the share transfer, the online 

system will send a transaction approval 

code to both the transferor and 

transferee confirming the transaction. 

All share transfers must be completed 

and the transaction approval code 

received prior to December 31 at 6 p.m. 

eastern time each year. 

(iii) Allocation transfers. An 

allocation transfer is valid only for the 

remainder of the fishing year in which 

it occurs; it does not carry over to the 

subsequent fishing year. Any allocation 

that is unused at the end of the fishing 

year is void. Allocation may be 

transferred to a vessel account from any 

IFQ account. Allocation held in a vessel 

account, however, may only be 

transferred back to the IFQ account 

through which the vessel account was 

established. 

(iv) Allocation transfer procedures. 

Allocation transfers must be 

accomplished online via the IFQ 

website. An IFQ account holder must 

initiate an allocation transfer by logging 


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onto the IFQ website at 

ifq.sero.nmfs.noaa.gov, entering the 

required information, including but not 

limited to, name of an eligible transferee 

and amount of IFQ allocation to be 

transferred and price, and submitting 

the transfer electronically. An IFQ 

allocation holder who is subject to a 

sanction under 15 CFR part 904 is 

prohibited from initiating an allocation 

transfer. An IFQ allocation holder who 

is subject to a pending sanction under 

15 CFR part 904 must disclose in 

writing to the prospective transferee the 

existence of any pending sanction at the 

time of the transfer. If the transfer is 

approved, the online system will 

provide a transaction approval code to 

the transferor and transferee confirming 

the transaction. 

(5) Restricted transactions during the 

12–hour online maintenance window. 

All electronic IFQ transactions must be 

completed by December 31 at 6 p.m. 

eastern time each year. Electronic IFQ 

functions will resume again on January 

1 at 6 a.m. eastern time the following 

fishing year. The remaining 6 hours 

prior to the end of the fishing year, and 

the 6 hours at the beginning of the next 

fishing year, are necessary to provide 

NMFS time to reconcile IFQ accounts, 

adjust allocations for the upcoming year 

if the commercial quotas for Gulf red 

snapper have changed, and update 

shares and allocations for the upcoming 

fishing year. No electronic IFQ 

transactions will be available during 

these 12 hours. An advance notice of 

landing may still be submitted during 

the 12–hour maintenance window by 

calling IFQ Customer Service at 1–866– 

425–7627. 

(6) IFQ share cap. No person, 

including a corporation or other entity, 

may individually or collectively hold 

IFQ shares in excess of 6.0203 percent 

of the total shares. For the purposes of 

considering the share cap, a 

corporation’s total IFQ share is 

determined by adding the applicable 

IFQ shares held by the corporation and 

any other IFQ shares held by a 

corporation(s) owned by the original 

corporation prorated based on the level 

of ownership. An individual’s total IFQ 

share is determined by adding the 

applicable IFQ shares held by the 

individual and the applicable IFQ 

shares equivalent to the corporate share 

the individual holds in a corporation. 

Initially, a corporation must provide the 

RA the identity of the shareholders of 

the corporation and their percent of 

shares in the corporation, and provide 

updated information to the RA within 

30 days of when changes occur. This 

information must also be provided to 

the RA any time a commercial vessel 

permit for Gulf reef fish is renewed or 

transferred. 

(7) Redistribution of shares resulting 

from permanent permit or endorsement 

revocation. If a shareholder’s 

commercial vessel permit for Gulf reef 

fish has been permanently revoked 

under provisions of 15 CFR part 904, the 

RA will redistribute the IFQ shares held 

by that shareholder proportionately 

among remaining shareholders (subject 

to cap restrictions) based upon the 

amount of shares each held just prior to 

the redistribution. During December of 

each year, the RA will determine the 

amount of revoked shares, if any, to be 

redistributed, and the shares will be 

distributed at the beginning of the 

subsequent fishing year. 

(8) Annual recalculation and 

notification of IFQ shares and 

allocation. On or about January 1 each 

year, IFQ shareholders will be notified, 

via the IFQ website at 

ifq.sero.nmfs.noaa.gov, of their IFQ 

share and allocation for the upcoming 

fishing year. These updated share values 

will reflect the results of applicable 

share transfers and any redistribution of 

shares (subject to cap restrictions) 

resulting from permanent revocation of 

applicable permits under 15 CFR part 

904. Allocation is calculated by 

multiplying IFQ share times the annual 

red snapper commercial quota. Updated 

allocation values will reflect any change 

in IFQ share, any change in the annual 

commercial quota for Gulf red snapper, 

and any debits required as a result of 

prior fishing year overages as specified 

in paragraph (c)(1)(ii) of this section. 

IFQ participants can monitor the status 

of their shares and allocation 

throughout the year via the IFQ website. 

■ 9. Section 622.20 is added to subpart 

B to read as follows: 

§ 622.20 Individual fishing quota (IFQ) 

program for Gulf groupers and tilefishes. 

(a) General. This section establishes 

an IFQ program for the commercial 

components of the Gulf reef fish fishery 

for groupers (including DWG, red 

grouper, gag, and other SWG) and 

tilefishes (including goldface tilefish, 

blackline tilefish, anchor tilefish, 

blueline tilefish, and tilefish). For the 

purposes of this IFQ program, DWG 

includes yellowedge grouper, misty 

grouper, warsaw grouper, snowy 

grouper, and speckled hind, and scamp, 

but only as specified in paragraph 

(b)(2)(vi) of this section. For the 

purposes of this IFQ program, other 

SWG includes black grouper, scamp, 

yellowfin grouper, rock hind, red hind, 

and yellowmouth grouper, and warsaw 

grouper and speckled hind, but only as 

specified in paragraph (b)(2)(v) of this 

section. Under the IFQ program, the RA 

initially will assign eligible participants 

IFQ shares, in five share categories. 

These IFQ shares are equivalent to a 

percentage of the annual commercial 

quotas for DWG, red grouper, gag, and 

tilefishes, and the annual commercial 

catch allowance (meaning the SWG 

quota minus gag and red grouper) for 

other SWG species, based on their 

applicable historical landings. Shares 

determine the amount of IFQ allocation 

for Gulf groupers and tilefishes, in 

pounds gutted weight, a shareholder is 

initially authorized to possess, land, or 

sell in a given calendar year. Shares and 

annual IFQ allocation are transferable. 

See § 622.4(a)(2)(ix) regarding a 

requirement for a vessel landing 

groupers or tilefishes subject to this IFQ 

program to have an IFQ vessel account 

for Gulf groupers and tilefishes. See 

§ 622.4(a)(4)(ii) regarding a requirement 

for a Gulf IFQ dealer endorsement. 

Details regarding eligibility, applicable 

landings history, account setup and 

transaction requirements, constraints on 

transferability, and other provisions of 

this IFQ system are provided in the 

following paragraphs of this section. 

(1) Scope. The provisions of this 

section apply to Gulf groupers and 

tilefishes in or from the Gulf EEZ and, 

for a person aboard a vessel with an IFQ 

vessel account for Gulf groupers and 

tilefishes as required by § 622.4(a)(2)(ix) 

or for a person with a Gulf IFQ dealer 

endorsement as required by 

§ 622.4(a)(4)(ii), these provisions apply 

to Gulf groupers and tilefishes 

regardless of where harvested or 

possessed. 

(2) Duration. The IFQ program 

established by this section will remain 

in effect until it is modified or 

terminated; however, the program will 

be evaluated by the Gulf of Mexico 

Fishery Management Council every 5 

years. 

(3) Electronic system requirements. (i) 

The administrative functions associated 

with this IFQ program, e.g., registration 

and account setup, landing transactions, 

and transfers, are designed to be 

accomplished online; therefore, a 

participant must have access to a 

computer and Internet access and must 

set up an appropriate IFQ online 

account to participate. The computer 

must have browser software installed, 

e.g. Internet Explorer, Netscape, Mozilla 

Firefox; as well as the software Adobe 

Flash Player version 9.0 or greater, 

which may be downloaded from the 

Internet for free. Assistance with online 

functions is available from IFQ 

Customer Service by calling 1–866–425– 

7627 Monday through Friday between 8 

a.m. and 4:30 p.m. eastern time. 


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(ii) The RA will mail initial 

shareholders and dealers with Gulf reef 

fish dealer permits information and 

instructions pertinent to setting up an 

IFQ online account. Other eligible 

persons who desire to become IFQ 

participants by purchasing IFQ shares or 

allocation or by obtaining a Gulf IFQ 

dealer endorsement must first contact 

IFQ Customer Service at 1–866–425– 

7627 to obtain information necessary to 

set up the required IFQ online account. 

Each IFQ participant must monitor his/ 

her online account and all associated 

messages and comply with all IFQ 

online reporting requirements. 

(iii) During catastrophic conditions 

only, the IFQ program provides for use 

of paper-based components for basic 

required functions as a backup. The RA 

will determine when catastrophic 

conditions exist, the duration of the 

catastrophic conditions, and which 

participants or geographic areas are 

deemed affected by the catastrophic 

conditions. The RA will provide timely 

notice to affected participants via 

publication of notification in the 

Federal Register, NOAA weather radio, 

fishery bulletins, and other appropriate 

means and will authorize the affected 

participants’ use of paper-based 

components for the duration of the 

catastrophic conditions. NMFS will 

provide each IFQ dealer the necessary 

paper forms, sequentially coded, and 

instructions for submission of the forms 

to the RA. The paper forms will also be 

available from the RA. The program 

functions available to participants or 

geographic areas deemed affected by 

catastrophic conditions will be limited 

under the paper-based system. There 

will be no mechanism for transfers of 

IFQ shares or allocation under the 

paper-based system in effect during 

catastrophic conditions. Assistance in 

complying with the requirements of the 

paper-based system will be available via 

IFQ Customer Service 1–866–425–7627 

Monday through Friday between 8 a.m. 

and 4:30 p.m. eastern time. 

(b) Procedures for initial 

implementation—(1) Determination of 

eligibility for initial IFQ shares. To be 

eligible as an initial IFQ shareholder a 

person must posses a valid commercial 

Gulf reef fish permit as of October 1, 

2009. NMFS’ permit records are the sole 

basis for determining eligibility for the 

IFQ program for Gulf groupers and 

tilefishes based on permit history. No 

more than one initial eligibility will be 

granted based upon a given commercial 

vessel permit for Gulf reef fish. 

(2) Calculation of initial IFQ shares 

and allocation—(i) IFQ shares. The RA 

will calculate initial IFQ shares based 

on the highest average annual landings 

of Gulf groupers and tilefishes, in each 

of five share categories, associated with 

each shareholder’s current commercial 

vessel permit for Gulf reef fish during 

the applicable landings history. The five 

share categories are gag, red grouper, 

DWG, other SWG, and tilefishes. The 

applicable landings history for reef fish 

permit holders with grouper or tilefish 

landings includes landings data from 

1999 through 2004 with the allowance 

for dropping one year. All grouper and 

tilefish landings associated with a 

current reef fish permit for the 

applicable landings history, including 

those reported by a person(s) who held 

the license prior to the current license 

owner, will be attributed to the current 

license owner. Only legal landings 

reported in compliance with applicable 

state and Federal regulations will be 

accepted. For each share category, each 

shareholder’s initial share is derived by 

dividing the shareholder’s highest 

average annual landings during the 

applicable landings history by the sum 

of the highest average annual landings 

of all shareholders during the respective 

applicable landings histories. Initial 

shares distributed in the gag share 

category and the other SWG share 

category will be based on landings that 

have been adjusted for gag and/or black 

grouper misidentification. Initial IFQ 

shares will not be issued in units less 

than the percentage equivalent to 1.0 lb 

(0.45 kg) of the grouper or tilefish 

species, in each share category, based on 

that share category’s quota or catch 

allowance. 

(ii) Initial share set-aside to 

accommodate resolution of appeals. 

During the first year of implementation 

of this IFQ program only, for each share 

category, the RA will reserve a 3– 

percent IFQ share prior to the initial 

distribution of shares, to accommodate 

resolution of appeals, if necessary. Any 

portion of the 3–percent share set-aside 

for each share category remaining after 

the appeals process is completed will be 

distributed as soon as possible among 

initial shareholders in direct proportion 

to the percentage share each was 

initially allocated. If resolution of 

appeals requires more than a 3–percent 

share set-aside for a share category, the 

shares of all initial shareholders, for that 

share category, would be reduced 

accordingly in direct proportion to the 

percentage share each was initially 

allocated. 

(iii) IFQ allocation. IFQ allocation is 

the amount of Gulf groupers and 

tilefishes, in pounds gutted weight, an 

IFQ shareholder or allocation holder is 

authorized to possess, land, or sell 

during a given fishing year. IFQ 

allocation for the five respective share 

categories is derived at the beginning of 

each year by multiplying a shareholder’s 

IFQ share times the annual commercial 

quota for gag, red grouper, DWG, and 

tilefishes; and times the annual 

commercial catch allowance for other 

SWG. 

(iv) Red grouper and gag multi-use 

allocation—(A) Red grouper multi-use 

allocation. At the beginning of each 

fishing year, 4 percent of each 

shareholder’s initial red grouper 

allocation will be converted to red 

grouper multi-use allocation. Red 

grouper multi-use allocation may be 

used to possess, land, or sell either red 

grouper or gag under certain conditions. 

Red grouper multi-use allocation may be 

used to possess, land, or sell red grouper 

only after an IFQ account holder’s 

(shareholder or allocation holder’s) red 

grouper allocation has been landed and 

sold, or transferred; and to possess, 

land, or sell gag, only after both gag and 

gag multi-use allocation have been 

landed and sold, or transferred. 

(B) Gag multi-use allocation. At the 

beginning of each fishing year, 8 percent 

of each shareholder’s initial gag 

allocation will be converted to gag 

multi-use allocation. Gag multi-use 

allocation may be used to possess, land, 

or sell either gag or red grouper under 

certain conditions. Gag multi-use 

allocation may be used to possess, land, 

or sell gag only after an IFQ account 

holder’s gag allocation has been landed 

and sold, or transferred; and possess, 

land or sell red grouper, only after both 

red grouper and red grouper multi-use 

allocation have been landed and sold, or 

transferred. Multi-use allocation transfer 

procedures and restrictions are specified 

in paragraph (c)(4)(iv) of this section. 

(v) Warsaw grouper and speckled 

hind classification. Warsaw grouper and 

speckled hind are considered DWG 

species and under certain circumstances 

SWG species. For the purposes of the 

IFQ program for Gulf groupers and 

tilefishes, once all of an IFQ account 

holder’s DWG allocation has been 

landed and sold, or transferred, or if an 

IFQ account holder has no DWG 

allocation, then other SWG allocation 

may be used to land and sell warsaw 

grouper and speckled hind. 

(vi) Scamp classification. Scamp is 

considered a SWG species and under 

certain circumstances a DWG. For the 

purposes of the IFQ program for Gulf 

groupers and tilefishes, once all of an 

IFQ account holder’s other SWG 

allocation has been landed and sold, or 

transferred, or if an IFQ account holder 

has no SWG allocation, then DWG 

allocation may be used to land and sell 

scamp. 


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(3) Shareholder notification regarding 

landings history, initial determination of 

IFQ shares and allocations, and IFQ 

account setup information. (i) On or 

about October 1, 2009, the RA will mail 

each Gulf reef fish commercial vessel 

permittee with grouper and tilefish 

landings history during the qualifying 

years, information pertinent to the IFQ 

program. This information will 

include— 

(A) Gulf grouper and tilefish landings 

associated with the Gulf reef fish 

commercial vessel permit during each 

year of the applicable landings history; 

(B) The highest average annual 

grouper and tilefish landings, in each of 

the five share categories, based on the 

permittee’s best 5 out of 6 years of 

applicable landings history; 

(C) The permittee’s initial IFQ share, 

in each of the five share categories, 

based on the highest average annual 

landings associated with the permittee’s 

best 5 out of 6 years of applicable 

landings history; 

(D) The initial IFQ allocation, in each 

of the five share categories, as well as 

their total IFQ allocation; 

(E) Instructions for appeals; 

(F) General instructions regarding 

procedures related to the IFQ online 

system, including how to set up an 

online account; and 

(G) A user identification number; and 

a personal identification number (PIN) 

that will be provided in a subsequent 

letter. 

(ii) The RA will provide this 

information, via certified mail return 

receipt requested, to the permittee’s 

address of record as listed in NMFS’ 

permit files. A permittee who does not 

receive such notification from the RA, 

must contact the RA by November 1, 

2009, to clarify eligibility status and 

landings and initial share information. 

(iii) The initial share information 

provided by the RA is based on the 

highest average annual landings during 

the best 5 out of 6 years associated with 

the permittee’s applicable landings 

history for each share category; 

however, a permittee may select to 

exclude a different year of landings 

history than was chosen, consistent 

with the permittee’s applicable landings 

history, for the calculation of the initial 

IFQ share. The permittee must submit 

that information to the RA postmarked 

no later than December 1, 2009. If 

alternative years, consistent with the 

applicable landings history, are 

selected, revised information regarding 

shares and allocations will be posted on 

the online IFQ accounts no later than 

January 1, 2010. A permittee who 

disagrees with the landings or eligibility 

information provided by the RA may 

appeal the RA’s initial determinations. 

(4) Procedure for appealing IFQ 

eligibility and/or landings information. 

The only items subject to appeal under 

this IFQ system are initial eligibility for 

IFQ shares based on ownership of a reef 

fish permit, the accuracy of the amount 

of landings, correct assignment of 

landings to the permittee, and correct 

assignment of gag versus black grouper 

landings. Appeals based on hardship 

factors will not be considered. Appeals 

must be submitted to the RA 

postmarked no later than April 1, 2010, 

and must contain documentation 

supporting the basis for the appeal. The 

RA will review all appeals, render final 

decisions on the appeals, and advise the 

appellant of the final decision. 

(i) Eligibility appeals. NMFS’ records 

of reef fish permits are the sole basis for 

determining ownership of such permits. 

A person who believes he/she meets the 

permit eligibility criteria based on 

ownership of a vessel under a different 

name, as may have occurred when 

ownership has changed from individual 

to corporate or vice versa, must 

document his/her continuity of 

ownership. 

(ii) Landings appeals. Appeals 

regarding landings data for 1999 

through 2004 will be based on NMFS’ 

logbook records. If NMFS’ logbooks are 

not available, the RA may use state 

landings records or data that were 

submitted in compliance with 

applicable Federal and state regulations, 

on or before December 31, 2006. 

(5) Dealer notification and IFQ 

account setup information. On or about 

October 1, 2009, the RA will mail each 

dealer with a valid Gulf reef fish dealer 

permit information pertinent to the IFQ 

program. Any such dealer is eligible to 

receive a Gulf IFQ dealer endorsement, 

which can be downloaded from the IFQ 

website at ifq.sero.nmfs.noaa.gov once 

an IFQ account has been established. 

The information package will include 

general information about the IFQ 

program and instructions for accessing 

the IFQ website and establishing an IFQ 

dealer account. 

(c) IFQ operations and requirements— 

(1) IFQ Landing and transaction 

requirements. (i) Gulf groupers and 

tilefishes subject to this IFQ program 

can only be possessed or landed by a 

vessel with a IFQ vessel account for 

Gulf groupers and tilefishes. Such 

groupers and tilefishes can only be 

received by a dealer with a Gulf IFQ 

dealer endorsement. The vessel landing 

groupers or tilefishes must have 

sufficient IFQ allocation in the IFQ 

vessel account, at least equal to the 

pounds in gutted weight of grouper or 

tilefish species to be landed, from the 

time of advance notice of landing 

through landing, except as provided in 

paragraph (c)(1)(ii) of this section. 

(ii) A person on board a vessel with 

an IFQ vessel account landing the 

shareholder’s only remaining allocation 

from among any of the grouper or 

tilefish share categories, can legally 

exceed, by up to 10 percent, the 

shareholder’s allocation remaining on 

that last fishing trip of the fishing year, 

i.e. a one-time per fishing year overage. 

Any such overage will be deducted from 

the shareholder’s applicable allocation 

for the subsequent fishing year. From 

the time of the overage until January 1 

of the subsequent fishing year, the IFQ 

shareholder must retain sufficient 

shares to account for the allocation that 

will be deducted the subsequent fishing 

year. Share transfers that would violate 

this requirement will be prohibited. 

(iii) The dealer is responsible for 

completing a landing transaction report 

for each landing and sale of Gulf 

groupers and tilefishes via the IFQ 

website at ifq.sero.nmfs.noaa.gov at the 

time of the transaction in accordance 

with reporting form and instructions 

provided on the website. This report 

includes, but is not limited to, date, 

time, and location of transaction; weight 

and actual ex-vessel value of groupers 

and tilefishes landed and sold; and 

information necessary to identify the 

fisherman, vessel, and dealer involved 

in the transaction. The fisherman must 

validate the dealer transaction report by 

entering the unique PIN number for the 

vessel account when the transaction 

report is submitted. After the dealer 

submits the report and the information 

has been verified by NMFS, the online 

system will send a transaction approval 

code to the dealer and the allocation 

holder. 

(iv) If there is a discrepancy regarding 

the landing transaction report after 

approval, the dealer or vessel account 

holder (or his or her authorized agent) 

may initiate a landing transaction 

correction form to correct the landing 

transaction. This form is available via 

the IFQ website at 

ifq.sero.nmfs.noaa.gov. Both parties 

must validate the landing correction 

form by entering their respective PIN 

numbers, i.e. vessel account PIN or 

dealer account PIN. The dealer must 

then print out the form, both parties 

must sign it, and the form must be 

mailed to NMFS. The form must be 

received by NMFS no later than 15 days 

after the date of the initial landing 

transaction. 

(2) IFQ cost recovery fees. As required 

by section 304(d)(2)(A)(i) of the 

Magnuson-Stevens Act, the RA will 


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44748 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

collect a fee to recover the actual costs 

directly related to the management and 

enforcement of the IFQ program for Gulf 

groupers and tilefishes. The fee cannot 

exceed 3 percent of the ex-vessel value 

of Gulf groupers and tilefishes landed 

under the IFQ program. Such fees will 

be deposited in the Limited Access 

System Administration Fund (LASAF). 

Initially, the fee will be 3 percent of the 

actual ex-vessel value of Gulf groupers 

and tilefishes landed under the IFQ 

program, as documented in each 

landings transaction report. The RA will 

review the cost recovery fee annually to 

determine if adjustment is warranted. 

Factors considered in the review 

include the catch subject to the IFQ cost 

recovery, projected ex-vessel value of 

the catch, costs directly related to the 

management and enforcement of the 

IFQ program, the projected IFQ balance 

in the LASAF, and expected nonpayment of fee liabilities. If the RA 

determines that a fee adjustment is 

warranted, the RA will publish a 

notification of the fee adjustment in the 

Federal Register. 

(i) Payment responsibility. The IFQ 

account holder specified in the 

documented IFQ landing transaction 

report for Gulf groupers and tilefishes is 

responsible for payment of the 

applicable cost recovery fees. 

(ii) Collection and submission 

responsibility. A dealer who receives 

Gulf groupers or tilefishes subject to the 

IFQ program is responsible for 

collecting the applicable cost recovery 

fee for each IFQ landing from the IFQ 

account holder specified in the IFQ 

landing transaction report. Such dealer 

is responsible for submitting all 

applicable cost recovery fees to NMFS 

on a quarterly basis. The fees are due 

and must be submitted, using pay.gov 

via the IFQ system, at the end of each 

calendar-year quarter, but no later than 

30 days after the end of each calendaryear quarter. Fees not received by the 

deadline are delinquent. 

(iii) Fee payment procedure. For each 

IFQ dealer, the IFQ system will post, in 

individual IFQ dealer accounts, an endof-quarter statement of cost recovery 

fees that are due. The dealer is 

responsible for submitting the cost 

recovery fee payments using pay.gov via 

the IFQ system. Authorized payment 

methods are credit card, debit card, or 

automated clearing house (ACH). 

Payment by check will be authorized 

only if the RA has determined that the 

geographical area or an individual(s) is 

affected by catastrophic conditions. 

(iv) Fee reconciliation process— 

delinquent fees. The following 

procedures apply to an IFQ dealer 

whose cost recovery fees are delinquent. 

(A) On or about the 31st day after the 

end of each calendar-year quarter, the 

RA will send the dealer an electronic 

message via the IFQ website and official 

notice via mail indicating the applicable 

fees are delinquent, and the dealer’s IFQ 

account has been suspended pending 

payment of the applicable fees. 

(B) On or about the 91st day after the 

end of each calendar-year quarter, the 

RA will refer any delinquent IFQ dealer 

cost recovery fees to the appropriate 

authorities for collection of payment. 

(3) Measures to enhance IFQ program 

enforceability—(i) Advance notice of 

landing. For the purpose of this 

paragraph, landing means to arrive at a 

dock, berth, beach, seawall, or ramp. 

The owner or operator of a vessel 

landing IFQ groupers or tilefishes is 

responsible for ensuring that NMFS is 

contacted at least 3 hours, but no more 

than 12 hours, in advance of landing to 

report the time and location of landing, 

estimated grouper and tilefish landings 

in pounds gutted weight for each share 

category (gag, red grouper, DWG, other 

SWG, tilefishes), vessel identification 

number (Coast Guard registration 

number or state registration number), 

and the name and address of the IFQ 

dealer where the groupers or tilefishes 

are to be received. The vessel landing 

groupers or tilefishes must have 

sufficient IFQ allocation in the IFQ 

vessel account, and in the appropriate 

share category or categories, at least 

equal to the pounds in gutted weight of 

all groupers and tilefishes on board 

(except for any overage up to the 10 

percent allowed on the last fishing trip) 

from the time of the advance notice of 

landing through landing. Authorized 

methods for contacting NMFS and 

submitting the report include calling 

NMFS at 1–866–425–7627, completing 

and submitting to NMFS the notification 

form provided through the VMS unit, or 

providing the required information to 

NMFS through the web-based form 

available on the IFQ website at 

ifq.sero.nmfs.noaa.gov. As new 

technology becomes available, NMFS 

will add other authorized methods for 

complying with the advance notification 

requirement, via appropriate 

rulemaking. Failure to comply with this 

advance notice of landing requirement 

is unlawful and will preclude 

authorization to complete the landing 

transaction report required in paragraph 

(c)(1)(iii) of this section and, thus, will 

preclude issuance of the required 

transaction approval code. 

(ii) Time restriction on offloading. IFQ 

groupers and tilefishes may be offloaded 

only between 6 a.m. and 6 p.m., local 

time. 

(iii) Restrictions on transfer of IFQ 

groupers and tilefishes. At-sea or 

dockside transfer of IFQ groupers or 

tilefishes from one vessel to another 

vessel is prohibited. 

(iv) Requirement for transaction 

approval code. If IFQ groupers or 

tilefishes are offloaded to a vehicle for 

transportation to a dealer or are on a 

vessel that is trailered for transport to a 

dealer, on-site capability to accurately 

weigh the fish and to connect 

electronically to the online IFQ system 

to complete the transaction and obtain 

the transaction approval code is 

required. After a landing transaction has 

been completed, a transaction approval 

code verifying a legal transaction of the 

amount of IFQ groupers and tilefishes in 

possession and a copy of the dealer 

endorsement must accompany any IFQ 

groupers and tilefishes from the landing 

location through possession by a dealer. 

This requirement also applies to IFQ 

groupers and tilefishes possessed on a 

vessel that is trailered for transport to a 

dealer. 

(v) Approved landing locations. 

Landing locations must be approved by 

NMFS Office for Law Enforcement prior 

to landing or offloading at these sites. 

Proposed landing locations may be 

submitted online via the IFQ website at 

ifq.sero.nmfs.noaa.gov, or by calling IFQ 

Customer Service at 1–866–425–7627, at 

any time, however, new landing 

locations will be approved only at the 

end of each calendar-year quarter. To 

have your landing location approved by 

the end of the calendar-year quarter, it 

must be submitted at least 45 days 

before the end of the calendar-year 

quarter. NMFS will evaluate the 

proposed sites based on, but not limited 

to, the following criteria: 

(A) Landing locations must be 

publicly accessible by land and water, 

and 

(B) they must have a street address. If 

there is no street address on record for 

a particular landing location, global 

positioning system (GPS) coordinates 

for an identifiable geographic location 

must be provided. 

(4) Transfer of IFQ shares and 

allocation. Until January 1, 2015, IFQ 

shares and allocations can be transferred 

only to a person who holds a valid 

commercial vessel permit for Gulf reef 

fish; thereafter, IFQ shares and 

allocations can be transferred to any 

U.S. citizen or permanent resident alien. 

However, a valid commercial permit for 

Gulf reef fish, an IFQ vessel account for 

Gulf groupers and tilefishes, and IFQ 

allocation for Gulf groupers or tilefishes 

are required to possess (at and after the 

time of the advance notice of landing), 


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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 44749 

land or sell Gulf groupers or tilefishes 

subject to this IFQ program. 

(i) Share transfers. Share transfers are 

permanent, i.e., they remain in effect 

until subsequently transferred. Transfer 

of shares will result in the 

corresponding allocation being 

automatically transferred to the person 

receiving the transferred share 

beginning with the fishing year 

following the year the transfer occurred. 

However, within the fishing year the 

share transfer occurs, transfer of shares 

and associated allocation are 

independent--unless the associated 

allocation is transferred separately, it 

remains with the transferor for the 

duration of that fishing year. A share 

transfer transaction that remains in 

pending status, i.e., has not been 

completed and verified with a 

transaction approval code, after 30 days 

from the date the shareholder initiated 

the transfer will be cancelled, and the 

pending shares will be re-credited to the 

shareholder who initiated the transfer. 

(ii) Share transfer procedures. Share 

transfers must be accomplished online 

via the IFQ website. An IFQ shareholder 

must initiate a share transfer request by 

logging onto the IFQ website at 

ifq.sero.nmfs.noaa.gov. An IFQ 

shareholder who is subject to a sanction 

under 15 CFR part 904 is prohibited 

from initiating a share transfer. An IFQ 

shareholder who is subject to a pending 

sanction under 15 CFR part 904 must 

disclose in writing to the prospective 

transferee the existence of any pending 

sanction at the time of the transfer. 

Following the instructions provided on 

the website, the shareholder must enter 

pertinent information regarding the 

transfer request including, but not 

limited to: amount of shares to be 

transferred, which must be a minimum 

of 0.000001 percent; name of the eligible 

transferee; and the value of the 

transferred shares. For the first 5 years 

this IFQ program is in effect, an eligible 

transferee is a person who has a valid 

commercial vessel permit for Gulf reef 

fish; is in compliance with all reporting 

requirements for the Gulf reef fish 

fishery and the IFQ program for Gulf 

groupers and tilefishes; is not subject to 

sanctions under 15 CFR part 904; and 

who would not be in violation of the 

share or allocation caps as specified in 

paragraph (c)(6) of this section. 

Thereafter, share transferee eligibility 

will be extended to include U.S. citizens 

and permanent resident aliens who are 

otherwise in compliance with the 

provisions of this section. The online 

system will verify the information 

entered. If the information is not 

accepted, the online system will send 

the shareholder an electronic message 

explaining the reason(s). If the 

information is accepted, the online 

system will send the transferee an 

electronic message of the pending 

transfer. The transferee must approve 

the share transfer by electronic 

signature. If the transferee approves the 

share transfer, the online system will 

send a transfer approval code to both 

the shareholder and transferee 

confirming the transaction. All share 

transfers must be completed and the 

transaction approval code received prior 

to December 31 at 6 p.m. eastern time 

each year. 

(iii) Allocation transfers. An 

allocation transfer is valid only for the 

remainder of the fishing year in which 

it occurs; it does not carry over to the 

subsequent fishing year. Any allocation 

that is unused at the end of the fishing 

year is void. Allocation may be 

transferred to a vessel account from any 

IFQ account. Allocation held in a vessel 

account, however, may only be 

transferred back to the IFQ account 

through which the vessel account was 

established. 

(iv) Allocation transfer procedures 

and restrictions—(A) Allocation transfer 

procedures. Allocation transfers must be 

accomplished online via the IFQ 

website. An IFQ account holder must 

initiate an allocation transfer by logging 

onto the IFQ website at 

ifq.sero.nmfs.noaa.gov, entering the 

required information, including but not 

limited to, name of an eligible transferee 

and amount of IFQ allocation to be 

transferred and price, and submitting 

the transfer electronically. An IFQ 

allocation holder who is subject to a 

sanction under 15 CFR part 904 is 

prohibited from initiating an allocation 

transfer. An IFQ allocation holder who 

is subject to a pending sanction under 

15 CFR part 904 must disclose in 

writing to the prospective transferee the 

existence of any pending sanction at the 

time of the transfer. If the transfer is 

approved, the website will provide a 

transfer approval code to the transferor 

and transferee confirming the 

transaction. 

(B) Multi-use allocation transfer 

restrictions—(1) Red grouper multi-use 

allocation. Red grouper multi-use 

allocation may only be transferred after 

all an IFQ account holder’s red grouper 

allocation has been landed and sold, or 

transferred. 

(2) Gag multi-use allocation. Gag 

multi-use allocation may only be 

transferred after all an IFQ account 

holder’s gag allocation has been landed 

and sold, or transferred. 

(5) Restricted transactions during the 

12–hour online maintenance window. 

All electronic IFQ transactions must be 

completed by December 31 at 6 p.m. 

eastern time each year. Electronic IFQ 

functions will resume again on January 

1 at 6 a.m. eastern time the following 

fishing year. The remaining 6 hours 

prior to the end of the fishing year, and 

the 6 hours at the beginning of the next 

fishing year, are necessary to provide 

NMFS time to reconcile IFQ accounts, 

adjust allocations for the upcoming year 

if the commercial quotas or catch 

allowances for Gulf groupers or 

tilefishes have changed, and update 

shares and allocations for the upcoming 

fishing year. No electronic IFQ 

transactions will be available during 

these 12 hours. An advance notice of 

landing may still be submitted by 

calling IFQ Customer Service at 1–866– 

425–7627. 

(6) IFQ share and allocation caps. A 

corporation’s total IFQ share (or 

allocation) is determined by adding the 

applicable IFQ shares (or allocation) 

held by the corporation and any other 

IFQ shares (or allocation) held by a 

corporation(s) owned by the original 

corporation prorated based on the level 

of ownership. An individual’s total IFQ 

share is determined by adding the 

applicable IFQ shares held by the 

individual and the applicable IFQ 

shares equivalent to the corporate share 

the individual holds in a corporation. 

An individual’s total IFQ allocation is 

determined by adding the individual’s 

total allocation to the allocation derived 

from the IFQ shares equivalent to the 

corporate share the individual holds in 

a corporation. 

(i) IFQ share cap for each share 

category. No person, including a 

corporation or other entity, may 

individually or collectively hold IFQ 

shares in any share category (gag, red 

grouper, DWG, other SWG, or tilefishes) 

in excess of the maximum share initially 

issued for the applicable share category 

to any person at the beginning of the 

IFQ program, as of the date appeals are 

resolved and shares are adjusted 

accordingly. A corporation must 

provide to the RA the identity of the 

shareholders of the corporation and 

their percent of shares in the 

corporation, by December 1, 2009, for 

initial issuance of IFQ shares and 

allocation, and provide updated 

information to the RA within 30 days of 

when changes occur. This information 

must also be provided to the RA any 

time a commercial vessel permit for 

Gulf reef fish is renewed or transferred. 

(ii) Total allocation cap. No person, 

including a corporation or other entity, 

may individually or collectively hold, 

cumulatively during any fishing year, 

IFQ allocation in excess of the total 

allocation cap. The total allocation cap 


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44750 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

is the sum of the maximum allocations 

associated with the share caps for each 

individual share category and is 

calculated annually based on the 

applicable quotas or catch allowance 

associated with each share category. 

(7) Redistribution of shares resulting 

from permanent permit revocation. If a 

shareholder’s commercial vessel permit 

for Gulf reef fish has been permanently 

revoked under provisions of 15 CFR part 

904, the RA will redistribute the IFQ 

shares associated with the revoked 

permit proportionately among 

remaining shareholders (subject to cap 

restrictions) based upon the amount of 

shares each held just prior to the 

redistribution. During December of each 

year, the RA will determine the amount 

of revoked shares, if any, to be 

redistributed, and the shares will be 

distributed at the beginning of the 

subsequent fishing year. 

(8) Annual recalculation and 

notification of IFQ shares and 

allocation. On or about January 1 each 

year, IFQ shareholders will be notified, 

via the IFQ website at 

ifq.sero.nmfs.noaa.gov, of their IFQ 

shares and allocations, for each of the 

five share categories, for the upcoming 

fishing year. These updated share values 

will reflect the results of applicable 

share transfers and any redistribution of 

shares (subject to cap restrictions) 

resulting from permanent revocation of 

applicable permits under 15 CFR part 

904. Allocation, for each share category, 

is calculated by multiplying IFQ share 

for that category times the annual 

commercial quota or commercial catch 

allowance for that share category. 

Updated allocation values will reflect 

any change in IFQ share for each share 

category, any change in the annual 

commercial quota or commercial catch 

allowance for the applicable categories; 

and any debits required as a result of 

prior fishing year overages as specified 

in paragraph (c)(1)(ii) of this section. 

IFQ participants can monitor the status 

of their shares and allocation 

throughout the year via the IFQ website. 

■ 10. In § 622.42, paragraph (a)(1)(ii) 

and the first sentence of paragraph 

(a)(1)(iii) introductory text are revised to 

read as follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Deep-water groupers (DWG) 

combined—1.02 million lb (0.46 million 

kg), gutted weight, that is, eviscerated 

but otherwise whole. 

(iii) Shallow-water groupers (SWG) 

have a combined quota as specified in 

paragraph (a)(1)(iii)(A) of this 

section. * * * 

* * * * * 

§ 622.44 [Amended] 

■ 11. In § 622.44, paragraph (g) is 

removed and reserved. 

[FR Doc. E9–20954 Filed 8–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 16 and 118 

[Docket No. FDA–2000–N–0190] (formerly 

Docket No. 2000N–0504) 

RIN 0910–AC14 

Egg Safety; Final Rule for Prevention 

of Salmonella Enteritidis in Shell Eggs 

During Production, Storage, and 

Transportation; Public Meetings 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of public meetings. 

The Food and Drug Administration 

(FDA) is announcing two public 

meetings to discuss the final rule 

concerning the prevention of 

Salmonella Enteritidis (SE) in shell eggs 

during production, storage, and 

transportation. The purpose of the 

public meetings is to explain the 

requirements of the rule and how to 

comply with it, and to provide the 

public an opportunity to ask questions. 

DATES, TIMES, AND LOCATIONS: See ‘‘How 

to Participate in the Meetings’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document for dates and times of the 

meetings, closing dates for advance 

registration, requesting special 

accommodations due to disability, and 

other information regarding meeting 

participation. 

CONTACT PERSON: For general questions 

about the meetings or for special 

accommodations due to a disability, 

contact Juanita Yates, Center for Food 

Safety and Applied Nutrition (HFS– 

009), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740, 301–436–1731, e-mail: 

juanita.yates@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. How to Participate in the Meetings 

Table 1 of this document provides 

information on participation in the 

meetings. 

TABLE 1. 

Date Address Electronic Address Other Information 

First public meeting September 30, 2009, from 

1 p.m. to 5 p.m. 

Hyatt Regency Chicago, 

151 East Wacker Dr., 

Chicago, IL 60601 

Advance registration By September 21, 2009 We encourage you to use 

electronic registration if 

possible.1

http://www.fda.gov/Food/ 

NewsEvents/Workshops

MeetingsConferences/ 

default.htm 

There is no registration fee 

for the public meetings. 

Early registration is recommended because 

seating is limited. 

Request special accommodations due to a disability By September 21, 2009 See Contact Person 


sroberts on DSKD5P82C1PROD with RULES