Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15891 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 680 

[Docket No. 101214615–5254–02] 

RIN 0648–BA61 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Crab Rationalization 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 31 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP). These regulations revise 

the rules governing the acquisition, use, 

and retention of quota share established 

for captains and crew, known as crew 

quota share or C shares, under the Crab 

Rationalization Program (CR Program). 

Regulations implementing Amendment 

31 temporarily expand the eligibility 

requirements for individuals wishing to 

acquire C share Quota Share (QS) by 

transfer; establish minimum 

participation requirements for C share 

QS holders to be eligible to receive an 

annual allocation of Individual Fishing 

Quota (IFQ); establish minimum 

participation requirements for C share 

QS holders to be eligible to retain their 

C share QS and an administrative 

process for revocation of an individual’s 

C share QS if he or she fails to satisfy 

the minimum participation 

requirements; establish a regulatory 

mechanism to ensure that three percent 

of the total allowable catch (TAC) for 

each CR Program crab fishery is 

allocated as IFQ to holders of C share 

QS; and remove the prohibition on 

leasing C share IFQ. In addition, this 

final rule implements a regulatory 

amendment to the CR Program that: 

Establishes an earlier deadline for filing 

annual IFQ, individual processing quota 

(IPQ), and crab harvesting cooperative 

IFQ applications, which increases the 

amount of time during which NMFS 

will suspend the processing of IFQ and 

IPQ transfer applications; shortens the 

amount of time in which to appeal an 

initial administrative determination to 

withhold issuance of IFQ or IPQ; and 

provides that an applicant’s proof of 

timely filing for IFQ, IPQ, or cooperative 

IFQ creates a presumption of timely 

filing. Finally, this final rule revises the 

reporting period and due date for CR 

Program registered crab receiver (RCR) 

Ex-vessel Volume and Value Reports. 

This final rule is necessary to ensure 

that individuals who hold C shares are 

active in the CR Program fisheries and 

to ensure that application deadlines 

provide adequate time to resolve 

disputes. This final rule is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), the FMP, and other applicable 

laws. 

DATES: Effective May 1, 2015. 

ADDRESSES: Electronic copies of 

Amendment 31 to the FMP, the 

Regulatory Impact Review (RIR)/Initial 

Regulatory Flexibility Analysis (IRFA), 

and the Categorical Exclusion prepared 

for this action may be obtained from 

http://www.regulations.gov or from the 

Alaska Region Web site at http://

alaskafisheries.noaa.gov. The 

Environmental Impact Statement, RIR, 

and Social Impact Assessment prepared 

for the CR Program are available from 

the NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this rule may 

be submitted to NMFS Alaska Region, 

P.O. Box 21668, Juneau, AK 99802, 

Attn: Ellen Sebastian, Records Officer; 

in person at NMFS Alaska Region, 709 

West 9th Street, Room 420A, Juneau, 

AK; and by email to OIRA_Submission@

omb.eop.gov or faxed to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Baker, 907–586–7228. 

SUPPLEMENTARY INFORMATION: This final 

rule implements Amendment 31 to the 

FMP and regulatory amendments to the 

CR Program. NMFS published a notice 

of availability (NOA) for Amendment 31 

on December 15, 2014 (79 FR 74058). 

The comment period on the NOA for 

Amendment 31 ended on February 13, 

2015. The Secretary approved 

Amendment 31 on March 12, 2015, after 

accounting for information from the 

public, and determining that 

Amendment 31 is consistent with the 

FMP, the MSA, and other applicable 

law. NMFS published a proposed rule to 

implement Amendment 31 and the 

regulatory amendments on December 

24, 2014 (79 FR 77427). The comment 

period on the proposed rule ended on 

January 23, 2015. NMFS received three 

comment letters during the comment 

periods on Amendment 31 and the 

proposed rule. The letters contained 

three unique comments. A summary of 

these comments and NMFS’s responses 

are provided in the Comments and 

Responses section of this preamble. 

Background 

CR Program 

Below is a brief description of the CR 

Program and the elements of that 

Program that apply to Amendment 31 

and this final rule. For a more detailed 

description of the CR Program, please 

see section 2.3 of the RIR/IRFA (see 

ADDRESSES) and the preamble of the 

proposed rule (79 FR 77427; December 

24, 2014). 

Under the CR Program, NMFS issued 

four types of QS based on qualifying 

harvest histories in certain BSAI crab 

fisheries during a specific period of time 

defined under the CR Program. Two of 

these types of QS were issued as C share 

QS to holders of State of Alaska 

Commercial Fisheries Entry 

Commission Interim Use Permits, 

generally vessel captains who met 

specific historic and recent participation 

requirements in CR Program fisheries. 

Vessel captains who did not meet both 

the historic and recent participation 

criteria did not receive initial 

allocations of C share QS. Three-percent 

of the QS pool for each CR Program 

fishery was issued as C share QS. The 

Council’s intent in creating C share QS 

was to provide both a QS holding 

opportunity for long-term fishery 

participants who intended to remain 

active in the fisheries and an entry level 

QS acquisition opportunity for new 

entrants. 

The Council intended IFQ derived 

from C share QS to be harvested by 

individuals active in the CR Program 

fisheries. To achieve this goal, CR 

Program regulations required that 

individuals wishing to acquire C share 

QS to demonstrate that they had at least 

150 days of sea time in a harvesting 

capacity in any U.S. commercial fishery 

and recent participation in one of the 

CR Program fisheries by making a 

landing of CR Program crab in the year 

preceding the application to acquire C 

share QS. 

Implementation of the CR Program 

resulted in a significant reduction in 

harvesting vessel fleet size and a 

commensurate reduction in 

employment opportunities for vessel 

crew. Efficiencies gained under the CR 

Program provide harvesting vessels the 

option to not participate in each fishing 

season for each CR Program crab 

species. These changes in fishing 

practices have made it difficult for 

individuals who wish to acquire C share 

QS to satisfy the participation 

requirement of making a landing of CR 

mstockstill on DSK4VPTVN1PROD with RULES

15892 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

Program crab in the year preceding the 

application to acquire C share QS. 

In addition, holders of C share QS 

may become members of harvesting 

cooperatives and, through contractual 

terms determined by the harvesting 

cooperative, may have IFQ derived from 

their C share QS harvested by other 

fishery participants. This ability to lease 

C share IFQ within a harvesting 

cooperative, coupled with the fleet 

contraction and changes in fishing 

practices occurring since 

implementation of the CR Program, 

rendered the initial regulations related 

to acquisition of C share QS ineffective 

in ensuring that those QS are held by 

active participants in the CR Program 

fisheries. 

Application Deadlines 

The crab fishing year begins on July 

1 and ends on June 30. Annually, QS 

and PQS holders must apply for 

allocations of IFQ and IPQ, respectively, 

for the upcoming crab fishing year. QS 

holders apply for annual IFQ through an 

individual application. Currently, they 

must indicate on this application 

whether or not they are joining a 

cooperative. If they are joining a 

cooperative that year, the cooperative’s 

annual IFQ application must include 

the QS holder’s annual IFQ application 

(or a copy of that application). Because 

IPQ is not subject to cooperative 

management, a PQS holder applies for 

IPQ directly to NMFS, and NMFS issues 

IPQ directly to the PQS holder. Prior to 

this final rule, all applications for IFQ, 

IPQ, and cooperative IFQ had to be filed 

with the NMFS Restricted Access 

Management Program (RAM) by August 

1. To aid QS and PQS holders in 

meeting the application deadline, NMFS 

provides application forms on its Web 

site (see ADDRESSES), highlights the 

application deadline on the site, and 

sends notices to QS and PQS holders 

near the end of the crab fishing year 

reminding them to apply for IFQ or IPQ 

for the next crab fishing year. 

Although the crab fishing year begins 

on July 1, the individual crab fisheries 

open at different times later in the crab 

fishing year. The first crab fishery to 

open is the Aleutian Islands golden king 

crab fishery and, until recently, this 

fishery was scheduled to open on 

August 15. In March 2014, the State of 

Alaska changed the opening date for the 

Aleutian Islands golden king crab 

fishery to August 1, effective with the 

2015/2016 crab fishing year, to allow for 

fishing to occur slightly earlier in the 

summer months when it is safer for the 

fishers. The remaining crab fisheries 

open on October 15 or later in the crab 

fishing year. 

The Actions 

Below are brief descriptions of the 

actions implemented by this final rule. 

For more detailed descriptions of the 

actions and the rationale for these 

actions, please see section 2.4 of the 

RIR/IRFA (see ADDRESSES) and the 

preamble of the proposed rule (79 FR 

77427; December 24, 2014). 

The final rule makes several changes 

to regulations governing the acquisition, 

use, and retention of C share QS under 

the CR Program. The final rule 

temporarily expands the eligibility 

requirements regarding acquisition of C 

share QS by permitting the transfer of C 

share QS to an individual who is a U.S. 

citizen with at least 150 days of sea time 

as part of a harvesting crew in any U.S. 

commercial fishery and who either 

received an initial allocation of CVC or 

CPC QS or participated in at least one 

delivery of crab from a fishery in the CR 

program in three of the five crab fishing 

years prior to the start of the CR 

Program, starting with the 2000/2001 

crab fishing year through the 2004/2005 

crab fishing year. The final rule does not 

remove the current eligibility criteria 

but adds to it the less restrictive 

eligibility criteria for a period of four 

years from the effective date of the final 

rule. 

In order to receive an annual 

allocation of C share IFQ, the final rule 

requires a C share QS holder to have 

either participated in at least one 

delivery in a CR Program fishery in the 

three crab fishing years preceding the 

crab fishing year for which the holder is 

applying for IFQ, or received an initial 

allocation of C shares and participated 

in 30 days of State of Alaska or Alaska 

federal commercial fisheries in the three 

crab fishing years preceding the crab 

fishing year for which the holder is 

applying for IFQ. The final rule also 

requires holders of C share QS to meet 

similar participation requirements over 

a span of four years in order to retain 

their C share QS. 

If a C share QS holder fails to satisfy 

the participation requirements and does 

not divest his or her C share QS, the 

final rule provides NMFS with the 

authority to revoke the C share QS. If a 

C share QS holder satisfies the 

participation requirements to receive C 

share IFQ, the holder also will satisfy 

the participation requirements for 

retention of C share QS. 

The final rule removes the current 

prohibition on leasing C share IFQ and 

C share QS holders will continue to be 

able to join cooperatives. However, all C 

share QS holders must meet the 

participation requirements in order to 

receive C share IFQ and retain C share 

QS; those who lease C share IFQ or join 

a cooperative are not exempt from the 

participation requirements. Finally, the 

final rule revises regulations governing 

the annual calculation of IFQ to ensure 

that 3 percent of the annual TAC for 

each crab fishery included in the CR 

Program is allocated as IFQ to holders 

of C share QS. 

These actions are necessary to fulfill 

the Council’s intent that C share QS are 

held by individuals who are actively 

participating in the CR Program 

fisheries, to provide QS acquisition 

opportunities to captains and crew who 

may have been displaced from 

employment in the CR Program fisheries 

and were not initial recipients of QS, 

and to make C share QS available to 

captains and crew who are new entrants 

into the CR program fisheries. 

Additionally, this final rule 

implements a regulatory amendment 

adopted by the Council. The regulatory 

amendment makes three changes in the 

annual application process for IFQ, IPQ, 

and cooperative IFQ in the CR Program. 

Specifically, this final rule: (1) 

establishes June 15 as the deadline for 

filing annual IFQ, IPQ, and cooperative 

IFQ applications, which also increases 

the amount of time during which NMFS 

will suspend the processing of IFQ and 

IPQ transfer applications; (2) shortens 

the amount of time in which to appeal 

an initial administrative determination 

to withhold issuance of IFQ or IPQ from 

60 days to 30 days; and (3) provides in 

the regulations that an applicant’s proof 

of timely filing an application for IFQ, 

IPQ, or cooperative IFQ creates a 

presumption of timely filing. These 

changes will provide NMFS with 

adequate time to resolve disputes prior 

to the issuance of IFQ and IPQ. 

Finally, to accommodate the State of 

Alaska’s change to the season opening 

date for the Aleutian Islands golden 

king crab fishery, the final rule revises 

the reporting period for RCR Ex-vessel 

Volume and Value Reports, from August 

15 through April 30 to August 1 through 

May 31, and revises the date by which 

the RCR Ex-vessel Volume and Value 

Report must be received by the Regional 

Administrator, from May 15 to May 31. 

These changes align the reporting 

period with the new season opening 

date. The new reporting period will start 

with the 2015/2016 crab fishing year 

and the first reports using the new 

reporting period will be due by May 31, 

2016. 

Comments and Responses 

NMFS received three letters of public 

comment during the public comment 

periods for Amendment 31 and the 

proposed rule. A summary of the 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15893 

comments received and NMFS’ 

responses follow. 

Comment 1: We support the change of 

the IFQ/IPQ permit application date 

from August 1 to June 15. This change 

will reduce the potential for stranding 

crab because adjudicative proceedings 

involving IFQ or IPQ permit 

applications will likely be resolved by 

the time IFQ and IPQ are issued. 

Response: NMFS acknowledges this 

comment and agrees with the 

commenter that the potential for 

stranding crab will be reduced with the 

new application deadline. 

Comment 2: All quotas should be cut 

by 25 percent. 

Response: The purpose of 

Amendment 31 and the final rule is to 

modify the regulations governing the 

acquisition, use, and retention of C 

share QS and to modify the application 

process for IFQ and IPQ. The action is 

not intended to increase or decrease the 

amount of any type of QS originally 

issued under the CR Program or to 

modify the process or methods for 

establishing annual harvest 

specifications. The analysis developed 

for Amendment 31 and the regulatory 

amendment contains no information 

indicating that quota shares or harvest 

levels should be decreased, and 

therefore is outside the scope of this 

rulemaking. 

Comment 3: I oppose amending 

Bering Sea and Aleutian Islands Crab 

Rationalization Program to expand 

eligibility requirements. I believe in 

sustainability and this action is just 

more overfishing. 

Response: NMFS disagrees that the 

temporary expansion of eligibility 

requirements for acquiring C share QS 

will lead to unsustainability and 

overfishing of crab stocks. This action 

does not alter the TAC of any CR 

Program crab fishery or increase the 

amount of C share QS originally issued 

under the CR Program. Therefore, it 

does not increase any fishing. Instead, 

this action, which is more 

administrative in nature, provides an 

opportunity for those individuals who 

may have been forced out of the crab 

fisheries due to fleet contraction at the 

beginning of the CR Program to obtain 

C shares to fish crab again. This action 

also requires captains and crew to be 

active on a vessel, in order to maintain 

their QS, which achieves the Council’s 

intent for holders of C shares to actively 

participate in fishing. 

Changes From the Proposed Rule 

NMFS has made three changes from 

the proposed rule. 

One adds the phrase ‘‘as crew’’ to 

§ 680.41(c)(1)(vii)(B)(2)(ii) to make the 

paragraph consistent with other 

paragraphs requiring participation as 

crew. 

The second change adds language to 

§ 680.40(g)(2)(i) and (ii) and 

§ 680.40(m)(2)(i) and (ii) that explains 

how NMFS will account for years in 

which a crab fishery is closed to fishing 

when determining whether an 

individual has satisfied the 

participation requirements for IFQ 

issuance and C share QS retention. 

NMFS received an inquiry, not formally 

submitted as a comment, regarding the 

participation requirements for 

individuals who hold C shares in a crab 

fishery that is closed, or in a crab fishery 

that closes in the future. NMFS 

recognizes that there are some 

individuals who hold C share QS in a 

single crab fishery and that some CR 

Program crab fisheries are closed to 

fishing periodically or for extended 

periods of time. It is neither the 

Council’s nor NMFS’ intent to penalize 

a C share QS holder for not participating 

when the only crab fishery for which 

the individual holds C share QS is 

closed to fishing. Therefore, the final 

rule clarifies that if an individual holds 

C share QS in a single CR Program crab 

fishery and that fishery is closed to 

fishing for an entire crab fishing year, 

NMFS will exclude that crab fishing 

year when determining whether the 

individual has satisfied the 

participation requirements for IFQ 

issuance and C share QS retention. 

NMFS emphasizes that the exclusion of 

years applies solely to those individuals 

who hold C share QS in just one CR 

Program crab fishery and that fishery is 

closed for an entire crab fishing year. 

NMFS will not exclude crab fishing 

years when an individual holds C share 

QS in more than one CR Program crab 

fishery, some of which may be closed 

for the entire crab fishing year and some 

of which may be open during that same 

year. 

The following examples illustrate this 

clarification. Individual A holds C share 

QS in the Pribilof Islands blue crab 

fishery only, while Individual B holds C 

share QS in the Pribilof Islands blue 

king crab fishery and the Bering Sea 

snow crab fishery. Following 

implementation of this final rule, the 

Pribilof Islands blue king crab fishery is 

closed for three fishing years but the 

Bering Sea snow crab fishery is open 

during these years. Because Individual 

A holds C share QS in a single CR 

Program crab fishery and that fishery is 

closed to fishing for the entire year, 

NMFS would exclude those three crab 

fishing years in which the Pribilof 

Islands blue king crab fishery is closed 

when determining whether Individual A 

has satisfied the participation 

requirements. However, NMFS would 

not exclude the crab fishing years in 

which the Pribilof Islands blue king crab 

fishery is closed when determining 

whether Individual B has satisfied the 

participation requirements because 

Individual B can participate in the 

Bering Sea snow crab fishery and satisfy 

the participation requirements. 

If the Pribilof Islands blue king crab 

fishery would open to fishing in the 

fourth crab fishing year but close again 

for the fifth and sixth fishing years, 

NMFS would include the fourth crab 

fishing year but exclude the fifth and 

sixth crab fishing years when 

determining whether Individual A has 

satisfied the participation requirements. 

Under this example, Individual A 

would only have one open fishing year 

that NMFS would use to determine 

participation. Because the participation 

requirements use three-year and fouryear participation periods, NMFS would 

not have enough open fishing years to 

determine whether Individual A 

satisfied the participation requirements 

and NMFS would not withhold IFQ or 

initiate revocation proceedings until the 

required number of open fishing years 

have occurred and NMFS has 

determined that Individual A failed to 

satisfy the participation requirements. If 

the Pribilof Islands blue king crab 

fishery opens again in the seventh and 

eighth fishing years, NMFS would have 

enough open fishing years to determine 

whether Individual A has satisfied the 

participation requirements for issuance 

of C share IFQ for the ninth crab fishing 

year. 

The third change adds a limited 

exemption at § 680.40(g)(2)(iii) and 

§ 680.40(m)(5) to the participation 

requirements for IFQ issuance and C 

share QS retention for those individuals 

who acquire C share QS using the 

expanded eligibility criteria at 

§ 680.41(c)(1)(vii)(B). NMFS determined 

that the participation requirements 

established by this final rule will be 

immediately applicable to individuals 

who acquire C share QS using the 

expanded eligibility criteria at 

§ 680.41(c)(1)(vii)(B) but that those 

individuals may not be able to satisfy 

the participation requirements at the 

time of acquisition. By design, the 

expanded eligibility requirements do 

not require an eligible individual to 

have participated in a CR Program crab 

fishery in the 365 days prior to 

acquisition of the C share QS and create 

the possibility that an individual who is 

eligible to acquire C share QS under the 

expanded eligibility criteria would fail 

to satisfy the participation requirements 

for issuance of IFQ and retention of C 

mstockstill on DSK4VPTVN1PROD with RULES

15894 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

share QS. Therefore, NMFS has 

included in the final rule a limited 

exemption to the participation 

requirements for individuals acquiring 

C share QS under the expanded 

eligibility criteria. The exemption 

would postpone the withholding of C 

share IFQ or revocation of C share QS 

until after these individuals had held 

the acquired C share QS for four full 

crab fishing years. 

OMB Revisions to Paperwork 

Reduction Act References in 15 CFR 

902.1(b) 

Section 3507(c)(B)(i) of the PRA 

requires that agencies inventory and 

display a current control number 

assigned by the Director, OMB, for each 

agency information collection. Section 

902.1(b) identifies the location of NOAA 

regulations for which OMB approval 

numbers have been issued. Because this 

final rule revises and adds data 

elements within a collection-ofinformation for recordkeeping and 

reporting requirements, 15 CFR 902.1(b) 

is revised to reference correctly the 

sections resulting from this final rule. 

Classification 

The Administrator, Alaska Region, 

determined that Amendment 31 is 

necessary for the conservation and 

management of the Bering Sea/Aleutian 

Island CR Program fisheries and that it 

is consistent with the MagnusonStevens Fishery Conservation and 

Management Act and other applicable 

laws. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a final regulatory 

flexibility analysis, the agency shall 

publish one or more guides to assist 

small entities in complying with the 

rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. The preamble to the 

proposed rule (79 FR 77427; December 

24, 2014) and the preamble to this final 

rule serve as the small entity 

compliance guide. This rule does not 

require any additional compliance from 

small entities that is not described in 

the preamble to the proposed rule (79 

FR 77427; December 24, 2014) and this 

final rule. Copies of the proposed rule 

and this final rule are available from 

NMFS at the following Web site: 

http://alaskafisheries.noaa.gov. 

Final Regulatory Flexibility Analysis 

(FRFA) 

The following paragraphs constitute 

the final regulatory flexibility analysis 

for this action. Section 604 of the 

Regulatory Flexibility Act requires an 

agency to prepare a FRFA after being 

required by that section or any other law 

to publish a general notice of proposed 

rulemaking and when an agency 

promulgates a final rule under section 

553 of Title 5 of the U.S. Code. 

Section 604 describes the required 

contents of a FRFA: (1) A statement of 

the need for, and objectives of, the rule; 

(2) a statement of the significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis, a statement of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the proposed rule as a result of such 

comments; (3) the response of the 

agency to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration in response to 

the proposed rule, and a detailed 

statement of any change made to the 

proposed rule in the final rule as a 

result of the comments; (4) a description 

of and an estimate of the number of 

small entities to which the rule will 

apply or an explanation of why no such 

estimate is available; (5) a description of 

the projected reporting, recordkeeping 

and other compliance requirements of 

the rule, including an estimate of the 

classes of small entities which will be 

subject to the requirement and the type 

of professional skills necessary for 

preparation of the report or record; and 

(6) a description of the steps the agency 

has taken to minimize the significant 

economic impact on small entities 

consistent with the stated objectives of 

applicable statutes, including a 

statement of the factual, policy, and 

legal reasons for selecting the alternative 

adopted in the final rule and why each 

one of the other significant alternatives 

to the rule considered by the agency 

which affect the impact on small 

entities was rejected. 

Need for and Objectives of the Rule 

A description of the need for, and 

objectives of, the rule is contained in the 

preamble to this final rule and is not 

repeated here. This FRFA incorporates 

the Initial Regulatory Flexibility 

Analysis (IRFA) and the summary of the 

IRFA in the proposed rule (79 FR 77427, 

December 24, 2014). 

Summary of Significant Issues Raised 

During Public Comment 

NMFS published a proposed rule to 

implement Amendment 31 on December 

24, 2014 (79 FR 77427). An IRFA was 

prepared and summarized in the 

Classification section of the preamble to 

the proposed rule. The description of 

this action, its purpose, and its legal 

basis are described in the preamble to 

the proposed rule and are not repeated 

here. 

NMFS received three public 

comments on Amendment 31 and the 

proposed rule. No comments were 

received on the IRFA, or on the 

economic impacts of this action 

generally. The Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA) did not file any 

comments on the proposed rule. 

Number and Description of Small 

Entities Regulated by the Action 

The entities directly regulated by this 

action are individuals who currently 

hold C share QS, and individuals who 

were at one time active in the crab 

fisheries as captain and crew prior to 

the implementation of the CR Program 

but who are no longer active as captain 

or crew. The SBA has established size 

standards for all major industry sectors 

in the U.S., including commercial 

shellfish harvesters. On June 12, 2014, 

the Small Business Administration 

(SBA) issued a final rule revising the 

small business size standards for several 

industries effective July 14, 2014 (79 FR 

33647, June 12, 2014). The new size 

standards were used to prepare the 

FRFA for this final rule. A business 

primarily involved in finfish 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 gross receipts not in 

excess of $20.5 million, for all its 

affiliated operations worldwide. For 

commercial shellfish harvesters, the 

same qualifiers apply, except the 

combined annual gross receipts 

threshold is $5.5 million. 

One hundred and seventy-nine 

individuals currently hold C shares. Of 

these individuals, 70 are estimated to 

have been part of the 239 individuals 

who received an initial allocation of C 

shares based on their historical 

participation record. About 750 

individuals, who were active in the crab 

fisheries as captain and crew prior to 

the implementation of the CR Program, 

are no longer active as captain or crew; 

the final rule allows those 750 

individuals to acquire C shares by 

transfer for a period of four years. Thus, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15895 

approximately 1100 individuals (750 

who were active prior to rationalization, 

239 who were initial recipients, and 109 

who have since acquired C shares) 

would be impacted by the change in the 

regulations regarding the eligible 

individuals who would be able to 

acquire C shares by transfer in this rule. 

Based on the SBA’s size standard, the 

Council and NMFS believe that all 

holders of C shares are small entities for 

purposes of the RFA. 

The final rule also makes several 

regulatory amendments that are not 

contained in Amendment 31 to the 

FMP. These amendments directly 

regulate holders of QS, PQS and 

cooperatives formed under the CR 

Program. Each of the cooperatives in the 

CR Program includes as few as several 

to as many as several hundred of QS 

holders as members and has revenues in 

excess of the small entity threshold; 

however, during the 2010–2011 fishing 

season, 64 QS holders elected not to join 

cooperatives. These 64 QS holders are 

all small entities for RFA purposes. 

Entities holding PQS with fewer than 

500 employees are ‘‘small entities’’ 

according to the RFA. As of 2011, 21 

entities hold PQS. Of these 21 entities, 

10 are large entities and 11 are small 

entities for RFA purposes. 

Recordkeeping, Reporting, and 

Compliance Requirements 

The final rule makes several changes 

to recordkeeping and reporting 

requirements for C share QS holders, as 

well as those wishing to acquire C 

shares. Entities wishing to acquire C 

shares that are currently ineligible, 

because of they are not currently 

participating as captains or crew, but 

that will be eligible, because of past 

participation, will be required to submit 

evidence of past participation in the 

form of fish tickets or affidavits. Entities 

holding C share QS will also be required 

to submit verification of their 

compliance with participation standards 

necessary for the receiving C share IFQ 

and to maintain their C share QS 

holdings. Since C share QS holders 

must meet participation standards to 

receive annual IFQ allocations and 

retain C share QS, the reporting 

requirements are structured to 

determine compliance with those 

standards. 

Description of Significant Alternatives 

to the Final Action That Minimize 

Adverse Impacts on Small Entities 

A FRFA must describe the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statues, 

including a statement of the factual, 

policy, and legal reasons for selecting 

the alternative adopted in the final rule 

and why each one of the other 

significant alternatives to the rule 

considered by the agency that affect the 

impact on small entities was rejected. 

‘‘Significant alternatives’’ are those that 

achieve the stated objectives for the 

action, consistent with prevailing law 

with potentially lesser adverse 

economic impacts on small entities, as 

a whole. 

Three alternatives, including the no 

action alternative, were considered to 

relax the eligibility requirements for the 

acquisition of C shares by transfer. The 

first alternative creates eligibility for 

entities that received an initial 

allocation of C shares. The second 

alternative creates eligibility for entities 

with historical participation in the CR 

Program fisheries. The Council decided 

to select both of the action alternatives 

to fully expand the eligibility to include 

all those entities who had historically 

participated in the crab fisheries prior to 

rationalization. The Council did not 

consider further expanding the 

eligibility to include entities that do not 

have any type of historical participation 

in the crab fisheries, because the 

original intent in establishing C shares 

was to provide an opportunity for 

entities with a connection to the crab 

fisheries, through participation, to own 

shares. 

The final rule contains a provision 

that no C shares would be revoked until 

5 years after implementation of the 

amendment to the FMP. The Council 

intended that this provision would 

mitigate negative effects on individuals 

whose shares may be revoked by this 

action. The Council and NMFS 

considered two other options to delay 

revocations. Under the first, no 

revocations would have taken place 

until 5 years after implementation of the 

CR Program, which would have been 

the year 2010. The second option 

extended the period to 10 years after 

implementation of the CR Program, 

which would have been the year 2015. 

The preferred alternative would begin 

revocations 5 years after this final rule 

is effective. This alternative was 

selected because it provides holders of 

C shares with certainty about the rules 

that will govern C shares and with time 

to consider business plans for their C 

shares. The preferred alternatives give 

holders of C shares time to plan whether 

to meet the new active participation 

requirements and retain their C shares 

or whether to divest their share 

holdings. 

For the provision requiring active 

participation to receive annual IFQ from 

C shares, the final rule requires active 

participation over a 3-year period. For 

the provision requiring active 

participation requirement to retain C 

shares, the final rule requires active 

participation over a 4-year period. Three 

categories of alternatives were 

considered for these provisions: the 

status quo alternative, which essentially 

had no active participation requirement 

because holders of C shares can and do 

assign their shares to cooperatives; 

alternatives that would require less or 

no active participation in the fisheries to 

maintain C share holdings; and 

alternatives that would require greater 

levels of participation as crew. 

The Council concluded, and NMFS 

agrees, that the status quo and the 

alternatives that require less 

participation to maintain C share 

holdings are inconsistent with the 

Council’s intent to ensure that C shares 

are held by individuals who are active 

in the fisheries and to create a pool of 

C shares for use exclusively by 

individuals who are active in the 

fisheries. The Council examined 

alternatives that required higher levels 

of participation to maintain C share 

holdings or that required participation 

exclusively in CR Program fisheries. The 

Council concluded, and NMFS agrees 

that these alternatives unduly 

constrained holders of C shares, given 

the fleet consolidation and other 

changes in crab fishing under the CR 

Program. With fewer vessels active in 

the fisheries, greater competition for 

crew jobs is an obstacle to maintaining 

active participation in the CR Program 

fisheries. By allowing individuals to 

meet a minimal landing requirement to 

maintain their active participation 

status and by allowing individuals who 

are initial recipients of C shares to meet 

the active participation requirements 

through fishing in non-crab commercial 

fisheries in Alaska, the preferred 

alternative would allow individuals to 

miss some seasons, when crew jobs may 

be difficult to secure. The Council 

concluded and NMFS agrees that the 

preferred alternative reaches a 

reasonable balance between alternatives 

that would allow extended absences 

from active participation in the fisheries 

and alternatives that would require 

greater participation in the CR Program 

fisheries, an approach which fails to 

recognize the nature of the market for 

employment in the CR Program 

fisheries. 

The Council did not consider an 

alternative to the regulatory mechanism 

to ensure three percent of the TAC for 

each CR Program fishery is allocated to 

holders of C share QS. Under the 

current regulations, approximately three 

mstockstill on DSK4VPTVN1PROD with RULES

15896 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

percent of the IFQ pool is allocated as 

C share IFQ and 97 percent is allocated 

as owner share IFQ, as is required by the 

CR Program. However, with the new 

active participation provisions, and the 

potential for IFQ not to be allocated to 

entities which do not meet these 

provisions, there is a possibility that the 

C share IFQ allocation would be 

reduced. To ensure that the C share IFQ 

pool remains at its intended levels, the 

Council requested a mechanism put in 

place to maintain the C share IFQ pool 

at three percent of the IFQ pool, 

regardless of whether some holders of C 

share receive their annual IFQ 

allocation. 

Duplicate, Overlapping, or Conflicting 

Federal Rules 

No duplication, overlap, or conflict 

between this action and existing Federal 

rules has been identified. 

Collection-of-Information Requirements 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA), which 

have been approved by the Office of 

Management and Budget (OMB). 

Collections are presented below by 

OMB control number. 

OMB Control No. 0648–0514 

Public reporting burden per response 

is estimated to average 2 hours for the 

Application for BSAI Crab Eligibility to 

Receive QS/PQS or IFQ/IPQ by 

Transfer; 2.5 hours for Application for 

Annual Crab Permit IFQ; 2.5 hours for 

Application for Annual Crab Permit 

IPQ; 30 minutes for Application for 

Converted CPO QS and CPO IFQ; 2.5 

hours for Application for Crab 

Harvesting Cooperative IFQ Permit; 4 

hours for Appeal for Denial of 

Application; 2.5 hours for Application 

for Transfer of Crab IFQ; 2.5 hours for 

Application for Transfer of Crab IPQ 

permit; and 2 hours for Application for 

Transfer of Crab QS or PQS. 

OMB Control No. 0648–0570 

Public reporting burden per response 

is estimated to average 2 hours for the 

CR Program Registered Crab Receiver 

Ex-vessel Volume and Value Report. 

Burden estimates include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. 

Send comments regarding these 

burden estimates, or any other aspects 

of the information collections, to NMFS 

(see ADDRESSES) and by email to OIRA_

Submission@omb.eop.gov or fax to 202– 

395–5806. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirement of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

All currently approved NOAA 

collections of information may be 

viewed at: http://www.cio.noaa.gov/

services_programs/prasubs.html. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 680 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: March 17, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 and 50 CFR part 680 as follows: 

Title 15—Commerce and Foreign Trade 

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, in the table in paragraph 

(b), under the entry ‘‘50 CFR’’: 

■ a. Remove the entry for ‘‘680.4(a) 

through (p)’’ 

■ b. Add an entry in alphanumeric 

order for ‘‘680.4(a) through (q)’’; and 

■ c. Revise entries for ‘‘680.5(a) and (h) 

through (l)’’; ‘‘680.5(f)’’; ‘680.5(g)’’; and 

‘‘680.5(m)’’. 

The additions and revisions 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 

(all numbers 

begin with 

0648–) 

* * * * * 

50 CFR: 

* * * * * 

680.4(a) through (q) .......... –0514 

680.5(a) and (h) through (l) –0514 

CFR part or section where 

the information collection 

requirement is located 

Current OMB 

control number 

(all numbers 

begin with 

0648–) 

* * * * * 

680.5(f) .............................. –0514 

680.5(g) ............................. –0570 

680.5(m) ............................ –0570 

* * * * * 

Title 50—Wildlife and Fisheries 

PART 680—SHELLFISH FISHERIES OF 

THE EXCLUSIVE ECONOMIC ZONE 

OFF ALASKA 

■ 3. The authority citation for part 680 

continues to read as follows: 

Authority: 16 U.S.C. 1862; Pub. L. 109– 

241; Pub. L. 109–479. 

■ 4. In § 680.4, revise paragraphs (f)(1) 

and (n)(1)(i), and add paragraph (q) to 

read as follows: 

§ 680.4 Permits. 

* * * * * 

(f) * * * 

(1) A complete application must be 

received by NMFS no later than June 15 

(or postmarked by this date, if sent via 

U.S. mail or a commercial carrier) for 

the upcoming crab fishing year for 

which a person is applying to receive 

IFQ or IPQ. If a complete application is 

not received by NMFS by this date, or 

postmarked by this date, the person will 

not receive IFQ or IPQ for the upcoming 

crab fishing year. In the event that 

NMFS has not received a complete and 

timely application by June 15, NMFS 

will presume that the application was 

timely filed if the applicant can provide 

NMFS with proof of timely filing. 

* * * * * 

(n) * * * 

(1)(i) A complete application must be 

received by NMFS no later than June 15 

(or postmarked by this date, if sent via 

U.S. mail or a commercial carrier) for 

the upcoming crab fishing year for 

which a person or crab harvesting 

cooperative is applying to receive 

converted CPO QS and the IFQ derived 

from that converted CPO QS. If a 

complete application is not received by 

NMFS by this date, or postmarked by 

this date, the person or crab harvesting 

cooperative will not receive converted 

CPO QS and the IFQ derived from that 

converted CPO QS for the upcoming 

crab fishing year. In the event that 

NMFS has not received a complete and 

timely application by June 15, NMFS 

will presume that the application was 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15897 

timely filed if the applicant can provide 

NMFS with proof of timely filing. 

* * * * * 

(q) Initial administrative 

determination (IAD). The Regional 

Administrator will prepare and send an 

IAD to the applicant following the 

expiration of the 30-day evidentiary 

period if the Regional Administrator 

determines that the information or 

evidence provided by the applicant fails 

to support the applicant’s claims and is 

insufficient to establish that the 

applicant meets the requirements, or if 

the additional information, evidence, or 

revised application is not provided 

within the time period specified in the 

letter that notifies the applicant of his or 

her 30-day evidentiary period. The IAD 

will indicate the deficiencies in the 

application, including any deficiencies 

with the information, the evidence 

submitted in support of the information, 

or the revised application. The IAD will 

also indicate which claims cannot be 

approved based on the available 

information or evidence. An applicant 

who receives an IAD may appeal under 

the appeals procedures set forth at 15 

CFR part 906. If an applicant appeals an 

IAD denying an Application for Annual 

Crab IFQ, IPQ, or harvesting 

Cooperative IFQ Permit because the 

application was not timely filed, the 

appeal must be filed within 30 days 

after the date the IAD is issued. An 

applicant who avails himself or herself 

of the opportunity to appeal an IAD will 

not receive crab IFQ or IPQ until after 

the final resolution of that appeal in the 

applicant’s favor. 

■ 5. In § 680.5, revise paragraphs (m)(2) 

and (3) to read as follows: 

§ 680.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(m) * * * 

(2) Reporting period. The reporting 

period of the CR RCR Ex-vessel Volume 

and Value Report shall extend from 

August 1 through May 31 of the 

following year, inclusive. 

(3) Due date. A complete CR RCR Exvessel Volume and Value Report must 

be received by the Regional 

Administrator no later than May 31 of 

the reporting period in which the RCR 

received CR crab. 

* * * * * 

■ 6. In § 680.21, revise paragraphs (b)(1), 

(b)(2) introductory text, and (d)(1) to 

read as follows: 

§ 680.21 Crab harvesting cooperatives. 

* * * * * 

(b) * * * 

(1) June 15 application deadline. A 

complete application must be received 

together with a signed annual 

application for crab IFQ/IPQ permit 

forms of all members of the crab 

harvesting cooperative, by NMFS no 

later than June 15 (or postmarked by 

this date, if sent via U.S. mail or a 

commercial carrier) for the upcoming 

crab fishing year for which the crab 

harvesting cooperative is applying to 

receive IFQ. If a complete application is 

not received by NMFS by this date, or 

postmarked by this date, the crab 

harvesting cooperative will not receive 

IFQ for the upcoming crab fishing year. 

In the event that NMFS has not received 

a complete and timely application by 

June 15, NMFS will presume that the 

application was timely filed if the 

applicant can provide NMFS with proof 

of timely filing. 

(2) Contents. A complete application 

must contain the following information: 

* * * * * 

(d) * * * 

(1) Transfer of QS. A member of a 

crab harvesting cooperative may acquire 

or divest QS at any time in accordance 

with the transfer procedures in § 680.41. 

However, transfers of QS that occur after 

the June 15 deadline for crab harvesting 

cooperative IFQ permit applications 

will not be reflected in the type or 

amount of IFQ permit issued to the crab 

harvesting cooperative for that crab 

fishing year. 

* * * * * 

■ 7. In § 680.40: 

■ a. Revise paragraphs (g) and (h)(1); 

and 

■ b. Add paragraph (m) to read as 

follows: 

§ 680.40 Crab Quota Share (QS), 

Processor QS (PQS), Individual Fishing 

Quota (IFQ), and Individual Processor 

Quota (IPQ) Issuance. 

* * * * * 

(g) Annual allocation of IFQ—(1) 

General. IFQ is assigned based on the 

underlying QS. Except for CVC and CPC 

QS permit holders who fail to meet the 

participation requirements at paragraph 

(g)(2) of this section, the Regional 

Administrator shall assign crab IFQs to 

each person who holds QS and submits 

a complete annual application for crab 

IFQ/IPQ permit as described under 

§ 680.4. IFQ will be assigned to a crab 

QS fishery with the appropriate regional 

designation, QS sector, and IFQ class. 

This amount will represent the 

maximum amount of crab that may be 

harvested from the specified crab QS 

fishery by the person to whom it is 

assigned during the specified crab 

fishing year, unless the IFQ assignment 

is changed by the Regional 

Administrator because of an approved 

transfer, revoked, suspended, or 

modified under 15 CFR part 904. 

(2) Eligibility for CVC and CPC IFQ. 

For each crab fishing year after June 30, 

2018, individuals holding CVC or CPC 

QS permits must meet the participation 

requirements set forth in paragraphs 

(g)(2)(i) or (g)(2)(ii) of this section in 

order to receive CVC or CPC IFQ unless 

the CVC or CPC QS permit holder meets 

the exemption provided in paragraph 

(g)(2)(iii) of this section. 

(i) The individual has participated as 

crew in at least one delivery of crab in 

any CR crab fishery during the three 

crab fishing years preceding the crab 

fishing year for which the individual is 

filing an annual crab IFQ permit 

application. If the individual holds C 

share QS in a single CR crab fishery and 

that CR crab fishery is closed to fishing 

for an entire crab fishing year, NMFS 

will exclude that crab fishing year when 

determining whether the individual has 

satisfied this participation requirement. 

(ii) The individual was an initial 

recipient of CVC or CPC QS and 

participated as crew in at least 30 days 

of fishing in a commercial fishery 

managed by the State of Alaska or in a 

U.S. commercial fishery in the U.S. 

Exclusive Economic Zone off Alaska 

during the three crab fishing years 

preceding the crab fishing year for 

which the individual is filing an annual 

crab IFQ permit application. Individuals 

may combine participation as crew in 

State and Federal commercial fisheries 

to meet this requirement. If the 

individual holds C share QS in a single 

CR crab fishery and that CR crab fishery 

is closed to fishing for an entire crab 

fishing year, NMFS will exclude that 

crab fishing year when determining 

whether the individual has satisfied this 

participation requirement. 

(iii) All of the CVC or CPC QS permits 

held by the individual were acquired 

using the eligibility criteria in 50 CFR 

680.41(c)(1)(vii)(B) and the individual 

has held those CVC or CPC QS permits 

for less than three full crab fishing 

years. 

(3) Withholding of CVC or CPC IFQ. 

Beginning July 1, 2018, the Regional 

Administrator will withhold issuance of 

CVC or CPC IFQ to an individual who 

has not met the participation 

requirements set forth in paragraph 

(g)(2) of this section. The Regional 

Administrator will withhold an 

individual’s CVC IFQ or CPC IFQ in 

accordance with the procedures set 

forth in paragraphs (g)(3)(i) and (ii) of 

this section. 

(i) Notice of C Share IFQ Withholding. 

The Regional Administrator will issue a 

Notice of C Share IFQ Withholding to an 

individual holding CVC or CPC QS if, 

mstockstill on DSK4VPTVN1PROD with RULES

15898 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

after reviewing the CVC or CPC QS 

holder’s Application for Annual Crab 

IFQ Permit, the Regional Administrator 

determines that the CVC or CPC QS 

holder has failed to meet the 

participation requirements in paragraph 

(g)(2) of this section. A CVC or CPC QS 

holder who receives a Notice of C Share 

IFQ Withholding will have 30 days to 

provide the Regional Administrator 

with information demonstrating 

participation as crew that meets the 

requirements of paragraph (g)(2) of this 

section. 

(ii) Initial administrative 

determination (IAD). The Regional 

Administrator will prepare and send an 

IAD to the CVC or CPC QS holder 

following the expiration of the 30-day 

evidentiary period if the Regional 

Administrator determines that the 

information or evidence provided by the 

CVC or CPC QS holder fails to 

demonstrate participation as crew and is 

insufficient to rebut the information 

included in the CVC or CPC QS holder’s 

Applications for Annual Crab IFQ 

Permit, or if the additional information 

or evidence is not provided within the 

time period specified in the Notice of C 

Share IFQ Withholding. The IAD will 

explain the basis for the withholding of 

IFQ. A CVC or CPC QS holder who 

receives an IAD withholding IFQ may 

appeal under the appeals procedures set 

forth at 15 CFR part 906. A CVC or CPC 

QS holder who avails himself or herself 

of the opportunity to appeal an IAD 

withholding IFQ will not receive crab 

IFQ until after the final resolution of 

that appeal in the QS holder’s favor. 

(h) * * * 

(1) General. (i) The annual allocation 

of IFQ to any person (p) in any crab QS 

fishery (f) will be based on the TAC of 

crab for that crab QS fishery less the 

allocation to the Western Alaska CDQ 

Program (‘‘CDQ Reserve’’) and Western 

Aleutian Islands golden king crab 

fishery. Expressed algebraically, the 

annual IFQ allocation formula is as 

follows: 

(A) IFQ TACf = TACf ¥ (CDQ 

Reservef + Allocation for the Western 

Aleutian Island golden king crab 

fishery) 

(B) IFQpf = IFQ TACf × (QSpf/QS poolf) 

(ii) CVO, CPO, CVC, and CPC IFQ. 

Each year, 3 percent of the IFQ TACf

will be allocated as CVC IFQ or CPC IFQ 

and 97 percent of the IFQ TACf will be 

allocated as CVO IFQ or CPO IFQ. 

Expressed algebraically, the formulas for 

the annual IFQ allocations are as 

follows: 

(A) CVC/CPC IFQf = IFQ TACf × 0.03 

(B) CVO/CPO IFQf = IFQ TACf × 0.97 

* * * * * 

(m) Participation requirements for 

retention of CVC QS and CPC QS. (1) 

Beginning July 1, 2019, and each crab 

fishing year thereafter, individuals 

allocated CVC QS or CPC QS must meet 

the participation requirements set forth 

in paragraphs (m)(2)(i) or (m)(2)(ii) of 

this section in order to retain their CVC 

QS or CPC QS unless the CVC or CPC 

QS holder meets the exemption 

provided in paragraph (m)(5) of this 

section. 

(2)(i) The individual has participated 

as crew in at least one delivery of crab 

in any CR crab fishery during the 

previous four consecutive crab fishing 

years. If the individual holds C share QS 

in a single CR crab fishery and that CR 

crab fishery is closed to fishing for an 

entire crab fishing year, NMFS will 

exclude that crab fishing year when 

determining whether the individual has 

satisfied this participation requirement. 

(ii) The individual was an initial 

recipient of CVC QS or CPC QS and 

participated as crew in at least 30 days 

of fishing in a commercial fishery 

managed by the State of Alaska or in a 

U.S. commercial fishery in the U.S. 

Exclusive Economic Zone off Alaska 

during the previous four consecutive 

crab fishing years. Individuals may 

combine participation as crew in State 

and Federal commercial fisheries to 

meet this requirement. If the individual 

holds C share QS in a single CR crab 

fishery and that CR crab fishery is 

closed to fishing for an entire crab 

fishing year, NMFS will exclude that 

crab fishing year when determining 

whether the individual has satisfied this 

participation requirement. 

(3) An individual issued a CVC QS or 

CPC QS permit may include information 

demonstrating compliance with the 

participation requirements in paragraph 

(m)(2) of this section with the 

individual’s annual Application for 

Crab IFQ. 

(4) If an individual issued a CVC QS 

or CPC QS permit fails to meet the 

participation requirements in paragraph 

(m)(2) of this section or fails to qualify 

for the exemption in paragraph (m)(5) of 

this section, NMFS will revoke all of the 

individual’s CVC QS or CPC QS in 

accordance with § 680.43. 

(5) All of the CVC or CPC QS permits 

held by the individual were acquired 

using the eligibility criteria in 

§ 680.41(c)(1)(vii)(B) and the individual 

has held those CVC or CPC QS permits 

for less than four full crab fishing years. 

■ 8. In § 680.41, revise paragraphs (b)(1), 

(c)(1)(vii) and (viii), (c)(2)(ii)(C), and 

(e)(3) to read as follows: 

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

* * * * * 

(b) * * * 

(1) Application. An application is 

required to transfer any amount of QS, 

PQS, IFQ, or IPQ. A transfer application 

will not be approved until the necessary 

eligibility application has been 

submitted and approved by NMFS in 

accordance with paragraph (c) of this 

section. The Regional Administrator 

will not approve any transfers of QS, 

PQS, IFQ, or IPQ in any crab QS fishery 

from June 15 until either the date of the 

issuance of IFQ or IPQ for that crab QS 

fishery, or the date on which the State 

of Alaska announces that a crab QS 

fishery will not open for that crab 

fishing year. 

* * * * * 

(c) * * * 

(1) * * * 

Quota type Eligible person Eligibility requirements 

*******

(vii) CVC or CPC QS ..................... An individual .................................. (A) Who is a U.S. citizen with: 

(1) At least 150 days of sea time as part of a harvesting crew in 

any U.S. commercial fishery, and 

(2) Recent participation as crew in at least one delivery of crab in 

a CR crab fishery in the 365 days prior to submission of the 

application for eligibility, 

(B) From May 1, 2015, until May 1, 2019, CVC or CPC QS also may 

be transferred to an individual who is a U.S. citizen with: 

(1) At least 150 days of sea time as part of a harvesting crew in 

any U.S. commercial fishery, and 

(2) Who either: 

(i) Received an initial allocation of CVC or CPC QS; or 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15899 

Quota type Eligible person Eligibility requirements 

(ii) Participated as crew in at least one delivery of crab in a 

CR crab fishery in any 3 of the 5 crab fishing years starting on July 1, 2000, through June 30, 2005. 

(viii) CVC or CPC IFQ .................... All eligible individuals for CVC or 

CPC QS.

According to the requirements in paragraph (c)(1)(vii) of this section. 

(2) * * * 

(ii) * * * 

(C) Eligibility for CVC or CPC QS/IFQ. 

Indicate (YES or NO) whether this 

application is intended for a person who 

wishes to buy CVC or CPC QS/IFQ. If 

YES, provide evidence demonstrating 

that the applicant meets the criteria set 

forth in paragraph (c)(1)(vii) of this 

section. Acceptable evidence is limited 

to an ADF&G fish ticket imprinted with 

the applicant’s State of Alaska permit 

card and signed by the applicant, an 

affidavit from the vessel owner, or a 

signed receipt for an IFQ crab landing 

on which the applicant was acting as 

the permit holder’s crab IFQ hired 

master. 

* * * * * 

(e) * * * 

(3) IFQ derived from CVC QS or CPC 

QS. IFQ derived from CVC or CPC QS 

may be transferred by lease on an 

annual basis. 

* * * * * 

■ 9. Revise § 680.43 to read as follows: 

§ 680.43 Revocation of CVC and CPC QS. 

(a) Beginning July 1, 2019, the 

Regional Administrator will revoke all 

CVC QS and CPC QS held by an 

individual who has not met the 

participation requirements set forth in 

§ 680.40(m). The Regional 

Administrator will revoke an 

individual’s CVC QS or CPC QS in 

accordance with the procedures set 

forth in this section. 

(b) Notice of C Share QS Inactivity. 

The Regional Administrator will issue a 

Notice of C Share QS Inactivity to an 

individual holding CVC or CPC QS if, 

after reviewing the CVC or CPC QS 

holder’s Applications for Annual Crab 

IFQ Permit, the Regional Administrator 

determines that the CVC or CPC QS 

holder has failed to meet the 

participation requirements in 

§ 680.40(m). A CVC or CPC QS holder 

who receives such a Notice will have 60 

days to provide the Regional 

Administrator with information 

demonstrating participation as crew that 

meets the requirements of § 680.40(m). 

(c) Initial administrative 

determination (IAD). The Regional 

Administrator will prepare and send an 

IAD to the CVC or CPC QS holder 

following the expiration of the 60-day 

evidentiary period if the Regional 

Administrator determines that the 

information or evidence provided by the 

CVC or CPC QS holder fails to 

demonstrate participation as crew and is 

insufficient to rebut the information 

included in the CVC or CPC QS holder’s 

Applications for Annual Crab IFQ 

Permit, or if the additional information 

or evidence is not provided within the 

time period specified in the Notice of C 

Share QS Inactivity. The IAD will 

explain the basis for the revocation 

determination. A CVC or CPC QS holder 

who receives an IAD for revocation may 

appeal under the appeals procedures set 

forth at 15 CFR part 906. A CVC or CPC 

QS holder who avails himself or herself 

of the opportunity to appeal an IAD for 

revocation will not receive crab IFQ or 

IPQ until after the final resolution of 

that appeal in the QS holder’s favor. 

[FR Doc. 2015–06928 Filed 3–25–15; 8:45 am] 

BILLING CODE 3510–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0746; FRL–9924–49– 

Region 9] 

Approval, Disapproval, and Limited 

Approval and Disapproval of Air 

Quality Implementation Plans; 

California; Monterey Bay Unified Air 

Pollution Control District; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve certain revisions to the 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD or District) 

portion of the applicable state 

implementation plan (SIP) for the State 

of California and to disapprove certain 

other revisions. This action was 

proposed in the Federal Register on 

October 15, 2014. These revisions 

include submittal of certain new or 

revised rules governing the issuance of 

permits for stationary sources, including 

review and permitting of minor sources, 

and major sources and major 

modifications under part C of title I of 

the Clean Air Act (CAA). EPA is taking 

this action under the Clean Air Act 

obligation to take action on State 

submittals of revisions to state 

implementation plans. The intended 

effect is to update the applicable SIP 

with current MBUAPCD permitting 

rules and set the stage for remedying 

certain deficiencies in these rules. 

DATES: This rule is effective on April 27, 

2015. 

ADDRESSES: EPA has established docket 

number [EPA–R09–OAR–2014–0746] 

for this action. Generally, documents in 

the docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, by 

phone: (415) 972–3534 or by email at 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comment 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 15, 2014 (79 FR 61797), 

EPA proposed several actions in 

connection with certain revisions to the 

MBUAPCD portion of the California SIP 

submitted by the California Air 

Resources Board under the CAA. Table 

1 lists the rules submitted for EPA 

action. 

mstockstill on DSK4VPTVN1PROD with RULES