[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62885-62890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24758]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 090313314-4831-02]
RIN 0648-AX78


Fisheries of the Exclusive Economic Zone Off Alaska; 
Modifications to Federal Fisheries Permits and Federal Processor 
Permits

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

ACTION: Final rule.

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SUMMARY: NMFS revises regulations for the application process, use, 
surrender, and amendment of a Federal Fisheries Permit (FFP) or a 
Federal Processor Permit (FPP). This action will reduce industry 
compliance costs associated with fishing and processing permit 
regulations and NMFS' administrative costs associated with maintaining 
and updating permit application regulations and forms. This action 
promotes the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the Fishery 
Management Plan for Groundfish of the Gulf of Alaska, the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area, and other applicable laws.

DATES: Effective November 20, 2014.

ADDRESSES: Electronic copies of the proposed rule, the Categorical 
Exclusion, and the Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA) are available from http://www.regulations.gov or 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 99802-1668, Attn: Ellen Sebastian, Records Officer; or by email to 
<a href="/cdn-cgi/l/email-protection#6f20263d2e303c1a0d02061c1c0600012f00020d410a001f41080019"><span class="__cf_email__" data-cfemail="4d02041f0c121e382f20243e3e2422230d22202f6328223d632a223b">[email protected]</span></a> or fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, Sustainable 
Fisheries Division, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Regulatory Authority

    NMFS Alaska Region manages the U.S. groundfish fisheries in the 
Exclusive Economic Zone (EEZ) off Alaska under the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska. The fishery management plans were prepared by the North Pacific 
Fishery Management Council, under authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. and other applicable laws, and approved by 
the Secretary of Commerce. Regulations implementing the fishery 
management plans appear at 50 CFR part 679. General regulations that 
pertain to U.S. fisheries appear at subpart H of 50 CFR part 600.

Background

    NMFS published a proposed rule for these regulatory amendments in 
the Federal Register on April 18, 2014 (79 FR 21882). The 30-day 
comment period on the proposed rule ended on May 19, 2014. NMFS 
received one comment during the comment period on the proposed rule. 
The public comment and NMFS' response are found in the Comment and 
Response section below.
    A detailed review, including rationale, for these regulations are 
provided in the preamble to the proposed rule (79 FR 21882, April 18, 
2014) and are not repeated here (see ADDRESSES). A brief summary of the 
regulatory amendments follows.
    This final rule incorporates six actions that will: (1) Eliminate 
the requirement to submit an original permit when surrendering the 
permit to NMFS or when applying for a permit revision. This action will 
also add a proof of permit application submission standard; (2) allow 
the use of a valid legible copy in place of an original FFP or FPP; (3) 
remove redundant FFP and FPP application form requirements; (4) clarify 
the circumstances under which an FFP or FPP must be held by fishery 
participants; (5) make minor clarifications to FPP regulations; and (6) 
make other regulatory corrections and revisions to regulatory text.

Action 1: Eliminate the Requirements To Submit an Original Permit When 
Surrendering the Permit to NMFS or When Amending an FFP or FPP, and Add 
a Proof of Application Submission Standard for Surrendering or Amending 
a Permit

    Section 679.4(a)(9) governs surrender of permits issued by NMFS 
Alaska Region, and Sec.  679.4(b) and (f) govern FFPs and FPPs, 
respectively. This rule revises paragraphs (a)(9), (b), and (f) to 
describe the process to surrender or amend a permit. Paragraph (a)(9) 
is amended to eliminate the requirement that the FFP holder or FPP 
holder mail the original permit to NMFS. Instead of mailing back the 
original permit, a permit holder will notify NMFS of intent to 
surrender or amend an FFP or FPP by submitting an FFP or FPP 
application form (see http://www.alaskafisheries.noaa.gov).
    This rule adds a standard at Sec.  679.4(a)(9)(iii) and (iv) that 
requires permit applicants to have ``objective written evidence'' to 
prove that their application to surrender or amend a permit was 
received by NMFS. In some circumstances, persons have unsuccessfully 
filed applications to surrender or amend a permit because they missed a 
filing deadline. This rule establishes a ``proof of receipt'' standard, 
in a case of disputed receipt within a filing deadline, that allows an 
applicant to prove that the deadline was met when surrendering or 
amending a permit to Restricted Access Management (RAM), the NMFS 
Alaska Region permit division. Objective written evidence will include, 
for example, the applicant's use of United States Post Office Priority 
mail delivery confirmation, or the United States Post Office ``green 
card'' with its confirmed receipt.
    Regulations at Sec.  679.4(a)(9)(iii) and (iv) state that the 
sender is responsible for keeping proof that the application form to 
amend or surrender a permit was received by NMFS. This does not 
directly impose an additional recordkeeping or reporting requirement on 
a permit holder. The objective written evidence standard will be used

[[Page 62886]]

by NMFS to determine if a permit application was received.

Action 2: Allowing the Use of a Legible Copy in Place of an Original 
FFP or FPP

    This rule revises regulations at Sec. Sec.  679.4(b) and (f) and 
Sec. Sec.  679.7(a)(1), (a)(7), and (a)(15) to allow a legible copy of 
a valid FFP or FPP to take the place of the original permit. NMFS 
believes that a legible copy is sufficient evidence that a vessel holds 
an FFP, or a facility holds an FPP. Allowing legible copies of an FFP 
or FPP will simplify operations for permit holders and will allow 
operations to commence or continue without having to wait to receive an 
original FFP or FPP via mail. Removing this requirement will reduce 
potentially costly delays in operations and will not hamper 
enforcement.

Action 3: Remove Unnecessary FFP and FPP Application Requirements From 
Regulation

    Sections 679.4(b) and 679.4(f) describe the FFP or FPP application 
forms. This rule removes instructions for completion of the application 
forms and specific address and contact information. NMFS has determined 
that it is unnecessary to specify this information in regulatory text 
because each FFP or FPP application form adequately specifies that 
information. The FFP and FPP applications are available on the NMFS 
Alaska Region Web site at http://alaskafisheries.noaa.gov/ram.

Action 4: Clarify the Circumstances When an FFP Must Be Obtained and 
Held

    Section 679.4(b) provides regulations for the FFP. An FFP is issued 
by NMFS and is required for vessels that retain groundfish in the GOA 
or BSAI or engage in any fishery in the GOA or BSAI that requires 
retention of groundfish. This rule amends Sec.  679.4(b) to clarify the 
circumstances under which a vessel owner or authorized representative 
must hold an FFP. A vessel owner or authorized representative must hold 
an FFP when operating in the GOA or BSAI as a catcher vessel, catcher/
processor, mothership, tender vessel, or support vessel. These vessel 
categories are described under existing regulations at Sec.  679.2. 
This rule also amends Sec.  679.4(b) to remove the requirement that a 
vessel owner or authorized representative must hold an original FFP, 
and amends paragraph (b) to require that vessels retaining groundfish 
have a legible copy of a valid FFP on board at all times.

Action 5: Minor Clarifications to FPP Regulations

    Section 679.4(f) provides regulations for the FPP. An FPP is 
required for shoreside processors, stationary floating processors 
(SFPs) processing vessels that operate solely within Alaska State 
waters and for community quota entity (CQE) floating processors, each 
of whom receives or processes groundfish harvested in the GOA or BSAI. 
NMFS makes several changes to the FPP requirements. This rule amends 
paragraph (f) to provide that a shoreside processor, SFP, and CQE 
floating processor must have a legible copy of a valid FPP at the 
facility (or on board an SFP or CQE), instead of an original FPP. This 
rule revises the following additional portions of paragraph (f).
    Paragraph (f)(1) is revised to add particular processor activities 
that must be conducted with an FPP. The regulation now provides than an 
owner of a shoreside processor, SFP, or CQE floating processor must 
hold an FPP in order to purchase or arrange to purchase groundfish. 
This requirement is added to the requirement that a shoreside 
processor, SFP, or CQE floating processor hold an FPP when receiving or 
processing groundfish. In many cases, shoreside processors, SFPs, or 
CQE floating processors neither receive nor process groundfish, but 
they do purchase groundfish or make purchase arrangements for other 
processors.
    Paragraph 679.4(f)(1) is revised further:
    <bullet> By adding text stating that a processor may not be 
operated in a category other than as specified on the FPP. The 
processor categories are: Shoreside Processor, SFP, and CQE Floating 
Processor.
    <bullet> By replacing ``stationary floating processor'' with 
``SFP'' and by replacing an incorrect cross-reference to paragraph 
(f)(2) with ``Sec.  679.2''.
    Paragraph (f)(1) states that the FPP is issued without charge and 
paragraph (f)(2)(i) states that the FPP application is not considered 
complete until all fees are paid. For clarification, NMFS notes that 
the fees referred to in paragraph (f)(2)(i) are observer fees. If the 
required observer fees are not paid, the FPP will not be issued.
    Paragraph (f)(2) is revised:
    <bullet> By replacing ``amend or renew an FFP'' with ``amend, 
renew, or surrender an FPP.''
    <bullet> By adding a heading ``Fees'' to newly redesignated 
(f)(2)(i) and then adding language to (f)(2)(i) identifying who is 
subject to the observer fee as specified at Sec.  679.55(c).
    Paragraph (f)(3) is removed because it is unnecessary text. This 
paragraph states that a completed application will result in issuance 
of an FPP.
    Paragraph (f)(4) is redesignated as (f)(3). Newly redesignated 
paragraph (f)(3)(ii)(A) is revised by removing the third sentence, 
which is the NMFS/RAM contact information. New paragraph (f)(3)(ii)(B) 
is added to state that an owner or authorized representative must 
submit an FPP application when surrendering an FPP. Newly redesignated 
paragraph (f)(3)(iii) is redesignated as paragraph (f)(3)(iii)(A). 
Paragraph (f)(3)(iii)(B) is added to describe the requirements of an 
SFP holding a GOA inshore processing endorsement on the FPP. Paragraph 
(f)(3)(iii)(C) is added to describe the requirements of a vessel 
holding a CQE floating processor endorsement on the FPP.

Action 6: Other Corrections and Revisions

    In addition to the changes described above, this rule makes the 
following corrections and revisions to standardize, simplify, and 
clarify regulatory text in Sec.  679.4. The preamble to the proposed 
rule lists these changes and explains the need and rationale for these 
changes. This rule also includes a revision to Sec.  679.4(a)(6) that 
was not included in the proposed rule. This revision is described 
below.

Comment and Response

    NMFS received one comment letter on the proposed rule.
    Comment: The commenter supported the changes described in the 
proposed rule and suggested an additional modification. The commenter 
recommended revising Sec.  679.4(a)(6) to state that NMFS ``shall'' 
disclose a list of permitted harvesters and processors for public 
inspection, and not that NMFS ``may'' disclose a list of permitted 
harvesters and processors for public inspection.
    Response: NMFS acknowledges the support for the rule overall. 
However, NMFS disagrees with the suggested change. As proposed, Sec.  
679.4(a)(6) stated that ``NMFS will maintain a list of permitted 
harvesters and processors that may be disclosed for public 
inspection.'' The proposed change to the previous statement added 
permitted harvesters to the list that NMFS currently maintains of 
permitted processors and discloses for public inspection on the NMFS 
Alaska Region Web site at http://alaskafisheries.noaa.gov/ram/ffpfpp.htm. Modifying Sec.  679.4(a)(6) to use ``shall'' instead of 
``may'' is inconsistent with NMFS' current unilateral public disclosure 
practices. NMFS will not change this

[[Page 62887]]

rule in response to this comment because the change would unnecessarily 
impose a requirement upon NMFS.

Changes From the Proposed Rule

    No changes were made to this final rule in response to the comment 
letter received. Several minor edits were necessary, such as addition 
of a comma, deletion of a mistakenly duplicated line of text, and 
correction of a misspelled word. Other changes are made to the final 
rule due to inadvertent omission of text in the instructions within the 
proposed rule. These changes are: Paragraph (f)(2)(i) is added to the 
regulatory text; paragraph (b)(1)(ii) is added to the regulatory text; 
and paragraph (a)(10)(ii) is added to the regulatory text.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Fishery Management Plan for Groundfish of the Gulf 
of Alaska, the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area, other provisions of the Magnuson-
Stevens Act, and other applicable laws.

Small Entity Compliance Guide

    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 (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.'' 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 and this final rule serve as the small entity 
compliance guide.
    This action does not require any additional compliance from small 
entities that is not described in the preamble. Copies of this final 
rule are available from NMFS at the following Web site: http://alaskafisheries.noaa.gov. This rule has been determined to be not 
significant for purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis (FRFA)

    Section 604 of the Regulatory Flexibility Act requires that, when 
an agency promulgates a final rule under section 553 of Title 5 of the 
United States Code, after being required by that section, or any other 
law, to publish a general notice of proposed rulemaking, the agency 
shall prepare a final regulatory flexibility analysis.
    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 that will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record; and (6) a description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each of the other 
significant alternatives to the rule considered by the agency that 
affect the impact on small entities was rejected.

Need for and Objectives of the Rule

    A statement of the need for, and objectives of, the rule is 
contained in the preamble to this final rule and is not repeated here.

Public and Chief Counsel for Advocacy Comments on the Proposed Rule

    NMFS published the proposed rule on April 18, 2014 (79 FR 21882). 
An initial regulatory flexibility analysis (IRFA) was prepared and 
summarized in the ``Classification'' section of the preamble to the 
proposed rule. The comment period closed on May 19, 2014. NMFS received 
one letter of public comment on the proposed rule. This comment did not 
address the IRFA or the economic impacts of the rule generally. The 
Chief Counsel for Advocacy of the Small Business Administration did not 
file any comments on the proposed rule.

Number and Description of Small Entities Regulated by the Actions

    These actions directly regulate entities acquiring FFPs or FPPs. 
Estimates of the number of small entities holding FFPs and FPPs 
includes 821 catcher vessels, 10 catcher/processors, 154 fishing 
vessels without groundfish revenues, 24 support and tender vessels 
without fishing revenues, no motherships, 4 shoreside floating 
processors, and 60 groundfish shoreside processors. Small entity 
estimates reported in this FRFA have been updated from those in the 
IRFA to reflect recent revisions to Small Business Administration 
thresholds for identifying small entities (79 FR 33647, June 12, 2014). 
These changes increased the number of small catcher vessels by 7, and 
the number of fishing vessels without groundfish revenues by 3.

Recordkeeping and Reporting Requirements

    These actions modify existing regulations for amending, applying 
for, revising, and surrendering an FFP and FPP with the intention of 
reducing the time, expense, and administrative effort associated with 
submitting permit requests to NMFS. These actions relax some compliance 
requirements for vessels required to carry FFPs and for processors 
required to carry FPPs. No new recordkeeping and reporting requirements 
are required. Instead of an original FFP or FPP, a current, legible 
copy of an FFP or FPP will be acceptable on board a vessel or on site a 
facility when fishing, purchasing, or processing groundfish. Instead of 
returning an original FFP or FPP to NMFS to revise or to surrender a 
permit, the Application for a Federal Fisheries Permit or Application 
for a Federal Processor Permit provides the respondent with a check box 
to indicate he or she wishes to surrender the permit.
    The professional skills necessary to prepare the existing reporting 
and recordkeeping requirements under these actions include the ability 
to read, write, and understand English; the ability to use a computer 
and the Internet; and the authority to take actions on behalf of an 
entity.

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 statutes, including a statement of the 
factual,

[[Page 62888]]

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.
    The combined effect of these changes will reduce the industry costs 
of complying with existing permit regulations.
    The preferred alternative for these actions accomplishes the 
objectives of these actions, relieves a restriction on small entities, 
and has no adverse impacts on any directly regulated small entities. We 
were unable to identify any alternatives that accomplish all of the 
desired objectives while placing a smaller burden on directly regulated 
small entities.

Collection-of-Information Requirements

    This rulemaking contains collection of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under OMB control 
number 0648-0206.
    Public reporting burden is estimated to average per response: 21 
minutes for Application for Federal fisheries permit (FFP) and 21 
minutes for Application for Federal processor permit (FPP). These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by email to <a href="/cdn-cgi/l/email-protection#622d2b30233d3117000f0b11110b0d0c220d0f004c070d124c050d14"><span class="__cf_email__" data-cfemail="f0bfb9a2b1afa385929d998383999f9eb09f9d92de959f80de979f86">[email protected]</span></a>, 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 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. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: October 14, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS amends 50 CFR part 
679 as follows:

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

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.


0
2. In Sec.  679.4:
0
a. Add paragraph headings for paragraphs (a)(3)(i) and (ii);
0
b. Revise paragraphs (a)(3)(iii); (a)(5); and (a)(9);
0
c. Revise paragraph (b)(1);
0
d. Remove paragraphs (b)(2), (b)(5), and (b)(7);
0
e. Redesignate paragraphs (b)(3) and (b)(4) as (b)(2) and (b)(3), 
respectively; (b)(6) as (b)(5); (b)(8) and (b)(9) as (b)(6) and (b)(7), 
respectively;
0
f. Revise newly redesignated paragraphs (b)(2); (b)(3)(i); 
(b)(3)(ii)(A), (B), and (C);
0
g. Add paragraph (b)(3)(ii)(D);
0
h. Revise newly redesignated paragraph (b)(3)(iii)(A);
0
i. Add paragraphs (b)(3)(iii)(D) and (E); and (b)(4);
0
j. Revise newly redesignated paragraphs (b)(5), (6), and (7);
0
k. Revise paragraphs (d)(1)(iii); (d)(2)(iv); (d)(3)(vi); (e)(2); 
(e)(3); (f)(1); and (f)(2);
0
l. Remove paragraph (f)(3);
0
m. Redesignate paragraphs (f)(4) through (f)(6) as (f)(3) through 
(f)(5), respectively;
0
n. Revise newly redesignated paragraphs (f)(3)(ii) and (iii); and 
(f)(4) and (5); and
0
o. Revise paragraphs (g)(1)(ii); (k)(6)(x); and (l)(5)(ii).
    The revisions and additions read as follows:


Sec.  679.4  Permits.

    (a) * * *
    (3) * * *
    (i) Obtain and submit an application. * * *
    (ii) Deficient application. * * *
    (iii) Separate permit. The operator, manager, Registered Buyer, or 
Registered Crab Receiver must obtain a separate permit for each 
applicant, facility, or vessel, as appropriate to each Federal permit 
in this section.
* * * * *
    (5) Alteration. No person may alter, erase, mutilate, or forge any 
permit or document issued under this section. Any such permit or 
document that is intentionally altered, erased, mutilated, or forged is 
invalid.
* * * * *
    (9) Permit surrender. (i) The Regional Administrator will recognize 
the voluntary surrender of a permit issued in this section, if a permit 
may be surrendered and if it is submitted by the person named on the 
permit, owner of record, or authorized representative.
    (ii) Submit the original permit, except for an FFP or an FPP, to 
NMFS, P.O. Box 21668, Juneau, AK 99802. For surrender of an FFP and 
FPP, respectively, refer to paragraphs (b)(3)(ii) and (f)(3)(ii) of 
this section.
    (iii) Objective written evidence is considered proof of a timely 
application. The responsibility remains with the sender to prove when 
the application to amend or to surrender a permit was received by NMFS 
(i.e., by certified mail or other method that provides written evidence 
that NMFS Alaska Region received it).
    (iv) For applications delivered by hand delivery or carrier only, 
the receiving date of signature by NMFS staff is the date the 
application was received. If the application is submitted by fax or 
mail, the receiving date of the application is the date stamped 
received by NMFS.
    (b) * * *
    (1) Requirements. (i) No vessel of the United States may be used to 
retain groundfish in the GOA or BSAI or engage in any fishery in the 
GOA or BSAI that requires retention of groundfish, unless the owner or 
authorized representative first obtains an FFP for the vessel, issued 
under this part. An FFP is issued without charge. Only persons who are 
U.S. citizens are authorized to receive or hold an FFP.
    (ii) Each vessel within the GOA or BSAI that retains groundfish 
must have a legible copy of a valid FFP on board at all times.
    (2) Vessel operations categories. An FFP authorizes a vessel owner 
or authorized representative to deploy a vessel to conduct operations 
in the GOA or BSAI under the following categories: Catcher vessel, 
catcher/processor, mothership, tender vessel, or support vessel. A 
vessel may not be operated in a category other than as specified on the 
FFP, except that a catcher vessel, catcher/processor, mothership, or 
tender vessel may be operated as a support vessel.
    (3) * * *
    (i) Length of permit effectiveness. An FFP is in effect from the 
effective date through the expiration date, unless it is

[[Page 62889]]

revoked, suspended, surrendered in accordance with paragraph (a)(9) of 
this section, or modified under Sec.  600.735 or Sec.  600.740 of this 
chapter.
    (ii) * * *
    (A) An FFP may be voluntarily surrendered in accordance with 
paragraph (a)(9) of this section. Except as provided under paragraphs 
(b)(3)(ii)(B) and (C) of this section, if surrendered, an FFP may be 
reissued in the same fishing year in which it was surrendered.
    (B) For the BSAI, NMFS will not reissue a surrendered FFP to the 
owner or authorized representative of a vessel named on an FFP that has 
been issued with the following combination of endorsements: Catcher/
processor vessel operation type, pot and/or hook-and-line gear type, 
and the BSAI area, until after the expiration date of the surrendered 
FFP.
    (C) For the GOA, NMFS will not reissue a surrendered FFP to the 
owner or authorized representative of a vessel named on an FFP that has 
been issued a GOA area endorsement and any combination of endorsements 
for catcher/processor operation type, catcher vessel operation type, 
trawl gear type, hook-and-line gear type, pot gear type, and/or jig 
gear type, until after the expiration date of the surrendered FFP.
    (D) An owner or authorized representative, who applied for and 
received an FFP, must notify NMFS of the intention to surrender the FFP 
by submitting an FFP application found at the NMFS Web site at http://www.alaskafisheries.noaa.gov and indicating on the application that 
surrender of the permit is requested. Upon receipt and processing of an 
FFP surrender application, NMFS will withdraw the FFP from active 
status in the FFP data bases.
    (iii) * * *
    (A) An owner or authorized representative who applied for and 
received an FFP, must notify NMFS of any change in the permit 
information by submitting an FFP application found at the NMFS Web site 
at http://alaskafisheries.noaa.gov. The owner or authorized 
representative must submit the application form as instructed on the 
form. Except as provided under paragraphs (b)(3)(iii)(B) and (C) of 
this section, upon receipt and approval of an application form for 
permit amendment, NMFS will issue an amended FFP.
* * * * *
    (D) If the application for an amended FFP required under this 
section designates a change or addition of a vessel operations category 
or any other endorsement, a legible copy of the valid, amended FFP must 
be on board the vessel before the new or modified type of operation 
begins.
    (E) Selections for species endorsements will remain valid until an 
FFP is amended to remove those endorsements or the FFP with these 
endorsements is surrendered or revoked.
    (4) Submittal of application. NMFS will process a request for an 
FFP provided that the application form contains the information 
specified on the form, with all required fields accurately completed 
and all required documentation attached. This application form must be 
submitted to NMFS using the methods described on the form. The vessel 
owner must sign and date the application form certifying that all 
information is true, correct, and complete. If the owner is not an 
individual, the authorized representative must sign and date the 
application form. An application form for an FFP will be provided by 
NMFS or is available from NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. The acceptable submittal methods will be 
described on the application form.
    (5) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon receipt of a properly completed permit application, the 
Regional Administrator will issue an FFP required by this paragraph 
(b).
    (ii) The Regional Administrator will send an FFP with the 
appropriate logbooks to the owner or authorized representative, as 
provided under Sec.  679.5.
    (iii) NMFS will reissue an FFP to the owner or authorized 
representative who holds an FFP issued for a vessel if that vessel is 
subject to sideboard provisions as described under Sec.  679.82(d) 
through (f).
    (iv) NMFS will reissue an FFP to the owner or authorized 
representative who holds an FFP issued to an Amendment 80 vessel.
    (6) Transfer. An FFP issued under this paragraph (b) is not 
transferable or assignable and is valid only for the vessel for which 
it is issued.
    (7) Inspection. A legible copy of a valid FFP issued under this 
paragraph (b) must be carried on board the vessel at all times 
operations are conducted under this type of permit and must be 
presented for inspection upon the request of any authorized officer.
* * * * *
    (d) * * *
    (1) * * *
    (iii) An IFQ permit may be voluntarily surrendered in accordance 
with paragraph (a)(9) of this section. An annual IFQ permit will not be 
reissued in the same fishing year in which it was surrendered, but a 
new annual IFQ permit may be issued to the quota share holder of record 
in a subsequent fishing year.
    (2) * * *
    (iv) An IFQ hired master permit may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. An IFQ hired master 
permit may be reissued to the permit holder of record in the same 
fishing year in which it was surrendered.
    (3) * * *
    (vi) A Registered Buyer permit may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. A Registered Buyer 
permit may be reissued to the permit holder of record in the same 
fishing year in which it was surrendered.
* * * * *
    (e) * * *
    (2) Halibut CDQ permit. The CDQ group must obtain a halibut CDQ 
permit issued by the Regional Administrator. The vessel operator must 
have a legible copy of a halibut CDQ permit on any fishing vessel 
operated by, or for, a CDQ group that will have halibut CDQ on board 
and must make the permit available for inspection by an authorized 
officer. A halibut CDQ permit is non-transferable and is issued 
annually until revoked, suspended, surrendered, or modified. A halibut 
CDQ permit may be voluntarily surrendered in accordance with paragraph 
(a)(9) of this section. A halibut CDQ permit will not be reissued in 
the same fishing year in which it was surrendered, but a new annual 
halibut CDQ permit may be issued in a subsequent fishing year to the 
CDQ group entitled to a CDQ halibut allocation.
    (3) An individual must have on board the vessel a legible copy of 
his or her halibut CDQ hired master permit issued by the Regional 
Administrator while harvesting and landing any CDQ halibut. Each 
halibut CDQ hired master permit will identify a CDQ permit number and 
the individual authorized by the CDQ group to land halibut for debit 
against the CDQ group's halibut CDQ. A halibut CDQ hired master permit 
may be voluntarily surrendered in accordance with paragraph (a)(9) of 
this section. A halibut CDQ hired master permit may be reissued to the 
permit holder of record in the same fishing year in which it was 
surrendered.
* * * * *
    (f) * * *
    (1) Requirement. No shoreside processor of the United States, SFP, 
or

[[Page 62890]]

CQE floating processor defined at Sec.  679.2 may receive, process, 
purchase, or arrange to purchase unprocessed groundfish harvested in 
the GOA or BSAI, unless the owner or authorized representative first 
obtains an FPP issued under this part. A processor may not be operated 
in a category other than as specified on the FPP. An FPP is issued 
without charge.
    (2) FPP application. To obtain, amend, renew, or surrender an FPP, 
the owner or authorized representative must complete an FPP application 
form per the instructions at http://alaskafisheries.noaa.gov.
    (i) Fees. For the FPP application to be considered complete, all 
fees due to NMFS from the owner or authorized representative of a 
shoreside processor or SFP or person named on a Registered Buyer permit 
subject to the observer fee as specified at Sec.  679.55(c) at the time 
of application must be paid.
    (ii) Signature. The owner or authorized representative of the 
shoreside processor, SFP, or CQE floating processor must sign and date 
the application form, certifying that all information is true, correct, 
and complete to the best of his/her knowledge and belief. If the 
application form is completed by an authorized representative, proof of 
authorization must accompany the application form.
    (3) * * *
    (ii) Surrendered permit. (A) An FPP may be voluntarily surrendered 
in accordance with paragraph (a)(9) of this section. An FPP may be 
reissued to the permit holder of record in the same fishing year in 
which it was surrendered.
    (B) An owner or authorized representative, who applied for and 
received an FPP, must notify NMFS of the intention to surrender the FPP 
by submitting an FPP application form found at the NMFS Web site at 
http://alaskafisheries.noaa.gov and indicating on the application form 
that surrender of the FPP is requested. Upon receipt and processing of 
an FPP surrender application form, NMFS will withdraw the FPP from 
active status in permit data bases.
    (iii) Amended permit--(A) Requirement. An owner or authorized 
representative, who applied for and received an FPP, must notify NMFS 
of any change in the permit information by submitting an FPP 
application form found at the NMFS Web site at http://alaskafisheries.noaa.gov. The owner or authorized representative must 
submit the application form as instructed on the form. Upon receipt and 
approval of an FPP amendment application form, NMFS will issue an 
amended FPP.
    (B) GOA Inshore Processing endorsement. A GOA inshore processing 
endorsement is required in order to process GOA inshore pollock and 
Eastern GOA inshore Pacific cod. If an SFP owner or authorized 
representative holds an FPP with a GOA Inshore Processing endorsement, 
the SFP is prohibited from processing GOA pollock and GOA Pacific cod 
in more than one single geographic location during a fishing year and 
is also prohibited from operating as a catcher/processor in the BSAI. 
Once issued, a GOA Inshore Processing endorsement cannot be surrendered 
for the duration of a fishing year.
    (C) CQE Floating Processor endorsement. If a vessel owner or 
authorized representative holds an FPP with a GOA Inshore Processing 
endorsement in order to process Pacific cod within the marine municipal 
boundaries of CQE communities in the Western or Central GOA, the vessel 
must not meet the definition of an SFP and must not have harvested 
groundfish off Alaska in the same calendar year.
    (D) Vessels are prohibited from holding both a GOA CQE Floating 
Processor endorsement and a GOA SFP endorsement during the same 
calendar year.
    (4) Transfer. An FPP issued under this paragraph (f) is not 
transferable or assignable and is valid only for the processor for 
which it is issued.
    (5) Inspection. A legible copy of a valid FPP issued under this 
paragraph (f) must be on site at the shoreside processor, SFP, or CQE 
floating processor at all times and must be presented for inspection 
upon the request of any authorized officer.
* * * * *
    (g) * * *
    (1) * * *
    (ii) A scallop LLP license may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. A surrendered scallop 
LLP license will cease to exist and will not be subsequently reissued.
* * * * *
    (k) * * *
    (6) * * *
    (x) Surrender of groundfish or crab LLP. A groundfish or crab LLP 
license may be voluntarily surrendered in accordance with paragraph 
(a)(9) of this section. A surrendered groundfish or crab LLP license 
will cease to exist and will not be subsequently reissued.
* * * * *
    (l) * * *
    (5) * * *
    (ii) Surrender of permit. An AFA inshore processor permit may be 
voluntarily surrendered in accordance with paragraph (a)(9) of this 
section. An AFA inshore processor permit will not be reissued in the 
same fishing year in which it was surrendered, but may be reapplied for 
and if approved, reissued to the permit holder of record in a 
subsequent fishing year.
* * * * *

0
3. In Sec.  679.7, revise paragraphs (a)(1), (a)(7)(i), (a)(10)(ii), 
and (a)(15) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (1) Federal Fisheries Permit (FFP). (i) Fish for groundfish in the 
BSAI or GOA with a vessel of the United States that does not have on 
board a legible copy of a valid FFP issued under Sec.  679.4.
    (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or 
pollock with pot, hook-and-line, or trawl gear from a vessel of the 
United States that does not have on board a legible copy of a valid FFP 
issued under Sec.  679.4 and endorsed for Atka mackerel, Pacific cod, 
or pollock under Sec.  679.4(b).
* * * * *
    (7) Inshore/offshore. (i) Operate a vessel in the ``inshore 
component in the GOA'' as defined in Sec.  679.2 without a valid 
Inshore Processing endorsement on the vessel's FFP or FPP.
* * * * *
    (10) * * *
    (ii) Alter, erase, mutilate, or forge any permit or document issued 
under Sec. Sec.  679.4 or 679.5.
* * * * *
    (15) Federal processor permit (FPP). (i) Receive, purchase or 
arrange for purchase, discard, or process groundfish harvested in the 
GOA or BSAI by a shoreside processor or SFP and in the Western and 
Central GOA regulatory areas, including Federal reporting areas 610, 
620, and 630, that does not have on site a legible copy of a valid FPP 
issued pursuant to Sec.  679.4(f).
    (ii) Receive, purchase or arrange for purchase, discard, or process 
groundfish harvested in the GOA by a CQE floating processor that does 
not have on site a legible copy of a valid FPP issued pursuant to Sec.  
679.4(f).
* * * * *
[FR Doc. 2014-24758 Filed 10-20-14; 8:45 am]
BILLING CODE 3510-22-P


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