Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62885 

Contract Terms and Conditions Applicable 

to GSA Acquisition of Commercial Items 

(OCT 2014) 

(a) The Contractor agrees to comply with 

any clause that is incorporated herein by 

reference to implement agency policy 

applicable to acquisition of commercial items 

or components. The clause in effect based on 

the applicable regulation cited on the date 

the solicitation is issued applies unless 

otherwise stated herein. The clauses in 

paragraph (b) of this section are incorporated 

by reference: 

[The Contracting Officer should check the 

clauses that apply or delete the clauses that 

do not apply from the list. The Contracting 

Officer may add the date of the clause if 

desired for clarity.] 

* * * * * 

552.237–70 [Removed and Reserved] 

■ 5. Remove and reserve section 

552.237–70. 

[FR Doc. 2014–24992 Filed 10–20–14; 8:45 am] 

BILLING CODE 6820–61–P 

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. 

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 MagnusonStevens 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 OIRA_

Submission@omb.eop.gov 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 § 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.alaska

fisheries.noaa.gov). 

This rule adds a standard at 

§ 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 § 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 


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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 

§§ 679.4(b) and (f) and §§ 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 § 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 

§ 679.2. This rule also amends § 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: 

• 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. 

• By replacing ‘‘stationary floating 

processor’’ with ‘‘SFP’’ and by replacing 

an incorrect cross-reference to 

paragraph (f)(2) with ‘‘§ 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: 

• By replacing ‘‘amend or renew an 

FFP’’ with ‘‘amend, renew, or surrender 

an FPP.’’ 

• 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 § 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 

§ 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 

§ 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 § 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, § 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 

§ 679.4(a)(6) to use ‘‘shall’’ instead of 

‘‘may’’ is inconsistent with NMFS’ 

current unilateral public disclosure 

practices. NMFS will not change this 


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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 MagnusonStevens 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, 


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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 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 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 

■ 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. 

■ 2. In § 679.4: 

■ a. Add paragraph headings for 

paragraphs (a)(3)(i) and (ii); 

■ b. Revise paragraphs (a)(3)(iii); (a)(5); 

and (a)(9); 

■ c. Revise paragraph (b)(1); 

■ d. Remove paragraphs (b)(2), (b)(5), 

and (b)(7); 

■ 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; 

■ f. Revise newly redesignated 

paragraphs (b)(2); (b)(3)(i); (b)(3)(ii)(A), 

(B), and (C); 

■ g. Add paragraph (b)(3)(ii)(D); 

■ h. Revise newly redesignated 

paragraph (b)(3)(iii)(A); 

■ i. Add paragraphs (b)(3)(iii)(D) and 

(E); and (b)(4); 

■ j. Revise newly redesignated 

paragraphs (b)(5), (6), and (7); 

■ k. Revise paragraphs (d)(1)(iii); 

(d)(2)(iv); (d)(3)(vi); (e)(2); (e)(3); (f)(1); 

and (f)(2); 

■ l. Remove paragraph (f)(3); 

■ m. Redesignate paragraphs (f)(4) 

through (f)(6) as (f)(3) through (f)(5), 

respectively; 

■ n. Revise newly redesignated 

paragraphs (f)(3)(ii) and (iii); and (f)(4) 

and (5); and 

■ o. Revise paragraphs (g)(1)(ii); 

(k)(6)(x); and (l)(5)(ii). 

The revisions and additions read as 

follows: 

§ 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 


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revoked, suspended, surrendered in 

accordance with paragraph (a)(9) of this 

section, or modified under § 600.735 or 

§ 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-andline 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 

§ 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 § 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
62890 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

CQE floating processor defined at 

§ 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 § 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. 

* * * * * 

■ 3. In § 679.7, revise paragraphs (a)(1), 

(a)(7)(i), (a)(10)(ii), and (a)(15) to read as 

follows: 

§ 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 § 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 § 679.4 and endorsed 

for Atka mackerel, Pacific cod, or 

pollock under § 679.4(b). 

* * * * * 

(7) Inshore/offshore. (i) Operate a 

vessel in the ‘‘inshore component in the 

GOA’’ as defined in § 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 

§§ 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 § 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 § 679.4(f). 

* * * * * 

[FR Doc. 2014–24758 Filed 10–20–14; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with RULES