Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51515 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 1, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24170 Filed 10–7–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XS06 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2009 total allowable catch (TAC) of 

pollock for Statistical Area 620 in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 4, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2009 TAC of pollock in Statistical 

Area 620 of the GOA is 14,098 metric 

tons (mt) as established by the final 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2009 TAC of 

pollock in Statistical Area 620 of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 13,900 mt, and is setting 

aside the remaining 198 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 620 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 620 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of October 1, 

2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 2, 2009 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24173 Filed 10–2–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 679 and 680 

[Docket No. 080312430–91317–02] 

RIN 0648–AW56 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Western Alaska 

Community Development Quota 

Program, Rockfish Program, 

Amendment 80 Program; Bering Sea 

and Aleutian Islands Area Crab 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

provide harvesting cooperatives, crab 

processing quota share holders, and 

Western Alaska Community 

Development Quota (CDQ) groups with 

the option to make intercooperative 

transfers, crab individual processing 

quota transfers, and inter-group 

transfers through an automated, webbased process. To facilitate web-based 

transfers, NMFS removes the 

requirement for notarized signatures for 

all crab non-permanent leases of 

individual fishing quota and individual 

processor quota and removes 

unnecessary quota share price-related 

questions. The purpose of this action is 

to reduce paperwork burdens on the 

fishing industry by providing the option 

of electronic transfer through the 

Internet. This action allows 

cooperatives, processors, and CDQ 

groups to shorten response time to 

management, market, weather, and 

other fishery and operational conditions 

and to increase harvesting and 

processing efficiency. This action also 

removes detailed description of 

information required on application 

forms from regulatory text; removes 

detailed NMFS mail, fax, and delivery 

addresses and replaces them with one 

paragraph stating that the form may be 

submitted in accordance with 

instructions on the form; removes 

outdated survey-type questions from 

two applications; divides one 

application into three separate 

applications; revises the NMFS Alaska 

Region web address; and corrects crossreferences. 

DATES: Effective November 6, 2009. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review (RIR), the 

Final Regulatory Flexibility Analysis 


erowe on DSK5CLS3C1PROD with RULES
51516 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

(FRFA), and the Categorical Exclusion 

prepared for this action may be obtained 

from the Alaska Region website at 

http://www.alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

Alaska Region, P. O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska to NMFS, 

Alaska Region; and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7008. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the U.S. groundfish fisheries in 

the Exclusive Economic Zone off Alaska 

under the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI FMP) and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (GOA FMP). The crab 

fisheries are managed under the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 

(Crab FMP). The BSAI FMP, GOA FMP, 

and Crab FMP were prepared by the 

North Pacific Fishery Management 

Council (Council) under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Regulations implementing the 

FMPs appear at 50 CFR part 679 and 

part 680. General regulations that 

pertain to U.S. fisheries appear at 

subpart H of 50 CFR part 600. 

Background 

The Council has adopted and NMFS 

has implemented numerous 

management programs that allocate 

quota share and associated harvesting or 

processing privileges to qualified 

entities and authorize transfer of these 

privileges among qualified entities upon 

approval by NMFS. The following four 

programs authorize transfers of quota 

shares under particular circumstances -- 

the Western Alaska Community 

Development Quota (CDQ) Program, the 

Central GOA Rockfish Pilot Program 

(Rockfish Program), Amendment 80 to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(Amendment 80 Program), and the 

Bering Sea and Aleutian Islands Area 

Crab Rationalization (CR) Program. 

Currently, applications for transfers 

must be submitted to NMFS by mail, 

courier, or fax. The current hard-copy 

application transfer process is too slow 

to meet operational and market 

demands of fishery participants. The 

efficacy of the current system of 

transfers is limited by NMFS business 

hours; requirements for original 

application documents and notarized 

signatures; and the lengths of time 

needed for application submission, 

approval, and receipt of permits. 

To address these limitations, NMFS 

published a proposed rule on May 26, 

2009 (74 FR 24762) that would provide 

harvesting cooperatives, crab processing 

quota share holders, and CDQ groups 

the option to make intercooperative 

transfers, crab individual processing 

quota transfers, and inter-group 

transfers through an automated, webbased process. To facilitate web-based 

transfers, NMFS proposed to remove the 

requirement for notarized signatures for 

all crab non-permanent leases of 

individual fishing quota and individual 

processor quota and removed 

unnecessary quota share price-related 

questions. 

Electronic transfer service also 

benefits NMFS because this procedure 

reduces existing transfer processing 

labor needs, improves data quality, and 

promotes the objectives of the 

Government Paperwork Elimination 

Act. A full description of the need for 

this action and proposed regulatory 

changes is provided in the preamble to 

the proposed rule. 

Summary of Final Rule 

This rule accomplishes three broad 

goals. First, it reduces paperwork 

burdens placed on the fishing industry 

by providing the option for electronic 

transfer through the Internet. Second, it 

modifies the methods used to conduct 

transfers which allow cooperatives, 

processors, and CDQ groups to shorten 

response time to management, market, 

weather, and other fishery and 

operational conditions and increases 

harvesting and processing efficiency. 

Third, it accomplishes a variety of 

’’housekeeping’’ revisions to the 

regulations which: 

• Remove detailed descriptions of 

applications from regulatory text; 

• Remove detailed NMFS mail, fax, 

and delivery addresses and replace 

them with a general, instructional 

paragraph pointing the participant to 

the form; 

• Remove outdated survey-type 

questions from two applications; 

• Divide one application into three 

separate applications; 

• Revise the NMFS Alaska Region 

web address as it appears in the 

regulations to http:// 

alaskafisheries.noaa.gov; and 

• Correct cross-references. 

NMFS published the proposed rule 

for this action in the Federal Register on 

May 26, 2009 (74 FR 24762), with a 

public comment period that closed June 

10, 2009. NMFS received no comments. 

Additional information about this action 

can be found in the proposed rule. 

Changes From the Proposed Rule 

50 CFR 679.81(f) describes the 

application for inter-cooperative transfer 

of rockfish cooperative quota. Section 

679.81(f)(1) describes the requirements 

to submit a completed application, 

whether non-electronic or electronic. 

The proposed rule did not include a 

current transfer requirement. The 

regulations at § 679.81(f)(1)(v) and (vi) 

currently set forth the requirement for 

signature of the associated rockfish 

processor. This requirement was 

overlooked and not included in the 

proposed rule. The final rule corrects 

this omission and the associated 

processor will continue to be included 

as a party to a catcher vessel sector 

transfer of cooperative quota. 

Classification 

Pursuant to Section 305(d) of the 

Magnuson-Stevens Act, the NMFS 

Acting Assistant Administrator has 

determined that this rule is necessary 

for the conservation and management of 

the Alaska groundfish and crab fisheries 

managed under the FMPs and that it is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Final Regulatory Flexibility Analysis 

(FRFA) 

An FRFA was prepared for this rule, 

as required by section 604 of the 

Regulatory Flexibility Act (RFA). Copies 

of the FRFA prepared for this final rule 

are available from the Alaska Region 

website at http:// 

alaskafisheries.noaa.gov. The FRFA 

incorporates the IRFA and a summary of 

the analysis completed to support the 

action. A summary of the FRFA follows. 

Why Action by the Agency is Being 

Considered and Objectives of, and Legal 

Basis for, the Rule 

The FRFA describes in detail the 

reasons why this action is necessary, 

describes the objectives and legal basis 

for the rule, and discusses both small 

and non-small regulated entities to 

adequately characterize the fishery 

participants. The Magnuson-Stevens Act 

provides the legal basis for the rule, as 

discussed in this preamble. The 

objectives of the rule are to: (1) maintain 

recordkeeping and reporting 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51517 

requirements for the impacted programs 

that provide the information necessary 

to manage the fisheries and to enforce 

Federal regulations applicable to the 

programs, (2) reduce the time, effort, 

and documentation involved in the 

process of making quota transfers, and 

(3) maintain the overall economic and 

social goals and purpose of the 

programs. 

Number of Small Entities to Which the 

Final Rule Would Apply 

For purposes of an FRFA, the Small 

Business Administration (SBA) has 

established that a business involved in 

fish harvesting is a small business if it 

is independently owned and operated, 

not dominant in its field of operation 

(including its affiliates), and if it has 

combined annual gross receipts not in 

excess of $4.0 million for all its 

affiliated operations worldwide. A 

seafood processor is a small business if 

it is independently owned and operated, 

not dominant in its field of operation, 

and employs 500 or fewer persons on a 

full-time, part-time, temporary, or other 

basis, at all its affiliated operations 

worldwide. 

Because the SBA does not have a size 

criterion for businesses that are 

involved in both the harvesting and 

processing of seafood products, NMFS 

has in the past applied and continues to 

apply SBA’s fish harvesting criterion for 

these businesses because catcher/ 

processors are first and foremost fish 

harvesting businesses. Therefore, a 

business involved in both the harvesting 

and processing of seafood products is a 

small business if it meets the $4.0 

million criterion for fish harvesting 

operations. NMFS currently is 

reviewing its small entity size 

classification for all catcher/processors 

in the United States. However, until 

new guidance is adopted, NMFS will 

continue to use the annual receipts 

standard for catcher/processors. NMFS 

plans to issue new guidance in the near 

future. 

The FRFA contains a more detailed 

description and estimate of the number 

of small entities to which the rule 

would apply. 

Currently, 642 entities hold quota 

shares and would now be authorized to 

conduct transfers online. Estimates of 

large entities were made, based on 

available records of employment 

information on participation in 

processing activities in other fisheries, 

and analysts’ knowledge of foreign 

ownership of vertically integrated 

processing companies. Of the 642 

recipients of quota, 294 are estimated to 

be large entities, leaving 348 small 

entities among the directly regulated 

universe affected by this final rule. 

Public Comments Received on the IRFA 

NMFS did not receive any public 

comments on the IRFA or on the 

economic impacts of the rule. 

Projected Reporting, Recordkeeping, 

and Other Compliance Requirements 

This rule changes existing reporting, 

recordkeeping, or other compliance 

requirements by providing the 

convenience and flexibility offered by 

electronic communication technology to 

conduct logistically and economically 

efficient transfers of fishing ‘‘quota’’ 

among program operations, subject to 

NMFS’ approval. 

Comparison of Alternatives 

All the directly regulated individuals 

would be expected to benefit from the 

preferred alternative, Alternative 2 

(described in this rule), relative to the 

status quo alternative because it creates 

a new option to transfer quota ‘‘online’’ 

among participants within each 

respective management program. It is 

expected to reduce their reporting 

requirements, increase operational 

flexibility, enhance potential for 

collaboration and coordination among 

transferors and transferees, and provide 

an augmented ability to respond in a 

timely way to market changes. Of the 

two alternatives considered, status quo 

and this action, this action minimizes 

adverse economic impacts on the 

individuals that are directly regulated 

and reflects the least burdensome of 

management structures available, in 

terms of directly regulated small 

entities, while fully achieving the 

conservation and management purposes 

consistent with applicable statutes. 

NMFS initially considered an 

alternative that would have required use 

of the online systems, rather than 

making them optional. NMFS rejected 

this alternative, because NMFS could 

not be certain that all entities in all 

impacted industry sectors are capable of 

submitting forms electronically. For any 

that are not, such a mandate would have 

imposed an unnecessary and 

disproportionate economic burden. 

Small Entity Compliance Guide 

The preamble to the proposed rule 

and this final rule serve as the small 

entity compliance guide required by 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 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 

website: http://alaskafisheries.noaa.gov. 

Collection-of-Information Requirements 

This rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by the Office 

of Management and Budget (OMB). 

Public reporting burden estimates per 

response for these requirements are 

listed by OMB control number. 

OMB Control No. 0648–0269: 30 

minutes for CDQ or PSQ Transfer 

Request. 

OMB Control No. 0648–0514: Two 

hours for Application for Transfer of 

Crab QS, IFQ, and IPQ; this form will 

be removed from this collection, and the 

following three new forms will be added 

in its place. Two hours each for: 

Application for Transfer of Crab 

Individual Fishing Quota, Application 

for Transfer of Individual Processor 

Quota, Application for Transfer of Crab 

Quota Share and Crab Processor Quota 

Share; Application for Transfer of 

Individual Fishing Quota Between Crab 

Harvesting Cooperatives; and two and 

one half hours for Application for 

Annual Crab Harvester Cooperative IFQ 

Permit. 

OMB Control No. 0648–0565: Two 

hours for Application to Transfer 

Amendment 80 Cooperative Quota. 

OMB Control No. 0648–0545: Two 

hours for Application for Intercooperative Transfer of Rockfish Quota 

Share. 

Public reporting 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 on these or any other 

aspects of the collection-of-information 

to NMFS Alaska Region (see ADDRESSES) 

and e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

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. 

List of Subjects in 50 CFR Parts 679 and 

680 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 


erowe on DSK5CLS3C1PROD with RULES
51518 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

Dated: October 1, 2009 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 50 CFR parts 679 and 680 are 

amended 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 § 679.5, revise paragraph (n)(1) to 

read as follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(n) * * * 

(1) CDQ or PSQ transfer. NMFS will 

process a request for CDQ or PSQ 

transfer between CDQ groups provided 

that the requirements of this paragraph 

are met. 

(i) Completed application. A paper or 

electronic request form must be 

completed with all information fields 

accurately filled in by transferors and 

transferees, and all required additional 

documentation must be attached. 

(ii) Certification of transferor—(A) 

Non-electronic submittal. The 

transferor’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. The transferor’s 

designated representative must submit 

the paper application as indicated on 

the application. 

(B) Electronic submittal. The 

transferor’s designated representative 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferor’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(iii) Certification of transferee—(A) 

Non-electronic submittal. The 

transferee’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. 

(B) Electronic submittal. The 

transferee’s designated representative 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferee’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

* * * * * 

■ 3. In § 679.81, add paragraph 

(e)(1)(iv); and revise paragraphs (e)(2) 

and (f) to read as follows: 

§ 679.81 Rockfish Program annual 

harvester and processor privileges. 

* * * * * 

(e) * * * 

(1) * * * 

(iv) Electronic: http:// 

alaskafisheries.noaa.gov. 

(2) Application forms. Application 

forms are available on the NMFS Alaska 

Region website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at 800–304–4846, 

Option 2. 

* * * * * 

(f) Application for inter-cooperative 

transfer of cooperative quota (CQ)—(1) 

Completed application. NMFS will 

process an application for intercooperative transfer of cooperative 

quota (CQ) provided that a paper or 

electronic online transfer application is 

completed by the transferor and 

transferee, with all applicable fields 

accurately filled-in, and all required 

additional documentation is attached. 

(2) Certification of transferor—(i) 

Non-electronic submittal. The 

transferor’s designated representative 

and the eligible rockfish processor with 

whom that rockfish cooperative in the 

catcher vessel sector is associated must 

sign and date the application certifying 

that all information is true, correct, and 

complete. The transferor’s designated 

representative must submit the paper 

application as indicated on the 

application. 

(ii) Electronic submittal. (A) The 

transferor’s designated representative 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferor’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(B) (Catcher vessel transfer to catcher 

vessel only) The transferor’s eligible 

rockfish processor must log into the 

system and accept the transfer request. 

By using the processor’s NMFS ID, 

password, and Transfer Key, the 

designated representative certifies that 

all information is true, correct, and 

complete. 

(3) Certification of transferee—(i) 

Non-electronic submittal. The 

transferee’s designated representative 

and the eligible rockfish processor with 

whom that rockfish cooperative in the 

catcher vessel sector is associated must 

sign and date the application certifying 

that all information is true, correct, and 

complete. 

(ii) Electronic submittal 

(A) (Catcher vessel transfer to catcher 

vessel or catcher/processor transfer to 

catcher vessel only) The transferee’s 

eligible rockfish processor must log into 

the system and accept the transfer 

request. By using the processor’s NMFS 

ID, password, and Transfer Key, the 

designated representative certifies that 

all information is true, correct, and 

complete. 

(B) The transferee must log into the 

system and accept the transfer request. 

By using the transferee’s NMFS ID, 

password, and Transfer Key, the 

designated representative certifies that 

all information is true, correct, and 

complete. 

* * * * * 

■ 4. In § 679.91, add paragraph 

(b)(1)(iv); and revise paragraphs (b)(2) 

and (g) to read as follows: 

§ 679.91 Amendment 80 Program annual 

harvester privileges. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) Electronic: http:// 

alaskafisheries.noaa.gov. 

(2) Application forms. Application 

forms are available on the NMFS Alaska 

Region website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at 800–304–4846, 

Option 2. 

* * * * * 

(g) Application for inter-cooperative 

transfer of Amendment 80 CQ—(1) 

Completed application. NMFS will 

process an application for intercooperative transfer of Amendment 80 

cooperative quota (CQ) provided that a 

paper or electronic application is 

completed by the transferor and 

transferee, with all applicable fields 

accurately filled in, and all required 

additional documentation is attached. 

(2) Amendment 80 species CQ 

assignment. Amendment 80 species CQ 

must be assigned to a member of the 

Amendment 80 cooperative receiving 

the CQ for purposes of use cap 

calculations. No member of an 

Amendment 80 cooperative may exceed 

the CQ use cap applicable to that 

member. 

(3) Total amount of Amendment 80 

species CQ. For purposes of 

Amendment 80 species CQ use cap 

calculations, the total amount of 

Amendment 80 species CQ held or used 

by a person is equal to all metric tons 

of Amendment 80 species CQ derived 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51519 

from all Amendment 80 QS units on all 

Amendment 80 QS permits held by that 

person and assigned to the Amendment 

80 cooperative and all metric tons of 

Amendment 80 species CQ assigned to 

that person by the Amendment 80 

cooperative from approved transfers. 

(4) Amendment 80 QS units. The 

amount of Amendment 80 QS units held 

by a person, and CQ derived from those 

Amendment 80 QS units, is calculated 

using the individual and collective use 

cap rule established in § 679.92(a). 

(5) Certification of transferor—(i) 

Non-electronic submittal. The 

transferor’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. The transferor’s 

designated representative must submit 

the paper application as indicated on 

the application. 

(ii) Electronic submittal. The 

transferor’s designated representative 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferor’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(6) Certification of transferee—(i) 

Non-electronic submittal. The 

transferee’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. 

(ii) Electronic submittal. The 

transferee’s designated representative 

must log into the system and accept the 

transfer request as indicated on the 

computer screen. By using the 

transferee’s NMFS ID, password and 

Transfer Key, the designated 

representative certifies that all 

information is true, correct, and 

complete. 

* * * * * 

PART 680—SHELLFISH FISHERIES OF 

THE EXCLUSIVE ECONOMIC ZONE 

OFF ALASKA 

■ 5. 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. 

■ 6. In § 680.5, revise paragraphs 

(a)(2)(i)(G), (g)(1), and (g)(2) to read as 

follows: 

§ 680.5 Recordkeeping and reporting 

(R&R). 

(a) * * * 

(2) * * * 

(i) * * * 

Recordkeeping and reporting report 

Person 

responsible 

Reference 

*****

(G) CR Crab Landing Report RCR § 679.5(e) 

*****

* * * * * 

(g) * * * 

(1) Applicability. An RCR or the RCR’s 

authorized representative, who receives 

any CR crab pursuant to § 680.44 must 

submit to NMFS online a complete RCR 

fee form as instructed on the form at 

NMFS Alaska Region website at http:// 

alaskafisheries.noaa.gov. 

(2) Due date and submittal. The 

reporting period of the RCR fee 

submission shall be the crab fishing 

year. An RCR must submit any crab cost 

recovery fee liability payment(s) and the 

RCR fee submission form to NMFS 

online not later than July 31 following 

the crab fishing year in which the CR 

crab landings were made. 

* * * * * 

■ 7. In § 680.20, add paragraph (a)(3); 

and revise paragraphs (d)(3), (d)(4), 

(e)(5), (f)(4)(ii)(B), (g)(2)(viii)(C)(2), and 

(h)(6) introductory text to read as 

follows: 

§ 680.20 Arbitration System. 

(a) * * * 

(3) Document submittal information. 

Submit documents and reports to NMFS 

as follows: by mail to the Regional 

Administrator, NMFS, P.O. Box 21668, 

Juneau, AK 99802; by courier to NMFS, 

709 West 9th Street, Juneau, AK 99801; 

or by fax to 907–586–7465. 

* * * * * 

(d) * * * 

(3) An Arbitration Organization, with 

members who are QS or PQS holders, 

must submit a complete Annual 

Arbitration Organization Report to 

NMFS in accordance with paragraph 

(a)(3) of this section by August 20, 2005, 

for the crab fishing year beginning on 

July 1, 2005, and by May 1 of each 

subsequent year for the crab fishing year 

beginning on July 1 of that year. 

(4) An Arbitration Organization, with 

members who are IFQ or IPQ holders, 

must submit a complete Annual 

Arbitration Organization Report to 

NMFS in accordance with paragraph 

(a)(3) of this section by not later than 15 

days after the issuance of IFQ and IPQ 

for that crab QS fishery. 

(e) * * * 

(5) Notification to NMFS. Not later 

than June 1 for that crab fishing year, 

except as provided in paragraph (e)(6) of 

this section, the Arbitration 

Organizations representing the holders 

of Arbitration QS and PQS in each 

fishery shall notify NMFS of the persons 

selected as the Market Analyst, Formula 

Arbitrator, and Contract Arbitrator(s) for 

the fishery in accordance with 

paragraph (a)(3) of this section. 

* * * * * 

(f) * * * 

(4) * * * 

(ii) * * * 

(B) NMFS Alaska Region in 

accordance with paragraph (a)(3) of this 

section; and 

* * * * * 

(g) * * * 

(2) * * * 

(viii) * * * 

(C) * * * 

(2) NMFS in accordance with 

paragraph (a)(3) of this section; and 

* * * * * 

(h) * * * 

(6) Information provided to NMFS. 

The Contract Arbitrator must provide 

any information, documents, or data 

required under this paragraph to NMFS 

in accordance with paragraph (a)(3) of 

this section not later than 30 days prior 

to the end of the crab fishing year for 

which the open negotiation or 

arbitration applied. The contract with 

the Contract Arbitrator must specify that 

the Contract Arbitrator provide NMFS 

with: 

* * * * * 

■ 8. In § 680.21, revise paragraph (f) to 

read as follows: 

§ 680.21 Crab harvesting cooperatives. 

* * * * * 

(f) Application for transfer of crab 

harvesting cooperative IFQ—(1) 

Completed application. NMFS will 

process an application for transfer of 

crab harvesting cooperative individual 

fishing quota (IFQ) provided that a 

paper or electronic request form is 

completed by the applicant, with all 

applicable fields accurately filled in, 

and all required additional 

documentation is attached. 

(2) Certification of transferor—(i) 

Non-electronic submittal. The 

transferor’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. The transferor’s 

designated representative must submit 

the paper application as indicated on 

the application. 

(ii) Electronic submittal. The 

transferor’s designated representative 


erowe on DSK5CLS3C1PROD with RULES
51520 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferor’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(3) Certification of transferee—(i) 

Non-electronic submittal. The 

transferee’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. 

(ii) Electronic submittal. The 

transferee’s designated representative 

must log into the system and accept the 

transfer request as indicated on the 

computer screen. By using the 

transferee’s NMFS ID, password, and 

Transfer Key, the designated 

representative certifies that all 

information is true, correct, and 

complete. 

(4) Submittal information. An 

application for transfer of crab 

harvesting cooperative IFQ crab QS or 

PQS may be submitted to NMFS as 

instructed on the application. Forms are 

available on the NMFS Alaska Region 

website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at 800–304–4846, 

Option 2. 

* * * * * 

■ 9. In § 680.40, revise the section 

heading, paragraph (f) heading, and 

paragraph (f)(1)(ii) to read as follows: 

§ 680.40 Crab Quota Share (QS), 

Processor QS (PQS), Individual Fishing 

Quota (IFQ), and Individual Processor 

Quota (IPQ) Issuance. 

* * * * * 

(f) Application for crab QS or PQS. 

(1) * * * 

(ii) An application for crab QS or PQS 

may be submitted to NMFS as 

instructed on the application. Forms are 

available on the NMFS Alaska Region 

website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at 800–304–4846, 

Option 2. 

* * * * * 

■ 10. In § 680.41, revise paragraphs (b) 

and (h) to read as follows: 

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

* * * * * 

(b) Transfer applications—(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 August 1 until the date of the 

issuance of IFQ or IPQ for that crab QS 

fishery. 

(2) Notification of application 

approval or disapproval. Persons 

submitting any application for approval 

under § 680.41 will receive notification 

of the Regional Administrator’s decision 

to approve or disapprove the 

application, and if applicable, the 

reason(s) for disapproval. 

(3) Reasons for disapproval. Reasons 

for disapproval of an application 

include, but are not limited to: 

(i) Lack of U.S. citizenship, where 

U.S. citizenship is required; 

(ii) Failure to meet minimum 

requirements for sea time as a member 

of a harvesting crew; 

(iii) An incomplete application, 

including fees and an EDR, if required; 

(iv) An untimely application; or 

(v) Fines, civil penalties, or other 

payments due and owing, or 

outstanding permit sanctions resulting 

from Federal fishery violations. 

(4) QS, PQS, IFQ, or IPQ accounts. (i) 

QS, PQS, IFQ, or IPQ accounts affected 

by a transfer approved by the Regional 

Administrator will change on the date of 

approval. 

(ii) For non-electronic submittals, any 

necessary IFQ or IPQ permits will be 

sent with the notification of approval if 

the receiver of the IFQ or IPQ permit has 

completed an annual application for 

crab IFQ or IPQ permit for the current 

fishing year as required under § 680.4. 

(iii) For electronic submittals, the 

parties to the transfer would access and 

print approvals and permits online. 

(5) Submittal. Submit applications 

and other documents to NMFS as 

instructed on the application. Forms are 

available on the NMFS Alaska Region 

website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at: 800–304–4846, 

Option 2. 

* * * * * 

(h) Applications for transfer—(1) 

Application for transfer of crab IFQ. 

NMFS will process a request for transfer 

of crab individual fishing quota (IFQ) 

provided that a paper application is 

completed, with all information fields 

accurately filled in, and all required 

additional documentation is attached. 

The transferor’s and the transferee’s 

designated representatives must sign 

and date the application certifying that 

all information is true, correct, and 

complete. The transferor’s designated 

representative must submit the paper 

application as indicated on the 

application. 

(2) Application for transfer of crab 

IPQ—(i) Completed application. NMFS 

will process a request for transfer of crab 

individual processor quota (IPQ) 

provided that a paper or electronic 

request form is completed, with all 

information fields accurately filled in, 

and all required additional 

documentation is attached. 

(ii) Certification of transferor—(A) 

Non-electronic submittal. The 

transferor’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. The transferor’s 

designated representative must submit 

the paper application as indicated on 

the application. 

(B) Electronic submittal. The 

transferor’s designated representative 

must log into the system and create a 

transfer request as indicated on the 

computer screen. By using the 

transferor’s NMFS ID, password, and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(iii) Certification of transferee—(A) 

Non-electronic submittal. The 

transferee’s designated representative 

must sign and date the application 

certifying that all information is true, 

correct, and complete. 

(B) Electronic submittal. The 

transferee’s designated representative 

must log into the system and accept the 

transfer request as indicated on the 

computer screen. By using the 

transferee’s NMFS ID, password and 

Transfer Key and submitting the transfer 

request, the designated representative 

certifies that all information is true, 

correct, and complete. 

(3) Application for transfer of crab QS 

or PQS. NMFS will process a request for 

transfer of crab quota share (QS) or crab 

processor quota share (PQS) provided 

that a paper request form is completed 

and notarized, with all information 

fields accurately filled in, and all 

required additional documentation is 

attached. The transferor’s and the 

transferee’s designated representatives 

must sign and date the application 

certifying that all information is true, 

correct, and complete. 

* * * * * 

■ 11. In § 680.44, revise paragraph 

(a)(4)(iii) to read as follows: 

§ 680.44 Cost recovery. 

(a) * * * 

(4) * * * 

(iii) Payment address. Submit 

payment and related documents as 

instructed on the fee form; payments 

may also be submitted electronically to 

NMFS. Forms are available on the 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51521 

NMFS Alaska Region website at http:// 

alaskafisheries.noaa.gov, or by 

contacting NMFS at: 800–304–4846, 

Option 2. 

* * * * * 

[FR Doc. E9–24217 Filed 10–6–09; 8:45 am] 

BILLING CODE 3510–22–S 


erowe on DSK5CLS3C1PROD with RULES