[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24762-24768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12036]



[[Page 24762]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680

[Docket No. 080312430-8503-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 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, web-based process. To facilitate web-
based transfers, NMFS would remove the requirement for notarized 
signatures for all crab non-permanent leases of individual fishing 
quota and individual processor quota and remove unnecessary quota share 
price-related questions. The purpose of this action is to reduce 
paperwork burdens placed on the fishing industry by providing the 
option of electronic transfer through the Internet. This action would 
allow 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 proposes a variety of ``housekeeping'' but necessary 
regulatory amendments including: removing detailed description of 
applications from regulatory text; removing detailed NMFS mail, fax, 
and delivery addresses and replacing them with one paragraph stating 
that the form may be submitted in accordance with instructions on the 
form; removing outdated survey-type questions from two applications; 
dividing one application into three separate applications; revising the 
NMFS Alaska Region web address; and correcting cross-references.

DATES: Comments must be received no later than June 10, 2009.

ADDRESSES: You may submit comments, identified by 0648-AW56, by any one 
of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Fax: 907-586-7557
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of the Categorical Exclusion (CE), Regulatory Impact Review 
(RIR), and Initial Regulatory Flexibility Analysis (IRFA) prepared for 
this action may be obtained from the NMFS Alaska Region, P.O. Box 
21668, Juneau, Alaska 99802, Attn: Ellen Sebastian, and on the NMFS 
Alaska Region website 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 at the above address, and by e-mail to 
<a href="/cdn-cgi/l/email-protection#1054716679744f427f63647b7562507f7d723e757f603e777f66"><span class="__cf_email__" data-cfemail="337752455a576c615c4047585641735c5e511d565c431d545c45">[email protected]</span></a> or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries 
of the Bering Sea and Aleutian Islands in the Exclusive Economic Zone 
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 and 
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 Magnuson-Stevens 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 five management 
programs that allocate quota share and associated harvesting or 
processing privileges to qualified entities and allow for the transfer 
of these privileges among qualified entities upon approval by NMFS. The 
provision for electronic online quota transfers is proposed for four of 
these programs--the Western Alaska Community Development Quota Program 
(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 in the Bering Sea and Aleutian Islands Area Crab 
Rationalization (CR) Program. Each of these programs authorizes 
transfers of quota shares under particular circumstances. Depending on 
the circumstances, the transfers--which are typically leasing 
arrangements--are between individuals, cooperatives, or various 
commercial entities. The fifth quota share program, Halibut and 
Sablefish IFQ, is not proposed to be included in online transfers. 
There are minimal leasing opportunities for this program that are 
conditioned upon submission of documentation that can only be provided 
in paper form, such as medical records.

Need for Action

    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 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.
    This action would offer an additional electronic option for 
applicants to accomplish certain transfers through automated, online 
submittals and automated transfer processing. Electronic transfer 
service also would benefit NMFS as it would reduce existing transfer 
processing labor needs, improve data quality, and promote the 
objectives of the Government Paperwork Elimination Act.

[[Page 24763]]

    This rule standardizes the regulatory text that the individuals 
providing information certify that the information provided is ``true, 
correct, and complete to the best of his or her knowledge and belief.'' 
In paragraph 679.5(n)(1), this text is added for the CDQ Program. 
Paragraph 679.81(f)(2) is revised for the Rockfish Program. Paragraph 
679.91(g) is revised for the Amendment 80 Program. Paragraphs 680.21(f) 
and 680.41(h) are revised for the CR Program.
    With respect to quota transfers, this action would not change any 
eligibility requirements, schedules, or any part of the programs 
involved other than to provide a web-based option to submit 
applications and conduct transfers online. The transfer regulations for 
each program would be amended to specify that both paper and online 
applicants certify information supporting the transfers. Particular 
amendments for each program would be as follows:

Section 679.5(n) Groundfish CDQ Fisheries

    Paragraph (n) of Sec.  679.5 details the recordkeeping and 
reporting (R&R) requirements for groundfish CDQ fisheries, including 
CDQ and PSQ transfers. In addition to adding an online transfer 
process, paragraph (n)(1) would be revised by removing the detailed 
description of transfer applications, because that detail is provided 
on the application and in the instructions.

Section 679.81 Rockfish Program Annual Harvester and Processor 
Privileges

    Section 679.81(e) describes the applications for the Rockfish 
Program. Paragraph (e) would be amended to establish the application 
for the online transfers. Paragraph (e)(1) would be amended to update 
application mailing and website addresses.
    Section 679.81(f) describes the ``Application for Inter-Cooperative 
Transfer of Rockfish Cooperative Quota (CQ).'' Paragraph (f) would be 
revised by removing duplicative and unnecessary description of the 
transfer request, because the information is provided on the 
application and in the instructions.

Section 679.91 Amendment 80 Program Annual Harvester Privileges

    Section 679.91 describes requirements for the Amendment 80 Program 
annual harvester privileges and transfer processes. An online transfer 
process would be added and application mailing and website addresses 
would be updated.
    NMFS would amend the regulatory text to enhance its accuracy and 
usefulness. Paragraph (g) would be revised to read ``Application for 
Inter-Cooperative Transfer of Amendment 80 Cooperative Quota (CQ)'' 
because this is the only application described in this section. 
Paragraph (g) would be revised to remove detailed description of the 
application and other information that may be found on the form and in 
the instructions. Paragraph (g)(1), a general description of the 
transfer request, would be added. Paragraphs (g)(4)(iv) through (vi) 
would be redesignated as paragraphs (g)(2) through (4), respectively.

Section 680.41 Transfer of QS, PQS, IFQ and IPQ

    The proposed rule would provide for online transfers and add the 
Alaska Region website address and location of forms. NMFS also proposes 
to remove duplicative text regarding each of the quota transfer 
applications. As this change would eliminate text, the proposed rule 
would redesignate paragraphs accordingly. The section describing 
notification of approval by the Regional Administrator would be revised 
by simplifying the language and removing the text specifying that the 
applicants would be notified of a successful transfer or denial of a 
transfer by mail because NMFS would have more than one method of 
notifying applicants.
    Paragraph (h) describes transfer of crab QS/IFQ or PQS/IPQ all in 
one application. NMFS proposes to divide-up the unified application. 
The proposed rule would reorganize and revise paragraph (h) to separate 
the single application into three applications and revise the heading 
for paragraph (h). Using one form to request information for three 
different permits with different information requirements is overly 
complicated and confusing. In view of the proposed changes, the heading 
for paragraph 680.41(h) would be revised to accurately describe this 
section.
    The regulations governing QS/PQS transfers would be revised to 
allow submittal of legible faxes. Cooperative transfers and transfers 
of IFQ or IPQ would be revised to remove requirements for notary and 
price data and to allow submittal of legible faxes.
    In addition, six ``survey type'' questions asking for background 
information would be removed from applications for cooperative 
transfers and transfers of IFQ or IPQ. These questions seek costs 
associated with transfers, prices paid for leasing, and reasons for the 
transfer. These are temporary annual transfers. NMFS has determined 
that the information on reasons for transfers is not helpful or 
informative for management goals. Data on permanent quota share 
transfers are more significant socio-economic information and NMFS will 
continue to seek this information.
    Paragraphs (h)(1) through (h)(3) would be revised by removing the 
detailed description of the electronic and paper transfer request, 
because that detail is provided on the form and in the instructions to 
the form.

Other Regulatory Amendments

    Section 680.5 Recordkeeping and reporting (R&R). Section 680.5 
describes recordkeeping and reporting requirements for the CR Program. 
As one of two housekeeping measures, a cross-reference to the CR crab 
landing report would be corrected.
    The proposed rule would revise paragraph (g) by removing the 
descriptions of various methods and addresses for submittal of the RCR 
fee submission form and by replacing it with text instructing the 
participants to refer to the fee form submittal instructions on the 
NMFS Alaska Region website at http://alaskafisheries.noaa.gov. This 
would simplify and shorten regulatory text.
    Section 680.20 Arbitration System. Section 680.20 describes the CR 
Program Arbitration System and requirements to submit arbitration 
reports and other arbitration information to NMFS and related submittal 
deadlines. The proposed rule would standardize submittal addresses for 
the CR Program Arbitration System by placing the complete mailing 
address for NMFS into paragraph 680.20(a)(3), by removing NMFS address 
information from paragraphs (d)(3), (d)(4), (e)(5), (f)(4)(ii)(B), 
(g)(2)(viii)(C)(2), and (h)(6) introductory text, and by adding a 
cross-reference to paragraph (a)(3) to identify what information must 
be submitted and by whom.
    Section 680.21 Crab Harvesting Cooperatives. Section 680.21 
contains provisions for CR Program harvesting cooperatives, including 
transfer requirements. The heading for paragraph (f) would be revised 
to read ``Application for Transfer of Crab Harvesting Cooperative IFQ'' 
to correct the name of the application. NMFS would change the format of 
paragraph (f) by removing detailed descriptions of the transfer 
application and replacing that text with information stating that a 
complete and timely application must be filed with NMFS and that 
instructions are provided on the form. NMFS believes that all 
participants have

[[Page 24764]]

access to and knowledge of the applications on the Alaska Region 
website.
    Section 680.40 Crab QS, PQS, IFQ, IPQ Issuance. The section heading 
and paragraph heading would be amended to clarify the topic 
descriptions. The proposed rule would modify the various methods and 
addresses for submittal, so that applicants would be directed to the 
Alaska Region website address for forms and instructions.
    Section 680.44 Cost Recovery. Paragraph (a)(4)(iii) would be 
revised by removing the detailed submittal addresses for mail, fax, and 
courier delivery and replacing them with a paragraph stating that the 
form may be submitted in accordance with instructions on the form.
    The proposed rule would revise the NMFS Alaska Region web address 
to http://alaskafisheries.noaa.gov for all information submitted 
electronically and for all other uses, including access to application 
forms and program information in the 50 CFR part 679 and in the 50 CFR 
part 680 regulations.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Acting Assistant Administrator has determined that this proposed rule 
is consistent with the provisions of the Magnuson-Stevens Act and other 
applicable law, subject to further consideration after public comment.
    NMFS prepared an initial regulatory flexibility analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. Descriptions of the action, the reasons 
it is under consideration, and its objectives and legal basis, are 
contained at the beginning of this section in the preamble and in the 
SUMMARY section of the preamble. A summary of the analysis follows. A 
copy of this analysis is available from NMFS (see ADDRESSES).
    The IRFA for this proposed action describes in detail the reasons 
why this action is being proposed; describes the objectives and legal 
basis for the proposed rule; describes and estimates the number of 
small entities to which the proposed rule would apply; describes any 
projected reporting, recordkeeping, or other compliance requirements of 
the proposed rule; identifies any overlapping, duplicative, or 
conflicting Federal rules; and describes any significant alternatives 
to the proposed rule that accomplish the stated objectives of the 
Magnuson-Stevens Act and any other applicable statutes, and that would 
minimize any significant adverse economic impact of the proposed rule 
on small entities.
    The description of the proposed action, its purpose, and its legal 
basis are described in the preamble and are not repeated here.
    This action would provide participants in the CDQ Program, Rockfish 
Program, Amendment 80 Program, and CR Program the opportunity to submit 
quota transfer applications electronically, with the potential for 
processing and approving quota transfers electronically, entirely over 
the Internet. Program participants have commented that current transfer 
processes are not flexible or responsive enough to meet the needs of a 
24-hour, seven-days-a-week, short-term fishery that must continually 
reorganize allocations to meet operational and market demands. For 
example, cooperatives frequently use inter-cooperative leases to 
maximize the efficient use of vessels and allocations. The proposed 
electronic processes would address the problems of limited business 
hours of NMFS staff; requirements for original application documents 
and notarized signatures; and the lengths of time needed for 
application submission, approval, and receipt of permits. The proposed 
revisions would benefit Program participants by reducing the time, 
expense, and administrative effort associated with submitting requests 
to NMFS for approval of quota transfers.
    This action would impact administrative procedures for fisheries 
management programs within the Alaska Region. This rule creates a new 
option for CDQ groups, Rockfish Cooperatives, the Amendment 80 
cooperatives, the Crab Harvesting cooperatives, and crab IPQ holders to 
transfer annual allocations of CDQ, CQ, IFQ, or IPQ (as appropriate) 
among themselves online to make transfers more efficient and faster. 
Prior to this action these entities submitted transfer paperwork to 
NMFS using only the mail, fax, and/or courier.
    These changes would create no new costs for industry, because the 
costs of implementation have already been incurred. In fact, the 
industry may have fewer costs. NMFS expects that the participants of 
those programs will tend to participate in online activities because 
the option 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 operational logistics 
and market changes. Transfer participants will not have to wait for 
NMFS to approve and complete the transfer and notify them on 
completion. They can conduct such transfers when it is convenient for 
them to do so--evenings, weekends, holidays and other non-business 
hours.
    This change would create no new costs for NMFS, because the costs 
of implementation have already been incurred. To the extent that 
industry uses this option, administrative costs for NMFS would also be 
reduced by streamlining the administrative process, with no appreciable 
loss of necessary data or management capabilities. Automated checks in 
the submission system will monitor applications for completeness and 
consistency with law. Paper applications would only be required if 
problems occurred with the electronic transfer attempt or in some 
situations requiring attachments that must be examined by NMFS staff.
    This action also would divide the single form currently used to 
apply for transfers of crab QS/IFQ or PQS/IPQ into three separate forms 
governing transfers of crab IFQ, crab IPQ, and crab QS or PQS. 
Currently somewhat different information is collected for each type of 
transfer, but only one form is used for the applications. This form is 
therefore unnecessarily complicated.
    NMFS estimates that this action may directly regulate six small CDQ 
groups, one small rockfish cooperative, no small Amendment 80 
cooperatives, four small crab cooperatives, 18 small crab PQS holders, 
31 small crab IFQ holders, 13 small crab IPQ holders, 250 small crab QS 
holders, and 25 small crab PQS holders.
    The IRFA did not reveal any Federal rules that duplicate, overlap, 
or conflict with the proposed action.
    The alternatives were developed to minimize potential adverse 
economic effects on directly regulated entities. The objectives of this 
action are to:
    [diams] Maintain recordkeeping and reporting requirements for the 
impacted programs that provide the information necessary to manage the 
fisheries and to enforce Federal regulations applicable to the 
programs.
    [diams] Reduce the time, effort, and documentation involved in the 
process of making quota transfers.
    [diams] Maintain the overall economic and social goals and purpose 
of the regulated programs.
    NMFS initially considered an alternative that would have required 
use of the online systems rather than making them optional. NMFS 
rejected this alternative without analysis because NMFS could not be 
certain that all

[[Page 24765]]

entities in all impacted industry sectors had the capability of 
submitting forms electronically and because some transfers still 
require attachments that must be examined by NMFS staff. The preferred 
alternative reflects the least burdensome of management structures in 
terms of directly regulated small entities available, while fully 
achieving the conservation and management purposes consistent with 
applicable statutes.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This regulation does not impose new recordkeeping and reporting 
requirements on the regulated small entities.

Collection-of-Information Requirements

    This rule 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). 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. 0648-0565: Two hours for Application to Transfer 
Amendment 80 Cooperative Quota.
    OMB Control No. 0648-0545: Two hours for Application for Inter-
cooperative Transfer of Rockfish Quota Share.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the PRA and which have been 
submitted to OMB for approval. Public reporting burden estimates per 
response for these requirements are listed by OMB control number.
    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, and 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.
    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.
    Public comment is sought regarding whether these proposed 
collections-of-information are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection-of-
information, including through the use of automated collection 
techniques or other forms of information technology.
    Send comments on these or any other aspects of the collection-of-
information to NMFS Alaska Region at the ADDRESSES above, and e-mail to 
<a href="/cdn-cgi/l/email-protection#450124332c211a172a36312e2037052a28276b202a356b222a33"><span class="__cf_email__" data-cfemail="692d081f000d363b061a1d020c1b2906040b470c0619470e061f">[email protected]</span></a>, 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.

    Dated: May 18, 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 proposed to be 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 Sec.  679.5, revise paragraph (n)(1) to read as follows:


Sec.  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) Transfer acceptance. In the case of an online transfer, the 
transferee group must accept the transfer.
    (iii) 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.
    (B) Electronic submittal. The transferor's designated 
representative must submit the application as indicated on the computer 
screen. By using the transferor's NMFS ID, password and Transfer Key 
and submitting the application, the designated representative certifies 
that all information is true, correct, and complete.
    (iv) 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 submit the application as indicated on the computer 
screen. By using the transferee's NMFS ID, password and Transfer Key 
and submitting the application, the designated representative certifies 
that all information is true, correct, and complete.
* * * * *
    3. In Sec.  679.81, add paragraph (e)(1)(iv); and revise paragraphs 
(e)(2) and (f) to read as follows:


Sec.  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 
inter-cooperative 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 must sign and date the 
application

[[Page 24766]]

certifying that all information is true, correct, and complete.
    (ii) Electronic submittal. The transferor's designated 
representative must submit the application as indicated on the computer 
screen. By using the transferor's NMFS ID, password and Transfer Key 
and submitting the application, 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 submit the application as indicated on the computer 
screen. By using the transferee's NMFS ID, password and Transfer Key 
and submitting the application, the designated representative certifies 
that all information is true, correct, and complete.
* * * * *
    4. In Sec.  679.91, add paragraph (b)(1)(iv); and revise paragraphs 
(b)(2) and (g) to read as follows:


Sec.  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 inter-
cooperative 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 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 Sec.  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.
    (ii) Electronic submittal. The transferor's designated 
representative must submit the application as indicated on the computer 
screen. By using the transferor's NMFS ID, password and Transfer Key 
and submitting the application, 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 submit the application as indicated on the computer 
screen. By using the transferee's NMFS ID, password and Transfer Key 
and submitting the application, 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 Sec.  680.5, revise paragraphs (a)(2)(i)(G), (g)(1), and 
(g)(2) to read as follows:


Sec.  680.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (2) * * *
    (i) * * *

------------------------------------------------------------------------
                                                    Person
       Recordkeeping and reporting report        responsible   Reference
------------------------------------------------------------------------
* * * * * * *..................................  ...........  ..........
------------------------------------------------------------------------
(G) CR Crab Landing Report.....................          RCR        Sec.
                                                                679.5(e)
------------------------------------------------------------------------
* * * * * * *..................................  ...........  ..........
------------------------------------------------------------------------

* * * * *
    (g) * * *
    (1) Applicability. An RCR or the RCR's authorized representative, 
who receives any CR crab pursuant to Sec.  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 Sec.  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:


Sec.  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, Room 401, 709 West 9\th\ 
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,

[[Page 24767]]

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 Sec.  680.21, revise paragraph (f) to read as follows:


Sec.  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.
    (ii) Electronic submittal. The transferor's designated 
representative must submit the application as indicated on the computer 
screen. By using the transferor's NMFS ID, password and Transfer Key 
and submitting the application, 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 submit the application as indicated on the computer 
screen. By using the transferee's NMFS ID, password and Transfer Key 
and submitting the application, the designated representative certifies 
that all information is true, correct, and complete.
    (4) Submittal information. Submit applications and other documents 
in this section to NMFS as follows: by mail addressed to the Regional 
Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to 
NMFS, Room 713, 709 West 9\th\ Street, Juneau, AK 99801; by fax to 907-
586-7354; or online at http://alaskafisheries.noaa.gov.
    (5) Forms. 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 Sec.  680.40, revise the section heading, paragraph (f) 
heading, and paragraph (f)(1)(ii) to read as follows:


Sec.  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 Sec.  680.41, revise paragraphs (b) and (h) to read as 
follows:


Sec.  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 Sec.  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 Sec.  
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.
    (2) Application for transfer of crab IPQ--(i) Completed 
application. NMFS will process a request for transfer of crab 
individual processor quota (IPQ)

[[Page 24768]]

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.
    (B) Electronic submittal. The transferor's designated 
representative must submit the application as indicated on the computer 
screen. By using the transferor's NMFS ID, password and Transfer Key 
and submitting the application, 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 submit the application as indicated on the computer 
screen. By using the transferee's NMFS ID, password and Transfer Key 
and submitting the application, 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 Sec.  680.44, revise paragraph (a)(4)(iii) to read as 
follows:


Sec.  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 NMFS Alaska Region 
website at http://alaskafisheries.noaa.gov, or by contacting NMFS at: 
800-304-4846, Option 2.
* * * * *
[FR Doc. E9-12036 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-22-S


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