24762 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 

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. 

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, webbased 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form; removing outdated survey-type 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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 907–586–7557 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Hand delivery to the Federal 

Building: 709 West 9th 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 

David_Rostker@omb.eop.gov 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 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 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. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 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 § 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 InterCooperative 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 divideup 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 crossreference 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 

24764 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 

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 MagnusonStevens 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 intercooperative 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: 

♦ 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. 

♦ Reduce the time, effort, and 

documentation involved in the process 

of making quota transfers. 

♦ 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 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 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-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. 0648–0565: 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. 

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-ofinformation 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 

David_Rostker@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. 

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 § 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) 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 § 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 

must sign and date the application 

24766 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 

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 § 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 

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. 

(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 § 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, 

Room 401, 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, 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 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 § 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. 

(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 9th 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 § 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. 

(2) Application for transfer of crab 

IPQ—(i) Completed application. NMFS 

will process a request for transfer of crab 

individual processor quota (IPQ) 

24768 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed Rules 

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 § 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 

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