Proposed Rule2021-21721
Fisheries of the Exclusive Economic Zone Off Alaska; Regulatory Amendment To Remove GOA Sablefish IFQ Pot Gear Tags and Notary Certification Requirements
Primary source
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Published
October 6, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues a proposed rule to modify recordkeeping and reporting requirements to remove pot gear tag requirements in the sablefish Individual Fishing Quota (IFQ) fishery in the Gulf of Alaska (GOA) and remove requirements to obtain and submit a notary certification on various programs' application forms. This action is intended to reduce administrative burden on the regulated fishing industry and the National Marine Fisheries Service (NMFS). This action promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Halibut Act, fishery management plans (FMPs), and other applicable laws.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Proposed Rules]
[Pages 55560-55566]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21721]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300, 679, and 680
[Docket No. 210929-0201]
RIN 0648-BK76
Fisheries of the Exclusive Economic Zone Off Alaska; Regulatory
Amendment To Remove GOA Sablefish IFQ Pot Gear Tags and Notary
Certification Requirements
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 issues a proposed rule to modify recordkeeping and
reporting requirements to remove pot gear tag requirements in the
sablefish Individual Fishing Quota (IFQ) fishery in the Gulf of Alaska
(GOA) and remove requirements to obtain and submit a notary
certification on various programs' application forms. This action is
intended to reduce administrative burden on the regulated fishing
industry and the National Marine Fisheries Service (NMFS). This action
promotes the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the Halibut
Act, fishery management plans (FMPs), and other applicable laws.
DATES: Submit comments on or before November 5, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0084, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2021-0084 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Regulatory Impact Review (referred to as
the Analysis) and Categorical Exclusion prepared for this action are
available from <a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS Alaska Region
website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS at the above address and to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.''
FOR FURTHER INFORMATION CONTACT: Alicia M Miller at 907-586-7228 or
<a href="/cdn-cgi/l/email-protection#0b4a676268626a256625666267676e794b65646a6a256c647d"><span class="__cf_email__" data-cfemail="084964616b6169266526656164646d7a4866676969266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the U.S. exclusive
economic zone (U.S. EEZ) off Alaska under the FMP for Groundfish of the
GOA (GOA FMP), and the FMP for Groundfish of the Bering Sea and
Aleutian Islands (BSAI) Management Area (BSAI FMP). NMFS manages the
king and Tanner crab fisheries in the U.S. EEZ of the FMP for BSAI King
and Tanner Crabs (Crab FMP).
The North Pacific Fishery Management Council (Council) prepared,
and NMFS approved, the BSAI FMP, the GOA FMP, and the Crab FMP under
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.
Regulations governing and implementing the BSAI and GOA FMPs appear at
50 CFR parts 600 and 679. Regulations governing and implementing the
Crab FMP appear at 50 CFR parts 600 and 680.
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus stenolepis) through
regulations at 50 CFR part 300, subpart E, established under authority
of the Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C.
773-773k. Throughout the remainder of this preamble, Pacific halibut is
referred to as halibut. The IPHC adopts annual management measures
governing fishing for halibut under the Convention between the United
States and Canada for the Preservation of the Halibut Fishery of the
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended by a Protocol Amending the
Convention (signed at Washington, DC, on March 29, 1979). The IPHC
regulations are subject to acceptance by the Secretary of State with
concurrence from the Secretary of Commerce (Secretary). After
acceptance by the Secretary of State and the Secretary, NMFS publishes
the annual management measures in the Federal Register pursuant to 50
CFR 300.62. The Halibut Act, at section 773c(c), also authorizes the
Council to develop halibut fishery regulations, including limited
access regulations, that are in addition to, and not in conflict with,
approved IPHC regulations.
Background
In April 2021, the Council requested NMFS propose regulations to
remove the requirement to obtain a notary certification on IFQ Program
application
[[Page 55561]]
forms, as well as to remove the requirements for sablefish IFQ
fishermen using longline pot gear in the GOA to annually register their
vessel to participate in this fishery and obtain and mark their gear
with pot gear tags. This proposed rule would modify recordkeeping and
reporting requirements to remove pot gear tag requirements in the
sablefish IFQ fishery in the GOA and remove requirements to obtain and
submit a notary certification on application forms submitted under the
halibut and sablefish IFQ Program, Charter Halibut Limited Access
Program (CHLAP), Community Quota Entity (CQE) Program, License
Limitation Program (LLP), and the Crab Rationalization (CR) Program.
The primary purpose for requiring a notary certification was to prevent
fraud and forgery by requiring the personal presence of the signer and
satisfactorily identifying the signer. The Council determined, and NMFS
agrees, that this requirement is unnecessary and administratively
burdensome on the fleet and NMFS alike.
The following sections of this preamble describe (1) background
information on the IFQ Program, CQE Program, CHLAP, LLP, and the CR
Program, (2) the need for this proposed rule, (3) the impacts of this
proposed rule, and (4) the specific provisions that would be
implemented by this proposed rule.
Individual Fishing Quota Program
The commercial sablefish fisheries in the GOA and the BSAI are
managed primarily under the IFQ Program. The Council and NMFS designed
the IFQ Program to allocate harvest privileges among participants in
the hook-and-line fishery to reduce fishing capacity that had led to an
unsafe ``race for fish'' as vessels raced to harvest their allocation
of the annual total allowable catch (TAC) of sablefish as quickly as
possible before the TAC was reached. The IFQ Program design and
subsequent amendments were intended to support the social and economic
character of the fisheries and the coastal fishing communities where
many of these fisheries are based. NMFS also allocates a small portion
of the annual sablefish TAC to vessels using trawl gear. The trawl
sablefish fishery is not managed under the IFQ Program, and this
proposed rule does not modify regulations applicable to the trawl
sablefish fishery.
The commercial halibut fisheries in the GOA and the BSAI are also
managed under the IFQ Program. The halibut fisheries experienced
overcapacity and short fishing seasons similar to the sablefish
fisheries. In addition, many fishermen participate in both fisheries
because the species overlap in some fishing areas and may be harvested
simultaneously.
The IFQ Program was implemented in 1995 (58 FR 59375, November 9,
1993). Under the IFQ Program, access to the non-trawl sablefish and
halibut fisheries is limited to those persons holding quota shares.
NMFS issued separate quota shares for sablefish and halibut to
qualified applicants based on their historical participation during a
set of qualifying years in the sablefish and halibut fisheries. A quota
share is an exclusive, revocable privilege that allows the holder to
harvest a specific percentage of either the TAC in the sablefish
fishery or the annual commercial catch limit in the halibut fishery. In
addition to being specific to sablefish or halibut, quota shares are
designated for specific geographic harvest areas, a specific vessel
operation type (catcher vessel or catcher/processor), and for a
specific range of vessel sizes that may be used to harvest the
sablefish or halibut (vessel category).
Quota share allocation is given effect on an annual basis through
the issuance of an IFQ permit. An annual IFQ permit authorizes the
permit holder to harvest a specified amount of an IFQ species in an IFQ
regulatory area from a specific operation type and vessel category. IFQ
is expressed in pounds and is based on the amount of quota share held
in relation to the total quota share pool for each IFQ regulatory area
with an assigned catch limit. Section 3.1 of the Analysis (see
ADDRESSES) provides additional information on the IFQ Program.
NMFS authorized the use of longline pot gear in the sablefish IFQ
fishery in the GOA under Amendment 101 to the GOA FMP (81 FR 95435,
December 28, 2016). Under Amendment 101, NMFS also authorized the
retention of halibut IFQ when using longline pot gear to harvest
sablefish IFQ in the GOA. Under Amendment 101, NMFS implemented limits
on the number of pots that could be used and required the use of pot
gear tags. The pot gear tag requirements were intended to facilitate
at-sea monitoring and enforcement of the pot limits. Under regulations
implementing Amendment 101, a vessel operator using longline pot gear
in the GOA sablefish IFQ fishery must annually request pot gear tags
from NMFS by submitting a complete IFQ Sablefish Longline Pot Gear:
Vessel Registration and Request for Pot Gear Tags form, available on
the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>. NMFS then issues the number of requested pot gear tags
up to the pot limit authorized at Sec. 679.42(l)(5)(ii) in a sablefish
regulatory area.
Regulations require a notary certification for NMFS to approve the
following transactions under the IFQ Program: (1) Transfer of QS; (2)
Temporary Transfer of IFQ; (3) Temporary Military IFQ transfer; (4) QS
transfer to a Recreational Quota Entity (RQE); (5) QS transfer to a
CQE; (6) Application to establish an RQE; and (7) Application to
establish a CQE. The following sections briefly describe those
programs, which have not been discussed previously in this preamble.
Community Quota Entity Program
The Council developed the CQE Program to improve the ability for
rural coastal communities to maintain long-term opportunities to access
the halibut and sablefish resources. The Council recommended the CQE
Program in the GOA as an amendment to the IFQ Program in 2002, and NMFS
implemented the program in 2004 (69 FR 23681, April 30, 2004).
The CQE Program allows small, remote, coastal communities listed in
Table 21 to Part 679 in the GOA to purchase and hold catcher vessel
halibut QS in IPHC regulatory Areas 2C, 3A, and 3B, and catcher vessel
sablefish QS in the GOA. Communities eligible to participate in the CQE
Program in the GOA include those that meet criteria for geographic
location, population size, and historic participation in the halibut
and sablefish fisheries. Additional detail on the CQE Program is
available in Section 3.2 of the Analysis (See ADDRESSES).
Participating communities are represented by a CQE, which is a
NMFS-approved non-profit organization. The CQE holds QS and leases the
IFQ derived from the underlying QS to community residents. To
participate in this program, an eligible community must designate a CQE
to represent it through the submission of an application to NMFS for a
nonprofit corporation to be designated as a CQE. Regulations at 50 CFR
679.41(l) require a notary certification on this application form.
Charter Halibut Limited Access Program
The Council and NMFS developed specific management programs for the
charter halibut fishery to achieve allocation and conservation
objectives. These management programs maintain stability and economic
viability in the charter fishery by (1) limiting the number of charter
vessel operators, (2) allocating halibut to the charter fishery that
varies with abundance, and (3)
[[Page 55562]]
establishing a process for determining harvest restrictions for charter
vessel anglers to keep the charter halibut fishery harvest within its
allocations.
The charter fisheries in IPHC regulatory Areas 2C and 3A are
currently managed under the CHLAP and the Catch Sharing Plan (CSP). The
CHLAP limits the number of operators in the charter fishery, while the
CSP establishes annual allocations to the charter and commercial
fisheries and describes a process for determining annual management
measures to limit charter harvest to the allocations in each IPHC
regulatory area.
The CHLAP established Federal charter halibut permits (CHPs) for
operators in the charter halibut fisheries in Areas 2C and 3A (75 FR
554, January 5, 2010). Since 2011, all vessel operators in Areas 2C and
3A with charter anglers on board must have an original, valid CHP on
board during every charter vessel fishing trip on which halibut are
caught and retained. CHPs are endorsed for the applicable IFQ
regulatory area and the number of charter anglers that may catch and
retain halibut on a trip.
Several requirements must be met to receive a CHP. They included:
(1) A timely application for a permit; (2) documentation of
participation in the charter vessel fishery during the qualifying and
recent participation periods by Alaska Department of Fish and Game
(ADF&G) logbooks; and (3) ownership of a business that was licensed by
ADF&G to conduct the guided sport fishing that was reported in the
logbooks. Licensed business owners that qualified for CHPs included
individuals, corporations, firms, and associations (50 CFR 300.61).
NMFS issued both transferable and nontransferable CHPs, depending on
specific qualifying criteria detailed in the final rule implementing
the CHLAP (75 FR 554, January 5, 2010).
Effective December 20, 2019, implemented regulations also require
CHPs to be registered annually with NMFS before they are used (84 FR
64023, November 20, 2019). The annual registration of CHPs is intended
to improve the enforcement of CHP transfer limitations and ownership
caps, as well as provide additional information to NMFS and the Council
on any changes in CHP ownership, leasing, and participation.
Regulations at 50 CFR 300.67(i)(4) require a notary certification on a
CHP transfer application form.
License Limitation Program
In 1998, the Secretary implemented the LLP to place an upper limit
on the number of vessels that could be deployed in the crab and
groundfish (other than sablefish) fisheries off Alaska. The LLP was
originally intended to address concerns that the harvesting fleet had
expanded beyond the size necessary to harvest efficiently the optimum
yield of the fisheries off Alaska. The LLP established several
exemptions from the requirement that a vessel be named on an LLP
license, including an exemption for small vessels. The LLP was
established by Amendment 39 to the BSAI FMP, Amendment 41 to the GOA
FMP, and Amendment 5 to the Crab FMP, which were implemented by NMFS on
October 1, 1998 (63 FR 52642). Additional information about the LLP can
be found in the preamble to the proposed rule for these amendments (62
FR 43866, August 15, 1997).
As of January 1, 2000, an LLP license is required for vessels
participating in directed fishing for LLP groundfish species in the GOA
or BSAI, fishing for commercial scallops in the GOA or BSAI, or fishing
in any BSAI LLP crab fishery. A vessel must be named on an LLP license
and that LLP license must be on board the vessel. The LLP is authorized
in Federal regulations at 50 CFR 679.4(k), definitions relevant to the
program are at 679.2, and prohibitions are at 679.7.
The LLP license requirement is in addition to all other permits or
licenses required by Federal regulations. The LLP is a Federal program
and LLP licenses are not required for participation in fisheries that
occur in the waters of the State of Alaska.
Permanent LLP licenses are transferable, and the vessel named on
the LLP license may also be changed. Transfer applications are
available online and from the NMFS Restricted Access Management
Program. To be effective, an application for such transfers must be
submitted to and approved by NMFS. Additional information about the LLP
Program and transfer limitations is included in Section 3.5 of the
Analysis (See ADDRESSES).
Regulations at 50 CFR 679. 4(k)(7)(iii) require a notary
certification on an application for the transfer of LLP licenses.
Crab Rationalization Program
The CR Program was implemented on April 1, 2005 (70 FR 10174, March
2, 2005). The CR Program established a limited access program for nine
crab fisheries in the BSAI and assigned QS to persons based on their
historic participation in one or more of those nine BSAI crab fisheries
during a specific period. Each year, a person who holds QS may receive
an exclusive harvest privilege for a portion of the annual TAC. NMFS
also issues processor quota share (PQS) under the CR Program. Each
year, PQS yields an exclusive privilege to process a portion of IFQ in
each of the nine BSAI CR crab fisheries. This annual exclusive
processing privilege is called individual processor quota (IPQ). Only a
portion of the QS issued yields IFQ that is required to be delivered to
a processor with IPQ. Each year there is a one-to-one match between the
total pounds of IFQ that must be delivered to a processor with IPQ with
and the total pounds of IPQ issued in each CR crab fishery.
Administration of the CR Program requires the submission of
information to NMFS for a variety of purposes, including annual
formation of cooperatives and the transfer of QS, PQS, IFQ, and IPQ
privileges. Regulations require a notary certification on five CR
Program application forms: (1) Application for Transfer of Crab PQS;
(2) Application for Transfer of Crab QS; (3) Application to Become an
Eligible Crab Community Organization (ECCO); (4) Application for
Transfer of Crab QS/IFQ to or from an ECCO; and (5) Application for CR
Program Eligibility to Receive QS/PQS or IFQ/IPQ by Transfer.
Additionally, the BSAI CR Program QS Beneficiary Designation Form
requires a notary certification, but this requirement is not explicitly
stated in regulation.
Need for This Proposed Rule
The purpose of this proposed action is to remove recordkeeping and
reporting requirements that are no longer necessary. This action is
intended to reduce administrative burden on the regulated fishing
industry and NMFS by making two types of revisions to Federal
regulations. First, this proposed rule would remove regulations
requiring the use of pot gear tags in the longline pot gear sablefish
IFQ fishery in the GOA. Second, this proposed rule would remove notary
certification requirements for several application forms submitted to
NMFS.
Impacts of This Proposed Rule
Pot Gear Tags
This proposed rule would remove a requirement that all pots
deployed in GOA sablefish areas have a pot gear tag that is (1) issued
by NMFS and (2) assigned by NMFS to a vessel that is licensed by the
State of Alaska. Regulations requiring a vessel owner to request and
receive pot gear tags by submitting an application to NMFS would be
removed. NMFS would no
[[Page 55563]]
longer administer issuance of pot gear tags to vessel owners. Vessel
owners would no longer be required to submit an application to NMFS for
the purpose of assigning pot gear tags to the gear used by that vessel,
and vessel operators would no longer be required to track individual
pot gear tags marked with a unique identifier that are assigned to
their vessel.
Pot gear tags have proven to be an impractical and ineffective at-
sea enforcement tool for the purpose of enforcing pot limits
implemented under Amendment 101 to the GOA FMP. During an at-sea
boarding, an enforcement officer would need to be able to visually
inspect each pot being used by that vessel during a single boarding to
ensure that every pot was marked with the appropriate tag, that the
tags were all appropriately assigned to the vessel using them, and that
the total number of pots did not exceed the area specific limit.
Because an at-sea boarding typically occurs while a vessel is actively
fishing, the total amount of gear being used by the vessel is typically
not available to the boarding officer. At any given time, some gear may
be on the deck of the vessel while other pots are located at the bottom
of the ocean or stored on land. Other provisions implemented under GOA
Amendment 101 including the daily fishing logbook (DFL), the prior
notice of landing (PNOL), and from a Vessel Monitoring System unit
onboard the vessel remain in effect and are sufficient for enforcement
purposes. Section 4.3 of the Analysis (See ADDRESSES) provides
additional information about the management and enforcement
considerations of this proposed action.
Notary Certification
This proposed rule would remove requirements to obtain and submit a
notary certification on NMFS application forms. All application forms
submitted to NMFS would continue to include a certification attesting
to agreement with a statement that the information submitted on the
application form is true, correct, and complete. This certification is
sufficient to deter fraud and forgery, and to adequately enforce fraud
and forgery should it occur. In addition, NMFS has identified that the
requirement for notary certification is not consistently applied on all
applications forms used by NMFS, and fraud and forgery have not been
identified as significant concerns. This proposed rule would remove a
requirement that is not necessary to enforce or deter fraud and forgery
and is consistent with other application forms that NMFS administers.
This proposed rule would modify regulations applicable to the
halibut and sablefish IFQ Program, CHLAP, CQE Program, LLP, and the CR
Program. The following application forms would be revised to remove the
notary certification.
IFQ Program:
<bullet> Application for Eligibility to Receive QS/IFQ;
<bullet> Application for Transfer of QS;
<bullet> Application for Temporary Transfer of Halibut/Sablefish
Individual Fishing Quota (IFQ) (this includes: Category A IFQ transfer,
surviving beneficiary, Temporary military transfer, and IFQ transfer to
CDQ groups during year of low halibut abundance);
<bullet> Application for a Non-profit Corporation to be Designated
as a Recreational Quota Entity (RQE); and
<bullet> Application for Transfer Of Quota Share To Or From A
Recreational Quota Entity (RQE).
CQE Program:
<bullet> Application for a Non-profit Corporation to be Designated
as a Community Quota Entity (CQE); and
<bullet> Application for Transfer of Quota Share to or From A
Community Quota Entity (CQE).
CHLAP:
Application for Transfer Of Charter Halibut Permit (CHP).
LLP:
Application for Transfer License Limitation Program Groundfish/Crab
License.
Crab:
<bullet> Application for Transfer of Crab Quota Share (QS);
<bullet> Application for Transfer of Crab Processor Quota Share
(PQS);
<bullet> Application to Become An Eligible Crab Community
Organization (ECCO);
<bullet> Application for Transfer of Crab QS/IFQ to or from an
Eligible Crab Community Organization (ECCO); and
<bullet> BSAI Crab Rationalization Program Quota Share (QS)
Beneficiary Designation Form.
Proposed Changes to Regulations
This proposed rule would revise regulations at 50 CFR part 300, 50
CFR part 679, and 50 CFR part 680 to (1) to remove pot gear tag
requirements in the sablefish IFQ fishery in the GOA and (2) remove
requirements to obtain and submit a notary certification on application
forms. This section describes the proposed changes to current
regulations.
Pot Gear Tags
This proposed rule would revise Sec. Sec. 679.7(f)(18) and (19),
and 679.42(l)(2) through (l)(5), to remove regulations governing the
requirements to request and use pot gear tags when using longline pot
gear in the GOA sablefish IFQ fishery.
Notary Certification
This proposed rule would revise Sec. Sec. 300.67, 679.4, 679.41,
and 680.41 to remove requirements to obtain and submit a notary
certification on application forms submitted under the IFQ Program,
CHLAP, CQE Program, LLP, and CR Program.
This proposed rule would revise Sec. 300.67(i)(4) to remove the
requirement to obtain a notary certification on an application to
transfer a CHP.
This proposed rule would revise Sec. 679.4(k)(7)(iii) to remove
the requirement to obtain a notary certification on an application for
transfer of a groundfish or crab LLP.
This proposed rule would revise Sec. Sec. 679.41(c)(3),
679.41(l)(3)(iii)(D), 679.41(m)(3)(v), and 679.41(n)(2)(iii)(D) to
remove requirements to obtain a notary certification on the following
IFQ Program and CQE Program Application forms:
<bullet> Application for Transfer of QS;
<bullet> Application for Temporary Transfer of Halibut/Sablefish
Individual Fishing Quota (IFQ) (This includes: Category A IFQ transfer,
surviving beneficiary, Temporary military transfer, and IFQ transfer to
CDQ groups during year of low halibut abundance.);
<bullet> Application for a Non-profit Corporation to be Designated
as a Recreational Quota Entity (RQE);
<bullet> Application for Transfer Of Quota Share To Or From A
Recreational Quota Entity (RQE);
<bullet> Application for a Non-profit Corporation to be Designated
as a Community Quota Entity (CQE); and
<bullet> Application for Transfer of Quota Share to or From A
Community Quota Entity (CQE).
The application for eligibility to receive QS or IFQ requires an
applicant to obtain and submit a notary certification. This requirement
is not included in regulations and will be removed from the form.
This proposed rule would revise Sec. Sec. 680.41(c)(2)(ii)(F)(2),
680.41(i)(2), 680.41(j)(2)(i)(C), and 680.41(k)(3)(ix) to remove
requirements to obtain a notary certification on the following CR
Program application forms:
<bullet> Application for Transfer of Crab Quota Share (QS);
<bullet> Application for Transfer of Crab Processor Quota Share
(PQS);
<bullet> Application to Become An Eligible Crab Community
Organization (ECCO);
[[Page 55564]]
<bullet> Application for Transfer of Crab QS/IFQ to or from an
Eligible Crab Community Organization (ECCO); and
<bullet> Application for CR Program Eligibility to Receive QS/PQS
or IFQ/IPQ by Transfer.
The BSAI CR Program QS beneficiary designation form requires an
applicant to obtain and submit a notary certification. This requirement
is not included in regulations and will be removed from the form.
This proposed rule also corrects a typographical error in Sec.
680.41(k)(3)(ix)(B)(1) to remove the word ``transferor'' and replace it
with ``transferee'' consistent with the preceding paragraph heading.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Pursuant to MSA section 305(d), this proposed
action is necessary to carry out the BSAI FMP, the GOA FMP, and the
Crab FMP, because the aforementioned recordkeeping and reporting
requirements are no longer necessary to administer the fishery
management programs implemented under these FMPs. The NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the BSAI FMP, the GOA FMP, the Crab FMP, and other applicable law,
subject to further consideration after public comment.
Regulations governing the U.S. fisheries for halibut are developed
by the IPHC, the Pacific Fishery Management Council, the Council, and
the Secretary. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the
regional council having authority for a particular geographical area to
develop regulations governing the allocation and catch of halibut in
U.S. Convention waters, as long as those regulations do not conflict
with IPHC regulations. The proposed action is consistent with the
Council's authority to allocate halibut catches among fishery
participants in the waters in and off Alaska.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess the costs and benefits of available
regulatory alternatives. The RIR considers all quantitative and
qualitative measures. A copy of this analysis is available from NMFS
(see ADDRESSES).
Certification Under the Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This action would modify recordkeeping and reporting requirements
to remove pot gear tag requirements in the sablefish IFQ fishery in the
GOA. In addition, this action would remove requirements to obtain and
submit a notary certification on application forms and, therein, would
modify regulations applicable to the halibut and sablefish IFQ Program,
CHLAP, CQE Program, LLP, and the CR Program. Therein, this action would
directly regulate vessel operators using longline pot gear to harvest
sablefish IFQ in the GOA and other IFQ program participants, CHP
holders under the CHLAP, CQE Program participants, LLP license holders,
and participants in the CR Program.
This action is expected to reduce costs to IFQ program participants
by removing the requirement and associated administrative costs of the
pot gear tag program. This action would also reduce the time burden and
cost incurred by fishery participants to obtain a notary certification
on affected application forms. This action would benefit all affected
vessels and program participants by reducing the cost of complying with
Federal regulations implementing the affected fishery management
programs.
For these reasons, this action is not expected to have an adverse
economic impact on a substantial number of small entities. As a result,
an initial regulatory flexibility analysis is not required and none has
been prepared.
Information Collection Requirements
This proposed rule contains information collection requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). NMFS has submitted these
requirements to OMB for approval under the following control numbers:
0648-0272 (Alaska Pacific Halibut & Sablefish Fisheries: Individual
Fishing Quota (IFQ)); 0648-0334 (Alaska License Limitation Program for
Groundfish, Crab, and Scallops); 0648-0353 (Alaska Region Gear
Identification Requirements); 0648-0514 (Alaska Region Crab Permits);
0648-0575 (Alaska Pacific Halibut Fisheries: Charter); and 0648-0665
(Alaska Community Quota Entity (CQE) Program).
OMB Control Number 0648-0272
The notary certification is removed from five forms approved under
this control number. Subject to public comment, no changes are made to
the estimated reporting burdens for these applications as the estimates
allow for differences in the time needed to complete and submit the
applications. Public reporting burden per individual response is
estimated to average 200 hours for the Application for a Non-profit
Corporation to be Designated as a Recreational Quota Entity (RQE); and
2 hours each for the Application for Eligibility to Receive QS/IFQ, the
Application for Transfer of QS, the Application for Temporary Transfer
of Halibut/Sablefish Individual Fishing Quota (IFQ), and the
Application For Transfer Of Quota Share To Or From A Recreational Quota
Entity (RQE). Removing the notary certification will decrease the cost
burden of completing these forms.
OMB Control Number 0648-0334
The notary certification is removed from the Application for
Transfer License Limitation Program Groundfish/Crab License. Subject to
public comment, no changes are made to the estimated reporting burden
for this application as the estimate allows for differences in the time
needed to complete and submit the application. Public reporting burden
per individual response is estimated to average 1 hour. Removing the
notary certification will decrease the cost burden of completing this
form.
OMB Control Number 0648-0514
The notary certification is removed from five forms approved under
this control number. Subject to public comment, no changes are made to
the estimated reporting burdens for these applications as the estimates
allow for differences in the time needed to complete and submit the
applications. Public reporting burden per individual response is
estimated to average 2.5 hours for the Application to Become An
Eligible Crab Community Organization (ECCO); 2 hours each for the
Application for Transfer of Crab Quota Share (QS), Application for
Transfer of Crab Processor Quota Share (PQS), Application for Transfer
of Crab QS/IFQ to or from an Eligible Crab Community Organization
(ECCO); and 30 minutes for the BSAI Crab Rationalization Program Quota
Share (QS) Beneficiary Designation Form. Removing the notary
[[Page 55565]]
certification will decrease the cost burden of completing these forms.
OMB Control Number 0648-0575
The notary certification is removed from the Application for
Transfer Of Charter Halibut Permit (CHP). Subject to public comment, no
changes are made to the estimated reporting burden for this application
as the estimate allows for differences in the time needed to complete
and submit the application. Public reporting burden per individual
response is estimated to average 2 hours. Removing the notary
certification will decrease the cost burden of completing this form.
OMB Control Number 0648-0353
This collection is revised to remove two forms associated with pot
gear tags: (1) IFQ Sablefish Longline Pot Gear: Vessel Registration and
Request for Pot Gear Tags; and (2) IFQ Sablefish Request for
Replacement of Longline Pot Gear Tags. These forms are no longer
necessary because vessel owners participating in the longline pot gear
sablefish IFQ fishery in the GOA would no longer be required to
register their vessel or use pot gear tags. Removing these requirements
decreases the time burden and cost to participants in this fishery.
OMB Control Number 0648-0665
This rule proposes to revise and extend by three years OMB Control
Number 0648-0665. This collection contains the application used by a
non-profit entity to be designated as a CQE and contains the
applications and reports submitted by CQEs to apply for a CHP permit or
LLP license; transfer IFQ, quota share, or guided angler fish; and
report and manage their fishing activities. This collection is
necessary for NMFS to manage the CQE Program.
Due to this rule, this collection is revised to remove the notary
certification from the Application for a Non-profit Corporation to be
Designated as a Community Quota Entity (CQE) and the Application for
Transfer of Quota Share to or From A Community Quota Entity (CQE).
Subject to public comment, no changes are made to the estimated
reporting burdens for these applications as the estimates allow for
differences in the time needed to complete and submit the applications.
Removing the notary certification will decrease the cost burden of
completing these forms.
The estimated number of respondents for this collection is 94; the
estimated total annual burden hours are 1,620 hours; and the estimated
total annual cost to the public for recordkeeping and reporting costs
is $895.
Public reporting burden per individual response is estimated to
average 200 hours for the Application for Nonprofit Corporation to be
Designated as a CQE; 40 hours for the CQE Annual Report; 20 hours for
the Application for a CQE to Receive a Non-trawl Groundfish LLP
License; 2 hours each for the Application for Transfer of Quota Share
to or from a Community Quota Entity, the Application for a CQE to
Transfer IFQ to an Eligible Community Resident or Non-resident, and the
Application for Transfer (Lease) Between IFQ and Guided Angler Fish by
a Community Quota Entity (CQE); and 1 hour each for the CQE License
Limitation Program Authorization letter and the Application for
Community Charter Halibut Permit.
Public Comment
Public comment is sought regarding whether these proposed
information collection requirements are necessary for the proper
performance of the functions of NMFS, 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 (see ADDRESSES), or to the Office of Information and
Regulatory Affairs (OIRA) by visiting <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information collection by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with, a collection of information subject to the
requirement of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at <a href="https://www.reginfo.gov/public/do/PRASearch">https://www.reginfo.gov/public/do/PRASearch</a>.
List of Subjects
50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 680
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: September 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 300, 679, and
680 are proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read as
follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.67, remove the phrase ``notarized and'' from the first
sentence in paragraph (i)(4).
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. 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; Pub. L. 111-281.
0
4. In Sec. 679.4, remove the phrase ``notarized and'' from the first
sentence in paragraph (k)(7)(iii).
0
5. In Sec. 679.7, remove and reserve paragraphs (f)(18)(ii), and
(f)(19)
0
6. In Sec. 679.41, remove the word ``notarized'' from paragraph
(c)(3), remove paragraph (m)(3)(vi), and revise paragraphs
(l)(3)(iii)(D), and (n)(2)(iii)(D) to read as follows:
Sec. 679.41 Transfer of quota shares and IFQ.
* * * * *
(l) * * *
(3) * * *
(iii) * * *
(D) The name of the non-profit organization, taxpayer ID number,
NMFS person number, permanent business mailing addresses, name of
contact persons and additional contact information of the managing
personnel for the non-profit entity, resumes of management personnel,
name of community or communities represented by the CQE, name of
contact for the governing body of each community
[[Page 55566]]
represented, date, name and signature of applicant.
* * * * *
(n) * * *
(2) * * *
(iii) * * *
(D) The name of the non-profit organization, taxpayer ID number,
NMFS person number, permanent business mailing addresses, name of
contact persons and additional contact information of the managing
personnel for the non-profit entity, resumes of management personnel,
name and signature of applicant; and
* * * * *
0
7. In Sec. 679.42, remove and reserve paragraphs (l)(2)(i), (ii),
(l)(3), and (l)(4), and revise paragraph (l)(5)(iv) to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(l) * * *
(5) * * *
(iv) Longline pot gear used on multiple vessels. Longline pot gear
assigned to one vessel and deployed to fish IFQ sablefish in the GOA
must be removed from the fishing grounds, and returned to port before
being deployed by another vessel to fish IFQ sablefish in the GOA.
* * * * *
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
0
8. 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.
0
9. In Sec. 680.41, remove and reserve paragraphs (c)(2)(ii)(F)(2),
(j)(2)(i)(C)(2), (k)(3)(ix)(A)(2), (B)(2), and (C)(2), remove the
phrase ``original notarized'' from paragraphs (i)(2), remove the word
``notarized'' from paragraph (j)(2)(i)(C), remove the word
``transferor'' and replace it with ``transferee'' in paragraph
(k)(3)(ix)(B)(1), and revise paragraph (k)(3)(ix) heading to read as
follows:
Sec. 680.41 Transfer of QS, PQS, IFQ and IPQ.
* * * * *
(k) * * *
(3) * * *
(ix) Certification information--
* * * * *
[FR Doc. 2021-21721 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-22-P
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