[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Rules and Regulations]
[Pages 38100-38105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13710]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 200610-0157]
RIN 0648-BJ88
Fisheries of the Exclusive Economic Zone Off Alaska; IFQ Program;
Modify Temporary Transfer Provisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; emergency action; request for comments.
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SUMMARY: NMFS issues an emergency rule to modify the temporary transfer
provision of the Individual Fishing Quota (IFQ) Program for the fixed-
gear commercial Pacific halibut and sablefish fisheries for the 2020
IFQ fishing year. This emergency rule is intended to provide
flexibility to quota share (QS) holders in 2020 while preserving the
long-standing objective of maintaining an owner-operated IFQ fishery in
future years. This emergency rule would not modify other provisions of
the IFQ Program. This emergency rule is intended to promote the goals
and objectives of the IFQ Program, the Magnuson-Stevens Fishery
Conservation and Management Act, the Northern Pacific Halibut Act of
1982, and other applicable laws.
DATES: Effective June 25, 2020 through December 22, 2020.
ADDRESSES: Electronic copies of the Regulatory Impact Review (referred
to as the ``Analysis'') and the Categorical
[[Page 38101]]
Exclusion prepared for this emergency rule may be obtained from http://www.regulations.gov or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
emergency rule may be submitted to NMFS at the above address; by email
to [email protected]; or by fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The North Pacific Fishery Management Council (Council) developed
the IFQ Program for the commercial Pacific halibut (halibut) and
sablefish fisheries. The IFQ Program for the sablefish fishery is
implemented by the Bering Sea and Aleutian Islands (BSAI) Fishery
Management Plan (FMP) and Federal regulations at 50 CFR part 679 under
the authority of section 303(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The IFQ Program
for the halibut fishery is implemented by Federal regulations at 50 CFR
part 679 under the authority of section 5 of the Northern Pacific
Halibut Act of 1982 (Halibut Act).
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut through regulations established under the
authority of the Halibut Act. The IPHC promulgates regulations
governing the halibut fishery under the Convention between the United
States and Canada for the Preservation of the Halibut Fishery of the
Northern Pacific Ocean and Bering Sea (Convention). The IPHC's
regulations are subject to approval by the Secretary of State with the
concurrence of the Secretary of Commerce (Secretary). NMFS publishes
the IPHC's regulations as annual management measures pursuant to 50 CFR
300.62.
Section 5 of the Halibut Act, 16 U.S.C. 773c(a) and (b), provides
the Secretary with general responsibility to carry out the Convention
and the Halibut Act. Section 5(c) of the Halibut Act also provides the
Council with authority to develop regulations, including limited access
regulations, that are in addition to, and not in conflict with,
approved IPHC regulations. Regulations developed by the Council may be
implemented by NMFS only after approval by the Secretary.
Background
Government health mandates and travel restrictions during the 2020
IFQ season (March 14, 2020-November 15, 2020) may limit the ability of
some fishery participants to travel to various ports in Alaska, and may
constrain fishing operations while these provisions are in place.
Existing regulatory limitations on the transfer of IFQ constrains the
transfer of allocations to other fishery participants.
On April 7, 2020, NMFS received a request to consider emergency
action under section 305(c) of the Magnuson-Stevens Act to revise the
IFQ transfer provisions to provide greater flexibility to transfer IFQ
to alleviate constraints imposed by ongoing health mandates and travel
restrictions. On April 16, 2020, NMFS notified the Council of the
request to provide an opportunity for the Council to consider the
request. The Council held a special meeting on May 15, 2020, to
consider this request, among other matters. The Council recommended
that NMFS implement an emergency rule to provide greater flexibility to
transfer IFQ.
The following sections describe the IFQ Program, the existing IFQ
transfer provisions, and the emergency rule and justification for
emergency action.
The IFQ Program
The IFQ Program for the management of the fixed gear (hook-and-line
and pot gear) halibut and sablefish fisheries off Alaska was
implemented by NMFS in 1995 (58 FR 59375; November 9, 1993). A central
objective of the IFQ Program is to support the social and economic
character of the fisheries and the coastal fishing communities where
many of these fisheries are based.
Under the IFQ Program, access to the fixed gear sablefish and
halibut fisheries is limited to those persons holding quota share (QS).
NMFS issued separate QS for sablefish and halibut to qualified
applicants based on their historical participation during a set of
qualifying years in the sablefish and halibut fisheries. QS is an
exclusive, revocable privilege that allows the holder to harvest a
specific percentage of either the total allowable catch (TAC) in the
sablefish fishery or the annual commercial catch limit in the halibut
fishery. In addition to being specific to sablefish or halibut, QS is
designated for specific geographic areas of harvest, a specific vessel
operation type (catcher vessel (CV) or catcher/processor), and for a
specific range of vessel sizes that may be used to harvest the
sablefish or halibut (vessel category). There are four vessel
categories of halibut QS: Category A shares are designated for catcher/
processors, vessels that process their catch at sea (i.e., freezer
longline vessels), and do not have a vessel length restriction;
Category B shares are designated to be fished on CVs greater than 60
feet length overall (LOA); Category C shares are designated to be
fished on CVs greater than 35 feet but less than or equal to 60 feet
LOA; and Category D shares are designated to be fished on CVs less than
or equal to 35 feet LOA.
NMFS annually issues IFQ permits to each QS holder. An annual IFQ
permit authorizes the permit holder to harvest a specified amount of
the IFQ species in a regulatory area from a specific operation type and
vessel category. IFQ is expressed in pounds and is based on the amount
of QS held in relation to the total QS pool for each regulatory area
with an assigned catch limit.
Another goal of the IFQ Program is to promote an owner-operator
fleet. To meet these goals, the IFQ Program includes restrictions on
the ability of QS holders to transfer their annual IFQ. The Council and
NMFS recognized that at the time the IFQ Program was implemented, some
QS holders had long-standing business arrangements with hired masters
who harvested IFQ on behalf of the QS holder. Therefore, the IFQ
Program authorizes the use of hired masters in certain instances. Since
the implementation of the IFQ Program, the Council has recommended and
NMFS has approved further regulatory amendments to limit the ability of
QS holders to designate a hired master to discourage absentee ownership
and move towards an owner-operated program.
Halibut and sablefish are managed in separate geographic areas of
harvest. The sablefish IFQ regulatory areas are defined and shown in
Figure 14 to 50 CFR part 679 and in section 3 of the Analysis. The
halibut IFQ areas are consistent with the IPHC's regulatory areas.
NMFS's IFQ regulatory areas are described in Figure 15 to 50 CFR part
679. This proposed rule uses the term ``Area'' to refer to a specific
IFQ regulatory area (e.g., Area 2C).
Temporary IFQ Transfer Provisions
The Council developed transfer restrictions to retain the owner-
operator nature of the CV fisheries and limit consolidation of QS. Only
persons who were originally issued CV QS (B and C for sablefish; B, C,
and D for halibut) or who qualified as crew members are allowed to hold
or purchase CV QS. Only individuals and initial recipients are eligible
to hold CV QS and they are required to be on the vessel when the
[[Page 38102]]
IFQ is being fished (with a few exceptions). Since 1998, transfers of
CV IFQ has generally been prohibited except under a few specific
conditions. Temporary transfers of CV IFQ are allowed under six special
circumstances: (1) Medical transfers, (2) beneficiary (survivorship)
transfers, (3) military transfers, (4) transfers through Community
Quota Entities, (5) transfers to Guided Angler Fish program, and (6)
transfers to Community Development Quota groups in years of low halibut
abundance. IFQ permits, and any associated transfers, are valid for a
calendar fishing year.
Medical Transfer Provision
The IFQ Program includes a temporary medical transfer provision at
50 CFR 679.42(d)(2) that allows a quota holder not otherwise qualified
to hire a master to temporarily transfer their annual IFQ to another
individual if the quota holder or their immediate family member have a
temporary medical condition that prevents them from fishing. The
provision is intended to provide a mechanism for QS holders who are
experiencing a temporary medical condition that would prevent them from
fishing during a season to transfer their annual IFQ to another
individual.
An applicant for a temporary medical transfer must document his or
her medical condition by submitting an affidavit to NMFS from a
healthcare provider that describes the medical condition affecting the
applicant and attests to the inability of the applicant to participate
in the IFQ fishery for which she or he holds QS. In the case of a
family member's medical emergency, the affidavit must describe the
necessity for the quota holder to tend to an immediate family member
who suffers from the medical condition. The Council recommended and
NMFS has implemented regulations that limit the number of instances
that QS holders may use the provision for any medical condition. NMFS
will not approve a medical transfer if the QS holder has been granted a
medical transfer in any three of the previous seven years for a medical
condition (starting in 2020).
Hired Master Provision
Initial recipients (excluding Areas 2C for halibut or SE for
sablefish--these Areas correspond to Southeast Alaska) of CV QS may be
absent from the vessel conducting IFQ fishing of his or her QS,
provided the QS holder can demonstrate ownership of the vessel that
harvests the IFQ halibut or sablefish (a minimum of at least 20 percent
ownership interest in the vessel harvesting the IFQ for the 12 months
prior to submitting the hired master application) and representation of
the QS holder on the vessel by a hired master. This exception allows
fishermen who traditionally operated their fishing businesses using
hired masters prior to the IFQ Program implementation to continue to
hire a master. By limiting the hired master provision to initial
recipients, the use of this owner-on-board exception will decline and
eventually cease with the transfer of all QS from initial recipients to
new entrants (``second generation'').
The use of a hired master is not classified as a transfer of IFQ
since the QS holder does not submit a transfer application and is
responsible for the hired master staying within the harvest limits.
While not technically a transfer, use of a hired master provides the
flexibility of a transfer in that it allows an individual's IFQ to be
harvested by another person without requiring the QS holder to directly
participate in the fisheries.
Under existing regulations, individuals who can hire a master to
fish their IFQ are not eligible to use the medical transfer provision.
Those who can typically hire a master include initial recipients in all
areas except for Southeast Alaska. Both initial recipients of Southeast
Alaska halibut and sablefish QS and second generation QS holders are
eligible to use the medical transfer provision. QS holders who own QS
in multiple areas would make landings in different parts of the State
to fish their QS. Many QS holders live outside of Alaska and travel
into the State of Alaska to fish their IFQ.
The Emergency Rule and Justification for Emergency Action
This emergency rule implements temporary IFQ transfer provisions
for the 2020 IFQ fishing year by revising regulations in two places.
First, this emergency rule revises regulations at Sec. 679.41(h)(2) to
modify the conditions under which IFQ may be transferred by referring
to a new regulatory paragraph at Sec. 679.41(p). Second, the emergency
rule adds a new regulatory paragraph at Sec. 679.41(p) which describes
the process for obtaining a temporary IFQ transfer for the 2020 IFQ
fishing year.
The temporary IFQ transfer process described at Sec. 679.41(p) is
separate and distinct from the process that may be used to transfer IFQ
under the hired master and medical transfer provisions previously
described, or any other IFQ transfer provisions in existing
regulations. Any temporary IFQ transfer under Sec. 679.41(p) would be
applicable only during the 2020 IFQ fishing year. This action allows
all QS holders to transfer their IFQ for the remainder of the 2020
fishing year.
QS holders wishing to transfer their IFQ under this emergency rule
need to complete an Application for Temporary Transfer of Halibut/
Sablefish Individual Fishing Quota found on https://www.fisheries.noaa.gov/region/alaska. A temporary IFQ transfer, like
this emergency action, is valid only for the calendar year in which it
is approved. All individual QS holders who hold CV IFQ would be
eligible to use this temporary provision.
Although the temporary IFQ transfer provision described in Sec.
679.41(p) is distinct from other IFQ transfer provisions in regulation,
the process for QS holders to apply for a transfer, the NMFS review and
approval process, are similar to those used for other IFQ transfer
procedures in Sec. 679.41.
Section 305(c) of the Magnuson-Stevens Act provides authority for
rulemaking to address an emergency. Under that section, a Council may
recommend emergency rulemaking if it finds an emergency exists as
described below. NMFS's Policy Guidelines for the Use of Emergency
Rules require that an emergency must exist and that NMFS have an
administrative record justifying emergency regulatory action and
demonstrating compliance with the Magnuson-Stevens Act and the National
Standards (see NMFS Instruction 01-101-07 (March 31, 2008) and 62 FR
44421-01; August 21, 1997). Emergency rulemaking is intended for
circumstances that are ``extremely urgent,'' where ``substantial harm
to or disruption of the . . . fishery . . . would be caused in the time
it would take to follow standard rulemaking procedures (62 FR 44421-
01).''
Under NMFS' Policy Guidelines for the Use of Emergency Rules, the
phrase ``an emergency exists involving any fishery'' is defined as a
situation that meets the following three criteria:
(1) Results from recent, unforeseen events or recently discovered
circumstances;
(2) Presents serious conservation or management problems in the
fishery; and
(3) Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rule making
process.
The following sections describe why the Council and NMFS determined
that allowing transfer flexibility to all IFQ Program participants for
the remainder
[[Page 38103]]
of the 2020 IFQ fishing year meets these criteria.
Criterion 1--Recent, Unforeseen Events or Recently Discovered
Circumstances
Government health mandates and travel restrictions during the 2020
IFQ fishing year (March 14, 2020-November 15, 2020) may limit the
ability of some fishery participants to travel to various ports in
Alaska, and may constrain fishing operations while these provisions are
in place. Fishery participants have stated that these measures have
increased costs to QS holders who live outside of Alaska because
meeting these requirements could result in up to 30-40 days of
additional time needed to harvest IFQ. In addition to increased costs,
reports of ex-vessel prices for halibut and sablefish have decreased
substantially in many Alaskan ports due to recent and unforeseen market
conditions (see Section 3 of the Analysis). State health mandates and
travel restrictions have limited the ability to access fishing ports in
a timely and cost-efficient manner and these restrictions were recent
and unforeseen during the 2020 IFQ fishing year.
It is not known if health mandates and travel restrictions
currently in place by the State of Alaska, municipalities, or other
states will remain in effect throughout the duration of the 2020 IFQ
fishing year. Even if these health mandates and travel restrictions are
relieved, fishery participants may not be able to conduct fishing
operations due to limited air travel to many Alaskan ports.
Alternatively, health mandates and travel restrictions could be
strengthened during the 2020 IFQ fishing year.
As noted earlier, existing hired master and medical transfer
provisions are only available under specific conditions (i.e., an
individual may not be able to receive a medical transfer unless a
health care provider attests that their medical condition precludes
their participating in IFQ fisheries). Due to these limitations, and
the recent and unforeseen limitations on the IFQ fisheries, an
emergency action is required to provide all IFQ holders with the
ability to transfer IFQ. Sections 3.2 and 3.3 of the Analysis provides
additional detail on the hired master and medical transfer provisions.
Criterion 2--Presents Serious Conservation or Management Problems in
the Fishery
Ongoing health mandates and travel restrictions present serious
management problems in the IFQ fisheries. If there is not additional
flexibility to transfer IFQ, some fishery participants may forego
harvesting catch due to the additional costs and logistical challenges
to comply with existing health mandates and travel restrictions.
If harvesters forego catch, this could result in the under-harvest
of IFQ accounts. Under existing IFQ regulations, harvesters may ``roll
over'' up to 10 percent of an IFQ permit's remaining balance to the
following year (Sec. 679.40 (c)). However, anyone unable to harvest at
least 90 percent of their allocation of IFQ would be at risk of
foregoing harvests. Based on the harvest information in Section 3 of
the Analysis, it is clear that halibut and sablefish are being
harvested at substantially lower rates than in previous years. For
example, during the first two months of the IFQ season (March 14-May
7), 54 percent less halibut was harvested, and 11 percent less
sablefish was harvested than over the same period in 2019.
Given current harvest rates, ongoing health mandates, travel
restrictions and other related logistical challenges facing the IFQ
fisheries, additional flexibility in IFQ transfer provisions would
increase the ability for harvesters to harvest, and processors to
process a larger proportion of the overall TACs. This would directly
address a serious management concern, the under harvest of allocations
due to recent, unforeseen, and recently discovered events.
NMFS notes that this emergency action would not cause conservation
concern by increasing the risk of overharvest of IFQ. The requested
emergency action would not increase the halibut catch limits or the
sablefish TACs. The total amount of IFQ issued would not increase. This
emergency rule would not modify existing requirements on the types of
vessels and gear that could be used, monitoring requirements, record
keeping regulations, or other aspects of the IFQ Program.
Criterion 3--Can Be Addressed Through Emergency Rulemaking for Which
the Immediate Benefits Outweigh the Value of Notice and Comment
Rulemaking
NMFS and the Council have determined that the emergency situation
created by ongoing health mandates, travel restrictions, and other
related logistical challenges faced by the IFQ fisheries can be best
addressed by emergency regulations. As explained earlier, not all QS
holders are able to use existing regulatory provisions to transfer IFQ.
Providing for a temporary transfer of IFQ for all CV QS holders for the
2020 IFQ fishing year would not create conservation or management
concerns and is consistent with the overall goals of the IFQ Program--
namely, to provide for the complete and efficient harvest of the
halibut and sablefish resource (see Section 5 of the Analysis for
additional detail).
To address the emergency, NMFS must implement an emergency rule
that waives the notice-and-comment rulemaking period. The benefits of
waiving notice-and-comment rulemaking will serve the industry and
public by allowing for additional harvest of halibut and sablefish by
IFQ participants. Any delay in implementing rulemaking will reduce
opportunities to harvest halibut and sablefish. Section 4.2 of the
Analysis describes the potential additional harvest opportunities for
the IFQ participants in greater detail.
Without immediate implementation, the IFQ Program participants will
not have sufficient time and ability to prosecute these fisheries as
intended. The halibut and sablefish IFQ fisheries are harvested from
numerous ports from hundreds of vessels that must be coordinated with
other harvesting and processing activities. Increasing the flexibility
for harvesters to transfer IFQ expeditiously will provide additional
opportunity for halibut and sablefish to be harvested before the end of
the IFQ fishing year. Otherwise, fishing time for some harvesters would
be extremely limited or unavailable for the duration of the 2020 IFQ
fishing year. For example, absent the waiver, harvesters with IFQ may
not be able to travel to fishing ports under current or future health
mandates, travel restrictions, or limited air travel with sufficient
time to coordinate with other harvesters and processors. Vessel owners
need time to secure crew, which may shift into other groundfish
fisheries, non-groundfish fisheries or other activities if they are
unable to secure adequate IFQ to support their fishing operations. In
addition, vessel owners need sufficient lead time to revise fishing
plans, restock vessels, change gear, and have the vessel travel to and
from the fishing grounds to prosecute the IFQ fisheries.
This emergency action would not impose additional restrictions on
the IFQ halibut and sablefish fisheries, but would alleviate
limitations thereon. This emergency rule would not increase the amount
of available harvests, increase any risk of overharvest, or otherwise
modify conservation measures. This emergency rule is needed to allow
for the complete and efficient harvest of the IFQ fisheries and to
temporarily alleviate unforeseen economic and social consequences due
to the recent and unforeseen limitations
[[Page 38104]]
on the IFQ fisheries detailed in this preamble.
The emergency action considerations discussed herein also warrant
instituting these IFQ transfer measures in the halibut fisheries under
the Halibut Act. The Halibut Act authorizes the Council to develop
limited access program regulations for the halibut fisheries that, in
another step, must then be approved by the Secretary. As discussed
further below, emergency-based halibut fishery regulations that waive
prior notice and comment and a 30-day delay in effectiveness period
must be consistent with the requirements of the Administrative
Procedure Act (APA).
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this emergency rule is consistent with the National Standards,
other provisions of the Magnuson-Stevens Fishery Conservation and
Management Act, the Halibut Act, and other applicable laws.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
This final rule is not an Executive Order 13771 regulatory action
because this rule is not significant under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) of the APA to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest. This emergency rule would provide
flexibility for QS holders to temporarily transfer their IFQ to an
eligible individual to harvest their IFQ during the remainder of the
2020 IFQ fishing year. This emergency rule would apply only to CV QS
that is held by individuals. This emergency rule would not modify any
additional restrictions on IFQ transfers. This rule is in response to
recent and unforeseen circumstances that have prompted increased
restrictions in travel and health mandates. These restrictions present
serious problems in managing the IFQ Program. Without the increased
flexibility to temporarily transfer IFQ, it is likely that a
significant portion of the harvest will be forgone. The associated loss
in harvesting and processing revenues would likely impact the
harvesters, crew, and communities that are active in the IFQ Program.
As explained earlier, after receiving a letter from industry
participants on April 7, 2020, the Council and NMFS became aware of how
restrictions may impact IFQ participants for the remainder of the 2020
IFQ fishing year. The Council and NMFS had no way of foreseeing the
impact on fishery operations.
Finally, the time required for notice-and-comment rulemaking would
not provide relief from the forgone harvests because it would not
provide sufficient time before the end of the 2020 IFQ fishing year.
The 2020 IFQ fishing year closes in November and there is not enough
time to follow the standard rulemaking process prescribed by the
Magnuson-Stevens Act and required by the APA. NMFS has no other way
than this emergency rule to amend these IFQ transfer provisions in time
to restore forgone fishing opportunities for 2020. Allowing for access
to the remaining halibut and sablefish IFQ for the rest of 2020 will
provide immediate economic benefits that outweigh the value of the
deliberative notice-and-comment rulemaking process.
Similarly, for the reasons above that support the need to implement
this emergency rule in a timely manner, the Assistant Administrator for
Fisheries finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness provision of the APA and make the emergency rule
effective immediately upon publication in the Federal Register. As
stated above, NMFS anticipates that this emergency rule will allow for
harvest of the remaining IFQ and should prevent prolonged economic
losses from the potential forgone harvests.
The Analysis prepared for this emergency rule is available from
NMFS (see ADDRESSES).
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is not subject to the requirement to
provide prior notice and opportunity for public comment pursuant to 5
U.S.C. 553 or any other law. Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
Collection-of-Information Requirements
This emergency rule contains a collection-of-information
requirement subject to review and approval by the OMB under the
Paperwork Reduction Act (PRA). NMFS has submitted an emergency
information request for this requirement to OMB for approval under a
new control number. Due to the need to begin collecting this
information immediately, NMFS is unable to allow for the time periods
normally required for clearance under the PRA. This new collection will
be discontinued after the 2020 IFQ fishing season, which ends November
15, 2020.
This information collection adds a checkbox to the Application for
Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ),
which is approved under OMB Control Number 0648-0272. The checkbox will
indicate the application is being submitted for a temporary transfer
for the 2020 fishing year only. The public reporting burden for this
form will remain at two hours, which includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
NMFS estimates up to 40 percent of the QS holders may request this
temporary transfer. The new collection will cover the additional QS
holders that NMFS estimates may use this form to request this temporary
transfer. This will result in an estimated 1,100 respondents, 550 total
responses, 1,110 total burden hours, and $12,100 total recordkeeping
and reporting costs to the public for the new collection.
Send comments on these or any other aspects of the collection of
information to NMFS Alaska Region (see ADDRESSES) and to OIRA by email
to [email protected] or by fax to (202) 395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to 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: https://www.reginfo.gov/public/do/PRASearch#.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: June 22, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR 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.
[[Page 38105]]
0
2. In 679.41, revise paragraph (h)(2) and add paragraph (p) to read as
follows:
Sec. 679.41 Transfer of quota shares and IFQ.
* * * * *
(h) * * *
(2) IFQ resulting from categories B, C, or D QS may not be
transferred separately from its originating QS, except as provided in
paragraphs (d), (f), (k), (l), (m), (o), or (p) of this section.
* * * * *
(p) Temporary IFQ transfer for 2020. During the 2020 IFQ fishing
year only, the Regional Administrator may approve a temporary transfer
for IFQ derived from categories B, C, or D QS.
(1) A QS holder may apply for a temporary transfer by submitting an
Application for Temporary Transfer of Halibut/Sablefish Individual
Fishing Quota to the Alaska Region, NMFS. NMFS will transfer, upon
approval of the application, the applicable IFQ from the applicant
(transferor) to the recipient (transferee). The application is
available at http://alaskafisheries.noaa.gov or by calling 1-800-304-
4846.
(2) [Reserved]
[FR Doc. 2020-13710 Filed 6-24-20; 8:45 am]
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