97-29382. Fisheries in the Exclusive Economic Zone Off Alaska; Modify IFQ Survivorship Transfer Provisions  

  • [Federal Register Volume 62, Number 215 (Thursday, November 6, 1997)]
    [Proposed Rules]
    [Pages 60060-60061]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-29382]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration (NOAA)
    
    50 CFR Part 679
    
    [Docket No. 971015247-7247-01; I.D. 091597D]
    RIN 0648-AK19
    
    
    Fisheries in the Exclusive Economic Zone Off Alaska; Modify IFQ 
    Survivorship Transfer Provisions
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Proposed rule.
    
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    SUMMARY: NMFS proposes a regulatory amendment to the Individual Fishing 
    Quota (IFQ) Program for fixed gear Pacific halibut and sablefish 
    fisheries in and off of Alaska. This action would modify the 
    survivorship transfer provisions to allow heirs of deceased quota share 
    (QS) or IFQ holders to receive such QS or IFQ by transfer and to 
    transfer the resulting IFQs to any person eligible to receive IFQ for 
    up to 3 years following the date of a QS holder's death. This action is 
    necessary to extend survivorship privileges to other heirs in addition 
    to surviving spouses and to allow such heirs to obtain pecuniary 
    benefit from such IFQ. The intended effect of this action is to provide 
    temporary financial relief for the heirs of QS holders.
    
    DATES: Comments on the proposed rule and Regulatory Impact Review (RIR) 
    must be received December 8, 1997.
    
    ADDRESSES: Comments must be sent to the Chief, Fisheries Management 
    Division, Alaska Region, NMFS, Room 453, 709 West 9th Street, Juneau, 
    AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J. 
    Gravel.
    
    FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The fixed gear halibut and sablefish fisheries are managed by the 
    IFQ Program, a limited access system for fixed gear Pacific halibut 
    (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fisheries 
    in and off of Alaska. Under authority of the Magnuson-Stevens Fishery 
    Conservation and Management Act and the Northern Pacific Halibut Act of 
    1982 (Halibut Act), NMFS implemented the IFQ Program in 1995, on the 
    recommendation of the North Pacific Fishery Management Council 
    (Council), to reduce excessive fishing capacity in the fixed gear 
    Pacific halibut and sablefish fisheries, while maintaining the social 
    and economic character of these fisheries and the Alaskan coastal 
    communities where many of these fishermen are based.
        Restrictions in the IFQ Program foster the transfer of QS among 
    fishermen qualified to fish the annual allocations of IFQ that QS 
    generate. These restrictions are intended to discourage excessive 
    consolidation and the acquisition of QS by investment speculators. 
    Persons who are not qualified to receive IFQ may receive QS by 
    transfer, but such QS would be restricted from generating IFQ that may 
    be used to harvest IFQ halibut or sablefish.
        The Council's approved IFQ Program authorizes temporary exceptions 
    to the transfer restrictions. In 1996, on the authority of the transfer 
    provisions in the Fishery Management Plan for the Gulf of Alaska 
    Groundfish Fishery and the Fishery Management Plan for the Bering Sea/
    Aleutian Islands Groundfish, NMFS implemented an exception to the 
    transfer restrictions that grants temporary transfer privileges to the 
    spouse of a deceased QS holder who receives QS by right of 
    survivorship, but is otherwise unqualified to harvest IFQ (61 FR 41523, 
    August 9, 1996). The exception allows the surviving spouse who receives 
    QS or IFQ, first, to transfer any of the current year's IFQ for the 
    duration of the allocation year and, second, to lease the total annual 
    allocations of IFQ resulting from the QS transferred by right of 
    survivorship for 3 calendar years from the date of the death of the 
    deceased holder of QS or IFQ (Sec. 679.41(k)(2)).
        In October 1996, the IFQ Industry Implementation Team recommended a 
    proposal to extend the survivorship transfer provisions to heirs in a 
    deceased QS holder's immediate family, in addition to a surviving 
    spouse. In June 1997, the Council took final action to extend the 
    survivorship transfer provisions to any individual who receives QS by 
    right of survivorship.
        This action would benefit heirs who were not initially issued QS or 
    who are not IFQ crew members. Without meeting those criteria, 
    individuals who receive QS by right of survivorship would be otherwise 
    ineligible to receive IFQ. The new provision would allow an individual 
    who receives QS by right of survivorship to transfer, for up to 3 
    years, the total IFQ resulting from that QS to anyone eligible to 
    receive IFQ and thereby obtain pecuniary benefit from the QS for that 
    period. The Council determined that 3 years would provide an heir with 
    adequate time to resolve permanently any issues that may arise due to 
    receiving QS or IFQ by right of survivorship, including subsequent 
    transfers. Upon the death of a QS or IFQ holder, the Regional 
    Administrator, upon application for transfer, would transfer QS or IFQ 
    to an individual who demonstrates a right of succession to such QS or 
    IFQ, through intestate or testate succession. The Regional 
    Administrator, upon application for transfer, would transfer, for up to 
    3 calendar years following the date of death of an individual QS 
    holder, IFQ from an individual who received the originating QS through 
    intestate or testate succession to any person eligible to receive IFQ.
        This action would also correct an error in the survivorship 
    transfer regulations that resulted from the consolidation of 
    regulations governing the EEZ off Alaska in 61 FR 31228 (June 19, 
    1997). In the consolidation of the regulations, the reference to 
    paragraph (g)(2) in Sec. 679.41(k) should have been revised to read 
    (h)(2). This action would make the necessary revision to correct the 
    oversight.
    
    [[Page 60061]]
    
    Classification
    
        This proposed rule contains a collection-of-information requirement 
    subject to the Paperwork Reduction Act, clarifying a requirement that 
    has previously been approved by OMB under Control Number 0648-0272. The 
    proposed clarification states that a death certificate is one of the 
    forms of substantiating evidence required upon the death of a quota 
    share holder in order to transfer that quota share to an estate. The 
    estimated response time for providing the substantiating evidence is 1 
    hour per response, including the time for reviewing instructions, 
    searching existing data sources, gathering and maintaining the data 
    needed, and completing and reviewing the collection of information.
        Comments are invited on: (a) Whether the proposed collection of 
    information is necessary for the proper performance of the functions of 
    the agency, including whether the information shall have practical 
    utility; (b) the accuracy of the agency's estimate of the burden of the 
    proposed collection of information; (c) ways to enhance the quality, 
    utility, and clarity of the information to be collected; and (d) ways 
    to minimize the burden of the collection of information on respondents, 
    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), and to OMB at the Office of Information and Regulatory 
    Affairs, Office of Management and Budget, Washington, DC 20503 (Attn: 
    NOAA Desk Officer).
        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.
        The proposed rule has been determined to be not significant for 
    purposes of E.O. 12866.
        The Assistant General Counsel for Legislation and 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:
    
        The proposed change constitutes a minor regulatory amendment 
    needed to extend the survivorship transfer provision (currently 
    applicable to surviving spouses only) to heirs generally of a 
    deceased quota share (QS) holder. This action would allow heirs who 
    receive QS of Individual Fishing Quota (IFQ) by right of 
    survivorship to transfer IFQ resulting from the inherited QS for 3 
    years from the date of the deceased QS holder's death, 
    notwithstanding the IFQ Program's restrictions on transfers of IFQ.
        This rule could potentially affect any small entity able to fish 
    IFQ in the Alaska fisheries. Currently, 4,187 persons are eligible 
    to fish IFQ in Alaska. Most of these are believed to be small 
    entities. In addition, this rule could affect heirs of deceased QS 
    holders. It is not possible to predict the extent to which such 
    heirs might be considered small entities. Likewise, it is impossible 
    to quantify the economic impact this proposed rule could have on 
    small entities, because the impacts are speculative and depend on a 
    variety of factors including the death of one or more current QS 
    holders and the decision by one or more heirs to lease IFQ. However, 
    to the extent that the proposed rule could impact small entities, 
    the impact would be beneficial in that the result would be increased 
    opportunity for leasing IFQ shares. Eligible fishermen who wanted to 
    fish more shares would have increased opportunity to lease more 
    shares, and heirs who otherwise would not be eligible to fish the 
    IFQ would be able to recognize economic gain.
    
        As a result, a regulatory flexibility analysis was not prepared.
    
    List of Subjects in 50 CFR Part 679
    
        Alaska, Fisheries, Reporting and recordkeeping requirements.
    
        Dated: October 31, 1997.
    David L. Evans,
    Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
        For the reasons set out in the preamble, 50 CFR Part 679 is 
    proposed to be amended as follows:
    
    PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC zONE OFF ALASKA
    
        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., and 3631 et seq.
    
        2. In Sec. 679.41, paragraph (k) is revised to read as follows:
    
    
    Sec. 679.41  Transfer of QS and IFQ
    
    * * * * *
        (k) Transfer to an heir.
        (1) Upon the death of a QS or IFQ holder, the Regional 
    Administrator, upon application for transfer, will transfer QS or IFQ 
    to an individual who demonstrates a right of succession to such QS or 
    IFQ, through intestate or testate succession.
        (2) The Regional Administrator, upon application for transfer, will 
    transfer, for up to 3 calendar years following the date of death of an 
    individual QS holder, IFQ from an individual who received the 
    originating QS through intestate or testate succession to a person 
    eligible to receive IFQ under the provisions of this section, 
    notwithstanding the limitations on the transfer of IFQ in paragraph 
    (h)(2) of this section.
    * * * * *
    [FR Doc. 97-29382 Filed 11-3-97; 2:24 pm]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Published:
11/06/1997
Department:
Commerce Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-29382
Dates:
Comments on the proposed rule and Regulatory Impact Review (RIR) must be received December 8, 1997.
Pages:
60060-60061 (2 pages)
Docket Numbers:
Docket No. 971015247-7247-01, I.D. 091597D
RINs:
0648-AK19: Regulatory Amendment To Revise "Surviving Spouse" Language
RIN Links:
https://www.federalregister.gov/regulations/0648-AK19/regulatory-amendment-to-revise-surviving-spouse-language
PDF File:
97-29382.pdf
CFR: (1)
50 CFR 679.41