[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Proposed Rules]
[Pages 18116-18120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9907]
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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 676
[Docket No. 960401095-6095-01; I.D. 032596A]
RIN 0648-AH61
Groundfish of the Gulf of Alaska; Limited Access Management of
Federal Fisheries In and Off of Alaska; Improve IFQ Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule to amend portions of the
regulations implementing the Individual Fishing Quota (IFQ) Program for
the Pacific halibut and sablefish fixed gear fisheries in and off of
Alaska. This proposed rule also would eliminate a prohibition
pertaining to IFQ sablefish in the regulations governing the groundfish
fisheries in the Gulf of Alaska (GOA). After the first year of the IFQ
Program's operation, the North Pacific Fishery Management Council
(Council) and NMFS recognize aspects of the program that need further
refinement. This action is necessary to make those refinements and is
intended to improve the ability of NMFS to manage the Pacific halibut
and sablefish fixed gear fisheries.
DATES: Comments must be received by May 24, 1996.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668; Attn: Lori J. Gravel, or deliver to Room 453, 709 W. 9th
Street, Juneau, AK.
FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Regulations codified at 50 CFR part 676 implement the IFQ Program,
a limited access system for management of the Pacific halibut
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear
fisheries in and off of Alaska, under the authority of the Northern
Pacific Halibut Act with respect to halibut and the Magnuson Fishery
Conservation and Management Act with respect to sablefish. Further
information on the rationale for and implementation of the IFQ Program
is contained in the preamble to the final rule implementing that
program published in the Federal Register, November 9, 1993 (58 FR
59375), and in the preambles to subsequent rules amending those
regulations.
This action would amend various portions of the regulations
implementing the IFQ Program and eliminate a prohibition in the GOA
groundfish regulations that pertains to IFQ sablefish. These changes
are intended to improve the ability of fishermen to conduct fishing
operations under the IFQ Program, to refine NMFS' ability to administer
the program effectively, and to make the program more responsive to
conservation and management goals for Pacific halibut and sablefish
fisheries.
Elimination of the 72-hour ``Fair Start'' Provision
Section 672.7(k) would be repealed to eliminate the prohibition
against deploying fixed gear during the 72-hour period preceding the
opening of fixed gear sablefish fishing seasons. Currently, fishermen
with hook-and-line gear legally deployed in other GOA fisheries during
the 72-hour period immediately before the opening of sablefish seasons
are prohibited from participating in those seasons. Under open access,
this prohibition was designed to prevent such fishermen from gaining an
advantage over fishermen who could not legally deploy hook-and-line
gear until the opening of the sablefish season. The regulation, written
in conformity with a similar restriction in the Pacific halibut fishery
regulations (50 CFR part 301), was necessary under an open access
system to ensure that all fishermen in fixed gear sablefish fisheries
would have equitable opportunities for harvest during extremely brief
fishing seasons. NMFS has determined that this prohibition is no longer
necessary. Under the IFQ Program, which lengthened GOA fixed gear
sablefish seasons, the race for fish and the preemption of grounds are
no longer problems. The regulation at Sec. 672.7(k) would therefore be
removed.
Revision of the Owner-aboard Restriction
Section 676.13(f)(1) would be revised to allow fishermen to leave
their vessels during the time between their arrival in port and the
beginning of landing operations. Current IFQ regulations require IFQ
holders to be aboard vessels used to harvest IFQ fish during all
fishing operations. The Council intended this requirement to ensure
that the catcher vessel fleet remain primarily an owner-operator fleet
and that the IFQ Program not profoundly change the socio-economic
character of the fixed gear fishing fleet or the coastal Alaskan
communities where this fleet is based. To this end, Sec. 676.13(f)(1)
requires IFQ holders to remain onboard vessels containing IFQ harvest
until all IFQ species have been offloaded. A provision at
Sec. 676.22(d) permits waiving of the owner-aboard restriction in the
event of extreme personal emergency.
While continuing to require that IFQ holders be aboard during
harvest and landing of IFQ fish, except as allowed by the emergency
waiver provision, the Council recognizes that less urgent occasions may
oblige an IFQ holder to leave his or her vessel while in port but
before offloading of IFQ fish has commenced. Section 676.14(b)(1)
allows IFQ landings only between the hours of 0600 and 1800, Alaska
local time (A.l.t.). A fisherman who arrives in port after 1800 hours
(hrs), A.l.t., must remain on his or her vessel overnight until IFQ
landings may commence the following day. Such inconveniences are not
necessary to preserve the intent of the Council.
[[Page 18117]]
Accordingly, the Council requested that NMFS remove the
restriction. This action would amend regulations at
Sec. 676.13(f)(1) to relieve the restriction that IFQ fishermen
remain aboard in the interim between arriving in port and unloading IFQ
harvests.
Delivery of IFQ Halibut Bycatch by Salmon Fishermen
Exceptions to two landing requirements at Sec. 676.14 are proposed
to encourage salmon fishermen with halibut IFQ to land incidental
catches of halibut. A provision would be added at Sec. 676.14(a) to
relieve salmon trollers of the IFQ Program's 6-hour prior notice of
landing requirement for the purpose of delivering small amounts of IFQ
halibut bycatch concurrently with legal salmon landings. Salmon troll
fishermen who possess sufficient halibut IFQ are required to keep
halibut bycatch. Under current regulations, such fishermen are
prohibited from unloading IFQ species along with salmon harvests unless
they have given NMFS the 6-hour prior notice of landing required of all
IFQ landings.
Salmon troll fishermen have requested some relief from the prior-
notice reporting requirement to manage small amounts of halibut bycatch
taken incidental to salmon harvests. No prior notice of landing is
required for salmon landings, and the fishermen wishing to unload
salmon but who had not provided sufficient prior notice cannot offload
IFQ halibut bycatch at the same time.
Also, a provision would be added at Sec. 676.14(b) to relieve
salmon fishermen of the restriction that IFQ landings be made between
the hours of 0600 and 1800, A.l.t., only. This 12-hour landing window
and the 6-hour prior notice requirement are integral aspects of the IFQ
Program, providing NMFS with means by which to ensure compliance with
program regulations. Nevertheless, NMFS recognizes that these
requirements may contribute to the illegal discard of IFQ halibut
bycatch in the salmon fishery. Therefore, NMFS would exempt fishermen
from the 6-hour prior notice requirement and the 12-hour landing window
for the sole purpose of landing 500 lb (0.227 metric tons (mt)) or less
of IFQ halibut bycatch concurrently with legal salmon landings. IFQ
landing reports for such landings would still be required as currently
prescribed. NMFS reasons that 500 lbs (0.227 mt) is large enough to
cover halibut bycatches in the salmon troll fishery but not so large as
to jeopardize the effective monitoring of IFQ landings.
Revision of Shipment Report Requirement
This action would revise Sec. 676.14(c)(2) to modify IFQ Shipment
Report requirements. The IFQ Program contains a number of enforcement
checks designed to discourage and detect illegal transactions and
marketing of IFQ harvests. By requiring that a Shipment Report
accompany the transportation of IFQ species beyond the landing point,
NMFS has the ability to detect the shipment or marketing of IFQ species
illegally harvested or landed. Current regulations at Sec. 676.14(c)(1)
require a Shipment Report to be submitted to NMFS before a shipment
commences. Regulations at Sec. 676.14(c)(2) further require that a
Shipment Report or a bill of lading containing the same information
accompany a shipment of IFQ fish to all points of sale within Alaska
and to the first point of sale outside of Alaska. After the first year
of the IFQ Program's operation, NMFS believes the current requirement
to be unnecessary to monitor and enforce the IFQ Program effectively.
The proposed regulation would modify the current regulation to require
that the Shipment Report be filled out prior to shipment and submitted
to NMFS within 1 week after the date on which the shipment occurred.
The proposed regulation also would require that the Shipment Report or
a bill of lading accompany a shipment of IFQ species to the first
destination beyond the landing point only. These changes would relieve
a reporting requirement on shipments of IFQ fish by allowing Shipment
Reports to be submitted up to 1 week after the shipment occurred. In
addition, a registered buyer would be relieved of the requirement to
produce multiple copies of the Shipment Report.
Revision of Transshipment Requirements
Section 676.14(e) would be revised to clarify requirements
governing transshipment of IFQ species. The current regulation may be
misinterpreted to mean that 24-hour prior notice of a transshipment is
sufficient to ``authorize'' a transshipment. Authorization of
transshipments allows NMFS the opportunity to monitor the movement of
IFQ harvests and thus ensure compliance with program regulations.
Unless such requests are approved by NMFS 24 hours in advance and
apprise NMFS of the specific location where a transshipment would
occur, the enforcement rationale underlying the requirement would be
lost. The proposed amendment would specify that authorization from a
clearing officer to transship IFQ species must itself be obtained by
the prospective transshipper 24 hours before the proposed transshipment
could occur. The amendment would further require that the request for
authorization specify the date and location of the proposed
transshipment.
Tagged Halibut and Sablefish
A new section would be added to part 676 to allow tagged halibut
and sablefish to be landed without being debited to a person's IFQ
halibut or IFQ sablefish quota. The International Pacific Halibut
Commission (IPHC) has requested that IFQ regulations be amended to
encourage the landing of tagged halibut in support of the IPHC's
biological research on halibut. The recapture of tagged fish yields
important scientific data on growth and migration. The IPHC is
concerned that such data could be lost if the landing and reporting of
tagged halibut would place a fisherman in violation of IFQ regulations.
Accordingly, NMFS would add to IFQ regulations a provision that tagged
halibut landed pursuant to Sec. 301.18 of Pacific Halibut Fisheries
Regulations not be counted against an IFQ holder's annual Pacific
halibut quota. This provision would also apply to the capture of tagged
sablefish to promote NMFS' fisheries research.
Elimination of Certified Mail Requirements
Sections 676.20(f)(3) and 676.21(c)(3) would be amended to
eliminate certified mail requirements. The regulations implementing the
IFQ Program require NMFS to send IFQ permits and notification of
eligibility for quota share (QS) transfer by certified mail. The
purpose of this requirement was to ensure timely receipt of such
permits and notices. In practice, this requirement has been
ineffective, since certified mail ensures timely delivery but not
timely receipt; a substantial number of certified mailings remained
uncollected in post office boxes, thus defeating the purpose of the
requirements and providing no substantial benefit to participants in
the program. To make the IFQ Program more cost-effective, NMFS would
eliminate certified mail requirements but retain the right to use
certified mailings on a discretionary basis.
Revisions to the Transfer Process
The transfer process for QS and IFQ would be revised to address two
issues identified by NMFS and the fishing industry during the first
year of fishing
[[Page 18118]]
under the IFQ Program. First, the provision for leasing QS at
Sec. 676.21(g) would be revised to allow leasing of IFQ under the same
conditions. Under the current regulations, persons are prohibited from
leasing more than 10 percent of their QS assigned to vessel categories
B, C, or D. The Council intended to allow all persons holding QS
assigned to vessel categories B, C, or D to lease up to 10 percent of
that QS for a period of 3 years. This intent was partially thwarted by
Amendment 31 to the Fishery Management Plan for the Groundfish Fishery
of the Bering Sea and Aleutian Islands Area and Amendment 35 to the
Fishery Management Plan for Groundfish of the Gulf of Alaska, more
commonly known as the Modified Block Provision to the IFQ Program. The
Modified Block Provision prohibited the transfer of any QS block except
as an undivided whole. Because leasing is considered a transfer of QS,
this prevented a person from leasing blocked QS, unless the blocked QS
to be leased was less than or equal to 10 percent of the QS held by
that person for an IFQ species in an IFQ regulatory area. NMFS
determined that allowing the lease of IFQ separate from QS would
restore the full benefit of the Council's intent. This would allow a
person to transfer up to 10 percent of their annual allocation of IFQ
for an IFQ species in an IFQ regulatory area, whether the QS from which
the IFQ was derived is blocked or unblocked, because only QS, and not
IFQ, is blocked. Regulations at Sec. 676.21(a), (f)(1), and (f)(2) also
would be revised to reflect this change.
Second, new paragraphs Sec. 676.21(i)(1) and (2) would be added to
provide for the transfer of all QS and IFQ to the surviving spouse of a
deceased individual holder of QS or IFQ by right of survivorship,
unless contrary intent was expressed by the deceased holder of QS or
IFQ in a probated will. This provision also would allow the surviving
spouse, first, to transfer any current year's IFQ for the duration of
the allocation year and, second, to transfer annual allocations of IFQ
resulting from the total QS transferred by right of survivorship for 3
calendar years from the date of the death of the deceased holder of QS
or IFQ. The transfer of QS and IFQ to the surviving spouse is proposed
in response to requests to NMFS from the industry and is consistent
with the Council's intent for the IFQ program as evidenced by the FMP
sections cited above. This action also would benefit surviving spouses
who were not initially issued QS or who are not IFQ crew members
because without meeting those criteria the surviving spouse would not
be eligible to harvest IFQ species. The new provision would allow a
surviving spouse to transfer the total IFQ resulting from QS for a
period of 3 years and thereby obtain pecuniary benefit from the QS for
that period. NMFS determined that 3 years would provide the surviving
spouse with adequate time to resolve permanently any issues that may
arise due to receiving QS or IFQ by right of survivorship, including
subsequent transfers. An Application for Transfer of QS or IFQ to the
surviving spouse would be approved by the Director, Alaska Region,
NMFS, when sufficient evidence, such as a death certificate, has been
provided to verify the death of the holder of QS or IFQ. If the
deceased provided for distribution of the QS or IFQ in a will that is
probated, then the QS or IFQ would be transferred under the provisions
for transfer as a result of court order or operation of law set out in
Sec. 676.21(e) and other transfer provisions of Sec. 676.21.
Classification
This proposed rule would not require the collection of information
not already approved by the Office of Management and Budget (OMB). The
collection of information originally authorized for the IFQ Program
included in the request for transshipment authorization information
regarding the primary port location of the proposed transshipment. The
requirement that transshipments take place in primary ports only was
subsequently removed from regulations implementing the IFQ Program.
However, the information required remains accounted for and approved by
OMB (OMB control number 0648-0272) regarding IFQs for Pacific halibut
and sablefish. This proposed action simply reinstates the requirement
that requests for transshipment authorization include notice of the
location of the proposed transshipment, although that location no
longer need be a primary port. The estimated response time for the
transshipment notice is 6 minutes. The proposed action also restates
existing requirements for prior notices of landing, shipment reports,
and applications for transfer of IFQs, all also approved under OMB
control number 0648-0272. The respective estimated response times for
these requirements are 12 minutes, 12 minutes, and 2 hours. No
additional burden is required of the public for information not already
projected for IFQ recordkeeping and reporting requirements.
Notwithstanding any other provision of law, no person is required to
respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number.
This 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 changes contained in this action would: (1) Relax
restrictions and eliminate prohibitions that have proven unnecessary
during the IFQ Program's first year of operation that would provide
fishermen greater freedom to conduct operations in a manner more
personally and economically convenient; (2) reduce NMFS' administrative
costs by eliminating the certified mail requirements of the IFQ Program
that would make administration of the IFQ Program more cost-effective,
with no reduction of services and at no expense to IFQ Program
participants or related businesses; (3) clarify a reporting requirement
that may be ambiguous by simply reinstating the requirement that
requests for authorization include notice of the location, although
that location no longer need be a primary port; and (4) provide
additional benefits to IFQ cardholders and their families by revising
the transfer process to allow QS and IFQ to be used by spouses of
deceased IFQ cardholders and allow IFQ to be transferred similarly to
QS. This action comprises regulatory and administrative adjustments
meant to improve the IFQ Program's benefits to fishermen and remove
inhibitions on the ability of small businesses to compete within the
IFQ Program. None of these changes would impose any additional cost or
burden on small entities participating in or affected by the IFQ
Program, nor would these changes require any additional effort or
information from IFQ fishermen. As a result, a regulatory flexibility
analysis was not prepared.
List of Subjects
50 CFR Part 672
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 676
Alaska, Fisheries, Reporting and recordkeeping requirements.
[[Page 18119]]
Dated: April 17, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 676
are proposed to be amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.7, paragraph (k) is removed and reserved.
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
OF ALASKA
3. The authority citation for part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
4. In Sec. 676.13, paragraph (f)(1) is revised to read as follows:
Sec. 676.13 Permits.
* * * * *
(f) Inspection. (1) A legible copy of any IFQ permit issued under
this section must be carried on board the vessel used by the permitted
person to harvest IFQ halibut or IFQ sablefish at all times that such
fish are retained on board. Except as specified in Sec. 676.22(d), an
individual that is issued an IFQ card must remain aboard the vessel
used to harvest IFQ halibut or IFQ sablefish with that card during all
fishing operations until arrival at the point of landing and during all
IFQ landings. The IFQ cardholder must present a copy of the IFQ permit
and the original IFQ card for inspection on request of any authorized
officer, clearing officer, or registered buyer purchasing IFQ species.
Nothing in this paragraph would prevent an individual that is issued an
IFQ card from being absent from the vessel used to harvest IFQ halibut
or IFQ sablefish between the time the vessel arrives at the point of
landing until the commencement of landing.
* * * * *
5. In Sec. 676.14, paragraphs (a), (b)(1), (c), and (e) are revised
to read as follows:
Sec. 676.14 Recordkeeping and reporting.
* * * * *
(a) Prior notice of landing. Except as provided in paragraph (a)(2)
of this section, the operator of any vessel making an IFQ landing must
notify the Alaska Region, NMFS, no later than 6 hours before landing
IFQ halibut or IFQ sablefish, unless permission to commence an IFQ
landing within 6 hours of notification is granted by a clearing
officer.
(1) Prior notice of landings required by this section must be made
to the toll-free telephone number specified on the IFQ permit between
the hours of 0600 and 2400, Alaska local time. The notification must
include the name and location of the registered buyer(s) to whom the
IFQ halibut or IFQ sablefish will be landed, the vessel identification,
the estimated weight of the IFQ halibut or IFQ sablefish that will be
landed and the identification number(s) of the IFQ card(s) that will be
used to land the IFQ halibut or IFQ sablefish, and the anticipated date
and time of landing.
(2) The operator of a category ``B,'' ``C,'' or ``D'' vessel, as
defined at Sec. 676.20(a)(2), making an IFQ landing of IFQ halibut of
500 lb (0.227 mt) or less of weight determined pursuant to
Sec. 676.22(c)(3)(ii) and concurrent with a legal landing of salmon is
exempt from the prior notice of landing required by this section.
(b) * * *
(1) IFQ landings may commence only between the hours of 0600 and
1800 Alaska local time unless:
(i) Permission to land at a different time is granted in advance by
a clearing officer; or
(ii) IFQ halibut of 500 lb (0.227 mt) or less of weight determined
pursuant to Sec. 676.22(c)(3)(ii) is landed concurrently with a legal
landing of salmon by a category ``B,'' ``C,'' or ``D'' vessel, as
defined at Sec. 676.20(a)(2).
* * * * *
(c) Shipment Report. All registered buyers, other than those
conducting dockside sales, must report their shipments or transfers of
IFQ halibut and IFQ sablefish. A Shipment Report must be submitted for
any shipment or transfer of IFQ halibut or IFQ sablefish to any
location other than the location of the IFQ landing. Shipment Reports
must specify the species and product type being shipped, the number of
shipping units, fish product weight, the name of the shipper and
receiver, the name and address of the consignee and consignor, the mode
of transportation, and the intended route.
(1) A registered buyer must complete a Shipment Report for each
shipment or transfer from that registered buyer within 12 hours of its
commencement and ensure that the Shipment Report is submitted to, and
received by, the Alaska Region, NMFS, within 7 days of the date
shipment or transfer commenced.
(2) A registered buyer must ensure that a copy of the Shipment
Report or a bill of lading that contains the same information
accompanies the shipment to its first destination.
(3) A registered buyer must submit a revised Shipment Report if any
information on the original Shipment Report changes prior to the first
destination of the shipment. A revised Shipment Report must be clearly
labeled ``Revised Shipment Report,'' and must be received by the Alaska
Region, NMFS, within 7 days of the change.
* * * * *
(e) Transshipment. No person may transship processed IFQ halibut or
IFQ sablefish between vessels without authorization by a clearing
officer. Authorization from a clearing officer must be obtained for
each instance of transshipment at least 24 hours before the
transshipment is intended to commence. Requests for authorization must
specify the date and location of the transshipment.
* * * * *
6. Section 676.19 is added to Subpart B to read as follows:
Sec. 676.19 Tagged halibut and sablefish.
(a) Nothing contained in this part shall prohibit any person at any
time from retaining and landing a Pacific halibut or sablefish that
bears at the time of capture a research tag from any state, Federal, or
international agency, provided that the halibut or sablefish is:
(1) A Pacific halibut landed pursuant to 50 CFR 301.18; or
(2) A sablefish landed in accordance with the Tagged Groundfish
Research Program.
(b) Tagged halibut or sablefish landed pursuant to paragraphs
(a)(1) and (a)(2) of this section shall not be calculated as part of an
individual's IFQ harvest or be debited against an individual's halibut
or sablefish IFQ.
7. In Sec. 676.20, paragraph (f)(3) is revised to read as follows:
Sec. 676.20 Individual allocations.
* * * * *
(f) * * *
(3) The Regional Director shall issue to each QS holder, pursuant
to Sec. 676.13, an IFQ permit accompanied by a statement specifying the
maximum amount of halibut and sablefish that may be harvested with
fixed gear in a specified IFQ regulatory area and vessel category as of
January 31 of that year. Such IFQ permits will be mailed to each QS
holder at the address on record for that person after the beginning of
each fishing year but prior to the start of the annual IFQ fishing
season.
* * * * *
[[Page 18120]]
8. In Sec. 676.21, paragraphs (a), (c)(3), (f)(1), (f)(2), and (g)
are revised, and paragraph (i) is added to read as follows:
Sec. 676.21 Transfer of QS and IFQ.
* * * * *
(a) Transfer procedure. An Application for Transfer of QS/IFQ
(Application for Transfer) must be approved by the Regional Director
before a person may use IFQ to harvest IFQ halibut or IFQ sablefish,
whether the IFQ was the result of a direct transfer or the result of a
QS transfer. An Application for Transfer will not be approved until the
Regional Director has reviewed and approved the transfer agreement
signed by the parties to the transaction. The Regional Director shall
provide an Application for Transfer form to any person on request.
Persons who submit an Application for Transfer to the Regional Director
for approval will receive notification of the Regional Director's
decision to approve or disapprove the Application for Transfer, and, if
applicable, the reason(s) for disapproval, by mail posted on the date
of that decision, unless another communication mode is requested on the
Application for Transfer. QS or IFQ accounts affected by an approved
Application for Transfer will change on the date of approval. New QS
certificates and IFQ permits, as necessary, will be sent with the
notice of the Regional Director's decision.
* * * * *
(c) * * *
(3) Applicants will be notified by mail of the Regional Director's
approval of an application for eligibility.
* * * * *
(f) Transfer restrictions. (1) Except as provided in paragraph (e)
or paragraph (f)(2) of this section, only persons who are IFQ crew
members or who were initially issued QS assigned to vessel categories
B, C, or D, and meet the other requirements in this section, may
receive by transfer QS assigned to vessel categories B, C, or D, or the
IFQ resulting from it.
(2) Except as provided in paragraph (f)(3) of this section, only
persons who are IFQ crew members, and meet the other requirements in
this section, may receive by transfer QS assigned to vessel categories
B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for
halibut or in the IFQ regulatory area east of 140 deg. W. long. for
sablefish.
* * * * *
(g) Transfer of IFQ. (1) Pursuant to paragraph (a) of this section,
an Application for Transfer must be approved by the Regional Director
before a person may use any IFQ that results from a direct transfer to
harvest halibut or sablefish. After approving the Application for
Transfer, the Regional Director will change any IFQ accounts affected
by the approved transfer and issue all necessary IFQ permits.
(2) (Applicable until January 2, 1998). A person may transfer no
more than 10 percent of the total IFQ resulting from QS held by that
person and assigned to vessel categories B, C, or D for any IFQ species
in any IFQ regulatory area to one or more persons for any fishing year.
* * * * *
(i) Transfer to the surviving spouse. (1) On the death of an
individual who holds QS or IFQ, the surviving spouse receives all QS
and IFQ held by the decedent by right of survivorship unless a contrary
intent was expressed by the decedent in a will which is probated. The
Regional Director will approve an Application for Transfer to the
surviving spouse when sufficient evidence has been provided to verify
the death of the individual.
(2) The Regional Director will approve, for 3 calendar years
following the date of death of an individual, an Application for
Transfer of IFQ from the surviving spouse to a person eligible to
receive IFQ under the provisions of this section, notwithstanding the
limitations on transfers of IFQ in paragraph (g)(2) of this section.
[FR Doc. 96-9907 Filed 4-23-96; 8:45 am]
BILLING CODE 3510-22-F
