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Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Proposed Rules]
[Page 63299-63316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-36]
[[pp. 63299-63316]]
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
[[Continued from page 63298]]
[[Page 63299]]
eligible to hold IFQ. This is calculated by allocating 90 percent of
the IFQ TAC (TAC a) to Class A IFQ. A portion of the IFQ TAC a is
allocated to persons eligible to hold only Class A IFQ (TAC a only),
the remaining IFQ TAC (TAC r) is allocated for harvest by a person (p)
eligible to receive both Class A IFQ and Class B IFQ. Expressed
algebraically, for an individual person (p) eligible to hold both Class
A and Class B IFQ the annual allocation formula is as follows:
(A) TACa = IFQ TAC x 0.90
(B) TACr = TACa - TACa only
(C) IFQap = TACr / (IFQ TAC - TACa
only) x IFQp
(D) IFQbp = IFQp - IFQap
(6) CVC IFQ. (i) QS that is initially allocated to the CVC QS
sector shall yield CVC IFQ.
(ii) After July 1, 2008, CVC IFQ will be assigned as CVC Class A
and CVC Class B IFQ under the provisions established in paragraph
(h)(5)(ii) of this section.
(7) CPO IFQ. (i) QS that is initially allocated to the CPO QS
sector shall yield CPO IFQ.
(ii) CPO IFQ is not subject to regional designation.
(8) CPC IFQ. (i) QS that is initially allocated to the CPC QS
sector shall yield CPC IFQ.
(ii) CPC IFQ is not subject to regional designation.
(9) QS amounts for IFQ calculation. For purposes of calculating
IFQs for any crab fishing year, the amount of a person's QS and the
amount of the QS pool for any crab QS fishery will be the amounts on
record with the Alaska Region, NMFS, at the time of calculation.
(i) Annual allocation of IPQ. IPQ is assigned based on the
underlying PQS. The Regional Administrator shall assign crab IPQs to
each person who submits a complete Annual Application for Crab IFQ/IPQ
Permit as described under Sec. 680.4. Each assigned IPQ will be
specific to a crab QS fishery with the appropriate regional
designation. This amount will represent the maximum amount of crab that
may be received from the specified crab QS fishery by the person to
whom it is assigned during the specified crab fishing year, unless the
IPQ assignment is changed by the Regional Administrator because of an
approved transfer or unless revoked, suspended, or modified under 15
CFR part 904.
(j) Calculation of annual IPQ allocation--(1) General. The annual
allocation of TAC to PQS and the resulting IPQ in any crab QS fishery
(f) is the Class A IFQ TAC (TAC a). A person's annual IPQ is based on
the amount of PQS held by a person (PQS p) divided by the PQS pool for
that crab QS fishery for all PQS holders (PQS pool f). Expressed
algebraically, the annual IPQ allocation formula is as follows:
IPQpf = TACaf x PQSpf/PQS
poolf.
(2) PQS amounts for IPQ calculation. For purposes of calculating
IPQs for any crab fishing year, the amount of a person's PQS and the
amount of the PQS pool for any crab PQS fishery will be the amounts on
record with the Alaska Region, NMFS, at the time of calculation.
(k) Timing for Issuance of IFQ or IPQ. IFQ and IPQ will be issued
once the TAC for that crab QS fishery in that crab fishing year has
been specified by the State of Alaska. All IFQ and IPQ for all persons
will be issued once for a crab fishing year for a crab QS fishery. QS
issued after NMFS has issued annual IFQ for a crab QS fishery for a
crab fishing year will not result in IFQ for that crab QS fishery for
that crab fishing year.
(l) Harvesting and processing privilege. QS and PQS allocated or
permits issued pursuant to this part do not represent either an
absolute right to the resource or any interest that is subject to the
``takings'' provision of the Fifth Amendment of the U.S. Constitution.
Rather, such QS, PQS, or permits represent only a processing privilege
that may be revoked or amended pursuant to the Magnuson-Stevens
Act and other applicable law.
(m) Contract terms for community right of first refusal (ROFR). The
contract for ROFR required for the Application for Crab QS or PQS under
paragraph (f)(2) of this section must include the following terms:
(1) The ROFR will apply to transfers of:
(i) PQS, and
(ii) IPQ, if more than 20 percent of the IPQ resulting from PQS
held by that person that is derived from legal processing that occurred
in that ECC is used outside of that ECC in a crab fishing year.
(2) Any proposed sale of PQS to another person, and any associated
IPQ or other goods and appurtenances attached to that sale, must be
provided to the ECC entity under the exact same terms and agreements
for the exercise of ROFR.
(3) If a PQS holder legally uses IPQ outside of the ECC for which
those IPQ are designated, than that use of IPQ is exempt from ROFR. If
such IPQ is used outside the ECC by the PQS holder for a period of
three consecutive crab fishing years, than those PQS and IPQ are
forever exempt from ROFR. This provision only applies if the PQS holder
holds the IPQ and uses that IPQ during the three crab fishing year
period without transfer or lease to another holder.
(4) If PQS is transferred and the IPQ derived from that PQS is used
to process crab within the ECC for which that PQS is designated, ROFR
cannot be exercised by the ECC entity while that PQS is used in that
ECC. A use of crab in the ECC will exist if the purchaser of the PQS
designated for that ECC contracts with the ECC entity to:
(i) Use at least 80 percent of the annual IPQ allocation in the
ECC; or
(ii) Grant the community a ROFR on the PQS subject to the same
terms and conditions required of the holder of the initial allocation
of the PQS.
(5) All terms of any ROFR and contract entered into related to the
ROFR will be enforced through civil contract law.
(6) An ECC entity can waive any ROFR. Written proof of any waivers
of ROFR must be provided with any proposed transfer of PQS designated
for an ECC under Sec. 680.41(j) of this part.
(7) The right of first refusal may be exercised by the ECC entity
by providing the PQS holder within 60 days of receipt of a copy of the
proposed contract for transfer of PQS:
(i) Notice of the intent to exercise ROFR, and
(ii) Earnest money in the amount of 10 percent of the contract
amount or $500,000 whichever is less.
(8) The ECC entity must perform all of the terms of the contract
for the transfer of PQS within the longer of:
(i) One hundred and twenty days of receipt of the contract, or
(ii) In the time specified in the contract.
(9) Except as provided for at Sec. 680.41(j)(5), ROFR applies only
to the ECC within which the legal processing that gave rise to the PQS
occurred. If the ECC entity chooses not to exercise ROFR on the
transfer of PQS, that PQS will no longer be subject to ROFR
(10) Any due diligence review conducted related to the exercise of
a ROFR will be undertaken by a third party bound by a confidentiality
agreement that protects any proprietary information from being released
or made public.
Sec. 680.41 Transfer of QS and IFQ.
(a) General. (1) Transfer of crab QS, PQS, IFQ, or IPQ means any
transaction, approved by NMFS, requiring QS or PQS, or the use thereof
in the form of IFQ or IPQ, to pass from one person to another,
permanently or for a fixed period of time, except that:
[[Page 63300]]
(2) A Crab IFQ Hired Master Permit issued by NMFS in the name of a
vessel master employed by a person is not a transfer of crab QS or IFQ;
(3) The use of IFQ assigned to a crab harvesting cooperative and
used within that cooperative is not a transfer of IFQ.
(b) Transfer procedure. (1) A person must establish eligibility to
receive QS, PQS, IFQ, or IPQ by transfer.
(2) A person must submit a complete a transfer application that is
subsequently approved by the Regional Administrator.
(i) Eligibility Applications. Applications under this paragraph are
required to establish eligibility to receive QS, PQS, IFQ, or IPQ by
transfer. If a person is an initial issuee of QS an eligibility
application is not required to receive QS, PQS, IFQ or IPQ by transfer.
If a person is an initial issuee of PQS an eligibility application is
not required to receive PQS or IPQ by transfer.
(A) Application for Eligibility to Receive QS/IFQ and PQS/IPQ by
Transfer. This application is required to establish a person's
eligibility to receive QS, PQS, IFQ, or IPQ by transfer, if the person
is not an ECCO.
(B) Application to Become an ECCO. This application is required to
establish a person's eligibility to receive QS, PQS, IFQ, or IPQ by
transfer, if the person is an ECCO.
(ii) Transfer applications. An application is required to transfer
any amount of QS, PQS, IFQ, or IPQ. Any transfer application will not
be approved until the necessary eligibility application in paragraph
(b)(1)(i) of this section has been submitted and approved by NMFS:
(A) Application for Transfer of Crab QS/IFQ or PQS/IPQ. This
application is required to transfer any amount of QS, PQS, IFQ, or IPQ
from an entity that is not an ECCO or a crab harvesting cooperative;
(B) Application for Transfer of Crab QS/IFQ to or from an ECCO.
This application is required to transfer any amount of QS or IFQ to or
from an entity that is an ECCO.
(C) Application for Inter-cooperative Transfer. This
application is required to transfer any amount of IFQ from an entity
that is a crab harvesting cooperative to another crab harvesting
cooperative.
(c) Eligibility to receive QS, PQS, IFQ, or IPQ by transfer. (1)
Any person may apply to receive PQS or IPQ by transfer.
(i) To be eligible to receive QS, PQS, IFQ, or IPQ by transfer, a
person must first meet the requirements specified in the following table:
------------------------------------------------------------------------
Eligibility
Quota Type Eligible Person Requirements
------------------------------------------------------------------------
(A) PQS Any person None.
------------------------------------------------------------------------
(B) IPQ Any person None.
------------------------------------------------------------------------
(C) CVO or CPO QS (1) A person No other
initially issued eligibility
QS requirements.
------------------------------------
(2) An individual who is a U.S.
citizen with at
least 150 days
of sea time as
part of a
harvesting crew
in any U.S.
commercial
fishery.
------------------------------------
(3) A with at least on
corporation, individual
partnership, or member who is a
other entity U.S. citizen
and who:
(i) owns at
least 20
percent of the
corporation,
partnership, or
other entity;
and
(ii) has at
least 150 days
of sea time as
part of a
harvesting crew
in any U.S.
commercial
fishery.
------------------------------------
(4) An ECCO that meets the
eligibility
requirements
described under
paragraphs
(c)(3) and
(c)(4) of this
section.
------------------------------------
(5) A CDQ Group no other
eligibility
requirements.
------------------------------------------------------------------------
(D) CVO or CPO IFQ (1) All persons according to the
eligible for CVO requirements in
or CPO QS paragraph
(c)(1)(i)(C)(5)
of this
section.
------------------------------------
(2) A crab that meets the
harvesting eligibility
cooperative requirements
under Sec.
680.21.
------------------------------------------------------------------------
(E) CVC or CPC QS (1) An individual no other
initially issued eligibility
QS requirements.
------------------------------------
(2) An individual who is a U.S.
citizen with:
(i) at least 150
days of sea
time as part of
a harvesting
crew in any
U.S. commercial
fishery; and
(ii) recent
participation
in the 365 days
prior to the
transfer.
------------------------------------------------------------------------
(F) CVC or CPC IFQ (1) All eligible according to the
persons for CVC requirements in
or CPC QS paragraph
(c)(1)(i)(E) of
this section.
------------------------------------
(2) A crab that meets the
harvesting eligibility
cooperative requirements
under Sec.
680.21.
------------------------------------------------------------------------
------------------------------------------------------------------------
(2) Application for Eligibility to Receive QS/IFQ and PQS/IPQ by
Transfer. (i) Unless a person received crab QS by initial issuance, all
persons, except non-profits seeking to become an ECCO, applying
to receive QS, PQS, IFQ or IPQ must submit an Application for
Eligibility to Receive QS/IFQ or PQS/IPQ by Transfer, containing accurate
[[Page 63301]]
information, to the Regional Administrator. The Regional Administrator
shall provide an Application for Eligibility to Receive QS/IFQ or PQS/
IPQ by Transfer to any person on request.
(ii) Contents. A completed Application for Eligibility to Receive
QS/IFQ or PQS/IPQ by Transfer must include the following:
(A) Type of QS, IFQ, PQS, or IPQ for which the applicant is seeking
eligibility. Indicate type of QS, IFQ, PQS, IPQ for which applicant is
seeking eligibility.
(1) If seeking CVO or CPO QS/IFQ, complete paragraphs (c)(2)(i)(B),
(c)(2)(ii)(D) if applicable, (c)(2)(ii)(E), and (c)(2)(ii)(F) of this
section;
(2) If seeking CVC or CPC QS/IFQ, complete paragraphs (c)(2)(i)(B),
(c)(2)(ii)(C), (c)(2)(ii)(E), and (c)(2)(ii)(F) of this section;
(3) If seeking PQS/IPQ, complete paragraphs (c)(3)(iii)(B) and
(c)(2)(iii)(F) of this section;
(B) Applicant information. (1) Name and NMFS Person ID, date of
birth, and social security number or tax ID number;
(2) Permanent business mailing address, business telephone number,
business facsimile number, and e-mail address (if available) of
the applicant. A temporary business mailing address may be provided in
addition to the permanent business mailing address.
(3) Indicate (YES or NO) whether the applicant is a U.S. citizen or
U.S. corporation, partnership or other business entity. Applicants for
CVO, CPO, CVC or CPC QS (and associated IFQ) must be U.S. Citizens or
U.S. Corporations, Partnerships or Other Business Entity. Applicants
for PQS (and associated IPQ) are not required to be U.S. Citizens.
(C) Eligibility for CVC or CPC shares. Indicate (YES or NO) whether
this transfer eligibility certificate (TEC) is intended for a person
who wishes to buy CVC or CPC QS/IFQ. If YES, provide evidence of at
least one delivery of a crab species in any crab QS fishery in the 365
days prior to submission of this form. Acceptable evidence of such
delivery shall be limited to an ADF&G fish ticket imprinted with
applicant's State of Alaska permit card and signed by the applicant, an
affidavit from the vessel owner, or a signed receipt for an IFQ crab
landing on which applicant was acting as the permit holder's crab IFQ
hired master.
(D) U.S. Corporations, partnerships, or business entities. (1)
Indicate (YES or NO) whether this application is submitted by a CDQ
Group. If YES, complete paragraph (c)(2)(ii)(F) of this section;
(2) Indicate (YES or NO) whether this application is submitted on
behalf of a corporation, partnership or other business entity (not
including CDQ groups). If YES:
(i) At least one member of the corporation, partnership or other
business entity that is applying to receive this TEC must provide
evidence of at least 150 days as part of a harvesting crew in any U.S.
commercial fishery. Identify the individual owner that meets the
criteria and complete paragraph (c)(2)(D) of this section, providing
this individual's commercial fishing experience; Name, NMFS person ID,
and SSN; and Business mailing address, business telephone number, and
business facsimile number;
(ii) If a corporation, partnership, or other business entity, the
applicant also must submit documentation showing at least 20 percent
interest in the corporation, partnership, or other entity.
(E) Commercial fishing experience. (1) Species; enter any targeted
species in a U.S. commercial fishery;
(2) Gear Type; enter any gear type used to legally harvest in a
U.S. commercial fishery;
(3) Location; enter actual regulatory, statistical, or geographic
harvesting location;
(4) Starting date and ending date of claimed fishing period (MMYY);
(5) Number of actual days spent harvesting crab;
(6) Duties performed while directly involved in the harvesting of
crab (be specific):
(7) Name and ADF&G vessel registration number or USCG documentation
number of the vessel upon which above duties were performed;
(8) Name of vessel owner;
(9) Name of vessel operator;
(10) Reference name. Enter the name of a person (other than
applicant) who is able to verify the above experience;
(11) Reference's relationship to applicant;
(12) Reference's business mailing address and telephone number.
(F) Applicant certification. (1) Printed name and signature of
applicant and date signed;
(2) Notary Public signature, date commission expires, and notary
stamp or seal.
(G) Verification that the applicant applying for eligibility to
receive crab QS/IFQ or PQS/IPQ by transfer has submitted an EDR if
required to do so under Sec. 680.6;
(H) A non-profit entity seeking approval to receive crab QS
or IFQ by transfer on behalf of a ECC must first complete an
Application to Become an ECCO (see paragraph (c)(4) of this section).
(3) Designation of an ECCO. (i) The appropriate governing body of
each ECC must designate a non-profit organization to serve as
the ECCO for that ECC. This designation must be submitted by the
non-profit organization in its Application to Become an ECCO to
transfer and hold QS on the behalf of that ECC.
(ii) If the non-profit entity is approved by NMFS to serve
as the ECCO, then the appropriate governing body of the ECC must
authorize the transfer of any QS from the ECCO.
(iii) The appropriate governing body for purposes of designating a
non-profit organization for the Application to Become an ECCO,
or approve the transfer of any QS from an ECCO in each ECC is as follows:
(A) If the ECC is also a community eligible to participate in the
Western Alaska CDQ Program, then the CDQ group is the appropriate
governing body;
(B) If the ECC is not a CDQ community and is incorporated as a
municipality and is not located in a borough, then the municipal
government is the appropriate governing body;
(C) If the ECC is not a CDQ community and is incorporated as a
municipality and also located in a borough, then the municipality and
borough jointly serve as the appropriate governing body and both must
agree to designate the same non-profit organization to serve as
the ECCO or authorize the transfer of QS from the ECCO; and
(D) If the ECC is not a CDQ community and is not incorporated as a
municipality and is in a borough, then the borough in which the ECC is
located is the appropriate governing body .
(iv) The appropriate governing body in each ECC may designate only
one non-profit organization to serve as the ECCO for that
community at any one time.
(4) Application to Become an ECCO. Prior to initially receiving QS
or IFQ by transfer on behalf of a specific ECC, a non-profit
organization that intends to represent that ECC as a ECCO must submit
an Application to Become an ECCO and have that application approved by
the Regional Administrator.
(i) Contents of Application--(A) Applicant identification. (1) Name
of the non-profit organization, taxpayer identification number, and
NMFS Person ID;
[[Page 63302]]
(2) Permanent business mailing address;
(3) Name of contact persons, business phone, business fax, and
e-mail address (if available);
(4) Name of community or communities represented by the
non-profit organization;
(5) Name of contact person for the governing body of each community
represented.
(B) Required attachments to the application. (1) The articles of
incorporation under the laws of the State of Alaska for that
non-profit organization;
(2) A statement indicating the ECC(s) represented by that
non-profit organization for purposes of holding QS;
(3) The bylaws of the non-profit organization;
(4) A list of key personnel of the management organization
including, but not limited to, the board of directors, officers,
representatives, and any managers;
(5) Additional contact information of the managing personnel for
the non-profit organization and resumes of management personnel;
(6) A description of how the non-profit organization is
qualified to manage QS on behalf of the ECC it is designated to
represent, and a demonstration that the non-profit organization
has the management skills and technical expertise to manage QS and IFQ;
and
(7) A statement describing the procedures that will be used to
determine the distribution of IFQ to residents of the ECC represented
by that non-profit organization, including; procedures used to
solicit requests from residents to lease IFQ, and criteria used to
determine the distribution of IFQ leases among qualified community
residents and the relative weighting of those criteria.
(C) Applicant certification. Printed name of applicant or
authorized agent, notarized signature, and date signed, Notary Public
signature and date when commission expires, and notary seal or stamp.
If authorized agent, proof of authorization to act on behalf of the
applicant must be provided with the application.
(d) Application for Transfer of Crab QS/IFQ or PQS/IPQ--(1)
General. (i) An Application for Transfer of Crab QS/IFQ or PQS/IPQ must
be approved by the Regional Administrator before the transferee may use
the IFQ or IPQ to harvest or process crab QS species.
(ii) An Application for Transfer of Crab QS/IFQ or PQS/IPQ will not
be approved until the Regional Administrator has reviewed the transfer
agreement signed by the parties to the transaction. The Regional
Administrator shall provide an Application for Transfer of Crab QS/IFQ
or PQS/IPQ to any person on request or on the Internet at http://www.
fakr.noaa.gov/ 
. Persons who submit an Application for
Transfer of Crab QS/IFQ or PQS/IPQ for approval will receive
notification of the Regional Administrator's decision to approve or
disapprove the application, and if applicable, the reason(s) for
disapproval, by mail, unless another communication mode is requested on
the application. (2) Contents. This application for transfer must be
completed, signed, and notarized by both parties. A complete Application
for Transfer of Crab QS/IFQ or PQS/IPQ must include the following
information:
(i) Type of transfer. (A) Indicate type of transfer requesting;
(B) Indicate (YES or NO) whether this is a transfer of IFQ or IPQ
only due to a hardship (medical emergency, etc.). If YES, provide
documentation supporting the need for such transfer (doctor's
statement, etc.).
(C) If requesting transfer of PQS/IPQ, applications involving the
transfer of PQS or IPQ (if applicable) outside the community in which
the processing facility resides must include a statement by an
authorized representative of that community indicating that the
community has been offered the right of first refusal (ROFR) on the
sale of the PQS or IPQ under the requirements of this section.
(ii) Transferor (Seller) information. (A) The name and NMFS Person
ID of the transferor (person currently holding the QS, PQS, IFQ, or
IPQ), social security number or tax ID number;
(B) Permanent business mailing address, business telephone,
business facsimile, and business e-mail address, and the
transferor may also provide a temporary address for each transaction in
addition to the permanent business mailing address;
(iii) Transferee (Buyer) information. (A) The name and NMFS Person
ID of the transferee (person receiving QS, PQS or IFQ, IPQ by
transfer), social security number or tax ID number;
(B) Permanent business mailing address, business telephone,
business facsimile, and business e-mail address, and the
transferee may also provide a temporary address for each transaction in
addition to the permanent business mailing address;
(iv) Transfer of QS or PQS and IFQ or IPQ. Complete the following
information if QS or PQS and IFQ or IPQ are to be transferred together
or if transferring only QS or PQS.
(A) QS species;
(B) QS type;
(C) Range of serial numbers to be transferred (shown on QS
certificate) numbered to and from;
(D) Number of QS units to be transferred;
(E) Transferor (seller) IFQ or IPQ permit number;
(F) Indicate (YES or NO) whether remaining IFQ or IPQ pounds for
the current fishing year should be transferred; if NO, specify the
number of pounds to be transferred;
(G) If this is a transfer of CPO QS, indicate whether being
transferred as CPO QS or CVO QS and PQS;
(H) If CPO QS is being transferred as both CVO QS and PQS, specify
number of units of each;
(I) If CPO QS is being transferred as CVO QS, select region for
which the QS is designated;
(v) Transfer of IFQ or IPQ only. Complete the following information
if transferring IFQ or IPQ only.
(A) QS species;
(B) IFQ/IPQ type;
(C) Range of serial numbers shown on QS certificate, numbered to
and from;
(D) Number of IFQ or IPQ pounds to be transferred;
(E) Transferor (seller) IFQ or IPQ permit number; and
(F) Crab fishing year of the transfer.
(vi) Price paid for the QS, PQS and/or IFQ, IPQ. The transferor
must provide the following information:
(A) Indicate whether (YES or NO) a broker was used for this
transaction; If YES, provide dollar amount paid in brokerage fees or
percentage of total price;
(B) Provide the total amount paid for the QS/IFQ or PQS/IPQ in this
transaction, including all fees;
(C) Provide the price per unit of QS (price divided by QS units)
and the price per pound (price divided by IFQ or IPQ pounds) of IFQ or
IPQ;
(D) Indicate all reasons that apply for transferring the QS/IFQ or
PQS/IPQ.
(vii) Method of financing for the QS, PQS and/or IFQ, IPQ. The
transferee must provide the following information:
(A) Indicate (YES or NO) whether QS/IFQ or PQS/IPQ purchase will
have a lien attached; if YES, provide the name of lien holder;
(B) Indicate one primary source of financing for this transfer;
(C) Indicate the sources used to locate the QS, PQS and/or IFQ, IPQ
being transferred;
(D) Indicate the relationship, if any, between the transferor and
the transferee
(E) Indicate (YES or NO) whether an agreement exists to return the
QS/IFQ or
[[Page 63303]]
PQS/IPQ to the transferor or any other person, or with a condition
placed on resale; If YES, explain;
(F) Attach a copy of the terms of agreement for the transfer, the
bill of sale for QS or PQS, or lease agreement for IFQ or IPQ.
(G) Indicate whether an EDR was submitted, if required by Sec.
680.6, and
(H) Whether all fees have been paid.
(viii) Notary information--(A) Certification of transferor. (1)
Printed name and signature of transferor or authorized agent. If
authorized agent, proof of authorization to act on behalf of the
transferor must be provided with the application.
(2) Date signed; and
(3) Notary Public signature, date commission expires, and notary
stamp or seal.
(B) Certification of transferee. (1) Printed name and signature of
transferor or authorized agent. If authorized agent, proof of
authorization to act on behalf of the transferee must be provided with
the application.
(2) Date signed;
(3) Notary Public signature, date commission expires, and notary
stamp or seal;
(C) Certification of authorized representative of community holding
first ROFR. (1) Printed name and signature of authorized community
representative;
(2) Date signed;
(3) Printed name of community; and
(4) Notary Public signature, date commission expires, and notary
stamp or seal.
(ix) Attachments to the application and other conditions to be met.
(A) Indicate whether the person applying to make or receive the QS,
PQS, IFQ or IPQ transfer has submitted an EDR if required to do so
under Sec. 680.6; and
(B) Whether the person applying to make or receive the QS, PQS, IFQ
or IPQ transfer has paid all fees, as required by Sec. 680.44.
(C) A written acknowledgment by an ECC entity for transfer of PQS
or IPQ under paragraphs (j)(3) through (j)(5) of this section.
(D) All individuals applying to receive CVC QS or IFQ or CPC QS or
IFQ by transfer must submit proof of at least one delivery of a crab QS
species in any crab QS fishery in the 365 days prior to submission to
NMFS of the Application for Transfer of QS/IFQ or PQS/IPQ. Proof of
this landing is:
(1) Signature of the applicant on an ADF&G Fish Ticket; or
(2) An affidavit from the vessel owner attesting to that
individual's participation as a member of a fish harvesting crew on
board a vessel during a landing of a crab QS species within the 365
days prior to submission of an Application for Transfer of Crab QS/IFQ
or PQS/IPQ.
(e) Approval criteria for an Application for Transfer of Crab QS/
IFQ or PQS/IPQ. (1) Except as provided in paragraph (i) of this
section, an Application for Transfer of QS/IFQ or PQS/IPQ will not be
approved until the Regional Administrator has determined that:
(i) The person applying to receive the QS, PQS, IFQ or IPQ meets
the requirements of eligibility in paragraph (c) of this section;
(ii) The person applying for transfer and the person applying to
receive QS or IFQ/IPQ have their original notarized signatures on the
application;
(iii) No fines, civil penalties, or other payments due and owing,
or outstanding permit sanctions, resulting from Federal fishery
violations involving either party exist;
(iv) The person applying to receive QS, PQS, IFQ or IPQ currently
exists;
(v) The transfer would not cause the person applying to receive the
QS, PQS, IFQ or IPQ to exceed the use limits in this section;
(vi) The person applying to make or receive the QS, PQS, IFQ or IPQ
transfer has paid all IFQ or IPQ fees described under Sec. 680.44; or
has timely appealed the IAD of underpayment as described under Sec. 680.44;
(vii) The person applying to make or receive the QS, PQS, IFQ or
IPQ transfer has submitted an EDR if required to do so under Sec. 680.6;
(viii) In the case of the transfer of PQS or IPQ from an ECC, that
the provisions for ROFR under paragraph (j) of this section have been met;
(ix) In the case of an individual applying to receive CVC QS or IFQ
or CPC QS or IFQ, the individual has demonstrated active participation
in a crab QS fishery in the 365 days prior to the submission of the
application for transfer;
(x) Other pertinent information requested on the application for
transfer has been supplied to the satisfaction of the Regional
Administrator.
(f) Application for Transfer of Crab QS/IFQ to or from an ECCO. (1)
An Application for Transfer of Crab QS/IFQ to or from an ECCO must be
approved by the Regional Administrator before the transferee may use
the IFQ to harvest or process crab QS species.
(2) An Application for Transfer of Crab QS/IFQ to or from an ECCO
will not be approved until the Regional Administrator has reviewed and
approved the transfer agreement signed by the parties to the
transaction. The Regional Administrator shall provide an Application
for Transfer of Crab QS/IFQ to or from an ECCO to any person on request
or on the Internet at http://www.fakr.noaa.gov/ . Persons who
submit an Application for Transfer of Crab QS/IFQ to or from an ECCO
for approval will receive notification of the Regional Administrator's
decision to approve or disapprove the application, and if applicable,
the reason(s) for disapproval, by mail, unless another communication
mode is requested on the application.
(3) Contents. A complete Application for Transfer of Crab QS/IFQ to
or from an ECCO includes the following:
(i) General requirements. (A) This form may only be used if an ECCO
is the proposed transferor (seller) or the proposed transferee (buyer)
of the QS or IFQ.
(B) The party to whom a ECCO is seeking to transfer the QS/IFQ must
hold a Transfer Eligibility Certificate (TEC).
(C) If the ECCO is applying to permanently transfer QS, a
representative of the community on whose behalf the QS is held must
sign the application.
(D) If authorized representative represents either the transferor
or transferee, proof of authorization to act on behalf of transferor or
transferee must be attached to the application.
(ii) Transferor (seller) information. The name, NMFS Person ID,
social security number or Tax ID, permanent business mailing address,
business telephone, business facsimile, and business e-mail
address of the Transferor (person currently holding the QS or IFQ), and
if transferor is an ECCO, the name of ECC represented by the ECCO. The
transferor may also provide a temporary address for each transaction in
addition to the permanent business mailing address;
(iii) Transferee (buyer) information. The name, NMFS Person ID,
social security number or Tax ID, permanent business mailing address,
business telephone, business facsimile, and business e-mail of
the transferee (person receiving QS or IFQ by transfer), and if
transferee is an ECCO, name of community (ECC) represented by the ECCO.
The transferee may also provide a temporary address for each
transaction in addition to the permanent business mailing address;
(iv) Identification of QS/IFQ to be transferred. Complete the
following information if QS and IFQ are to be transferred together or
if transferring only QS.
(A) QS species;
(B) QS type;
[[Page 63304]]
(C) Number of QS or IFQ units to be transferred;
(D) Total QS units;
(E) Number of IFQ pounds;
(F) Range of serial numbers to be transferred (shown on QS
certificate) numbered to and from;
(G) Name of community to which QS are currently assigned;
(H) Indicate (YES or NO) whether remaining IFQ pounds for the
current fishing year should be transferred; if NO, specify the number
of pounds to be transferred;
(v) Transfer of IFQ only. (A) IFQ permit number and year of permit;
(B) Actual number of IFQ pounds to be transferred.
(vi) Transferor Information, if an ECCO. Reason(s) for transfer:
(A) ECCO management and administration;
(B) Fund additional QS purchase;
(C) Participation by community residents;
(D) Dissolution of ECCO; and
(E) Other (please specify).
(vii) Transferor Information. The transferor must provide the
following information:
(A) Whether (YES or NO) a broker was used for this transaction; If
YES, provide dollar amount paid in brokerage fees or percentage of
total price;
(B) Provide the total amount paid for the QS/IFQ in this
transaction, including all fees;
(C) Provide the price per unit of QS (price divided by QS units)
and the price per pound (price divided by IFQ or IPQ pounds) of IFQ or
IPQ;
(D) Indicate all reasons that apply for transferring the QS/IFQ.
(viii) Transferee information. The transferee must provide the
following information:
(A) Indicate (YES or NO) whether QS/IFQ purchase will have a lien
attached; if YES, provide the name of lien holder;
(B) Indicate one primary source of financing for this transfer;
(C) Indicate the sources used to locate the QS or IFQ being transferred;
(D) Indicate the relationship, if any, between the transferor and
the transferee;
(E) Indicate (YES or NO) whether an agreement exists to return the
QS or IFQ to the transferor or any other person, or with a condition
placed on resale; If YES, explain;
(F) Attach a copy of the terms of agreement for the transfer, the
bill of sale for QS, or lease agreement for IFQ.
(ix) Certification of transferor. (A) Printed name and signature of
transferor or authorized agent. If authorized agent, proof of
authorization to act on behalf of the transferor must be provided with
the application.
(B) Date signed;
(C) Notary Public signature, date commission expires, and notary
stamp or seal;
(x) Certification of transferee. (A) Printed name and signature of
transferor or authorized agent. If authorized agent, proof of
authorization to act on behalf of the transferee must be provided with
the application.
(B) Date signed;
(C) Notary Public signature, date commission expires, and notary
stamp or seal;
(xi) Certification of authorized representative of community. (A)
Printed name, title and signature of authorized community
representative;
(B) Date signed;
(C) Printed name of community;
(D) Notary Public signature, date commission expires, and notary
stamp or seal;
(4) Attachments to the application and other conditions to be met.
(i) Whether the person applying to make or receive the QS, PQS, IFQ or
IPQ transfer has submitted an EDR if required to do so under Sec. 680.6;
(ii) Whether the person applying for transfer and the person
applying to receive the QS or IFQ/IPQ have paid all fees, as required
by Sec. 680.44.
(iii) A copy of the terms of agreement for the transfer, the bill
of sale for QS or PQS, or lease agreement for IFQ or IPQ.
(iv) An affirmation that the individual receiving IFQ from an ECCO
has been a permanent resident in the ECC for a period of 12 months
prior to the submission of the Application for Transfer QS/IFQ to or
from an ECCO on whose behalf the ECCO holds QS.
(v) Authorization of the appropriate governing body of an ECC, for
any transfer of QS by the ECCO that holds QS on behalf of that ECC.
(g) Approval criteria for an Application for Transfer of Crab QS/
IFQ to or from an ECCO. In addition to the criteria required for
approval under Sec. 680.41(e), the following criteria are also
required:
(1) The ECCO applying to receive or transfer crab QS has submitted
a complete annual report(s) required by Sec. 680.5;
(2) The ECCO applying to transfer crab QS has provided information
on the reasons for the transfer as described in paragraph (e) of this
section; and
(3) An individual applying to receive IFQ from an ECCO is a
permanent resident of the ECC in whose name the ECCO is holding QS.
(h) Inter-cooperative transfer--(1) Application. (i) A crab
harvesting cooperative may only transfer its IFQ to another crab
harvesting cooperative. Crab harvesting cooperatives wishing to engage
in an inter-cooperative transfer must complete an Application
for Inter-cooperative Transfer to transfer crab IFQ between crab
harvesting cooperatives.
(ii) Contents. A complete application consists of the following items.
(A) Identification of Transferor (lessor). The name, NMFS Person
ID, date of incorporation, Tax ID, name of crab harvesting
cooperative's representative, permanent business mailing address,
business telephone, business facsimile, and business e-mail of
the crab harvesting cooperative transferor. A temporary mailing address
for each transaction may also be provided in addition to the permanent
business mailing address.
(B) Identification of transferee (lessee). The name, NMFS Person
ID, date of incorporation, Tax ID, name of crab harvesting
cooperative's representative, permanent business mailing address,
business telephone, business facsimile, and business e-mail of
the crab harvesting cooperative transferee. A temporary mailing address
for each transaction may also be provided in addition to the permanent
business mailing address.
(C) Crab cooperative IFQ to be transferred. The identification of
the crab IFQ being transferred, including the type of crab cooperative
IFQ being transferred, crab cooperative permit number, year that permit
was issued, whether (YES or NO) all remaining pounds for the current
fishing year are to be transferred, if NO, specify number of pounds to
be transferred
(D) Transferor Information. Indicate whether (YES or NO) a broker
was used . If YES, indicate dollar amount paid in brokerage fees or
percentage of total price, the total amount being paid and the price
per pound.
(E) Certification of Transferor. Printed name and signature of
transferor or authorized agent and date signed, signature of Notary
Public, date commission expires, and notary stamp or seal. If
authorized agent, proof of authorization to act on behalf of the
transferor must be provided with the application.
(F) Certification of Transferee. Printed name and signature of
transferee or authorized agent and date sign, signature of Notary
Public, date commission expires, and notary stamp or seal. If
authorized agent, proof of authorization to act on behalf of the
transferee must be provided with the application.
[[Page 63305]]
(iii) Whether the person applying to make or receive the IFQ
transfer has paid all fees, as required by Sec. 680.44.
(iv) Original notarized signatures of both the transferee and
transferor or authorized representative.
(2) Member of a crab harvesting cooperative receiving additional
crab QS and/or IFQ by transfer. A member of a crab harvesting
cooperative may receive additional crab QS and/or IFQ by transfer in
accordance with transfer and use provisions at Sec. Sec. 680.41 and
680.42. A member of a crab harvesting cooperative may receive a
separate annual IFQ permit or may transfer the IFQ to the members's
cooperative.
(3) Member of a crab harvesting cooperative transferring crab QS to
someone outside the cooperative. A member of a crab harvesting
cooperative may transfer any crab QS held by that person to any person
qualified to receive crab QS by transfer as provided in this section.
(4) Member of a crab harvesting cooperative transferring the IFQ
resulting from QS to a person outside the cooperative. Once a person
joins a cooperative, that person may not transfer IFQ resulting from
that person's QS to anyone outside the cooperative. The cooperative may
transfer the IFQ it controls on the behalf of a member of the
cooperative to another cooperative if an Application for
Inter-cooperative Transfer has been submitted and approved by NMFS.
(i) QS, PQS, IFQ, or IPQ accounts. QS, PQS, IFQ, or IPQ accounts
affected by a transfer approved by the Regional Administrator will
change on the date of approval. Any necessary IFQ or IPQ permits will
be sent with the notification of approval if the receiver of the IFQ or
IPQ permit has completed an Annual Application for Crab IFQ/IPQ Permit
for the current fishing year as required under Sec. 680.4.
(j) Eligible crab community right of first refusal (ROFR)--(1)
Applicability--(i) Exempt Fisheries. PQS and IPQ issued for the BST,
WAG, or WAI crab QS fisheries are exempt from ROFR provisions.
(ii) Eligible Crab Communities (ECCs). The ROFR extends to the ECCs
and their associated governing bodies. The ROFR may be exercised by the
ECC entity representing that ECC.
(2) Community representation--(i) CDQ Communities. Any ECC that is
also a CDQ community shall designate the CDQ group to which it is a
member as the ECC entity in the exercise of any ROFR.
(ii) Non-CDQ communities. (A) Any ECC that is a
non-CDQ community must designate an ECC entity that will
represent the community in the exercise of ROFR at least 30 days prior
to the ending date for the initial application period for the crab QS
program specified in the Federal Register.
(B) The ECC entity eligible to exercise the right of first refusal
on behalf of an ECC will be identified by the governing body (s) of the
ECC. If the ECC is incorporated under the laws of the State of Alaska,
then the municipality is the governing body; if the ECC is incorporated
and within an incorporated borough, then the municipality and borough
are the governing bodies and must agree to designate the same ECC
entity; if the ECC is not incorporated and in an incorporated borough,
then the borough is the governing body.
(C) Each ECC may designate only one ECC entity to represent that
community in the exercise of ROFR at any one time through a statement
of support from the governing body of the ECC. That statement of
support must be submitted to the Regional Administrator, National
Marine Fisheries Service, Post Office Box 21668, Juneau, Alaska 99802,
as a resolution from the City Council or other municipal body
incorporated under the laws of the State of Alaska for that community
at least 3 days prior to the ending date of the initial application
period for the crab QS program under Sec. 680.40. The ECC entity
eligible to exercise ROFR on behalf of an ECC must be identified in the
contract submitted to NMFS as part of the application for PQS under
Sec. 680.40(m).
(D) The ECC ROFR is not assignable by the ECC entity.
(3) Transfer of PQS or IPQ from an ECC. Any transfer of PQS or IPQ
from an ECC will not be approved by NMFS unless the ECC entity
representing the ECC is a signatory on the contract submitted under
Sec. 680.40(m) and acknowledges in writing to the Regional
Administrator that the community does not wish to exercise ROFR.
(4) Transfer of PQS within an ECC. Any transfer of PQS within an
ECC will not be approved by NMFS unless the ECC entity representing the
ECC is a signatory on a contract submitted under Sec. 680.40(m) to
exercise ROFR.
(5) Restrictions on transfer of PQS out of North Gulf of Alaska
communities--(i) Applicability. Any community in the Gulf of Alaska
north of a line at 56[deg]20' N. lat.
(ii) Notification of PQS transfer. A PQS holder proposing to
transfer PQS for use in processing outside any community identified
under this paragraph must notify the ECC entity designated by the City
of Kodiak and Kodiak Island Borough under paragraph (j)(2) of this
section 30 days prior to the intended transfer of PQS out of the community.
(iii) ROFR in the North Gulf of Alaska. The ECC entity designated
by the City of Kodiak and Kodiak Island Borough will have the
opportunity to exercise ROFR to purchase from a PQS holder any PQS
proposed to be transferred for use in processing outside the community
identified under paragraph (j)(5)(i) of this section consistent with
contract provisions under Sec. 680.40(m).
(k) Transfer of QS, PQS, IFQ or IPQ with restrictions. If QS, PQS,
IFQ or IPQ must be transferred as a result of a court order, operation
of law, or as part of a security agreement, but the person receiving
the QS, PQS, IFQ or IPQ by transfer does not meet the eligibility
requirements of this section, the Regional Administrator will approve
an Application for Transfer of Crab QS/IFQ or PQS/IPQ with
restrictions. The Regional Administrator will not assign IFQ or IPQ
resulting from the restricted QS or PQS to any person. IFQ or IPQ with
restrictions may not be used for harvesting or processing species
covered under this program. The QS, PQS, IFQ or IPQ will remain
restricted until:
(1) The person who received the QS, PQS, IFQ or IPQ with
restrictions meets the eligibility requirements of this section and the
Regional Administrator approves an application for eligibility for that
person; or
(2) The Regional Administrator approves the application for
transfer from the person who received the QS, PQS, IFQ or IPQ with
restrictions to a person who meets the requirements of this section.
(l) Transfer of CVO, CPO, CVC, CPC QS or PQS--(1) General. PQS or
QS may be transferred, with approval of the Regional Administrator, to
persons qualified to receive PQS or QS by transfer. However, the
Regional Administrator will not approve a transfer of any type of PQS
or QS that would cause a person to exceed the maximum amount of PQS or
QS allowable under the use limits provided for in Sec. 680.42, except
as provided for under Sec. 680.41(k).
(2) CVO QS. Notwithstanding QS use limitations under Sec. 680.42,
CVO QS may be transferred to any person eligible to receive CVO or CPO
QS as defined under paragraph (c) of this section.
(3) CPO QS. Persons holding CPO QS may transfer CPO QS as CVO QS
and PQS to eligible recipients under the following provisions:
(i) Each unit of CPO QS shall yield 1 unit of CVO QS, and 0.9 units
of PQS; and
[[Page 63306]]
(ii) The CVO QS and PQS derived from the transfer of CPO QS may be
transferred separately, except that these shares must receive the same
regional designation. The regional designation shall be determined at
the time of transfer by the person receiving the CVO QS.
(4) CVC or CPC QS. Notwithstanding QS use limitations under Sec.
680.42, CVC or CPC QS may be transferred to any person eligible to
receive CVC or CPC QS as defined under paragraph (c) of this section.
CVC and CPC QS may only be used in the sector for which it is
originally designated.
(m) Transfer of IFQ or IPQ by Lease--(1) IFQ derived from CVO or
CPO QS. IFQ derived from CVO or CPO QS may be transferred by lease
until June 30, 2010. IFQ derived from CVO or CPO QS must be leased:
(i) If the IFQ will be used on a vessel on which the QS holder has
less than a 10-percent ownership interest; or
(ii) If the IFQ will be used on a vessel on which the QS holder is
not present.
(2) Ownership of a vessel means, for the purposes of this section:
(i) A sole proprietor; or
(ii) A relationship between 2 or more entities in which one
directly or indirectly owns a 10 percent or greater interest in a vessel.
(3) IFQ derived from CVC QS or CPC QS. (i) IFQ derived from CVC or
CPC QS may be transferred by lease only until June 30, 2008 unless the
IFQ permit holder demonstrates a hardship.
(ii) In the event of a hardship, as described at paragraph
(m)(2)(iii) in this section, a holder of CVC or CPC QS may lease the
IFQ derived from this QS for the term of the hardship. However, the
holder of CVC or CPC QS may not lease the IFQ under this provision for
more than 2 crab fishing years total in any 10 crab fishing year
period. Such transfers are valid only during the crab fishing year for
which an IFQ permit is issued and the QS holder must re-apply
for any subsequent transfers.
(iii) An application for a transfer of IFQ under this provision
will not be approved unless the QS holder can demonstrate a hardship by
an inability to participate in the crab QS fisheries because:
(A) Of a medical condition of the QS holder. The QS holder is
required to provide documentation of the medical condition from a
licensed medical doctor who verifies that the QS holder cannot
participate in the fishery because of the medical condition;
(B) Of a medical condition involving an individual who requires the
QS holder's care. The QS holder is required to provide documentation of
the individual's medical condition from a licensed medical doctor. The
QS holder must verify that he or she provides care for that individual
and that the QS holder cannot participate in the fishery because of the
medical condition of that individual;
(C) Of the total or constructive physical loss of a vessel. The QS
holder must provide evidence that the vessel was lost and could not be
replaced in time to participate in the fishery for which the person is
claiming a hardship.
(4) IPQ derived from PQS. IPQ derived from PQS may be leased.
(n) Survivorship transfer privileges. (1) On the death of an
individual who holds QS or PQS, the surviving spouse or, in the absence
of a surviving spouse, a beneficiary designated pursuant to paragraph
(m)(3) of this section, receives all QS, PQS and IFQ or IPQ held by the
decedent by right of survivorship, unless a contrary intent was
expressed by the decedent in a will. The Regional Administrator will
approve an application for transfer to the surviving spouse or
designated beneficiary when sufficient evidence has been provided to
verify the death of the individual.
(2) A QS or PQS holder may provide the Regional Administrator with
the name of the designated beneficiary from the QS or PQS holder's
immediate family to receive survivorship transfer privileges in the
event of the QS or PQS holders death and in the absence of a surviving
spouse.
(3) The Regional Administrator will approve, for 3 calendar years
following the date of the death of an individual, an Application for
Transfer of Crab QS/IFQ or PQS/IPQ from the surviving spouse or, in the
absence of a surviving spouse, a beneficiary from the QS or PQS
holder's immediate family designated pursuant to paragraph (m)(3) of
this section to a person eligible to receive IFQ or IPQ under the
provisions of this section, notwithstanding the limitations on
transfers of IFQ and IPQ in this section and the use limitations under
Sec. 680.42.
(o) Notification of Approval or Disapproval of Applications. (1)
Applicants submitting any application under Sec. 680.41 will be
notified by mail of the Regional Administrator's approval of an
application. If the Regional Administrator will notify applicants if an
application submitted under Sec. 680.41 is disapproved. This
notification of disapproval will include:
(i) The disapproved Application for Eligibility to Receive QS/IFQ
or PQS/IPQ by Transfer; and
(ii) An explanation why the application was not approved.
(2) Reasons for disapproval. Reasons for disapproval of an
application include, but are not limited to:
(i) U.S. citizenship, where required;
(ii) Failure to meet minimum requirements for sea time as a member
of a harvesting crew;
(iii) An incomplete application;
(iv) An untimely application;
(v) Fines, civil penalties, or other payments due and owing, or
outstanding permit sanctions resulting from Federal fishery violations;
or
(vi) Fees owed but not paid as assessed under Sec. 680.44.
(3) Application deadline. The Regional Administrator will not
approve any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery
from August 1 until the date of the issuance of IFQ or IPQ for that
crab QS fishery.
Sec. 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
(a) QS, PQS, IFQ and IPQ regional designation and IFQ class. The
QS, PQS, IFQ or IPQ specified for one crab QS fishery may not be used
to harvest or process crab in any other crab QS fishery.
(b) QS and IFQ use caps--(1) General. Separate and distinct QS and
IFQ use caps apply to all QS and IFQ categories pertaining to a given
crab QS fishery with the following provisions:
(i) A person who receives an initial allocation of QS that exceeds
the use cap listed in paragraph (b)(2) of this section are limited to
hold no more than that amount. A person will not be issued QS in excess
of the use cap established in this section based on QS derived from
landings attributed to an LLP license obtained via transfer after June
10, 2002;
(ii) QS and IFQ use caps shall be based on the initial quota share
pools used to determine initial allocations of QS;
(iii) Non-individuals holding QS will be required to
provide, on an annual basis, ownership information as required in the
Annual Application for Crab IFQ/IPQ Permit.
(2) Except for persons who hold PQS, or a CDQ group, a person may
not, individually or collectively, hold:
(i) QS in amounts in excess of the amounts specified in the
following table, unless that person's QS was received in the initial
allocation:
[[Page 63307]]
------------------------------------------------------------------------
CVO/CPO Use Cap in CVC/CPC Use Cap in
Fishery QS Units QS Units
------------------------------------------------------------------------
(A) 1.0 percent of the initial 3,880,000 120,000
QS pool for BBR
------------------------------------------------------------------------
(B) 1.0 percent of the initial 9,700,000 300,000
QS pool for BSS
------------------------------------------------------------------------
(C) 1.0 percent of the initial 1,940,000 60,000
QS pool for BST
------------------------------------------------------------------------
(D) 2.0 percent of the initial 582,000 18,000
QS pool for PIK
------------------------------------------------------------------------
(E) 2.0 percent of the initial 582,000 18,000
QS pool for SMB
------------------------------------------------------------------------
(F) 10.0 percent of the initial 970,000 30,000
QS pool for EAG
------------------------------------------------------------------------
(G) 10.0 percent of the initial 3,880,000 120,000
QS pool for WAG
------------------------------------------------------------------------
(H) 10.0 percent of the initial 5,820,000 180,000
QS pool for WAI
------------------------------------------------------------------------
(ii) Use IFQ in excess of the amount of IFQ that is yielded from
the QS caps in paragraph (b)(2)(i) of this section, unless that IFQ is
yielded from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(3) A CDQ Group may not:
(i) Hold QS in excess of more than the amounts of QS specified in
the following table:
------------------------------------------------------------------------
CDQ CVO/CPO Use Cap in QS
Fishery Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool 19,400,000
for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool 48,500,000
for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool 9,700,000
for BST
------------------------------------------------------------------------
(D) 10.0 percent of the initial QS pool 2,910,000
for PIK
------------------------------------------------------------------------
(E) 10.0 percent of the initial QS pool 2,910,000
for SMB
------------------------------------------------------------------------
(F) 20.0 percent of the initial QS pool 1,940,000
for EAG
------------------------------------------------------------------------
(G) 20.0 percent of the initial QS pool 7,760,000
for WAG
------------------------------------------------------------------------
(H) 20.0 percent of the initial QS pool 11,640,000
for WAI
------------------------------------------------------------------------
(ii) Use IFQ in excess of the amount of IFQ that is yielded from
the QS caps in paragraph (b)(2)(i) of this section, unless that IFQ is
yielded from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(4) A person who holds PQS may not individually or collectively:
(i) Hold QS in excess of the amounts specified in the following table:
------------------------------------------------------------------------
CVO/CPO Use Cap in CVC/CPC Use Cap in
Fishery QS Units QS Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial 19,400,000 600,000
QS pool for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial 48,500,000 1,500,000
QS pool for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial 9,700,000 300,000
QS pool for BST
------------------------------------------------------------------------
(D) 5.0 percent of the initial 1,455,000 45,000
QS pool for PIK
------------------------------------------------------------------------
(E) 5.0 percent of the initial 1,455,000 45,000
QS pool for SMB
------------------------------------------------------------------------
(F) 5.0 percent of the initial 485,000 15,000
QS pool for EAG
------------------------------------------------------------------------
(G) 5.0 percent of the initial 1,940,000 60,000
QS pool for WAG
------------------------------------------------------------------------
(H) 5.0 percent of the initial 2,910,000 90,000
QS pool for WAI
------------------------------------------------------------------------
(ii) Use IFQ in excess of the amount of IFQ that is yielded from
the QS caps in paragraph (b)(2)(i) of this section, unless that IFQ is
yielded from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(5) Any person who receives an allocation of QS in excess of the
use caps established in paragraph (b) of this section and who
subsequently transfers any QS to another person so that the total
amount of QS held by that person is less than the amount of the use
caps in this paragraph will be subject to the
[[Page 63308]]
use caps established in this paragraph after that transfer.
(6) IFQ that is used by a crab harvesting cooperative is not
subject to the use caps in paragraph (b) of this section.
(7) Non-individual persons holding QS will be required to provide,
on an annual basis, a list of persons with an ownership interest in the
non-individual QS holder. This list of owners shall be provided to the
individual level and will include the percentage of ownership held by
each individual. This annual submission of information must be
submitted as part of the Annual Application to for Crab IFQ/IPQ Permit.
A person will be considered to be a holder of QS or IFQ for purposes of
applying the QS and IFQ use caps in this paragraph of that person:
(i) Is the sole proprietor of an entity that holds QS or IFQ; or
(ii) Directly or indirectly owns a 10 percent or greater interest
in an entity that holds QS or IFQ.
(c) PQS and IPQ Use Caps. (1) A person may not:
(i) Hold more than 30 percent of the initial PQS pool in any crab
QS fishery unless that person received an initial allocation of PQS in
excess of this limit. A person will not be issued PQS in excess of the
use caps established in this section based on PQS derived from the
transfer of legal processing history after June 10, 2002.
(ii) Use IPQ in excess of the amount of IPQ that is yielded from
the PQS caps in paragraph (C)(1)(i) of this section unless that IPQ is
yielded from PQS that was received by that person in the initial
allocation of PQS for that crab QS fishery.
(2) A person may not use more than 60 percent of the IPQ issued in
the BSS crab QS fishery with a North region designation during a crab
fishing year.
(3) Non-individual persons holding PQS will be required to provide,
on an annual basis, a list of persons with an ownership interest in the
non-individual PQS holder. This list of owners shall be provided to the
individual level and will include the percentage of ownership held by
each individual person. This annual submission of information must be
submitted as part of the Annual Application for Crab IFQ/IPQ Permit. A
person will be considered to be a holder of PQS for purposes of
applying the PQS use caps in this paragraph if that persons:
(i) Is the sole proprietor of an entity that holds PQS; or
(ii) Directly or indirectly owns a 10 percent or greater interest
in an entity that holds PQS.
(4) The amount of IPQ issued in any crab fishing year shall not exceed:
(i) 175,000,000 raw crab pounds (79,378.6 mt) in the BSS crab QS
fishery;
(ii) 20,000,000 raw crab pounds (9,071.8 mt) in the BBR crab QS
fishery;
(iii) Any amount of Class A IFQ that is issued in excess of the
amount of IPQ in the BSS or BBR crab QS fisheries that is not required
to be delivered to an RCR with unused IPQ;
(iv) The amount of Class A IFQ issued in excess of the amount of
IPQ issued in the BSS or BBR crab QS fisheries will be issued to all
Class A IFQ recipients on a pro rata basis in proportion to the amount
of Class A IFQ held by each person.
(5) Before July 1, 2007, IPQ for the BSS, BBR, PIK, SMB, and EAG
crab QS fisheries may not be used to process crab outside the ECC in
which the PQS from which that IPQ is derived. Except that, before July
1, 2007:
(i) Ten percent of the IPQs that are issued for a crab QS fishery
or an amount of IPQ that yields up to 500,000 raw crab pounds (226.7
mt) on an annual basis, whichever is less, may be leased for use in
processing crab outside that ECC. The amount of IPQ that is issued on
an annual basis for use in that ECC and the amount that may be leased
outside that ECC will be established annually and will be divided on a
pro rata basis among all IPQ permit holders issued IPQ for use in that
ECC for that year;
(ii) IPQ in excess of the amounts specified in paragraph (c)(5)(i)
of this section may be used outside the ECC for which that IPQ is
designated if an unavoidable circumstance prevents crab processing
within that ECC. For purposes of this section, an unavoidable
circumstance exists if the specific intent to conduct processing for a
crab QS species in that ECC was thwarted by a circumstance that was:
(A) Unavoidable;
(B) Unique to the IPQ permit holder, or to the processing facility
used by the IPQ permit holder in that ECC;
(C) Unforeseen and reasonably unforeseeable to the IPQ permit
holder;
(D) The circumstance that prevented the IPQ permit holder from
processing crab in that ECC actually occurred; and
(E) The IPQ permit holder took all reasonable steps to overcome the
circumstance that prevented the IPQ permit holder from conducting
processing for that crab QS fishery in that ECC.
(iii) This provision does not exempt any IPQ permit holder from any
regional processing requirements that may apply to that IPQ.
(6) Any person harvesting crab under a Class A CVO or CVC IFQ
Permit, except as provided under Sec. 680.42(c)(4), must deliver that
crab:
(i) Only to RCRs with unused IPQ for the same QS fishery;
(ii) Only to an RCR in the region for which the QS and IFQ is
designated.
(7) Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC
IFQ, or CPC IFQ permit may deliver that crab to any RCR.
(d) Vessel limitations. (1) Except for vessels that participate in
a crab harvesting cooperative as described under Sec. 680.20 and under
the provisions described in paragraph (d)(4) of this section, no vessel
may be used to harvest CVO or CPO IFQ in excess of the following
percentages of the TAC for that crab QS fishery for that crab fishing
year:
(i) 2.0 percent for BSS;
(ii) 2.0 percent for BBR;
(iii) 2.0 percent for BST;
(iv) 4.0 percent for PIK;
(v) 4.0 percent for SMB;
(vi) 20.0 percent for EAG;
(vii) 20.0 percent for WAG; or
(viii) 20.0 percent for the WAI crab QS fishery west of 179[deg]
W.
long.
(2) CVC or CPC QS used on a vessel will not be included in
determining whether a vessel use cap is met.
(3) An initial allocation of QS that results in an initial issuance
of crab QS to a single person and that results in IFQ that is in excess
of the vessel use caps described above allows that person to catch and
retain crab harvested with that IFQ with a single vessel in excess of
the vessel use caps as described in paragraph (e)(1) of this section
provided that any transfers of a valid, fully transferable LLP license
that resulted in the issuance of QS to that person occurred prior to
June 10, 2002. Any subsequent transfers of a valid, fully transferable
LLP license that resulted in the issuance of QS, or any transfers of QS
to that person would not be exempted from these vessel use caps.
However, two or more persons may not catch and retain their IFQ with
one vessel in excess of these limitations.
(4) A vessel use cap would not apply to a vessel if all of the IFQ
used on that vessel in a crab fishing year is IFQ held by a crab
harvesting cooperative. This exemption is forfeited if that vessel is
used to harvest any amount of IFQ not held by a crab harvesting
cooperative during the same crab fishing year.
(5) A person holding CVC or CPC QS is required to be aboard the
vessel upon
[[Page 63309]]
which their IFQ is being harvested; unless the IFQ resulting from that
QS has been leased to a qualified person under Sec. 680.41 or has been
converted into crab cooperative IFQ under Sec. 680.21.
(6) A person holding CVO or CPO QS does not have to be aboard the
vessel being used to harvest their IFQ if they hold at least a 10
percent ownership interest in the vessel upon which the IFQ is to be
harvested and are represented on board the vessel by a crab IFQ hired
master employed by that QS holder as authorized under Sec. 680.4.
(7) Ownership of a vessel means, for purposes of this section:
(i) A sole proprietor; or
(ii) Directly or indirectly owns a 10 percent or greater interest
in an entity that owns a vessel.
Sec. 680.43 Determinations and appeals.
See Sec. 679.43 of this chapter.
Sec. 680.44 Cost recovery.
(a) Cost recovery fees--(1) Responsibility. The person documented
on the IFQ, IPQ, CDQ, RCR, Commercial Fisheries Entry Commission
(CFEC), or State of Alaska Commissioner's permit as the permit holder
at the time of a CR crab landing must comply with the requirements of
this section.
(i) Subsequent transfer of IFQ, IPQ, CDQ, or QS does not affect the
permit holder's liability for noncompliance with this section.
(ii) Non-renewal of an RCR permit does not affect the permit
holder's liability for noncompliance with this section.
(2) Fee Liability determination. (i) All CR allocation holders and
RCR permit holders will be subject to a fee liability for any CR crab
debited from a CR allocation during a crab fishing year.
(ii) Fee liability must be calculated by multiplying the applicable
fee percentage by the ex-vessel value of the CR crab received by
the RCR at the time of receipt.
(iii) NMFS will provide a summary to all CR allocation and RCR
permit holders available through a secure Internet site or on request
during the last quarter of the crab fishing year. The summary will
explain the fee liability determination including details of raw crab
pounds debited from CR allocations by permit, port or
port-group, species, date, and prices.
(3) Fee collection. (i) All RCRs who receive CR crab are
responsible for submitting the cost recovery payment for all CR crab
received.
(ii) All RCRs who receive CR crab in a crab fishing year must
maintain and submit records for any crab cost recovery fees collected
under the corresponding RCR permit.
(4) Payment--(i) Payment due date. An RCR permit holder must submit
any crab cost recovery fee liability payment(s) to NMFS at the address
provided in paragraph (a)(4)(iii) of this section no later than July 31
of the crab fishing year following the crab fishing year in which the
payment for a CR crab landing was made.
(ii) Payment recipient. Make payment payable to NMFS.
(iii) Payment address. Mail payment and related documents to the
Administrator, Alaska Region, NMFS; Attn: Operations, Management, &
Information Division (OMI); P.O. Box 21668; Juneau, AK
99802-1668; Facsimile: 907-586-7354. Payments may
also be submitted electronically to NMFS via forms available from RAM
or on the RAM area of the Alaska Region Home Page at
http://www.fakr.noaa.gov/ram .
(iv) Payment method. Payment must be made in U.S. dollars by
personal check drawn on a U.S. bank account, money order, bank
certified check, or credit card.
(b) Ex-vessel value determination and use--(1) General. An
RCR permit holder must use either the ex-vessel value determined
for shoreside processors or the ex-vessel value determined for
at-sea Catcher/Processors (CP), depending on their activity.
Ex-vessel value includes all cash, services, or other
goods-in-kind exchanged for CR crab.
(2) Shoreside Ex-vessel value. Shoreside processing
facilities must use the price paid at the time of purchase as
ex-vessel value for the purposes of calculating fee liability.
Shoreside processing facilities must include any subsequent
retropayments as adjustments to the initial calculation of fee
liability.
(3) Catcher/Processor Ex-vessel value--(i) General. Catcher/
processors must use the corresponding CP standard price(s) as published
in the Federal Register as ex-vessel value for the purposes of
calculating fee liability.
(ii) Duty to publish list. As part of the summary described in
paragraph (a)(2)(iii) of this section, the Regional Administrator will
publish CP standard prices in the Federal Register during the last
quarter of each crab fishing year. The CP standard prices will be
described in U.S. dollars per raw crab pound, for CR crab debited from
CR allocations during the previous crab fishing year.
(iii) Effective duration. The Regional Administrator may revise the
CP standard prices annually by publication in the Federal Register. CP
standard prices published in the Federal Register by NMFS shall apply
to all landings made in the same crab fishing year as the CP standard
price publication and shall replace any CP standard prices previously
provided by NMFS.
(iv) Determination. NMFS will calculate the CP standard prices to
reflect, as closely as possible, the previous year's average shoreside
processor price by fishery and by species, and any variations in
reported shoreside ex-vessel values of CR crab. The Regional
Administrator will base CP standard prices on the following types of
information:
(A) Landed pounds by CR crab, port-group, and month;
(B) Total shoreside ex-vessel value by CR crab,
port-group, and month; and
(C) Price adjustments, including retro-payments.
(4) Fee liability calculation. All RCRs must base all fee liability
calculations on the ex-vessel value that correlates to CR crab
that is debited from a CR allocation and recorded in raw crab pounds.
(c) Crab fee percentage--(1) Default percentage. The crab fee
percentage is 3 percent of the ex-vessel value of crab unless
adjusted by the Regional Administrator by publication in the Federal
Register in accordance with paragraphs (c)(3) and (c)(4) of this section.
(i) The calculated crab fee percentage will be divided equally
between the harvesting and processing sectors.
(ii) Catcher/processors must pay the full crab fee percentage
determined by the fee percentage calculation for all CR crab debited
from a CR allocation.
(2) Calculating fee percentage value. Each year the Regional
Administrator will calculate the fee percentage.
(i) Factors. In making the calculations the Regional Administrator
will consider the following factors:
(A) The catch to which the crab cost recovery fee will apply;
(B) The projected ex-vessel value of that catch;
(C) The costs directly related to the management and enforcement of
the Crab Rationalization Program;
(D) The funds available for the Crab Rationalization Program in the
Limited Access System Administrative Fund (LASAF);
(E) Nonpayment of fee liabilities.
(ii) Methodology. In making the calculation, the Regional
Administrator will use the following methodology:
Harvesting and Processing Sectors: [[100 x (DPC - AB) / V] / (1
- NPR)] x 0.5
Catcher/Processors: [100 x (DPC - AB) / V] / (1 - NPR)
[[Page 63310]]
where:
DPC is the direct program costs for the Crab Rationalization
Program for the previous fiscal year,
AB is the projected end of the year LASAF account balance for
the Crab Rationalization Program, and
V is the projected ex-vessel value of the catch subject
to the crab cost recovery fee liability for the current year, and
NPR is the fraction of the fee assessments that is expected to
result in nonpayment.
(3) Adjustments. During the first quarter of each crab fishing
year, the Regional Administrator will consider adjusting the crab fee
percentage. Consideration will be based on the calculations described
in paragraph (c)(2) of this section.
(4) Publication. The Regional Administrator will make any
adjustments in the crab fee percentage by publication in the Federal
Register.
(5) Applicable percentage. The RCR permit holder must use the crab
fee percentage in effect at the time a CR crab is debited from a CR
allocation to calculate the crab cost recovery fee liability for such
CR crab. The RCR permit holder must use the crab fee percentage in
effect at the time a CR crab is debited from an CR allocation to
calculate the crab cost recovery fee liability for any
retro-payments for that CR crab.
(d) Underpayment of fee liability. (1) Under Sec. 680.4, an
applicant will not receive new IFQ, IPQ, or RCR permits until he or she
submits a complete application. A complete application shall include
full payment of an applicant's complete crab cost recovery fee
liability as reported by the RCR.
(2) If an RCR fails to submit full payment for crab cost recovery
fee liability by the date described in paragraph (a)(4) of this
section, the Regional Administrator may:
(i) At any time thereafter send an IAD to the RCR permit holder
stating that the RCR permit holder's estimated fee liability, as
indicated by his or her own submitted information, is the crab cost
recovery fee liability due from the RCR permit holder.
(ii) Disapprove any transfer of IFQ, IPQ, or QS to or from the RCR
permit holder in accordance with Sec. 680.41.
(3) If an RCR fails to submit full payment by the application
deadline described at Sec. 680.4(e), no IFQ or IPQ permit will be
issued to that RCR for that crab fishing year.
(4) Upon final agency action determining that an RCR permit holder
has not paid his or her crab cost recovery fee liability, the Regional
Administrator may continue to withhold issuance of any new IFQ, IPQ, or
RCR permit for any subsequent crab fishing years. If payment is not
received by the 30\th\ day after the final agency action, the matter
will be referred to the appropriate authorities for purposes of collection.
(e) Over payment. Upon issuance of final agency action, any amount
submitted to NMFS in excess of the crab cost recovery fee liability
determined to be due by the final agency action will be returned to the
RCR permit holder unless the permit holder requests the agency to
credit the excess amount against the permit holder's future crab cost
recovery fee liability.
(f) Appeals and requests for reconsideration. An RCR permit holder
who receives an IAD may either appeal the IAD pursuant to Sec. 679.43
or request reconsideration. Within 60 days from the date of issuance of
the IAD, the Regional Administrator may undertake reconsideration of
the IAD on his or her own initiative. If a request for reconsideration
is submitted or the Regional Administrator initiates reconsideration,
the 60-day period for appeal under Sec. 679.43 will begin anew
upon issuance of the Regional Administrator's reconsidered IAD. The
Regional Administrator may undertake only one reconsideration of the
IAD, if any. If an RCR permit holder fails to file an appeal of the IAD
pursuant to Sec. 679.43 or request reconsideration within the time
period provided, the IAD will become the final agency action. In any
appeal or reconsideration of an IAD made under this section, an RCR
permit holder has the burden of proving his or her claim.
(g) Fee Submission Form. An RCR must submit an RCR Permit Holder
Fee Submission Form according to Sec. 680.5(e).
Table 1 to Part 680--Crab Rationalized (CR) Fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code CR Fishery Boundary Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAG Eastern Aleutian Islands golden (brown) king In waters of the EEZ with:
crab (Lithodes aequispinus) (1) an eastern boundary the longitude of Scotch Cap Light
(164[deg]44' W. long.) to 53[deg]30' N. lat., then West to
165[deg]
W. long.
(2) a western boundary of 174[deg]
W. long., and
(3) a northern boundary of a line from the latitude of Cape
Sarichef (54[deg]36' N. lat.) westward to 171[deg]
W. long.,
then north to 55[deg]30' N. lat., then west to 174[deg]
W.
long.
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAG Western Aleutian Islands golden (brown) king In waters of the EEZ with:
crab (Lithodes aequispinus) (1) an eastern boundary the longitude 174[deg]
W. long.,
(2) a western boundary the maritime Boundary Agreement Line
as that line is described in the text of and depicted in the
annex to the Maritime Boundary Agreement between the United
States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA Chart No. 513 (6\th\
edition, February 23, 1991) and NOAA Chart No. 514 (6\th\
edition, February 16, 1991), and
(3) a northern boundary of a line from the latitude of
55[deg]30' N. lat., then west to the U.S.-Russian
Convention line of 1867.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 63311]]
BST Bering Sea Tanner crab (Chionoecetes bairdi) In waters of the EEZ east of the maritime Boundary Agreement
Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime
Boundary Agreement Line as depicted on NOAA Chart No. 513
(6\th\ edition, February 23, 1991) and NOAA Chart No. 514
(6\th\ edition, February 16, 1991) to 171[deg]
W. long., and
then south to 54[deg]30'N. lat. with a southern boundary of
54[deg]36' N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
BSS Bering Sea Snow crab (Chionoecetes opilio) In waters of the EEZ east of the maritime Boundary Agreement
Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime
Boundary Agreement Line as depicted on NOAA Chart No. 513
(6\th\ edition, February 23, 1991) and NOAA Chart No. 514
(6\th\ edition, February 16, 1991) to 171[deg]
W. long., and
then south to 54[deg]30' N. lat. with a southern boundary of
54[deg]36' N.
--------------------------------------------------------------------------------------------------------------------------------------------------------
BBR Bristol Bay red king crab (Paralithodes In waters of the EEZ with:
camtshaticus) (1) a northern boundary of 58[deg]30' N. lat.,
(2) a southern boundary of 54[deg]36' N. lat., and
(3) a western boundary of 168[deg]
W. long. and including all
waters of Bristol Bay.
--------------------------------------------------------------------------------------------------------------------------------------------------------
PIK Pribilof red king and blue king crab In waters of the EEZ with:
(Paralithodes camtshaticus and Paralithodes (1) a northern boundary of 58[deg]30' N. lat.,
platypus) (2) an eastern boundary of 168[deg]
W. long.,
(3) a southern boundary line from 54[deg]36' N. lat.,
168[deg] W. long., to 54[deg]36' N. lat., 171[deg]
W. long.,
to 55[deg]30' N. lat., 171[deg]
W. long., to 55[deg]30' N.
lat., 173[deg]30' E. lat., and then westward to the maritime
Boundary Agreement Line as that line is described in the text
of and depicted in the annex to the Maritime Boundary
Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and
as the Maritime Boundary Agreement Line as depicted on NOAA
Chart No. 513 (6\th\ edition, February 23, 1991) and NOAA
Chart No. 514 (6\th\ edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
SMB St. Matthew blue king crab (Paralithodes In waters of the EEZ with:
platypus) (1) a northern boundary of 62[deg]
N. lat.,
(2) a southern boundary of 58[deg]30' N. lat., and
(3) a western boundary of the maritime Boundary Agreement
Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime
Boundary Agreement Line as depicted on NOAA Chart No. 513
(6\th\ edition, February 23, 1991) and NOAA Chart No. 514
(6\th\ edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAI Western Aleutian Islands red king crab In waters of the EEZ with:
(Paralithodes camtshaticus) (1) an eastern boundary the longitude 179[deg]
W. long.,
(2) a western boundary of the maritime Boundary Agreement
Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime
Boundary Agreement Line as depicted on NOAA Chart No. 513
(6\th\ edition, February 23, 1991) and NOAA Chart No. 514
(6\th\ edition, February 16, 1991), and
(3) a northern boundary of a line from the latitude of
55[deg]30' N. lat., then west to the maritime Boundary
Agreement Line as that line is described in the text of and
depicted in the annex to the Maritime Boundary Agreement
between the United States and the Union of Soviet Socialist
Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart
No. 513 (6\th\ edition, February 23, 1991) and NOAA Chart No.
514 (6\th\ edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 63312]]
Table 2 to Part 680--Crab Species Codes
----------------------------------------------------------------------------------------------------------------
Species Code Species Description
------------------------------------------------------------------------------
900 Box Lopholithodes mandtii
----------------------------------------------------------------------------------------------------------------
910 Dungeness Cancer magister
----------------------------------------------------------------------------------------------------------------
921 Red king crab Paralithodes camtshaticus
----------------------------------------------------------------------------------------------------------------
922 Blue king crab Paralithodes platypus
----------------------------------------------------------------------------------------------------------------
923 Golden (brown) king crab Lithodes aequispinus
----------------------------------------------------------------------------------------------------------------
924 Scarlet king crab Lithodes couesi
----------------------------------------------------------------------------------------------------------------
931 Tanner crab Chionoecetes bairdi
----------------------------------------------------------------------------------------------------------------
932 Snow crab Chionoecetes opilio
----------------------------------------------------------------------------------------------------------------
933 Grooved Tanner crab Chionoecetes tanneri
----------------------------------------------------------------------------------------------------------------
934 Triangle Tanner crab Chionoecetes angulatus
----------------------------------------------------------------------------------------------------------------
940 Korean horsehair crab Erimacrus isenbeckii
----------------------------------------------------------------------------------------------------------------
951 Multispinus crab Paralomis multispinus
----------------------------------------------------------------------------------------------------------------
953 Verrilli crab Paralomis verrilli
----------------------------------------------------------------------------------------------------------------
Table 3a to Part 680--Crab Delivery Condition Codes
(The condition of the fish or shellfish at the point it is weighed and
recorded on the ADF&G fish ticket)
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
01 Whole crab, live
------------------------------------------------------------------------
79 Deadloss
------------------------------------------------------------------------
Table 3b to Part 680--Crab Disposition or Product Codes
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
80 Sections
------------------------------------------------------------------------
95 Personal use -
not
sold
------------------------------------------------------------------------
97 Other retained product
(specify condition)
------------------------------------------------------------------------
Table 4 to Part 680--Crab Process Codes
------------------------------------------------------------------------
Process Code Description
------------------------------------------------------------------------
1 Fresh
------------------------------------------------------------------------
18 Fresh/vacuum pack
------------------------------------------------------------------------
2 Frozen
------------------------------------------------------------------------
21 Frozen/block
------------------------------------------------------------------------
22 Frozen/shatter pack
------------------------------------------------------------------------
28 Frozen/vacuum pack
------------------------------------------------------------------------
3 Salted/brined
------------------------------------------------------------------------
6 Cooked
------------------------------------------------------------------------
7 Live
------------------------------------------------------------------------
0 Other (specify)
------------------------------------------------------------------------
Table 5 to Part 680--Crab Size
------------------------------------------------------------------------
Size Code Description
------------------------------------------------------------------------
1 Standard or large sized
crab or crab sections.
------------------------------------------------------------------------
2 Smaller size crab or crab
sections, e.g., snow crab
less than 4 inches.
------------------------------------------------------------------------
Table 6 to Part 680--Crab Grade
------------------------------------------------------------------------
Grade Code Description
------------------------------------------------------------------------
1 Standard or premium
quality crab or crab
sections.
------------------------------------------------------------------------
2 Lower quality product,
e.g., dirty shelled crab
or a pack that is of
lower quality than No. 1
crab.
------------------------------------------------------------------------
[[Page 63313]]
Table 7 to Part 680--Eligibility for Initial Issuance of Crab QS by Crab QS Fishery
----------------------------------------------------------------------------------------------------------------
Column B: Column C: Column D: Recent
Qualifying Years Qualifying Years Participation Column E: Subset
Column A: Crab QS Fisheries for CVO and CPO for CVC and CPC Seasons for CVC and of Qualifying
QS QS CPC QS Years
----------------------------------------------------------------------------------------------------------------
For each crab QS fishery the CVO and CPO QS CVC and CPC QS In addition, each The maximum
Regional Administrator shall for any for any person receiving number of
calculate (see Sec. qualified person qualified person CVC or CPC QS, qualifying years
680.4(c)(2)): based on that based on that must have made at that can be used
person's total person's legal least one landing to calculate QS
legal landings landings on the as recorded on a for each QS
of crab in each State of Alaska State of Alaska fishery are:
of the crab QS fish ticket fish ticket in at
fisheries for during: least 2 of the
any: last 3 fishing
seasons in each of
the crab QS areas
as those seasons
are described
below:
1. Eastern Aleutian Islands golden ................. ................. ................... .................
(brown) king crab (EAG) 5 years of the 5- 3 years of the 5- (1) September 1 5 for CVO and CPO
year base period year base period 1999 through QS; and 3 for
beginning on: beginning on: October 25, 1999. CVC and CPC QS.
(1) September 1, (1) September 1, (2) August 15,
1996 through 1996 through 2000 through
December 25, December 25, September 24,
1996; 1996; 2000.
(2) September 1, (2) September 1, (3) August 15,
1997 though 1997 though 2001 through
November 24, November 24, September 10,
1997; 1997; 2001.
(3) September 1, (3) September 1,
1998 through 1998 through
November 7, November 7,
1998; 1998;
(4) September 1, (4) September 1,
1999 through 1999 through
October 25, October 25,
1999; and 1999; and
(5) August 15, (5) August 15,
2000 through 2000 through
September 24, September 24,
2000. 2000.
----------------------------------------------------------------------------------------------------------------
2. Western Aleutian Islands golden ................. ................. ................... .................
(brown) king crab (WAG) 5 years of the 3 years of the (1) September 1 5 for CVO and CPO
5-year base 5-year base 1999 through QS; and 3 for
period beginning period beginning August 14, 2000. CVC and CPC QS.
on: on: (2) August 15,
(1) September 1, (1) September 1, 2000 through March
1996 through 1996 through 28, 2001.
August 31, 1997; August 31, 1997; (3) August 15 2001
(2) September 1, (2) September 1, through March 30,
1997 though 1997 though 2002.
August 31, 1998; August 31, 1998;
(3) September 1, (3) September 1,
1998 through 1998 through
August 31, 1999; August 31, 1999;
(4) September 1, (4) September 1,
1999 through 1999 through
August 14, 2000; August 14, 2000;
and and
(5) August 15, (5) August 15,
2000 through 2000 through
March 30, 2001. March 30, 2001.
----------------------------------------------------------------------------------------------------------------
[[Page 63314]]
3. Bering Sea Tanner crab (BST) ................. ................. in any 2 of the .................
4 years of the 3 years of the last 3 seasons 4 for CVO and CPO
6-year 6-year prior to June 10, QS;and 3 for CVC
period beginning period beginning 2002 in the and CPC QS.
on: on: Eastern Aleutian
(1) November 15, (1) November 15, Island golden
1992 through 1992 through (brown) king crab,
March 31, 1993; March 31, 1993; Western Aleutian
(2) November 1, (2) November 1, Island golden
1993 through 1993 through (brown) king crab,
November 10, November 10, Bering Sea C.
1993; 1993; opilio crab, or
(3) November 20, (3) November 20, Bristol Bay red
1993 through 1993 through king crab
January 1, 1994; January 1, 1994; fisheries.
(4) November 1, (4) November 1,
1994 through 1994 through
November 21, November 21,
1994; 1994;
(5) November 1, (5) November 1,
1995 through 1995 through
November 16, November 16,
1995; and 1995; and
(6) November 1, (6) November 1,
1996 through 1996 through
November 5, 1996 November 5, 1996
and November 15, and November 15,
1996 through 1996 through
November 27, November 27,
1996. 1996.
----------------------------------------------------------------------------------------------------------------
4. Bering Sea snow crab (BSS) ................. ................. ................... .................
4 years of the 5- 3 years of the 5- (1) April 1, 2000 4 for CVO and CPO
year period year period through April 8, QS; and 3 for
beginning on: beginning on: 2000. CVC and CPC QS.
(1) January 15, (1) January 15, (2) January 15,
1996 through 1996 through 2001 through
February 29, February 29, February 14, 2001.
1996; 1996; (3) January 15,
(2) January 15, (2) January 15, 2002 through
1997 through 1997 through February 8, 2002.
March 21, 1997; March 21, 1997;
(3) January 15, (3) January 15,
1998 through 1998 through
March 21, 1998; March 21, 1998;
(4) January 15, (4) January 15,
1999 through 1999 through
March 22, 1999; March 22, 1999;
and and
(5) April 1, (5) April 1,
2000 through 2000 through
April 8, 2000. April 8, 2000.
----------------------------------------------------------------------------------------------------------------
5. Bristol Bay red king crab (BBR) ................. ................. ................... .................
4 years of the 5- 3 years of the 5- (1) October 16, 4 for CVO and CPO
year QS base year QS base 2000 through QS; and 3 for
period beginning period beginning October 20, 2000. CVC and CPC QS.
on: on: (2) October 15,
(1) November 1, (1) November 1, 2001 though
1996 through 1996 through October 18, 2001.
November 5, November 5, (3) October 15,
1996; 1996; 2002 though
(2) November 1, (2) November 1, October 18, 2002.
1997 through 1997 through
November 5, November 5,
1997; 1997;
(3) November 1, (3) November 1,
1998 through 1998 through
November 6, November 6,
1998; 1998;
(4) October 15, (4) October 15,
1999 through 1999 through
October 20, October 20,
1999; and 1999; and
(5) October 16, (5) October 16,
2000 through 2000 through
October 20, October 20,
2000. 2000.
----------------------------------------------------------------------------------------------------------------
[[Page 63315]]
6. Pribilof red king and blue king ................. ................. in any 2 of the .................
crab (PIK) 4 years of the 5- 3 years of the 5- last 3 seasons 4 for CVO and CPO
year period year period prior to June 10, QS; and 3 for
beginning on: beginning on: 2002 in the CVC and CPC QS.
(1) September (1) September Eastern Aleutian
15, 1994 through 15, 1994 through Island golden
September 21, September 21, (brown) king crab,
1994; 1994; Western Aleutian
(2) September (2) September Island golden
15, 1995 through 15, 1995 through (brown) king crab,
September 22, September 22, Bering Sea C.
1995; 1995; opilio crab, or
(3) September (3) September Bristol Bay red
15, 1996 through 15, 1996 through king crab
September 26, September 26, fisheries, except
1996; 1996; that persons
(4) September (4) September applying for an
15, 1997 through 15, 1997 through allocation to
September 29, September 29, receive QS based
1997; and 1997; and on legal landings
(5) September (5) September made aboard a
15, 1998 through 15, 1998 through vessel less than
September 28, September 28, 60' LOA at the
1998. 1998. time of harvest
are exempt from
this requirement.
----------------------------------------------------------------------------------------------------------------
7. St. Matthew blue king crab ................. ................. in any 2 of the .................
(SMB) 4 years of the 5- 3 years of the last 3 seasons 4 for CVO and CPO
year period 5-year prior to June 10, QS; and 3 for
beginning on: period beginning 2002 in the CVC and CPC QS.
(1) September on: Eastern Aleutian
15, 1994 through (1) September Island golden
September 22, 15, 1994 through (brown) king crab,
1994; September 22, Western Aleutian
(2) September 1994; Island golden
15, 1995 through (2) September (brown) king crab,
September 20, 15, 1995 through Bering Sea C.
1995; September 20, opilio crab, or
(3) September 1995; Bristol Bay red
15, 1996 through (3) September king crab
September 23, 15, 1996 through fisheries.
1996; September 23,
(4) September 1996;
15, 1997 through (4) September
September 22, 15, 1997 through
1997; and September 22,
(5) September 1997; and
15, 1998 through (5) September
September 26, 15, 1998 through
1998. September 26,
1998.
----------------------------------------------------------------------------------------------------------------
8. Western Aleutian Islands red ................. ................. in any 2 of the .................
king crab (WAI) 3 years of the 4- 3 years of the last 3 seasons 3 for CVO and CPO
year period 4-year prior to June 10, QS; and 3 for
beginning on: period beginning 2002 in the CVC and CPC QS.
(1) November 1, on: Eastern Aleutian
1992 through (1) November 1, Island golden
January 15, 1992 through (brown) king crab,
1993; January 15, Western Aleutian
(2) November 1, 1993; Island golden
1993 through (2) November 1, (brown) king crab,
February 15, 1993 through Bering Sea C.
1994; February 15, opilio crab, or
(3) November 1, 1994; Bristol Bay red
1994 through (3) November 1, king crab
November 28, 1994 through fisheries.
1994; and November 28,
(4) November 1, 1994; and
1995 through (4) November 1,
February 13, 1995 through
1996. February 13,
1996.
----------------------------------------------------------------------------------------------------------------
Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS Fishery
------------------------------------------------------------------------
Crab QS Fishery Initial QS Pool Initial PQS Pool
------------------------------------------------------------------------
EAG -
Eastern Aleutian 10,000,000 10,000,000
Islands golden king crab
------------------------------------------------------------------------
WAG -
Western Aleutian 40,000,000 40,000,000
Islands golden (brown) king
crab
------------------------------------------------------------------------
BST -
Bering Sea Tanner 200,000,000 200,000,000
crab C. bairdi
------------------------------------------------------------------------
BSS -
Bering Sea snow crab 1,000,000,000 1,000,000,000
C. opilio
------------------------------------------------------------------------
BBR -
Bristol Bay red king 400,000,000 400,000,000
crab
------------------------------------------------------------------------
[[Page 63316]]
PIK -
Pribilof Islands red 30,000,000 30,000,000
and blue king crab
------------------------------------------------------------------------
SMB -
St. Matthew blue 30,000,000 30,000,000
king crab
------------------------------------------------------------------------
WAI -
Western Aleutian 60,000,000 60,000,000
Islands red king crab
------------------------------------------------------------------------
Table 9 to Part 680--Eligibility for Initial Issuance of Crab PQS by Crab QS Fishery
----------------------------------------------------------------------------------------------------------------
Column A: For each crab QS fishery
the Regional Administrator shall Column B: PQS for any qualified person based on that person's total legal
calculate: processing of crab in each of the crab QS fisheries for any...
----------------------------------------------------------------------------------------------------------------
Eastern Aleutian Island golden 4 years of the 4-year base period beginning on:
(brown) king crab (EAG) (1) September 1, 1996 through December 25, 1996;
(2) September 1, 1997 though November 24, 1997;
(3) September 1, 1998 through November 7, 1998; and
(4) September 1, 1999 through October 25, 1999.
----------------------------------------------------------------------------------------------------------------
Western Aleutian Island golden 4 years of the 4-year base period beginning on:
(brown) king crab (WAG) (1) September 1, 1996 through August 31, 1997;
(2) September 1, 1997 though August 31, 1998;
(3) September 1, 1998 through August 31, 1999; and
(4) September 1, 1999 through August 14, 2000.
----------------------------------------------------------------------------------------------------------------
Bering Sea C. bairdi crab (BST) Equivalent to 50 percent of the total legally processed crab in the Bering
Sea C. opilio fishery during the qualifying years established for the QS
fishery; and 50 percent of the totally legally processed crab in the
Bristol Bay red king crab fishery during the qualifying years established
for that crab QS fishery.
----------------------------------------------------------------------------------------------------------------
Bering Sea C. opilio crab (BSS) 3 years of the 3-year period beginning on:
(1) January 15, 1997 through March 21, 1997;
(2) January 15, 1998 through March 21, 1998; and
(3) January 15, 1999 through March 22, 1999.
----------------------------------------------------------------------------------------------------------------
Bristol Bay red king crab (BBR) 3 years of the 3-year QS base period beginning on:
(1) November 1, 1997 through November 5, 1997;
(2) November 1, 1998 through November 6, 1998; and
(3) October 15, 1999 through October 20, 1999.
----------------------------------------------------------------------------------------------------------------
Pribilof Islands red and blue king 3 years of the 3-year period beginning on:
crab (PIK) (1) September 15, 1996 through September 26, 1996;
(2) September 15, 1997 through September 29, 1997; and
(3) September 15, 1998 through September 28, 1998.
----------------------------------------------------------------------------------------------------------------
St. Matthew blue king crab (SMB) 3 years of the 3-year period beginning on:
(1) September 15, 1996 through September 23, 1996;
(2) September 15, 1997 through September 22, 1997; and
(3) September 15, 1998 through September 26, 1998.
----------------------------------------------------------------------------------------------------------------
Western Aleutian Islands red king Equivalent to the total legally processed crab in the Western Aleutian
crab (WAI) Islands golden (brown) king crab fishery during the qualifying years
established for that crab QS fishery.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 04-24103 Filed 10-28-04; 8:45 am]
BILLING CODE 3510-22-S