[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Proposed Rules]
[Page 16830-16835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-39]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
[Docket No. 080129098-8101-01]
RIN 0648-AW45
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Crab Rationalization Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations implementing Amendment 26 to the
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner
Crabs (FMP). These proposed
[[Page 16831]]
regulations would amend the Bering Sea/Aleutian Islands Crab
Rationalization Program. Amendment 26 would amend the FMP to exempt
permanently quota share issued to crew members, and the annual harvest
privileges derived from that quota share, from requirements for
delivery to specific processors, delivery within specific geographic
regions, and participation in an arbitration system to resolve price
disputes. This action is intended to promote the goals and objectives
of the Magnuson-Stevens Fishery Conservation and Management Act, the
FMP, and other applicable law.
DATES: Comments must be received no later than May 15, 2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
AW45, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of Amendment 26, the Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA) prepared for this action, and
the Environmental Impact Statement (EIS) prepared for the Crab
Rationalization Program may be obtained from the NMFS Alaska Region at
the address above or from the Alaska Region website at http://
www.fakr.noaa.gov/sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228,
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: The king and Tanner crab fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands (BSAI)
are managed under the FMP. The FMP was prepared by the North Pacific
Fishery Management Council (Council) under the Magnuson-Stevens Fishery
Conservation and Management Act as amended by the Consolidated
Appropriations Act of 2004 (Public Law 108-199, section 801).
Amendments 18 and 19 to the FMP implemented the BSAI Crab
Rationalization Program (Program). Regulations implementing Amendments
18 and 19 were published on March 2, 2005 (70 FR 10174) and are located
at 50 CFR part 680.
Crab Rationalization Program Overview
Under the Program, NMFS issued four types of quota share (QS) to
persons based on their qualifying harvest histories in the BSAI crab
fisheries during a specific period of time defined under the Program.
The first two types of QS were issued to holders of license limitation
program (LLP) licenses endorsed for a crab fishery. Catcher/processor
LLP license holders were issued catcher/processor vessel owner (CPO) QS
based on the catch history of catcher processors using an LLP license,
and catcher vessel LLP license holders were issued catcher vessel owner
(CVO) QS based on the catch history of catcher vessels using an LLP
license. Under the Program, 97 percent of the QS was initially issued
as CVO and CPO QS. The remaining 3 percent of the QS was initially
issued to vessel captains and crew as ``C shares,'' based on their
harvest histories as crew members onboard crab fishing vessels.
Captains and crew onboard catcher/processor vessels were issued
catcher/processor crew (CPC) QS; and captains and crew onboard catcher
vessels were issued catcher vessel crew (CVC) QS.
Each year, the QS issued to a person yields an amount of individual
fishing quota (IFQ), which is a permit that provides an exclusive
harvest privilege for a specific amount of raw crab pounds, in a
specific crab fishery, in a given season. The size of each annual IFQ
allocation is based on the amount of QS held by a person in relation to
the total QS pool in a crab fishery. As an example, a person holding QS
equal to one percent of the QS pool in a crab fishery would receive IFQ
to harvest 1 percent of the annual total allowable catch (TAC) in that
crab fishery. NMFS can issue the resulting IFQ to the QS holder
directly, or to a crab harvesting cooperative comprised of multiple QS
holders. Crab harvesting cooperatives have been used extensively by QS
holders to allow them to receive a larger IFQ pool and coordinate
deliveries and price negotiations among numerous vessels. Most QS
holders, including CVC and CPC QS holders, have joined cooperatives in
the first two years of the Program, and are likely to continue to do so
because of the economic and administrative benefits of consolidating
their IFQ.
The IFQ derived from CPO and CPC QS may be harvested and processed
at sea and is not required to be delivered to a specific onshore
processor or stationary floating crab processor, or within a specific
geographic region. However, the IFQ derived from CVO QS is subject to
(1) delivery requirements to a specific onshore processor or stationary
floating crab processor, (2) delivery within specific geographic
regions, also known as regionalization, and (3) requirements to
participate in an arbitration system. The IFQ derived from CVC QS must
be delivered to onshore or stationary floating crab processors, but is
currently exempt from delivery requirements to specific processors,
regionalization requirements, and requirements to participate in the
arbitration system. However, under the existing regulations, CVC QS and
the resulting IFQ will be subject to the same delivery,
regionalization, and arbitration system requirements as CVO QS/IFQ
after June 30, 2008.
When the Program was adopted in 2004, the Council recommended
regularly scheduled reviews of the Program 18 months, three years, and
five years after its implementation to assess specific issues.
Beginning in February 2007, Council staff began preparation of the 18-
month review. Among other issues examined during this review, Council
staff provided a summary of the key issues and concerns relevant to
applying delivery, regionalization, and arbitration system requirements
to CVC QS/IFQ holders. Members of the public noted that applying these
requirements to CVC QS/IFQ holders after June 30, 2008, would limit
their ability to address logistical complications, not provide
flexibility for CVC IFQ holders to deliver to alternative markets if
desired, substantially increase the costs of operation, and not provide
substantial additional stability to processors and communities. Based
on these concerns, in April 2007, the Council tasked staff to prepare
an analysis that would review the implications of permanently exempting
CVC QS/IFQ from delivery, regionalization, and arbitration system
requirements. The Council deliberated over the issue at subsequent
meetings, and in December 2007, recommended
[[Page 16832]]
permanently exempting CVC QS/IFQ from all three of these Program
requirements.
Effects of the Proposed Action
The following sections describe the Council's rationale for
delaying the application of delivery, regionalization, and the
arbitration system requirements to CVC QS/IFQ until June 30, 2008, the
effect of applying those requirements to CVC QS/IFQ after June 30,
2008, and the rationale provided by the Council for recommending a
permanent exemption for CVC QS/IFQ from these requirements.
Processor delivery requirements. Existing processor delivery
regulations recognize the historic participation of processors and
communities dependent on crab processing in the BSAI crab fisheries by
requiring that a portion of the annual TAC be delivered to specific
onshore or stationary floating crab processors. A detailed description
of the rationale for linking harvesters and processors in this manner
is described in detail in the EIS prepared for the Program and the RIR/
IRFA prepared for this proposed action (see ADDRESSES).
After considering a range of alternatives, the Council recommended
and NMFS implemented regulations that require 90 percent of the IFQ
derived from CVO and CVC QS be delivered to onshore processors. This
requirement ensures a linkage between harvesters who historically
delivered onshore and specific processors. The Program established this
linkage by issuing processor quota shares (PQS) to processors with
historic participation in crab processing during a specific period. PQS
yields individual processor quota (IPQ) on an annual basis that
represents a privilege to receive a certain amount of crab harvested.
Currently, 90 percent of the IFQ derived from CVO QS holders is issued
as Class A IFQ. NMFS issues one pound of IPQ for each pound of Class A
IFQ, creating a one-to-one correspondence between Class A IFQ and IPQ.
The remaining 10 percent of the annual CVO IFQ are issued as Class B
IFQ, which may be delivered to any processor and are not required to be
delivered to a processor with unused IPQ.
The Council also recommended that because CVC QS was generated
based on deliveries to onshore or stationary floating crab processors,
it also should be issued as 90 percent Class A IFQ and 10 percent Class
B IFQ. In addition to the Class A and B IFQ issuance requirements for
CVC IFQ, the Council recommended and the Program implements limits on
the ability of CVC QS holders to transfer, or lease, their CVC IFQ to
other persons. This limitation was intended to ensure that CVC QS
holders who received their QS by participating as captains and crew on
crab vessels continued to be active participants onboard vessels in
order to receive the benefits of their CVC IFQ. The Council recognized
that logistical complications and confusion likely would arise early in
the Program as a result of the interaction of the requirement that
limits the ability to lease CVC IFQ and the requirement that 90 percent
of that CVC IFQ would be issued as Class A IFQ and would be subject to
processor delivery. The Council recognized that these complications
could be exacerbated with the anticipated fleet contraction occurring
under the Program.
To facilitate CVC QS/IFQ holders and reduce the complex process of
matching of Class A IFQ to specific processors with IPQ, the Program
exempted CVC IFQ from issuance as Class A/B IFQ and the prohibitions on
CVC IFQ leasing for the first three crab fishing years. The Council
indicated that this three year period, which expires on June 30, 2008
(see 50 CFR 680.41(e) and 50 CFR 680.42(b)(6) and (c)(5)) should
provide CVC QS/IFQ holders time to adapt to the Program before phasing
in these additional restrictions. Further, the Council recommended that
the appropriateness of applying Class A and B IFQ restrictions should
be reviewed 18 months after the implementation of the Program. The
Council anticipated that applying these restrictions to CVC QS may not
be necessary to achieve the goals of providing additional stability to
the processing sector and communities, and could impose additional
costs and complexity on CVC QS/IFQ holders. The Council recognized that
the effect on processor and community stability could be minimal given
the small allocation of CVC QS (i.e., not greater than three percent of
the total QS pool in any fishery) and that only 90 percent of the
resulting CVC IFQ would be subject to issuance as Class A IFQ and be
subject to delivery to specific processors holding IPQ.
The RIR/IRFA prepared for this proposed action by Council and NMFS
staff indicates that the application of Class A IFQ delivery
requirements to CVC IFQ would logistically complicate use of those
shares (see ADDRESSES). In the first two years of the Program, many
harvesters have asserted that logistical demands in the crab fisheries
are greatly increased when coordinating landings of Class A IFQ under
the delivery and regional landing requirements. Specifically,
individual CVC IFQ holders who are not participating in a crab
harvesting cooperative would be forced to compete for delivery with
holders of CVO IFQ shares to specific processors holding IPQ. CVO IFQ
holders are likely to be in a much better negotiating position with
respect to processors because of their relatively large share holdings
(i.e., vessel owner shares are allocated 97 percent of the QS pool).
Given the relatively large number of CVC IFQ holders compared to CVO
IFQ holders, this would require extensive efforts and create additional
complications to coordinate the time critical linkages with a
processor's IPQ before fishing begins. Public testimony received during
the Council's deliberations noted these concerns and asserted that the
potential advantages to processors and communities by establishing
these delivery requirements were outweighed by the additional costs
that CVC QS/IFQ holders would incur. Public testimony from processors
and communities with processing facilities did not dispute this
assertion and supported permanently exempting CVC QS from the
requirements that it be issued as Class A and B IFQ.
Permanently extending the exemption of the Class A/B IFQ delivery
requirements to CVC QS/IFQ holders would not be anticipated to have
adverse effects on other participants given the limited number of these
shares relative to CVO, CPO, and CPC QS/IFQ. Adding the Class A IFQ to
CVC IFQ, which is less than three percent of the total annual IFQ
issued, would not have an appreciable effect on processor stability or
substantially benefit specific communities with processing facilities.
This is further supported by the fact that CVC QS/IFQ has been exempt
from the Class A IFQ delivery requirement for the first three years of
the Program and no negative effects were indicated in the RIR/IRFA.
Public testimony provided during Council review of this issue did not
indicate that there would be negative effects on processors or
communities as a result of a permanent exemption from Class A/B
designation for CVC IFQ.
Additionally, based on a review of recent harvest patterns provided
in the draft RIR/IRFA, it appears as though CVC IFQ delivery patterns
are similar to those of Class A IFQ. These patterns could change in the
future so that CVC IFQ would be more likely to be delivered
independently of Class A IFQ to other markets; however, given the
relatively small percentage of the total landings that are assigned to
CVC IFQ onboard a vessel, it is unlikely to expect delivery patterns
for CVC IFQ to differ from the delivery patterns currently observed.
Furthermore, even if the
[[Page 16833]]
delivery patterns of CVC IFQ did change in the future, it is not clear
that a shift in such a relatively small amount of IFQ would have an
appreciable effect on overall processor operations or deliveries to
specific communities.
Regionalization. In addition to processor share landing
requirements, Class A IFQ and IPQ are subject to regional landing
requirements. Those shares must be landed and processed in specified
geographic regions. Those regions are described in the EIS prepared for
the Program and the RIR/IRFA prepared for this action (see ADDRESSES).
The Class A IFQ regional delivery requirements vary depending on the
specific crab fishery but generally ensure that a portion of the catch
is delivered within areas that have communities that are active in crab
processing. For most crab fisheries, there are two regions. One region
is typically considered the more remote region. The requirement to land
within the more remote region provides some assurance that the small
number of processors and communities historically active within that
region will continue to receive catch that could otherwise be diverted
to the less remote region thereby disadvantaging the more remote region
relative to those other processors or communities.
If CVC IFQ were subject to a Class A/B IFQ designation, then 90
percent of the CVC IFQ would be defined as Class A IFQ and therefore
subject to regionalization. Because the Program exempted CVC IFQ from a
Class A/B IFQ designation through June 30, 2008, to reduce the initial
complexities of matching shares and for the other reasons mentioned in
the previous section, CVC IFQ also was exempted from regionalization.
If CVC QS/IFQ were subject to the Class A/B IFQ designation, the
Class A CVC IFQ would be subject to regionalization, and a greater
proportion of the catch would have to be landed in specific geographic
regions. The amount of additional pounds that would be subject to
regionalization and landed within each region would vary. The net
effect of regionalizing CVC IFQ is that less than three percent of the
total IFQ issued in a crab fishery would be subject to regionalization.
This is because three percent of the IFQ may be issued as CVC or CPC
IFQ. A portion of the three percent of the IFQ issued as CVC and CPC
IFQ in a crab fishery would be comprised of CVC IFQ. The relative
amount of CPC and CVC IFQ issued varies among the crab fisheries and is
described in the RIR/IRFA prepared for this proposed action (see
ADDRESSES). Only 90 percent of the IFQ issued as CVC IFQ would be
issued as Class A IFQ that is subject to regionalization.
It is difficult to predict whether applying regional delivery
requirements to CVC IFQ would have an impact on existing delivery
patterns within a given region for a specific crab fishery. Based on
data in the RIR/IRFA from the first two years of the Program, CVC IFQ
has had delivery patterns very similar to CVO Class A IFQ for a variety
of reasons. These include economic inefficiencies when establishing
markets for CVC IFQ separate from CVO Class A IFQ given the relatively
small amounts of CVC IFQ, the need to use CVC IFQ to accommodate unique
situations such as icing conditions and the loss of a floating
processor during the early part of the C. opilio fishery in 2006, and
the operational inefficiencies that can result when attempting to make
deliveries of CVC IFQ distinct from CVO IFQ.
Given the high level of crab cooperative membership among all QS
holders (including CVC QS holders), it is likely that most CVC QS
holders will continue to cooperate with CVO QS holders and pool their
IFQ in a cooperative. This coordinated management makes it likely that
CVC IFQ assigned to a cooperative would be delivered in coordination
with CVO Class A IFQ assigned to a cooperative. It is possible that
permanently exempting CVC IFQ from regionalization could encourage
cooperatives to combine their CVC IFQ with CVO Class B IFQ for delivery
to markets outside of the region designated for the CVO Class A IFQ.
However, it is not possible to predict whether such a shift in delivery
patterns will occur. Given the fact that CVC IFQ is currently exempt
from regionalization, and CVC IFQ is delivered in conjunction with CVO
Class A IFQ currently, it is not clear if a continuing exemption from
regionalization requirements would have any noticeable effect on the
overall delivery of CVC IFQ within a given region. However, permanently
exempting CVC IFQ from regionalization requirements could provide
opportunities to CVC IFQ holders to use additional markets that would
be foreclosed if those shares are subject to regionalization.
Arbitration System. To aid participants in resolving price and
delivery disputes that may arise among Class A IFQ and IPQ holders, the
Council developed an arbitration system. Regulations require that Class
A IFQ and IPQ holders join private arbitration organizations. These
arbitration organizations, in turn, must enter into contracts that
define the procedure for resolving price disputes. The arbitration
system serves several functions to resolve price and delivery disputes
including establishing a mechanism for the orderly matching of Class A
IFQ with IPQ, developing a market report and non-binding price formula
to inform price negotiations, and providing a binding arbitration
procedure to resolve impasses in negotiations. A more complete
description of the arbitration system is provided in the RIR/IRFA
prepared for this action and the EIS prepared for the Program (see
ADDRESSES).
Since the arbitration system applies only to Class A IFQ, the
existing exemption of CVC IFQ from Class A/B IFQ designation
effectively exempts CVC IFQ from the arbitration system. If the Class
A/B IFQ designation is applied to CVC QS, then participation in the
arbitration system would be mandatory for CVC QS/IFQ holders.
Participation in the arbitration system costs money and can require
involvement in complex negotiations should disputes need to be resolved
through binding arbitration.
Arbitration organization fees are borne by its members. Currently,
the arbitration organization for harvesters charges each member $500.
Whether a discounted rate would be offered to CVC QS/IFQ holders
because of their relatively small share holdings is not known and would
need to be determined by the arbitration organization. It is possible
that costs could decline over time as the administrative aspects of the
arbitration system become more established. Other general costs for the
arbitration system, including hiring arbitrators and preparing the
market report and non-binding price formula, are split evenly between
the harvesting and the processing sectors. Based on experience from the
first two years of the Program, it is likely that administrative costs
of the arbitration program will remain less than one-half cent per
pound of delivered product in the future.
In addition to the administrative aspects of the arbitration
system, CVC QS/IFQ holders may also have costs related to their
participation in a binding arbitration proceeding. These costs can be
incurred either individually or through collective action with other
Class A IFQ holders who are in a cooperative with the CVC QS holder.
Individual participation by CVC QS holders who are not members of a
cooperative would be costly and likely would be ineffective because of
the administrative complexity and substantive challenges of
participation in a binding arbitration. Collective participation allows
the pooling of resources and information, thereby
[[Page 16834]]
reducing the individual burden of participation in a binding
arbitration. Many fishermen believe that professional representation is
necessary to guide negotiations due to the complexity of the system and
the expense of gathering market information needed for effective
negotiation. Harvester cooperatives have coordinated binding
arbitration negotiations through an inter-cooperative agreement, the
Inter-Cooperative Exchange, which has helped distribute these costs.
Whether CVC QS holders would be charged for participation in the Inter-
Cooperative Exchange at the same level as holders of CVO or CPO QS, or
at a discounted rate, is not known, and would be at the discretion of
the harvesters participating in the binding arbitration.
At a minimum, applying arbitration system requirements to CVC QS/
IFQ holders would increase their costs of operation. Depending on the
relative size of their quota holdings, these additional costs could
represent a substantial portion of the value derived from their quota.
In the extreme, these additional costs could outweigh the value derived
from the quota and make it unprofitable to participate in the fishery.
It is not possible to predict the number of persons who might be in
such a position due to the potential variability in arbitration costs,
exvessel values, and quota share holdings applicable to each person.
Summary. The Council recommended, and this proposed rule would
implement, a permanent exemption to delivery, regionalization, and
arbitration system requirements for CVC QS/IFQ holders. As described in
greater detail in the previous section and the RIR/IRFA prepared for
this action, this proposed rule would permanently extend the existing
exemption to avoid the additional costs and complexity that will result
to CVC QS/IFQ holders and the very limited benefits that may accrue to
some processors and communities if the delivery, regionalization, and
arbitration system requirements were applied to CVC QS/IFQ.
NMFS is proposing to modify the Program regulations to remove all
instances that either require or refer to CVC IFQ being redesignated as
Class A/B IFQ after June 30, 2008. These references occur in regulatory
text at 50 CFR 680.2, 680.20, 680.21, 680.40, and 680.42.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this proposed rule is consistent with Amendment 26, the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable
laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared that describes the impact this proposed rule
would have on small entities. Copies of the RIR/IRFA prepared for this
proposed rule are available from NMFS (see ADDRESSES). The RIR/IRFA
prepared for this proposed rule incorporates by reference an extensive
RIR/IRFA prepared for Amendments 18 and 19 to the FMP that detailed the
impacts of the Program on small entities.
The IRFA for this proposed action describes the action; describes
in detail the reasons why this action is being proposed; describes the
objectives and legal basis for the proposed rule; describes and
estimates the number of small entities to which the proposed rule would
apply; describes any projected reporting, record keeping, or other
compliance requirements of the proposed rule; identifies any
overlapping, duplicative, or conflicting Federal rules; and describes
any significant alternatives to the proposed rule that accomplish the
stated objectives of the Magnuson-Stevens Act and any other applicable
statutes, and that would minimize any significant adverse economic
impact of the proposed rule on small entities.
The description of the proposed action, its purpose, and its legal
basis are described in the preamble and are not repeated here. All of
the directly regulated entities under this proposed rule are
individuals. Only individuals can hold CVC QS/IFQ, and only regulations
applicable to CVC QS/IFQ would be modified by this action. The IRFA
estimates that currently 219 individuals hold CVC QS/IFQ and would be
directly regulated by the proposed action. The IRFA notes that
estimates of the number of small CVC QS/IFQ holders under the Program
are complicated by limited share holder information, but,
conservatively, the IRFA estimates that all of the individuals would be
considered small entities. The standard used by the U.S. Small Business
Administration to define a small entity involved in fish harvesting is
described in the IRFA (see ADDRESSES).
The proposed rule would not change or require additional existing
reporting, recordkeeping, and other compliance requirements. The
analysis uncovered no Federal rules that would conflict with, overlap,
or be duplicated by the alternatives under consideration.
All of the directly regulated individuals would be expected to
benefit from this action relative to the status quo alternative because
it would relieve these individuals from requirements that would
increase their costs of operation. Among the two alternatives
considered, status quo and the proposed action, the proposed action
would be the alternative that would minimize adverse economic impacts
on the individuals that are directly regulated. Only one alternative to
the status quo was deemed appropriate because the proposed action is to
permanently extend the exemption from delivery, regionalization, and
arbitration system requirements for CVC QS/IFQ holders. Additionally,
there is no information available to indicate that exempting CVC QS/IFQ
holders from delivery, regionalization, and arbitration system
requirements for a longer fixed period of time (e.g., until June 30,
2011, or June 30, 2014) would have any different effects on the
benefits or costs for communities, processors, or CVC QS/IFQ holders
that would not occur under the status quo or the permanent exemption
alternative. Because the net effect of such an alternative would not
differ from the two alternatives under consideration other than to
change the date when the delivery, regionalization, and arbitration
system requirements would apply, such an approach was briefly
considered but not analyzed as a distinct alternative. As described in
the preamble to this proposed action, it is not possible to exempt CVC
QS/IFQ holders from only one of the three requirements because
delivery, regionalization, and arbitration system requirements are
integrated and no additional alternatives were needed to analyze the
proposed action that would exempt CVC QS/IFQ holders from only one or
two of the requirements.
Although the alternatives under consideration in this action would
have distributional and efficiency impacts for individual participants,
such as reducing some operational costs for CVC QS/IFQ holders, in no
case are these impacts in the aggregate expected to be substantial.
Although neither of the alternatives has substantial negative impacts
on small entities, preferred Alternative 2 minimizes the potential
negative impacts that could arise under Alternative 1, the status quo
alternative. Differences in efficiency that could arise are likely to
affect most participants in a minor way having an overall insubstantial
impact. As a consequence, neither alternative is expected to have any
significant economic or socioeconomic impacts. Nevertheless,
[[Page 16835]]
Alternative 2 is preferable because it reduces costs of operations for
small entities to a limited degree.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries.
Dated: March 26, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 680 is
proposed to be amended as follows:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for 50 CFR part 680 is revised to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
2. In Sec. 680.2, the definitions of ``Arbitration IFQ'', and
``Arbitration QS'' are revised to read as follows:
Sec. 680.2 Definitions.
* * * * *
Arbitration IFQ means:
(1) Class A catcher vessel owner (CVO) IFQ held by a person who is
not a holder of PQS or IPQ and who is not affiliated with any holder of
PQS or IPQ, and
(2) IFQ held by an FCMA cooperative.
Arbitration QS means CVO QS held by a person who is not a holder of
PQS or IPQ and is not affiliated with any holder of PQS or IPQ.
* * * * *
3. In Sec. 680.20, paragraphs (a)(1), (b)(1)(i), the introductory
text to paragraph (c), and paragraph (e)(7) are revised to read as
follows:
Sec. 680.20 Arbitration System.
(a) * * *
(1) Arbitration System. All CVO QS, Arbitration IFQ, Class A IFQ
holders, PQS and IPQ holders must enter the contracts as prescribed in
this section that establish the Arbitration System. Certain parts of
the Arbitration System are voluntary for some parties, as specified in
this section. All contract provisions will be enforced by parties to
those contracts.
* * * * *
(b) * * *
(1) * * *
(i) Holders of CVO QS,
* * * * *
(c) Preseason requirements for joining an Arbitration Organization.
All holders of CVO QS, PQS, Arbitration IFQ, Class A IFQ affiliated
with a PQS or IPQ holder, and IPQ must join and maintain a membership
in an Arbitration Organization as specified in paragraph (d) of this
section. All holders of QS, PQS, IFQ, or IPQ identified in the
preceding sentence must join an Arbitration Organization at the
following times:
* * * * *
(e) * * *
(7) IFQ and IPQ Issuance and Selection of the Market Analyst,
Formula Arbitrator, and Contract Arbitrator(s). NMFS will not issue CVO
IFQ and IPQ for a crab QS fishery until Arbitration Organizations
establish by mutual agreement contracts with a Market Analyst, Formula
Arbitrator, and Contract Arbitrators for that fishery and notify NMFS.
* * * * *
4. In Sec. 680.21, paragraph (a)(1)(iii)(B) is revised to read as
follows:
Sec. 680.21 Crab harvesting cooperatives.
* * * * *
(a) * * *
(1) * * *
(iii) * * *
(B) Upon joining a crab harvesting cooperative for a CR fishery,
NMFS will convert all of a QS holder's QS holdings for that CR fishery
to crab harvesting cooperative IFQ.
* * * * *
5. In Sec. 680.40, paragraphs (b)(1)(ii), (b)(2)(i)(B),
(b)(2)(ii)(C), (c)(2)(v)(J), (c)(4) introductory text, (h)(2)(i),
(h)(2)(ii), and (h)(6)(ii) are revised to read as follows:
Sec. 680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing
Quota (IFQ), and Individual Processor Quota (IPQ) issuance.
* * * * *
(b) * * *
(1) * * *
(ii) Catcher Vessel Crew (CVC) QS shall be initially issued to
qualified persons defined in paragraph (b)(3) of this section based on
legal landings of unprocessed crab.
* * * * *
(2) * * *
(i) * * *
(B) South QS if the legal landings that gave rise to the QS for a
crab QS fishery were not landed in the North Region, and all CVO QS
allocated to the WAI crab QS fishery; or
* * * * *
(ii) * * *
(C) CVC QS;
* * * * *
(c) * * *
(2) * * *
(v) * * *
(J) The percentage calculated in paragraph (c)(2)(v)(I) of this
section may be adjusted according to the provisions at paragraphs
(c)(3) and (c)(4) of this section. The amount calculated in paragraph
(c)(2)(v)(H) of this section is multiplied by the percentage for each
region. These regional QS designations do not apply to CVC QS.
* * * * *
(4) Regional designation of Western Aleutian Islands golden king
crab. Fifty percent of the CVO QS that is issued in the WAG crab QS
fishery will be initially issued with a West regional designation. The
West regional designation applies to QS for delivery west of 174[deg]
W. longitude. The remaining 50 percent of the CVO QS initially issued
for this fishery is not subject to regional designation (Undesignated
QS). A person (p) who would receive QS based on the legal landings in
only one region will receive QS with only that regional designation. A
person who would receive QS with more than one regional designation for
that crab QS fishery would have his or her QS holdings regionally
adjusted on a pro rata basis as follows:
* * * * *
(h) * * *
(2) * * *
(i) QS shall yield Class A or Class B IFQ if:
(A) Initially assigned to the CVO QS sector; or
(B) Transferred to the CVO QS sector from the CPO QS sector.
(ii) The Class A/B IFQ TAC is the portion of the TAC assigned as
Class A/B IFQ under paragraphs (h)(2)(i)(A) and (B) of this section.
* * * * *
(6) * * *
(ii) CVC IFQ is not subject to regional designation.
* * * * *
6. In Sec. 680.42, paragraph (b)(6) is revised to read as follows:
Sec. 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
* * * * *
(b) * * *
(6) Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC
IFQ, or CPC IFQ permit may deliver that crab to any RCR.
* * * * *
[FR Doc. E8-6584 Filed 3-28-08; 8:45 am]
BILLING CODE 3510-22-S