[Federal Register Volume 62, Number 215 (Thursday, November 6, 1997)]
[Proposed Rules]
[Pages 60060-60061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29382]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration (NOAA)
50 CFR Part 679
[Docket No. 971015247-7247-01; I.D. 091597D]
RIN 0648-AK19
Fisheries in the Exclusive Economic Zone Off Alaska; Modify IFQ
Survivorship Transfer Provisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS proposes a regulatory amendment to the Individual Fishing
Quota (IFQ) Program for fixed gear Pacific halibut and sablefish
fisheries in and off of Alaska. This action would modify the
survivorship transfer provisions to allow heirs of deceased quota share
(QS) or IFQ holders to receive such QS or IFQ by transfer and to
transfer the resulting IFQs to any person eligible to receive IFQ for
up to 3 years following the date of a QS holder's death. This action is
necessary to extend survivorship privileges to other heirs in addition
to surviving spouses and to allow such heirs to obtain pecuniary
benefit from such IFQ. The intended effect of this action is to provide
temporary financial relief for the heirs of QS holders.
DATES: Comments on the proposed rule and Regulatory Impact Review (RIR)
must be received December 8, 1997.
ADDRESSES: Comments must be sent to the Chief, Fisheries Management
Division, Alaska Region, NMFS, Room 453, 709 West 9th Street, Juneau,
AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J.
Gravel.
FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The fixed gear halibut and sablefish fisheries are managed by the
IFQ Program, a limited access system for fixed gear Pacific halibut
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fisheries
in and off of Alaska. Under authority of the Magnuson-Stevens Fishery
Conservation and Management Act and the Northern Pacific Halibut Act of
1982 (Halibut Act), NMFS implemented the IFQ Program in 1995, on the
recommendation of the North Pacific Fishery Management Council
(Council), to reduce excessive fishing capacity in the fixed gear
Pacific halibut and sablefish fisheries, while maintaining the social
and economic character of these fisheries and the Alaskan coastal
communities where many of these fishermen are based.
Restrictions in the IFQ Program foster the transfer of QS among
fishermen qualified to fish the annual allocations of IFQ that QS
generate. These restrictions are intended to discourage excessive
consolidation and the acquisition of QS by investment speculators.
Persons who are not qualified to receive IFQ may receive QS by
transfer, but such QS would be restricted from generating IFQ that may
be used to harvest IFQ halibut or sablefish.
The Council's approved IFQ Program authorizes temporary exceptions
to the transfer restrictions. In 1996, on the authority of the transfer
provisions in the Fishery Management Plan for the Gulf of Alaska
Groundfish Fishery and the Fishery Management Plan for the Bering Sea/
Aleutian Islands Groundfish, NMFS implemented an exception to the
transfer restrictions that grants temporary transfer privileges to the
spouse of a deceased QS holder who receives QS by right of
survivorship, but is otherwise unqualified to harvest IFQ (61 FR 41523,
August 9, 1996). The exception allows the surviving spouse who receives
QS or IFQ, first, to transfer any of the current year's IFQ for the
duration of the allocation year and, second, to lease the total annual
allocations of IFQ resulting from the QS transferred by right of
survivorship for 3 calendar years from the date of the death of the
deceased holder of QS or IFQ (Sec. 679.41(k)(2)).
In October 1996, the IFQ Industry Implementation Team recommended a
proposal to extend the survivorship transfer provisions to heirs in a
deceased QS holder's immediate family, in addition to a surviving
spouse. In June 1997, the Council took final action to extend the
survivorship transfer provisions to any individual who receives QS by
right of survivorship.
This action would benefit heirs who were not initially issued QS or
who are not IFQ crew members. Without meeting those criteria,
individuals who receive QS by right of survivorship would be otherwise
ineligible to receive IFQ. The new provision would allow an individual
who receives QS by right of survivorship to transfer, for up to 3
years, the total IFQ resulting from that QS to anyone eligible to
receive IFQ and thereby obtain pecuniary benefit from the QS for that
period. The Council determined that 3 years would provide an heir with
adequate time to resolve permanently any issues that may arise due to
receiving QS or IFQ by right of survivorship, including subsequent
transfers. Upon the death of a QS or IFQ holder, the Regional
Administrator, upon application for transfer, would transfer QS or IFQ
to an individual who demonstrates a right of succession to such QS or
IFQ, through intestate or testate succession. The Regional
Administrator, upon application for transfer, would transfer, for up to
3 calendar years following the date of death of an individual QS
holder, IFQ from an individual who received the originating QS through
intestate or testate succession to any person eligible to receive IFQ.
This action would also correct an error in the survivorship
transfer regulations that resulted from the consolidation of
regulations governing the EEZ off Alaska in 61 FR 31228 (June 19,
1997). In the consolidation of the regulations, the reference to
paragraph (g)(2) in Sec. 679.41(k) should have been revised to read
(h)(2). This action would make the necessary revision to correct the
oversight.
[[Page 60061]]
Classification
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act, clarifying a requirement that
has previously been approved by OMB under Control Number 0648-0272. The
proposed clarification states that a death certificate is one of the
forms of substantiating evidence required upon the death of a quota
share holder in order to transfer that quota share to an estate. The
estimated response time for providing the substantiating evidence is 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Send comments on these or any other
aspects of the collection of information to NMFS/Alaska Region (see
ADDRESSES), and to OMB at the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503 (Attn:
NOAA Desk Officer).
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
The proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities:
The proposed change constitutes a minor regulatory amendment
needed to extend the survivorship transfer provision (currently
applicable to surviving spouses only) to heirs generally of a
deceased quota share (QS) holder. This action would allow heirs who
receive QS of Individual Fishing Quota (IFQ) by right of
survivorship to transfer IFQ resulting from the inherited QS for 3
years from the date of the deceased QS holder's death,
notwithstanding the IFQ Program's restrictions on transfers of IFQ.
This rule could potentially affect any small entity able to fish
IFQ in the Alaska fisheries. Currently, 4,187 persons are eligible
to fish IFQ in Alaska. Most of these are believed to be small
entities. In addition, this rule could affect heirs of deceased QS
holders. It is not possible to predict the extent to which such
heirs might be considered small entities. Likewise, it is impossible
to quantify the economic impact this proposed rule could have on
small entities, because the impacts are speculative and depend on a
variety of factors including the death of one or more current QS
holders and the decision by one or more heirs to lease IFQ. However,
to the extent that the proposed rule could impact small entities,
the impact would be beneficial in that the result would be increased
opportunity for leasing IFQ shares. Eligible fishermen who wanted to
fish more shares would have increased opportunity to lease more
shares, and heirs who otherwise would not be eligible to fish the
IFQ would be able to recognize economic gain.
As a result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: October 31, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC zONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.41, paragraph (k) is revised to read as follows:
Sec. 679.41 Transfer of QS and IFQ
* * * * *
(k) Transfer to an heir.
(1) Upon the death of a QS or IFQ holder, the Regional
Administrator, upon application for transfer, will transfer QS or IFQ
to an individual who demonstrates a right of succession to such QS or
IFQ, through intestate or testate succession.
(2) The Regional Administrator, upon application for transfer, will
transfer, for up to 3 calendar years following the date of death of an
individual QS holder, IFQ from an individual who received the
originating QS through intestate or testate succession to a person
eligible to receive IFQ under the provisions of this section,
notwithstanding the limitations on the transfer of IFQ in paragraph
(h)(2) of this section.
* * * * *
[FR Doc. 97-29382 Filed 11-3-97; 2:24 pm]
BILLING CODE 3510-22-F