[Federal Register Volume 68, Number 239 (Friday, December 12, 2003)]
[Rules and Regulations]
[Pages 69331-69342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 020424095-3252-02, I.D. 032801B]
RIN 0648-AP25


Fishing Capacity Reduction Program for the Crab Species Covered 
by the Fishery Management Plan for the Bering Sea/Aleutian Islands King 
and Tanner Crabs

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule establishes a fishing capacity reduction 
program in the fishery for the crab species managed under the Bering 
Sea/Aleutian Islands King and Tanner Crabs Fishery Management Plan 
(crab FMP). The program will reduce excess capacity and promote 
economic efficiency in the crab fishery. It is authorized under both 
special legislation and existing National Marine Fisheries Service 
(NMFS) regulations governing fishing capacity reduction programs. Its 
objectives include: increasing harvesting productivity for crab 
fishermen who remain after capacity reduction, helping conserve and 
manage fishery resources, and encouraging harvesting effort 
rationalization. Program participation is

[[Page 69332]]

voluntary. Under the program, NMFS will pay participants for 
withdrawing vessels from fishing, relinquishing fishing licenses, and 
surrendering fishing histories. NMFS will finance the program's $100 
million cost with a 30-year loan to be repaid by post-reduction 
fishermen.

DATES: The final rule is effective January 12, 2004.

ADDRESSES: Copies of the Environmental Assessment, Regulatory Impact 
Review, and Final Regulatory Flexibility Analysis are available from 
Michael L. Grable, Chief, Financial Services Division, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3282.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection of information requirements contained in this 
final rule may be submitted to Michael L. Grable at the above address 
and by e-mail to [email protected], or fax to (202) 395-7285.
    Anyone wishing to contact the NMFS Restricted Access Management 
Program (which issues crab species fishing licenses) may do so at this 
address: Restricted Access Management Program, National Marine 
Fisheries Service, P.O. Box 21668, Juneau, AK 99802-1668.

FOR FURTHER INFORMATION CONTACT: Michael L. Grable,(301)713-2390.

SUPPLEMENTARY INFORMATION:

Statutory and Regulatory Background

    The Consolidated Appropriations Act of 2001 (Pub. L. 106-554, 
section 144) directed the Secretary of Commerce to establish a $100 
million fishing capacity reduction program (crab program) in the Bering 
Sea/Aleutian Islands king and Tanner crab fishery (crab fishery). That 
law was subsequently amended twice (Pub. L. 107-20, section 2201; and 
Pub. L. 107-117, section 205) to clarify the vessels eligible to 
participate in the crab fishery and change the crab program's funding 
from a $50 million appropriation and a $50 million loan to a $100 
million loan (reduction loan). The authority for making loans of this 
type is sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 
App. U.S.C. 1279f and 1279g)(MMA)(Title XI).
    The North Pacific Fishery Management Council (Council) developed, 
and NMFS implemented, the crab FMP under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.)(Magnuson-
Stevens Act). The Council developed Amendment 5 to the crab FMP to 
establish a license limitation program (LLP) for the crab fishery (63 
FR 52642). The Council also developed Amendment 10 to the crab FMP 
which further defined the eligibility criteria for crab LLP licenses 
(66 FR 48813). NMFS implemented Amendment 10 and later corrected the 
implementing regulation's eligibility criteria (68 FR 46117). 
Regulations implementing the crab FMP govern the fishery's management.
    Subpart L to 50 CFR part 600, a framework rule promulgated pursuant 
to section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a(b)-(e)), 
governs fishing capacity reduction in general. NMFS publishes this rule 
as a new Sec.  600.1018 appearing immediately after the framework 
rule's last existing section.

Primary Statutory Objective

    Section 144 of Pub. L. 106-554 established the crab program's 
primary objective as reducing ``the fishing capacity in the BSAI crab 
fisheries by permanently reducing the number of license limitation 
program crab licenses . . . .''

Summary of Proposed Rule and Response to Comments

    On December 12, 2002, NMFS published proposed regulations to 
establish this crab program (67 FR 76329). The preamble to the proposed 
rule provides additional information on the program as it was proposed. 
NMFS extended and later reopened the proposed rule's public comment 
period.
    NMFS received comments from 28 entities. Comments were evenly 
distributed among individuals and organizations representing the views 
of many parties. The comments generally supported the crab program, but 
some disagreed with proposed rule aspects. The following is a summary 
of the comments and NMFS' responses.
    Comment 1: Three comments involve the definition of the term 
``reduction vessel''. Two of these suggest redefining the term 
``reduction vessel'' to mean the vessel currently designated on a crab 
reduction permit. The other suggests expanding the definition to 
include vessels which replaced other vessels under the Amendment 10 
exceptions.
    Response: NMFS structured the proposed rule to make the majority of 
crab LLP license holders eligible to participate in the crab program. 
The comments suggest, however, that the proposed rule might exclude 
some holders who either qualified for their LLP crab licenses under the 
Amendment 10 exceptions or transferred these licenses, after their 
issuance, to vessels other than those whose catch histories gave rise 
to the licenses. Accordingly, NMFS has revised the proposed rule to 
better accommodate license holders in these circumstances.
    The proposed rule defined the term ``reduction vessel'' as the 
vessel whose crab fishing history during the FMP's three qualification 
periods gave rise to an LLP crab license. This was the reduction vessel 
for all crab program purposes (e.g., loss of fishing privileges, loss 
of crab fishing history, bid scoring, and reduction loan 
apportionment). The final rule, however, replaces the term ``reduction 
vessel'' with two separate terms, ``reduction/privilege vessel'' and 
``reduction/history vessel''.
    In the final rule, a reduction/privilege vessel is the vessel 
designated on a crab LLP license on the date of the final rule's 
publication in the Federal Register and a reduction/history vessel is 
the vessel whose catch history gave rise to the crab LLP license. In 
many cases, the reduction/privilege vessel and the reduction/history 
vessel will be the same vessel, but the distinction between these two 
reduction vessel functions will better accommodate license holders in 
the circumstances these comments involve. The reduction/privilege 
vessel no longer has any significance for any crab program purpose 
other than the loss of fishing privileges, and the reduction/history 
vessel is determinative for all other crab program purposes which 
involve fishing history.
    Comment 2: One comment suggests redefining the term ``crab 
reduction permit'' to mean a bidder's non-interim crab LLP license plus 
all of its predecessor history.
    Response: NMFS has resolved this issue by adding the terms 
``reduction/history vessel'' and ``reduction fishing history''.
    Comment 3: One comment suggests redefining ``crab reduction 
history'' as all crab fishing history giving rise to or accruing under 
a crab reduction permit.
    Response: NMFS has resolved this issue by adding the term 
``reduction fishing history''.
    Comment 4: One comment suggests modifying the term ``bid crab'' to 
recognize that documented harvests of crab for crab program purposes 
may have been made from several different vessels.
    Response: NMFS agrees and has appropriately revised the final rule.
    Comment 5: Five comments involve the confidentiality of Alaska's 
fish ticket data.
    Two of these suggest adding a final rule provision requiring 
bidders to waive confidentiality for the crab fishing history 
associated with their bids, primarily as a way of providing

[[Page 69333]]

more accurate information to voters in the crab program referendum. Two 
others suggest a provision allowing the disclosure of crab fishing 
histories to potential bidders. The last suggests that NMFS and the 
State of Alaska resolve confidentiality issues affecting the crab 
program.
    Response: Alaska law (AS 16.05.815) make the fish ticket data 
confidential. Neither NMFS nor State officials have authority to use 
the State's fish ticket data inconsistently with the State's law. 
Accordingly, NMFS cannot accommodate these comments.
    Comment 6: One comment suggests that NMFS review Alaska's fish 
ticket data to ensure they reflect post-landing adjustments to landing 
data.
    Response: The crab program must rely on the State's data, and NMFS 
cannot review them for this purpose.
    Comment 7: Thirteen comments addressed the five-year period for 
determining ``bid crab''.
    Ten of these agreed with the proposed rule's provision in this 
respect. Two disagreed with the proposed rule's provisions and 
suggested that a more appropriate period was the most recent five-years 
in which a bidder's reduction/history vessel actually harvested crab in 
each endorsement fishery (rather than the most recent five-year period 
during which each endorsement fishery was open for directed fishing). 
The last suggests the final rule provide for this period in some area/
species endorsement fisheries to mirror certain years in the Council's 
proposed crab rationalization plan.
    Response: The proposed rule defined the term ``bid crab'' as the 
documented harvest of crab during the most recent 5 years of a 10-year 
period, beginning on January 1, 1990, and ending on December 31, 1999, 
during which each of the reduction endorsement fisheries were open. 
NMFS believes this is the fairest approach most consistent with the 
crab program's authorizing legislation as well as the approach most 
closely resembling certain years in the Council's proposed crab 
rationalization plan. The crab program's authorizing statute specifies 
the beginning and ending date of the 10-year period, and NMFS has no 
authority to provide otherwise.
    Comment 8: Ten comments discuss the stacking of more than one crab 
LLP license and associated crab fishing histories on a single reduction 
vessel. Nine of these suggest NMFS accommodate stacking for crab 
program bidding purposes. One asked how NMFS would provide for this if 
it were allowed.
    Response: NMFS believes each crab program bid should include only 
one crab reduction permit and the crab fishing history which gave rise 
to it. Stacked crab LLP licenses and their future disposition is a 
matter for fisheries managers' resolution.
    Comment 9: Three comments suggest the final rule provide the non-
crab reduction permit component of a bid's reduction fishing interest 
be restricted to the reduction vessel's non-crab licenses and exclude 
any halibut/sablefish individual fishing quota (IFQ).
    Response: NMFS believes the crab program's legislative authority 
requires bidders to relinquish all fishing licenses, permits, or other 
privileges they hold which were issued based on the fishing histories 
of the bids' reduction/history vessels. Consequently, each bidder 
holding halibut/sablefish IFQ on the date this final rule is published 
in the Federal Register must relinquish the IFQ if its issuance was 
based on the fishing history of the bidder's reduction/history vessel.
    Comment 10: One comment suggests five specific technical 
clarifications. These include: inserting ``Bering Sea and Aleutian 
Islands (BSAI)'' before ``crab species'' in 50 CFR 600.1018(a); 
inserting ``BSAI'' before ``crab'' in 50 CFR 600.1018(b); striking 
paragraph ``(h)'' and inserting paragraph ``(i)'' in 50 CFR 
600.1018(h)(2), (h)(4), and (h)(6); striking ``and'' at the end of 50 
CFR 600.1018(h)(4); and striking paragraph ``(i)(1)'' and inserting 
paragraph ``(j)(1)'' in 50 CFR 600.1018(j)(2).
    Response: NMFS agrees and has appropriately revised the final rule.
    Comment 11: One comment suggests NMFS revise the final rule to 
clarify that co-bidders are not required for non-crab reduction 
permits.
    Response: NMFS agrees and has appropriately revised the final rule. 
There are no co-bidders for non-crab reduction permits because non-crab 
reduction permits are restricted to those for which bidders were the 
holders of record on the date this final rule is published in the 
Federal Register.
    Comment 12: One comment states that the proposed rule unfairly 
omits crab vessels under 32 feet (9.75 meters) as well as parties 
without crab LLP licenses.
    Response: The authorizing statute established the crab program's 
eligibility criteria and does not allow NMFS to accommodate this 
comment.
    Comment 13: One comment suggests the definition of ``bid crab'' 
does not include the crab fishing histories of vessels that were lost 
or destroyed and subsequently replaced by other vessels.
    Response: NMFS intended the proposed rule's definition of ``bid 
crab'' to do so and has appropriately revised the proposed rule to 
remove any ambiguity about this.
    Comment 14: Nine comments involve lost or destroyed vessels and 
their reduction fishing histories. Eight of these suggest bids 
involving lost or destroyed vessels require existing (i.e., neither 
lost nor destroyed) reduction vessels that lose their fishing 
privileges.
    Response: NMFS agrees that each bid requires an existing reduction 
vessel that loses its fishing privileges. In the final rule, this is 
the reduction/privilege vessel. NMFS believes this is a matter of 
equity. Most bidders will have existing reduction/privilege vessels 
that will lose their fishing privileges. Allowing lost or destroyed 
vessels to be reduction/privilege vessels for this purpose would allow 
a minority of bidders to receive value for something which no longer 
has any value. Moreover, casualty insurance has in all likelihood 
already compensated most of those whose vessels were previously lost or 
destroyed.
    Comment 15: Five comments suggest that the crab program make no 
exceptions beyond those provided in Amendment 10 for lost or destroyed 
vessels or crab LLP licenses acquired through fishing history 
transfers.
    Response: NMFS agrees. Neither the proposed nor the final rule 
makes any such exceptions.
    Comment 16: One comment requests that NMFS report crab program 
results by ``region''.
    Response: NMFS will report crab program results only by reduction 
endorsement fishery and by the crab fishery as a whole.
    Comment 17: One comment asks how the crab program accommodates the 
captain's share provisions of the Council's crab rationalization plan.
    Response: The crab program does not accommodate this provision and 
makes no provision for captains' shares because NMFS has no statutory 
authority to do so.
    Comment 18: One comment asks what constitutes the reduction loan 
borrower.
    Response: After NMFS completes the crab program, all reduction 
fishery license holders under whose licenses vessels land crab and 
whose fees begin repaying the reduction loan are collectively the 
reduction loan borrower. Neither the reduction loan nor its collective 
borrower are conventional. The reduction loan and its repayment method 
are statutory. There are no promissory notes, mortgages, or other loan 
security documents. No individual is responsible

[[Page 69334]]

for repaying any specific loan portion. After the fees commence, the 
first ex-vessel purchasers of crab from the reduction fishery 
automatically deduct the fees from trip proceeds before paying the 
proceeds' balance to the parties otherwise entitled to them. No 
individual's assets secure the loan's repayment (although nonpayment, 
for whatever reason, of the fees could subject an individual's assets 
to enforced payment of any unpaid fees).
    Comment 19: One comment suggests the final rule clarify whether 
Community Development Quota landings are subject to the reduction loan 
repayment fees.
    Response: Community Development Quota landings are subject to the 
fees.
    Comment 20: One comment objects both to the statutory method of 
collecting the reduction loan repayment fees and the capacity reduction 
framework regulation provisions to which collection of the fee is 
subject.
    Response: NMFS has no alternative to using the statutory method and 
believes the framework provisions in this respect are reasonable and 
necessary.
    Comment 21: One comment suggests the final rule provide that the 
crab program not result in crab catcher processors using a greater 
share of total allowable crab catches after reduction than they did 
before reduction due to the likelihood that most crab program bids will 
involve crab catcher vessel delivering ashore.
    Response: This is a voluntary program, and NMFS makes no bidding 
distinction between crab catcher processors and crab vessels delivering 
their catches ashore. The Council is the proper forum for dealing with 
this issue.
    Comment 22: One comment suggests that the final rule provide for 
crab catcher processors' relinquishing their processing histories.
    Response: NMFS has no statutory authority to do this as part of the 
crab program.
    Comment 23: One comment requests clarification of any second 
referendum's basis.
    Response: A second referendum may occur, at NMFS' discretion, if 
the first referendum fails. The general basis would be the expectation 
that a second round of bids might result in lower bid amounts producing 
greater capacity reduction per dollar of reduction cost than the first 
round of bids and, consequently, might improve the likelihood of a 
second referendum success.
    Comment 24: One comment suggests the final rule provide for paying 
creditors whose security includes vessels or licenses involved in the 
crab program.
    Response: NMFS believes the proposed rule made adequate provision 
for public notice to secured creditors.
    Comment 25: One comment suggests the final rule provide for 
including the holders of interim crab licenses in the crab program 
based on whatever portions of their fishing histories are undisputed.
    Response: The authorizing statute restricts the crab program to 
non-interim crab LLP license holders, and NMFS has no authority to 
provide otherwise.
    Comment 26: One comment suggests releasing, before conducting the 
fee referendum, aggregate data about bids involving affiliated fishing 
interests.
    Response: NMFS does has no way of knowing which bidders may be 
affiliated with other bidders.
    Comment 27: One comment suggests reduction vessels should not lose 
their fishing privileges in fisheries other than the reduction fishery.
    Response: The authorizing statute requires that reduction/privilege 
vessels lose their worldwide fishing privileges, and NMFS has no 
discretion in this matter.
    Comment 28: One comment suggests the reduction loan be prorated 
over the various crab area/species endorsement fisheries.
    Response: The authorizing statute specifically provides for doing 
this, and the proposed rule provided for it in accordance with the 
statute.
    Comment 29: One comment was concerned that the crab program might 
result in revoking crab fishing history other than the crab fishing 
history which may be used as the basis of any future crab 
rationalization plan.
    Response: The crab program will result in revoking the complete 
crab fishing history of each crab reduction/history vessel.
    Comment 30: One comment suggests the crab program involve 
relinquishment of the worldwide fishing privileges of what, under the 
final rule, are reduction/privilege vessels.
    Response: Both the proposed rule and the final rule so provide.

Changes to Proposed Rule

    Although public comment about the proposed rule did not address the 
issue of when NMFS notifies crab program bidders whether NMFS accepted 
or rejected their bids, the final rule differs in this respect from the 
proposed rule. The proposed rule provided for this notification 
occurring before the referendum about the reduction loan repayment fee. 
Based on interim public comment during the Pacific Coast groundfish 
fishing capacity reduction program (68 FR 42613), however, NMFS now 
believes that postponing this notice until after the referendum has 
already occurred may help neutralize any potential which the proposed 
rule aspect might have had for biasing referendum results. If 
referendum voters know before they vote whose bids NMFS accepted and 
whose bid NMFS rejected, they may vote differently than they otherwise 
would have if they did not know whose bids NMFS accepted and whose bids 
NMFS rejected.
    The following reflects the minor or clarifying revisions of the 
proposed rule which the final rule incorporates:
    (1) NMFS revised the term ``reduction vessel'' by replacing it with 
two separate terms, ``reduction/privilege vessel'' and ``reduction/
history vessel''. Consequently, the term ``reduction vessel'' does not 
appear anywhere in the final rule. The effect of this revision is that 
the vessel, for loss of fishing privileges purposes, will be the vessel 
designated on a crab LLP license at the time the final rule is 
published in the Federal Register; and the vessel, for loss of fishing 
history, bid scoring, and loan apportionment purposes, will be the 
vessel (or in some cases, vessels) whose fishing history gave rise to a 
crab LLP license. In most cases, the vessels will be the same for both 
purposes; in other cases, the vessels for each purpose will be 
different.
    (2) NMFS included a new term, ``reduction fishing history'', in 
order to clarify that the fishing history component of each bidder's 
reduction fishing interest includes the complete documented harvest, 
upon any part of which NMFS based issuance of the crab LLP licence 
included as a crab reduction permit in the bid, plus such fishing 
history, after the issuance of such crab LLP license, of any other 
vessel upon which the bidder used such crab reduction permit;
    (3) NMFS clarified that co-bidders are not required for non-crab 
reduction permits;
    (4) NMFS eliminated any ambiguity about whether replacement vessels 
are, under appropriate Amendment 10 exceptions, reduction/history 
vessels;
    (5) NMFS added a definition for the term ``replacement vessel'' in 
order to clarify certain aspects of multiple reduction/history vessels 
under the exceptions to Amendment 10; and
    (6) NMFS revised the bidder acceptance/rejection notice provisions 
to postpone this notice until after the crab program's referendum.
    Finally, NMFS herein clarifies that it has no direct authority to 
revoke world-wide fishing privileges. The U.S.

[[Page 69335]]

Department of Transportation's Maritime Administration (MARAD) is 
responsible under section 9 of the Shipping Act of 1916, 46 App. U.S.C. 
808, for approving transfers of vessels from the U.S. flag to a foreign 
flag. MARAD has the authority and already had a mechanism in the 
regulations to deny the approval to flag foreign fishing industry 
vessels over 1,000 gross tons. However, MARAD's regulations at 46 
C.F.R. part 221.15 also included a general approval for transfers of 
fishing industry vessels under 1,000 gross tons. Upon learning of the 
crab program provision, MARAD amended the regulations to also address 
vessels under 1,000 gross tons that are subject to the crab program and 
to make it clear that any vessel that participates in the crab program 
will be ineligible for a section 9 approval to transfer the vessel to a 
foreign flag. Further, MARAD is planning to again amend its section 9 
regulations to address the broader issue of fishing vessels that are 
subject to a capacity reduction program.

Key Steps

    NMFS will, in the following chronological order, now implement the 
crab program by:
    (1) Publishing the final regulations;
    (2) Publishing in the Federal Register a notification listing all 
qualified bidders and all qualified voters;
    (3) Publishing in the Federal Register an invitation to bid, along 
with a bidding form and terms of capacity reduction agreement;
    (4) Issuing detailed bidding guidance to each qualifying bidder;
    (5) Sending a crab program invitation to bid and a bidding form and 
terms of capacity reduction agreement to each qualifying bidder;
    (6) Receiving bids during the period in which bidding remains open;
    (7) Tallying the resulting bids;
    (8) Accepting or rejective the bids (without notice to the 
bidders);
    (9) Issuing detailed voting guidance to each qualifying voter;
    (10) Sending a referendum ballot to each qualifying voter;
    (11) Receiving referendum votes during the period in which voting 
remains open;
    (l2) Tallying the resulting votes;
    (13) Notifying referendum voters of the referendum's results; and
    (14) In the instance of a successful referendum:
    (a) Notifying accepted bidders that their bids were accepted and 
that the resulting reduction contracts are unconditional,
    (b) Publishing in the Federal Register a reduction payment tender 
notification,
    (c) Tendering reduction payments,
    (d) Disbursing reduction payment in accordance with accepted 
bidders written payment instructions,
    (e) Accomplishing the necessary crab program revocations and 
restrictions, and
    (f) Administering the payment and collecting reduction loan 
repayment fees.

Reading the Rule in Conjunction with the Framework Rule

    This final rule establishes which framework rule provisions (this 
subpart's Sec.  600.1000 through Sec.  600.6017) do not apply to the 
crab program. Consequently, a comprehensive understanding of the crab 
program requires reading this final rule in conjunction with the 
remaining framework rule provisions that continue to apply to the crab 
program. NMFS recommends that all interested persons carefully read the 
former in close conjunction with the latter.

Summary of Crab Program Notices and Mailings

    This table summarizes, in chronological order, key crab program 
actions that will involve providing notice to affected persons:

------------------------------------------------------------------------
         Notice Actions                           Method
------------------------------------------------------------------------
                                     FEDERAL
                                     REGISTER       Mailing     Website
------------------------------------------------------------------------
           Final rule                         X   ..........          X
     Bidder and voter list                    X           X           X
 Invitation to bid, along with                X           X           X
   bidding form and terms of
  capacity reduction agreement
       Referendum ballots        ...............          X           X
       Referendum results        ...............          X           X
  Bidder acceptance/reduction    ...............          X   ..........
    contracts unconditional
Reduction payment tender notice               X   ..........  ..........
    Reduction payment tender     ...............          X   ..........
   Fee payment and collection    ...............          X           X
------------------------------------------------------------------------


[[Page 69336]]

    NMFS will also mail each of the following:

------------------------------------------------------------------------
                  Action                           NMFS will mail:
------------------------------------------------------------------------
          Bidder and voter notice           A notice to each crab
                                             license holder who is
                                             prospectively a qualifying
                                             bidder, voter, or both.
              Bidder guidance               Detailed guidance to all
                                             qualifying bidders about
                                             the crab program, how to
                                             bid, and other bidding
                                             matters.
Invitation to bid, bidding form, and terms  An invitation to bid and a
      of capacity reduction agreement        bidding form and bidding
                                             terms and agreements to
                                             each crab license holder
                                             who is on our prospectively
                                             qualifying bidder list.
              Voter guidance                Detailed guidance to all
                                             qualifying voters about how
                                             to vote and other
                                             referendum matters.
            Referendum ballots              A referendum ballot and
                                             instructions to each crab
                                             license holder who is on
                                             NMFS prospectively
                                             qualifying voter list.
            Referendum results              The results of the
                                             referendum to each crab
                                             license holder.
    Bid Acceptance/Reduction Contracts      Notification, to each
               Unconditional                 accepted bidder, that its
                                             bid was accepted and a
                                             successful referendum has
                                             fulfilled the one condition
                                             to performance of the
                                             reduction contracts.
         Reduction payment tender           NMFS' tender of reduction
                                             payment to each accepted
                                             bidder (requesting the
                                             bidder's written reduction
                                             payment instructions).
     Fee payment and collection notice      A notice to each fish seller
                                             and each fish buyer of the
                                             initial fee payment and
                                             collection requirement.
------------------------------------------------------------------------

    All website postings will be solely for the public's convenience 
and our failure or inability to post anything on a website does not 
affect the rights, privileges, duties, or obligations of any person 
involved.

Classification

    The Assistant Administrator for Fisheries, National Marine 
Fisheries Service, determined that this final rule is consistent with 
the Consolidated Appropriations Act of 2001, as amended, the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable 
laws.
    In compliance with the National Environmental Policy Act, NMFS 
prepared an environmental assessment for this final rule. The 
assessment discusses the impact of this rule on the natural and human 
environment and integrates a Regulatory Impact Review and a Final 
Regulatory Flexibility Analysis. NMFS assessment has resulted in a 
finding of no significant impact. NMFS will send the assessment, the 
review and analysis to anyone who requests it (see ADDRESSES).
    NMFS determined that this final rule is economically significant 
for purposes of Executive Order 12866. The rule may result in a reverse 
auction that could total up to $100 million worth of successful bids. 
These bids represent the compensation for the net present value of the 
total losses that the fishermen expect to bear from exiting the market. 
The expected costs of the rule would also include administrative costs 
that would be incurred by NMFS in facilitating this auction. The 
benefits of the rule would be the increase in producer and consumer 
surplus resulting from the lower costs of harvesting the same amount of 
crab. The benefits expected by the remaining fishermen should at least 
equal the cost of compensating the exiting fishermen since this auction 
is voluntarily undertaken.
    In compliance with the Regulatory Flexibility Act, NMFS prepared an 
analysis that describes the economic impact this final rule may have on 
small entities. In this final rule's preamble, NMFS described the rule 
and its legal basis. NMFS intends the analysis to aid in considering 
all reasonable regulatory alternatives that can minimize the economic 
impact on affected small entities.
    This final rule's effect on post-reduction crab harvesters will 
depend on the crab program's nature and size. Our assessment, review, 
and analysis considered:
    (1) The effect of three alternatives:
    (a) The status quo,
    (b) Uniform reduction loan repayment fees, and
    (c) Weighted reduction loan repayment fees; and
    (2) Based on five potential magnitudes of revoked crab licenses and 
vessels:
    (a) 30,
    (b) 45,
    (c) 60,
    (d) 75, and
    (e) 90.
    The preferred alternative, weighted reduction loan repayment fees, 
provides the most equitable method for allocating reduction loan 
repayment, and this is the reduction loan repayment method section 144 
of Pub. L. 106-554 requires.
    The final rule's impact will be positive for both bidders whose bid 
offers NMFS accepts and post-reduction harvesters whose landing fees 
repay the reduction loan because the bidders and harvesters will assume 
the impact and fewer crab license holders after capacity reduction will 
be collectively able to catch more fish than if capacity had not been 
reduced:
    (1) Bidders will volunteer to make bid offers at bid amounts of 
their own choice. Presumably, no bidder will volunteer to make a bid 
offer with a bid amount that is inconsistent with the bidder's 
interest; and
    (2) Reduction loan repayment landing fees will be authorized, and 
NMFS can complete the crab program, only if at least two-thirds of crab 
license holders voting in a post-bidding fee referendum voted in favor 
of the fee. Presumably, crab license holders would not vote in favor of 
the fee unless they concluded that the crab program's prospective 
capacity reduction was sufficient to enable them to increase their 
post-reduction revenues enough to justify the fee.
    Given the large levels of overcapacity existent in U.S. and other 
global fisheries, buyback vessels and permits should not be allowed to 
move into other fisheries. This cascade effect would only exacerbate 
the overcapacity problems that exist in those fisheries. For example, 
the sale of domestic vessels to overseas operators while reducing 
capacity in the U.S. would harm stocks of fish harvested globally. This 
would cause U.S. fishermen to compete with additional foreign 
fishermen; e.g. bluefin tuna, swordfish, sharks. This indirectly 
reduces net benefits to U.S. and global fishermen. Overall net benefit 
levels would be reduced in those fisheries in which capacity was 
transferred and indirectly in all related fisheries through continued 
or increased discarded bycatch levels, degradation of habitat, and 
other related problems.
    NMFS believes that this action will affect neither authorized crab 
harvest levels nor crab harvesting practices.
    NMFS has prepared a Regulatory Compliance Guide (RCG) for this 
final rule to comply with a requirement of the Small Business 
Administration. The RCG takes the form of questions and answers which 
explain the requirements for participation and other aspects of the 
program. It will be mailed by NMFS to all prospective bidders who may 
participate in the crab program.
    This final rule contains information collection requirements 
subject to the

[[Page 69337]]

Paperwork Reduction Act (PRA). The Office of Management and Budget 
(OMB) approved this information collection under OMB control number 
0648-0376. NMFS estimates that the public reporting burden for this 
information collection will average 4 hours for bidding and 4 hours for 
voting in a referendum. Persons affected by this final rule will also 
be subject to other collection-of-information requirements referred to 
in the rule and also approved under OMB control number 0648-0376. These 
requirements and their associated response times are: completing and 
filing a fish ticket (10 minutes), submitting monthly fish buyer 
reports (2 hours), submitting annual fish buyer reports (4 hours), and 
fish buyer/fish seller reports when a person fails either to pay or to 
collect the loan repayment fee (2 hours).
    This final rule also contains a new collection-of-information 
requirement that OMB has approved under the same OMB control number. 
The provision allows the public 30 days to advise us of any license or 
permit holder or vessel owner claims that conflict with accepted 
bidders' representations about holding, owning, or retaining any of the 
crab or non-crab reduction permits, the reduction/privilege and 
reduction/history vessels, or the crab or non-crab reduction fishing 
histories. Responses are voluntary, but NMFS estimates the public 
reporting burden for this collection of information will be 1 hour per 
response.
    These response estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. Interested persons may send comments regarding 
this burden estimate, or any other aspect of this data collection, 
including suggestions for reducing the burden, to both NMFS and OMB 
(see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, and no person is subject to a penalty for failure to 
comply with, an information collection subject to the PRA requirements 
unless that information collection displays a currently valid OMB 
control number.
    This action will not result in any adverse effects on endangered 
species or marine mammals.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing capacity reduction, Fishing permits, Fishing 
vessels, Intergovernmental relations, Loan programs -business, 
Reporting and recordkeeping requirements.

    Dated: December 8, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons in the preamble, the National Marine Fisheries Service 
amends 50 CFR part 600 as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 is revised to read as follows:

    Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et seq., 16 U.S.C. 
1861a(b) through (e), 46 App. U.S.C. 1279f and 1279g, section 144(d) 
of Division B of Pub. L. 106-554, section 2201 of Pub. L. 107-20, 
and section 205 of Pub. L. 107-117.

0
2. Section 600.1018 is added to Subpart L to read as follows:


Sec.  600.1018  Bering Sea and Aleutian Islands (BSAI) Crab species 
program.

    (a) Purpose. This section's purpose is to implement the program 
that Section 144(d) of Division B of Pub. L. 106-554, as amended by 
section 2201 of Pub. L. 107-20 and section 205 of Pub. L. 107-117, 
enacted for BSAI crab species.
    (b) Terms. Unless otherwise defined in this section, the terms 
defined in Sec.  600.1000 expressly apply to the program for BSAI crab. 
Likewise, the terms defined in Sec.  679.2 of this chapter also apply 
to terms not otherwise defined in either Sec.  600.1000 or this 
section. The following terms used in this section have the following 
meanings for the purpose of this section:
    Acceptance means NMFS' acceptance, on behalf of the United States, 
of a bid.
    Bid means a bidder's irrevocable offer, in response to an 
invitation to bid under this section, to surrender, to have revoked, to 
have restricted, to relinquish, to have withdrawn, or to have 
extinguished by other means, in the manner this section requires, the 
bidder's reduction fishing interest.
    Bid amount means the dollar amount of each bid.
    Bidder means either a qualifying bidder bidding alone or a 
qualifying bidder and a co-bidder bidding together who at the time of 
bidding holds the reduction fishing interests specified at Sec.  
600.1018(e).
    Bid crab means the crab that NMFS determines each bidder's 
reduction/history vessel (see definition) harvested, according to the 
State of Alaska's records of the documented harvest of crab, from each 
reduction endorsement fishery and from the Norton Sound fishery during 
the most recent 5 calendar years in which each reduction endorsement 
fishery was for any length of time open for directed crab fishing 
during a 10-calendar-year period beginning on January 1, 1990, and 
ending on December 31, 1999.
    Bid score means the criterion by which NMFS decides in what order 
to accept bids in the reverse auction this section specifies.
    Co-bidder means a person who is not a qualifying bidder, but who at 
the time of bidding owns the reduction/privilege vessel this section 
requires to be included in a bid and is bidding together with a 
qualifying bidder.
    Crab means the crab species covered by the Fishery Management Plan 
for the Bering Sea/Aleutian Islands King and Tanner Crabs pursuant to 
Sec.  679.2 of this chapter.
    Crab license means a License Limitation Program license for crab 
issued pursuant to Sec.  679.4(k)(5) of this chapter.
    Crab reduction permit means a non-interim crab license endorsed for 
one or more reduction endorsement fisheries, regardless of whether it 
is also endorsed for the Norton Sound fishery.
    FSD means NMFS' Financial Services Division, located in NMFS' 
Silver Spring, MD, headquarters office.
    Non-crab reduction permit means a fishing license, including all of 
its predecessor history, for which a bidder is the holder of record on 
December 12, 2003 and which was issued based on the fishing history of 
the bidder's -reduction/history vessel.
    Norton Sound fishery means the non-reduction fishery defined in 
Sec.  679.2 of this chapter as the area/species endorsement for Norton 
Sound red king and Norton Sound blue king crab.
    NVDC means the U.S. Coast Guard's National Vessel Documentation 
Center located in Falling Waters, WV.
    Qualifying bidder means a person who at the time of bidding is the 
license holder of record of a crab reduction permit.
    Qualifying voter means a person who at the time of voting in a 
referendum is the license holder of record either of an interim or a 
non-interim crab license, except a crab license whose sole area/species 
endorsement is for the Norton Sound fishery.
    RAM Program means NMFS' Restricted Access Management Program 
located in NMFS' Juneau, AK, regional office.
    Reduction endorsement fishery means any of the seven fisheries that 
Sec.  679.2 of this chapter defines as area/species endorsements except 
the area/species endorsement for the Norton Sound fishery.

[[Page 69338]]

    Reduction fishery means the fishery for all crab covered by the 
Bering Sea/Aleutian Islands King and Tanner Crabs Fishery Management 
Plan under all area/species endorsements that section 679.2 of the 
chapter defines, except the area/species endorsement for the Norton 
Sound fishery.
    Reduction fishing history means, for each bid, the complete 
documented harvest of the bidder's reduction/history vessel, upon any 
part of which such harvest NMFS based issuance of the crab license 
included in the bid as a crab reduction permit, plus such fishing 
history, after the issuance of such crab license, of any other vessel 
upon which the bidder used such crab license.
    Reduction fishing interest means, for each bid, the bidder's:
    (1) Reduction fishing privilege (see definition);
    (2) Crab reduction permit;
    (3) Non-crab reduction permit;
    (4) Reduction fishing history (see definition); and
    (5) Any other claim that could in any way qualify the owner, 
holder, or retainer of any of the reduction components, or any person 
claiming under such owner, holder, or retainer, for any present or 
future limited access system fishing license or permit in any United 
States fishery (including, but not limited to, any harvesting privilege 
or quota allocation under any present or future individual fishing 
quota system).
    Reduction fishing privilege means the worldwide fishing privileges 
of a bid's reduction/privilege vessel (see definition).
    Reduction/history vessel means the vessel or vessels which 
generated the reduction fishing history.
    Reduction loan sub-amount means the portion of the original 
principal amount of reduction loan this section specifies each 
reduction endorsement fishery must repay with interest.
    Reduction/privilege vessel means the vessel designated on a crab 
license on December 12, 2003.
    Referendum means a referendum under this section to determine 
whether voters approve the fee required to repay this program's 
reduction loan.
    Replacement vessel means a reduction/history vessel which replaced 
the lost or destroyed one whose reduction fishing history qualified 
during the general qualification period and the endorsement 
qualification period and, which under the exceptions in Amendment 10, 
qualified during the recent participation period.
    (c) Relationship to this subpart--(1) Provisions that apply. The 
provisions of Sec.  600.1000 through Sec.  600.1017 of this subpart 
apply to this program except as paragraph (c)(2) of this section 
provides; and
    (2) Provisions that do not apply. The following sections, or 
portions of them, of this subpart do not apply to this program:
    (i) All of:
    (A) Section 600.1001,
    (B) Section 600.1002,
    (C) Section 600.1003,
    (D) Section 600.1004,
    (E) Section 600.1005,
    (F) Section 600.1006, and
    (G) Section 600.1007,
    (ii) The portions of Sec.  600.1008:
    (A) Pertaining to an implementation plan,
    (B) Pertaining to a 60-day comment period for a proposed 
implementation regulation,
    (C) Pertaining to public hearings in each State that the this 
program affects,
    (D) Pertaining to basing the implementation regulation on a 
business plan,
    (E) Within paragraphs (d)(1)(ii) through (viii),
    (F) Within paragraph (d)(2)(ii),
    (G) Within paragraph (e), and
    (H) Within paragraph (f) and pertaining to fishing capacity 
reduction specifications and a subsidized program,
    (iii) The portions of Sec.  600.1009:
    (A) Pertaining to fishing capacity reduction specifications,
    (B) Within paragraph (a)(4),
    (C) Pertaining to a reduction amendment,
    (D) Within paragraph (a)(5)(ii), to the extent that the paragraph 
is inconsistent with the requirements of this section,
    (E) Within paragraph (b)(i), and
    (F) Pertaining to an implementation plan,
    (iv) The portions of Sec.  600.1010:
    (A) Within paragraph (b),
    (B) Pertaining to fishing capacity reduction specifications,
    (C) Within paragraph (d)(1), and
    (D) Within paragraphs (d)(4))(iv) through (vii),
    (v) The portions of Sec.  600.1011:
    (A) That comprise the last sentence of paragraph (a),
    (B) Within paragraph (d), and
    (C) Within paragraph (e)(2),
    (vi) The portions of Sec.  600.1012:
    (A) Within paragraph (b)(3) following the word ``subpart'', and
    (B) Within paragraph (b)(3), and
    (vii) The last sentence of Sec.  600.1014(f).
    (d) Reduction cost financing. NMFS will use the proceeds of a 
reduction loan, authorized for this purpose, to finance 100 percent of 
the reduction cost. The original principal amount of the reduction loan 
will be the total of all reduction payments that NMFS makes under 
reduction contracts. This amount shall not exceed $100 million.
    (e) Who constitutes a bidder. A bidder is a person or persons who 
is the:
    (1) Holder of record and person otherwise fully and legally 
entitled to offer, in the manner this section requires, the bid's crab 
reduction permit and the bid's non-crab reduction permit;
    (2) Reduction/privilege vessel owner, title holder of record, and 
person otherwise fully and legally entitled to offer, in the manner 
this section requires, the bid's reduction fishing privilege; and
    (3) Retainer and person otherwise fully and legally entitled to 
offer, in the manner this section requires, the bid's reduction fishing 
history.
    (f) How crab licenses determine qualifying bidders and qualifying 
voters--(1) Non-interim crab licenses. Each person who is the record 
holder of a non-interim crab license endorsed for one or more reduction 
endorsement fisheries is both a qualifying bidder and a qualifying 
voter and can both bid and vote;
    (2) Interim crab licenses. Each person who is the record holder of 
an interim crab license endorsed for one or more reduction endorsement 
fisheries is a qualifying voter but not a qualifying bidder and can 
vote but not bid;
    (3) Crab licenses endorsed solely for the Norton Sound Fishery. 
Each person who is the record holder of any crab license endorsed 
solely for the Norton Sound fishery is neither a qualifying bidder nor 
a qualifying voter and can neither bid nor vote; and
    (4) Time at which qualifying bidders and voters must hold required 
crab licenses. A qualifying bidder must be the record holder of the 
required crab license at the time the qualifying bidder submits its 
bid. A qualifying voter must be the record holder of the required crab 
license at the time the qualifying voter submits its referendum ballot.
    (g) Qualifying bidders and co-bidders--(1) Qualifying bidders 
bidding alone. There is no co-bidder when a qualifying bidder owns, 
holds, or retains all the required components of the reduction fishing 
interest;
    (2) Qualifying bidders bidding together with co-bidders. When a 
qualifying bidder does not own the reduction/privilege vessel, the 
person who does may be the qualifying bidder's co-bidder; and
    (3) Minimum reduction components that qualifying bidders must hold 
or retain when bidding with co-bidders. At a minimum, a qualifying 
bidder must hold the crab reduction permit and the non-crab reduction 
permit and retain

[[Page 69339]]

the reduction fishing history. The reduction/privilege vessel may, 
however, be owned by another person who is a co-bidder.
    (h) Reduction fishing interest--(1) General requirements. Each 
bidder must:
    (i) In its bid, offer to surrender, to have revoked, to have 
restricted, to relinquish, to have withdrawn, or to have extinguished 
by other means, in the manner that this section requires, the reduction 
fishing interest,
    (ii) At the time of bidding, hold, own, or retain the reduction 
fishing interest and be fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest, and
    (iii) Continuously thereafter hold, own, or retain the reduction 
fishing interest and remain fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest 
until:
    (A) The bid expires without NMFS first having accepted the bid,
    (B) NMFS notifies the bidder that NMFS rejects the bid,
    (C) NMFS notifies the bidder that a reduction contract between the 
bidder and the United States no longer exists, or
    (D) NMFS tenders reduction payment to the bidder;
    (2) Reduction/privilege vessel requirements. The reduction/
privilege vessel in each bid must be:
    (i) The vessel designated, at the time this final rule is published 
in the Federal Register, on a crab license which becomes a bid's crab 
reduction permit, and
    (ii) Be neither lost nor destroyed at the time of bidding;
    (3) Reduction fishing privilege requirements. The reduction fishing 
privilege in each bid must be the reduction/privilege vessel's:
    (i) Fisheries trade endorsement under the Merchant Marine Act, 1936 
(46 U.S.C.A. 12108),
    (ii) Qualification for any present or future U.S. Government 
approval under section (9)(c)(2) of the Shipping Act, 1916 (46 U.S.C. 
App. 808(c)(2)) for placement under foreign registry or operation under 
the authority of a foreign country, and
    (iii) Any other privilege to ever fish anywhere in the world;
    (4) Crab reduction permit requirements. (i) Except as otherwise 
provided in paragraph (i) of this section, the crab reduction permit 
must in each bid:
    (A) Be the crab license that NMFS issued on the basis of the 
bidder's reduction fishing history,
    (B) Be non-interim at the time each bidder submits its bid, and
    (C) Include an area/species endorsement for any one or more 
reduction endorsement fisheries,
    (ii) Although the Norton Sound fishery is not a reduction 
endorsement fishery, an area/species endorsement for the Norton Sound 
fishery occurring on a crab reduction permit must be surrendered and 
revoked (and all fishing history involving it relinquished) in the same 
manner as all other reduction endorsement fisheries occurring on the 
crab reduction permit;
    (5) Non-crab reduction permit requirements. The non-crab reduction 
permit must in each bid be every license, permit, or other harvesting 
privilege that:
    (i) NMFS issued on the basis of the fishing history of the bidder's 
reduction/history vessel, and
    (ii) For which the bidder was the license holder of record on the 
effective date of this section; and
    (6) Reduction fishing history requirements. Except as otherwise 
provided in paragraph (i) of this section, the reduction fishing 
history in each bid must that of a single reduction/history vessel.
    (i) Exceptions to the reduction fishing interest requirements--(1) 
Lost or destroyed vessel salvaged. When a bidder has salvaged a lost or 
destroyed vessel and has made from the salvaged vessel the documented 
harvest of crab Sec.  679.4(k)(5)(iii)(B)(3) of this chapter requires, 
the crab portion of the reduction fishing history is the salvaged 
vessel's documented harvest of crab; and
    (2) Lost or destroyed vessel not salvaged. When a bidder has not 
salvaged the lost or destroyed vessel but has made from a replacement 
vessel the documented harvest of crab Sec.  679.4(k)(5)(iii)(B)(3) of 
this chapter requires:
    (i) The crab portion of the reduction fishing history is the total 
of the lost or destroyed vessel's documented harvest of crab through 
the date of such vessel's loss or destruction plus the replacement 
vessel's documented harvest of crab after such date, and
    (ii) For the purposes of this program, the lost or destroyed 
vessel's documented harvest of crab merges with, and becomes a part of, 
the replacement vessel's documented harvest of crab; and
    (3) Acquired crab fishing history. When a bidder, in the manner 
Sec.  679.4(k)(5)(iv) of this chapter requires, has made a documented 
harvest of crab from one vessel and has acquired a replacement vessel's 
documented harvest of crab:
    (i) The crab portion of the reduction fishing history is the total 
of the acquired documented harvest of crab through December 31, 1994, 
plus the documented harvest of crab after December 31, 1994, of the 
vessel from which the bidder made the documented crab harvest Sec.  
679.4(k)(5)(iv) of this chapter requires, and
    (iii) For the purposes of this program, the acquired documented 
harvest of crab merges with, and becomes a part of, the non-acquired 
documented harvest of crab.
    (j) Determining value of reduction/history vessels' bid crab--(1) 
In each fishery. NMFS will determine the dollar value of each 
reduction/history vessel's bid crab in each reduction endorsement 
fishery and in the Norton Sound Fishery by multiplying each reduction/
history vessel's number of pounds of each species of bid crab by the 
average ex-vessel price per pound that the State of Alaska annually 
publishes for each crab species in the bid crab; and
    (2) In all fisheries. NMFS will determine the dollar value of each 
reduction/history vessel's bid crab in all reduction endorsement 
fisheries and in the Norton Sound fishery by adding each of the 
products of the multiplications in paragraph (j)(1) of this section; 
and
    (3) Crab excluded from bid crab. A reduction/history vessel's bid 
crab may not include, to the extent that NMFS has knowledge:
    (i) Triangle tanner crab, grooved tanner crab, and any other crab 
not involved in the various area/species endorsements,
    (ii) Discarded crab,
    (iii) Crab caught for personal use,
    (iv) Unspecified crab, and
    (v) Any other crab for which the dollar value, crab fishery, 
landing date, or harvesting vessel NMFS cannot, for whatever reason, 
determine.
    (k) Determining bid score. NMFS will determine each bid score by 
dividing each bid amount by the sum in paragraph (j)(2) of this 
section.
    (l) Determining reduction loan sub-amount--(1) Value of all bid 
crab in each fishery. NMFS will add the dollar value of bid crab of all 
accepted bidders' reduction/history vessels in each reduction 
endorsement fishery;
    (2) Value of all bid crab in all fisheries. NMFS will add the 
dollar value of bid crab of all accepted bidders' reduction/history 
vessels in all reduction endorsement fisheries plus the Norton Sound 
fishery;
    (3) Each fishery as a percentage of all fisheries. NMFS will divide 
each of the sums in paragraph (l)(1) of this section by the sum in 
paragraph (l)(2) of this

[[Page 69340]]

section. The result of this calculation will be the dollar value of all 
bid crab in each reduction endorsement fishery as a percentage of the 
dollar value of all bid crab in all reduction endorsement fisheries 
plus the Norton Sound fishery;
    (4) Applying percentages to loan amount. NMFS will multiply the 
reduction loan's full original principal amount by each of the yields 
in paragraph (l)(3) of this section; and
    (5) Loan sub-amount. Each of the amounts resulting from the 
calculation in paragraph (l)(4) of this section will be the reduction 
loan subamount that a reduction endorsement fishery must repay.
    (m) Prospectively qualifying bidder and voter notification--(1) 
General. At the appropriate point before issuing an invitation to bid, 
NMFS will publish a notification in the Federal Register listing all 
persons who at the time of publishing the notification prospectively 
are qualifying bidders and qualifying voters;
    (2) Qualifying bidder list. The prospectively qualifying bidder 
list will include the names and addresses of record of each license 
holder of record for all non-interim crab licenses except only crab 
licenses whose sole area/species endorsement is for the Norton Sound 
fishery;
    (3) Qualifying voter list. The prospectively qualifying voter list 
will include the names and addresses of record of each license holder 
of record for all non-interim and interim crab licenses except only 
crab licenses whose sole area/species endorsement is for the Norton 
Sound fishery;
    (4) Basis of lists. NMFS will base both the lists on the RAM 
Program's license holder records for crab licenses meeting the 
requirements of Sec.  679.4(k)(5) of this chapter as well as the 
requirements of this section;
    (5) Purpose. The purpose of the notification is to provide the 
public notice of:
    (i) The prospectively qualifying bidders, and
    (ii) The prospectively qualifying voters; and
    (6) Public comment. Any person who wants to comment about the 
notification has 30 days from the notification's publication date to do 
so. Persons should send their comments to both FSD and the RAM Program 
(at addresses that the notification will specify). Comments may 
address:
    (i) Persons who appear on one or more lists but should not,
    (ii) Persons who do not appear on one or more lists but should, and
    (iii) Persons who believe their names and/or business mailing 
addresses appearing on one or more lists are incorrect.
    (n) Invitation to bid--(1) Notification. At the appropriate point 
after issuing the notification in paragraph (m) of this section, NMFS 
will publish the invitation to bid in the Federal Register notification 
further specified in Sec.  600.1009(c) of this subpart, along with a 
bidding form and terms of capacity reduction agreement. No person may, 
however, bid at this stage;
    (2) Notification contents. The invitation to bid notification will 
state all applicable bid submission requirements and procedures 
(including, but not limited to, those included in this section). In 
particular, the invitation to bid notification will:
    (i) State the date on which NMFS will invite bids by mailing an 
invitation to bid to each person on the prospectively qualifying bidder 
list,
    (ii) State a bid opening date, before which a bidder may not bid, 
and a bid closing date, after which a bidder may not bid,
    (iii) State a bid expiration date after which each bid expires 
unless, prior to that date, NMFS accepts the bid by mailing a written 
acceptance notice to the bidder at the bidder's address of record,
    (iv) State the manner of bid submission and the information each 
bidder must submit for NMFS to deem a bid responsive,
    (v) State any other information required for bid submission, and
    (vi) Include a facsimile of the invitation to bid, along with a 
bidding form and terms of capacity reduction agreement comprising the 
entire terms and conditions of the reduction contract under which each 
bidder must bid and under which NMFS must accept a bid; and
    (3) Mailing. On the date specified in this notification, NMFS will 
invite bids by mailing the invitation to bid and a bidding package, 
including a bidding form terms of capacity reduction agreement, to each 
person then on the prospectively qualifying bidder list. NMFS will not 
mail the invitation to bid to any potential co-bidder because NMFS will 
not then know which bids may include a co-bidder. Each qualifying 
bidder is solely responsible to have any required co-bidder properly 
complete the bid. No person may bid before receiving the invitation to 
bid and the bidding package that NMFS mailed to that person.
    (o) Bids--(1) Content. Each invitation to bid that NMFS mails to a 
qualifying bidder will have a bid form requiring each bid to:
    (i) Identify, by name, regular mail address, telephone number, and 
(if available) electronic mail address, the qualifying bidder and each 
co-bidder,
    (ii) State the bid amount in U.S. dollars,
    (iii) Identify, by crab license number, the qualifying bidder's 
crab reduction permit and include an exact copy of this crab license 
(which the RAM Program issued),
    (iv) Identify, by vessel name and official number, the bidder's 
reduction/privilege vessel, and include an exact copy of this vessel's 
official document (which NVDC issued),
    (v) Identify, by license or permit number, each of the bidder's 
non-crab reduction permits; and include an exact copy of each of these 
licenses or permits (which the RAM Program issued for licenses or 
permits involving species under the jurisdiction of NMFS' Alaska Region 
and which other NMFS offices issued for licenses or permits involving 
species under those offices' jurisdiction),
    (vi) Identify, separately for crab and for each other species:
    (A) The qualifying bidder's reduction fishing history, and
    (B) The dates that each portion of the reduction fishing history 
encompasses; the name and official number of the reduction/history 
vessel or vessels which gave rise to it; and the dates during which the 
qualifying bidder owned such vessels or, if the qualifying bidder 
acquired any reduction fishing history from another person, the name of 
the person from which the qualifying bidder acquired such reduction 
fishing history and the manner in which and the date on which the 
qualifying bidder did so,
    (vii) State, declare, and affirm that the qualifying bidder holds 
the crab reduction permit and retains the complete reduction fishing 
history, and is fully and legally entitled to offer both in the manner 
this section requires,
    (viii) State, declare, and affirm that either the qualifying bidder 
or the co-bidder owns the reduction/privilege vessel and holds the non-
crab reduction permit and is fully and legally entitled to offer both 
in the manner that this section requires, and
    (ix) Provide any other information or materials that NMFS believes 
is necessary and appropriate; and
    (2) Rejection. NMFS, regardless of bid scores, will reject any bid 
that NMFS believes is unresponsive to the invitation to bid. All bid 
rejections will constitute final agency action as of the date of 
rejection. Before rejection, NMFS may, however, contact any bidder to 
attempt to correct a bid deficiency if

[[Page 69341]]

NMFS, in its discretion, believes the attempt warranted.
    (p) Acceptance--(1) Reverse auction. NMFS will determine which 
responsive bids NMFS accepts by using a reverse auction in which NMFS 
first accepts the responsive bid with the lowest bid score and 
successively accepts each additional responsive bid with the next 
lowest bid score until either there are no more responsive bids to 
accept or acceptance of the last responsive bid with the next lowest 
bid score would cause the reduction cost to exceed $100 million. If two 
or more responsive bid scores are exactly the same, NMFS will first 
accept the bid that NMFS first received;
    (2) Notification. NMFS will, after the conclusion of a successful 
referendum, notify accepted bidders that NMFS had, before the 
referendum, accepted their bids; and
    (3) Post-acceptance reduction permit transfer. After NMFS has 
accepted bids, neither the RAM Program (nor any other NMFS office) will 
transfer to other persons any reduction permits that accepted bidders 
included in the bids unless and until FSD advises the RAM Program (or 
some other NMFS office) that the resulting reduction contracts are no 
longer in effect because a referendum failed to approve the fee that 
this section requires to repay this program's reduction loan.
    (q) Reduction contracts subject to successful post-bidding 
referendum condition. Although this program involves no fishing 
capacity reduction specifications under this subpart, each bid, each 
acceptance, and each reduction contract is nevertheless subject to the 
successful post-bidding referendum condition that Sec.  600.1009(a)(3) 
of this subpart specifies for bidding results that do not conform to 
the fishing capacity reduction specifications.
    (r) Post-bidding referendum--(1) Purpose. NMFS will conduct a post-
bidding referendum whose sole purpose is to determine whether, based on 
the bidding results, qualifying voters who cast referendum ballots in 
the manner that this section requires authorize the fee required to 
repay this program's reduction loan;
    (2) Manner of conducting. NMFS will mail a referendum ballot to 
each person then on the prospectively qualifying voter list for each 
crab license that the person holds and otherwise conduct the referendum 
as specified in Sec.  600.1010 of this subpart;
    (3) One vote per crab license. Each qualifying voter may cast only 
one vote for each crab license that each qualifying voter holds;
    (4) Crab license numbers on ballots. Each referendum ballot that 
NMFS mails will contain the license number of the prospectively 
qualifying voter's crab license to which the ballot relates;
    (5) Potential reduction results stated. Each referendum ballot that 
NMFS mails will state the aggregate potential reduction results of all 
the bids that NMFS accepted, including:
    (i) The amount of reduction that all accepted bids potentially 
effect, including:
    (A) The number of crab reduction permits, together with each area/
species endorsement for which each of these licenses is endorsed,
    (B) The number of reduction/privilege vessels and reduction/history 
vessels, and
    (C) The aggregate and average dollar value of bid crab (together 
with the number of pounds of bid crab upon which NMFS based the dollar 
value), in each reduction endorsement fishery and in the reduction 
fishery, for all reduction/history vessels during the period for which 
NMFS calculates the dollar value of bid crab,
    (ii) The reduction loan sub-amount that each reduction endorsement 
fishery must repay if a referendum approves the fee, and
    (iii) Any other useful information NMFS may then have about the 
potential sub-fee rate initially necessary in each reduction 
endorsement fishery to repay each reduction loan sub-amount; and
    (6) Notice that condition fulfilled. If the referendum is 
successful, NMFS will notify accepted bidders, in the manner that Sec.  
600.1010(d)(6)(iii) of this subpart specifies, that a successful 
referendum has fulfilled the reduction contracts' successful post-
bidding referendum condition specified in paragraph (q) of this 
section.
    (s) Reduction method. In return for each reduction payment, NMFS 
will permanently:
    (1) Revoke each crab reduction permit;
    (2) Revoke each non-crab reduction permit;
    (3) Revoke each reduction fishing privilege (which revocation will 
run with the reduction/privilege vessel's title in the manner Sec.  
600.1009(a)(5)(ii)(A) of this subpart requires and in accordance with 
46 U.S.C. 12108(d));
    (4) Effect relinquishment of each reduction fishing history for the 
purposes specified in this section by noting in the RAM Program records 
(or such other records as may be appropriate for reduction permits 
issued elsewhere) that the reduction fishing history has been 
relinquished under this section and will never again be available to 
anyone for any fisheries purpose; and
    (5) Otherwise restrict in accordance with this subpart each 
reduction/privilege vessel and fully effect the surrender, revocation, 
restriction, relinquishment, withdrawal, or extinguishment by other 
means of all components of each reduction fishing interest.
    (t) Reduction payment tender and disbursement--(1) Fishing 
continues until tender. Each accepted bidder may continue fishing as it 
otherwise would have absent the program until NMFS, after a successful 
referendum, tenders reduction payment to the accepted bidder;
    (2) Notification to the public. After a successful referendum but 
before tendering reduction payment, NMFS will publish a notification in 
the Federal Register listing all proposed reduction payments and 
putting the public on notice:
    (i) Of the crab reduction permits, the reduction/privilege vessels, 
the reduction fishing histories, and the non-crab reduction permits 
upon whose holding, owning, retaining, or other legal authority 
representations accepted bidders based their bids and NMFS based its 
acceptances, and
    (ii) That NMFS intends, in accordance with the reduction contracts, 
to tender reduction payments in return for the actions specified in 
paragraph (s) of this section;
    (3) Public response. The public has 30 days after the date on which 
NMFS publishes the reduction payment tender notification to advise NMFS 
in writing of any holding, owning, or retaining claims that conflict 
with the representations upon which the accepted bidders based their 
bids and on which NMFS based its acceptances;
    (4) Tender and disbursement parties. NMFS will tender reduction 
payments only to accepted bidders, unless otherwise provided contrary 
written instructions by accepted bidders. Creditors or other parties 
with secured or other interests in reduction/privilege vessels or 
reduction permits are responsible to make their own arrangements with 
accepted bidders;
    (5) Time of tender. At the end of the reduction payment tender 
notification period, NMFS will tender reduction payments to accepted 
bidders, unless NMFS then knows of a material dispute about an accepted 
bidder's authority to enter into the reduction contract with respect to 
any one or more components of the reduction fishing interest that 
warrants, in NMFS' discretion, an alternative course of action;

[[Page 69342]]

    (6) Method of tender and disbursement. NMFS will tender reduction 
payment by requesting from each accepted bidder specific, written 
instructions for paying the reduction payments. Upon receipt of these 
payment instructions, NMFS will immediately disburse reduction payments 
in accordance with the payment instructions; and
    (7) Effect of tender. Concurrently with NMFS' tender of reduction 
payment to each accepted bidder:
    (i) All fishing activity for any species anywhere in the world in 
any way associated with each accepted bidder's reduction fishing 
interest must cease,
    (ii) Each accepted bidder must retrieve all fixed fishing gear for 
whose deployment the accepted bidder's reduction/privilege vessel was 
responsible, and
    (iii) NMFS will fully exercise its reduction contract rights with 
respect to the reduction fishing interest by taking the actions 
specified in paragraph (s) of this section.
    (u) Fee payment and collection--(1) Fish sellers who pay the fee. 
Any person who harvests any crab, but whom ADF&G's fisheries reporting 
requirements do not require to record and submit an ADF&G fish ticket 
for that crab, is a fish seller for the purpose of paying any fee on 
that crab and otherwise complying with the requirements of Sec.  
600.1013 of this subpart;
    (2) Fish buyers who collect the fee. Any person whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for any crab that another person harvested is a fish buyer 
for the purpose of collecting the fee on that crab and otherwise 
complying with the requirements of Sec.  600.1013 of this subpart; and
    (3) Persons who are both fish sellers and fish buyers and both pay 
and collect the fee. Any person who harvests any crab, and whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for that crab, is both a fish seller and a fish buyer for 
the purpose of paying and collecting the fee on that crab and otherwise 
complying with the requirements of Sec.  600.1013 of this subpart.
    (v) Fishing prohibition and penalties--(1) General. Fishing, for 
the purpose of this section, includes the full range of activities 
defined in the term ``fishing'' in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801),
    (2) Prohibitions. Concurrently with NMFS' tender of each reduction 
payment, and with the sole exception in paragraph (t)(7)(i) of this 
section, no person whatsoever may, and it is unlawful for any person 
to:
    (i) Fish with or attempt to fish with, or allow others to fish with 
or attempt to fish with, the reduction/privilege vessel anywhere in the 
world for any species under any conditions and regardless of the 
reduction/privilege vessel's ownership or registry for so long as the 
reduction/privilege vessel exists. This prohibition includes, but is 
not limited to, fishing on the high seas or in the jurisdiction of any 
foreign country (to the extent prohibited by law) while operating under 
U.S. flag,
    (ii) Place or attempt to place, or allow others to place or attempt 
to place, the reduction/privilege vessel under foreign flag or 
registry,
    (iii) Operate or attempt to operate, or allow others to operate or 
attempt to operate, the reduction/privilege vessel under the authority 
of a foreign country to the extent prohibited by law,
    (iv) Otherwise avoid or attempt to avoid, or allow others to avoid 
or attempt to avoid, the revocation of the reduction fishing privilege 
with respect to any reduction/privilege vessel, and
    (v) Make any claim or attempt to make any claim, or allow others to 
claim or attempt to make any claim, for any present or future limited 
access fishing license or permit in any U.S. fishery (including, but 
not limited to, any quota allocation under any present or future 
individual quota allocation system) based in any way on any portion of 
a reduction fishing interest surrendered, revoked, restricted, 
relinquished, withdrawn, or extinguished by other means under this 
section; and
    (3) Penalties. The activities that this paragraph prohibits are 
subject to the full penalties provided in Sec.  600.1017 of this 
subpart, and immediate cause for NMFS to take action to, among other 
things:
    (i) At the reduction/privilege vessel owner's expense, seize and 
scrap the reduction/privilege vessel, and
    (ii) Pursue such other remedies and enforce such other penalties as 
may be applicable.
    (w) Program administration--(1) FSD responsibilities. FSD is 
responsible for implementing and administering this program. FSD will:
    (i) Issue all notifications and mailings that this section 
requires,
    (ii) Prepare and issue the invitation to bid,
    (iii) Receive bids,
    (iv) Reject bids,
    (v) Score bids,
    (vi) Make acceptances,
    (vii) Prepare and issue referendum ballots,
    (viii) Receive referendum ballots,
    (ix) Tally referendum ballots,
    (x) Determine referendum success or failure,
    (xi) Tender and disburse reduction payments,
    (xii) Administer reduction contracts,
    (xiii) Administer fees and reduction loan repayment, and
    (xiv) Discharge all other management and administration functions 
that this section requires;
    (2) RAM Program responsibilities. Upon FSD's advice, the RAM 
Program (for fishing licenses under the jurisdiction of NMFS's Alaska 
Region) and any other appropriate NMFS authority (for fishing licenses 
under the jurisdiction of any other NMFS office) will revoke reduction 
permits and effect the surrender of fishing histories in accordance 
with this section; and
    (3) NVDC and MARAD responsibilities. FSD will advise NVDC, MARAD, 
such other agency or agencies as may be involved, or all of them to 
revoke reduction/privilege vessels' fisheries trade endorsements and 
otherwise restrict reduction/privilege vessels in accordance with this 
section.
    (x) Reduction loan and reduction loan sub-amounts. [Reserved]
[FR Doc. 03-30795 Filed 12-11-03; 8:45 am]
BILLING CODE 3510-22-S