[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33243-33255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 300 and 679

[Docket No. 120223143-3489-02]
RIN 0648-BB94


Amendment 94 to the Gulf of Alaska Fishery Management Plan and 
Regulatory Amendments for Community Quota Entities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS publishes regulations to implement Amendment 94 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). 
This final rule amends certain sablefish provisions of the Individual 
Fishing Quota Program for the Fixed-Gear Commercial Fisheries for 
Pacific Halibut and Sablefish in Waters in and off Alaska (IFQ 
Program). Amendment 94 and its implementing regulations revise the 
vessel use caps applicable to sablefish quota share (QS) held by Gulf 
of Alaska (GOA) Community Quota Entities (CQEs). This final rule makes 
the same regulatory revisions to the vessel use caps applicable to 
halibut QS held by GOA CQEs. In this action, NMFS also revises the IFQ 
Program regulations to add three eligible communities to the CQE 
Program; to allow CQEs in International Pacific Halibut Commission 
regulatory area 3A (Area 3A) to purchase vessel category D halibut QS; 
to revise CQE annual reporting requirements, including specifying 
reporting requirements for the charter halibut program; to clarify the 
CQE floating processor landing reporting requirements; and to 
consolidate CQE Program eligibility by community in a single table in 
the regulations.

DATES: Effective July 5, 2013.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR) 
prepared for Amendment 94 and the changes to the vessel use caps 
applicable to halibut IFQ derived from CQE QS, the RIR prepared for the 
regulatory amendment to add three communities to the list of CQE 
eligible communities, and the RIR prepared for the regulatory amendment 
to allow CQEs in Area 3A to purchase vessel category D halibut QS are 
available from http://www.regulations.gov or from the NMFS Alaska 
Region Web site at http://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, AK; or by email to [email protected] or fax to (202) 
395-7285.

FOR FURTHER INFORMATION CONTACT: Peggy Murphy, (907) 586-7228.

SUPPLEMENTARY INFORMATION: This final rule implements Amendment 94 to 
the FMP and a suite of regulations that modify the GOA CQE Program. 
NMFS published the Notice of Availability for Amendment 94 in the 
Federal Register on February 22, 2013 (78 FR 12287) with a 60-day 
comment period that ended April 23, 2013. The Secretary approved 
Amendment 94 on May 20, 2013 after taking into account public comments, 
and determining that Amendment 94 is consistent with the FMP, the 
Magnuson-Stevens Fishery Conservation and Management Act

[[Page 33244]]

(Magnuson-Stevens Act), and other applicable law. NMFS published a 
proposed rule for Amendment 94 in the Federal Register on March 6, 2013 
(78 FR 14490). The 30-day comment period on the proposed rule ended on 
April 5, 2013. NMFS received three comment letters on the proposed 
rule. A summary of these comments and NMFS' responses are provided in 
the ``Comments and Responses'' section of this preamble.
    A detailed review of this action is provided in the notice of 
availability for Amendment 94 (78 FR 12287, February 22, 2013) and the 
proposed rule (78 FR 14490, March 6, 2013) and is not repeated here.
    The preamble to this final rule provides a brief review of the 
regulatory changes made by this final rule to the management of the IFQ 
and CQE Programs and the annual recordkeeping and reporting 
requirements for CQEs participating in the IFQ Program, the Charter 
Halibut Limited Access Permit Program, and the License Limitation 
Program for GOA Pacific cod.

Background on the IFQ and CQE Program

    The IFQ Program, a limited access privilege program for the 
commercial fixed-gear halibut fisheries off Alaska and sablefish 
(Anoplopoma fimbria) fisheries in the Exclusive Economic Zone (EEZ) off 
Alaska, was recommended by the Council in 1992 and approved by NMFS in 
1993. Initial implementing rules were published November 9, 1993 (58 FR 
59375), and fishing under the IFQ Program began on March 15, 1995. The 
IFQ Program limits access to the halibut and sablefish fisheries to 
those persons holding QS in specific management areas. The IFQ Program 
for the sablefish fishery is implemented by the FMP and Federal 
regulations at 50 CFR part 679 under the authority of the Magnuson-
Stevens Act. The IFQ Program for the halibut fishery is implemented by 
Federal regulations at 50 CFR part 679 under the authority of the 
Northern Pacific Halibut Act (Halibut Act). A comprehensive explanation 
of the IFQ Program can be found in the final rule implementing the 
program (58 FR 59375, November 9, 1993).
    Since the inception of the IFQ Program, many residents of Alaska's 
smaller remote coastal communities who held QS have transferred their 
QS to non-community residents or moved out of the smaller coastal 
communities. As a result, the number of resident QS holders has 
declined substantially in most of the GOA communities with IFQ Program 
participants. This transfer of halibut and sablefish QS and the 
associated fishing effort from the GOA's smaller remote coastal 
communities has limited the ability of residents to locally purchase or 
lease QS and has reduced the diversity of fisheries to which fishermen 
in remote coastal communities have access. The ability of fishermen in 
a remote coastal community to purchase QS or maintain existing QS may 
be limited by a variety of factors both shared among and unique to each 
community. Although the specific causes for decreasing QS holdings in a 
specific community may vary, the net effect is overall lower 
participation by residents of these communities in the halibut and 
sablefish IFQ fisheries. The substantial decline in the number of 
resident QS holders and the total amount of QS held by residents of 
remote coastal communities may have aggravated unemployment and related 
social and economic conditions in those communities.
    The Council recognized that a number of remote coastal communities 
were struggling to remain economically viable. The Council developed 
the CQE Program to provide these communities with long-term 
opportunities to access the halibut and sablefish resources. The 
Council recommended the CQE Program as an amendment to the IFQ Program 
in 2002 (Amendment 66 to the FMP), and NMFS implemented the program in 
2004 (69 FR 23681, April 30, 2004).
    The CQE Program allows a distinct set of remote coastal communities 
in the GOA that met historic participation criteria in the halibut and 
sablefish fisheries to purchase and hold catcher vessel halibut QS in 
halibut Areas 2C, 3A, and 3B, and catcher vessel sablefish QS in the 
GOA. The communities are eligible to participate in the CQE Program 
once they are represented by a NMFS-approved non-profit entity called a 
CQE. The CQE is the holder of the QS and is issued the IFQ annually by 
NMFS. With certain exceptions, the QS must remain with the CQE. This 
program structure creates a permanent asset for the community to use. 
The structure promotes community access to QS to generate participation 
in, and fishery revenues from, the commercial halibut and sablefish 
fisheries.
    Once the CQE holds QS, the CQE can lease the annual IFQ resulting 
from the CQE-held QS to individual community residents. The CQE Program 
also promotes QS ownership by individual community residents. 
Individuals who lease annual IFQ from the CQE could use IFQ revenue to 
purchase their own QS. The Council believed, and NMFS agrees, that both 
the CQE and non-CQE-held QS are important in terms of providing 
community residents fishing access that promotes the economic health of 
communities.
    Since the CQE Program began, NMFS has implemented regulations that 
authorize the allocation of limited access fishing privileges for the 
guided sport halibut fishery and the GOA groundfish fishery for Pacific 
cod, to be allotted to select communities that are eligible to form a 
CQE. For the guided sport halibut fishery, the Council recommended and 
NMFS authorized certain communities in Southeast Alaska and 
Southcentral Alaska, Areas 2C and 3A, to request and receive a limited 
number of charter halibut permits, and designate a charter operator to 
use a community charter halibut permit to participate in the charter 
halibut fisheries (75 FR 554, January 5, 2010). The Council 
recommended, and NMFS approved and implemented, Amendment 86 to the FMP 
to authorize CQEs representing certain communities in the Central and 
Western GOA to request and receive a limited number of Pacific cod 
endorsed non-trawl groundfish License Limitation Program (LLP) licenses 
and assign those LLP licenses to specified users and vessels operating 
in those CQE communities (76 FR 15826, March 22, 2011). The Council and 
NMFS wanted to enhance access to the groundfish and halibut fisheries 
and generate revenues for communities. Furthermore, the Council and 
NMFS wanted to provide for direct participation by individuals residing 
in, or operating out of, CQE communities. A description of the specific 
rationale and criteria considered by the Council and NMFS when 
authorizing these additional fishery access opportunities to CQEs are 
provided in the final rules implementing these programs and are not 
repeated here (75 FR 554, January 5, 2010; 76 FR 15826, March 22, 
2011). Generally, the Council chose to rely on the criteria defined 
under Amendment 66 to determine the subsets of coastal communities that 
may benefit from participation opportunities in the guided sport 
halibut and GOA Pacific cod fisheries.

Actions Implemented by This Rule

    This final rule implements four separate actions: (1) Revises the 
vessel use cap applied to sablefish QS held by GOA CQEs (Amendment 94) 
and to halibut QS held by CQEs; (2) adds three communities to the list 
of CQE-eligible communities; (3) allows CQEs in Area 3A to purchase 
halibut vessel category D QS; and (4) adds and updates annual 
recordkeeping and recording

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requirements for CQEs participating in limited access programs for 
charter halibut fisheries and the GOA Pacific cod endorsed non-trawl 
groundfish fisheries. Action 1, as it relates to sablefish, implements 
the GOA FMP. Action 1, as it relates to halibut, and actions 2 through 
action 4, amend the IFQ Program and CQE Program regulations.
    The four actions are described below.

Action 1: Revise Vessel Use Cap for Sablefish (Amendment 94) and 
Halibut

    Action 1 implements the GOA FMP and amends Federal regulations at 
Sec.  679.42(h)(1)(ii) and (h)(2)(ii) to make the vessel use caps 
applicable to vessels fishing either sablefish or halibut IFQ derived 
from CQE-held QS similar to those applicable to vessels fishing 
sablefish or halibut derived from non-CQE-held QS. This regulatory 
revision is intended to provide community residents with additional 
access to vessels to fish IFQs leased from CQEs and may enable more 
CQEs and eligible community residents to participate in the IFQ 
Program.
    Under this final rule, IFQ derived from non-CQE-held QS is excluded 
from the 50,000 pound vessel use cap. Only IFQ derived from CQE-held QS 
will count towards the vessel use cap. In effect, the following annual 
vessel use caps will apply to all vessels harvesting IFQ: No vessel can 
be used to harvest (1) more than 50,000 pounds (22.7 mt) of halibut or 
sablefish IFQ leased from a CQE, and (2) more halibut or sablefish IFQ 
than the IFQ Program overall vessel use caps. The IFQ Program halibut 
vessel use caps will remain at 1 percent of the Area 2C halibut IFQ 
total catch limit and 0.5 percent of the combined halibut total catch 
limits in all halibut regulatory areas off Alaska (Areas 2C, 3A, 3B, 
4A, 4B, 4C, 4D, and 4E). The IFQ Program sablefish vessel use caps will 
remain at 1 percent of the Southeast sablefish IFQ total allowable 
catch (TAC) and 1 percent of the combined sablefish TAC in all 
sablefish regulatory areas off Alaska (GOA and BSAI).
    Under Action 1, if, during any fishing year, a vessel is used to 
harvest halibut IFQ or sablefish IFQ derived from CQE-held QS and non-
CQE-held QS, the harvests of IFQ derived from the non-CQE-held QS will 
not accrue against either the halibut 50,000-pound vessel use cap or 
the sablefish 50,000-pound vessel use cap for IFQ leased from a CQE. 
However, the harvests of halibut and sablefish IFQ derived from all 
sources will accrue against the overall vessel use caps. A vessel 
cannot use more than 50,000 pounds of halibut IFQ and 50,000 pounds of 
sablefish IFQ derived from QS held by a CQE during the fishing year. A 
vessel can be used to harvest additional IFQ from non-CQE-held QS up to 
the overall vessel use caps applicable in the IFQ Program, if the 
overall vessel use caps are greater than 50,000 pounds. If the vessel 
use caps in the IFQ Program are lower than 50,000 pounds in a given 
year, then the lowest vessel use cap will apply. For example, in the 
Area 2C halibut fishery in 2013, the overall vessel use cap for the IFQ 
Program of 1 percent of the Area 2C halibut IFQ total catch limit was 
29,700 pounds. This 29,700-pound limit is more restrictive than the 
50,000-pound vessel use cap for IFQ leased from a CQE, as proposed 
under Action 1. Alternatively, for Areas 3A and 3B, the 50,000-pound 
vessel use cap for halibut IFQ derived from CQE-held QS is more 
restrictive in 2013 because the overall vessel use cap of 0.5 percent 
of the combined halibut total catch limits in all halibut regulatory 
areas was 109,054 pounds.
    The final rule is expected to provide additional opportunities for 
a CQE to lease IFQ to community residents, as the pool of potential 
resident applicants should increase if there is a larger pool of 
potential vessels from which residents can fish CQE-leased IFQ. CQEs 
and community residents leasing IFQ from CQEs may benefit from an 
increase in available vessels that will be able to use additional CQE-
leased IFQ onboard. The revision will increase a vessel's overall IFQ 
use cap. The resulting increase in harvesting opportunity could benefit 
CQE communities through increases in revenues and CQE purchases of QS. 
Such resources are important for CQE communities to develop short and 
longer term financial and fishery business plans.

Action 2: Add Three CQE Communities

    Action 2 of this final rule adds the communities of Game Creek and 
Naukati Bay in Area 2C, and Cold Bay in Area 3B to the list of 
communities that are eligible to participate in the GOA CQE Program. In 
establishing the CQE Program, the Council adopted a specific list of 
eligible communities to limit entry of new communities into the CQE 
Program. A community not specifically designated on the list of 
communities adopted by the Council may apply directly to the Council to 
be included. In this event, the Council may modify the list of eligible 
communities through a regulatory amendment approved by the Secretary.
    The communities of Game Creek and Naukati Bay petitioned the 
Council in March 2010 to be added to the list of CQE-eligible 
communities. Upon receiving the petitions from Game Creek and Naukati 
Bay, the Council reviewed all communities that are located on the coast 
of Areas 2C, 3A, or 3B. The Council and NMFS found the community of 
Cold Bay eligible, and the city of Cold Bay agreed to represent the 
community in approval of a CQE. The Council evaluated each of the three 
communities with respect to the CQE qualification criteria and 
determined they would be eligible to participate as CQE communities. 
The Council recommended that the communities be added to the list of 
eligible CQE communities in Table 21 to part 679. This final rule 
revises Table 21 to part 679 to add the communities of Game Creek, 
Naukati Bay and Cold Bay as eligible to participate in the CQE Program.
    Each of the three eligible communities will need to meet applicable 
requirements to participate in the CQE Program. Each of the three 
communities will need to form a new (or use an existing) qualified non-
profit entity to represent the eligible community as a CQE, as required 
by regulations at Sec.  679.41(l). Once the non-profit entity is 
formed, it must have written approval from the governing body of the 
community to submit an application to NMFS for review and approval to 
participate in the CQE Program. Upon approval by NMFS, the non-profit 
entity becomes a CQE and is permitted to purchase and hold halibut and 
sablefish QS on behalf of the community. The CQEs representing Game 
Creek and Naukati Bay will be eligible to purchase halibut catcher 
vessel QS in Area 2C and Area 3A, and sablefish catcher vessel QS in 
the GOA (Southeast, West Yakutat, Central Gulf and Western Gulf). The 
CQE representing Cold Bay will be eligible to purchase halibut catcher 
vessel QS in Area 3A and Area 3B, and GOA sablefish catcher vessel QS.
    The Council also reviewed these three communities with respect to 
eligibility criteria for the other limited access programs for which 
the existing CQEs are eligible: the charter halibut limited access 
program and the LLP for GOA groundfish. The Council determined that the 
communities of Naukati Bay and Game Creek meet the regulatory criteria 
to be eligible to participate as CQE communities in the charter halibut 
limited access program (75 FR 554, January 5, 2010). The Council 
determined the community of Cold Bay is not eligible because it is 
located in the Alaska Peninsula regulatory area, Area 3B. Only CQEs 
representing certain communities in Southeast Alaska and Southcentral 
Alaska, Areas 2C and 3A, are allowed to request and receive a

[[Page 33246]]

limited number of charter halibut permits. The CQEs representing Game 
Creek and Naukati Bay can request up to four charter halibut permits 
endorsed for Area 2C. Four is the maximum number of charter halibut 
permits that CQE communities located in Area 2C may request.
    The Council also determined the community of Cold Bay is eligible 
to participate as a CQE community in the GOA Pacific cod LLP. Naukati 
Bay and Game Creek are not eligible to participate in the GOA Pacific 
cod LLP because they are located in Southeast Alaska and the LLP 
affects the Western and Central GOA. Cold Bay can have its CQE request 
Pacific cod endorsed non-trawl groundfish LLP licenses as implemented 
by NMFS under the GOA fixed gear recency action under GOA FMP Amendment 
86 (76 FR 15826, March 22, 2011). Under LLP regulations, the community 
of Cold Bay is eligible to receive a maximum of two Western GOA LLP 
licenses with endorsements for Pacific cod and pot gear.
    NMFS does not know if this action will result in increased 
community access to the halibut and sablefish fisheries due to the 
limited financing options and high quota prices seen in recent years. 
Council analysis indicated that CQE communities are most likely to 
participate in the charter halibut limited access program because they 
will receive a limited number of community charter halibut permits at 
no cost. Furthermore, the charter halibut permit program does not 
restrict charter halibut permit use only to CQE community residents. 
Overall, the Council concluded that adding communities to the CQE 
Program will have a limited impact on existing users of the halibut and 
groundfish resources of the GOA, but will provide additional 
opportunities to the residents of Cold Bay, Game Creek, and Naukati 
Bay.

Action 3: Allow CQEs in Area 3A To Purchase Vessel Category D Halibut 
QS

    Action 3 allows a CQE representing a community or communities in 
Area 3A to hold QS that is assigned to vessel category D. Action 3 
allows some redistribution of vessel category D QS to CQEs, thereby 
increasing fishing opportunities for CQE communities in Area 3A and for 
the owners of the small category D catcher vessels they may use. Vessel 
category D QS is generally the least expensive category of halibut QS 
because non-CQE IFQ derived from category D QS can only be used on the 
smallest category of catcher vessel. It is often purchased and used by 
smaller operations or new entrants. Based on public testimony received 
from residents of communities located in Area 3A and its review of the 
CQE Program, the Council determined that additional CQEs in Area 3A 
could participate in the CQE Program if they were eligible to purchase 
vessel category D halibut QS.
    Action 3 has three provisions that allow CQEs representing 
communities in Area 3A to hold a limited amount of vessel category D 
halibut QS in Area 3A as described in the preamble for the proposed 
rule (78 FR 14490, March 6, 2013). No change to Area 2C is made by this 
final rule.
    The first provision implemented by this final rule requires that 
CQEs that purchase and hold Area 3A, vessel category D, QS, fish the 
annual halibut IFQ on category D vessels, which are vessels less than 
or equal to 35 ft. length overall (LOA). These less than 35 ft. LOA 
vessels are typically used by an entry-level participant and by most 
residents in Area 3A communities.
    The second provision of this action caps the purchase of vessel 
category D QS by eligible Area 3A CQEs at 1,223,740 units (132,293 
pounds in 2010). The new cap equals the number of vessel category D QS 
units initially issued to individual residents of Area 3A CQE 
communities. If Area 3A CQE communities purchase sufficient QS to reach 
the cap, then NMFS will notify Area 3A CQEs that no more vessel 
category D QS can be transferred, and further transfers will be 
prohibited by NMFS. The Council recommended this limit to provide 
opportunities for CQEs to hold an amount of vessel category D QS up to 
the amount historically held by CQE residents. However, the cap amount 
does not significantly expand the total holdings of vessel category D 
QS in CQE communities or significantly increase potential competition 
for vessel category D QS between non-CQE and CQE QS holders.
    The third provision of this action allows a CQE to purchase any 
size block of vessel category D halibut QS in Area 3A. A block is a 
consolidation of QS units that may not be divided. The IFQ Program 
initially issued QS in blocks to address various problems. Most 
initially issued QS that resulted in less than the equivalent of 20,000 
pounds (9 mt) of IFQ (in 1994 pound equivalents) was ``blocked,'' that 
is, issued as an inseparable unit. Subsequent amendments to the IFQ 
Program created a variety of block sizes that were available for 
transfer. One of the primary purposes of QS blocks and the amendments 
to the block provisions was to conserve small blocks of QS that could 
be purchased at a relatively low cost by crew members and new entrants 
to the IFQ fisheries. As the experience of these fishermen increased 
and the size of their fishing operations grew, larger amounts of QS 
were needed to accommodate this growth. The method of a ``sweep-up'' 
was introduced to allow very small blocks of QS to be permanently 
consolidated so as to be practical to fish without exceeding block use 
caps. Over time, the Council and NMFS made moderate increases in the 
sweep-up levels to allow greater amounts of QS to be swept-up into 
larger amounts that could be fished more economically.
    Prior to this final rule, CQEs were prohibited from purchasing a 
halibut QS block in Area 3A that consists of less than 46,520 QS units. 
The majority of vessel category D halibut QS available in Area 3A is in 
small blocks less than or equal to the current sweep-up limit of 46,520 
QS units. At the time of analysis (2010), 10 percent of the Area 3A, 
vessel category D, halibut QS was unblocked, 28 percent was blocked at 
levels greater than the sweep-up limit (large blocks), and 62 percent 
was blocked at levels less than or equal to the sweep-up limit (small 
blocks). The Council reviewed these data and determined that 
regulations requiring CQEs to use unblocked QS and large blocks of QS 
limited the opportunity for CQEs in Area 3A to purchase vessel category 
D QS. CQEs have few opportunities to purchase vessel category D QS from 
residents of CQE communities who are either retiring out of the fishery 
or transitioning to a different category of QS. Therefore, the Council 
recommended the provision implemented by this final rule to allow CQEs 
to purchase any size block of vessel category D halibut QS in Area 3A.
    The primary effect of the three provisions implemented by this 
action on existing IFQ and CQE Program participants will be the 
potential for greater competition in the market for purchasing vessel 
category D halibut QS, which could result in a higher price. While this 
potential for competition affects all current and potential QS holders, 
including resident fishermen of CQE communities, the impacts of the 
action on all IFQ Program participants will be limited by the total 
amount of vessel category D halibut QS available for sale and the 
extent that CQEs are capable of purchasing vessel category D QS in Area 
3A. Given current financing options to secure funding for a QS purchase 
and the trend of reduced rates of halibut QS transfers, the Council and 
NMFS could not determine through the analysis of this action whether 
allowing CQEs to access vessel category D QS in Area 3A will have an 
impact

[[Page 33247]]

on the amount of vessel category D QS transfers or the overall market 
price for the purchase of vessel category D QS. While CQEs will likely 
continue to have difficulty in funding the purchase of QS, this action 
will potentially provide more opportunity for communities to 
participate in the halibut QS market.

Action 4: Technical Revisions to Recordkeeping and Reporting

    Action 4 amends CQE recordkeeping and reporting requirements, 
clarifies CQE Program eligibility for individual communities, and 
corrects minor errors in current program regulations.

Annual Reporting

    When the Council developed the CQE Program, it recommended that 
CQEs prepare and submit an annual report to NMFS that described the 
prior year's business and fishing operations. The annual report 
requirements capture three performance standards that the Council 
established for CQEs. The performance standards are (1) equitable 
distribution of IFQ leases within a community, (2) the use of IFQ by 
local crew members, and (3) the percentage of IFQ resulting from 
community-held QS that is fished on an annual basis. A CQE's annual 
report is used by the Council to measure the CQE's prior year's 
performance against these standards. These annual reports are used to 
track the progress of the CQEs and assess whether the CQE issuance of 
the fishing privileges is meeting the overall goal of the CQE Program.
    This action consolidates the CQE annual reporting requirements for 
all CQE participation in Federal fishery management programs in Sec.  
679.5(t), the recordkeeping and reporting regulations. Paragraph (t) 
describes both general reporting requirements for CQE annual reports 
and specific reporting requirements for any CQE participating in the 
IFQ, charter halibut limited access, and LLP programs. The action also 
revises Sec.  679.4(k), Permits, and Sec.  679.5(l), Recordkeeping and 
Reporting, to reference the single location for annual reporting 
regulations at Sec.  679.5(t). Finally, the action adds a CQE annual 
reporting requirement to the charter halibut limited access program at 
Sec.  300.67(k)(7). This final rule streamlines regulatory text and 
provides CQEs with a single reference to determine their annual 
reporting requirements.

CQE Floating Processor Landing Report Requirements

    This action revises the recordkeeping and reporting regulations at 
Sec.  679.5(e) for CQE floating processors. Under Amendment 83 to the 
GOA FMP, NMFS implemented regulations that allow vessels to receive and 
process catch harvested by other vessels within the municipal 
boundaries of CQEs located in the Central and Western GOA (76 FR 74670, 
December 1, 2011). This action does not modify provisions applicable to 
the general use of CQE floating processors that were established and 
described in the final rule implementing Amendment 83, but does clarify 
specific reporting requirements that must be met. This final rule 
revises regulations at Sec.  679.5(e)(5) to require CQE floating 
processors that receive groundfish from catcher vessels to submit a 
shoreside processor landing report. In addition, the definition of a 
mothership at Sec.  679.2(3), which is specific to CQE floating 
processors, is no longer needed and is removed with this final rule.

Modify Table 21 to Part 679

    This action makes three modifications to Table 21 to part 679 by 
adding column headings to describe the management areas where CQE 
Program communities may use halibut and sablefish. The preambles to the 
proposed and final rules for GOA Amendment 66 describe the specific 
communities that may use halibut and sablefish IFQ (proposed rule: 68 
FR 59564, October 16, 2003; final rule: 69 FR 23681, April 30, 2004). 
Under GOA Amendment 66, the Council allowed a distinct set of 42 remote 
coastal communities with historic participation in the halibut and 
sablefish fisheries to purchase and hold halibut QS in halibut 
regulatory Areas 2C, 3A, and 3B of the GOA and sablefish QS in the 
Southeast and Southcentral Alaska. The distinction between communities 
that may lease halibut IFQ in Area 3A as compared to Area 3B is not 
clear in the original table. As a result, this final rule modifies 
Table 21 to part 679 to clearly delineate which communities may lease 
halibut IFQ in Areas 3A and 3B. This modification is needed to 
accurately describe community eligibility to lease halibut QS by 
halibut IFQ regulatory area and eliminate potential confusion by the 
regulated public.
    This final rule also modifies Table 21 by adding a column to 
specify the CQE communities in the GOA that are eligible to lease 
sablefish IFQ to community residents.
    A third modification implemented by this final rule adds columns to 
Table 21 to list the maximum number of charter halibut limited access 
permits and the halibut IFQ regulatory area of the charter halibut 
limited access permits that may be granted to CQEs representing 
specific communities. The halibut charter moratorium program (75 FR 
554, January 5, 2010) issued a limited number of charter halibut 
permits to each CQE representing a community in Area 2C and Area 3A 
that meets specific criteria denoting underdeveloped charter halibut 
ports. Under this final rule, Table 21 lists the maximum number of 
charter halibut limited access permits that may be issued in halibut 
IFQ regulatory Area 2C and Area 3A by an eligible community.
    The three modifications to Table 21 implemented by this rule will 
assist CQEs and other stakeholders in referencing fishing program 
eligibility by CQE community.

Remove Table 50 to Part 679

    This final rule incorporates the information previously located in 
Table 50 to part 679 and moves it into Table 21. Table 50 originated as 
part of Amendment 86 to the FMP to modify the License Limitation 
Program (LLP) for groundfish fisheries (76 FR 15826, March 22, 2011). 
Amendment 86 authorized CQEs representing certain communities in the 
Central and Western GOA to request and receive a limited number of 
Pacific cod endorsed non-trawl groundfish LLP licenses and assign those 
LLP licenses to specified users and vessels operating in those CQE 
communities. Combining Table 21 and Table 50 consolidates regulations 
describing each CQE community's eligibility to participate in Federal 
fishery management programs in the GOA. The revised Table 21 clearly 
defines each CQE community's opportunities and removes duplicate 
information currently contained in Table 50. CQEs and other 
stakeholders will be able to reference Table 21 and efficiently locate 
all the fishing programs for which a specific CQE community is 
eligible.

Comments and Responses

    The proposed rule for this action was published in the Federal 
Register on March 6, 2013 (78 FR 14490). NMFS received three comment 
letters for the proposed rule. One comment letter did not directly 
address Amendment 94 or the proposed rule; rather, the commenter 
provided general comments related to the Federal government's 
management of marine resources. Because they do not address the 
amendment or proposed rule, NMFS does not respond to those comments in 
this final rule. A second commenter was in favor of the rule because it 
will promote better monitoring and reporting of harvests. The third 
comment letter was received from a fishing industry representative who 
supported actions 1

[[Page 33248]]

through 3 as proposed. However, the fishing industry representative 
suggested three modifications to the proposed regulations under action 
4 for CQE annual reporting. A summary of these four unique comments and 
NMFS' responses follow.
    Comment 1: I support this rule because it will improve NOAA's 
ability to monitor harvests. This will benefit fish stocks in Alaska.
    Response: NMFS acknowledges the comment.
    Comment 2: The proposed rule would require CQEs to report each set 
of ports from which a vessel using a charter halibut held by the CQE 
departed and to which it returned, and the total number of trips to 
occur to and from each set of ports. This reporting requirement is 
burdensome on CQEs because the information would need to be collected 
at the end of the fishing season when it is difficult to interface with 
the CQE permit holder. Moreover, this information is already compiled 
in the state charter operator's logbook.
    Response: NMFS proposed to require CQEs to provide information in 
their annual reports for each set of ports from which the vessel 
departed and to which it returned, and the total number of trips to 
occur to and from each set of ports for charter halibut permits, 
because the information is not compiled elsewhere. Currently, charter 
operators record the community or port where each charter fishing trip 
ended in the Saltwater Charter Logbook administered by the Alaska 
Department of Fish and Game. The community or port of departure is not 
recorded in the Saltwater Charter Logbook. Therefore, NMFS will require 
the complete set of charter halibut permit use information. The 
proposed reporting requirement is consistent with the goals of the 
charter halibut limited access program and is necessary for NMFS and 
the Council to review and evaluate the use of charter halibut permits 
held by CQEs.
    NMFS considers that it is feasible and a reasonable request that 
CQEs obtain charter halibut permit use information, including each set 
of ports from which the vessel departed and to which it returned, and 
the total number of trips to occur to and from each set of ports. A CQE 
can establish that persons using a charter halibut permit held by the 
CQE will provide this information as a condition of permit use. 
Additionally, annual reports are due January 31 for the prior calendar 
year, which provides sufficient time between the end of the fishing 
season and the report deadline for the CQE charter halibut permit user 
to submit required port data to the CQE.
    For these reasons, this final rule requires CQEs to report each set 
of ports from which the vessel departed and to which it returned, and 
the total number of trips to occur to and from each set of ports in the 
CQE annual report for charter halibut permits.
    Comment 3: Remove the proposed requirement for CQEs to report the 
business address of each person employed as a crew member on each 
vessel used to harvest IFQ derived from QS held by the CQE. Since the 
CQE Program was implemented, it has proven difficult to obtain address 
information for IFQ crew members after the fishing season is completed. 
Generally, a crew member's name and residency may be the only 
information a CQE can obtain. The CQE should only be required to 
provide the name and residency of crew members employed on each vessel 
used to harvest IFQ derived from QS held by the CQE.
    Response: NMFS agrees. The collection of business address 
information from an IFQ crew member is not essential for the Council to 
assess whether the issuance of the fishing privileges to CQEs is 
meeting the overall goal of the CQE Program. This final rule requires 
CQEs to report crew member name, and the city and state of residence in 
the CQE annual report for participation in the IFQ Program. NMFS 
believes this reporting requirement maintains the Council's objectives 
for the annual report by providing information on the residency of crew 
members without imposing burdens on the CQE to obtain a business 
address for each crew member.
    Comment 4: We suggest removing the annual report requirement for a 
description of the efforts by the CQE to ensure crew members onboard 
the vessels authorized to harvest LLP groundfish using one or more LLP 
groundfish licenses held by the CQE are residents of the eligible 
community. A report on these efforts is outside the scope of the 
Council's intent when granting a LLP groundfish license to a CQE 
community because no requirement exists to ensure that crew members 
onboard the vessel authorized to harvest LLP groundfish were community 
residents.
    Response: NMFS agrees. The final rule implementing Amendment 86 to 
the GOA FMP (76 FR 15826, March 22, 2011) required that CQEs provide 
information in an annual report describing the number and residency of 
crew employed on a vessel using the LLP license held by the CQE. The 
commenter is correct that Amendment 86 did not implement a requirement 
for CQEs to ensure crew members onboard vessels authorized to harvest 
LLP groundfish using LLP groundfish license held by the CQE are 
residents of the eligible community. NMFS did not intend to add annual 
reporting requirements for CQE participation in the LLP program with 
this action. Therefore, this final rule revises the proposed rule as 
suggested by the commenter and does not include a requirement for the 
CQE to describe its efforts to ensure crew members onboard the vessel 
using the LLP are residents of the eligible community. This final rule 
retains the requirement for CQEs to report the number and city and 
state residency of crew employed on a vessel using an LLP held by the 
CQE, as required by the final rule implementing Amendment 86 and as 
suggested by the commenter.
    This final rule also revises the proposed regulation requiring CQEs 
to report the business address of each crew member employed on a vessel 
using an LLP held by the CQE in the annual report. As described in the 
response to comment 3, collection of business address information for a 
crew member in the annual reports is not essential for the Council to 
evaluate CQE participation in the LLP program.

Summary of the Changes From Proposed to Final Rule

    NMFS made changes from the proposed to final rule in response to 
public comments. NMFS made three changes to the CQE annual reporting 
requirements that are discussed in the responses to comments 3 and 4.
     NMFS changed the proposed regulations for the IFQ program 
reporting requirements at Sec.  679.5(t)(5)(v)(I) to remove the 
proposed requirement for a CQE to report the business address of each 
person employed as a crew member on a vessel used to harvest IFQ 
derived from QS held by the CQE.
     NMFS changed the proposed regulations for the LLP program 
reporting requirements at Sec.  679.5(t)(5)(vi)(H) to remove the 
proposed requirement for a CQE to describe its efforts to ensure crew 
members onboard a vessel authorized to harvest LLP groundfish using one 
or more LLP groundfish licenses held by the CQE are residents of the 
eligible community.
     NMFS changed the proposed regulations at Sec.  
679.5(t)(5)(vi)(I) to remove the proposed requirement for a CQE to 
report the business address of each person employed as a crew member on 
a vessel authorized to harvest LLP groundfish using one or

[[Page 33249]]

more LLP groundfish licenses held by the CQE.
    Regulations at 15 CFR 902.1(b) are amended to display the control 
numbers assigned by the Director of the Office of Management and Budget 
(OMB) for the collections-of-information imposed by this rule. Section 
3507(c)(B)(i) of the Paperwork Reduction Act requires that agencies 
inventory and display a current control number assigned by the 
Director, OMB, for each agency information collection. 15 CFR 902.1(b) 
identifies the location of NOAA regulations for which OMB approval 
numbers have been issued.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    The Administrator, Alaska Region, NMFS, determined that FMP 
Amendment 94 is necessary for the conservation and management of the 
sablefish fishery and that it is consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act and other applicable laws.
    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the International Pacific Halibut Commission (IPHC), the 
Pacific Fishery Management Council, the North Pacific Fishery 
Management Council (Council), and the Secretary of Commerce. Section 5 
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 
773c) allows the Regional Council having authority for a particular 
geographical area to develop regulations governing the allocation and 
catch of halibut in U.S. Convention waters as long as those regulations 
do not conflict with IPHC regulations. The proposed action is 
consistent with the Council's authority to allocate halibut catches 
among fishery participants in the waters in and off Alaska.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

Recordkeeping and Reporting

    The final rule would require additional reporting and recordkeeping 
by CQEs. Specifically, the final rule would require CQEs to add a 
description of the previous year's business and fishing operations for 
the charter halibut limited access program to its annual report 
submitted to NMFS. The reports are currently, and would continue to be, 
reviewed by NMFS. Information would be released to the Council, if 
requested, in a manner that is consistent with section 402(b) of the 
Magnuson-Stevens Act and applicable agency regulations and policies. To 
improve efficiency and clarity, the CQE activities are being brought 
together with other CQE forms under one collection.

Duplicate, Overlapping, or Conflicting Federal Rules

    No Federal rules that might duplicate, overlap, or conflict with 
these final actions have been identified.

Collection-of-Information

    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by OMB. The collections are listed below by OMB control 
number.

OMB Control No. 0648-0272

    Two forms (Application for a Non-profit Corporation to be 
Designated as a Community Quota Entity (CQE) and Application for 
Transfer of QS/IFQ to or from a CQE) are removed from this collection 
and are placed in the new OMB Control No. 0648-0665 collection (see 
below). No changes are made to the forms.

OMB Control No. 0648-0334

    Three elements (Application for a CQE to Receive a Non-trawl 
Groundfish LLP License; Letter of Authorization for Persons Using LLP 
Licenses Assigned to a CQE; and CQE Annual Report) are removed from 
this collection and are placed in the new OMB Control No. 0648-0665 
collection (see below). No changes are made to the elements.

OMB Control No. 0648-0665

    Public reporting burden per response is estimated to average 200 
hours for Application to become a Community Quota Entity (CQE); two 
hours for Application for Transfer of QS/IFQ to or from a CQE; 20 hours 
for Application for a CQE to Receive a Non-trawl Groundfish LLP 
License; 40 hours for CQE Annual Report; and one hour for a CQE Letter 
of Authorization.
    The estimated public reporting burden includes the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments regarding these burden estimates, or any other aspect 
of these data collections, including suggestions for reducing the 
burden, to NMFS (see ADDRESSES) and by email to [email protected], or by fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall 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.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 30, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR parts 300 and 679 as follows:

TITLE 15--COMMERCE AND FOREIGN TRADE

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR:''
0
a. Remove entry for ``300.67(h), (i), (k), and (l);''
0
b. Add an entry in alphanumeric order for ``300.67(h) and (i);''

[[Page 33250]]

0
c. Add an entry in alphanumeric order for ``300.67(k) and (l);''
0
d. Revise the entry for ``679.4(k);''
0
e. Remove entry for ``679.4(l);''
0
f. Add an entry in alphanumeric order for ``679.4(l)(1) through 
(l)(7);''
0
g. Add an entry in alphanumeric order for ``679.5(l)(8);''
0
h. Add an entry in alphanumeric order for ``679.5(t);''
0
i. Remove entry for ``679.41;''
0
j. Add an entry in alphanumeric order for ``679.41(a), (b), (c)(1) 
through (9), (d) through (f), (g)(1) through (4), (h) through (k), and 
(m);''
0
k. Add an entry in alphanumeric order for ``679.41(c)(10), (g)(5) 
through (8), and (l);''
0
l. Add an entry in alphanumeric order for ``679.42(a)(1)(i) through 
(ii), (b) through (g), (h)(1), (h)(1)(i), (h)(2), and (h)(2)(i);'' and
0
m. Add an entry in alphanumeric order for ``679.42(a)(2)(iii), 
(h)(1)(ii), and (h)(2)(ii).''
    The additions and revisions read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
50 CFR....................................
 
                              * * * * * * *
------------------------------------------------------------------------
300.67(h) and (i).........................  -0592
300.67(k) and (l).........................  -0592 and -0665
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
679.4(k)..................................  -0334, -0545, -0565, and -
                                             0665
679.4(l)(1) through (l)(7)................  -0393
679.5(l)(8)...............................  -0665
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
679.5(t)..................................  -0665
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
679.41(a), (b), (c)(1) through (9), (d)     -0272
 through (f), (g)(1) through (4), (h)
 through (k), and (m).
679.41(c)(10), (g)(5) through (8), and (l)  -0272 and -0665
679.42(a)(1)(i) through (ii), (b) through   -0272
 (g), (h)(1), (h)(1)(i), (h)(2), and
 (h)(2)(i).
679.42(a)(2)(iii), (h)(1)(ii), and          -0272 and -0665
 (h)(2)(ii).
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
------------------------------------------------------------------------

TITLE 50--WILDLIFE AND FISHERIES

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
3. The authority citation for part 300 continues to read as follows:

    Authority:  16 U.S.C. 773-773k.


0
4. In Sec.  300.67, revise paragraph (k)(2)(i) and add paragraph (k)(7) 
to read as follows:


Sec.  300.67  Charter halibut limited access program.

* * * * *
    (k) * * *
    (2) * * *
    (i) For Area 2C: Angoon, Coffman Cove, Edna Bay, Game Creek, 
Hollis, Hoonah, Hydaburg, Kake, Kasaan, Klawock, Metlakatla, Meyers 
Chuck, Naukati Bay, Pelican, Point Baker, Port Alexander, Port 
Protection, Tenakee, Thorne Bay, Whale Pass.
* * * * *
    (7) An annual report on the use of charter halibut permits must be 
submitted by the CQE as required at Sec.  679.5(t) of this title.

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
5. The authority citation for part 679 continues to read as follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447.

Sec.  679.2  [Amended]

0
6. In Sec.  679.2, remove paragraph (3) of the definition for 
``Mothership.''
0
7. In Sec.  679.4, revise paragraphs (k)(10)(vi)(A), (k)(10)(vi)(C) 
introductory text, (k)(10)(vi)(C)(2), (k)(10)(vi)(F)(1), 
(k)(10)(vi)(F)(2), and (k)(10)(vi)(G) to read as follows:


Sec.  679.4  Permits.

* * * * *
    (k) * * *
    (10) * * *
    (vi) * * *
    (A) Each CQE that has been approved by the Regional Administrator 
under the requirements of Sec.  679.41(l)(3) to represent a community 
listed in Table 21 to part 679 that is eligible for Pacific cod 
endorsed non-trawl groundfish licenses, may apply to receive the 
maximum number of groundfish licenses listed in Table 21 to part 679 on 
behalf of the eligible communities listed in Table 21 to part 679 that 
CQE is designated to represent. In order to receive a groundfish 
license, a CQE must submit a complete application for

[[Page 33251]]

a groundfish license to the Regional Administer, NMFS, P.O. Box 21668, 
Juneau, AK 99802. A CQE may not apply for, and may not receive more 
than the maximum number of groundfish licenses designated in the 
regulatory area specified for a community as listed in Table 21 to part 
679.
* * * * *
    (C) A groundfish license approved for issuance to a CQE by the 
Regional Administrator for a community listed in Table 21 to part 679:
* * * * *
    (2) Will have only the regional designation specified for that 
community as listed in Table 21 to part 679;
* * * * *
    (F) * * *
    (1) NMFS will issue only pot gear Pacific cod endorsements for 
groundfish licenses with a Western Gulf of Alaska designation to CQEs 
on behalf of a community listed in Table 21 to part 679.
    (2) NMFS will issue either a pot gear or a hook-and-line gear 
Pacific cod endorsement for a groundfish license with a Central Gulf of 
Alaska designation to CQEs on behalf of a community listed in Table 21 
to part 679 based on the application for a groundfish license as 
described in paragraph (k)(10)(vi)(B) of this section provided that 
application is received by NMFS not later than six months after April 
21, 2011. If an application to receive a groundfish license with a 
Central Gulf of Alaska designation on behalf of a community listed in 
Table 21 to part 679 is received later than six months after April 21, 
2011, NMFS will issue an equal number of pot gear and hook-and-line 
gear Pacific cod endorsements for a groundfish license issued to the 
CQE on behalf of a community listed in Table 21 to part 679. In cases 
where the total number of groundfish licenses issued on behalf of a 
community listed in Table 21 to part 679 is not even, NMFS will issue 
one more groundfish license with a pot gear Pacific cod endorsement 
than the number of groundfish licenses with a hook-and-line gear 
Pacific cod endorsement.
    (G) An annual report on the use of Pacific cod endorsed non-trawl 
groundfish licenses shall be submitted by the CQE as required at Sec.  
679.5(t).
* * * * *
0
8. In Sec.  679.5,
0
a. Remove paragraph (e)(6)(i)(A)(12) and redesignate paragraph 
(e)(6)(i)(A)(13) as paragraph (e)(6)(i)(A)(12);
0
b. Revise paragraphs (e)(3)(iv)(A), (e)(3)(iv)(B), (e)(5) introductory 
text, (e)(5)(i) introductory text, (e)(6) introductory text, and 
(l)(8); and
0
c. Add paragraphs (e)(5)(i)(A)(12) and (t) to read as follows:


Sec.  679.5   Recordkeeping and reporting (R&R).

* * * * *
    (e) * * *
    (3) * * *
    (iv) * * *
    (A) Groundfish shoreside processor, SFP, or CQE floating processor. 
If a groundfish shoreside processor, SFP, or CQE floating processor, 
enter the FPP number.
    (B) Groundfish catcher/processor or mothership. If a groundfish 
catcher/processor or mothership, enter the FFP number.
* * * * *
    (5) Shoreside processor, SFP, or CQE floating processor landing 
report. The manager of a shoreside processor, SFP, or CQE floating 
processor that receives groundfish from a catcher vessel issued an FFP 
under Sec.  679.4 and that is required to have an FPP under Sec.  
679.4(f) must use eLandings or other NMFS-approved software to submit a 
daily landing report during the fishing year to report processor 
identification information and the following information under 
paragraphs (e)(5)(i) through (iii) of this section:
    (i) Information entered for each groundfish delivery to a shoreside 
processor, SFP, or CQE floating processor. The User for a shoreside 
processor, SFP, or CQE floating processor must enter the following 
information (see paragraphs (e)(5)(i)(A) through (C) of this section) 
for each groundfish delivery (other than IFQ sablefish) provided by the 
operator of a catcher vessel, the operator or manager of an associated 
buying station, and from processors for reprocessing or rehandling 
product into eLandings or other NMFS-approved software:
    (A) * * *
    (12) If receiving deliveries of groundfish in the marine municipal 
boundaries of a CQE community listed in Table 21 to this part.
* * * * *
    (6) Mothership landing report. The operator of a mothership that is 
issued an FFP under Sec.  679.4(b) that receives groundfish from a 
catcher vessel required to have an FFP under Sec.  679.4 is required to 
use eLandings or other NMFS-approved software to submit a daily landing 
report during the fishing year to report processor identification 
information and the following information under paragraphs (e)(6)(i) 
through (iii) of this section:
* * * * *
    (l) * * *
    (8) An annual report on the halibut and sablefish IFQ activity must 
be submitted by the CQE as required at Sec.  679.5(t).
    (t) Community Entity Quota Program Annual Report--(1) 
Applicability. A CQE must submit an annual report on the CQE's 
administrative activities, business operation, and community fishing 
activities for each calendar year it holds any of the following: 
community charter halibut permits as described at Sec.  300.67(k) of 
this title, halibut and sablefish individual fishing quota (IFQ) and 
quota shares (QS) as described at Sec.  679.41(l)(3), and community 
Pacific cod endorsed non-trawl groundfish license limitation program 
(LLP) licenses as described at Sec.  679.4(k)(10)(vi)(F)(2). The CQE 
may combine annual reports about its holdings of community charter 
halibut permits, IFQ, and LLPs in one report. A CQE must submit annual 
report data for the community charter halibut permit, IFQ, and LLP 
permits it held during the calendar year. A CQE is not required to 
submit an annual report for any calendar year in which it did not hold 
any community charter halibut permits, IFQ, or LLPs.
    (2) Time limits and submittal. By January 31, the CQE must submit a 
complete annual report for the prior calendar year to the Regional 
Administrator, National Marine Fisheries Service, P.O. Box 21668, 
Juneau, AK 99802, and to the governing body of each community 
represented by the CQE as identified in Table 21 to this part.
    (3) Complete annual report. A complete annual report contains all 
general report requirements listed in paragraphs (t)(4)(i) through 
(t)(4)(iii) of this section and all program specific report 
requirements applicable to the CQE as described in paragraphs (t)(5)(i) 
through (t)(5)(iii).
    (4) General report requirements. Each CQE must report the following 
information:
    (i) The eligible community or communities, represented by the CQE, 
any new communities, and any withdrawn communities;
    (ii) Any changes in the bylaws of the CQE, board of directors, or 
other key management personnel; and
    (iii) Copies of minutes and other relevant decision making 
documents from all CQE board meetings held during the prior calendar 
year.
    (5) Program specific report requirements. Each CQE must report

[[Page 33252]]

business operations and fishing activity for the charter halibut 
permit, IFQ, and LLP programs for each eligible community represented 
by the CQE.
    (i) If a community in Table 21 to part 679 was issued one or more 
charter halibut permits held on behalf of the community by a CQE, then 
the CQE must complete paragraphs (t)(5)(iv)(A) through (I) of this 
section;
    (ii) If a community in Table 21 to part 679 leased halibut and 
sablefish IFQ derived from the QS held on behalf of the community by a 
CQE, then the CQE must complete paragraphs (t)(5)(v)(A) through (J) of 
this section; and
    (iii) If a community in Table 21 to part 679 was assigned one or 
more Pacific cod endorsed non-trawl groundfish licenses held on behalf 
of the community by a CQE, then the CQE must complete paragraphs 
(t)(5)(vi)(A) through (I) of this section.
    (iv) Charter Halibut Limited Access Program. For each community 
represented by the CQE, the program specific report for charter halibut 
permits held by a CQE, must include:
    (A) The total number of charter halibut permits held by the CQE at 
the start of the calendar year, at the end of the calendar year, and 
projected to be held in the next calendar year;
    (B) A description of the process used by the CQE to solicit 
applications from persons to use charter halibut permits that the CQE 
is holding on behalf of the eligible community;
    (C) The total number of persons who applied to use one or more 
charter halibut permits;
    (D) Name, business address, city and state, and number of charter 
halibut permits requested by each person who applied to use a charter 
halibut permit held by the CQE;
    (E) A detailed description of the criteria used by the CQE to 
distribute charter halibut permits among persons who applied to use one 
or more charter halibut permits that the CQE is holding on behalf of 
the eligible community;
    (F) For each person issued one or more charter halibut permits held 
by a CQE, provide their name, business address, city and state, ADF&G 
logbook number(s), and the number(s) of each charter halibut permits 
they were authorized to use with the corresponding regulatory area 
endorsement and angler endorsement;
    (G) For each vessel authorized to participate in the charter 
halibut fishery using one or more charter halibut permits held by the 
CQE, provide the vessel name, ADF&G vessel registration number, USCG 
documentation number, length overall, home port and each charter 
halibut permits number held by the CQE and used onboard the vessel;
    (H) For each vessel authorized to participate in the charter 
halibut fishery using one or more charter halibut permits held by the 
CQE, provide each set of ports from which the vessel departed and to 
which it returned, and the total number of trips that occurred to and 
from each set of ports when one or more charter halibut permits held by 
the CQE was used onboard the vessel; and
    (I) For each community represented by the CQE, provide any payments 
made to the CQE for use of the charter halibut permits.
    (v) Individual Fishing Quota Program. For each community 
represented by the CQE, the program specific report for halibut IFQ or 
sablefish IFQ that were derived from QS held by the CQE must include:
    (A) The total amount of halibut QS and total amount of sablefish QS 
held by the CQE at the start of the calendar year, at the end of the 
calendar year, and projected to be held in the next calendar year;
    (B) A description of the process used by the CQE to solicit 
applications from eligible community residents to use IFQ that is 
derived from QS that the CQE is holding on behalf of the eligible 
community;
    (C) The total number of community residents who applied to use IFQ 
derived from QS held by the CQE;
    (D) Name, business address, city and state, and amount of IFQ 
requested by each person who applied to use IFQ derived from QS held by 
the CQE;
    (E) A detailed description of the criteria used by the CQE to 
distribute IFQ among eligible community residents who applied to use 
IFQ held by the CQE;
    (F) For each person who leased IFQ derived from QS held by the CQE, 
provide their name, business address, city and state, each IFQ permit 
number, and the total pounds of halibut IFQ and total pounds of 
sablefish IFQ they were authorized to use through each IFQ permit 
number;
    (G) For each vessel used to harvest IFQ derived from QS held by the 
CQE, provide the vessel name, ADF&G vessel registration number, USCG 
documentation number, length overall, home port, and each IFQ permit 
number(s) used onboard;
    (H) A description of the efforts made by the CQE to ensure crew 
members onboard the vessels used to harvest the IFQ derived from QS 
held by the CQE are residents of the CQE eligible community;
    (I) Name, resident city and state of each person employed as a crew 
member on each vessel used to harvest IFQ derived from QS held by the 
CQE; and
    (J) For each community whose residents landed IFQ derived from QS 
held by the CQE, provide any payments made to the CQE for use of the 
IFQ.
    (vi) License Limitation Program. For each community represented by 
the CQE, the program specific report for GOA Pacific cod endorsed non-
trawl groundfish licenses held by a CQE must include:
    (A) The total number of LLP groundfish licenses by gear type 
endorsement held by the CQE at the start of the calendar year, at the 
end of the calendar year, and projected to be held in the next calendar 
year;
    (B) A description of the process used by the CQE to solicit 
applications from residents of the eligible community to use LLP 
groundfish license(s) that the CQE is holding on behalf of the eligible 
community;
    (C) The total number of community residents who applied to use an 
LLP groundfish license held by the CQE;
    (D) Name, business address, city and state, and number of LLP 
groundfish licenses requested by each person who applied to use a LLP 
groundfish license held by the CQE;
    (E) A detailed description of the criteria used by the CQE to 
distribute LLP groundfish licenses among eligible community residents 
who applied to use LLP groundfish licenses held by the CQE;
    (F) For each person assigned one or more LLP groundfish licenses 
held by the CQE, provide their name, business address, city and state, 
and LLP groundfish license numbers for permits of each gear endorsement 
type they were authorized to use;
    (G) For each vessel authorized to harvest LLP groundfish using one 
or more LLP groundfish licenses held by the CQE, provide the vessel 
name, ADF&G vessel registration number, USCG documentation number, 
length overall, home port, and each LLP groundfish license number used 
onboard;
    (H) Name, resident city and state of each person employed as a crew 
member on each vessel authorized to harvest LLP groundfish using one or 
more LLP groundfish licenses held by the CQE; and
    (I) For each community whose residents made landings using one or 
more LLP groundfish licenses held by the CQE, provide any payments made 
to the CQE for use of the LLP groundfish licenses.


[[Page 33253]]



0
9. In Sec.  679.41, revise paragraphs (c)(10)(ii) and (g)(5) to read as 
follows:


Sec.  679.41  Transfer of quota shares and IFQ.

* * * * *
    (c) * * *
    (10) * * *
    (ii) The CQE applying to receive or transfer QS, has submitted a 
complete annual report required by Sec.  679.5 (t);
* * * * *
    (g) * * *
    (5) A CQE may not hold QS in halibut IFQ regulatory area 2C that is 
assigned to vessel category D.
    (i) A CQE may not hold QS in halibut IFQ regulatory area 3A that is 
assigned to vessel category D on behalf of a community that is located 
in halibut IFQ regulatory areas 2C or 3B as listed in Table 21 to part 
679.
    (ii) In aggregate, CQEs may not hold an amount of QS in halibut IFQ 
regulatory area 3A that is assigned to vessel category D in excess of 
1,233,740 QS units.
* * * * *


0
10. In Sec.  679.42, revise paragraphs (a)(2)(iii), (h)(1)(ii), and 
(h)(2)(ii) to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

    (a) * * *
    (2) * * *
    (iii) IFQ derived from QS held by a CQE may be used to harvest IFQ 
species from a vessel of any length, with the exception of IFQ derived 
from QS in IFQ regulatory area 3A that is assigned to vessel category 
D.
* * * * *
    (h) * * *
    (1) * * *
    (ii) No vessel may be used, during any fishing year, to harvest 
more than 50,000 lb (22.7 mt) of IFQ halibut derived from QS held by a 
CQE, and no vessel used to harvest IFQ halibut derived from QS held by 
a CQE may be used to harvest more IFQ halibut than the vessel use caps 
specified in paragraphs (h)(1) introductory text and (h)(1)(i) of this 
section.
    (2) * * *
    (ii) No vessel may be used, during any fishing year, to harvest 
more than 50,000 lb (22.7 mt) of IFQ sablefish derived from QS held by 
a CQE, and no vessel used to harvest IFQ sablefish derived from QS and 
held by a CQE may be used to harvest more IFQ sablefish than the vessel 
use caps specified in paragraphs (h)(2) introductory text and (h)(2)(i) 
of this section.
* * * * *


0
11. Revise Table 21 to part 679 to read as follows:

   Table 21 to Part 679--Eligible Communities, Halibut IFQ Regulatory Area Location, Community Governing Body That Recommends the CQE, and the Fishing
                      Programs and Associated Areas Where a CQE Representing an Eligible Community May Be Permitted To Participate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    May lease halibut QS in         May lease      Maximum number of   Maximum number of
                                                                     halibut IFQ regulatory      sablefish QS in   CHPs that may be       Pacific cod
                                                               ---------------------------------  sablefish IFQ    issued in halibut  endorsed non-trawl
                                 Halibut IFQ      Community                                         regulatory      IFQ regulatory        groundfish
                                 regulatory     governing body                                        areas      --------------------  licenses that may
    Eligible GOA community      area in which        that                                       -----------------                     be assigned in the
                                the community   recommends the                                                                          GOA groundfish
                                 is located          CQE         Area 2C    Area 3A    Area 3B                                          regulatory area
                                                                                                 CG, SE, WG, and   Area 2C   Area 3A -------------------
                                                                                                   WY (All GOA)                        Central   Western
                                                                                                                                         GOA       GOA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Akhiok.......................              3A  City of Akhiok.  .........         X          X                X   ........         7         2  ........
Angoon.......................              2C  City of Angoon.         X          X   .........               X          4  ........  ........  ........
Chenega Bay..................              3A  Chenega IRA      .........         X          X                X   ........         7         2  ........
                                                Village.
Chignik......................              3B  City of Chignik  .........         X          X                X   ........  ........         3  ........
Chignik Lagoon...............              3B  Chignik Lagoon   .........         X          X                X   ........  ........         4  ........
                                                Village
                                                Council.
Chignik Lake.................              3B  Chignik Lake     .........         X          X                X   ........  ........         2  ........
                                                Traditional
                                                Council.
Coffman Cove.................              2C  City of Coffman         X          X   .........               X          4  ........  ........  ........
                                                Cove.
Cold Bay.....................              3B  City of Cold     .........         X          X                X   ........  ........  ........         2
                                                Bay.
Craig........................              2C  City of Craig..         X          X   .........               X   ........  ........  ........  ........
Edna Bay.....................              2C  Edna Bay                X          X   .........               X          4  ........  ........  ........
                                                Community
                                                Association.
Elfin Cove...................              2C  Community of            X          X   .........               X   ........  ........  ........  ........
                                                Elfin Cove.
Game Creek...................              2C  N/A............         X          X   .........               X          4  ........  ........  ........
Gustavus.....................              2C  Gustavus                X          X   .........               X   ........  ........  ........  ........
                                                Community
                                                Association.
Halibut Cove.................              3A  N/A............  .........         X          X                X   ........         7         2  ........
Hollis.......................              2C  Hollis                  X          X   .........               X          4  ........  ........  ........
                                                Community
                                                Council.
Hoonah.......................              2C  City of Hoonah.         X          X   .........               X          4  ........  ........  ........
Hydaburg.....................              2C  City of                 X          X   .........               X          4  ........  ........  ........
                                                Hydaburg.
Ivanof Bay...................              3B  Ivanof Bay       .........         X          X                X   ........  ........  ........         2
                                                Village
                                                Council.
Kake.........................              2C  City of Kake...         X          X   .........               X          4  ........  ........  ........

[[Page 33254]]

 
Karluk.......................              3A  Native Village   .........         X          X                X   ........         7         2  ........
                                                of Karluk.
Kasaan.......................              2C  City of Kasaan.         X          X   .........               X          4  ........  ........  ........
King Cove....................              3B  City of King     .........         X          X                X   ........  ........  ........         9
                                                Cove.
Klawock......................              2C  City of Klawock         X          X   .........               X          4  ........  ........  ........
Larsen Bay...................              3A  City of Larsen   .........         X          X                X   ........         7         2  ........
                                                Bay.
Metlakatla...................              2C  Metlakatla              X          X   .........               X          4  ........  ........  ........
                                                Indian Village.
Meyers Chuck.................              2C  N/A............         X          X   .........               X          4  ........  ........  ........
Nanwalek.....................              3A  Nanwalek IRA     .........         X          X                X   ........         7         2  ........
                                                Council.
Naukati Bay..................              2C  Naukati Bay,            X          X   .........               X          4  ........  ........  ........
                                                Inc.
Old Harbor...................              3A  City of Old      .........         X          X                X   ........         7         5  ........
                                                Harbor.
Ouzinkie.....................              3A  City of          .........         X          X                X   ........         7         9  ........
                                                Ouzinkie.
Pelican......................              2C  City of Pelican         X          X   .........               X          4  ........  ........  ........
Perryville...................              3B  Native Village   .........         X          X                X   ........  ........  ........         2
                                                of Perryville.
Point Baker..................              2C  Point Baker             X          X   .........               X          4  ........  ........  ........
                                                Community.
Port Alexander...............              2C  City of Port            X          X   .........               X          4  ........  ........  ........
                                                Alexander.
Port Graham..................              3A  Port Graham      .........         X          X                X   ........         7         2  ........
                                                Village
                                                Council.
Port Lions...................              3A  City of Port     .........         X          X                X   ........         7         6  ........
                                                Lions.
Port Protection..............              2C  Port Protection         X          X   .........               X          4  ........  ........  ........
                                                Community
                                                Association.
Sand Point...................              3B  City of Sand     .........         X          X                X   ........  ........  ........        14
                                                Point.
Seldovia.....................              3A  City of          .........         X          X                X   ........         7         8  ........
                                                Seldovia.
Tatitlek.....................              3A  Native Village   .........         X          X                X   ........         7         2  ........
                                                of Tatitlek.
Tenakee Springs..............              2C  City of Tenakee         X          X   .........               X          4  ........  ........  ........
                                                Springs.
Thorne Bay...................              2C  City of Thorne          X          X   .........               X          4  ........  ........  ........
                                                Bay.
Tyonek.......................              3A  Native Village   .........         X          X                X   ........         7         2  ........
                                                of Tyonek.
Whale Pass...................              2C  Whale Pass              X          X   .........               X          4  ........  ........  ........
                                                Community
                                                Association.
Yakutat......................              3A  City of Yakutat  .........         X          X                X   ........         7         3  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A means there is not a governing body recognized in the community at this time. CHPs are Charter halibut permits.



[[Page 33255]]


0
12. Remove and reserve Table 50 to part 679.

[FR Doc. 2013-13196 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-22-P