[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49186-49190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19561]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120416018-3679-02]
RIN 0648-BC05


Fisheries of the Northeastern United States; Tilefish Fishery 
Management Plan; Regulatory Amendment, Corrections, and Clarifications

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

ACTION: Final rule.

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SUMMARY: This action makes corrections, clarifications, and other 
modifications to the regulations that implemented the Tilefish 
Individual Fishing Quota Program. These changes will not affect the 
fishing operation of any vessel.

DATES: Effective September 12, 2013.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
phone (978) 281-9341, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On August 24, 2009, NMFS published a final rule (74 FR 42580) to 
implement provisions of Amendment 1 to the Tilefish Fishery Management 
Plan (FMP) (Amendment 1). Amendment 1 included a new structure for 
managing the commercial tilefish fishery using an individual fishing 
quota (IFQ) system. The new tilefish IFQ program became effective 
November 1, 2009. After 3 years of operation, it has become apparent 
that some of the implementing regulations need to be clarified, 
corrected, or modified to better reflect the intent of Amendment 1.
    On March 28, 2013, NMFS published a proposed rule in the Federal 
Register (78 FR 18947) proposing several minor corrections, 
clarifications, and modifications to the regulations implementing 
Amendment 1. Comments on the proposed rule were accepted through April 
29, 2013. No comments were received on the measures, and the measures, 
as proposed, are implemented by this final rule.
    The purpose of this action is to clarify, correct, and/or modify 
certain provisions of the tilefish IFQ program's implementing 
regulations to clarify potentially confusing regulatory language, and 
to better reflect the intent of Amendment 1 and current practices under 
the tilefish IFQ program. Specifically, this action (1) Clarifies the 
two aspects of tilefish IFQ allocation by differentiating between quota 
share and quota pounds, and removes suggestions that either are 
``owned'' or ``permanent;'' (2) specifies in the regulations that 
tilefish landings may be reported through the Interactive Voice 
Response system, or through another system approved by the NMFS 
Northeast Regional Administrator, to allow for the future development 
of an online reporting option; (3) corrects cross-references within the 
regulations pertaining to the Research Set-Aside Program; (4) revises 
language and cross-references in the regulations to clarify that 
permanent resident aliens are allowed to hold a tilefish IFQ allocation 
permit, as specified in Amendment 1; (5) modifies the regulations to 
extend the deadline for quota pound transfers from September 1 to 
October 10 of each fishing year; and (6) modifies the regulations 
governing the cost recovery fee collection system to reflect current 
fee collection practices and the intent of Amendment 1 to ensure clear 
and efficient collection of the required cost-recovery fees. Additional 
detail and explanation regarding the reason for these changes are 
provided in the proposed rule and are not repeated here.

Changes From the Proposed Rule

    The proposed regulatory text regarding IFQ transfer applications 
inadvertently used the less specific term ``catch share.'' The 
regulatory language has been corrected to use the more appropriate term 
``quota share,'' consistent with the terminology used in rest of that 
regulatory paragraph. The introductory text on IFQ transfer 
applications has been adjusted to more clearly explain why applications 
for permanent transfers are due before September 1, while applications 
for temporary transfers are due before October 10.

Comments and Responses

    NMFS received no comments on the proposed rule.

Classification

    The Administrator, Northeast Region, NMFS, determined that this 
final rule is necessary for the management of the tilefish fishery and 
that it is consistent with the Tilefish FMP, the Magnuson-Stevens 
Fishery Conservation and Management Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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.
    On June 20, 2013, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries effective July 22, 2013 (78 FR 37398). The rule increased 
the size standard for Finfish Fishing from $4.0 to $19.0 million, 
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing 
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act, 
and prior to SBA's June 20, 2013, final rule, a certification was 
developed for this action using SBA's former size standards. Subsequent 
to the June 20, 2013, rule, NMFS has reviewed the certification 
prepared for this action in light of the new size standards. Under the 
former, lower size standards, all entities subject to this action were 
considered small entities, thus they all would continue to be 
considered small under the new standards. NMFS has determined that the 
new size standards do not affect the analyses prepared for this action.

[[Page 49187]]

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 8, 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, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  648.2, the definitions of ``Interest in an IFQ allocation'' 
and ``Lessee'' are revised to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Interest in an IFQ allocation means: An allocation of quota share 
or annual IFQ allocation held by an individual; or by a company in 
which the individual is an owner, part owner, officer, shareholder, or 
partner; or by an immediate family member (an individual's parents, 
spouse, children, and siblings).
* * * * *
    Lessee means:
    (1) A vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec.  648.82(k); or
    (2) A person or entity eligible to hold tilefish IFQ allocation, 
who receives temporarily transferred tilefish IFQ allocation, as 
specified at Sec.  648.294(e)(1).
* * * * *

0
3. In Sec.  648.7, paragraph (b)(2)(ii) is revised to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Tilefish vessel owners or operators. The owner or operator of 
any vessel fishing under a tilefish IFQ allocation permit issued under 
this part, as described in Sec.  648.294(a), must submit a tilefish 
catch report by using the IVR system, or other reporting system 
approved by the Regional Administrator, within 48 hours after returning 
to port and offloading. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Vessel identification; trip during which tilefish are 
caught; pounds landed; VTR pre-printed serial number; and the Federal 
dealer number for the dealer who purchases the tilefish. This reporting 
requirement does not exempt the owner or operator from other applicable 
reporting requirements of this section.
* * * * *

0
4. In Sec.  648.292, paragraph (e) is revised to read as follows:


Sec.  648.292  Tilefish specifications.

* * * * *
    (e) Research quota. See Sec.  648.22(g).

0
5. Section 648.294 is revised to read as follows:


Sec.  648.294  Individual fishing quota (IFQ) program.

    (a) IFQ allocation permits. (1) After adjustments for incidental 
catch, research set-asides, and overages, as appropriate, pursuant to 
Sec.  648.292(c), the Regional Administrator shall divide the remaining 
TAL among the IFQ quota share holders who held IFQ quota share as of 
September 1 of a given fishing year. Allocations shall be made by 
applying the IFQ quota share percentages that exist on September 1 of a 
given fishing year to the IFQ TAL pursuant to Sec.  648.292(c), subject 
to any deductions for overages pursuant to paragraph (f) of this 
section. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or smaller 
created by this calculation shall be rounded downward to the nearest 
whole number, and amounts of IFQ allocation greater than 0.5 lb (0.23 
kg) shall be rounded upward to the nearest whole number, so that annual 
IFQ allocations are specified in whole pounds.
    (2) Allocations shall be issued in the form of an annual IFQ 
allocation permit. The IFQ allocation permit shall specify the quota 
share percentage held by the IFQ allocation permit holder and the total 
pounds of tilefish that the IFQ allocation permit holder is authorized 
to harvest.
    (3) In order to be eligible to hold tilefish IFQ allocation, an 
individual must be a U.S. citizen or permanent resident alien. 
Businesses or other entities that wish to hold allocation must be 
eligible to own a documented vessel under the terms of 46 U.S.C. 
12103(b).
    (b) Application--(1) General. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from NMFS. The application must be filled out completely and 
signed by the applicant. Each application must include a declaration of 
all interests in IFQ quota shares and IFQ allocations, as defined in 
Sec.  648.2, listed by IFQ allocation permit number, and must list all 
Federal vessel permit numbers for all vessels that an applicant owns or 
leases that would be authorized to possess tilefish pursuant to the IFQ 
allocation permit. The Regional Administrator will notify the applicant 
of any deficiency in the application.
    (i) [Reserved]
    (ii) Renewal applications. Applications to renew an IFQ allocation 
permit must be received by September 15 to be processed in time for the 
November 1 start of the next fishing year. Renewal applications 
received after this date may not be approved, and a new permit may not 
be issued before the start of the next fishing year. An IFQ allocation 
permit holder must renew his/her IFQ allocation permit on an annual 
basis by submitting an application for such permit prior to the end of 
the fishing year for which the permit is required. Failure to renew an 
IFQ allocation permit in any fishing year will result in any IFQ quota 
share held by that IFQ allocation permit holder to be considered 
abandoned and relinquished.
    (2) Issuance. Except as provided in subpart D of 15 CFR part 904, 
and provided an application for such permit is submitted by September 
15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall 
issue annual IFQ allocation permits on or before October 31 to those 
who hold IFQ quota share as of September 1 of the current fishing year. 
From September 1 through October 31, permanent transfer of IFQ quota 
share is not permitted, as described in paragraph (e)(4) of this 
section.
    (3) Duration. An annual IFQ allocation permit is valid until 
October 31 of each fishing year unless it is suspended, modified, or 
revoked pursuant to 15 CFR part 904; revised due to a transfer of all 
or part of the IFQ quota share or annual IFQ allocation under paragraph 
(e) of this section; or suspended for non-payment of the cost recovery 
fee as described in paragraph (h)(4) of this section.
    (4) IFQ Vessel. All Federal vessel permit numbers that are listed 
on the IFQ allocation permit are authorized to possess tilefish 
pursuant to the IFQ allocation permit until the end of the fishing year 
or until NMFS receives written notification from the IFQ allocation 
permit holder that the vessel is no longer authorized to possess 
tilefish pursuant to the subject permit. An IFQ allocation permit 
holder who

[[Page 49188]]

wishes to authorize an additional vessel(s) to possess tilefish 
pursuant to the IFQ allocation permit must send written notification to 
NMFS. This notification must include the vessel name and permit number, 
and the dates on which the IFQ allocation permit holder desires the 
vessel to be authorized to land tilefish pursuant to the IFQ allocation 
permit. A copy of the IFQ allocation permit must be carried on board 
each vessel so authorized to possess IFQ tilefish.
    (5) Alteration. An annual IFQ allocation permit that is altered, 
erased, or mutilated is invalid.
    (6) Replacement. The Regional Administrator may issue a replacement 
permit upon written application of the annual IFQ allocation permit 
holder.
    (7) Transfer. The annual IFQ allocation permit is valid only for 
the person to whom it is issued. All or part of the IFQ quota share or 
the annual IFQ allocation specified in the IFQ allocation permit may be 
transferred in accordance with paragraph (e) of this section.
    (8) Abandonment or voluntary relinquishment. Any IFQ allocation 
permit that is voluntarily relinquished to the Regional Administrator, 
or deemed to have been voluntarily relinquished for failure to pay a 
recoverable cost fee, in accordance with the requirements specified in 
paragraph (h)(2) of this section, or for failure to renew in accordance 
with paragraph (b)(1)(ii) of this section, shall not be reissued or 
renewed in a subsequent year.
    (c)-(d) [Reserved]
    (e) Transferring IFQ allocations--(1) Temporary transfers. Unless 
otherwise restricted by the provisions in paragraph (e)(3) of this 
section, the initial holder of an annual IFQ allocation may transfer 
the entire annual IFQ allocation, or a portion of the annual IFQ 
allocation, to any person or entity eligible to hold tilefish IFQ 
allocation under paragraph (a)(3) of this section. Annual IFQ 
allocation transfers shall be effective only for the fishing year in 
which the transfer is requested and processed, unless the applicant 
specifically requests that the transfer be processed for the subsequent 
fishing year. The Regional Administrator has final approval authority 
for all annual IFQ allocation transfer requests. The approval of a 
temporary transfer may be rescinded if the Regional Administrator finds 
that an emergency has rendered the lessee unable to fish for the 
transferred annual IFQ allocation, but only if none of the transferred 
allocation has been landed.
    (2) Permanent transfers. Unless otherwise restricted by the 
provisions in paragraph (e)(3) of this section, and subject to final 
approval by the Regional Administrator, a holder of IFQ quota share may 
permanently transfer the entire IFQ quota share allocation, or a 
portion of the IFQ quota share allocation, to any person or entity 
eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this 
section.
    (3) IFQ allocation transfer restrictions. (i) If annual IFQ 
allocation is temporarily transferred to any eligible person or entity, 
it may not be transferred again within the same fishing year, unless 
the transfer is rescinded due to an emergency, as described in 
paragraph (e)(1) of this section.
    (ii) A transfer of IFQ allocation or quota share will not be 
approved by the Regional Administrator if it would result in an entity 
holding, or having an interest in, a percentage of IFQ allocation 
exceeding 49 percent of the total tilefish adjusted TAL.
    (iii) For the purpose of calculating the appropriate IFQ cost 
recovery fee, if the holder of an IFQ allocation leases additional IFQ 
allocation, the quantity and value of landings made after the date the 
lease is approved by the Regional Administrator are attributed to the 
transferred quota before being attributed to the allocation holder's 
base IFQ allocation, if any exists. In the event of multiple leases, 
landings would be attributed to the leased allocations in the order the 
leases were approved by the Regional Administrator. As described in 
paragraph (h) of this section, a tilefish IFQ quota share allocation 
holder shall incur a cost recovery fee, based on the value of landings 
of tilefish authorized under the allocation holder's annual tilefish 
IFQ allocation, including allocation that is leased to another IFQ 
allocation permit holder.
    (4) Application for an IFQ allocation transfer. Any IFQ allocation 
permit holder applying for either permanent transfer of IFQ quota share 
or temporary transfer of annual IFQ allocation must submit a completed 
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation 
Transfer Form must be submitted to the NMFS Northeast Regional Office 
at least 30 days before the date on which the applicant desires to have 
the IFQ allocation transfer effective. The Regional Administrator shall 
notify the applicants of any deficiency in the application pursuant to 
this section. Applications for permanent IFQ quota share allocation 
transfers must be received by September 1 to be processed and effective 
before annual IFQ allocations are issued for the next fishing year. 
Applications for temporary IFQ allocation transfers must be received by 
October 10 to be processed for the current fishing year.
    (i) Application information requirements. An application to 
transfer IFQ allocation must include the following information: The 
type of transfer (either temporary or permanent); the signature of both 
parties involved; the price paid for the transfer; a declaration of the 
recipient's eligibility to receive IFQ allocation; the amount of 
allocation or quota share to be transferred; and a declaration, by IFQ 
allocation permit number, of all the IFQ allocations in which the 
person or entity receiving the IFQ allocation has an interest. The 
person or entity receiving the IFQ allocation must indicate the permit 
numbers of all federally permitted vessels that will possess or land 
the IFQ allocation. Information obtained from the IFQ Allocation 
Transfer Form is confidential pursuant to 16 U.S.C. 1881a.
    (ii) Approval of IFQ transfer application. Unless an application to 
transfer IFQ quota share and/or annual IFQ allocation is denied 
according to paragraph (e)(4)(iii) of this section, the Regional 
Administrator shall issue confirmation of application approval in the 
form of a new or updated IFQ allocation permit to the parties involved 
in the transfer within 30 days of receipt of a completed application.
    (iii) Denial of IFQ transfer application. The Regional 
Administrator may reject an application to transfer IFQ quota share or 
annual IFQ allocation for the following reasons: The application is 
incomplete; the transferor does not possess a valid tilefish IFQ 
allocation permit; the transferor's or transferee's vessel or tilefish 
IFQ allocation permit has been sanctioned pursuant to an enforcement 
proceeding under 15 CFR part 904; the transfer would result in the 
transferee having a tilefish IFQ allocation or holding IFQ quota share 
that exceeds 49 percent of the adjusted TAL allocated to IFQ allocation 
permit holders; the transfer is to a person or entity that is not 
eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this 
section; the transferor or transferee is delinquent in payment of an 
IFQ cost recovery fee as described in paragraph (h)(4) of this section; 
or any other failure to meet the requirements of this subpart. Upon 
denial of an application to transfer IFQ allocation, the Regional 
Administrator shall send a letter to the applicant describing the 
reason(s) for the denial. The decision by the Regional Administrator is 
the final decision of the Department of Commerce; there is

[[Page 49189]]

no opportunity for an administrative appeal.
    (f) IFQ allocation overages. If an IFQ allocation is exceeded, 
including by amounts of tilefish landed by a lessee in excess of a 
temporary transfer of IFQ allocation, the amount of the overage will be 
deducted from the IFQ shareholder's allocation in the subsequent 
fishing year(s). If an IFQ allocation overage is not deducted from the 
appropriate allocation before the IFQ allocation permit is issued for 
the subsequent fishing year, a revised IFQ allocation permit reflecting 
the deduction of the overage shall be issued by NMFS. If the allocation 
cannot be reduced in the subsequent fishing year because the full 
allocation has already been landed or transferred, the IFQ allocation 
permit will indicate a reduced allocation for the amount of the overage 
in the next fishing year.
    (g) IFQ allocation acquisition restriction. No person or entity may 
acquire more than 49 percent of the annual adjusted tilefish TAL, 
specified pursuant to Sec.  648.294, at any point during a fishing 
year. For purposes of this paragraph, acquisition includes any 
permanent transfer of IFQ quota share or temporary transfer of annual 
IFQ allocation. The calculation of IFQ allocation for purposes of the 
restriction on acquisition includes IFQ allocation interests held by: A 
company in which the IFQ holder is a shareholder, officer, or partner; 
an immediate family member; or a company in which the IFQ holder is a 
part owner or partner.
    (h) IFQ cost recovery. As required under section 304(d)(2)(A)(i) of 
the Magnuson-Stevens Act, the Regional Administrator shall collect a 
fee to recover the actual costs directly related to the management, 
data collection and analysis, and enforcement of the tilefish IFQ 
program.
    (1) Payment responsibility. Each tilefish IFQ allocation permit 
holder with quota share shall incur a cost recovery fee annually, based 
on the value of landings of tilefish authorized under his/her tilefish 
IFQ allocation, including allocation that he/she leases to another IFQ 
allocation permit holder. The tilefish IFQ allocation permit holder is 
responsible for paying the fee assessed by NMFS.
    (2) IFQ fee determination. The tilefish IFQ cost recovery billing 
period runs annually from January 1 through December 31.
    (i) Determination of total recoverable costs. The Regional 
Administrator shall determine the actual costs directly associated with 
the management, data collection and analysis, and enforcement of the 
tilefish IFQ program incurred by NMFS during the cost recovery billing 
period.
    (ii) Calculating fee percentage. The recoverable costs determined 
by the Regional Administrator will be divided by the total ex-vessel 
value of all tilefish IFQ landings during the cost recovery billing 
period to derive a fee percentage. Each IFQ allocation permit holder 
with quota share will be assessed a fee based on the fee percentage 
multiplied by the total ex-vessel value of all landings under his/her 
IFQ allocation permit, including landings of allocation that was leased 
to another IFQ allocation permit holder.
    (A) The ex-vessel value for each pound of tilefish landed by an IFQ 
allocation permit holder shall be determined from Northeast Federal 
dealer reports submitted to NMFS, which include the price per pound 
paid to the vessel at the time of dealer purchase.
    (B) The cost recovery fee percentage shall not exceed 3 percent of 
the total value of tilefish landings, as required under section 
304(d)(2)(B) of the Magnuson-Stevens Act.
    (3) Fee payment procedure. NMFS will create an annual IFQ 
allocation bill for each cost recovery billing period and provide it to 
IFQ allocation permit holders with quota share. The bill will include 
information regarding the amount and value of IFQ allocation landed 
during the prior cost recovery billing period, and the associated cost 
recovery fees.
    (i) Payment due date. An IFQ allocation permit holder who has 
incurred a cost recovery fee must pay the fee to NMFS within 45 days of 
the date of the bill.
    (ii) Payment submission method. Cost recovery payments shall be 
made electronically via the Federal Web portal, www.pay.gov, or other 
Internet sites designated by the Regional Administrator. Instructions 
for electronic payment shall be available on both the payment Web site 
and the cost recovery fee bill. Electronic payment options shall 
include payment via a credit card, as specified in the cost recovery 
bill, or via direct automated clearing house (ACH) withdrawal from a 
designated checking account. Alternatively, payment by check may be 
authorized by Regional Administrator if he/she determines that 
electronic payment is not practicable.
    (4) Payment compliance. If an IFQ allocation permit holder does not 
submit full payment by the due date described in paragraph (h)(3)(i) of 
this section, the Regional Administrator may:
    (i) At any time thereafter, notify the IFQ allocation permit holder 
in writing that his/her IFQ allocation permit is suspended, thereby 
prohibiting landings of tilefish above the incidental limit, as 
specified at Sec.  648.295.
    (ii) Disapprove any transfer of annual tilefish allocation or quota 
share to or from the IFQ allocation permit holder as described in 
paragraph (e)(4)(iii) of this section, until such time as the amount 
due is paid.
    (iii) Deny renewal of the IFQ allocation permit if it had not yet 
been issued for the current year, or deny renewal of the IFQ allocation 
permit for the following year.
    (iv) If the fee amount is not appealed, the Regional Administrator 
may issue a Final Administrative Determination (FAD) as described in 
paragraph (h)(5) of this section, based upon available information.
    (5) Appeal of IFQ fee amount. If a tilefish IFQ allocation permit 
holder disagrees with the fee amount determined by NMFS, he/she may 
appeal the cost recovery bill.
    (i) IFQ fee appeals must be submitted to NMFS in writing before the 
due date described in paragraph (h)(3)(i) of this section.
    (ii) The IFQ allocation permit holder shall have the burden of 
demonstrating that the fee amount calculated by NMFS is incorrect and 
what the correct amount is.
    (iii) If a request to appeal is submitted on time, the Regional 
Administrator shall notify the IFQ allocation permit holder in writing, 
acknowledging the appeal and providing 30 days to submit any additional 
relevant documentation supporting an alternative fee amount.
    (iv) While the IFQ fee is under appeal and the tilefish IFQ 
allocation permit is suspended, as described in paragraph (h)(4) of 
this section, the IFQ allocation permit holder may request a Letter of 
Authorization to fish until the appeal is concluded. Any tilefish 
landed pursuant to the above authorization will count against the IFQ 
allocation permit, if issued.
    (v) Final Administrative Determination (FAD). Based on a review of 
available information, including any documentation submitted by the IFQ 
allocation permit holder in support of the appropriateness of a 
different fee amount, the Regional Administrator shall determine 
whether there is a reasonable basis upon which to conclude that an 
alternate fee amount is correct. This determination shall be set forth 
in a FAD that is signed by the Regional Administrator. A FAD shall be 
the final decision of the Department of Commerce.

[[Page 49190]]

    (A) The IFQ allocation permit holder shall have 30 days from the 
date of the FAD to comply with the terms of the FAD.
    (B) If the IFQ allocation permit holder does not comply with the 
terms of the FAD within this period, the Regional Administrator shall:
    (1) Refer the matter to the appropriate authorities within the U.S. 
Department of the Treasury for purposes of collection; and
    (2) Cancel any Letter of Authorization to fish that had been issued 
during the appeal.
    (vi) If NMFS does not receive full payment of an IFQ cost recovery 
fee prior to the end of the cost recovery billing period immediately 
following the one for which the fee was incurred, the subject IFQ 
allocation permit and any associated IFQ quota share shall be deemed to 
have been voluntarily relinquished pursuant to paragraph (b)(8) of this 
section.
    (6) Annual cost recovery report. NMFS will publish annually a 
report on the status of the tilefish IFQ cost recovery program. The 
report will provide details of the costs incurred by NMFS for the 
management, enforcement, and data collection and analysis associated 
with the tilefish IFQ program during the prior cost recovery billing 
period, and other relevant information at the discretion of the 
Regional Administrator.
    (i) Periodic review of the IFQ program. A formal review of the IFQ 
program must be conducted by the MAFMC within 5 years of the effective 
date of the final regulations. Thereafter, it shall be incorporated 
into every scheduled MAFMC review of the FMP (i.e., future amendments 
or frameworks), but no less frequently than every 7 years.

[FR Doc. 2013-19561 Filed 8-12-13; 8:45 am]
BILLING CODE 3510-22-P