[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Proposed Rules]
[Pages 55560-55566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 679, and 680

[Docket No. 210929-0201]
RIN 0648-BK76


Fisheries of the Exclusive Economic Zone Off Alaska; Regulatory 
Amendment To Remove GOA Sablefish IFQ Pot Gear Tags and Notary 
Certification Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to modify recordkeeping and 
reporting requirements to remove pot gear tag requirements in the 
sablefish Individual Fishing Quota (IFQ) fishery in the Gulf of Alaska 
(GOA) and remove requirements to obtain and submit a notary 
certification on various programs' application forms. This action is 
intended to reduce administrative burden on the regulated fishing 
industry and the National Marine Fisheries Service (NMFS). This action 
promotes the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the Halibut 
Act, fishery management plans (FMPs), and other applicable laws.

DATES: Submit comments on or before November 5, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0084, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0084 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the Regulatory Impact Review (referred to as 
the Analysis) and Categorical Exclusion prepared for this action are 
available from www.regulations.gov or from the NMFS Alaska Region 
website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS at the above address and to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.''

FOR FURTHER INFORMATION CONTACT: Alicia M Miller at 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the U.S. exclusive 
economic zone (U.S. EEZ) off Alaska under the FMP for Groundfish of the 
GOA (GOA FMP), and the FMP for Groundfish of the Bering Sea and 
Aleutian Islands (BSAI) Management Area (BSAI FMP). NMFS manages the 
king and Tanner crab fisheries in the U.S. EEZ of the FMP for BSAI King 
and Tanner Crabs (Crab FMP).
    The North Pacific Fishery Management Council (Council) prepared, 
and NMFS approved, the BSAI FMP, the GOA FMP, and the Crab FMP under 
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 
Regulations governing and implementing the BSAI and GOA FMPs appear at 
50 CFR parts 600 and 679. Regulations governing and implementing the 
Crab FMP appear at 50 CFR parts 600 and 680.
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
fishing for Pacific halibut (Hippoglossus stenolepis) through 
regulations at 50 CFR part 300, subpart E, established under authority 
of the Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k. Throughout the remainder of this preamble, Pacific halibut is 
referred to as halibut. The IPHC adopts annual management measures 
governing fishing for halibut under the Convention between the United 
States and Canada for the Preservation of the Halibut Fishery of the 
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, 
Ontario, on March 2, 1953, as amended by a Protocol Amending the 
Convention (signed at Washington, DC, on March 29, 1979). The IPHC 
regulations are subject to acceptance by the Secretary of State with 
concurrence from the Secretary of Commerce (Secretary). After 
acceptance by the Secretary of State and the Secretary, NMFS publishes 
the annual management measures in the Federal Register pursuant to 50 
CFR 300.62. The Halibut Act, at section 773c(c), also authorizes the 
Council to develop halibut fishery regulations, including limited 
access regulations, that are in addition to, and not in conflict with, 
approved IPHC regulations.

Background

    In April 2021, the Council requested NMFS propose regulations to 
remove the requirement to obtain a notary certification on IFQ Program 
application

[[Page 55561]]

forms, as well as to remove the requirements for sablefish IFQ 
fishermen using longline pot gear in the GOA to annually register their 
vessel to participate in this fishery and obtain and mark their gear 
with pot gear tags. This proposed rule would modify recordkeeping and 
reporting requirements to remove pot gear tag requirements in the 
sablefish IFQ fishery in the GOA and remove requirements to obtain and 
submit a notary certification on application forms submitted under the 
halibut and sablefish IFQ Program, Charter Halibut Limited Access 
Program (CHLAP), Community Quota Entity (CQE) Program, License 
Limitation Program (LLP), and the Crab Rationalization (CR) Program. 
The primary purpose for requiring a notary certification was to prevent 
fraud and forgery by requiring the personal presence of the signer and 
satisfactorily identifying the signer. The Council determined, and NMFS 
agrees, that this requirement is unnecessary and administratively 
burdensome on the fleet and NMFS alike.
    The following sections of this preamble describe (1) background 
information on the IFQ Program, CQE Program, CHLAP, LLP, and the CR 
Program, (2) the need for this proposed rule, (3) the impacts of this 
proposed rule, and (4) the specific provisions that would be 
implemented by this proposed rule.

Individual Fishing Quota Program

    The commercial sablefish fisheries in the GOA and the BSAI are 
managed primarily under the IFQ Program. The Council and NMFS designed 
the IFQ Program to allocate harvest privileges among participants in 
the hook-and-line fishery to reduce fishing capacity that had led to an 
unsafe ``race for fish'' as vessels raced to harvest their allocation 
of the annual total allowable catch (TAC) of sablefish as quickly as 
possible before the TAC was reached. The IFQ Program design and 
subsequent amendments were intended to support the social and economic 
character of the fisheries and the coastal fishing communities where 
many of these fisheries are based. NMFS also allocates a small portion 
of the annual sablefish TAC to vessels using trawl gear. The trawl 
sablefish fishery is not managed under the IFQ Program, and this 
proposed rule does not modify regulations applicable to the trawl 
sablefish fishery.
    The commercial halibut fisheries in the GOA and the BSAI are also 
managed under the IFQ Program. The halibut fisheries experienced 
overcapacity and short fishing seasons similar to the sablefish 
fisheries. In addition, many fishermen participate in both fisheries 
because the species overlap in some fishing areas and may be harvested 
simultaneously.
    The IFQ Program was implemented in 1995 (58 FR 59375, November 9, 
1993). Under the IFQ Program, access to the non-trawl sablefish and 
halibut fisheries is limited to those persons holding quota shares. 
NMFS issued separate quota shares for sablefish and halibut to 
qualified applicants based on their historical participation during a 
set of qualifying years in the sablefish and halibut fisheries. A quota 
share is an exclusive, revocable privilege that allows the holder to 
harvest a specific percentage of either the TAC in the sablefish 
fishery or the annual commercial catch limit in the halibut fishery. In 
addition to being specific to sablefish or halibut, quota shares are 
designated for specific geographic harvest areas, a specific vessel 
operation type (catcher vessel or catcher/processor), and for a 
specific range of vessel sizes that may be used to harvest the 
sablefish or halibut (vessel category).
    Quota share allocation is given effect on an annual basis through 
the issuance of an IFQ permit. An annual IFQ permit authorizes the 
permit holder to harvest a specified amount of an IFQ species in an IFQ 
regulatory area from a specific operation type and vessel category. IFQ 
is expressed in pounds and is based on the amount of quota share held 
in relation to the total quota share pool for each IFQ regulatory area 
with an assigned catch limit. Section 3.1 of the Analysis (see 
ADDRESSES) provides additional information on the IFQ Program.
    NMFS authorized the use of longline pot gear in the sablefish IFQ 
fishery in the GOA under Amendment 101 to the GOA FMP (81 FR 95435, 
December 28, 2016). Under Amendment 101, NMFS also authorized the 
retention of halibut IFQ when using longline pot gear to harvest 
sablefish IFQ in the GOA. Under Amendment 101, NMFS implemented limits 
on the number of pots that could be used and required the use of pot 
gear tags. The pot gear tag requirements were intended to facilitate 
at-sea monitoring and enforcement of the pot limits. Under regulations 
implementing Amendment 101, a vessel operator using longline pot gear 
in the GOA sablefish IFQ fishery must annually request pot gear tags 
from NMFS by submitting a complete IFQ Sablefish Longline Pot Gear: 
Vessel Registration and Request for Pot Gear Tags form, available on 
the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska. NMFS then issues the number of requested pot gear tags 
up to the pot limit authorized at Sec.  679.42(l)(5)(ii) in a sablefish 
regulatory area.
    Regulations require a notary certification for NMFS to approve the 
following transactions under the IFQ Program: (1) Transfer of QS; (2) 
Temporary Transfer of IFQ; (3) Temporary Military IFQ transfer; (4) QS 
transfer to a Recreational Quota Entity (RQE); (5) QS transfer to a 
CQE; (6) Application to establish an RQE; and (7) Application to 
establish a CQE. The following sections briefly describe those 
programs, which have not been discussed previously in this preamble.

Community Quota Entity Program

    The Council developed the CQE Program to improve the ability for 
rural coastal communities to maintain long-term opportunities to access 
the halibut and sablefish resources. The Council recommended the CQE 
Program in the GOA as an amendment to the IFQ Program in 2002, and NMFS 
implemented the program in 2004 (69 FR 23681, April 30, 2004).
    The CQE Program allows small, remote, coastal communities listed in 
Table 21 to Part 679 in the GOA to purchase and hold catcher vessel 
halibut QS in IPHC regulatory Areas 2C, 3A, and 3B, and catcher vessel 
sablefish QS in the GOA. Communities eligible to participate in the CQE 
Program in the GOA include those that meet criteria for geographic 
location, population size, and historic participation in the halibut 
and sablefish fisheries. Additional detail on the CQE Program is 
available in Section 3.2 of the Analysis (See ADDRESSES).
    Participating communities are represented by a CQE, which is a 
NMFS-approved non-profit organization. The CQE holds QS and leases the 
IFQ derived from the underlying QS to community residents. To 
participate in this program, an eligible community must designate a CQE 
to represent it through the submission of an application to NMFS for a 
nonprofit corporation to be designated as a CQE. Regulations at 50 CFR 
679.41(l) require a notary certification on this application form.

Charter Halibut Limited Access Program

    The Council and NMFS developed specific management programs for the 
charter halibut fishery to achieve allocation and conservation 
objectives. These management programs maintain stability and economic 
viability in the charter fishery by (1) limiting the number of charter 
vessel operators, (2) allocating halibut to the charter fishery that 
varies with abundance, and (3)

[[Page 55562]]

establishing a process for determining harvest restrictions for charter 
vessel anglers to keep the charter halibut fishery harvest within its 
allocations.
    The charter fisheries in IPHC regulatory Areas 2C and 3A are 
currently managed under the CHLAP and the Catch Sharing Plan (CSP). The 
CHLAP limits the number of operators in the charter fishery, while the 
CSP establishes annual allocations to the charter and commercial 
fisheries and describes a process for determining annual management 
measures to limit charter harvest to the allocations in each IPHC 
regulatory area.
    The CHLAP established Federal charter halibut permits (CHPs) for 
operators in the charter halibut fisheries in Areas 2C and 3A (75 FR 
554, January 5, 2010). Since 2011, all vessel operators in Areas 2C and 
3A with charter anglers on board must have an original, valid CHP on 
board during every charter vessel fishing trip on which halibut are 
caught and retained. CHPs are endorsed for the applicable IFQ 
regulatory area and the number of charter anglers that may catch and 
retain halibut on a trip.
    Several requirements must be met to receive a CHP. They included: 
(1) A timely application for a permit; (2) documentation of 
participation in the charter vessel fishery during the qualifying and 
recent participation periods by Alaska Department of Fish and Game 
(ADF&G) logbooks; and (3) ownership of a business that was licensed by 
ADF&G to conduct the guided sport fishing that was reported in the 
logbooks. Licensed business owners that qualified for CHPs included 
individuals, corporations, firms, and associations (50 CFR 300.61). 
NMFS issued both transferable and nontransferable CHPs, depending on 
specific qualifying criteria detailed in the final rule implementing 
the CHLAP (75 FR 554, January 5, 2010).
    Effective December 20, 2019, implemented regulations also require 
CHPs to be registered annually with NMFS before they are used (84 FR 
64023, November 20, 2019). The annual registration of CHPs is intended 
to improve the enforcement of CHP transfer limitations and ownership 
caps, as well as provide additional information to NMFS and the Council 
on any changes in CHP ownership, leasing, and participation. 
Regulations at 50 CFR 300.67(i)(4) require a notary certification on a 
CHP transfer application form.

License Limitation Program

    In 1998, the Secretary implemented the LLP to place an upper limit 
on the number of vessels that could be deployed in the crab and 
groundfish (other than sablefish) fisheries off Alaska. The LLP was 
originally intended to address concerns that the harvesting fleet had 
expanded beyond the size necessary to harvest efficiently the optimum 
yield of the fisheries off Alaska. The LLP established several 
exemptions from the requirement that a vessel be named on an LLP 
license, including an exemption for small vessels. The LLP was 
established by Amendment 39 to the BSAI FMP, Amendment 41 to the GOA 
FMP, and Amendment 5 to the Crab FMP, which were implemented by NMFS on 
October 1, 1998 (63 FR 52642). Additional information about the LLP can 
be found in the preamble to the proposed rule for these amendments (62 
FR 43866, August 15, 1997).
    As of January 1, 2000, an LLP license is required for vessels 
participating in directed fishing for LLP groundfish species in the GOA 
or BSAI, fishing for commercial scallops in the GOA or BSAI, or fishing 
in any BSAI LLP crab fishery. A vessel must be named on an LLP license 
and that LLP license must be on board the vessel. The LLP is authorized 
in Federal regulations at 50 CFR 679.4(k), definitions relevant to the 
program are at 679.2, and prohibitions are at 679.7.
    The LLP license requirement is in addition to all other permits or 
licenses required by Federal regulations. The LLP is a Federal program 
and LLP licenses are not required for participation in fisheries that 
occur in the waters of the State of Alaska.
    Permanent LLP licenses are transferable, and the vessel named on 
the LLP license may also be changed. Transfer applications are 
available online and from the NMFS Restricted Access Management 
Program. To be effective, an application for such transfers must be 
submitted to and approved by NMFS. Additional information about the LLP 
Program and transfer limitations is included in Section 3.5 of the 
Analysis (See ADDRESSES).
    Regulations at 50 CFR 679. 4(k)(7)(iii) require a notary 
certification on an application for the transfer of LLP licenses.

Crab Rationalization Program

    The CR Program was implemented on April 1, 2005 (70 FR 10174, March 
2, 2005). The CR Program established a limited access program for nine 
crab fisheries in the BSAI and assigned QS to persons based on their 
historic participation in one or more of those nine BSAI crab fisheries 
during a specific period. Each year, a person who holds QS may receive 
an exclusive harvest privilege for a portion of the annual TAC. NMFS 
also issues processor quota share (PQS) under the CR Program. Each 
year, PQS yields an exclusive privilege to process a portion of IFQ in 
each of the nine BSAI CR crab fisheries. This annual exclusive 
processing privilege is called individual processor quota (IPQ). Only a 
portion of the QS issued yields IFQ that is required to be delivered to 
a processor with IPQ. Each year there is a one-to-one match between the 
total pounds of IFQ that must be delivered to a processor with IPQ with 
and the total pounds of IPQ issued in each CR crab fishery.
    Administration of the CR Program requires the submission of 
information to NMFS for a variety of purposes, including annual 
formation of cooperatives and the transfer of QS, PQS, IFQ, and IPQ 
privileges. Regulations require a notary certification on five CR 
Program application forms: (1) Application for Transfer of Crab PQS; 
(2) Application for Transfer of Crab QS; (3) Application to Become an 
Eligible Crab Community Organization (ECCO); (4) Application for 
Transfer of Crab QS/IFQ to or from an ECCO; and (5) Application for CR 
Program Eligibility to Receive QS/PQS or IFQ/IPQ by Transfer. 
Additionally, the BSAI CR Program QS Beneficiary Designation Form 
requires a notary certification, but this requirement is not explicitly 
stated in regulation.

Need for This Proposed Rule

    The purpose of this proposed action is to remove recordkeeping and 
reporting requirements that are no longer necessary. This action is 
intended to reduce administrative burden on the regulated fishing 
industry and NMFS by making two types of revisions to Federal 
regulations. First, this proposed rule would remove regulations 
requiring the use of pot gear tags in the longline pot gear sablefish 
IFQ fishery in the GOA. Second, this proposed rule would remove notary 
certification requirements for several application forms submitted to 
NMFS.

Impacts of This Proposed Rule

Pot Gear Tags

    This proposed rule would remove a requirement that all pots 
deployed in GOA sablefish areas have a pot gear tag that is (1) issued 
by NMFS and (2) assigned by NMFS to a vessel that is licensed by the 
State of Alaska. Regulations requiring a vessel owner to request and 
receive pot gear tags by submitting an application to NMFS would be 
removed. NMFS would no

[[Page 55563]]

longer administer issuance of pot gear tags to vessel owners. Vessel 
owners would no longer be required to submit an application to NMFS for 
the purpose of assigning pot gear tags to the gear used by that vessel, 
and vessel operators would no longer be required to track individual 
pot gear tags marked with a unique identifier that are assigned to 
their vessel.
    Pot gear tags have proven to be an impractical and ineffective at-
sea enforcement tool for the purpose of enforcing pot limits 
implemented under Amendment 101 to the GOA FMP. During an at-sea 
boarding, an enforcement officer would need to be able to visually 
inspect each pot being used by that vessel during a single boarding to 
ensure that every pot was marked with the appropriate tag, that the 
tags were all appropriately assigned to the vessel using them, and that 
the total number of pots did not exceed the area specific limit. 
Because an at-sea boarding typically occurs while a vessel is actively 
fishing, the total amount of gear being used by the vessel is typically 
not available to the boarding officer. At any given time, some gear may 
be on the deck of the vessel while other pots are located at the bottom 
of the ocean or stored on land. Other provisions implemented under GOA 
Amendment 101 including the daily fishing logbook (DFL), the prior 
notice of landing (PNOL), and from a Vessel Monitoring System unit 
onboard the vessel remain in effect and are sufficient for enforcement 
purposes. Section 4.3 of the Analysis (See ADDRESSES) provides 
additional information about the management and enforcement 
considerations of this proposed action.

Notary Certification

    This proposed rule would remove requirements to obtain and submit a 
notary certification on NMFS application forms. All application forms 
submitted to NMFS would continue to include a certification attesting 
to agreement with a statement that the information submitted on the 
application form is true, correct, and complete. This certification is 
sufficient to deter fraud and forgery, and to adequately enforce fraud 
and forgery should it occur. In addition, NMFS has identified that the 
requirement for notary certification is not consistently applied on all 
applications forms used by NMFS, and fraud and forgery have not been 
identified as significant concerns. This proposed rule would remove a 
requirement that is not necessary to enforce or deter fraud and forgery 
and is consistent with other application forms that NMFS administers.
    This proposed rule would modify regulations applicable to the 
halibut and sablefish IFQ Program, CHLAP, CQE Program, LLP, and the CR 
Program. The following application forms would be revised to remove the 
notary certification.
    IFQ Program:
     Application for Eligibility to Receive QS/IFQ;
     Application for Transfer of QS;
     Application for Temporary Transfer of Halibut/Sablefish 
Individual Fishing Quota (IFQ) (this includes: Category A IFQ transfer, 
surviving beneficiary, Temporary military transfer, and IFQ transfer to 
CDQ groups during year of low halibut abundance);
     Application for a Non-profit Corporation to be Designated 
as a Recreational Quota Entity (RQE); and
     Application for Transfer Of Quota Share To Or From A 
Recreational Quota Entity (RQE).
    CQE Program:
     Application for a Non-profit Corporation to be Designated 
as a Community Quota Entity (CQE); and
     Application for Transfer of Quota Share to or From A 
Community Quota Entity (CQE).
    CHLAP:
    Application for Transfer Of Charter Halibut Permit (CHP).
    LLP:
    Application for Transfer License Limitation Program Groundfish/Crab 
License.
    Crab:
     Application for Transfer of Crab Quota Share (QS);
     Application for Transfer of Crab Processor Quota Share 
(PQS);
     Application to Become An Eligible Crab Community 
Organization (ECCO);
     Application for Transfer of Crab QS/IFQ to or from an 
Eligible Crab Community Organization (ECCO); and
     BSAI Crab Rationalization Program Quota Share (QS) 
Beneficiary Designation Form.

Proposed Changes to Regulations

    This proposed rule would revise regulations at 50 CFR part 300, 50 
CFR part 679, and 50 CFR part 680 to (1) to remove pot gear tag 
requirements in the sablefish IFQ fishery in the GOA and (2) remove 
requirements to obtain and submit a notary certification on application 
forms. This section describes the proposed changes to current 
regulations.

Pot Gear Tags

    This proposed rule would revise Sec. Sec.  679.7(f)(18) and (19), 
and 679.42(l)(2) through (l)(5), to remove regulations governing the 
requirements to request and use pot gear tags when using longline pot 
gear in the GOA sablefish IFQ fishery.

Notary Certification

    This proposed rule would revise Sec. Sec.  300.67, 679.4, 679.41, 
and 680.41 to remove requirements to obtain and submit a notary 
certification on application forms submitted under the IFQ Program, 
CHLAP, CQE Program, LLP, and CR Program.
    This proposed rule would revise Sec.  300.67(i)(4) to remove the 
requirement to obtain a notary certification on an application to 
transfer a CHP.
    This proposed rule would revise Sec.  679.4(k)(7)(iii) to remove 
the requirement to obtain a notary certification on an application for 
transfer of a groundfish or crab LLP.
    This proposed rule would revise Sec. Sec.  679.41(c)(3), 
679.41(l)(3)(iii)(D), 679.41(m)(3)(v), and 679.41(n)(2)(iii)(D) to 
remove requirements to obtain a notary certification on the following 
IFQ Program and CQE Program Application forms:
     Application for Transfer of QS;
     Application for Temporary Transfer of Halibut/Sablefish 
Individual Fishing Quota (IFQ) (This includes: Category A IFQ transfer, 
surviving beneficiary, Temporary military transfer, and IFQ transfer to 
CDQ groups during year of low halibut abundance.);
     Application for a Non-profit Corporation to be Designated 
as a Recreational Quota Entity (RQE);
     Application for Transfer Of Quota Share To Or From A 
Recreational Quota Entity (RQE);
     Application for a Non-profit Corporation to be Designated 
as a Community Quota Entity (CQE); and
     Application for Transfer of Quota Share to or From A 
Community Quota Entity (CQE).
    The application for eligibility to receive QS or IFQ requires an 
applicant to obtain and submit a notary certification. This requirement 
is not included in regulations and will be removed from the form.
    This proposed rule would revise Sec. Sec.  680.41(c)(2)(ii)(F)(2), 
680.41(i)(2), 680.41(j)(2)(i)(C), and 680.41(k)(3)(ix) to remove 
requirements to obtain a notary certification on the following CR 
Program application forms:
     Application for Transfer of Crab Quota Share (QS);
     Application for Transfer of Crab Processor Quota Share 
(PQS);
     Application to Become An Eligible Crab Community 
Organization (ECCO);

[[Page 55564]]

     Application for Transfer of Crab QS/IFQ to or from an 
Eligible Crab Community Organization (ECCO); and
     Application for CR Program Eligibility to Receive QS/PQS 
or IFQ/IPQ by Transfer.
    The BSAI CR Program QS beneficiary designation form requires an 
applicant to obtain and submit a notary certification. This requirement 
is not included in regulations and will be removed from the form.
    This proposed rule also corrects a typographical error in Sec.  
680.41(k)(3)(ix)(B)(1) to remove the word ``transferor'' and replace it 
with ``transferee'' consistent with the preceding paragraph heading.

Classification

    NMFS is issuing this proposed rule pursuant to section 305(d) of 
the Magnuson-Stevens Act. Pursuant to MSA section 305(d), this proposed 
action is necessary to carry out the BSAI FMP, the GOA FMP, and the 
Crab FMP, because the aforementioned recordkeeping and reporting 
requirements are no longer necessary to administer the fishery 
management programs implemented under these FMPs. The NMFS Assistant 
Administrator has determined that this proposed rule is consistent with 
the BSAI FMP, the GOA FMP, the Crab FMP, and other applicable law, 
subject to further consideration after public comment.
    Regulations governing the U.S. fisheries for halibut are developed 
by the IPHC, the Pacific Fishery Management Council, the Council, and 
the Secretary. Section 5 of the 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.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Regulatory Impact Review (RIR)

    An RIR was prepared to assess the costs and benefits of available 
regulatory alternatives. The RIR considers all quantitative and 
qualitative measures. A copy of this analysis is available from NMFS 
(see ADDRESSES).

Certification Under the 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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    This action would modify recordkeeping and reporting requirements 
to remove pot gear tag requirements in the sablefish IFQ fishery in the 
GOA. In addition, this action would remove requirements to obtain and 
submit a notary certification on application forms and, therein, would 
modify regulations applicable to the halibut and sablefish IFQ Program, 
CHLAP, CQE Program, LLP, and the CR Program. Therein, this action would 
directly regulate vessel operators using longline pot gear to harvest 
sablefish IFQ in the GOA and other IFQ program participants, CHP 
holders under the CHLAP, CQE Program participants, LLP license holders, 
and participants in the CR Program.
    This action is expected to reduce costs to IFQ program participants 
by removing the requirement and associated administrative costs of the 
pot gear tag program. This action would also reduce the time burden and 
cost incurred by fishery participants to obtain a notary certification 
on affected application forms. This action would benefit all affected 
vessels and program participants by reducing the cost of complying with 
Federal regulations implementing the affected fishery management 
programs.
    For these reasons, this action is not expected to have an adverse 
economic impact on a substantial number of small entities. As a result, 
an initial regulatory flexibility analysis is not required and none has 
been prepared.

Information Collection Requirements

    This proposed rule contains information collection requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). NMFS has submitted these 
requirements to OMB for approval under the following control numbers: 
0648-0272 (Alaska Pacific Halibut & Sablefish Fisheries: Individual 
Fishing Quota (IFQ)); 0648-0334 (Alaska License Limitation Program for 
Groundfish, Crab, and Scallops); 0648-0353 (Alaska Region Gear 
Identification Requirements); 0648-0514 (Alaska Region Crab Permits); 
0648-0575 (Alaska Pacific Halibut Fisheries: Charter); and 0648-0665 
(Alaska Community Quota Entity (CQE) Program).
OMB Control Number 0648-0272
    The notary certification is removed from five forms approved under 
this control number. Subject to public comment, no changes are made to 
the estimated reporting burdens for these applications as the estimates 
allow for differences in the time needed to complete and submit the 
applications. Public reporting burden per individual response is 
estimated to average 200 hours for the Application for a Non-profit 
Corporation to be Designated as a Recreational Quota Entity (RQE); and 
2 hours each for the Application for Eligibility to Receive QS/IFQ, the 
Application for Transfer of QS, the Application for Temporary Transfer 
of Halibut/Sablefish Individual Fishing Quota (IFQ), and the 
Application For Transfer Of Quota Share To Or From A Recreational Quota 
Entity (RQE). Removing the notary certification will decrease the cost 
burden of completing these forms.
OMB Control Number 0648-0334
    The notary certification is removed from the Application for 
Transfer License Limitation Program Groundfish/Crab License. Subject to 
public comment, no changes are made to the estimated reporting burden 
for this application as the estimate allows for differences in the time 
needed to complete and submit the application. Public reporting burden 
per individual response is estimated to average 1 hour. Removing the 
notary certification will decrease the cost burden of completing this 
form.
OMB Control Number 0648-0514
    The notary certification is removed from five forms approved under 
this control number. Subject to public comment, no changes are made to 
the estimated reporting burdens for these applications as the estimates 
allow for differences in the time needed to complete and submit the 
applications. Public reporting burden per individual response is 
estimated to average 2.5 hours for the Application to Become An 
Eligible Crab Community Organization (ECCO); 2 hours each for the 
Application for Transfer of Crab Quota Share (QS), Application for 
Transfer of Crab Processor Quota Share (PQS), Application for Transfer 
of Crab QS/IFQ to or from an Eligible Crab Community Organization 
(ECCO); and 30 minutes for the BSAI Crab Rationalization Program Quota 
Share (QS) Beneficiary Designation Form. Removing the notary

[[Page 55565]]

certification will decrease the cost burden of completing these forms.
OMB Control Number 0648-0575
    The notary certification is removed from the Application for 
Transfer Of Charter Halibut Permit (CHP). Subject to public comment, no 
changes are made to the estimated reporting burden for this application 
as the estimate allows for differences in the time needed to complete 
and submit the application. Public reporting burden per individual 
response is estimated to average 2 hours. Removing the notary 
certification will decrease the cost burden of completing this form.
OMB Control Number 0648-0353
    This collection is revised to remove two forms associated with pot 
gear tags: (1) IFQ Sablefish Longline Pot Gear: Vessel Registration and 
Request for Pot Gear Tags; and (2) IFQ Sablefish Request for 
Replacement of Longline Pot Gear Tags. These forms are no longer 
necessary because vessel owners participating in the longline pot gear 
sablefish IFQ fishery in the GOA would no longer be required to 
register their vessel or use pot gear tags. Removing these requirements 
decreases the time burden and cost to participants in this fishery.
OMB Control Number 0648-0665
    This rule proposes to revise and extend by three years OMB Control 
Number 0648-0665. This collection contains the application used by a 
non-profit entity to be designated as a CQE and contains the 
applications and reports submitted by CQEs to apply for a CHP permit or 
LLP license; transfer IFQ, quota share, or guided angler fish; and 
report and manage their fishing activities. This collection is 
necessary for NMFS to manage the CQE Program.
    Due to this rule, this collection is revised to remove the notary 
certification from the Application for a Non-profit Corporation to be 
Designated as a Community Quota Entity (CQE) and the Application for 
Transfer of Quota Share to or From A Community Quota Entity (CQE). 
Subject to public comment, no changes are made to the estimated 
reporting burdens for these applications as the estimates allow for 
differences in the time needed to complete and submit the applications. 
Removing the notary certification will decrease the cost burden of 
completing these forms.
    The estimated number of respondents for this collection is 94; the 
estimated total annual burden hours are 1,620 hours; and the estimated 
total annual cost to the public for recordkeeping and reporting costs 
is $895.
    Public reporting burden per individual response is estimated to 
average 200 hours for the Application for Nonprofit Corporation to be 
Designated as a CQE; 40 hours for the CQE Annual Report; 20 hours for 
the Application for a CQE to Receive a Non-trawl Groundfish LLP 
License; 2 hours each for the Application for Transfer of Quota Share 
to or from a Community Quota Entity, the Application for a CQE to 
Transfer IFQ to an Eligible Community Resident or Non-resident, and the 
Application for Transfer (Lease) Between IFQ and Guided Angler Fish by 
a Community Quota Entity (CQE); and 1 hour each for the CQE License 
Limitation Program Authorization letter and the Application for 
Community Charter Halibut Permit.
Public Comment
    Public comment is sought regarding whether these proposed 
information collection requirements are necessary for the proper 
performance of the functions of NMFS, including whether the information 
shall have practical utility; the accuracy of the burden estimate; ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
Alaska Region (see ADDRESSES), or to the Office of Information and 
Regulatory Affairs (OIRA) by visiting www.reginfo.gov/public/do/PRAMain. Find the particular information collection by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirement of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at https://www.reginfo.gov/public/do/PRASearch.

List of Subjects

50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 300, 679, and 
680 are proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

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

0
2. In Sec.  300.67, remove the phrase ``notarized and'' from the first 
sentence in paragraph (i)(4).

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

0
3. 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; Pub. L. 111-281.

0
4. In Sec.  679.4, remove the phrase ``notarized and'' from the first 
sentence in paragraph (k)(7)(iii).
0
5. In Sec.  679.7, remove and reserve paragraphs (f)(18)(ii), and 
(f)(19)
0
6. In Sec.  679.41, remove the word ``notarized'' from paragraph 
(c)(3), remove paragraph (m)(3)(vi), and revise paragraphs 
(l)(3)(iii)(D), and (n)(2)(iii)(D) to read as follows:


Sec.  679.41  Transfer of quota shares and IFQ.

* * * * *
    (l) * * *
    (3) * * *
    (iii) * * *
    (D) The name of the non-profit organization, taxpayer ID number, 
NMFS person number, permanent business mailing addresses, name of 
contact persons and additional contact information of the managing 
personnel for the non-profit entity, resumes of management personnel, 
name of community or communities represented by the CQE, name of 
contact for the governing body of each community

[[Page 55566]]

represented, date, name and signature of applicant.
* * * * *
    (n) * * *
    (2) * * *
    (iii) * * *
    (D) The name of the non-profit organization, taxpayer ID number, 
NMFS person number, permanent business mailing addresses, name of 
contact persons and additional contact information of the managing 
personnel for the non-profit entity, resumes of management personnel, 
name and signature of applicant; and
* * * * *
0
7. In Sec.  679.42, remove and reserve paragraphs (l)(2)(i), (ii), 
(l)(3), and (l)(4), and revise paragraph (l)(5)(iv) to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

* * * * *
    (l) * * *
    (5) * * *
    (iv) Longline pot gear used on multiple vessels. Longline pot gear 
assigned to one vessel and deployed to fish IFQ sablefish in the GOA 
must be removed from the fishing grounds, and returned to port before 
being deployed by another vessel to fish IFQ sablefish in the GOA.
* * * * *

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
8. The authority citation for part 680 continues to read as follows:

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

0
9. In Sec.  680.41, remove and reserve paragraphs (c)(2)(ii)(F)(2), 
(j)(2)(i)(C)(2), (k)(3)(ix)(A)(2), (B)(2), and (C)(2), remove the 
phrase ``original notarized'' from paragraphs (i)(2), remove the word 
``notarized'' from paragraph (j)(2)(i)(C), remove the word 
``transferor'' and replace it with ``transferee'' in paragraph 
(k)(3)(ix)(B)(1), and revise paragraph (k)(3)(ix) heading to read as 
follows:


Sec.  680.41  Transfer of QS, PQS, IFQ and IPQ.

* * * * *
    (k) * * *
    (3) * * *
    (ix) Certification information--
* * * * *
[FR Doc. 2021-21721 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-22-P