Request to transfer LACG IFQ Scallop Allocation

Request to Transfer Limited
Access General Category (LAGC)
Individual Fishing Quota (IFQ)
Scallop Allocation

United States Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service
Northeast Region
55 Great Republic Drive
Gloucester, MA 01930

2010 Fishing Year (March 1, 2010 – February 28, 2011)
This form must be used to request a temporary or permanent transfer of IFQ between two IFQ scallop vessels. Written
approval or disapproval of the request will be provided within 30 days of receipt of this form. By signing the LAGC IFQ
transfer form, Transferor/Seller certifies, under the penalties for perjury, that the vessel identified in the Transferor/Seller
section of this form has not landed scallops in the applicable fishing year, and will not declare an LAGC trip or land
scallops prior to the completion of the transfer requested on this form. By signing this form, both Transferor/Seller and
Transferee/Buyer certify that he/she has read and understands the LAGC IFQ transfer program requirements and
restrictions attached to this form.

Section 1
Check which type of transfer you are requesting:
Temporary IFQ Allocation Transfer

Permanent IFQ Allocation Transfer

Section 2
Name
Phone Number:
Mailing address:

Transferor (Seller)
IFQ Scallop Vessel Name
Permit Number:
USCG Doc or State Reg. Number:

Total Pounds of Vessel’s Allocated IFQ being Transferred

Price Received for the Transfer: $

Section 3
Name
Phone Number:
Mailing address:

Transferee (Buyer)
IFQ Scallop Vessel Name:
Permit Number:
USCG Doc or State Reg. Number:

Section 4
Signature of Transferor or Authorized Agent:

Signature of Transferee or Authorized Agent:

Date:

Date:

Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instruction,
searching existing data sources, gathering and maintaining data needed, and completing and reviewing the information. Send comments regarding this
burden estimate to: NMFS, 55 Great Republic Drive, Gloucester, MA 01930. Notwithstanding any other provisions of the law, no person is required to
respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork
Reduction Act, unless that collection of information displays a currently valid OMB Control Number.
OMB Approval No. 0648-0491 Expires: 3/31/2011

LAGC IFQ Transfer Program Requirements and Restrictions (June 2010)
IFQ transfer request submission
IFQ transfer applications may be submitted by mail, fax (978-281-9135), or email
([email protected]). Emailed applications must be submitted with signatures and date in PDF
format.
IFQ transfer restrictions.
• IFQ may not be transferred from or to a vessel issued both a limited access full-time, part-time, or
occasional scallop permit and an IFQ scallop permit.
• An IFQ scallop vessel that has landed scallops at any time in a fishing year may not transfer that
vessel's IFQ to another IFQ scallop vessel in the same fishing year.
• A vessel’s IFQ may be transferred only once in a single fishing year; an IFQ scallop vessel can
receive IFQ allocations from more than one IFQ scallop permit but may not transfer the IFQ
allocation(s) to another vessel in the same fishing year.
• A transfer of an IFQ may not result in the sum of the IFQs on the receiving vessel exceeding 2
percent of the total allowable catch allocated to IFQ scallop vessels.
• A transfer of an IFQ may not result in the recipient having ownership of IFQ scallop allocations
that exceeds 5 percent of the total allowable catch allocated to IFQ scallop vessels.
• The Regional Administrator has final approval authority for all IFQ transfer requests.
Temporary IFQ transfers (i.e., Leases).
• Temporary IFQ transfers shall be effective only for the fishing year in which the temporary transfer
is requested, approved, and issued.
• The owner of a vessel issued an IFQ scallop permit may temporarily transfer some or all of the
vessel’s IFQ allocation.
• Temporary transfers may not be in amounts of less than 100 lb unless that value reflects the total
IFQ allocation remaining on the transferor’s vessel, or the vessel’s entire IFQ allocation.
Permanent IFQ transfers.
• A vessel permanently transferring its IFQ to another vessel must transfer all of the Federal limited
access permits for which the vessel is eligible to the recipient vessel in accordance with the vessel
replacement restrictions under §648.4, or permanently cancel such permits.
• Any such transfer cannot be limited in duration and is permanent unless the IFQ is subsequently
transferred to another IFQ scallop vessel, other than the originating IFQ scallop vessel, in a
subsequent fishing year
• A vessel issued an IFQ scallop permit must permanently transfer its entire IFQ allocation.
Application requirements.
• The application must be signed by both parties (transferor and recipient) involved in the transfer of
the IFQ or an authorized agent.
• Applications must be submitted to the NMFS Northeast Regional Office at least thirty days before
the date on which the applicants desire to have the IFQ effective on the receiving vessel.
• The Regional Administrator shall notify the applicants of any deficiency in the application pursuant
to this section.
• Applications may be submitted at any time during the scallop fishing year, provided the vessel
transferring the IFQ has not utilized any of its IFQ in that fishing year.
• Applications for temporary transfers must be received 45 or more days prior to the end of the
fishing year to allow time for a vessel to utilize the transferred IFQ prior to the expiration of the
fishing year.

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Application information. Information obtained from the transfer application will be subject to the
confidentiality requirements of the Magnuson-Stevens Act. .
Approval of IFQ transfer applications. Unless an application to transfer IFQ is denied for reasons below, the
Regional Administrator shall issue confirmation of application approval will be issued to both parties
involved in the transfer within 30 days of receipt of an application.
Denial of transfer application. An application to transfer IFQ may be rejected for, but not limited to, the
following reasons:
• The application is incomplete.
• The transferor/seller or transferee/recipient’s vessel is not issued a valid IFQ scallop permit.
• The transferor's or recipient's vessel or IFQ scallop permit has been sanctioned, pursuant to an
enforcement proceeding.
• The transfer will result in the recipient's vessel having an allocation that exceeds 2 percent of the
total allowable catch allocated to IFQ scallop vessels.
• The transfer will result in the recipient having ownership of general category scallop allocation that
exceeds 5 percent of the total allowable catch allocated to IFQ scallop vessels.
Upon denial of an application to transfer IFQ, the Regional Administrator shall send a letter to the
applicants describing the reason(s) for the rejection. The decision by the Regional Administrator is the final
agency decision and there is no opportunity to appeal the Regional Administrator's decision. Deficiencies
in applications must be corrected with a new application for an IFQ transfer.
Cost Recovery
The Magnuson-Stevens Fishery Conservation and Management Act requires IFQ programs to include a cost
recovery program, whereby NMFS will collect up to 3 percent of ex-vessel value of landed product to cover
NMFS’s actual costs directly related to the management, data collection, and enforcement of an IFQ
program. The owner of a vessel issued an IFQ scallop permit will be responsible for paying this fee and
IFQ scallop vessels incur a cost recovery fee liability for every landing of IFQ scallops, including scallops
landed as a result of an IFQ transfer. Each IFQ scallop permit holder is responsible for his/her own fee for
all of his/her IFQ scallop landings, and shall be responsible for submitting this payment to NMFS by
January 1st each fishing year. If this fee is not paid NMFS will deny the LAGC IFQ permit application for
the following fishing year.

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